Current through Register Vol. 41, No. 3, September 23, 2024
(a)
General. All disturbed areas shall be restored in a timely manner to conditions
that are capable of supporting-
(1) The uses
they were capable of supporting before any mining; or
(2) Higher or better uses.
(b) Determining premining uses of
land. The premining uses of land to which the postmining land use is compared
shall be those uses which the land previously supported, if the land has not
been previously mined and has been properly managed. The postmining land use
for land that has been previously mined and not reclaimed shall be judged on
the basis of the land use that existed prior to any mining; provided that, if
the land cannot be reclaimed to the land use that existed prior to any mining
because of the previously mined condition, the postmining land use shall be
judged on the basis of the highest and best use that can be achieved which is
compatible with surrounding areas and does not require the disturbance of areas
previously unaffected by mining.
(c) Criteria for alternative postmining land
uses. Higher or better uses may be approved by the division as alternative
postmining land uses after consultation with the landowner or the land
management agency having jurisdiction over the lands, if the proposed uses meet
the following criteria:
(1) There is a
reasonable likelihood for achievement of the use.
(2) The use does not present any actual or
probable hazard to public health or safety, or threat of water diminution or
pollution.
(3) The use will not-
(i) Be impractical or unreasonable;
(ii) Be inconsistent with applicable land use
policies or plans;
(iii) Involve
unreasonable delay in implementation; or
(iv) Cause or contribute to violation of
Federal, State, or local law.
(d) Approximate original contour: Criteria
for variance. Surface coal mining operations that meet the requirements of this
Paragraph may be conducted under a variance from the requirement to restore
disturbed areas to their approximate original contour, if the following
requirements are satisfied:
(1) The division
grants the variance under a permit issued in accordance with
4VAC25-130-785.16.
(2) The
alternative postmining land use requirements of Paragraph (c) of this section
are met.
(3) All applicable
requirements of the Act and this chapter, other than the requirement to restore
disturbed areas to their approximate original contour, are met.
(4) After consultation with the appropriate
land use planning agencies, if any, the potential use is shown to constitute an
equal or better economic or public use.
(5) The proposed use is designed and
certified by a qualified registered professional engineer in conformance with
professional standards established to assure the stability, drainage, and
configuration necessary for the intended use of the site.
(6) After approval, where required, of the
appropriate State environmental agencies, the watershed of the permit and
adjacent areas is shown to be improved.
(7) The highwall is completely backfilled
with spoil material, in a manner which results in a static factor of safety of
at least 1.3, using standard geotechnical analysis.
(8) Only the amount of spoil as is necessary
to achieve the postmining land use, ensure the stability of spoil retained on
the bench, and meet all other requirements of the Act and this chapter is
placed off the mine bench. All spoil not retained on the bench shall be placed
in accordance with 4VAC25-130-816.71 through 4VAC25-130-816.75.
(9) The surface landowner of the permit area
has knowingly requested, in writing, that a variance be granted, so as to
render the land, after reclamation, suitable for an industrial, commercial,
residential, or public use (including recreational facilities).
(10) Federal, State, and local government
agencies with an interest in the proposed land use have an adequate period in
which to review and comment on the proposed use.
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
