Current through Register Vol. 41, No. 3, September 23, 2024
(a) Scope. This section shall apply to any
person or persons conducting or intending to conduct combined surface and
underground mining activities where a variance is requested from the
contemporaneous reclamation requirements of 4VAC25-130-816.100.
(b) Application contents for variances. Any
person desiring a variance under this section shall file with the division
complete applications for both the surface mining activities and underground
mining activities which are to be combined. The reclamation and operation plans
for these permits shall contain appropriate narratives, maps, and plans, which-
(1) Show why the proposed underground mining
activities are necessary or desirable to assure maximum practical recovery of
the coal;
(2) Show how multiple
future disturbances of surface lands or waters will be avoided;
(3) Identify the specific surface areas for
which a variance is sought and the sections of the Act, this chapter, and the
regulatory program from which a variance is being sought;
(4) Show how the activities will comply with
4VAC25-130-816.79 and other applicable requirements of the regulatory
program;
(5) Show why the variance
sought is necessary for the implementation of the proposed underground mining
activities;
(6) Provide an
assessment of the adverse environmental consequences and damages, if any, that
will result if the reclamation of surface mining activities is delayed;
and
(7) Show how offsite storage of
spoil will be conducted to comply with the requirements of the Act,
4VAC25-130-816.71 through 4VAC25-130-816.75, and the regulatory
program.
(c) Issuance of
permit. A permit incorporating a variance under this section may be issued by
the division if it first finds, in writing, upon the basis of a complete
application filed in accordance with this section, that-
(1) The applicant has presented, as part of
the permit application, specific, feasible plans for the proposed underground
mining activities;
(2) The proposed
underground mining activities are necessary or desirable to assure maximum
practical recovery of the mineral resource and will avoid multiple future
disturbances of surface land or waters;
(3) The applicant has satisfactorily
demonstrated that the applications for the surface mining activities and
underground mining activities conform to the requirements of the regulatory
program and that all other permits necessary for the underground mining
activities have been issued by the appropriate authority;
(4) The surface area of surface mining
activities proposed for the variance has been shown by the applicant to be
necessary for implementing the proposed underground mining
activities;
(5) No substantial
adverse environmental damage, either onsite or offsite, will result from the
delay in completion of reclamation otherwise required by Section 515(b)(16) of
the Federal Act, Part 816, and the regulatory program;
(6) The operations will, insofar as a
variance is authorized, be conducted in compliance with the requirements of
4VAC25-130-816.79 and the regulatory program;
(7) Provisions for offsite storage of spoil
will comply with the requirements of Section 515(b)(22) of the Federal Act,
4VAC25-130-816.71 through 4VAC25-130-816.75, and the regulatory
program;
(8) Liability under the
performance bond required to be filed by the applicant with the division
pursuant to Subchapter VJ will be for the duration of the underground mining
activities and until all requirements of Subchapter VJ have been complied with;
and
(9) The permit for the surface
mining activities contains specific conditions--
(i) Delineating the particular surface areas
for which a variance is authorized;
(ii) Identifying the applicable provisions of
Section 515(b) of the Federal Act, Part 816, and the regulatory program;
and
(iii) Providing a detailed
schedule for compliance with the provisions of this section.
(d) Review of permits
containing variances. Variances granted by permits issued under this section
shall be reviewed by the division no later than three years from the dates of
issuance of the permit and any permit renewals.
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
