CHAPTER 140
COAL SURFACE MINING REGULATIONS (REPEALED)

Part 1
General

4VAC25-140-10. Scope. (Repealed.)

This chapter establishes general and specific rules for prospecting permits, mining permit, bonds, operation and reclamation procedure, haulageways, revegetation, and other matters related to coal surface mining.

4VAC25-140-20. [Reserved] (Repealed.)

Historical Notes

Repealed, Virginia Register Volume 29, Issue 24. eff. August 20, 2013.

4VAC25-140-30. [Reserved] (Repealed.)

Historical Notes

Repealed, Virginia Register Volume 29, Issue 24. eff. August 20, 2013.

4VAC25-140-40. Operative date. (Repealed.)

The operative date of this chapter is 30 days after adoption by the Board of Conservation and Economic Development.

4VAC25-140-50. Director, Division of Mined Land Reclamation. (Repealed.)

The Commissioner of the Division of Mined Land Reclamation shall be an authorized agent of the Director for the purposes of Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia, and all rules and regulations issued by the Department of Mines, Minerals and Energy pursuant thereto.

4VAC25-140-60. Inspectors. (Repealed.)

Inspectors shall make all necessary surveys and inspections of disturbed areas, shall administer and enforce all laws, rules and regulations, and shall perform such other duties as prescribed by the Director.

4VAC25-140-70. Amendments. (Repealed.)

All amendments, changes, and modifications of plans approved by the Director shall be valid only when evidenced by a writing.

Part 1B
Initial Regulatory Program

4VAC25-140-80. Compliance schedules and implementation procedures of PL 95-87. (Repealed.)

During the initial regulatory program, the following implementation procedures will be used:

(a) Surface Impacts Incident to Underground Coal Mines - New Operations. The operator of any such operation, which commences pursuant to a coal mine license issued on and after February 3, 1978, shall obtain a coal surface mine permit within 30 days after the operative date of this chapter in accordance with applicable Federal and State standards as outlined in 4VAC25-140-140 I and II.

(b) Surface Impacts Incident to Underground Coal Mines - Existing Operations. The operator of any such operations, which commenced pursuant to a valid mine license issued prior to February 3, 1978, shall obtain a coal surface mine permit within 30 days after the operative date of this chapter in accordance with applicable Federal and State standards as outlined in 4VAC25-140-140 III, IV, and V.

(c) Surface Mines - New Operations. The operator of any such operation, which commenced pursuant to a permit issued on or after February 3, 1978, must have a permit meeting the applicable Federal and State standards as outlined in 4VAC25-140-140 VI and VII.

(d) Surface Mines - Existing Operations. The operator of any existing surface mine operation, which will continue mining on or after May 3, 1978, shall have an amended coal surface mine permit on or prior to May 3, 1978 in accordance with applicable Federal and State standards as outlined in 4VAC25-140-140 VIII, IX and X.

4VAC25-140-90. Permit requirements. (Repealed.)

All permits issued after February 3, 1978 shall contain as a minimum permit fee, bond, permit application, plan for reclamation, and maps as required by Part 4 of the Coal Surface Mining Regulations plus the applicable data of 4VAC25-140-140.

4VAC25-140-100. Hydrologic balance. (Repealed.)

All permit applications and revisions to existing permits must contain base line data which establishes the pre-mining hydrologic balance in accordance with Section 515(b)(10) of PL 95-87 and Section 715.17 or 717.17 of the Surface Mining Reclamation and Enforcement Provisions dated December 13, 1977, whichever is applicable.

4VAC25-140-110. Lands unsuitable for mining. (Repealed.)

All permits issued on or after August 3, 1977 must meet the requirements of Section 522(e) of PL 95-87 and Section 710.4(b) of the Surface Mining Reclamation and Enforcement Provisions dated December 13, 1977.

4VAC25-140-120. Prime farmlands. (Repealed.)

All permits issued on and after August 3, 1977 must meet the requirements of Section 515(b) (7) of PL 95-87 and Section 716.7.

4VAC25-140-130. Variances. (Repealed.)

Any variances in the Federal Regulations adopted pursuant to PL 95-87 and subject to the approval of the regulatory authority can only be approved upon the submission of plans designed in accordance to the applicable Federal Regulation.

4VAC25-140-140. Permit classifications and compliance schedules for plans. (Repealed.)

In addition to the materials required by 4VAC25-140-90, the operator shall submit the following in accordance with classifications and time schedules as shown in I through X, unless prior to the expiration of the time allowed, the operator submits to the Division evidence which demonstrates that it is physically impossible for him to comply by the required date and the Director finds that based upon the evidence supplied, an extension of time requested is justified. The maximum time allowed for submitting detailed plans in compliance with State and Federal Regulations on new permits is determined from the date on which the permit is approved.

The maximum time allowed for submitting detailed plans in compliance with State or Federal Regulations on existing permits will be determined from May 3, 1978. Any permit application pursuant to classification numbers III and VIII shall contain information showing small operator eligibility determined by the Office of Surface Mining. In addition to the section of the Federal Regulations which are listed for the various operations subject to Federal Standards, the operators must comply with all applicable provisions of Sections 700, 715, 716 and 717 of the Federal Regulations and Section 515 (b) (7) of PL 95-87 if prime farmland is involved within the permitted area.

In the event any court of competent jurisdiction enjoins the enforcement or implementation of the Standards adopted pursuant to the Surface Mining Control and Reclamation Act of 1977 (PL 95-87), and the regulations, adopted pursuant thereto, the operator will be subject to the State Standards which would have applied to the operator in absence of the Federal Regulation which is enjoined or any new amended Federal Regulation resulting from the petition process or court action.

I. NEW UNDERGROUND MINES LARGER THAN 2.00 ACRES

A statement of terms for compliance with all standards as listed below in Items a through g must be submitted with the application:

II. NEW UNDERGROUND MINES 2.00 ACRES OR LESS

A statement of terms for compliance with all State Standards as listed below in items a through d must be submitted with the application.

III. EXISTING UNDERGROUND MINES LARGER THAN 2.00 ACRES WITH SMALL OPERATOR EXEMPTION

A statement of terms for compliance with State and Federal Standards listed below in items a through e must be submitted with the application.

IV. EXISTING UNDERGROUND MINES LARGER THAN 2.00 ACRES WITHOUT SMALL OPERATOR EXEMPTION

A statement of terms for compliance with all Standards as listed in items a through g must be submitted with the application.

V. EXISTING UNDERGROUND MINES 2.00 ACRES OR LESS

A statement of terms for compliance with all State Standards as listed in items a through d must be submitted with the application.

VI. NEW SURFACE MINES LARGER THAN 2.00 ACRES

A statement of terms for compliance with all standards as listed below in items a through j must be submitted with the application.

The above listed schedules refer to permit plans covering the entire permit area. The following list of permit requirements must be submitted with the application:

A plan in compliance with the Federal Standards on the following items:

a. Haul Road

b. Plans detailing blasting, spoil placement, and return to the original contour on a portion of the permit on which the operator will confine his operations until plans for disturbing additional acreage are submitted and approved.

c. Design of drainage system on the watershed to which the operation will be confined until such time as additional plans are submitted and approved for additional watersheds. (This drainage system shall be designed to insure adherence to the Federal effluent limitations). The operator should note that Section 715.17 of the Federal Regulations allow reduction in pond size when other sediment control practices are involved. Any such practices utilized must be included in this plan.

d. Grading, topsoiling, and revegetation plans.

VII. NEW SURFACE MINE OPERATIONS 2.00 ACRES OR LESS

Plans designed in accordance with the State Standards as listed below in items a through d must be submitted with the application:

VIII. EXISTING SURFACE MINE OPERATIONS LARGER THAN 2.00 ACRES WITH SMALL OPERATOR EXEMPTION

Operator submits on May 4, 1978 an amended plan designed in accordance to the Standards listed below:

IX. EXISTING SURFACE MINE OPERATIONS LARGER THAN 2.00 ACRES WITHOUT SMALL OPERATOR EXEMPTION

Operator submits on May 3, 1978 an amendment including terms of compliance with the Standards as listed below in items a through j.

X. EXISTING SURFACE MINE OPERATIONS 2.00 ACRES OR LESS

Operator must submit revised plans meeting the revised State Regulations by March 4, 1978.

4VAC25-140-150. Application submitted after operator's date. (Repealed.)

All new surface mine permit applications submitted 90 days after the operative date of these Regulations must contain the data required by the Virginia Coal Surface Mining Regulations and the Federal Regulations adopted pursuant to PL 95-87.

Part 2
Definitions

4VAC25-140-160. Statutory definitions. (Repealed.)

As used in this chapter, the words, coal surface mining, disturbed land, overburden, spoil, reclamation, Director, Division, Person, operator and Board, shall have the meaning assigned to them by Section 45.1-199, (a) through (j), as these sub-paragraphs of Section 45.1-199 presently appear and as they may be hereafter severally amended.

4VAC25-140-170. Regulatory definitions. (Repealed.)

Unless the context in which used clearly requires a different meaning as used in this chapter, the below listed words shall have the meanings assigned to them as follows:

"Acidity" means a sour reaction, generally expressed by pH, the symbol referring to degrees of acidity or alkalinity. On this scale, pH of one is the strongest acid: pH of 14 is the strongest alkali, pH of seven is the point of neutrality.

"Acid-Producing Substances" means mineral compounds generally associated with coal mining which will, when acted upon by water and air, cause acids to form. Such substances may include, but not be limited to, rider, rooster, blossom, boney, culm, and other sulphur or aluminum-bearing substances.

"Active Removal Point" means any location with the area permitted where coal is being removed from its natural state.

"Area Permitted" means the area shown on the application map which corresponds to the description stated on the permit application form, which has been approved by the Director.

"Auger Mining" means mining of coal from an exposed vertical coal face by means of a mechanically-driven boring machine which employs an auger to cut and remove the coal.

"Backfill" means the placement of material back into an excavated area in order to achieve a predetermined grade.

"Bench" means the leveled surface, ledge, shelf or terrace formed by the application of contour method of surface mining on sloped land. Also, the plateau or tableland resulting from the mountaintop removal mining method is to be considered as a bench.

"Bench Drainage" means the control of water originating on or above the bench during and after mining operations to detain and divert runoff waters and trap sediment on the bench in order to protect all areas susceptible to excessive erosion and sedimentation.

"Bench Width" means the width of the bench as measured horizontally from the base of the highwall to the outer point of the fill bench.

"Berm" means the ridge of material resulting from grading with heavy equipment.

"Check Dams" means a barrier constructed across a natural or constructed drainway. The purpose is to retard stream flow and catch minor sediment loads.

"Clearing" means the removal of all standing timber, logs, and brush two inches or greater in diameter.

"Completion of Operation" means an operation where no mineral has been removed or overburden removed or regraded for a period of three consecutive months, unless the operator within 30 days of receipt of the Director's notification declaring completion, submits sufficient evidence that the operation is in fact not completed.

"Concentrated Flow" means the main channel draining a watershed or watersheds.

"Critical Areas" means exposed, unprotected spoil areas that may by erosion, cause deposition of sediment in valleys and streams and/or are difficult to vegetate. More specifically, they are areas which fail to revegetate adequately within 60 days following the seeding.

"Cross-Drain" means a ditch constructed to carry away excessive drainage from a main collection point or ditch.

"Culvert" means a drainage ditch structure under a road or embankment.

"Cut" means a longitudinal excavation made by excavating equipment to remove overburden in a single progressive line.

"Cut-Fill" means overburden removed from an elevated portion of the road or bench and deposited in a depressed portion in order to maintain a desired grade.

"Diversion Ditch" means a ditch designed to change the actual or normal course of ground or surface water.

"End Dumping or Side Dumping" means the placement of overburden in a valley fill either by direct dumping or dozing spoil over the edge of outslope to provide a natural gravity segregation of large boulders and finer sized rocky material.

"Fill (Spoil) Bench" means that portion of a bench formed by spoil or overburden which has been deposited over the original slope.

"Filter Surface" means protective strip of absorbent undisturbed spoil or protective barrier such as logs between haulroads and streams to prevent turbid water from reaching streams.

"Haulageways" means any road constructed or improved by the coal surface mining operator (except public highways and internal road within the mining area) for use in the transport of coal from the pit to a public highway, loading dock, tipple, or preparation plant.

Internal roads with the permitted area will be subject to bench drainage and reclamation criteria.

"Highwall" means the vertical or near vertical wall of exposed overlaying strata resulting from excavating operations.

"Mountain Top Removal" means a mining method by which the total overburden is removed to recover 100% of the coal seam(s). The excess spoil is transported to a hollow to create a valley fill or other approved disposal areas.

"Natural Drainway" means any natural or existing channel, stream bed or drain which normally or continuously carries storm, ground or seepage water toward the tributaries and rivers of the watershed system which are normally shown on the most recent U.S.G.S. topographic maps.

"Peak" means a small hill or mound left in the process of coal surface mining, or the tops of spoil banks before grading.

"Pit" means that part of the surface mining operation from which coal is being actively removed, or the entire contiguous mined area.

"Regrade or Grade" means to change the contour of any surface by the use of levelling or grading equipment.

"Rock Core Drain" means a rock boulder column placed in the valley fill to act as a porous "French" drain.

"Sediment Basin" means a basin created by the construction of a barrier, embankment, or dam across a waterway or by excavating a basin.

"Sediment Channel" means a channel constructed below the toe of outslope or bench spoil to form a basin for the control of sediment.

"Seepage Water" means any water entering the ground from the surface through capillary action, cracks, faults or any other natural modes of entry, and finding its way to the surface again.

"Solid Bench" means that portion of the bench surface formed by earth or rock strata which has not been removed, as distinguished from spoil bench.

"Steep Slope Water Conveyance" means a lined channel or conduit.

"Toe Berm" means a berm or "bench" of compacted and vegetated soil constructed at the toe of the outer slope.

"Toxic Material" means acid mine spoil or overburden with a pH below 4.0.

"Underdrain" means a rock boulder fill section placed in the valley floor to act as a permeable zone for dewatering the earth fill above.

"Valley Fill" means a controlled earth and rock fill across or through the head of a valley or hollow to form a stable, permanent storage space for surface mine spoil material.

"Water Bar" means a shallow depression used to divert water toward drainageways.

"Window" means the opening constructed in the berm or spoil for the purpose of draining water from bench or road.

Part 3
Prospecting Permits

4VAC25-140-180. Purpose of prospecting permits. (Repealed.)

Prospecting permits shall be issued for the purpose of removing overburden to determine the location of quantity or quality of a coal deposit, or to determine the feasibility of removing coal.

4VAC25-140-190. Scope of permit. (Repealed.)

Prospecting permits shall be valid for nine months from date of issue, shall not be transferable, and shall be issued for no more than 10 acres of disturbed land.

4VAC25-140-200. Removal of coal. (Repealed.)

Coal may be removed during prospecting operations for testing purposes only.

4VAC25-140-210. Permit application. (Repealed.)

Two copies of the prospecting permit application shall be submitted to the Division. The second copy shall be returned to the operator after being reviewed. The following must accompany the prospecting permit application.

(a) Permit Fee. A fee of $10 per acre or fraction thereof based on the acreage estimated to be disturbed. Such fee shall be in the form of cash, cashier's check, or certified check, and shall be a credit toward the fee to be paid by the operator as provided in Section 45.1-202(e) if a coal surface mining permit is granted.

(b) Plan of Reclamation. The plan of reclamation shall consist of a plan for reclamation and method of operation form and two copies of application map prepared in accordance with Section 45.1-201(a)(3).

(c) Bond Coverage. Bond shall be furnished as provided in Section 45.1-201(a)(4) in the amount of $300 dollars per acre or fraction thereof for the total estimated disturbed acreage.

4VAC25-140-220. Notification of approval or disapproval. (Repealed.)

After review of the prospecting permit application and accompanying material and consideration of all other relevant factors, the Director shall give written notice to the application whether or not the permit shall be issued. The Director shall approve or disapprove the application within 30 days following receipt thereof; provided, in the discretion of the Director, for the purpose of obtaining such other necessary information as may be required, the time for approval or disapproval may be extended not to exceed 10 days. If the application is not acceptable, he shall set forth the reasons why it is not acceptable, and he may propose modifications, delete areas, or wholly reject the permit for cause on the basis of the plan of reclamation and method and operation form or for other justifiable reasons based on the Code or regulations.

4VAC25-140-230. Conversion to coal surface mining permit. (Repealed.)

In the event the holder of a prospecting permit desires to surface mine the area covered by the prospective permit and has fulfilled all the remaining requirements of a surface mining permit, the Director may permit the postponement of the reclamation of the prospected area and allow its incorporation into the complete reclamation plan submitted with the application for a coal surface mining permit within a period of three months following completion of prospecting.

4VAC25-140-240. Reclamation. (Repealed.)

Any excavation carried out under a prospecting permit and not incorporated into a coal surface mining permit shall be reclaimed in accordance with the plan of reclamation and governed by the regulations of the department relating to haulageways, method of operation, backfilling and regrading, revegetation, and drainage.

4VAC25-140-250. Remedies. (Repealed.)

Any operation failing to comply with the requirements set forth in this section shall be subject to the full range of sanctions, administrative and judicial, prescribed by Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and this chapter.

4VAC25-140-260. Release. (Repealed.)

Prospecting bond shall be released by the Director in accordance with the provisions of Section 45.1-206, Code of Virginia and applicable provisions of this chapter.

Part 4
Requirements for Issuance of Coal Surface Mining Permits

4VAC25-140-270. Contiguous areas. (Repealed.)

Only contiguous areas shall be covered under one permit, and may, in the discretion of the Director, be limited to 250 acres.

4VAC25-140-280. Markers and flagging. (Repealed.)

The beginning and end only of area under permit shall be flagged by the operator with yellow flagging material being tied six feet above ground around trees which may be spaced approximately 20 feet apart from the proposed highwall top to the toe of spoil, and shall be flagged prior to the pre-inspection. If trees are not present, the ribbon can be tied to wooden or iron stakes driven into the ground.

A permanent marker shall be installed adjacent to all active haul road entrances. This marker shall be constructed of metal or wood, have dimensions of no less than two feet X three feet, be securely affixed to a metal pipe post of no less than two inches in diameter. The marker must be no less than four feet above ground and visible to haul road traffic. The name of permittee, the permit number, and anniversary date must be legibly painted on marker.

X Y Z COAL COMPANY

PERMIT NUMBER 1234

ANNIVERSARY DATE 6-12-74

4VAC25-140-290. Operator conference with mined land reclamation inspector. (Repealed.)

Prior to submitting application for coal surface mining permit, all maps and plans shall be reviewed in the field at the proposed mining site with the mined land reclamation inspector assigned to the area to be mined. Two copies of a pre-inspection report shall be completed by the inspector. One copy shall be handed to the operator and one copy shall be sent to the Division office.

4VAC25-140-300. Coal surface mining permits. (Repealed.)

Coal surface mining permit shall be valid for duration of operation and shall not be transferable.

4VAC25-140-310. Permit application. (Repealed.)

Two copies of the permit application shall be submitted to the Division. The application shall be signed and sworn to by the person or his legal representative, intended to engage in surface mining of coal. One copy shall be returned to the operator after being reviewed.

4VAC25-140-320. Application content. (Repealed.)

The following must accompany the permit application:

(a) Permit Fee. A fee of $12 per acre of the area to be affected by the total operation for which plans have been submitted. The corresponding acreage shall be indicated on the application maps. The fee shall be in the form of cash, cashier's check, or certified check.

(b) Bond.

(1) Bond shall be furnished, on a form prescribed by the Director, in the amount of not less than $200 or more than $1,000 per acre to be disturbed within the ensuing year.

(2) The minimum amount of bond shall be not less than $2,500 unless the total acreage to be permitted is less than five acres.

(3) If the total acreage to be permitted is less than five acres, the bond shall be no less than $1,000.

(c) Plan for Reclamation and Method of Operation shall consist of the following material:

(1) Plan for reclamation and method of operation form shall include a statement of the planned land use to which the disturbed land is to be returned through reclamation and the proposed actions to assure suitable reclamation.

(2) A description of the proposed method of operation, including the manner, time, and distance for backfilling and grading work and a statement of nature and extent of anticipated adverse disruptions and injurious effects, reasonably foreseeable, as a result of the proposed operation, upon the land proposed to be disturbed and upon surrounding land use, both during and after the conclusion of such operations and proposed control techniques to minimize or prevent such disruptions or effects, including a sketch of the anticipated geologic strata in the highwall and spoil retention method.

(3) Drainage Plan. The drainage plan shall consist of a description of the drainage system to be constructed during and after mining, a map or overlay showing the natural drainage system and all sediment and drainage control structure to be installed, and appropriate design data. Alternate methods and designs of sediment and drainage control structures other than those contained in the Coal Surface Mining Drainage Handbook may be submitted with appropriate design data and construction specifications for approval. Approved design standards and construction specifications are contained in the Coal Surface Mining Drainage Handbook.

(4) Maps. Maps shall be supplied as described under Part 5 hereof, showing the total area to be permitted (with acreage calculated) and the area to be disturbed the ensuing year (with acreage calculated).

(5) Utility Easements. The operator shall submit a copy of a written notification of any proposed surface mining to the holder(s) of a utility easement(s) on the area to be disturbed and within 500 feet of such an area.

(d) Legal Right. A statement of the source of the legal right of the applicant to enter and conduct operations on the land proposed to be covered by the permit.

(e) Past and Outstanding Permits. A statement of any mineral permits issued by the State and held, at the time of or prior to application, by the applicant or by an individual, corporation, partnership, association or any other legal entity of which or with which the applicant has or has had control or common control.

(f) Revocations and Forfeitures. A statement of any and all surface mining permit revocations and bond forfeitures in Virginia or any other state experienced by the applicant or by any individual, corporation, partnership, association or any other legal entity of which or with which the applicant has or has had control or common control.

4VAC25-140-330. Additional bond. (Repealed.)

If, during any operation, it is found that the operator's estimate of the amount of disturbed land for which bond or other security has been posted for reclamation is less than the actual area disturbed, the Division shall require the operator to file additional bond or security sufficient to cover an amended estimate of land to be disturbed by such operation.

4VAC25-140-340. Release of bond. (Repealed.)

Coal surface mining bond shall be released by the Director in accordance with the provisions of Section 45.1-206, Code of Virginia and applicable provisions of this chapter.

4VAC25-140-350. Modifications. (Repealed.)

The Division may make reasonable modifications to any drainage, reclamation, and operation plan required under Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and provisions of this chapter.

4VAC25-140-360. Remedies. (Repealed.)

Any operation failing to comply with the requirements set forth in this part shall be subject to the full range of sanctions, administrative and judicial, prescribed by Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and this chapter.

Part 4A
Amendments

4VAC25-140-370. Disturbed areas. (Repealed.)

The Division may require the submission of an amendment to cover areas which the operator has disturbed outside his original permitted boundaries.

4VAC25-140-380. Additional mining. (Repealed.)

Amendments may, at the discretion of the Division, be allowed to cover additional mining areas or to change the drainage, operation, or reclamation plans.

4VAC25-140-390. Content. (Repealed.)

Material to accompany the amendment shall meet the requirements of Chapter 17, Section 45.1-202, 45.1-203, and 45.1-204.

Part 4B
Surface Impacts Incident to Underground Mines

4VAC25-140-400. Applicability to underground mines. (Repealed.)

Any permits issued on surface impacts incident to underground mines shall be in accordance with the regulations adopted pursuant to Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and Section 502(c) of Public Law 95-87, except that such Federal requirements shall not be included in permits which are issued for operations which are not subject to the provisions of the Federal Act.

4VAC25-140-410. Modifications. (Repealed.)

The Division may make reasonable modifications to any drainage, reclamation, and operation plan required under Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and provisions of this chapter.

Part 5
Map Requirements

4VAC25-140-420. Preparation of maps. (Repealed.)

All prospecting, application, progress and completion maps will be prepared and certified under the direction of an engineer, geologist, or land surveyor experienced in calculating acreage and preparing mining maps.

4VAC25-140-430. Certification. (Repealed.)

The certification of the maps will read as follows: "I, the undersigned, hereby certify that this map is correct, and shows to the best of my knowledge and belief, all the information required by the surface mining laws of this state." The certification will be signed and notarized. The Director may reject any map as incomplete if its accuracy is not as attested.

4VAC25-140-440. Map information. (Repealed.)

The applicant will furnish the Director two copies of an enlarged topographic map meeting the following requirements:

(a) Identify the area to correspond with the application;

(b) Show probable limits of adjacent deep-mining operations, probable limits of adjacent inactive or mined-out deep mined areas, the boundaries of surface properties and names of the residents of the area within 500 feet of any part of the proposed disturbed area;

(c) Be drawn to a scale 1" to 400' or to such scale as may be otherwise prescribed by the Director.

(d) Show the names and locations of all streams, creeks, or other bodies of water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the area of land to be disturbed and within 500 feet of such an area;

(e) Show by appropriate markings the boundaries of the area of land to be disturbed, the crop line of the seam or deposit of coal to be mined, and the total number of acres involved in the area of land to be disturbed;

(f) Show the date on which the map was prepared, the north point and the quadrangle sketch and exact location of the operation;

(g) Show the anticipated drainage pattern on and away from the area of land to be disturbed and the stream or tributaries receiving the discharge;

(h) Show the approximate location of the bench, if any, resulting from operations;

(i) Show the location of all haulageways to be constructed outside of the bench area;

(j) Show the location of all natural drainways.

(k) Show areas for partial bond release.

(l) Show field slope measurements at 500 feet intervals along the contour of coal seam indicating the degree of slope where the first cut of overburden will be placed.

(m) Show deleted areas.

4VAC25-140-450. Color code. (Repealed.)

A color code shall be used in preparing the map to indicate critical features of the permit areas as follows:

(a) Red shall indicate boundary of permit area.

(b) Yellow shall indicate the total number of acres to be disturbed during the ensuing year.

(c) Brown shall indicate the total number of acres regraded during the past year.

(d) Green shall indicate the total number of acres revegetated during the past year.

(e) Cross-Hatch Orange shall indicate the total number of acres disturbed, but not regraded, during the past year.

(f) Cross-Hatch Green shall indicate the total number of acres suitable for partial bond release.

(g) Blue shall indicate water and drainage pattern.

(h) Black arrows shall indicate field slope measurements taken at 500 feet intervals along the contour of the coal seam indicating the degree of slope where the first cut of overburden will be placed.

(i) Cross-Hatch Red shall indicate deleted areas.

Part 6
Permit Anniversary

4VAC25-140-460. Progress reports. (Repealed.)

If the operator wishes to continue operations, progress reports and maps shall be submitted 10 days prior to the anniversary date of the permit.

4VAC25-140-470. Acreage alterations. (Repealed.)

The acreage alterations listed below may be requested by the operator or required by the Division:

1. Deletions of acreage which seriously threaten or endanger health, safety, or property rights and where abatement is not feasible by the application of control techniques.

2. Deletions of acreage due to overestimating the spread of spoil and/or width of cut or cuts in the original plans on seam(s) which have been mined.

3. Increased acreage due to underestimating the spread of spoil in original plans.

4VAC25-140-480. Anniversary fee -- surface mines. (Repealed.)

An anniversary fee in the amount of $6 per acre for the amount of undisturbed land remaining on the original permit must accompany the progress report.

Anniversary Fee - Surface impacts Incident to underground Mining. An anniversary fee in the amount of $6 per acre for areas disturbed under the permit shall accompany the progress report.

4VAC25-140-490. Progress report form. (Repealed.)

A progress report shall be submitted on a form prepared by the Director. The progress report will be signed and sworn to by the person, or his legal representative, intending to engage in surface mining of coal. In addition to such other information as may be reasonably required, the progress report shall contain the following information:

(a) Number of Non-Compliance Notices received from the Director the past 12 months.

(b) Number of acres disturbed by the operation the past 12 months.

(c) Total number of acres disturbed since issuance of permit.

(d) Number of acres regraded the past 12 months.

(e) Number of acres vegetated the past 12 months.

(f) Total number of acres vegetated since original issuance of permit.

(g) Total number of acres suitable for partial bond release.

(h) Total number of acres to be deleted.

(i) Number of acres to be disturbed the next 12 months.

(j) Total number of acres of undisturbed land remaining under the original permit.

(k) Species and amount of seed/seedlings and fertilizer sown the past 12 months.

(l) Certification by Notary Public.

4VAC25-140-500. Request for additional bond at anniversary. (Repealed.)

Within five days upon receipt of the progress report, the Director will review the progress report to determine if additional bond is needed. If additional bond is needed, the Director will notify the operator in writing of the amount required. The operation will have 15 days from date of notification to submit the required bond.

4VAC25-140-510. Adjustment of bond rate. (Repealed.)

The rate of bond required upon receipt of the progress report shall be the same as required for original issuance of permit unless the Director finds:

(a) Need for increase due to the exigencies of any unanticipated circumstances or event.

(b) Need for increase due to operator having received three Notices of Non-Compliance during the past year of operation. If such is the case, the bond shall be at the maximum rate.

(c) Partial release of bond will be considered at anniversary time or after the operation is completed. One half of the bond on the area shown on the progress or completion map as regraded and vegetated in accordance to 4VAC25-140-1040 will be released if approval has been given; however, the bond shall be reduced to no less than one half of the current bond rate required for new permits.

4VAC25-140-520. Progress map. (Repealed.)

A progress map meeting the requirements of Part 5 of this chapter shall accompany the progress report. Further, upon the map must be placed the area involved and reported pursuant to 4VAC25-140-450.

4VAC25-140-530. Modifications. (Repealed.)

The Division may make reasonable modifications to any drainage, reclamation, and operation plans required under Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and provisions of this chapter.

4VAC25-140-540. Remedies. (Repealed.)

Any operation failing to comply with the requirements set forth in this part shall be subject to the full range of sanctions, administrative and judicial, prescribed by Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and this chapter.

Part 7
Haulageways

4VAC25-140-550. Required design data. (Repealed.)

Prior to the transport of coal, the following items shall be submitted as part of the operator's plan:

1. The centerline of the proposed haulageway shall be flagged prior to field inspection. A surveyed centerline profile showing the as built specifications of the haulageway shall include details such as percent grade, culvert placement and linear distances. The profile shall be submitted after completion of the haulageway and prior to transporting coal on said haulageway. If this map and cross-section are not supplied or the completed haulageway is not as shown on the profile, an order will be issued to correct the information supplied pursuant to 4VAC25-140-430 in regard to certification of maps;

2. Typical cross-sectional view of the haulageway and ditch;

3. Cross-sectional view of a typical culvert installation including inlet and outlet protective measures;

4. Map showing locations and sizes of all proposed culvert installations on the haulageway;

5. Refer to Drainage Handbook for criteria on Required Design Data for Haulageways.

All road grades shall be subject to a tolerance of plus or minus two percent (2%±) grade.

4VAC25-140-560. Grading. (Repealed.)

The grade of a haulageway shall not exceed 10%. If due to steep topography and site conditions, the following exceptions are allowable:

1. The maximum grade shall not exceed 10% for more than 300 feet per 1,000 foot unit of construction;

2. Sustained grades over 15% shall be limited to 150 feet for each 1,000 feet unit of construction and the ditches shall be rock lined, constructed in, or surfaced with impervious material. Culverts shall be spaced every 100 feet.

The road surface shall be sloped toward the ditch line at the minimum rate of ½ inch per foot of width or crowned at the minimum rate of ½ inch per foot of width as measured from the centerline of the haulageway.

No roots, stumps, logs, and brush may be buried in the fill section.

4VAC25-140-570. Existing haulageways. (Repealed.)

Existing haulageways shall be given special consideration; however, such haulageways are to be constructed and maintained in such a manner as to prevent erosion. Review will place emphasis on stabilization, ditching and drainage structures.

4VAC25-140-580. Cut & fill slopes. (Repealed.)

Cut Slopes - No steeper than 1.5:1 in soils; 1:1 in shales, and 0.25:1 in sandstone. Fill Slopes - No steeper than 1.5:1.

All cut and fill slopes shall be seeded the first planting season after construction.

4VAC25-140-590. Ditches. (Repealed.)

A ditch shall be provided on both sides of a through-cut and on the inside shoulder of a cut-fill section, with ditch relief cross-drains being spaced according to grade. Water shall be intercepted before reaching a switchback or large fill and led off. Water on a fill or switchback shall be released below the fill, not over it.

Ditches shall have a minimum constructed depth of 1 foot measured from the lowest point in the road surface adjacent to the ditch. In all cases, the ditch shall have sufficient capacity to control surface runoff.

4VAC25-140-600. Culverts. (Repealed.)

Ditch relief culverts shall be installed according to the following provisions:

2. The culvert shall cross the haulageway at no less than 30-degree skew angle downgrade. (60 degree angle to the road centerline)

3. The culvert shall be placed on a minimum of 4.0% grade to assure free drainage.

4. The culvert shall be covered by compacted fill to a depth of one foot or half the culvert diameter, whichever is greater.

5. The inlet end shall be protected by a headwall of a suitable material such as concrete, sand bags, rock riprap or other approved material.

6. The outlet end shall discharge onto an apron of rock riprap or other approved material. Where practicable, the outlet end shall be placed below the toe of the fill. At no time shall runoff be allowed to flow over an unprotected fill slope.

7. Culverts, whenever feasible, shall drain to natural drainageways.

4VAC25-140-610. Culvert openings. (Repealed.)

Culvert openings installed on haulageways shall not be less then 100 square inches in area, but in any event, all culvert openings shall be adequate to carry storm runoff and shall receive necessary maintenance to function properly at all times. The area of standard 12 inch diameter CMP culvert is 113 square inches.

If sediment is to be controlled on haulageway, all culverts shall have a perforated vertical or 45 degree riser on the upstream end and discharge must be controlled to prevent erosion of slopes.

Riser will be perforated on upper 2/3 of rise with ¾ inch holes spaced 8 inch vertically and 12 inch horizontally center to center.

Installation of drainage structures and design for sediment and drainage control other than those listed and contained in the Handbook shall be reviewed and evaluated by the Division of Mined Land Reclamation.

4VAC25-140-620. Natural drainway. (Repealed.)

Minor alterations and relocations as shown on the reclamation plan will be permitted if the natural drainway will not be blocked and if no damage is ensued to the natural drainway or to adjoining landowners.

4VAC25-140-630. Stream crossings. (Repealed.)

Drainage structures shall be required in order to cross a stream channel. They shall be such as not to restrict the flow of the stream, i.e., the bridge or culvert(s) shall be of adequate size to permit stream flow during the life of the surface mine permit.

4VAC25-140-640. Filter strips. (Repealed.)

A protective strip of absorbent undisturbed forest soil at least 50 feet wide shall be provided, where feasible, between the road and stream to reduce the sediment load of the stream. As the steepness of slope increases, so should the width of the filter strip as suggested in the following table:

4VAC25-140-650. Haulageway surfacing. (Repealed.)

Haulageways which adjoin a state highway must be surfaced the entire length of haulageway from state highway to the active loading point or for a shorter distance if the type of surfacing will eliminate and prevent the depositing of mud or debris onto the state highway. Haulageways will not be surfaced with any acid-producing material, or any material which will introduce a high concentration of suspended solids into surface drainage. The surface is considered to be that part of the haulageway exposed to the elements of wind, rain, and sun.

4VAC25-140-660. Maintenance. (Repealed.)

Maintenance is required to insure the proper functioning of the drainage system and to restore the haulageway to its approximate original cross-section.

Maintenance of the haulageway shall consist of:

1. Grading the haulageway to restore the crown and maintain the road surface. At no time shall grading leave a berm of earth between the roadbed and the ditch line.

2. Inspection of ditches, culverts, and bridges after every storm event and no less than once each week.

3. Repairing and cleaning of the ditches, culverts, and bridges whenever damaged or obstructed. Particular attention shall be given to removing debris from culvert inlets.

4. Cleaning of the sediment control basins when sediment accumulation reaches 60% of the original capacity.

4VAC25-140-670. Abandonment. (Repealed.)

When a haulageway is abandoned, steps shall be taken immediately to minimize erosion and establish a vegetative cover.

SEEDING -

The cut and fill slopes of the haulageway shall be seeded with approved grasses and legumes on such areas that are not already stabilized with approved vegetation.

WATER BARS -

Water bars of the ditch and earth berm types shall be installed according to the following provisions:

2. A water bar shall be placed at the head of all pitched grades regardless of other spacing.

3. Water bars shall cross the haulageway at approximately a 30 degree angle.

Exceptions to the abandonment procedures may be made upon application and approval by the Division of Mined Land Reclamation.

4VAC25-140-680. Modifications. (Repealed.)

The Division may make reasonable modifications to any drainage, reclamation and operation plan required under Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and provisions of this chapter.

4VAC25-140-690. Remedies. (Repealed.)

Any operation failing to comply with the requirements set forth in this section shall be subject to the full range of sanctions, administrative and judicial, prescribed by Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and this chapter.

Part 8
Operations

4VAC25-140-700. Keeping operation current. (Repealed.)

Backfilling, regrading plans and water management practices shall be detailed in approved plan of operations and kept current as follows:

(a) Should the surface mining operation include only the contour strip method (not augering) the grading and backfilling will be started within 60 days following removal of the mineral and under no circumstances will the grading and backfilling be more than 700 feet from the active removal point.

(b) Should the surface mining operation include the contour strip method and augering, the augering will follow the stripping by a period not to exceed 90 days from the initiation of the actual removal of coal from any given point by stripping unless the stripping operations have created conditions in conflict with applicable State and Federal laws and regulations relating to mine safety. The grading and backfilling will be started within 30 days following removal of the mineral by the augering method and under no circumstances will the grading and backfilling be more than 350 feet from the active removal point.

(c) Should the surface mining operation include the Mountain Top Removal Method (which permits only the first cut of overburden to be placed on the original slope) the fill bench (excluding roadway) shall be regraded within 60 days following the removal of the mineral. The successive cuts that are placed back onto the solid bench of the mountain top shall be regraded and vegetated when the final pit backfill elevation as stated in the approved operation plan has been obtained.

(d) Surface Impacts Incident to Underground Mines. Backfilling and grading of mine entry cuts, other surface work areas, or areas otherwise affected shall be regraded within 60 days of completion of operation; however, the Division may require regrading of such areas not actively being used in mining operations prior to completion of operation.

(e) Should the surface mining operation include the Valley Fill Method of overburden spoil placement, terraces may be required on the outslope face of the valley fill. As the terraces (if required, due to slope length and type of overburden), are completed up to the elevations specified in the operation plan, vegetation shall be started upon the completion of sloping and compaction by tracking in of the bench terraces and outslopes between terraces.

(f) The stockpiling of topsoil or fine grained mine spoil is recommended and advantageous to provide material suitable for final regrading and proper seed beds which, in turn, will accelerate vegetation growth.

(g) All vegetation shall be done in accordance with Part 10. Revegetation.

4VAC25-140-710. Weather conditions. (Repealed.)

Should weather conditions make grading and backfilling impracticable, the time and distance in 4VAC25-140-700 may be reasonably extended by the Division.

4VAC25-140-720. Stockpiling of coal. (Repealed.)

All coal when extracted or uncovered during the operation shall be removed from the operation as soon as practicable. However, in the event it is deemed by the inspector that such removal is not feasible, the operator shall cover the exposed mineral with a suitable protective cover.

4VAC25-140-730. Removal of equipment. (Repealed.)

All grading and backfilling shall be completed before equipment necessary for such work is removed from the operation unless otherwise authorized by the Division.

4VAC25-140-740. Treatment of toxic material. (Repealed.)

All acid-producing and/or toxic overburden mine spoil with pH of less than 4.0 which is part of or directly associated with the coal seam(s) being mined, shall be localized and separated from the material used for final regrading. The toxic material and/or the dark slatey portion of the overburden removed including underground mine waste shall be placed in mined-out pits or other permissible fill areas and covered with mine spoils that are suitable for vegetation growth.

4VAC25-140-750. Covering the pit. (Repealed.)

A minimum of four feet of top or mine spoil of non-toxic or non-acid producing material shall be placed over the pit area or valley fill surfaces. The exposed material shall be suitable for quick growth of grasses and legumes.

4VAC25-140-760. Metal, etc. (Repealed.)

All metal, lumber, and debris shall be removed or buried.

4VAC25-140-770. Grading spoil toe. (Repealed.)

Soil impinging onto undisturbed lands will be graded so as to blend into the adjoining undisturbed lands. All rocks and boulders rolling onto land shall be removed or buried where feasible as determined by the Division, and in a manner approved by the Division.

4VAC25-140-780. Spoils retention. (Repealed.)

Controlled spoil placement shall be accomplished by limitations of the bench width of the first cut and its relationship to the original slope of the hillside as shown in the following table:

(a) Contour Mining Method including Surface Impacts of Underground Mining. If in the event additional cuts are desired or bench widths greater than those shown above, the excess overburden from cuts 1, 2, 3, etc., may be transported laterally and stacked or placed on solid portions of mined-out pits or into properly constructed valley fills. Other disposal sites are subject to the approval of the Division upon receipt of a well defined operations plan. The reduction of the highwall height by the haul back mining system is recommended as a practical location for the disposal of excess of overburden.

In cases where the maximum bench width of the first cut is not taken (gently sloping topography: Less than 12 degrees original slope), the mining blocks shall be limited to 700 feet of exposed highwall. The backfilling and grading will be started within 60 days following the removal of mineral from the 700 feet block and prior to any disturbance on the adjacent 700 feet block.

All slopes on which the First Cut of overburden is to be placed shall be cleared prior to the placement of spoil. The vegetation debris shall be piled laterally in a wind row immediately below the toe of the outslope to act as a sediment trap or barrier for soils eroding from the outslope spoil. During the clear cutting operation, soil disturbance on the original hillslope must be kept at a minimum. Scalping by dozer, i.e., removal of all organic vegetation is an acceptable practice if limited to 300 feet in advance of the placement of the first cut.

During the multi-seam mining by the Contour Method, the overburden from the lowest seam shall be treated the same as that of a single seam operation. The limitation of the First Cut bench width, the clearing of down slope hillside and the removal and placement of second and third cut overburden will apply. The excess overburden from the upper seam(s) may be placed in the mined-out pit(s) of the lower seam(s). In no event shall the toe of the overburden from the upper seam(s) extend beyond three quarters the width of the solid bench portion of the bottom seam. Upon completion of overburden removal and coal extraction from the multi-seam pit operation, the area between benches shall be regraded within 60 days.

If in the case of a Contour Strip Mine operation would constitute a hazard to public safety, or that any spoil would adversely affect an established water course or that the operation would adversely affect a public park or recreation area, the barrier type/haulback mining method should be practiced. This system provides features which prohibit any down-slope disturbances and diminishes the possibility of deletions of areas from which the effects of mining would be detrimental. Either a 15 foot barrier or compacted berm shall be maintained or constructed at the coal seam outcrop elevation to prevent any spoil from moving down the slope. The overburden removed in a block or compacted berm shall be maintained or constructed at the coal seam outcrop elevation to prevent any spoil from moving down the slope. The overburden removed in a block sequence shall be hauled back into the pit behind the coal removal point, transported into a valley fill or other approved disposal sites.

In all Contour Surface Mining Methods, i.e., single or multiple seam operations when the haulback or the placement of excess spoil into a mined-out pit, it is advantageous to track in the inclined spoil bank during the final regrading process. This technique not only compacts the surface layer of soil to diminish sheet erosion, but forms seed traps to hasten the growth of vegetation cover.

(b) Mountain Top Removal Method. The First Cut Bench width limitation shall apply to this mining system. The clearing of outslopes will be required as specified under 4VAC25-140-780(a).

The removal of subsequent cuts shall be placed into the mined-out pits or the excess spoil transported to a valley fill or other approved disposal sites.

The operations plan submitted with application shall describe the sequence of cuts to be taken, the method and location of overburden placement, and the vegetation schedule.

(c) Valley Fill Mining Method. The installation of a Valley Fill may be done by alternate methods, i.e., the placement of a continuous rock core or the end-dump (dumping from sides of the hollow) system that provides an adequate underdrain, either of which will dewater the spoil in the valley fill section. The construction of these alternate methods shall conform to the standards/specifications for valley fills as set forth in the Coal Surface Mining Drainage Handbook.

A detailed plan of the method selected shall accompany the permit application. The required data shall consist of a centerline profile of the valley floor, the calculated volume of the overburden fill to be placed in the valley, the longitudinal configuration of the final regraded bench terraces, the presence and description of existing or potential stream flow, the rock type to be used in the core or underdrain, a cross-section of the fill section which indicates the surface drainage pattern, and the size of the rock retaining barrier placed at the toe of the Valley Fill Face when required.

(d) Other mining methods may be submitted for approval if the spoil retention requirements are acceptable. The variations of topography, location, site conditions, orphaned land, drainage control facilities, overburden types and excess spoil disposal sites will be considered prior to the issuance of a mining permit.

4VAC25-140-790. Final bench slope. (Repealed.)

(a) Contour Mining Method including Surface Impacts Incident to Underground Mining. If the spoil retention requirement is satisfactory and the restored area will provide a higher land use bench area, the table portion shall be sloped on a 2% to 5% gradient toward the highwall or other drainage systems to prevent the surface water from flowing over the First Cut outer slope of the disturbed area.

(b) Mountain Top Removal Method. The final plateau or table of the mountain top shall be sloped to direct surface runoff into approved drainage systems to prevent surface runoff from flowing over the edges of the spoil.

(c) Valley Fill Systems. The bench and terraces on the face of the outer slope shall be pitched at 2% to 5% declined toward the head of the hollow.

In the case of a rock core construction, the terraces shall slope toward the rock core on a 2% to 5% minimum downgrade.

If a rock blanket underdrain construction method is used (i.e., end-dump or side dump from the sides of the hollow), the center of the valley fill will be crowned and the terraces sloped toward both sides of the hollow at a 2% to 5% minimum downgrade. Rock lined or other surface lined approved water conveyances shall be installed on side(s) of the valley fill where the fill section abuts or intersects the flank(s) of the hollow. Alternate methods of drainage control may be submitted for approval.

In cases where site conditions do not permit the installation of water conveyances on both sides of the valley fill, a drainage plan utilizing a single water conveyance may be submitted for approval. In this event the terraces shall be sloped 2% to 5% down slope across the fill section into the lined water conveyance.

4VAC25-140-800. Accumulation at perimeter. (Repealed.)

No operator shall cause or allow the accumulation of overburden, spoil, or other material outside of the permit area or place any such material in a manner that erosion or slides might cause such material to encroach upon land or waterways not covered by the permit.

4VAC25-140-810. Modifications. (Repealed.)

The Division may make reasonable modifications to any drainage, reclamation, and operation plan required under Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and provisions of this chapter.

4VAC25-140-820. Remedies. (Repealed.)

Any operation failing to comply with the requirements set forth in this part shall be subject to the full range of sanctions, administrative and judicial, prescribed by Chapter 17 (§ 45.1-198 et seq.) of Title 45.1. of the Code of Virginia and this chapter.

Part 9
Drainage

4VAC25-140-830. Coal Surface Mining Drainage Handbook. (Repealed.)

The Coal Surface Mining Drainage Handbook, hereinafter referred to as the "Handbook" contains approved design methods and technical standards for design and construction for drainage and sediment control measures referred to in the Coal Surface Mining Regulations. Alternate methods and designs of sediment and drainage control structures other than those contained in the Handbook may be submitted with appropriate design data and construction specifications for approval.

4VAC25-140-840. Sediment basins. (Repealed.)

Sediment basins shall be installed on drainage-ways carrying concentrated flows from all proposed disturbed areas unless the disturbed areas are adequately controlled by other methods such as bench retention basins, sediment channels, diversions to other sediment structures, or mining methods which incorporate drainage and sediment control. Sediment basins shall be located as close to the disturbed area as possible. Where feasible, they should be of the diversion type (adjacent to watercourse rather than across it), to keep sediment accumulation out of main watercourses. Sediment basins shall be installed prior to land disturbing activities within the drainage area controlled by the sediment basin. If in the event adequate sediment control cannot be provided, considerations for surface mine permits may be denied. Detailed plans, drawings, and design criteria for each sediment control structure will be submitted to the Division for approval to be incorporated in the plan for reclamation. Approved design standards and construction specifications are contained in the Handbook.

4VAC25-140-850. Diversion ditches. (Repealed.)

Diversion ditches may be installed to divert water away from surface mined areas and direct runoff from spoil slopes to sediment control structures, thereby reducing sediment problems and interference with active mining operations. Approved design standards and construction specifications are contained in the Handbook.

4VAC25-140-860. Access to highwall. (Repealed.)

Access roads shall be provided from the bench to the top of the highwall approximately every 2,500 feet. These roads shall be constructed as to accommodate a 4-wheel drive vehicle.

4VAC25-140-870. Bench drainage. (Repealed.)

Bench drainage involves the collection, handling and removal of water from the bench area. Waterways shall be provided draining to an approved outlet. At no time will water be discharged over the bench crest without the use of structural measures to protect against erosion. Where possible, natural drainways shall be used to lower water from the bench to the receiving stream. When natural drainways are not available, rock riprap, pipes, flumes or other suitable structures shall be used. Where possible, sediment originating on the bench shall be confined there and will not be released in the discharge water. Sediment control on the bench can be accomplished by the use of sediment channels or bench retention basins on or over the solid bench. Check dams and depressions may be used in conjunction with these structures to trap minor sediment loads and increase the time between required clean-outs. At no time shall windows be cut to allow accumulated water to drain over or through the outer spoil. Approved design standards and construction specifications are contained in the Handbook.

Internal roads within the permitted area will be subject to bench drainage and reclamation criteria.

4VAC25-140-880. Protecting permanent streams. (Repealed.)

All permanent streams shall be protected from spoil by natural or constructed barriers as determined by the Division.

4VAC25-140-890. Natural drainways. (Repealed.)

Drainways will be identified on the map submitted with the application. If, in the operation, it is necessary to cross or fill such a drainway, proper drainage structures shall be provided to allow free-flowing drainage and minimize erosion. Where necessary water retarding structures will be placed in the drainways. Approved design standards and construction specifications relating to natural drainways are contained in the Handbook under Bench Drainage.

4VAC25-140-900. Acid water. (Repealed.)

Where acid water exists resulting from the surface mining of coal, such water shall be treated adequately and properly drained from the bench. The pH of all water resulting from the surface mining of coal shall be between pH 6 to pH 9.

4VAC25-140-910. Water impoundments. (Repealed.)

Plans for water impoundments including those to be used for livestock, recreation, industry or others shall be submitted to the Division for approval. Approved design standards and construction specifications relating to water impoundments are contained in the Handbook under Bench Drainage.

4VAC25-140-920. Toe berm. (Repealed.)

Toe berms may be used at the toe of outer spoil slopes to control sheet erosion by diminishing the velocity of the runoff and making it possible for sediment to deposit. Approved design standards and construction specifications are contained in the Handbook.

4VAC25-140-930. Sanitary landfills. (Repealed.)

Alternative plans for sanitary landfills will be accompanied by the written approval of the State Department of Health.

4VAC25-140-940. Modifications. (Repealed.)

The Division may make reasonable modifications to any drainage, reclamation, and operation plan required under Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and provisions of this chapter.

4VAC25-140-950. Remedies. (Repealed.)

Any operation failing to comply with the requirements set forth in this part shall be subject to the full range of sanctions, administrative and judicial, prescribed by Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and this chapter.

4VAC25-140-960. Certification of drainage structures. (Repealed.)

All alternate designs for sediment and drainage control structures other than those contained in the Handbook shall be under the supervision of a registered professional engineer.

A certificate of completion shall be filed with the Division by the operator as to the construction of the drainage or sediment control structure(s) in accordance with the approved plan.

Part 10
Revegetation

4VAC25-140-970. Coal Surface Mining Revegetation Guidelines. (Repealed.)

The Virginia Coal Surface Mining Revegetation Guidelines contain standards and acceptable practices for the items covered in 4VAC25-140-980 through 4VAC25-140-1070. Alternate revegetation practices other than those contained in the Guidelines may be submitted for approval by the Division.

4VAC25-140-980. Objective in revegetation. (Repealed.)

The objective in revegetation of surface mined land is to control erosion, sedimentation of streams, and to stabilize the area as quickly as possible after it has been disturbed. This is to be achieved with a permanent and protective type vegetative cover. Plant species that will provide a quick, permanent and protective cover will be given priority. All plants shall be considered from the standpoint of controlling erosion, reducing sediment loss, and stabilization as well as the end use in terms of forest products, wildlife habitat, agricultural benefits and protection of the environment.

Outslopes shall be seeded within 30 days after spoil placement and under no circumstances will the seeding be more than 900 feet from the site of active spoil placement. Bench areas shall be seeded within 30 days after grading and backfilling and under no circumstances will the seeding be more than 900 feet from the point of active coal removal. In cases where augering is used, the bench area will be seeded within 30 days after grading and backfilling and under no circumstances will the seeding be more than 900 feet from the point of active augering. Terrace seeding of outslope and valley fill operations will be started upon completion of sloping and compaction.

Tabulated seeding and/or planting reports shall be submitted to the Division of Mined Land Reclamation when the seeding or planting has been performed. The seeding date will be marked and dated at the site by the operator using visible weatherproof marking.

The mine operator has 60 days from time of seeding for obtaining satisfactory vegetation as determined by criteria of first inspection described in 4VAC25-140-1040.

The method used by the operator in obtaining an adequate cover of a particular vegetative mixture will be optional. The vegetative mixture used, however, must be one of those listed in the Coal Surface Mining Revegetation Guidelines, or a special revegetation mixture approved for the reclamation plan by the Division of Mined Land Reclamation. Seeding shall be waived during the non-seeding period of November 1 through February 15.

Each reclamation operation is to be preplanned by the mine operator or his representative. The Revegetation Plan is to be submitted with permit application. Assistance may be obtained from the reclamation inspector and other agency personnel as needed, e.g., VPI & SU Extension Division, Natural Resources Conservation Service, Virginia Department of Forestry, Department of Environmental Quality. The Coal Surface Mining Revegetation Guidelines (hereafter referred to as Guidelines) contain recommendations for establishment of vegetative cover.

4VAC25-140-990. Soil testing, liming and fertilization. (Repealed.)

Soil tests should be made when the grading operation is essentially completed but prior to seeding. Sampling spoil for testing shall be the responsibility of the mine operator. Results of soil tests are to be used to determine adequacy of soil pH and fertility for successful revegetation and as a basis for determining the amounts of lime and plant nutrients needed. For more information on soil testing, liming, and fertilization, see Guidelines.

4VAC25-140-1000. Trees and shrubs. (Repealed.)

Trees and/or woody shrubs shall be established on all outer spoils and along the outer edge of benches, except where natural trees can serve the same purpose. In the case of complete mountain top removal, the planting of trees on the bench shall be optional. Seedlings should be used for establishing commercial forest plantings and tree enterprises.

Standard specifications for tree and wildlife plantings shall require a 60% stocking per acre (600 live seedlings), include volunteer species, randomly distributed over the area. See 4VAC25-140-1040, Revegetation Stands for Bond Release.

For more information relating to tree plantings and plantings for wildlife, see Guidelines.

4VAC25-140-1010. Vegetation and stabilization of critical areas. (Repealed.)

Critical areas are those that may cause deposition of sediment in valleys and streams and/or are difficult to revegetate. More specifically, they are areas which fail to revegetate adequately within the 60-day period following seeding.

If the mine operator does not obtain a vegetative cover as determined by the first inspection (after first 60 days), the mine operator must follow the guidelines for revegetation of critical areas. If there is a question as to the suitability of establishment after method of transect measurement, then the Division of Mined Land Reclamation's Technical Advisory Committee may provide an evaluation team of at least three qualified persons to recommend a course of action.

For specific information on revegetation of critical areas, refer to the Guidelines.

4VAC25-140-1020. Grass and legume mixtures, and recommended practices for establishment. (Repealed.)

Grasses and legumes, with proper liming and fertilization are to be established on all disturbed areas. Several vegetative mixtures are satisfactory for sediment and erosion control and other uses including agriculture and habitat for wildlife.

Temporary seedlings of annual type grasses, legumes, and grains are to be used on areas which are subject to sediment loss and/or erosion for a year or less, or where extensive grading of an area will be done prior to establishment of permanent vegetation. Examples of such areas would be multiple seam mining, stockpiled topsoil and/or overburden (except toxic material), and other areas subject to being regraded, or for placement of overburden material.

Alternate mixtures and recommended practices for their establishment can be found in the Guidelines. The Guidelines also contain a section on acid tolerant species.

4VAC25-140-1030. Seed used in revegetation of disturbed land areas. (Repealed.)

An adequate rate per acre of viable seed must be sown to obtain acceptable vegetative cover. Seeding rates are based on purity and germination standards shown in the Guidelines. Other aspects of seed quality including germination, testing storage, etc., are discussed in the Guidelines.

The Division of Mined Land Reclamation may take samples of seed being sown on disturbed land areas to test for quality.

4VAC25-140-1040. Inspection for adequacy of vegetation and bond release. (Repealed.)

A minimum of three inspections, all passing requirement standards, will be necessary for bond release as described below. The first inspection shall be made 60 days after seeding. The second inspection shall occur in the fall or spring following seeding. The third inspection, which will be made for bond release, shall not be made before a minimum of two full growing seasons have elapsed. Seedings made on or before May 15 will be considered to have had a full growing season for that particular year. Therefore, the final inspection for bond release will occur after the second growing season. The bond release inspection for seedings made after May 15 will be made 24 months from time of seeding. The transect method of obtaining a randomly distributed sample and stand count is described in the Guidelines.

If a difference of opinion occurs between the reclamation inspector and mine operator relative to adequacy of vegetative cover for any of the three inspections, the Division may request that the Technical Advisory Committee provide a qualified three member team to make an evaluation and recommend a course of action to the Division of Mined Land Reclamation

Specific criteria for the first three inspections are listed below:

1. First Inspection - (Sixty days after seeding)

New stands of grasses, legumes, trees and wildlife species that are two to three inches in height and have either the following stand counts (a and/or b below) can normally yield a 75% ground cover after two full growing seasons.

a. Two plants per square foot of rhizomatous species such as crown vetch, black locust, bicolor lespedeza, etc., randomly distributed over area being inspected. (Except black locust-one or two per mil acre plot)

b. Five plants per square foot of non- rhizomatous species such as Kentucky 31 Fescue, orchardgrass, sericea lespedeza, ladino clover, etc., randomly distributed over area being inspected.

2. Second Inspection

This inspection will generally be made from September 1 through October 15 for spring seedings. For seedings made during late summer and fall (August 15 through October 31), the second inspection can be made during the spring season after grasses and legume species are clearly visible.

The criteria for this inspection will be the same as for the first inspection with the exception that plant height will be greater and/or growth is more vigorous.

3. Third Inspection

This inspection is to be made two full growing seasons or 24 months after seeding. Criteria for this inspection include the following:

a. A minimum of 75% percent randomly distributed perennial type ground covers present.

b. No areas larger than ¼ acre shall have inadequate vegetative cover. These areas must be treated as critical areas.

4VAC25-140-1050. Follow-up on revegetation. (Repealed.)

If upon the first inspection of the vegetative cover, the Division finds inadequate establishment of the species sown or planted, the operator will be given instructions for follow-up work.

4VAC25-140-1060. Modifications. (Repealed.)

The Division may make reasonable modifications to any drainage, reclamation, and operation plan required under Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and provisions of this chapter.

4VAC25-140-1070. Remedies. (Repealed.)

Any operation failing to comply with the requirements set forth in this part shall be subject to the full range of sanctions, administrative and judicial, prescribed by Chapter 17 (§ 45.1-198 et seq.) of Title 45.1 of the Code of Virginia and this chapter.

Part 11
Other Governmental Agencies and Laws

4VAC25-140-1080. Assistance from other agencies. (Repealed.)

Whenever the Director of the Division of Mined Land Reclamation deems it necessary or desirable, he may consult with, and seek the assistance of, local soil and water conservation districts, consulting agencies and any agencies of the State charged with environmental responsibilities.

4VAC25-140-1090. Compliance with other laws and regulations. (Repealed.)

Any permit issued hereunder shall not be construed to permit or condone violation of applicable laws and regulations of the Commonwealth and the Federal government, especially those related to air and water pollution.