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 VG. Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Part 772 Requirements for Coal Exploration Sec. 4 VAC 25-130-772.1. Scope and purpose. 4 VAC 25-130-772.11. Notice requirements for exploration removing 250 tons of coal or less. 4 VAC 25-130-772.12. Permit requirements for exploration removing more than 250 tons of coal, or occurring on lands designated as unsuitable for surface coal mining operations. 4 VAC 25-130-772.13. Coal exploration compliance duties. 4 VAC 25-130-772.14. Commercial use or sale. 4 VAC 25-130-772.15. Public availability of information. 4 VAC 25-130-772.1. Scope and purpose. {{ 30 CFR 772.1 }} This Part establishes the requirements and procedures applicable to coal exploration operations on all lands except for Federal lands subject to the requirements of 43 CFR Parts 3480-3487. 4 VAC 25-130-772.11. Notice requirements for exploration removing 250 tons of coal or less. {{ 30 CFR 772.11 }} (a) Any person who intends to conduct coal exploration operations outside a permit area during which 250 tons or less of coal will be removed shall, before conducting the exploration, file with the division a written notice of intention to explore. Exploration which will take place on lands designated as unsuitable for surface coal mining operations under Subchapter VF, shall be subject to the permitting requirements under 4 VAC 25-130-772.12. Exploration conducted under a notice of intent shall be subject to the requirements prescribed under 4 VAC 25-130-772.13. (b) The notice shall include- (1) The name, address, and telephone number of the person seeking to explore; (2) The name, address, and telephone number of the person's representative who will be present at, and responsible for, conducting the exploration activities; (3) A narrative describing the proposed exploration area and map, at a scale of 1:24,000 or larger, showing the proposed area of exploration and the general location of drillholes and trenches, existing and proposed roads, occupied dwellings, topographic features, bodies of surface water, and pipelines. (4) A statement of the period of intended exploration; and (5) A description of the method of exploration to be used and the practices that will be followed to protect the environment from adverse impacts of coal exploration and to reclaim the area of the exploration activities. (6) Any person who conducts coal exploration activities pursuant to this section which substantially disturb the natural land surface shall comply with Part 815. 4 VAC 25-130-772.12. Permit requirements for exploration removing more than 250 tons of coal, or occurring on lands designated as unsuitable for surface coal mining operations. {{ 30 CFR 772.12 } (a) Exploration permit. Any person who intends to conduct coal exploration outside a permit area during which more than 250 tons of coal will be removed or which will take place on lands designated as unsuitable for surface mining under Subchapter VF shall, before conducting the exploration, submit an application and obtain written approval from the division in an exploration permit. Such exploration shall be subject to the requirements prescribed under 4 VAC 25-130-772.13 and 4 VAC 25-130-772.14. (b) Application Information. Each application for an exploration permit shall contain, at a minimum, the following information: (1) The name, address, and telephone number of the applicant. (2) The name, address, and telephone number of the applicant's representative who will be present at, and responsible for conducting the exploration activities. (3) A narrative describing the proposed exploration area. (4) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation. (5) An estimated timetable for conducting and completing each phase of the exploration and reclamation. (6) The estimated amount of coal to be removed and a description of the methods to be used to determine the amount. (7) A statement of why extraction of more than 250 tons of coal is necessary for exploration. (8) A description of- (i) Cultural or historic resources listed in the National Register of Historic Places; (ii) Cultural or historic resources known to be eligible for listing on the National Register for Historic Places; and (iii) Known archeological resources located within the proposed exploration area. (9) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 USC  1531 et seq.) identified within the proposed exploration area. (10) A description of the measures to be used to comply with the applicable requirements of Part 815. (11) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored. (12) A map or maps at a scale of 1:24,000 or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste-material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 USC  1531 et seq.) (13) If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation. ( c) Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall be provided as follows: (1) Upon submission of an administratively complete application to the division, the applicant shall place an advertisement in a newspaper of general circulation in the locality of the proposed exploration area. A copy of the newspaper advertisement and proof of publication shall be filed with the division no later than four weeks after the date of publication. (2) The public notice shall state the name and address of the person seeking approval, the filing date of the application, that the application will be available for public inspection in the division's office in Big Stone Gap, the address of the division where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration. (3) Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within 30 days after the date of publication of the newspaper notice. (d) Decisions on applications for exploration. (1) The division shall act upon an administratively complete application for a coal exploration permit and any written comments within a reasonable period of time. The approval of a coal exploration permit may be based only on a complete and accurate application. (2) The division shall approve a complete and accurate application for a coal exploration permit filed in accordance with this Part if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application will: (i) Be conducted in accordance with this Part, Part 815 of this chapter, and the applicable provisions of the program; (ii) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 USC  1533) or result in the destruction or adverse modification of critical habitat of those species; and (iii) Not adversely affect any cultural or historic resources listed on the National Register of Historic Places, pursuant to the National Historic Preservation Act, as amended (16 USC  470 et seq., 1976, Supp. V), unless the proposed exploration has been approved by both the division and the agency with jurisdiction over such matters. (3) Terms of approval issued by the division shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this Part, Part 815, and the Act. (e) Notice and hearing. (1) The division shall notify the applicant, the appropriate local governmental officials, and other commenters on the application, in writing, of its decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the division at the Court House in the county of the proposed exploration operations. (2) Any person having an interest which is or may be adversely affected by a decision of the division pursuant to Paragraph (e)(1) of this section shall have the opportunity for administrative and judicial review as set forth in Part 775. 4 VAC 25-130-772.13. Coal exploration compliance duties. {{ 30 CFR 772.13 }} (a) All coal exploration and reclamation activities that substantially disturb the natural land surface shall be conducted in accordance with the coal exploration requirements of this Part, Part 815, the regulatory program, and any exploration permit term or condition imposed by the division. (b) Any person who conducts any coal exploration in violation of the provisions of this Part, Part 815, the regulatory program, or any exploration permit term or condition imposed by the division shall be subject to the provisions of Subchapter VL. 4 VAC 25-130-772.14. Commercial use or sale. {{ 30 CFR 772.14 }} (a) Except as provided under 4 VAC 25-130-772.14(b), any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit, shall first obtain a permit to conduct surface coal mining operations for those operations from the division under Parts 773 through 785. (b) With the prior written approval of the division, no permit to conduct surface coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the division. The application shall demonstrate that the coal testing is necessary for the development of a surface coal mining and reclamation operation for which a surface coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following: (1) The name of the testing firm and the locations at which the coal will be tested. (2) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include: (i) The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing; (ii) the amount of coal necessary for the test and why a lesser amount is not sufficient; and (iii) a description of the specific tests that will be conducted. (3) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve. (4) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation. 4 VAC 25-130-772.15. Public availability of information. {{ 30 CFR 772.15 }} (a) Except as provided in Paragraph (b) of this section, all information submitted to the Division under this Part shall be made available for public inspection and copying at the division office. (b) The Division shall keep information confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the persons intending to conduct coal exploration. ( c) Information requested to be held as confidential under Paragraph (b) of this section shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information. 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 VG. Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Part 773 Requirements for Permits and Permit Processing Sec. 4 VAC 25-130-773.1. Scope and purpose. 4 VAC 25-130-773.11. Requirements to obtain permits. 4 VAC 25-130-773.12. Regulatory coordination with other agencies. 4 VAC 25-130-773.13. Public participation in permit processing. 4 VAC 25-130-773.15. Review of permit applications. 4 VAC 25-130-773.16. Criteria for permit approval or denial; existing structures. 4 VAC 25-130-773.17. Permit conditions. 4 VAC 25-130-773.19. Permit issuance and right of renewal. 4 VAC 25-130-773.20. Improvidently issued permits; general procedures. 4 VAC 25-130-773.21. Improvidently issued permits; rescission procedures. 4 VAC 25-130-773.1. Scope and purpose. {{ 30 CFR 773.1 }} This Part provides minimum requirements for permits and permit processing and covers obtaining and reviewing permits; coordinating with other laws; public participation; permit decision and notification; permit conditions; and permit term and right of renewal. 4 VAC 25-130-773.11. Requirements to obtain permits. {{ 30 CFR 773.11 }} (a) All operations. No person shall engage in or carry out any surface coal mining operations, unless such person has first obtained a permit issued by the division, except as provided for in Paragraph (b) of this section. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended. (b) Continued operations under Federal program permits. (1) A permit issued by the Director of the OSM pursuant to a Federal program for the Commonwealth shall be valid under any superseding State program approved by the Secretary. (2) The Federal permittee shall have the right to apply to the division for a State permit to supersede the Federal permit. (3) The division may review a permit issued pursuant to the superseded Federal program to determine that the requirements of the Act and the approved State program are not violated by the Federal permit, and to the extent that the approved State program contains additional requirements not contained in the Federal program for the State, the division shall-- (i) Promptly issue an order requiring the permittee to comply with such additional requirements within 60 days of the issuance of the order, unless the permittee demonstrates to the division that it is physically impossible to meet those additional requirements within 60 days, or unless the division agrees to a longer period under an established time schedule; (ii) Notify the permittee, in writing, of the right to a hearing with respect to the order. A request for hearing must be filed in writing with the division within 30 days of issuance of the order; and (iii) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the State program. 4 VAC 25-130-773.12. Regulatory coordination with other agencies. {{ 30 CFR 773.12 }} To avoid duplication, the division shall provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of the Endangered Species Act of 1973, as amended, (16 USC  1531 et seq.); the Fish and Wildlife Coordination Act, as amended, (16 USC  661 et seq.); the Migratory Bird Treaty Act of 1918, as amended, (16 USC  703 et seq.); the National Historic Preservation Act of 1966, as amended (16 USC  470 et seq.); the Bald Eagle Protection Act, as amended (16 USC  668a); and Executive Order 11593. 4 VAC 25-130-773.13. Public participation in permit processing. {{ 30 CFR 773.6 }} (a) Filing and public notice. (1) Upon submission of an administratively complete application, an applicant for a permit, significant revision of a permit under 4 VAC 25-130-774.13, or renewal of a permit under 4 VAC 25-130- 774.15, shall place an advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least once a week for four consecutive weeks. A copy of the advertisement as it will appear in the newspaper shall be submitted to the division. The advertisement shall contain, at a minimum, the following: (i) The name and business address of the applicant. (ii) A map or description which clearly shows or describes the precise location and boundaries of the proposed permit area and is sufficient to enable local residents to readily identify the proposed permit area. It may include towns, bodies of water, local landmarks, and any other information which would identify the location. The name of the U.S. Geological Survey 7.5 minute quadrangle map(s) which contains the area shown or described shall be stated; and if a map is used, it shall indicate the north direction. (iii) The location where a copy of the application is available for public inspection. (iv) The name and address of the division office where written comments, objections, or requests for informal conferences on the application may be submitted under Paragraphs (b) and ( c) of this section. (v) If an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate or close a public road, except where public notice and hearing have previously been provided for this particular part of the road in accordance with 4 VAC 25-130-761.12(d); a concise statement describing the public road, the particular part to be relocated or closed, and the approximate timing and duration of the relocation or closing. (vi) If the application includes a request for an experimental practice under 4 VAC 25-130- 785.13, a statement indicating that an experimental practice is requested and identifying the regulatory provisions for which a variance is requested. (2) The applicant shall make an application for a permit, significant revision under 4 VAC 25-130- 774.13, or renewal of a permit under 4 VAC 25-130-774.15, available for the public to inspect and copy by filing a full copy of the application with the Clerk of the Circuit Court of the city or county where the mining is proposed to occur, or an accessible public office approved by the division. This copy of the application need not include confidential information exempt from disclosure under Paragraph (d) of this section. The application required by this Paragraph shall be filed by the first date of newspaper advertisement of the application. The applicant shall file any changes to the application with the public office at the same time the change is submitted to the division. (3) Upon receipt of an administratively complete application for a permit, a significant revision to a permit under 4 VAC 25-130-774.13, or a renewal of a permit under 4 VAC 25-130-774.15, the division shall issue written notification indicating the applicant's intention to mine the described tract of land, the application number or other identifier, the location where the copy of the application may be inspected, and the location where comments on the application may be submitted. The notification shall be sent to-- (i) Local governmental agencies with jurisdiction over or an interest in the area of the proposed surface coal mining and reclamation operation, including but not limited to planning agencies, sewage and water treatment authorities, water companies; and (ii) All Federal or State governmental agencies with authority to issue permits and licenses applicable to the proposed surface coal mining and reclamation operation and which are part of the permit coordinating process developed in accordance with 4 VAC 25-130-773.12; or those agencies with an interest in the proposed operation, including the U.S. Department of Agriculture, Natural Resources Conservation Service district office, the local U.S. Army Corps of Engineers district engineer, the National Park Service, State and Federal fish and wildlife agencies, and the historic preservation officer. (b) Comments and objections on permit application. (1) Within 30 days after notification, written comments or objections on an application for a permit, significant revision to a permit under 4 VAC 25-130-774.13, or renewal of a permit under 4 VAC 25-130- 774.15, may be submitted to the division by public entities notified under Paragraph (a)(3) of this section with respect to the effects of the proposed mining operations on the environment within their areas of responsibility. (2) Written objections to an application for a permit, significant revision to a permit under 4 VAC 25-130-774.13, or renewal of a permit under 4 VAC 25-130-774.15, may be submitted to the division by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any Federal, State, or local government agency or authority, within 30 days after the last publication of the newspaper notice required by Paragraph (a) of this section. (3) The division shall upon receipt of such written comments or objections-- (i) Transmit a copy of the comments or objections to the applicant; and (ii) File a copy for public inspection at the same public office where the application is filed. ( c) Informal conferences. (1) Any person having an interest which is or may be adversely affected by the decision on the application, or an officer or a head of a Federal, State, or local government agency, may request in writing that the division hold an informal conference on the application for a permit, significant revision to a permit under 4 VAC 25-130-774.13, or renewal of a permit under 4 VAC 25-130-774.15. The request shall-- (i) Briefly summarize the issues to be raised by the requestor at the conference; (ii) State whether the requestor desires to have the conference conducted in the locality of the proposed operation; and (iii) Be filed with the division no later than 30 days after the last publication of the newspaper advertisement required under Paragraph (a) of this section. (2) Except as provided in Paragraph ( c)(3) of this section, if an informal conference is requested in accordance with Paragraph ( c)(1) of this section, the division shall hold an informal conference within a reasonable time following the receipt of the request. The informal conference shall be conducted as follows: (i) If requested under Paragraph ( c)(1)(ii) of this section, it shall be held in the locality of the proposed surface coal mining and reclamation operation. (ii) The date, time, and location of the informal conference shall be sent to the applicant and other parties to the conference and advertised by the division in a newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least 2 weeks before the scheduled conference. (iii) If requested in writing by a conference requestor at a reasonable time before the conference, the division may arrange with the applicant to grant parties to the conference access to the proposed permit area and, to the extent that the applicant has the right to grant access to it, to the adjacent area prior to the date of the conference for the purpose of gathering information relevant to the conference. (iv) The conference shall be conducted by a representative of the division, who may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference, unless waived by all the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's performance bond or other equivalent guarantee pursuant to Subchapter VJ. (3) If all parties requesting the informal conference withdraw their request before the conference is held, the informal conference may be canceled. (4) Informal conferences held in accordance with this section may be used by the division as the public hearing required under 4 VAC 25-130-761.12(d) on proposed relocation or closing of public roads. (d) Public availability of permit applications. (1) General availability. Except as provided in Paragraphs (d)(2) or (d)(3) of this section, all applications for permits; revisions; renewals; and transfers, assignments or sales of permit rights on file with the Division shall be available, at reasonable times, for public inspection and copying. (2) Limited availability. Except as provided in Paragraph (d)(3)(i) of this section, information pertaining to coal seams, test borings, core samplings, or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected. Information subject to this Paragraph shall be made available to the public when such information is required to be on public file pursuant to State law. (3) Confidentiality. The division shall provide procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to ensure confidentiality of qualified confidential information, which shall be clearly identified by the applicant and submitted separately from the remainder of the application. Confidential information is limited to-- (i) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of such coal which are potentially toxic in the environment; (ii) Information required under Section 45.1-236 of the Act that is not on public file pursuant to State law and that the applicant has requested in writing to be held confidential; (iii) Information on the nature and location of archeological resources on public land and Indian land as required under the Archeological Resources Protection Act of 1979 (Pub. L. 96-95, 93 Stat. 721, 16 USC  470). 4 VAC 25-130-773.15. Review of permit applications. {{ 30 CFR 773.15 }} (a) General. (1) The division shall review the application for a permit, revision, or renewal; written comments and objections submitted; and records of any informal conference or hearing held on the application and issue a written decision, within a reasonable time, either granting, requiring modification of, or denying the application. If an informal conference is held under 4 VAC 25-130-773.13( c), the decision shall be made within 60 days of the close of the conference, unless a later time is necessary to provide an opportunity for a hearing under subdivision (b)(2) of this section. (2) The applicant for a permit or revision of a permit shall have the burden of establishing that the application is in compliance with all the requirements of the regulatory program. (b) Review of violations. (1) Based on available information concerning federal and state failure-to-abate cessation orders, unabated federal and state imminent harm cessation orders, delinquent civil penalties issued pursuant to  518 of the federal Act and  45.1-246 of the Code of Virginia, bond forfeitures where violations upon which the forfeitures were based have not been corrected, delinquent abandoned mine reclamation fees, and unabated violations of federal and state laws, rules, and regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, the division shall not issue the permit if any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant is currently in violation of the federal Act, this chapter, or any other law, rule or regulation referred to in this subdivision. In the absence of a failure- to-abate cessation order, the division may presume that a notice of violation issued pursuant to 4 VAC 25- 130-843.12 or under a federal or state program has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties. If a current violation exists, the division shall require the applicant or person who owns or controls the applicant, before the issuance of the permit, to either (i) Submit to the division proof that the current violation has been or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation; or (ii) Establish for the division that the applicant, or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of the current violation. If the initial judicial review authority under 4 VAC 25-130-775.13 affirms the violation, then the applicant shall within 30 days of the judicial action submit the proof required under subdivision (b)(1)(i) of this section. (2) Any permit that is issued on the basis of proof submitted under subdivision (b)(1)(i) of this section that a violation is in the process of being corrected, or pending the outcome of an appeal described in subdivision (b)(1)(ii) of this section, shall be conditionally issued. (3) If the division makes a finding that the applicant, anyone who owns or controls the applicant, or the operator specified in the application, controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations of the Act of such nature and duration, and with resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, no permit shall be issued. Before such a finding becomes final, the applicant or operator shall be afforded an opportunity for an adjudicatory hearing on the determination as provided for in 4 VAC 25-130-775.11. (4) (i) Subsequent to October 24, 1992, the prohibitions of subsection (b) of this section regarding the issuance of a new permit shall not apply to any violation that: (A) Occurs after that date; (B) Is unabated; and ( C) Results from an unanticipated event or condition that arises from a surface coal mining and reclamation operation on lands that are eligible for remining under a permit: 1. Issued before September 30, 2004, or any renewals thereof; and 2. Held by the person making application for the new permit. (ii) For permits issued under 4 VAC 25-130-785.25 an event or condition shall be presumed to be unanticipated for the purposes of this subdivision if it: (A) Arose after permit issuance; (B) Was related to prior mining; and ( C) Was not identified in the permit. ( c) Written findings for permit application approval. No permit application or application for a significant revision of a permit shall be approved unless the application affirmatively demonstrates and the division finds, in writing, on the basis of information set forth in the application or from information otherwise available that is documented in the approval, the following: (1) The application is complete and accurate and the applicant has complied with all requirements of the Act and this chapter. (2) The applicant has demonstrated that reclamation as required by the Act and this chapter can be accomplished under the reclamation plan contained in the permit application. (3) The proposed permit area is: (i) Not within an area under study or administrative proceedings under a petition, filed pursuant to Part 764 of this chapter and 30 CFR Part 769, to have an area designated as unsuitable for surface coal mining operations, unless the applicant demonstrates that before January 4, 1977, he has made substantial legal and financial commitments in relation to the operation covered by the permit application; or (ii) Not within an area designated as unsuitable for mining pursuant to Parts 762 and 764 of this chapter, or subject to the prohibitions or limitations of 4 VAC 25-130-761.11 and 4 VAC 25-130- 761.12. (4) For mining operations where the private mineral property to be mined has been severed from the private surface property, the applicant has submitted to the division the documentation required under 4 VAC 25-130-778.15(b). (5) The division has made an assessment of the probable cumulative impacts of all anticipated coal mining on the hydrologic balance in the cumulative impact area and has determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. (6) The applicant has demonstrated that any existing structure will comply with 4 VAC 25-130- 701.11(d) and 4 VAC 25-130-773.16, and the applicable performance standards of the initial regulatory program or Subchapter VK. (7) The applicant has paid all reclamation fees, civil penalty assessments, Pool Bond Fund fees, and anniversary fees, from previous and existing operations as required by this chapter. (8) The applicant has satisfied the applicable requirements of Part 785 of this chapter. (9) The applicant has, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural postmining land use, in accordance with the requirements of 4 VAC 25-130- 816.111(d) or 4 VAC 25-130-817.111(d). (10) The operation would not affect the continued existence of endangered or threatened species or result in destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act of 1973 (16 USC  1531 et seq.). (11) The division has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a documented decision that the division has determined that no additional protection measures are necessary. (12) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of 4 VAC 25-130-816.106 or 4 VAC 25-130-817.106, the site of the operation is a previously mined area as defined in 4 VAC 25-130-700.5. (13) The applicant or the permittee specified in the application, has not owned or controlled a surface mining and reclamation operation for which the permit has been revoked and/or the bond forfeited pursuant to the Code of Virginia or any federal law, rule or regulation, or any law, rule or regulation enacted pursuant to federal or state law pertaining to air or water environmental protection and surface coal mining activities in any other state unless reinstated. Applicable Virginia reinstatement requirements may be found in 4 VAC 25-130-800.52. (14) For permits to be issued under 4 VAC 25-130-785.25 the permit application must contain: (i) Lands eligible for remining; (ii) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and (iii) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of this chapter can be accomplished. (d) Performance bond submittal. If the division decides to approve the application, it shall require that the applicant file the performance bond or provide other equivalent guarantee before the permit is issued, in accordance with the provisions of Subchapter VJ. (e) Final compliance review. After an application is approved, but before the permit is issued, the division shall reconsider its decision to approve the application, based on the compliance review required by subdivision (b)(1) of this section in light of any new information submitted under 4 VAC 25-130-778.13(j) or 4 VAC 25-130-778.14(d). 4 VAC 25-130-773.16. Criteria for permit approval or denial; existing structures. (a) No application for a permit or revision which proposes to use an existing structure in connection with or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant demonstrates and the division finds, in writing, on the basis of information set forth in the complete application that: (1) If the applicant proposes to use an existing structure in accordance with the exemption provided in 4 VAC 25-130-701.11(d)(1)(i): (i) The structure meets the performance standards of the Act and Subchapter VK; and (ii) No significant harm to the environment or public health or safety will result from use of the structure. (2)(i) If the applicant proposes to use an existing structure in accordance with the exemption provided in 4 VAC 25-130-701.11(d)(1)(ii): (A) The structure meets the performance standards of the Act and the initial regulatory program; (B) No significant harm to the environment or public health or safety will result from use of the structure; and ( C) The performance standards of the initial regulatory program are at least as stringent as the performance standards of Subchapter VK. (ii) If the division finds that the structure meets the criteria of 4 VAC 25-130- 701.11(d)(1)(ii), the division shall require the applicant to submit a compliance plan for modification or reconstruction of the structure and shall find prior to the issuance of the permit that: (A) The modification or reconstruction of the structure will bring the structure into compliance with the design and performance standards of Subchapter VK; (B) The risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction; and ( C) The applicant will monitor the structure to determine compliance with the performance standards of Subchapter VK. (b) Should the division find that the existing structure cannot be reconstructed without causing significant harm to the environment or public health or safety, the applicant will be required to abandon the existing structure. The structure shall not be used for or to facilitate surface coal mining operations after the effective date of issuance of the permit. Abandonment of the structure shall proceed on a schedule approved by the division in compliance with 4 VAC 25-130-816.132 or 4 VAC 25-130-817.132. ( c) An existing structure shall be deemed to meet the performance standards of the Act and Subchapter VK, if it meets the standards of this Subparagraph. (1) General standards. The existing structure shall meet the following general standards: (i) Land use restoration. The existing structure shall be capable of being restored to a satisfactory postmining land use in accordance with the requirements of 4 VAC 25- 130-816.133 and 4 VAC 25-130-817.133, which use or uses shall not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution. (ii) Topsoil storage. Stockpiled topsoil and other substitute or supplemental materials shall be placed on a stable area and protected from wind and water erosion, unnecessary compaction, and contaminants which lessen the capability of the material to support vegetation when redistributed. (iii) Surface area stabilization. All surface areas shall be stabilized and protected to control erosion and attendant air and water pollution. (iv) Acid and toxic-forming materials. Drainage from acid-forming, toxic-forming, or otherwise harmful materials shall not cause pollution of ground or surface waters and shall minimize adverse effects on plant growth and land uses. (v) Hydrologic balance: Water quality standards and effluent limitations. (A) Federal and State water quality statutes, regulations, standards, or effluent limitations shall not be violated. (B) Discharges of water from disturbed areas shall comply with the effluent limitations of 4 VAC 25-130-816.42 or 4 VAC 25-130-817.42. ( C) No land within 100 feet of a perennial stream or an intermittent stream in accordance with 4 VAC 25-130-816.57 or 4 VAC 25-130-817.57 shall be disturbed by surface mining activities; unless the water quantity and quality within 100 feet of the surface mining activities are not adversely affected, the division specifically authorizes surface mining activities closer to or through such a stream upon a finding that the original stream channel will be restored, and the requirements of Subparagraph ( c)(5) of this section are satisfied. (vi) Off-site protection. Areas outside the permit area shall be protected from slides or damage. (vii) Protection of fish, wildlife, and related environmental values. Disturbances and adverse impacts on fish, wildlife, and related environmental values shall be minimized using the best technology currently available and enhancement of such resources shall be achieved where practicable. (viii) Prevention of health and safety and fire hazards. Fire hazards and other conditions which constitute a hazard to the health and safety of the public shall be avoided. Combustible materials shall be compacted, buried, disposed or otherwise treated to prevent contamination of groundwater and to prevent sustained combustion. (2) Casing and sealing of underground openings. (i) Sealing of drilled holes. Each exploration hole, other drill or borehole, well or other exposed underground opening shall be cased, lined, sealed, or otherwise managed to prevent acid or other toxic drainage from entering ground or surface waters; to minimize disturbance to the prevailing hydrologic balance; and to assure the safety of people, livestock, fish and wildlife, and machinery in the permit area and adjacent area. Use of a drilled hole or borehole or monitoring well as a water well must meet the applicable provisions of 4 VAC 25-130-816.41 and 4 VAC 25-130-817.41. These sections do not apply to holes solely drilled and used for blasting. (ii) Temporary sealing of drilled holes. Each exploration hole, other drillhole or borehole, well, and other exposed underground opening which has been identified for use to return coal processing waste or water to underground workings, or to be used to monitor groundwater conditions, shall be temporarily sealed until actual use. (iii) Temporary sealing of underground mine entries. Each underground mine entry which is temporarily inactive, but has a further projected useful service, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. (3) Standards for permanent impoundments. Permanent impoundments shall meet the following standards: (i) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment shall not degrade the quality of receiving waters to less than the water quality standards established pursuant to applicable State and Federal laws. (ii) The level of water shall be sufficiently stable to support the intended use. (iii) Adequate safety and access to the impounded water shall be provided for proposed water users. (iv) Water impoundments shall not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses. (v) The impoundment shall achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under Public Law 83-566 (16 USC  1006). (vi) The size of the impoundment shall be adequate for its intended purposes. (vii) The impoundment shall be suitable for the approved postmining land use. (viii) Perimeter slopes shall be stable and protected to minimize surface erosion. (4) Sediment control measures. (i) Appropriate sediment control measures shall: (A) Prevent, to the extent possible using the best technology currently available, additional contributions of sediment to streamflow or to runoff outside the permit area. (B) Minimize erosion to the extent possible. ( C) Meet the more stringent of applicable State or Federal effluent limitations. (ii) Sedimentation basins shall achieve necessary dam safety and stability with an adequate margin of safety compatible with structures constructed under 4 VAC 25-130-816.46 and 4 VAC 25-130-817.46 as specified by the division; shall have an adequate storage volume and detention time which will achieve and maintain the effluent limitations; and shall be capable of safely discharging the runoff from a 25-year, 6-hour precipitation event or larger event specified by the division. Perimeter slopes shall be stable and protected to minimize surface erosion. (5) Standards for diversion structures. (i) Diversions shall prevent additional contributions of suspended solids to streamflow and to runoff outside the permit area, to the extent possible using the best technology currently available. (ii) Diversions shall not divert water into underground mines, unless approved by the division and the standards of 4 VAC 25-130-816.43 are met. (iii) Diversions shall not increase the potential for landslides. (iv) Stream channel diversions shall comply with all of the requirements of this Subparagraph ( c)(5), shall comply with local, State, and Federal statutes and regulations, and shall be in accordance with Subparagraph (1)(v)( C) of this section. (6) Standards for discharge structures. Discharge structures shall reduce erosion and avoid deepening or enlargement of stream channels, and minimize disturbances of the hydrologic balance. (7) Standards for temporary impoundments. Temporary impoundments shall achieve necessary stability with an adequate margin of safety and shall be capable of safely discharging the runoff from a 25- year, 6-hour precipitation event or larger event specified by the division. Perimeter slopes shall be stable and protected to minimize surface erosion. (8) Standards for disposal of excess spoil. An existing excess spoil disposal area may be used for the disposal of additional excess spoil only if the facility is capable of meeting the following standards: (i) Leachate and surface runoff from the fill shall not degrade surface or groundwaters. (ii) The fill shall achieve necessary stability with an adequate margin of safety. (iii) The land mass designated as the disposal area shall be within the permit area and suitable for reclamation and revegetation compatible with the natural surroundings. Spoil material shall not be deposited on any part of the operations located outside the permit area. (iv) Appropriate surface and internal drainage systems and diversion ditches shall prevent spoil erosion and mass movement. (v) The spoil disposal area shall have slope protection to minimize surface erosion. (vi) The spoil disposal area shall be certified by a qualified registered professional engineer as being in conformance with professional standards. (vii) Placement of additional spoil shall be in accordance with the applicable requirements of 4 VAC 25-130-816.71 through 4 VAC 25-130-816.75 and 4 VAC 25-130-817.71 through 4 VAC 25- 130-817.75 as approved by the division. (viii) The final configuration of the spoil disposal area shall be compatible with the natural drainage pattern and surroundings and suitable for the intended uses. (9) Standards for coal processing waste banks. An existing coal processing waste bank may be used for the disposal of additional coal processing waste only if the facility is capable of meeting the following standards: (i) The coal processing waste bank shall not adversely affect surface or groundwater quantity or quality or vegetation. (ii) Necessary stability with an adequate margin of safety shall be achieved. (iii) The coal processing waste bank shall be suitable for reclamation and revegetation compatible with the natural surroundings. (iv) The coal processing waste bank shall not constitute a hazard to the health and safety of the public. (v) Surface and internal drainage systems and diversion ditches shall be adequate to minimize erosion and prevent mass movement. (vi) Slope protection shall be adequate to minimize surface erosion. (vii) The coal processing waste bank shall be certified by a qualified registered professional engineer as being in conformance with professional standards. (viii) Placement of additional coal processing waste shall be in accordance with the applicable requirements of 4 VAC 25-130-816.81 through 4 VAC 25-130-816.84 and 4 VAC 25-130- 817.81 through 4 VAC 25-130-817.84 as approved by the division. (10) Standards for disposal of noncoal wastes. Disposal of noncoal wastes shall ensure that leachate and surface runoff does not degrade surface or groundwater, fires are prevented, that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings, and that applicable local, State, and Federal laws and regulations are satisfied. (11) Standards for coal processing waste: dams and embankments. Dams and embankments constructed of coal processing waste shall meet the requirements of 4 VAC 25-130-816.81 through 4 VAC 25-130-816.84 and 4 VAC 25-130-817.81 through 4 VAC 25-130-817.84. (12) Standards for roads. Roads shall: (i) Control or minimize erosion and siltation, air and water pollution, and damage to public or private property. (ii) Minimize damage to fish, wildlife, and related environmental values using the best technology currently available. (iii) Minimize additional contributions of suspended solids to streamflow or runoff outside the permit area using the best technology currently available. Any such contributions shall not be in excess of limitations of State and Federal law. (iv) Not be located in the channel of an intermittent or perennial stream unless specifically approved by the division. (v) Not contain stream fords unless they are specifically approved by the division and not adversely affect stream sedimentation or fish, wildlife, and related environmental values. (vi) Have adequate drainage and have a water-control system that can safely pass the peak runoff from a 10-year, 6-hour precipitation event or other event if required by the division. (13) Standards for other transportation facilities. Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall: (i) Prevent, to the extent possible using the best technology currently available: (A) Damage to fish, wildlife, and related environmental values. (B) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law. (ii) Control and minimize diminution or degradation of water quality and quantity. (iii) Control and minimize erosion and siltation. (iv) Control and minimize air pollution. (v) Prevent damage to public or private property. (14) Standards for support facilities and utility installations. Support facilities required for, or used incidentally to, the operation of the mine including, but not limited to, mine buildings, coal loading facilities, fan buildings, hoist buildings, sheds, shops, and other buildings, shall prevent or control erosion and siltation, water pollution, and damage to public or private property. In addition to the applicable performance standards of Parts 816 and 817 and this section, support facilities shall prevent, to the extent possible using the best technology currently available: (i) Damage to fish, wildlife, and related environmental values. (ii) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law. 4 VAC 25-130-773.17. Permit conditions. {{ 30 CFR 773.17 }} Each permit issued by the division shall be subject to the following conditions: (a) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted with the application and authorized for the term of the permit and that are subject to the performance bond or other equivalent guarantee in effect pursuant to Subchapter VJ. (b) The permittee shall conduct all surface coal mining and reclamation operations only as described in the approved application, except to the extent that the division otherwise directs in the permit. ( c) The permittee shall comply with the terms and conditions of the permit, all applicable performance standards of the Act, and the requirements of this chapter. (d) Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, the permittee shall allow the authorized representatives of the Secretary and the Director to-- (1) Have the right of entry provided for in 4 VAC 25-130-840.12; and (2) Be accompanied by private persons for the purpose of conducting an inspection in accordance with Parts 840 and 842, when the inspection is in response to an alleged violation reported to the division by the private person. (e) The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to-- (1) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance; (2) Immediate implementation of measures necessary to comply; and (3) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance. (f) As applicable, the permittee shall comply with 4 VAC 25-130-701.11(d), 30 CFR Subchapter B, or Subchapter VK of this chapter for compliance, modification, or abandonment of existing structures. (g) The operator shall pay all reclamation fees required by 30 CFR Subchapter R for coal produced under the permit for sale, transfer or use, in the manner required by that Subchapter. (h) Within thirty days after a cessation order is issued under 4 VAC 25-130-843.11 or 30 CFR 843.11, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect the permittee shall either submit to the division the following information, current to the date the cessation order was issued, or notify the division in writing that there has been no change since the immediately preceding submittal of such information: (1) Any new information needed to correct or update the information previously submitted to the division by the permittee under 4 VAC 25-130-778.13( c); or (2) If not previously submitted, the information required from a permit applicant by 4 VAC 25-130- 778.13( c). 4 VAC 25-130-773.19. Permit issuance and right of renewal. {{ 30 CFR 773.19 }} (a) Decision. If the application is approved, the permit shall be issued upon submittal of a performance bond in accordance with Subchapter VJ. If the application is disapproved, specific reasons therefore shall be set forth in the notification required by Paragraph (b) of this section. (b) Notification. The division shall issue written notification of the decision to the following persons and entities: (1) The applicant, each person who files comments or objections to the permit application, and each party to an informal conference. (2) The local governmental officials in the local political subdivision in which the land to be affected is located within 10 days after the issuance of a permit, including a description of the location of the land. (3) The local OSM office. ( c) Permit term. Each permit shall be issued for a fixed term of 5 years or less, unless the requirements of 4 VAC 25-130-778.17 are met. (d) Right of renewal. Permit application approval shall apply to those lands that are specifically designated as the permit area on the maps submitted with the application and for which the application is complete and accurate. Any valid permit issued in accordance with Paragraph (a) of this section shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit, in accordance with 4 VAC 25-130-774.15. (e) Initiation of operations. (1) A permit shall terminate if the permittee has not begun the surface coal mining and reclamation operation covered by the permit within 3 years of the issuance of the permit. (2) The division may grant a reasonable extension of time for commencement of these operations, upon receipt of a written statement showing that such an extension of time is necessary, if-- (i) Litigation precludes the commencement or threatens substantial economic loss to the permittee; or (ii) There are conditions beyond the control and without the fault or negligence of the permittee. (3) With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated. (4) Extensions of time granted by the division under this Paragraph shall be specifically set forth in the permit, and notice of the extension shall be made public by the division. 4 VAC 25-130-773.20. Improvidently issued permits; general procedures. {{ 30 CFR 773.21 }} (a) Permit review. If the division has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in Paragraph (b) of this section. Where the division finds that the permit was improvidently issued, it shall comply with Paragraph ( c) of this section. (b) Review criteria. The division shall find that a surface coal mining and reclamation permit was improvidently issued if: (1) Under the violations review criteria of this chapter at the time the permit was issued: (i) The division should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or (ii) The permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued; and (2) The violation, penalty or fee: (i) Remains unabated or delinquent; and (ii) Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and (3) Where the permittee was linked to the violation, penalty or fee through ownership or control, under the violations review criteria of this chapter at the time the permit was issued an ownership or control link between the permittee and the person responsible for the violation, penalty or fee still exists, or where the link was severed the permittee continues to be responsible for the violation, penalty or fee. ( c) Remedial measures. If the division, under Paragraph (b) of this section, finds that because of an unabated violation or a delinquent penalty or fee a permit was improvidently issued, it shall use one or more of the following remedial measures: (1) Implement, with the cooperation of the permittee or other person responsible, and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee; (2) Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee; (3) Suspend the permit until the violation is abated or the penalty or fee is paid; or (4) Rescind the permit under 4 VAC 25-130-773.21. 4 VAC 25-130-773.21. Improvidently issued permits; rescission procedures. {{ 30 CFR 773.23 }} If the division, under 4 VAC 25-130-773.20( c)(4), elects to rescind an improvidently issued permit, it shall serve on the permittee a notice of proposed suspension and rescission which includes the reasons for the finding of the division under 4 VAC 25-130-773.20(b) and states that: (a) Automatic suspension and rescission. After a specified period of time not to exceed 90 days the permit automatically will become suspended, and not to exceed 90 days thereafter rescinded, unless within those periods the permittee submits proof, and the division finds, that: (1) The finding of the division under 4 VAC 25-130-773.20(b) was erroneous; (2) The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency; (3) The violation, penalty or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or (4) Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty or fee: (b) Cessation of operations. After permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the division; and ( c) Right to appeal. The permittee may file an appeal for administrative review of the notice under  9- 6.14:1 et seq of the Code of Virginia. 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 VG. Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Part 774 Review; Revision; Renewal; And Transfer, Assignment, or Sale of Permit Rights Sec. 4 VAC 25-130-774.1. Scope and purpose. 4 VAC 25-130-774.11. Division review of permits. 4 VAC 25-130-774.13. Permit revisions. 4 VAC 25-130-774.15. Permit renewals. 4 VAC 25-130-774.17. Transfer, assignment, or sale of permit rights. 4 VAC 25-130-774.1. Scope and purpose. {{ 30 CFR 774.1 }} This Part provides requirements for review; revision; renewal; and transfer, assignment, or sale of permit rights. 4 VAC 25-130-774.11. Division review of permits. {{ 30 CFR 774.10 }} (a) The division shall review each permit issued and outstanding during the term of the permit. This review shall occur not later than the middle of each permit term and as follows: (1) Permits with a term longer than 5 years shall be reviewed no less frequently than the permit midterm or every 5 years, whichever is more frequent. (2) Permits with variances granted in accordance with 4 VAC 25-130-785.14 (mountaintop removal) and 4 VAC 25-130-785.18 (variance for delay in contemporaneous reclamation requirement in combined surface and underground mining operations) shall be reviewed no later than 3 years from the date of issuance of the permit unless, for variances issued in accordance with 4 VAC 25-130-785.14, the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the permit. (3) Permits containing experimental practices issued in accordance with 4 VAC 25-130-785.13 and permits with a variance from approximate original contour requirements in accordance with 4 VAC 25- 130-785.16 shall be reviewed as set forth in the permit or at least every 2 « years from the date of issuance as required by the division, in accordance with 4 VAC 25-130-785.13(g) and 4 VAC 25-130- 785.16( c), respectively. (b) After the review required by Paragraph (a) of this section, or at any time, the division may order reasonable revision of a permit in accordance with 4 VAC 25-130-774.13 to ensure compliance with the Act and the regulatory program. ( c) Any order of the division requiring revision of a permit shall be based upon written findings and shall be subject to the provisions for administrative and judicial review in Part 775. Copies of the order shall be sent to the permittee. (d) Permits may be suspended or revoked in accordance with Subchapter VL. 4 VAC 25-130-774.13. Permit revisions. {{ 30 CFR 774.13 }} (a) General. During the term of a permit, the permittee may submit an application to the division for a revision of the permit. (b) Application requirements and procedures. (1) The Director shall establish a time period within which the division will approve or disapprove an application for a permit revision; and (2) The division shall establish guidelines establishing the scale or extent of revisions for which all the permit application information requirements and procedures of this Subchapter, including notice, public participation, and notice of decision requirements of 4 VAC 25-130-773.13, 4 VAC 25-130- 773.19(b) (1) and (3), and 4 VAC 25-130-778.21 shall apply. Such requirements and procedures shall apply at a minimum to all significant permit revisions. ( c) Criteria for approval. No application for a permit revision shall be approved unless the application demonstrates and the division finds that reclamation as required by the Act and the regulatory program can be accomplished, applicable requirements under 4 VAC 25-130-773.15( c) which are pertinent to the revision are met, and the application for a revision complies with all requirements of the Act and the regulatory program. (d) Request to change permit boundary. Any extensions to the area covered by the permit, except incidental boundary revisions, shall be made by application for a new permit. 4 VAC 25-130-774.15. Permit renewals. {{ 30 CFR 774.15 }} (a) General. A valid permit shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit. (b) Application requirements and procedures. (1) An application for renewal of a permit shall be filed with the division at least 120 days before expiration of the existing permit term. (2) An application for renewal of a permit shall be in the form required by the division and shall include at a minimum-- (i) The name and address of the permittee, the term of the renewal requested, and the permit number or other identifier; (ii) Evidence that a liability insurance policy or adequate self insurance under 4 VAC 25- 130-800.60 will be provided by the applicant for the proposed period of renewal; (iii) Evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional bond required by the division pursuant to Subchapter VJ; (iv) A copy of the proposed newspaper notice and proof of publication of same, as required by 4 VAC 25-130-778.21; and (v) Additional revised or updated information required by the division. (3) Applications for renewal shall be subject to the requirements of public notification and public participation contained in 4 VAC 25-130-773.13 and 4 VAC 25-130-773.19(b). (4) If an application for renewal includes any proposed revisions to the permit, such revisions shall be identified and subject to the requirements of 4 VAC 25-130-774.13. (5) If an applicant for renewal of a permit includes a proposal to extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, the portion of the application which addresses any new land areas shall be subject to the full standards applicable to new permit applications under the Act, Parts 773, 774, 775, 777, 778, 779, 780, 783, 784, and applicable portions of 785, Subchapter VJ and this chapter. ( c) Approval process. (1) Criteria for approval. The division shall approve a complete and accurate application for permit renewal, unless it finds, in writing that-- (i) The terms and conditions of the existing permit are not being satisfactorily met; (ii) The present surface coal mining and reclamation operations are not in compliance with the environmental protection standards of the Act and this chapter; (iii) The requested renewal substantially jeopardizes the permittee's continuing ability to comply with the Act and the regulatory program on existing permit areas; (iv) The permittee has not provided evidence of having liability insurance or self-insurance as required in 4 VAC 25-130-800.60; (v) The permittee has not provided evidence that any performance bond required to be in effect for the operation will continue in full force and effect for the proposed period of renewal, as well as any additional bond the division might require pursuant to Subchapter VJ; or (vi) Additional revised or updated information required by the division has not been provided by the applicant. (2) Burden of proof. In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal. (d) Renewal term. Any permit renewal shall be for a term not to exceed the period of the original permit established under 4 VAC 25-130-773.19. (e) Notice of decision. The division shall send copies of its decision to the applicant, to each person who filed comments or objections on the renewal, to each party to any informal conference held on the permit renewal, and to the OSM. (f) Administrative and judicial review. Any person having an interest which is or may be adversely affected by the decision of the division shall have the right to administrative and judicial review set forth in Part 775. 4 VAC 25-130-774.17. Transfer, assignment, or sale of permit rights. {{ 30 CFR 774.17 }} (a) General. No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the division. (b) Application requirements. An applicant for approval of the transfer, assignment, or sale of permit rights shall-- (1) Provide the division with an application for approval of the proposed transfer, assignment, or sale including-- (i) The name and address of the existing permittee and permit number; (ii) A brief description of the proposed transaction requiring approval; and (iii) The legal, financial, compliance, and related information required by Part 778 for the applicant for approval of the transfer, assignment, or sale of permit rights. (2) Advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the permittee, the permit number or other identifier, the geographic location of the permit, and the address to which written comments may be sent; (3) Obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations, as required under Subchapter VJ. ( c) Public participation. Any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the division within 30 days. (d) Criteria for approval. The division may allow a permittee to transfer, assign, or sell permit rights to a successor, if it finds in writing that the successor-- (1) Is eligible to receive a permit in accordance with 4 VAC 25-130-773.15(b) and ( c); (2) Has submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee, as required by Subchapter VJ; and (3) Meets any other requirements specified by the division. (e) Notification. (1) The division shall notify the permittee, the successor, commenters, and the OSM of its findings. (2) Proof of the consumation shall be submitted to the division upon its approval of the transfer, assignment, or sale of permit rights, and prior to the issuance of the new permit. (f) Continued operation under existing permit. The successor in interest shall assume the liability and reclamation responsibilities of the existing permit and shall conduct the surface coal mining and reclamation operations in full compliance with the Act, the regulatory program, and the terms and conditions of the existing permit, unless the applicant has obtained a new or revised permit as provided in this Subchapter. 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 VG. Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Part 775 Administrative and Judicial Review of Decisions Sec. 4 VAC 25-130-775.11. Administrative review. 4 VAC 25-130-775.13. Judicial review. 4 VAC 25-130-775.11. Administrative review. {{ 30 CFR 775.11 }} (a) General. Within 30 days after an applicant or permittee is notified of the decision of the division concerning an application for approval of exploration required under Part 772, a permit for surface coal mining and reclamation operations, a permit revision, a permit renewal, or a transfer, assignment, or sale of permit rights, the applicant, permittee, or any person with an interest which is or may be adversely affected by the decision may request, in writing, a formal public hearing to contest such action with the Director of the Division of Mined Land Reclamation, Drawer 900, Big Stone Gap, VA 24219. (b) Administrative hearings. (1) The division shall conduct the formal hearing within 30 days from the receipt of the request. The hearing shall be conducted in accordance with section 9-6.14:12 of the Virginia Administrative Process Act. No person who presided at an informal conference under 4 VAC 25-130-773.13( c) shall either preside at the hearing or participate in the formal hearing decision and any subsequent appeal. (2) The division may, under such conditions as it prescribes, grant such temporary relief as it deems appropriate, pending final determination of the proceeding, if-- (i) All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief; (ii) The person requesting that relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; (iii) The relief sought will not adversely affect the public health or safety, or cause significant, imminent environmental harm to land, air, or water resources; and (iv) The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the division except that continuation under an existing permit may be allowed where the operation has a valid permit issued under Section 45.1-238 of the Act. (3) The hearing shall be conducted under the following conditions: (i) The Hearing Officer may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel allowable discovery, and take evidence, including, but not limited to, site inspections of the land to be affected and other surface coal mining and reclamation operations carried on by the applicant in the general vicinity of the proposed operations. (ii) A verbatim record of each public hearing required by this section shall be made, and a transcript made available on the motion of any party or by order of the Hearing Officer. (iii) Ex parte contacts between representatives of the parties appearing before the Hearing Officer and the Hearing Officer shall be prohibited, unless prior approval is given by the non-contacting party. (4) Within 30 days after the close of the record, the Director shall issue and furnish the applicant and each person who participated in the hearing, a copy of the Hearing Officer's decision and written findings of fact, and conclusions of law. The decision shall also set forth the right of appeal process. (5) The burden of proof at such hearings shall be on the party seeking to reverse the decision of the division. ( c) Within fourteen (14) days after the issuance of the Hearing Officer's decision under Subsection (b)(4) above, the applicant, permittee or any other person with an interest which is or may be adversely affected and who appeared and participated in the Hearing, may appeal to the Director or his designee for review of the record and reconsideration of the Hearing Officer's decision. The Director or his designee may also, on his own motion, with notice to the parties, within the same time period, review the record and reconsider the Hearing Officer's decision. No further evidence will be allowed in connection with such review and reconsideration but the Director or his designee may hear further argument, and may also, after considering the record, remand any case for further hearing if he considers such action necessary to develop the facts. Within thirty days of the appeal or motion for review and reconsideration, the Director or his designee shall complete his review of the Hearing Officer's decision and issue a final decision thereon. 4 VAC 25-130-775.13. Judicial review. {{ 30 CFR 775.13 }} (a) General. Any applicant, or any person with an interest which is or may be adversely affected by the final administrative decision and who has participated in the administrative hearings as an objector may appeal as provided in Paragraph (b) of this section if-- (1) The applicant or person is aggrieved by the Director or his designee's final order under 4 VAC 25-130-775.11; or (2) Either the division or the Director failed to act within time limits specified in 4 VAC 25-130- 775.11. (b) Judicial review. The final order of the division pursuant to Paragraph (a) of 4 VAC 25-130-775.11 shall be subject to judicial review as provided by the Virginia Administrative Process Act and the rules of the Supreme Court of Virginia as promulgated thereto. The availability of such review shall not be construed to limit the operation of the rights established in Section 520 of the Federal Act. 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 VG. Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Part 777 General Content Requirements for Permit Applications Sec. 4 VAC 25-130-777.1. Scope. 4 VAC 25-130-777.11. Format and contents. 4 VAC 25-130-777.12. Preapplication conference. 4 VAC 25-130-777.13. Reporting of technical data. 4 VAC 25-130-777.14. Maps and plans; general requirements. 4 VAC 25-130-777.15. Completeness. 4 VAC 25-130-777.17. Permit fees. 4 VAC 25-130-777.1. Scope. {{ 30 CFR 777.1 }} This Part provides minimum requirements concerning the general content for permit applications. 4 VAC 25-130-777.11. Format and contents. {{ 3 CFR 777.11 }} (a) An application shall-- (1) Contain current information, as required by this Subchapter; (2) Be clear and concise; and (3) Be filed in the format required by the division. (b) Five copies of the application shall be filed with the division. ( c) If used in the application, referenced materials shall either be provided to the division by the applicant or be readily available to the division. If provided, relevant portions of referenced published materials shall be presented briefly and concisely in the application by photocopying or abstracting and with explicit citations. (d) Applications for permits; revisions; renewals; or transfers, sales or assignments of permit rights shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief. 4 VAC 25-130-777.12. Preapplication conference. Prior to submitting an application for a coal surface mining permit, all maps and plans shall be reviewed in the field at the proposed mining site with the division 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 transmitted to the applicant, and one copy kept in the division office. 4 VAC 25-130-777.13. Reporting of technical data. {{ 30 CFR 777.13 }} (a) All technical data submitted in the application shall be accompanied by the names of persons or organizations that collected and analyzed the data, dates of the collection and analysis of the data, and descriptions of the methodology used to collect and analyze the data. (b) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed. 4 VAC 25-130-777.14. Maps and plans; general requirements. {{ 30 CFR 777.14 }} (a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the 1:24,000 scale series. Application maps of the permit area and adjacent area shall be at a scale of 1:4,800 (1"=400'). Maps shall clearly show the lands and waters within those areas. (b) All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the life of operations. 4 VAC 25-130-777.15. Completeness. {{ 30 CFR 777.15 }} An application for a permit to conduct surface coal mining and reclamation operations shall be complete and shall include at a minimum-- (a) For surface mining activities, the information required under Parts 778, 779, and 780, and, as applicable to the operation, Part 785; and (b) For underground mining activities, the information required under Parts 778, 783, and 784, and, as applicable to the operation, Part 785. 4 VAC 25-130-777.17. Permit fees. {{ 3 CFR 777.17 }} An application for a surface coal mining and reclamation permit issued under this chapter shall be accompanied by a permit fee of twelve dollars ($12.00) per acre or any fraction thereof for the total acreage permitted. An anniversary fee of six dollars ($6.00) per acre or any fraction thereof for areas disturbed under the permit shall be payable annually on each anniversary date of the permit. The fees shall be in the form of cash, cashier's check, certified check or personal check. 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 VG. Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Part 778 Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information Sec. 4 VAC 25-130-778.1. Scope and purpose. 4 VAC 25-130-778.13. Identification of interests. 4 VAC 25-130-778.14. Violation information. 4 VAC 25-130-778.15. Right-of-entry information. 4 VAC 25-130-778.16. Status of unsuitability claims. 4 VAC 25-130-778.17. Permit term. 4 VAC 25-130-778.18. Insurance. 4 VAC 25-130-778.21. Proof of publication. 4 VAC 25-130-778.22. Facilities or structures used in common. 4 VAC 25-130-778.1. Scope and purpose. {{ 30 CFR 778.1 }} This Part establishes the minimum legal, financial, compliance, and informational requirements for permit applications for surface coal mining and reclamation operations. 4 VAC 25-130-778.13. Identification of interests. {{ 30 CFR 778.13 }} An application shall contain the following information, except that the submission of a social security number is voluntary: (a) A statement as to whether the applicant is a corporation, partnership, single proprietorship, association, or other business entity. (b) The name, address, telephone number and, as applicable, social security number and employer identification number of the: (1) Applicant; (2) Applicant's resident agent; and (3) Person who will pay the abandoned mine land reclamation fee. ( c) For each person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in 4 VAC 25-130-700.5, as applicable: (1) The person's name, address, social security number and employer identification number; (2) The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure; (3) The title of the person's position, date position was assumed, and when submitted under 4 VAC 25-130-773.17(h), date of departure from the position; (4) Each additional name and identifying number, including employer identification number, Federal or State permit number, and MSHA number with date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the five years preceding the date of the application; and (5) The application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any State in the United States. (d) For any surface coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in 4 VAC 25-130-700.5, the operation's: (1) Name, address, identifying numbers, including employer identification number, Federal or State permit number and MSHA number, the date of issuance of the MSHA number, and the regulatory authority; and (2) Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure. (e) The name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any purchaser of record under a real estate contract for the property to be mined. (f) The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area. (g) The Mine Safety and Health Administration (MSHA) numbers for all mine-associated structures that require MSHA approval. (h) A statement of all lands, interest in lands, options, or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application. If requested by the applicant, any information required by this Paragraph which is not on public file pursuant to State law shall be held in confidence by the division, as provided under 4 VAC 25-130-773.13(d)(3)(ii). (i) Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed surface mining activities. This list shall identify each license and permit by-- (1) Type of permit or license; (2) Name and address of issuing authority; (3) Identification numbers of applications for those permits or licenses or, if issued, the identification numbers of the permits or licenses; and (4) If a decision has been made, the date of approval or disapproval by each issuing authority. (j) After an applicant is notified that his application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under Paragraphs (a) through (d) of this section. (k) The applicant shall submit the information required by this section and by 4 VAC 25-130-778.14 in any prescribed OSM format that is issued. 4 VAC 25-130-778.14. Violation information. {{ 30 CFR 778.14 }} Each application shall contain the following information: (a) A statement of whether the applicant or any subsidiary, affiliate, or persons controlled by or under common control with the applicant has -- (1) Had a Federal or State coal mining permit suspended or revoked in the 5 years preceding the date of submission of the application; or (2) Forfeited a performance bond or similar security deposited in lieu of bond at any time. (b) A brief explanation of the facts involved if any such suspension, revocation, or forfeiture referred to in Paragraphs (a)(1) and (2) of this section has occurred, including-- (1) Identification number and date of issuance of the permit, and the date and amount of bond or similar security; (2) Identification of the authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the action; (3) The current status of the permit, bond, or similar security involved; (4) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture; and (5) The current status of the proceedings. ( c) For any violation of a provision of the Federal Act or this chapter, or of any law, rule or regulation of the United States, or of any State law, rule or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, a list of all violation notices received by the applicant during the three year period preceding the application date, and a list of all unabated cessation orders and unabated air and water quality violation notices received prior to the date of the application by any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant. For each violation notice or cessation order reported, the lists shall include the following information, as applicable: (1) Any identifying numbers for the operation, including the Federal or State permit number and MSHA number, the dates of issuance of the violation notice and MSHA number, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, department or agency. (2) A brief description of the violation alleged in the notice; (3) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation, including, but not limited to, proceedings initiated by any person identified in Paragraph ( c) of this section to obtain administrative or judicial review of the violation; (4) The current status of the proceedings and of the violation notice; and (5) The actions, if any, taken by any person identified in Paragraph ( c) of this section to abate the violation. (d) After an applicant is notified that his application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under this section. 4 VAC 25-130-778.15. Right-of-entry information. {{ 30 CFR 778.15 }} (a) An application shall contain a description of the documents upon which the applicant bases his legal right to enter and begin surface coal mining and reclamation operations in the permit area and shall state whether that right is the subject of pending litigation. The description shall identify the documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant. (b) Where the private mineral estate to be mined has been severed from the private surface estate, an applicant shall also submit-- (1) A copy of the written consent of the surface owner for the extraction of coal by surface mining methods; or (2) A copy of the conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or (3) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under applicable State law, the applicant has the legal authority to extract the coal by those methods. ( c) Nothing in this section shall be construed to provide the division with the authority to adjudicate property rights disputes. 4 VAC 25-130-778.16. Status of unsuitability claims. {{ 30 CFR 778.16 }} (a) An application shall contain available information as to whether the proposed permit area is within an area designated as unsuitable for surface coal mining and reclamation operations or is within an area under study for designation in an administrative proceeding under Parts 762 and 764. (b) An application in which the applicant claims the exemption described in 4 VAC 25-130-762.13( c) shall contain information supporting the assertion that the applicant made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface coal mining and reclamation operations. ( c) An application in which the applicant proposes to conduct surface coal mining activities within 300 feet of an occupied dwelling or within 100 feet of a public road shall contain the necessary information and meet the requirements of 4 VAC 25-130-761.12. 4 VAC 25-130-778.17. Permit term. {{ 30 CFR 778.17 }} (a) Each application shall state the anticipated or actual starting and termination date of each phase of the surface coal mining and reclamation operation and the anticipated number of acres of land to be affected during each phase of mining over the life of the mine. (b) If the applicant requires an initial permit term in excess of 5 years in order to obtain necessary financing for equipment and the opening of the operation, the application shall-- (1) Be complete and accurate covering the specified longer term; and (2) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing. . 4 VAC 25-130-778.18. Insurance. {{ 30 CFR 778.18 }} Either a certificate of liability insurance or evidence of self-insurance in compliance with 4 VAC 25-130- 800.60 shall be provided prior to application approval and before the permit is issued. 4 VAC 25-130-778.21. Proof of publication. {{ 30 CFR 778.21 }} A copy of the newspaper advertisement of the application for a permit, significant revision of a permit, or renewal of a permit, and proof of publication of the advertisements which is acceptable to the division shall be filed with the division and made a part of the application no later than 4 weeks after the last date of publication as required by 4 VAC 25-130-773.13(a)(1). 4 VAC 25-130-778.22. Facilities or structures used in common. {{ 30 CFR 778.22 }} The plans of a facility or structure that is to be shared by two or more separately permitted mining operations shall be included in one permit application and referenced in the other applications. In accordance with Part 800, the applicant applying for the permit shall bond the facility or structure. The permittees sharing it may agree to an agreement for assuming their respective responsibilities. The application may include a copy of any such agreement between or among the parties setting forth the respective responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the division that all responsibilities under this chapter for the facility or structure will be met. 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 VG. Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Part 779 Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources Sec. 4 VAC 25-130-779.4. Responsibilities. 4 VAC 25-130-779.11. General requirements. 4 VAC 25-130-779.12. General environmental resources information. 4 VAC 25-130-779.18. Climatological information. 4 VAC 25-130-779.19. Vegetation information. 4 VAC 25-130-779.21. Soil resources information. 4 VAC 25-130-779.22. [Repealed] 4 VAC 25-130-779.24. Maps; general requirements. 4 VAC 25-130-779.25. Cross sections, maps and plans. 4 VAC 25-130-779.4. Responsibilities. {{ 30 CFR 779.4 }} (a) It is the responsibility of the applicant to provide, except where specifically exempted in this Part, all information required by this Part in the application. (b) It is the responsibility of State and Federal government agencies to provide information for applications as specifically required by this Part. 4 VAC 25-130-779.11. General requirements. {{ 30 CFR 779.11 }} Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and adjacent areas that may be affected or impacted by the proposed surface mining activities. 4 VAC 25-130-779.12. General environmental resources information. {{ 30 CFR 779.12 }} Each application shall describe and identify-- (a) The lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; and (b) The nature of cultural, historic and archaeological resources listed or eligible for listing on the National Register of Historic Places and known archaeological sites within the proposed permit and adjacent areas. (1) The description shall be based on all available information, including, but not limited to, information from the State Historic Preservation Officer and from local archaeological, historical, and cultural preservation agencies. (2) The division may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through -- (i) Collection of additional information, (ii) Conduct of field investigations, or (iii) Other appropriate analyses. 4 VAC 25-130-779.18. Climatological information. {{ 30 CFR 779.18 }} (a) When requested by the division, the application shall contain a statement of the climatological factors that are representative of the proposed locality of the permit area, including: (1) The average seasonal precipitation; (2) The average direction and velocity of prevailing winds; and (3) Seasonal temperature ranges. (b) The division may request such additional data as deemed necessary to ensure compliance with the requirements of this Subchapter. 4 VAC 25-130-779.19. Vegetation information. {{ 30 CFR 779.19 }} (a) The permit application shall contain a map or narrative describing the vegetation within the proposed permit area and within any proposed reference area. (b) Where a vegetation map is utilized, show the outline of the proposed permit area, and show north point indicator. Sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under 4 VAC 25-130-780.16. ( c) Explain the results of the vegetative survey conducted on the area to be affected by the proposed mining operation. This survey must include as a minimum: (1) Names, addresses, and qualifications of persons or organizations which collected and analyzed the data. (2) Dates of the collection and analyses. (3) Names, addresses, and positions of people in private, academic publications, or governmental agencies who contributed to the preparation of the vegetative survey. (d) Delineate the major plant communities of canopy, shrubs, and understory types. 4 VAC 25-130-779.21. Soil resources information. {{ 30 CFR 779.21 }} Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 4 VAC 25-130- 780.18. 4 VAC 25-130-779.22. [Repealed] Editor's Note This section provided for land use information in an application, and was deleted to be substantively identical to the federal provision deleted from 30 CFR 779.22. 4 VAC 25-130-779.24. Maps; general requirements. {{ 30 CFR 779.24 }} The permit application shall include maps showing- (a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area; (b) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin surface mining activities; ( c) The boundaries of all areas proposed to be affected over the estimated total life of the proposed surface mining activities, with a description of size, sequence, and timing of the mining of subareas for which it is anticipated that additional permits will be sought; (d) The location of all buildings in and within 1,000 feet of the proposed permit area with identification of the current use of the buildings; (e) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to, major electric transmission lines, pipelines, and agricultural drainage tile fields; (f) The location and boundaries of any proposed reference areas for determining the success of revegetation; (g) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the division and those surface waters which will receive discharges from affected areas in the proposed permit area; (h) Each public road located in or within 100 feet of the proposed permit area; (i) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places and known archaeological sites within the permit and adjacent area; (j) Each cemetery that is located in or within 100 feet of the proposed permit area; (k) Any land within the proposed permit area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act; and (l) Other relevant information required by the division. 4 VAC 25-130-779.25. Cross sections, maps and plans. {{ 30 CFR 779.25 }} (a) The application shall include cross sections, maps, and plans showing-- (1) Elevations and locations of test borings and core samplings; (2) Elevations and locations of monitoring stations used to gather data for water quality and quantity and fish and wildlife in preparation of the application; (3) Nature, depth, and thickness of the coal seam to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined; (4) All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area; (5) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent area; (6) Location and extent of subsurface water, if encountered, within the proposed permit and adjacent area; (7) Location of surface water bodies, such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas; (8) Location and extent of existing or previously surface-mined areas within the proposed permit area; (9) Location and dimensions of existing areas of spoil, waste, and noncoal waste disposal, dams, embankments, other impoundments, and water treatment facilities within the proposed permit area; and (10) Location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent area. (b) Maps, plans, and cross sections included in a permit application which are required by this section shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer or certified professional geologist with assistance from experts in related fields, such as land surveying and landscape architecture and shall be updated as required by the division. Effect of Amendment The January 6, 1999 amendment deleted former subsection (k), which provided for slope measurements in an application, and redesignated the section's numbering system to be consistent with 30 CFR 779.25. 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 VG. Surface Coal Mining and Reclamation Operations Permits and Coal Exploration Systems Part 780 Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan Sec. 4 VAC 25-130-780.4. Responsibilities. 4 VAC 25-130-780.11. Operation plan; general requirements. 4 VAC 25-130-780.12. Operation plan; existing structures. 4 VAC 25-130-780.13. Operation plan; blasting. 4 VAC 25-130-780.14. Operation plan; maps and plans. 4 VAC 25-130-780.16. Fish and wildlife information. 4 VAC 25-130-780.18. Reclamation plan; general requirements. 4 VAC 25-130-780.21. Hydrologic information. 4 VAC 25-130-780.22. Geologic information. 4 VAC 25-130-780.23. Reclamation plan; land use information. 4 VAC 25-130-780.25. Reclamation plan; siltation structures, impoundments, banks, dams, and embankments. 4 VAC 25-130-780.27. Reclamation plan; surface mining near underground mining. 4 VAC 25-130-780.29. Diversions. 4 VAC 25-130-780.31. Protection of public parks and historic places. 4 VAC 25-130-780.33. Relocation or use of public roads. 4 VAC 25-130-780.35. Disposal of excess spoil. 4 VAC 25-130-780.37. Road systems. 4 VAC 25-130-780.38. Support facilities. 4 VAC 25-130-780.4. Responsibilities. {{ 30 CFR 780.4 }} (a) It is the responsibility of the applicant to provide to the division all of the information required by this Part, except where specifically exempted in this Part. (b) It is the responsibility of the State and Federal governmental agencies to provide information to the division where specifically required in this Part. 4 VAC 25-130-780.11. Operation plan; general requirements. {{ 30 CFR 780.11 }} Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following: (a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and (b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in 4 VAC 25- 130-816.133): (1) Dams, embankments, and other impoundments; (2) Overburden and topsoil handling and storage areas and structures; (3) Coal removal, handling, storage, cleaning, and transportation areas and structures; (4) Spoil, coal processing waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures; (5) Mine facilities; and (6) Water pollution control facilities. 4 VAC 25-130-780.12. Operation plan; existing structures. {{ 30 CFR 780.12 }} (a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include: (1) Location; (2) Plans of the structure which describe its current condition; (3) Approximate dates on which construction of the existing structure was begun and completed; and (4) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of Subchapter VK or, if the structure does not meet the performance standards of Subchapter VK, a showing whether the structure meets the performance standards of the initial regulatory program. (b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include-- (1) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of Subchapter VK; (2) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction; (3) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter VK are met; and (4) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction. 4 VAC 25-130-780.13. Operation plan; blasting. {{ 30 CFR 783.13}} (a) Blasting plan. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of 4 VAC 25-130-816.61 through 4 VAC 25-130- 816.68. This plan shall include, at a minimum, information setting forth the limitations the permittee will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations. (b) Monitoring system. Each application shall contain a description of any system to be used to monitor compliance with the standards of 4 VAC 25-130-816.67 including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring. ( c) Blasting near underground mines. Blasting operations within 500 feet of active underground mines require approval of the State and Federal regulatory authorities concerned with the health and safety of underground miners. 4 VAC 25-130-780.14. Operation plan; maps and plans. {{ 30 CFR 780.14 }} Each application shall contain maps and plans as follows: (a) The maps and plans shall show the land proposed to be affected throughout the operation and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 4 VAC 25-130-779.24 through 4 VAC 25-130-779.25. (b) The following shall be shown for the proposed permit area: (1) Buildings, utility corridors and facilities to be used; (2) The area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation; (3) Each area of land for which a performance bond or other equivalent guarantee will be posted under Subchapter VJ; (4) Each coal storage, cleaning and loading area; (5) Each topsoil, spoil, coal waste, and non-coal waste storage area; (6) Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used; (7) Each source of waste and each waste disposal facility relating to coal processing or pollution control; (8) Each facility to be used to protect and enhance fish and wildlife and related environmental values; (9) Each explosive storage and handling facility; and (10) Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with 4 VAC 25-130-780.25 and fill area for the disposal of excess spoil in accordance with 4 VAC 25-130-780.35. ( c) Maps, plans, and cross sections required under Paragraphs (b)(4), (5), (6), (9) and (10), shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, or certified professional geologist, with assistance from experts in related fields, such as land surveying and landscape architecture, except that-- (1) Maps, plans, and cross sections for sedimentation ponds may only be prepared by a qualified registered professional engineer; and (2) Maps, plans, and cross sections of spoil disposal facilities may only be prepared by a qualified registered professional engineer. 4 VAC 25-130-780.16. Fish and wildlife information. {{ 30 CFR 780.16 }} (a) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area. (1) The scope and level of detail for such information shall be determined by the division in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under Paragraph (b) of this section. (2) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include: (i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 USC  1531 et seq.), or those species or habitats protected by similar State statutes; (ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or (iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law. (b) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall- (1) Be consistent with the requirements of 4 VAC 25-130-816.97; (2) Apply, at a minimum, to species and habitats identified under Paragraph (a) of this section; and (3) Include- (i) Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and (ii) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable. ( c) Fish and Wildlife Service review. Upon request, the division shall provide the resource information required under Paragraph (a) of this section and the protection and enhancement plan required under Paragraph (b) of this section to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service. 4 VAC 25-130-780.18. Reclamation plan; general requirements. {{ 30 CFR 780.18 }} (a) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with Section 45.1-242 of the Act, Subchapter VK, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under 4 VAC 25-130-780.18 through 4 VAC 25-130-780.37. (b) Each plan shall contain the following information for the proposed permit area: (1) A detailed timetable for the completion of each major step in the reclamation plan; (2) A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under Subchapter VJ with supporting calculations for the estimates; (3) A plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross- sections that show the anticipated final surface configuration of the proposed permit area, in accordance with 4 VAC 25-130-816.102 through 4 VAC 25-130-816.107; (4) A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of 4 VAC 25-130-816.22. A demonstration of the suitability of topsoil substitutes or supplements under 4 VAC 25-130-816.22(b) shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, phosporous, potassium, and areal extent of the different kinds of soils. The division may require other chemical and physical analyses, and field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements; (5) A plan for revegetation as required in 4 VAC 25-130-816.111 through 4 VAC 25-130-816.116, including, but not limited to, descriptions of the-- (i) Schedule of revegetation; (ii) Species and amounts per acre of seeds and seedlings to be used; (iii) Methods to be used in planting and seeding; (iv) Mulching techniques; (v) Irrigation, if appropriate, and pest and disease control measures, if any; (vi) Measures proposed to be used to determine the success of revegetation as required in 4 VAC 25-130-816.116; and (vii) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation; (6) A description of the measures to be used to maximize the use and conservation of the coal resource as required in 4 VAC 25-130-816.59; (7) A description of measures to be employed to ensure that all debris, acid-forming and toxic- forming materials, and materials constituting a fire hazard are disposed of in accordance with 4 VAC 25- 130-816.89 and 4 VAC 25-130-816.102 and a description of the contingency plans which have been developed to preclude sustained combustion of such materials; (8) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings with in the proposed permit area, in accordance with 4 VAC 25-130-816.13 through 4 VAC 25-130-816.15; (9) A description of the measures to be used to stabilize all exposed surface areas to control erosion and air pollution attendant to erosion as required under 4 VAC 25-130-816.95; and (10) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 USC  7401 et seq.), the Clean Water Act (33 USC  1251 et seq.), and other applicable air and water quality laws and regulations and health and safety standards. Annotations Decisions of Environmental Protection Agency (EPA) approving or disapproving state implementation plans as interfering with primary role of states to determine how national ambient air quality standards should be met under Clean Air Act (42 USCA  7401 et seq.). 151 ALR Fed 495. 4 VAC 25-130-780.21. Hydrologic information. {{ 30 CFR 780.21 }} (a) Sampling and analysis methodology. All water-quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the current edition of "Standard Methods for the Examination of Water and Wastewater," which is incorporated by reference, or the methodology in 40 CFR 136 and 434. Water quality sampling performed to meet the requirements of this section shall be conducted according to either methodology listed above when feasible. (b) Baseline information. The application shall include the following baseline hydrologic information, and any additional information required by the division. (1) Ground-water information. The location and ownership for the permit and adjacent areas of existing wells, springs, and other ground-water resources, seasonal quality and quantity of ground-water, and usage. Water quality descriptions shall include, at a minimum, total dissolved solids or specific conductance corrected to 25 C, pH, total iron, and total manganese. Ground-water quantity descriptions shall include, at a minimum, approximate rates of discharge or usage and elevation of the water in the coal seam, and each water-bearing stratum above and potentially impacted stratum below the coal seam. (2) Surface-water information. The name, location, ownership, and description of all surface-water bodies such as streams, lakes, and impoundments, the location of any discharge into any surface-water body in the proposed permit and adjacent areas, and information on surface-water quality and quantity sufficient to demonstrate seasonal variation and water usage. Water quality descriptions shall include, at a minimum, baseline information on total suspended solids, total dissolved solids or specific conductance corrected to 25 C, pH, total iron, and total manganese. Baseline acidity and alkalinity information shall be provided if there is a potential for acid drainage from the proposed mining operation. Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates. (3) Supplemental information. If the de