VIRGINIA ADMINISTRATIVE CODE TITLE 4. CONSERVATION AND NATURAL RESOURCES AGENCY NO. 25. DEPARTMENT OF MINES, MINERALS AND ENERGY CHAPTER 130 . COAL SURFACE MINING RECLAMATION REGULATIONS (Current as of October 31, 2000) Subchapter VF. Areas Unsuitable for Mining Part 761 Areas Designated by Act of Congress Sec. 4 VAC 25-130-761.1. Scope. 4 VAC 25-130-761.3. Authority. 4 VAC 25-130-761.11. Areas where mining is prohibited or limited. 4 VAC 25-130-761.12. Procedures. 4 VAC 25-130-761.1. Scope. {{ 30 CFR 761.1 }} This Part establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be authorized in light of the prohibitions and limitations in Section 45.1-252 of the Act for those types of operations on certain Federal, public and private lands in the Commonwealth. 4 VAC 25-130-761.3. Authority. {{ 30 CFR 761.3 }} The Director is authorized by Section 45.1-252 of the Act to prohibit or limit surface coal mining operations on or near certain private, Federal, and other public lands, subject to valid existing rights and except for those operations which existed on August 3, 1977. 4 VAC 25-130-761.11. Areas where mining is prohibited or limited. {{ 30 CFR 761.11 }} Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment: (a) On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers Systems including, for study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 USC  1276(a)), a corridor extending at least one-quarter mile from each bank for the length of the segment being studied, and National Recreation Areas designated by Act of Congress; (b) On any Federal lands within the boundaries of any national forest; provided, however, that surface coal mining operations may be permitted on such lands, if the Secretary finds that there are no significant recreational, timber, economic, or other values which may be incompatible with surface coal mining operations; and surface operations and impacts are incident to an underground coal mine. ( c) On any lands where mining will adversely affect any publicly owned park or any place included in the National Register of Historic Places, unless approved jointly by the division and the Federal, State, or local agency with jurisdiction over the park or place; (d) Within 100 feet, measured horizontally, of the outside right-of-way line of any public road, except-- (1) Where mine access roads or haulage roads join such right-of-way line; or (2) Where the division or the appropriate public road authority, pursuant to being designated as the responsible agency by the Director, allows the public road to be relocated, closed, or the area affected to be within 100 feet of such road, after-- (i) Public notice and opportunity for a public hearing in accordance with 4 VAC 25-130- 761.12(d); and (ii) Making a written finding that the interests of the affected public and landowners will be protected; (e) Within 300 feet, measured horizontally, of any occupied dwelling, except when-- (1) The owner of the dwelling has provided a written waiver consenting to surface coal mining operations closer than 300 feet; or (2) The part of the mining operation which is within 300 feet of the dwelling is a haul road or access road which connects with an existing public road on the side of the public road opposite the dwelling; (f) Within 300 feet measured horizontally of any public building, school, church, community or institutional building or public park; or (g) Within 100 feet measured horizontally of a cemetery; (h) There will be no surface coal mining, permitting, licensing or exploration of Federal Lands in the National Park System, National Wildlife Refuge System, National System of Trails, National Wilderness Preservation System, Wild and Scenic Rivers System, or National Recreation Areas, unless called for by Acts of Congress. 4 VAC 25-130-761.12. Procedures. {{ 30 CFR 761.13 }} (a) Upon receipt of a complete application for a surface coal mining and reclamation operation permit, the division shall review the application to determine whether surface coal mining operations are limited or prohibited under 4 VAC 25-130-761.11 on the lands which would be disturbed by the proposed operations. (b)(1) Where the proposed operation would be located on any lands listed in 4 VAC 25-130-761.11(a), (f), or (g), the division shall reject the application if the applicant has no valid existing rights for the area, or if the operation did not exist on August 3, 1977. (2) If the division is unable to determine whether the proposed operation is located within the boundaries of any of the lands in 4 VAC 25-130-761.11(a) or closer than the limits provided in 4 VAC 25- 130-761.11(f) and (g), the division shall transmit a copy of the relevant portions of the permit application to the appropriate Federal, State, or local government agency for a determination or clarification of the relevant boundaries or distances, with a notice to the appropriate agency that it has 30 days from receipt of the request in which to respond. The National Park Service or the U.S. Fish and Wildlife Service shall be notified of any request for a determination of valid existing rights pertaining to areas within the boundaries of areas under their jurisdiction and shall have 30 days from receipt of the notification in which to respond. The division, upon written request by the appropriate agency, shall grant an extension to the 30-day period of an additional 30 days. If no response is received within the 30-day period or within the extended period granted, the division may make the necessary determination based on the information it has available. ( c) Where the proposed operation would include Federal lands within the boundaries of any national forest, and the applicant seeks a determination that mining is permissible under 30 CFR 761.11(b), the applicant shall submit a permit application to the Director of the OSM for processing under 30 CFR Subchapter D. Before acting on the permit application, the Director of the OSM shall ensure that the Secretary's determination has been received and the findings required by Section 522(e)(2) of the Federal Act have been made. (d) Where the mining operation is proposed to be conducted within 100 feet, measured horizontally, of the outside right-of-way line of any public road (except as provided in 4 VAC 25-130-761.11(d)(2)) or where the applicant proposes to relocate or close any public road, the division or public road authority designated by the Director shall-- (1) Require the applicant to obtain necessary approvals of the authority with jurisdiction over the public road; (2) Provide an opportunity for a public hearing in the locality of the proposed mining operation for the purpose of determining whether the interests of the public and affected landowners will be protected; (3) If a public hearing is requested in writing, provide advance notice of the public hearing, to be published in a newspaper of general circulation in the affected locale at least 2 weeks prior to the hearing; and (4) Make a written finding based upon information received at the public hearing within 30 days after completion of the hearing, or after any public comment period ends if no hearing is held, as to whether the interests of the public and affected landowners will be protected from the proposed mining operation. No mining shall be allowed within 100 feet of the outside right-of-way line of a road, nor may a road be relocated or closed, unless the division or public road authority determines that the interests of the public and affected landowners will be protected. (e)(1) Where the proposed surface coal mining operations would be conducted within 300 feet, measured horizontally, of any occupied dwelling, the permit applicant shall submit with the application a written waiver by lease, deed, or other conveyance from the owner of the dwelling, clarifying that the owner and signator had the legal right to deny mining and knowingly waived that right. The waiver shall act as consent to such operations within a closer distance of the dwelling as specified. (2) Where the applicant for a permit after August 3, 1977, had obtained a valid waiver prior to August 3, 1977, from the owner of an occupied dwelling to mine within 300 feet of such dwelling, a new waiver shall not be required. (3)(i) Where the applicant for a permit after August 3, 1977, had obtained a valid waiver from the owner of an occupied dwelling, that waiver shall remain effective against all persons acquiring any interest in the dwelling, whether by purchase, gift, as a creditor, or in any other way, who had actual or constructive knowledge of the existing waiver at the time of acquisition of the interest. (ii) All persons acquiring any interest, whether by purchase, gift, as a creditor or in any other way, in a dwelling, after a valid waiver has been obtained under this Paragraph (e), shall be considered to have constructive knowledge of the waiver if the waiver has been properly recorded in the Clerk's Office of the Circuit Court of the county or city in which the dwelling is located, or if the mining has proceeded to within the 300-foot limit prior to the date of acquisition. (f)(1) Where the division determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place included in the National Register of Historic Places, the division shall transmit to the Federal, State, or local agency with jurisdiction over the publicly owned park or publicly owned National Register place a copy of applicable parts of the permit application, together with a request for that agency's approval or disapproval of the operation, and a notice to that agency that it has 30 days from receipt of the request within which to respond and that failure to interpose a timely objection will constitute approval. The division, upon written request by the appropriate agency, may grant an extension to the 30-day period of an additional 30 days. Failure to interpose an objection within 30 days or the extended period granted shall constitute an approval of the proposed permit application. (2) A permit for the operation shall not be issued unless jointly approved by all affected agencies; (g) If the division determines that the proposed surface coal mining operation is not prohibited under Section 45.1-252 of the Act and this Part, the Director may nevertheless, pursuant to appropriate petitions, designate such lands as unsuitable for all or certain types of surface coal mining operations pursuant to Part 762 or 764. (h) A determination by the division that a person holds or does not hold valid existing rights or that surface coal mining operations did or did not exist on the date of enactment shall be subject to administrative and judicial review under 4 VAC 25-130-775.11 and 4 VAC 25-130-775.13. VIRGINIA ADMINISTRATIVE CODE TITLE 4. CONSERVATION AND NATURAL RESOURCES AGENCY NO. 25. DEPARTMENT OF MINES, MINERALS AND ENERGY CHAPTER 130 . COAL SURFACE MINING RECLAMATION REGULATIONS (Current as of October 31, 2000) Subchapter VF. Areas Unsuitable for Mining Part 762 Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations Sec. 4 VAC 25-130-762.1. Scope and responsibility. 4 VAC 25-130-762.11. Criteria for designating lands as unsuitable. 4 VAC 25-130-762.13. Land exempt from designation as unsuitable for surface coal mining operations. 4 VAC 25-130-762.14. Exploration on land designated as unsuitable for surface coal mining operations. 4 VAC 25-130-762.1. Scope and responsibility. {{ 30 CFR 762.1 & 762.4 }} This Part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations. The Director and the division shall use the criteria in this Part for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations. 4 VAC 25-130-762.11. Criteria for designating lands as unsuitable. {{ 30 CFR 762.11 }} (a) Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Director determines that reclamation is not technologically and economically feasible under the Act and this chapter. (b) Upon petition, an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will: (1) Be incompatible with existing Federal, State or local land use plans or programs; (2) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems; (3) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or (4) Affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. 4 VAC 25-130-762.13. Land exempt from designation as unsuitable for surface coal mining operations. {{ 30 CFR 762.13 }} The requirements of this Part do not apply to: (a) Lands on which surface coal mining operations were being conducted on August 3, 1977; (b) Lands covered by a permit issued under the Act; or ( c) Lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977. 4 VAC 25-130-762.14. Exploration on land designated as unsuitable for surface coal mining operations. {{ 30 CFR 762.15 }} Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to Section 45.1-252 of the Act and this Subchapter does not prohibit coal exploration operations in the area, if conducted in accordance with the Act, this chapter, and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the division under Part 772 to ensure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining operations. VIRGINIA ADMINISTRATIVE CODE TITLE 4. CONSERVATION AND NATURAL RESOURCES AGENCY NO. 25. DEPARTMENT OF MINES, MINERALS AND ENERGY CHAPTER 130 . COAL SURFACE MINING RECLAMATION REGULATIONS (Current as of October 31, 2000) Subchapter VF. Areas Unsuitable for Mining Part 764 Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations Sec. 4 VAC 25-130-764.11. General process requirements. 4 VAC 25-130-764.13. Petitions. 4 VAC 25-130-764.15. Initial processing, recordkeeping, and notification requirements. 4 VAC 25-130-764.17. Hearing requirements. 4 VAC 25-130-764.19. Decision. 4 VAC 25-130-764.21. Data base and inventory system requirements. 4 VAC 25-130-764.23. Public information. 4 VAC 25-130-764.25. Responsibility for implementation. 4 VAC 25-130-764.11. General process requirements. {{ 30 CFR 864.11 }} The Director's decisions concerning unsuitability petitions shall be based upon competent, scientifically sound data and relevant information and shall include the processes and requirements of this Part. 4 VAC 25-130-764.13. Petitions. {{ 30 CFR 764.13 }} (a) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the Director to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this action, a person having an interest which is or may be adversely affected must demonstrate how he meets an "injury in fact" test by describing the injury to his specific affected interests and demonstrate how he is among the injured. (b) Designation. A complete petition for designation shall include: (1) The petitioner's name, address, telephone number, and notarized signature; (2) A statement of whether the petitioner is an individual, an association, sole proprietorship, partnership, corporation, or other entity. If the petitioner is an entity other than an individual, the petition shall contain the names and addresses of the principals, officers, and the resident agent of the petitioner; (3) Identification of the petitioned area, including its location and size, and a U.S. Geological Survey topographic map clearly outlining the perimeter of the petitioned area; (4) An identification of the petitioner's interest which is or may be adversely affected by surface coal mining operations, including a statement demonstrating how the petitioner satisfies the requirements of Paragraph (a) of this section; (5) The owners and lessees, if known, of the surface and mineral property of the area covered by the petition; (6) A description of how mining of the area has affected or may adversely affect people, land, air, water, or other resources, including the petitioner's interests; and (7) Allegations of fact and supporting evidence, covering all lands in the petition area, which tend to establish that the area is unsuitable for surface coal mining operations, pursuant to specific criteria of Subsections of Section 45.1-252 of the Act, assuming that contemporary mining practices required under the Act would be followed if the area were to be mined. Each of the allegations of fact should be specific as to the mining operation, if known, and the portion(s) of the petitioned area and petitioner's interests to which the allegation applies and be supported by evidence that tends to establish the validity of the allegations for the mining operation or portion of the petitioned areas. (8) The Director or the division may request that the petitioner provide other supplementary information which is readily available. ( c) Termination. A complete petition for termination shall include-- (1) The petitioner's name, address, telephone number, and notarized signature; (2) Statement of whether the petitioner is an individual, an association, sole proprietorship, corporation, or other entity. If the petitioner is an entity other than an individual, the petition shall contain the names and addresses of the principals, officers, directors, and resident agent of the petitioner; (3) Identification of the petitioned area, including its location and size and a U.S. Geological Survey topographic map clearly outlining the perimeter of the petitioned area to which the termination petition applies; (4) An identification of the petitioner's interest which is or may be adversely affected by the designation that the area is unsuitable for surface coal mining operations including a statement demonstrating how the petitioner satisfies the requirements of Paragraph (a) of this section; (5) The owners and lessees, if known, of the surface and mineral property of the area covered by the petition; (6) Allegations of fact covering all lands for which the termination is proposed. Each of the allegations of fact shall be specific as to the mining operation, if any, and to portions of the petitioned area and the petitioner's interests to which the allegation applies. The allegations shall be supported by evidence, not contained in the record of the designation proceeding, that tends to establish the validity of the allegations for the mining operation or portion of the petitioned area, assuming that contemporary mining practices required under the Act would be followed were the area to be mined. For areas previously and unsuccessfully proposed for termination, significant new allegations of facts and supporting evidence must be presented in the petition. Allegations and supporting evidence should also be specific to the basis for which the designation was made and tend to establish that the designation should be terminated on the following bases: (i) Nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in 4 VAC 25-130-762.11(b); (ii) Reclamation now being technologically and economically feasible if the designation was based on the criteria found in 4 VAC 25-130-762.11(a); or (iii) Resources or conditions not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with surface coal mining operations during and after mining, if the designation was based on criteria found in 4 VAC 25-130-762.11(b). (7) The Director or the division may request that the petitioner provide other supplementary information which is readily available. 4 VAC 25-130-764.15. Initial processing, recordkeeping, and notification requirements. {{ 30 CFR 764.15 }} (a)(1) Within 60 days of receipt of a petition, the division shall notify the petitioner by certified mail whether the petition is complete under 4 VAC 25-130-764.13(b) or ( c). Complete, for a designation or termination petition, means that the information required under 4 VAC 25-130-764.13(b) or ( c) has been provided. (2) The division shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the division finds there are not any identified coal resources in that area, the Director shall return the petition to the petitioner with a statement of the findings. (3) If the Director determines that the petition is incomplete, frivolous, or that the petitioner does not meet the requirements of 4 VAC 25-130-764.13(a), he shall return the petition to the petitioner with a written statement of the reasons for the determination and the categories of information needed to make the petition complete. A frivolous petition is one in which the allegations of harm lack serious merit. (4) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the division shall determine if the new petition presents significant new allegations of facts with evidence which tends to establish the allegations. If the petition does not contain such material, the Director may choose not to consider the petition and may return the petition to the petitioner, with a statement of his findings and a reference to the record of the previous designation proceedings where the facts were considered. (5) The Director shall notify the person who submits a petition of any application for a permit received which includes any area covered by the petition. (6) The Director may determine not to process any petition received insofar as it pertains to lands for which an administratively complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, the division may issue a decision on a complete and accurate permit application and the Director shall inform the petitioner why he cannot consider the part of the petition pertaining to the proposed permit area. (b)(1) Promptly after a petition is received, the Director shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area and in the Virginia Register of Regulations. The Director shall make copies of the petition available to the public and shall provide copies of the petition to other interested governmental agencies, intervenors, persons with an ownership interest of record in the property, and other persons known to the Director to have an interest in the property. Notice to the person with an ownership interest of record in the property shall be by certified mail. (2) Promptly after the determination that a petition is complete, the Director shall request submissions from the general public of relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area, and in the Virginia Register of Regulations. ( c) Until three days before the Director holds a hearing under 4 VAC 25-130-764.17, any person may intervene in the proceeding by filing allegations of facts describing how the designation determination directly affects the intervenor, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number. (d) Beginning from the date a petition is filed, the Director shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Director. The Director shall make the record available to the public for inspection, free of charge, and for copying at reasonable cost during all normal hours at the Director's Richmond office and the Division's Big Stone Gap office. The division shall also maintain information at a public office or public building in the area in which the petitioned area is located and make this information available to the public for inspection free of charge and for copying at reasonable cost during all normal business hours. At a minimum, this information shall include a copy of the petition. 4 VAC 25-130-764.17. Hearing requirements. {{ 30 CFR 764.17 }} (a) Within 3 months, but no later than 10 months, following the receipt of a complete petition, the Director shall hold a public hearing in the locality of the area covered by the petition. In cases where a petition is filed prior to the first newspaper notice publication, required by 4 VAC 25-130-773.13(a)(1) pursuant to an administratively complete permit application, the Director shall conduct a hearing within 3 months, unless it is determined that due to the complexity of the issues additional time is necessary to prepare for the hearing, in which case, the time limit may be extended to the maximum of 10 months. If all petitioners and intervenors agree, the hearing need not be held. The hearing shall be fact finding in nature. The Hearing Officer is empowered to administer oaths and may at his discretion allow rebuttal of witnesses and cross- examination and rebuttal of expert witnesses. Parties to the hearing may subpoena witnesses as necessary. The Hearing Officer shall make a verbatim record of the hearing which shall be preserved according to State law. No person shall bear the burden of proof or persuasion. The Hearing Officer shall send a copy of the record, any exhibits, and his recommended findings and decision to the Director and to each party to the proceeding. Parties to the proceeding may file exceptions to the recommended findings and decision to the Director. In addition to the Hearing Officer decision and recommendation all relevant parts of the data base and public comments received during the comment period and the complete administrative record shall be forwarded to the Director by the division, to be included in the Director's decision on the petition. (b)(1) The Director shall give notice of the date, time, and location of the hearing to: (i) Local, State, and Federal agencies which may have an interest in the decision on the petition; (ii) The petitioner and the intervenors; and (iii) Any person known by the Director to have a property interest in the petitioned area. (2) Notice of the hearing shall be sent by certified mail to petitioners and intervenors, and by regular mail to government agencies and property owners involved in the proceeding, and postmarked not less than 30 days before the scheduled date of the hearing. ( c) The Director shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for two consecutive weeks in the locale of the area covered by the petition and once during the week prior to the public hearing. The consecutive weekly advertisement must begin between 4 and 5 weeks before the scheduled date of the public hearing. (d) The Director may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale. (e) Prior to designating any land areas as unsuitable for surface coal mining operations, the Director shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal. (f) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration. 4 VAC 25-130-764.19. Decision. {{ 30 CFR 764.19 }} (a) In reaching his decision, the Director shall use: (1) The information contained in the data base and inventory system as required by 4 VAC 25- 130-764.21; (2) Information provided by other governmental agencies; (3) The detailed statement when it is prepared under 4 VAC 25-130-764.17(e); and (4) Any other relevant information submitted during the comment period. (b) A final written decision shall be issued by the Director, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The Director shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons involved in the proceeding. ( c) The decision of the Director with respect to a petition, or the failure of the Director to act within the time limits set forth in this section, shall be subject to judicial review by a court of competent jurisdiction in accordance with Section 45.1-251 of the Act and 4 VAC 25-130-775.13. All relevant portions of the data base, inventory system, and public comments received during the public comment period set by the Director shall be considered and included in the record of the administrative proceeding. 4 VAC 25-130-764.21. Data base and inventory system requirements. {{ 30 CFR 764.21 }} (a) The Department shall develop and maintain a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions. (b) The Department shall include in the system information relevant to the criteria in 4 VAC 25-130- 762.11, including, but not limited to, information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the Department of Environmental Quality which administers Section 127 of the Clean Air Act, as amended (42 USC  7420 et seq.). ( c) The Department shall add to the data base and inventory system information: (1) On potential coal resources of the Commonwealth, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the Director to prepare the statements required by 4 VAC 25-130-764.17(e); and (2) That becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources. 4 VAC 25-130-764.23. Public information. {{ 30 CFR 764.23 }} The Director shall: (a) Make the information in the data base and inventory system developed under 4 VAC 25-130-764.21 available to the public for inspection free of charge and for copying at reasonable cost, except that specific information relating to location of properties proposed to be nominated to, or listed in, the National Register of Historic Places need not be disclosed if the Director determines that the disclosure of such information would create a risk of destruction or harm to such properties; (b) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used. 4 VAC 25-130-764.25. Responsibility for implementation. {{ 30 CFR 764.25 }} (a) The division shall not issue permits which are inconsistent with designations made pursuant to Part 761, 762, or 764. (b) The Department shall maintain a map or other unified and cumulative record of areas designated unsuitable for all or certain types of surface coal mining operations. ( c) The division shall make available to any person any information within its control regarding designations, including mineral or elemental content which is potentially toxic in the environment but excepting proprietary information on the chemical and physical properties of the coal.