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 VA. General 
Part 700   General 

Sec.
4 VAC 25-130-700.1. Scope.
4 VAC 25-130-700.2.      Authority and citation to federal law. 
4 VAC 25-130-700.3.      Effective date. 
4 VAC 25-130-700.5.      Definitions. 
4 VAC 25-130-700.11.     Applicability. 
4 VAC 25-130-700.12.     Petitions to initiate rule making. 
4 VAC 25-130-700.14.     Availability of records. 
4 VAC 25-130-700.15.     Computation of time. 

4 VAC 25-130-700.1. Scope.                             {{ 30 CFR 700.1 }}

These regulations, consisting of Parts 700 through 882, establishes the procedures and requirements
through which the Department of Mines, Minerals, and Energy and its Division of Mined Land Reclamation
will implement the Virginia Coal Surface Mining Control and Reclamation Act of 1979 (Chapter 19 ( 45.1-
226 et seq.) of Title 45.1 of the Code of Virginia) and the Federal Surface Mining Control and Reclamation
Act of 1977, (P.L. 95-87, 91 Stat. 445 (30 USC  1201 et seq.)), pursuant to the Virginia permanent
regulatory program, as approved by the United States Secretary of the Interior. 

This Chapter is divided into nine Subchapters. 

(a) Subchapter VA contains introductory information intended to serve as a guide to the rest of the
Chapter and to the regulatory requirements and definitions generally applicable to the programs and
persons covered by the Act. 

(b) Subchapter VD identifies the procedures that apply to surface coal mining and reclamation operations
conducted on Federal lands rather than State or private lands and incorporates by reference the
applicable requirements of the State regulatory program: Subchapters VG, VJ, VK, AND VL. 

( c) Subchapter VF implements the requirements of the Act for-- 
     (i) Designating lands which are unsuitable for all or certain types of surface coal mining
operations; 
     (ii) Terminating designation no longer found to be appropriate; and 
     (iii) Prohibiting surface coal mining and reclamation operations on those lands or areas where the
Act states that surface coal mining operations should not be permitted or should be permitted only after
specified determinations are made. 

(d) Subchapter VG governs applications for and decisions on permits for surface coal mining and
reclamation operations within the Commonwealth. It also governs coal exploration and permit application
and decisions on permits for special categories of coal mining in the Commonwealth. Regulations
implementing the experimental practices provision of the Act are also included in Subchapter VG. 

(e) Subchapter VJ sets forth requirements for performance bonds and public liability insurance for surface
mining, underground mining and coal exploration permits. 

(f) Subchapter VK sets forth the environmental and other performance standards which apply to coal
exploration and to surface coal mining and reclamation operations, as well as to special mining situations
involved with steep slope mining, mountaintop removal mining, auger mining and prime farmlands. 

(g) Subchapter VL sets forth the inspection, enforcement, and civil penalty provisions. 

(h) Subchapter VM sets forth the requirements for the training, examination, and certification of blasters. 

(i) Subchapter VR sets forth the regulations for the Abandoned Mine Land Program. 
 
4 VAC 25-130-700.2.      Authority and citation to federal law.       {{ 30 CFR 700.3 }}
These regulations are promulgated pursuant to Chapter 19, Title 45.1 of the Code of Virginia (1950) as
amended. In order for these regulations to receive approval by the United States Secretary of the Interior
as part of the Commonwealth's permanent regulatory program, the Federal Surface Mining Control and
Reclamation Act requires that these regulations be consistent with (as effective as) applicable regulations
issued by the Secretary, contained in 30 CFR Chapter VII. The numbering system used for the Virginia
regulations corresponds to the numbering system used for the applicable Federal regulations in 30 CFR
Chapter VII, except that the numbering for the Virginia regulations contains the prefix "4 VAC 25-130-
xxx.xxx." All references to Sections, Parts, or Subchapters are made to this chapter, unless otherwise
noted. 
 
4 VAC 25-130-700.3.      Effective date. 
(a) The regulations promulgated pursuant to Chapter 19 ( 45.1-226 et seq.) of Title 45.1 of the Code of
Virginia became effective on December 15, 1981, the date on which the Secretary of the Interior approved
the Commonwealth's permanent regulatory program. 

(b) The regulations in this chapter shall become effective when approved by the Secretary of the Interior,
except, for existing operations permitted pursuant to Chapter 19, Title 45.1- 
     (1) All provisions except for those related to the contents of permit applications of Subchapter VG
and the performance standards of Subchapter VK shall apply. 
     (2) The content of permit application requirements and the performance standards of the
regulations approved on December 15, 1981, shall be complied with. 
     (3) All provisions of this chapter shall apply when the existing permit is significantly revised or
renewed. 
 
4 VAC 25-130-700.5.      Definitions.             {{ 30 CFR 700.5, 701.5, 707.5 & 762.5 }}
As used throughout this chapter, the following terms have the specified meanings except where otherwise indicated.
 
"Abatement plan" means an individual technique or combination of techniques, the implementation of which is
designed to result in reduction of the baseline pollution load. Abatement techniques include but are not limited to:
addition of alkaline material, special plans for managing toxic and acid forming material, regrading, revegetation,
and daylighting. 

"Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged
from an active, inactive, or abandoned surface coal mining and reclamation operation or from an area affected by
surface coal mining and reclamation operations. 

"Acid-forming materials" means earth materials that contain sulfide minerals or other materials which, if exposed to
air, water, or weathering processes, form acid that may create acid drainage or leachate. 

"Act" means the Virginia Coal Surface Mining Control and Reclamation Act of 1979 as amended (Chapter 19 (
45.1-226 et seq.) of Title 45.1 of the Code of Virginia). 

"Actual improvement" means the reduction of the baseline pollution load resulting from the implementation of the
approved abatement plan: except that a reduction of the baseline pollution load achieved by water treatment may not
be considered as actual improvement. 

"Adjacent area" means the area outside the permit area where a resource or resources, determined according to the
context in which adjacent area is used, are or reasonably could be expected to be adversely impacted by proposed
mining operations, including probable impacts from underground workings. 

"Administratively complete application" means an application for permit approval, or approval for coal exploration
where required, which the division determines to contain information addressing each application requirement of the
regulatory program and to contain all information necessary to initiate processing and public review. 

"Adverse physical impact" means, with respect to a highwall created or impacted by remining, conditions such as
sloughing of material, subsidence, instability, or increased erosion of highwalls, which occur or can reasonably be
expected to occur as a result of remining and which pose threats to property, public health, safety, or the
environment. 

"Affected area" means any land or water surface area which is used to facilitate, or is physically altered by, surface
coal mining and reclamation operations. The affected area includes the disturbed area; any area upon which surface
coal mining and reclamation operations are conducted; any adjacent lands, the use of which is incidental to surface
coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for
hauling coal to or from, surface coal mining and reclamation operations, except as provided in this definition; any
area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks,
dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage
areas, shipping areas; any areas upon which are sited structures, facilities, or other property or material on the surface
resulting from, or incident to, surface coal mining and reclamation operations; and the area located above
underground workings. The affected area shall include every road used for purposes of access to, or for hauling coal
to or from, surface coal mining and reclamation operations, unless the road is a public road. 

"Agricultural use" means the use of any tract of land for the production of animal or vegetable life. The uses include,
but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting
of plants. 

"Anthracite" means coal classified as anthracite in ASTM Standard D 388-77. Coal classifications are published by
the American Society of Testing and Materials under the title, "Standard Specification for Classification of Coals by
Rank," ASTM D 388-77, on pages 220 through 224. Table 1 which classifies the coals by rank is presented on page
223. This publication is hereby incorporated by reference. 

"Applicant" means any person seeking a permit, permit revision, renewal, and transfer, assignment, or sale of permit
rights from the division to conduct surface coal mining and reclamation operations or, where required, seeking
approval for coal exploration. 

"Application" means the documents and other information filed with the division under this chapter for the issuance
of permits; revisions; renewals; and transfer, assignment, or sale of permit rights for surface coal mining and
reclamation operations or, where required, for coal exploration. 

"Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined
areas so that the reclaimed area, including any terracing or access roads, closely resembles the general surface
configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding
terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be
permitted where the division has determined that they comply with 4 VAC 25-130-816.49, 4 VAC 25-130-816.56,
and 4 VAC 25-130-816.133 or 4 VAC 25-130-817.49, 4 VAC 25-130-817.56, and 4 VAC 25-130-817.133. 

"Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a
specific use. 

"Auger mining" means a method of mining coal at a cliff or highwall by drilling or cutting holes into an exposed coal
seam from the highwall and transporting the coal along the auger bit to the surface. 

"Authorized officer" means any person authorized to take official action on behalf of a federal agency that has
administrative jurisdiction over federal lands. 

"Baseline pollution load" means the characterization of the pollution material being discharged from or on the
pollution abatement area, described in terms of mass discharge for each parameter, including seasonal variations and
variations in response to precipitation events. The division will establish in each authorization the specific
parameters it deems relevant for the baseline pollution load. 

"Best professional judgment" means the highest quality technical opinion forming the basis for the terms and
conditions of the treatment level required after consideration of all reasonably available and pertinent data. The
treatment levels shall be established by the division under  301 and 402 of the federal Water Pollution Control Act
(33 USC  1311 and 1342). 

"Best technology" means measures and practices which are designed to abate or ameliorate to the maximum extent
possible pollutional discharges from or on the pollution abatement area. These measures include engineering,
geochemical or other applicable practices. 

"Best technology currently available" means equipment, devices, systems, methods, or techniques which will: 
     (a) Prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff
outside the permit area, but in no event result in contribution of suspended solids in excess of requirements set by the
applicable state or federal laws; 
     (b) Minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related
environmental values, and achieve enhancement of those resources where practicable. The term includes equipment,
devices, systems, terms, methods, or techniques which are currently available anywhere as determined by the
division even if they are not in routine use. The term includes, but is not limited to, construction practices, siting
requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities
and design of sedimentation ponds in accordance with Parts 816 and 817 of this chapter. Within the constraints of
the permanent program, the division shall have the discretion to determine the best technology currently available on
a case-by-case basis, as authorized by the Act and this chapter. 

"Cemetery" means any area of land where human bodies are interred. 

"Certification" when used in regards to construction certifications by qualified registered professional engineers, is
not considered to be a warranty or guarantee. 

"Coal" means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by
ASTM Standard D 388-77, referred to and incorporated by reference in the definition of "anthracite." 

"Coal exploration" means the field gathering of: 
     (a) Surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical,
or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or 
     (b) The gathering of environmental data to establish the conditions of an area before beginning surface coal
mining and reclamation operations under the requirements of this chapter. 

"Coal lease" means a federal coal lease or license issued by the Bureau of Land Management pursuant to the Mineral
Leasing Act and the federal Acquired Lands Leasing Act of 1947 (30 USC  351 et seq.). 

"Coal mine waste" means coal processing waste and underground development waste. 

"Coal mining operation" means, for the purposes of Part 705 of this chapter--Financial Interests of State Employees,
the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or
lignite, or of reclaiming the areas upon which such activities occur. 

"Coal preparation" or "coal processing" means chemical or physical processing and the cleaning, concentrating, or
other processing or preparation of coal. 

"Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or the cleaning,
concentrating, or other processing or preparation. It includes facilities associated with coal preparation activities,
including but not limited to the following: loading facilities; storage and stockpile facilities; sheds, shops, and other
buildings; water-treatment and water storage facilities; settling basins and impoundments; and coal processing and
other waste disposal areas. 

"Coal processing waste" means earth materials which are separated and wasted from the product coal during
cleaning, concentrating, or other processing or preparation of coal. 

"Cognovit note" means an extraordinary note which authorizes an attorney to confess judgement against the person
or persons signing it. It is written authority of a debtor and a direction by him for entry of a judgement against him if
the obligation set forth in the note is not paid when due. Such judgement may be taken by any person holding the
note, which cuts off every defense which makers of the note may otherwise have and it likewise cuts off all rights of
appeal from any judgement taken on it. The note shall, at a minimum: 
     (a) Contain the date of execution. 
     (b) Be payable to the "Treasurer of Virginia." 
     ( c) Be due and payable in the event of bond forfeiture of the permit. 
     (d) Be payable in a sum certain of money. 
     (e) Be signed by the makers. 

"Collateral bond" means an indemnity agreement in a sum certain executed by the permittee and deposited with the
division supported by one or more of the following: 
     (a) The deposit of cash in one or more federally insured accounts, payable only to the division upon
demand; 
     (b) Negotiable bonds of the United States, the Commonwealth of Virginia, or a political subdivision
thereof, endorsed to the order of, and placed in the possession of the division; the bond will only be acceptable if the
issue is rated "A" or better by Moody's Investor Service, Inc., or Standard and Poor's, Inc.; 
     ( c) Certificates of deposit issued by Virginia banks payable only to the division and placed in its
possession. No security in default as to principal or interest shall be acceptable as collateral. 

"Combustible material" means organic material that is capable of burning, either by fire or through oxidation,
accompanied by the evolution of heat and a significant temperature rise. 

"Community or institutional building" means any structure, other than a public building or an occupied dwelling,
which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups;
functions as an educational, cultural, historic, religious, scientific, correctional, mental health or physical health care
facility; or is used for public services, including, but not limited to, water supply, power generation or sewage
treatment. 

"Compaction" means increasing the density of a material by reducing the voids between the particles and is generally
accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or
roller loads from heavy equipment. 

"Complete and accurate application" means an application for permit approval or approval for coal exploration
where required which the division determines to contain all information required under the Act and this chapter. 

"Contamination" means, in reference to ground water or surface water supplies receiving ground water, any
impairment of water quality which makes the water unsuitable for a specific use. 

"Cooperative agreement" means a cooperative agreement entered into in accordance with  523( c) of the federal Act
and 30 CFR Part 745. 

"Cumulative impact area" means the area, including the permit area, within which impacts resulting from the
proposed operation may interact with the impacts of all anticipated mining on surface and ground water systems.
Anticipated mining shall include, at a minimum, the entire projected lives through bond release of: 
     (a) The proposed operation; 
     (b) All existing operations; 
     ( c) Any operation for which a permit application has been submitted to the division; and 
     (d) All operations required to meet diligent development requirements for leased federal coal for which
there is actual mine development information available. 

"Department" means the Department of Mines, Minerals and Energy (DMME) of Virginia. 

"Diminution" means, in reference to ground or surface water supplies receiving ground water, any impairment of
water quantity which makes the water unsuitable for a specific use. 

"Direct financial interest" means ownership or part ownership by an employee of lands, stocks, bonds, debentures,
warrants, partnership shares, or other holdings and also means any other arrangement where the employee may
benefit from his or her holding in or salary from coal mining operations. Direct financial interests include
employment, pensions, creditor, real property and other financial relationships. 

"Director" means the Director of the Department of Mines, Minerals, and Energy or his representative. 

"Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil,
coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining
operations. Those areas are classified as disturbed until reclamation is complete and the performance bond or other
assurance of performance required by Subchapter VJ is released. 

"Diversion" means a channel, embankment, or other manmade structure constructed to divert water from one area to
another. 

"Division" means the Division of Mined Land Reclamation of the Department of Mines, Minerals, and Energy. 

"Downslope" means the land surface between the projected outcrop of the lowest coal bed being mined along each
highwall and a valley floor. 

"Drinking, domestic or residential water supply" means water received from a well or spring and any appurtenant
delivery system that provides water for direct human consumption or household use. Wells and springs that serve
only agricultural, commercial or industrial enterprises are not included, except to the extent the water supply is for
direct human consumption or human sanitation or domestic use. 

"Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to
contain, divert, or store water, support roads or railways, or for other similar purposes. 

"Employee" means (a) any person employed by the department or other state or local government agency who
performs any function or duty under the Act, and (b) consultants who perform any function or duty under the Act, if
they perform decision-making functions for the department under the authority of the Act or regulations promulgated
under the Act. 

"Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed
or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the
local water table. 

"Escrow account" means an account in a federally insured financial institution. 

"Excess spoil" means spoil material disposed of in a location other than the mined-out area; provided that spoil
material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain
in accordance with 4 VAC 25-130-816.102(d) and 4 VAC 25-130-817.102(d) in nonsteep slope areas shall not be
considered excess spoil. 

"Existing structure" means a structure or facility used in connection with or to facilitate surface coal mining and
reclamation operations for which construction begins prior to the approval of the state program or a federal land
program, whichever occurs first. 

"Extraction of coal as an incidental part" means, for the purposes of Part 707 of this chapter, the extraction of coal
which is necessary to enable the construction to be accomplished. For purposes of Part 707, only that coal extracted
from within the right-of-way, in the case of a road, railroad, utility line or other such construction, or within the
boundaries of the area directly affected by other types of government-financed construction, may be considered
incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected
by the construction shall be subject to the requirements of the Act and this chapter. 

"Federal Act" means the federal Surface Mining Control and Reclamation Act of 1977, as amended (Pub. L. 95-87). 

"Federal land management agency" means a federal agency having administrative jurisdiction over the surface of
federal lands that are subject to this chapter. 

"Federal lands" means any land, including mineral interests, owned by the United States, without regard to how the
United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands. 

"Federal lands program" means a program established by the secretary pursuant to  523 of the federal Act to
regulate surface coal mining and reclamation operations on federal lands. 

"Federal lease bond" means the bond or equivalent security required by 43 CFR Part 3400 to assure compliance with
the terms and conditions of a federal coal lease. 

"Federal lessee protection bond" means a bond payable to the United States or the state, whichever is applicable, for
use and benefit of a permittee or lessee of the surface lands to secure payment of any damages to crops or tangible
improvements on federal lands, pursuant to  715 of the federal Act. 

"Federal program" means a program established by the secretary pursuant to  504 of the federal Act to regulate coal
exploration and surface coal mining and reclamation operations on nonfederal and non-Indian lands within the state
in accordance with the federal Act and 30 CFR Chapter VII. 

"First water producing zone" means the first water zone encountered which can be monitored in a manner which
indicates the effects of a surface mining operation on usable ground water. 

"Fragile lands" means areas containing natural, ecologic, scientific or aesthetic resources that could be significantly
damaged by surface coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife,
critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations,
paleontological sites, National Natural Landmarks, areas where mining may result in flooding, environmental
corridors containing a concentration of ecologic and aesthetic features and areas of recreational value due to high
environmental quality. 

"Fugitive dust" means that particulate matter which becomes airborne due to the forces of wind or surface coal
mining and reclamation operations or both. During surface coal mining and reclamation operations it may include
emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations;
and other activities in which material is either removed, stored, transported, or redistributed. Fugitive dust does not
include particulate matter emitted from a duct or stack. 

"Fund," as used in Subchapter VR, means the Abandoned Mine Reclamation Fund established pursuant to  45.1-
261 of the Act. 

"General area" means, with respect to hydrology, the topographic and ground water basin surrounding a permit area
and adjacent areas to include one or more watersheds containing perennial streams or ground water zones which
possess useable and/or managed zones or flows, to allow an assessment of the probable cumulative impacts on the
hydrologic regime. 

"Government-financed construction" means construction funded 50%6C or more by funds appropriated from a
government financing agency's budget or obtained from general revenue bonds. Funding at less than 50%6C may
qualify if the construction is undertaken as an approved reclamation project under Title IV of the federal Act.
Construction funded through government financing agency guarantees, insurance, loans, funds obtained through
industrial revenue bonds or their equivalent, or in-kind payments does not qualify as government-financed
construction. 

"Government financing agency" means any federal, state, regional, county, city or town unit of government, or a
department, bureau, agency or office of a governmental unit or any combination of two or more governmental units
or agencies, which, directly or through another unit of government, finances construction. 

"Gravity discharge" means, with respect to underground coal mining activities, mine drainage that flows freely in an
open channel downgradient. Mine drainage that occurs as a result of flooding a mine to the level of the discharge is
not gravity discharge. 

"Ground cover" means the area of ground covered by the combined aerial parts of vegetation and the litter that is
produced naturally onsite, expressed as a percentage of the total area of ground. 

"Ground water" means subterranean water which exists within a totally saturated zone, stratum or group of strata. 

"Growing season" means the period of year when climatic conditions are favorable for plant growth, common to a
place or area. The period between April 15 and October 15 is the normal growing season. 

"Half-shrub" means a perennial plant with a woody base whose annually produced stems die back each year. 

"Head-of-hollow fill" means a fill structure consisting of any material, except organic material, placed in the
uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater
than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater
than 10 degrees. In head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same
elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill, draining into the
fill area. 

"Higher or better uses" means postmining land uses that have a higher value or benefit, either economic or
noneconomic, to the landowner or the community than the premining land uses. 

"Highwall" means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for
entry to underground mining activities. 

"Highwall remnant" means that portion of highwall that remains after backfilling and grading of a remining permit
area. 

"Historically used for cropland" means (1) lands that have been used for cropland for any five years or more out of
the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose
of conducting or allowing through resale, lease, or option the conduct of surface coal mining and reclamation
operations; (2) lands that the division determines, on the basis of additional cropland history of the surrounding lands
and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-years-in-
10 criterion, in which case the regulations for prime farmland may be applied to include more years of cropland
history only to increase the prime farmland acreage to be preserved; or (3) lands that would likely have been used as
cropland for any five out of the last 10 years, immediately preceding such acquisition but for the same fact of
ownership or control of the land unrelated to the productivity of the land. 

"Historic lands" means areas containing historic, cultural, or scientific resources. Examples of historic lands include
archaeological sites, properties listed on or eligible for listing on the State or National Register of Historic Places,
National Historic Landmarks, properties having religious or cultural significance to native Americans or religious
groups, and properties for which historic designation is pending. 

"Hydrologic balance" means the relationship between the quality and quantity of water inflow to, water outflow
from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It
encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface
water storage. 

"Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate and
includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form,
falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of
evaporation and transportation. 

"Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any
violation of a permit or other requirements of the Act in a surface coal mining and reclamation operation, which
could reasonably be expected to cause substantial physical harm to persons outside the permit area before the
condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement
exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure
to the danger during the time necessary for abatement. 

"Impounding structure" means a dam, embankment or other structure used to impound water, slurry, or other liquid
or semi-liquid material. 

"Impoundments" mean all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions,
either naturally formed or artificially built. 

"Indemnity agreement" means an agreement between two persons in which one person agrees to pay the other person
for a loss or damage. The persons involved can be individual people, or groups of people, or legal organizations,
such as partnerships, corporations or government agencies, or any combination of these. 

"Indirect financial interest" means the same financial relationships as for direct ownership, but where the employee
reaps the benefits of such interests, including interests held by the employee's spouse, minor child and other relatives,
including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial
interest if there is no relationship between the employee's functions or duties and the coal mining operation in which
the spouse, minor children or other resident relatives hold a financial interest. 

"In situ processes" means activities conducted on the surface or underground in connection with in-place distillation,
retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ
gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining. 

"Intermittent stream" means: 
     (a) A stream or section of a stream that drains a watershed of at least one square mile, or 
     (b) A stream or section of a stream that is below the local water table for at least some part of the year, and
obtains its flow from both surface runoff and ground water discharge. 

"Irreparable damage to the environment" means any damage to the environment, in violation of the Act, or this
chapter, that cannot be corrected by the permittee. 

"Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land.
Land uses may be identified in combination when joint or seasonal use occur and may include land used for support
facilities that are an integral part of the use. Changes of land use from one of the following categories to another shall
be considered as a change to an alternative land use which is subject to approval by the division. 
     (a) "Cropland." Land used for production of crops which can be grown for harvest alone or in a rotation
with grasses and legumes, that include row crops, small grain crops, hay crops, nursery crops, orchard crops, and
other similar crops. 
     (b) "Pastureland" or land occasionally cut for hay. Land used primarily for the long-term production of
adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. 
     ( c) "Grazingland." Lands used for grasslands and forest lands where the indigenous vegetation is actively
managed for grazing, browsing, or occasional hay production. 
     (d) "Forestry." Land used or managed for long-term production of wood, wood fiber, or wood derived
products. 
     (e) "Residential." Land used for single and/or multiple family housing, mobile home parks, or other
residential lodgings. 
     (f) "Industrial/Commercial." Land used for: 
          (1) Extraction or transformation of materials for fabrication of products, wholesaling of
 products, or long-term storage of products. This includes all heavy and light manufacturing facilities. 
          (2) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and
 other commercial establishments. 
     (g) "Recreation." Land used for public or private leisure-time activities, including developed recreation
facilities such as parks, camps, amusement areas, as well as undeveloped areas for recreation such as hiking and
canoeing. 
     (h) "Fish and wildlife habitat." Land dedicated wholly or partially to the production, protection, or
management of species of fish or wildlife. 
     (i) "Developed water resources." Land used for storing water for beneficial uses, such as stockponds,
irrigation, fire protection, flood control, and water supply. 
     (j) "Undeveloped land or no current use or land management." Land that is undeveloped or, if previously
developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to
forest through natural succession. 

"Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under     404 or
under  402(g)(4) of the federal Act. 

"Leachate" means water percolating from a surface coal mining operation which contains dissolved and suspended
matter. 

"Leased federal coal" means coal leased by the United States pursuant to 43 CFR Part 3400, except mineral interests
in coal on Indian lands. 

"Lease terms, conditions and stipulations" means all of the standard provisions of a federal coal lease, including
provisions relating to lease duration, fees, rentals, royalties, lease bond, production and recordkeeping requirements,
and lessee rights of assignment, extension, renewal, termination and expiration, and site-specific requirements
included in federal coal leases in addition to other terms and conditions which relate to protection of the environment
and of human, natural and mineral resources. 

"Material damage" in the context of 4 VAC 25-130-784.20 and 4 VAC 25-130-817.121 means: 
     (a) Any functional impairment of surface lands, features, structures, or facilities; 
     (b) Any physical change that has a significant adverse impact on the affected land's capability to support
any current or reasonably foreseeable uses or causes significant loss in production or income; or 
     ( c) Any significant change in the condition, appearance, or utility of any structure or facility from its
presubsidence condition. 

"Mineral Leasing Act" or "MLA" means the Mineral Leasing Act of 1920, as amended, 30 USC  181 et seq. 

"Mining plan" means the plan, for mining leased federal coal, required by the Mineral Leasing Act. 

"Mining supervisor" means the Area Mining Supervisor, Conservation Division, U.S. Geological Survey, or District
Mining Supervisor or other subordinate acting under their direction. 

"Moist bulk density" means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at
field moisture capacity (1/3 bar moisture tension). Weight is determined after drying the soil at 105 C. 

"MSHA" means the United States Mine Safety and Health Administration. 

"Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture
conservation, and provide micro-climatic conditions suitable for germination and growth. 

"Natural hazard lands" means geographic areas in which natural conditions exist which pose or as a result of surface
coal mining operations, may pose a threat to the health, safety or welfare of people, property or the environment,
including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, and areas of unstable
geology. 

"Net worth" means total assets less total liabilities. Total liabilities include, but are not limited to, funds pledged or
otherwise obligated to the Commonwealth of Virginia, or to any other person at any time during the permit term.
Total liabilities also include, but are not limited to, contingent liabilities that might materially affect the
Commonwealth's ability to collect the amount of bond required in the event of bond forfeiture. 

"Noncommercial building" means any building other than an occupied residential dwelling that at the time
subsidence occurs is used on a regular or temporary basis as a public building or community or institutional building
as those terms are defined in this section. Any building used only for commercial agricultural, industrial, retail or
other commercial enterprises is excluded. 

"Noxious plants" means living plants which are declared to be noxious weeds or noxious plants pursuant to the
Virginia Noxious Weed Law, Chapter 17.2 ( 3.1-296.11 et seq.) of Title 3.1 of the Code of Virginia. 

"Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human
habitation. 

"Occupied residential dwelling and structures related thereto" means, for purposes of 4 VAC 25-130-784.20 and 4
VAC 25-130-817.121, any building or other structures that, at the time the subsidence occurs, is used either
temporarily, occasionally, seasonally or permanently for human habitation. This term also includes any building,
structure, or facility installed on, above or below, or a combination thereof, the land surface if that building structure
or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures
include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and
cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage
treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial
agriculture, industrial, retail or other commercial purposes is excluded. 

"Office" or "OSM" means the Office of Surface Mining Reclamation and Enforcement established under Title II of
the federal Act. 

"Operator" means any person engaged in coal mining who removes or intends to remove more than 250 tons of coal
from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location. 

"Other treatment facilities" means any facilities for chemical treatments, such as flocculation or neutralization, or
mechanical structures, such as clarifiers or precipitators, that have a point source discharge and that are utilized: 
     (a) To prevent additional contribution of dissolved or suspended solids to streamflow or runoff outside the
permit area; or 
     (b) To comply with all applicable state and federal water quality laws and regulations. 

"Outslope" means the face of the spoil or embankment sloping downward from the highest elevation to the toe. 

"Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding
topsoil. 

"Owned or controlled" and "owns or controls" mean any one or a combination of the relationships specified in
paragraphs (a) and (b) of this definition: 
     (a) (i) Being a permittee of a surface coal mining operation; (ii) based on instrument of ownership or voting
securities, owning of record in excess of 50%6C of an entity; or (iii) having any other relationship which gives one
person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity
conducts surface coal mining operations. 
     (b) The following relationships are presumed to constitute ownership or control unless a person can
demonstrate that the person subject to the presumption does not in fact have the authority directly or indirectly to
determine the manner in which the relevant surface coal mining operation is conducted: 
          (1) Being an officer or director of an entity; 
          (2) Being the operator of a surface coal mining operation; 
          (3) Having the ability to commit the financial or real property assets or working resources
 of an entity; 
          (4) Being a general partner in a partnership; 
          (5) Based on the instruments of ownership or the voting securities of a corporate entity,
 owning of record 10 through 50%6C of the entity; or 
          (6) Owning or controlling coal to be mined by another person under a lease, sublease or 
 other contract and having the right to receive such coal after mining or having authority to determine the manner in
which that person or another person conducts a surface coal mining operation. 

"Perennial stream" means a stream or part of a stream that flows continuously during all of the calendar year as a
result of ground-water discharge or surface runoff. The term does not include "intermittent stream" or "ephemeral
stream." 

"Performance bond" means a surety bond, collateral bond, or a combination thereof, by which a permittee assures
faithful performance of all the requirements of the Act, this chapter, and the requirements of the permit and
reclamation plan. 

"Performing any function or duty under this Act" means decision or action, which if performed or not performed by
an employee, affects the programs under the Act. 

"Permanent diversion" means a diversion which is approved by the division and, if required, by other state and
federal agencies for retention as part of the postmining land use. 

"Permanent impoundment" means an impoundment which is approved by the division and, if required, by other state
and federal agencies for retention as part of the postmining land use. 

"Permit" means a permit to conduct surface coal mining and reclamation operations issued by the division pursuant
to the Act and this chapter or by the secretary pursuant to a federal program. For the purposes of the federal lands
program, permit means a permit issued by the division under a cooperative agreement or by the OSM where there is
no cooperative agreement. 

"Permit application package" means a proposal to conduct surface coal mining and reclamation operations on federal
lands, including an application for a permit, permit revision or permit renewal, all the information required by the
federal Act, 30 CFR Subchapter D, the Act and this chapter, any applicable cooperative agreement and all other
applicable laws and regulations including, with respect to leased federal coal, the Mineral Leasing Act and its
implementing regulations. 

"Permit area" means the area of land indicated on the approved map submitted by the permittee with his application,
required to be covered by the permittee's performance bond under Subchapter VJ and which shall include the area of
land upon which the permittee proposes to conduct surface coal mining and reclamation operations under the permit.
The permit area shall include all disturbed areas except that areas adequately bonded under another permit issued
pursuant to this chapter may be excluded from the permit area. 

"Permittee" means a person holding or required by the Act or this chapter to hold a permit to conduct coal
exploration (more than 250 tons) or surface coal mining and reclamation operations issued (a) by the division, (b) by
the director of the OSM pursuant to a federal lands program, or ( c) by the OSM and the division, where a
cooperative agreement pursuant to  45.1-230 B of the Act has been executed. 

"Person" means an individual, Indian tribe when conducting surface coal mining and reclamation operations on non-
Indian lands, partnership, association, society, joint venture, joint stock company, firm, company, corporation,
cooperative or other business organization and any agent, unit, or instrumentality of federal, state or local
government including any publicly owned utility or publicly owned corporation of federal, state or local government. 

"Person having an interest which is or may be adversely affected" or "person with a valid legal interest" shall include
any person: 
     (a) Who uses any resources of economic, recreational, aesthetic, or environmental value that is, or may be,
in fact adversely affected by coal exploration or surface coal mining and reclamation operations or any related action
of the division; or 
     (b) Whose property is, or may be, in fact adversely affected by coal exploration or surface coal mining and
reclamation operations or any related action of the division. 

The term "adversely affected" is further defined as meaning perceptibly harmed. "Aesthetics" means the
consideration of that which is widely regarded to be a visibly beautiful element of a community or area. 

"Piezometer" means a vertical pipe that is established in material, which is closed at the bottom, perforated from the
upper limits of the material to the lower limits of the material, and which permits static water level measurements and
water sampling. 

"Pollution abatement area" means the part of the permit area which is causing or contributing to the baseline
pollution load, which shall include adjacent and nearby areas that must be affected to bring about significant
improvement of the baseline pollution load, and which may include the immediate location of the discharges. 

"Pool Bond fund" means the Coal Surface Mining Reclamation Fund established pursuant to  45.1-270.1 of the Act. 

"Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of
time. It may be expressed in terms of recurrence interval. "Precipitation event" also includes that quantity of water
coming from snow cover as snow melt in a limited period of time. 

"Previously mined area" means land affected by surface coal mining operations prior to August 3, 1977, that has not
been reclaimed to the standards of this chapter. 

"Prime farmland" means those lands which are defined by the Secretary of Agriculture in 7 CFR Part 657 (Federal
Register Vol. 4, No. 21) and which have historically been used for cropland. 

"Principal shareholder" means any person who is the record or beneficial owner of 10%6C or more of any class of
voting stock in a corporation. 

"Professional geologist" means a person who is certified pursuant to Chapter 14 ( 54.1-1400 et seq.) of Title 54.1 of
the Code of Virginia. 

"Prohibited financial interest" means any direct or indirect financial interest in any coal mining operation. 

"Property to be mined" means both the surface property and mineral property within the permit area and the area
covered by underground workings. 

"Public building" means any structure that is owned or leased, and principally used, by a governmental agency for
public business or meetings. 

"Public office" means a facility under the direction and control of a governmental entity which is open to public
access on a regular basis during reasonable business hours. 

"Public park" means an area or portion of an area dedicated or designated by any federal, state, or local agency
primarily for public recreational use, whether or not such use is limited to certain times or days, including any land
leased, reserved, or held open to the public because of that use. 

"Public road" means a road (a) which has been designated as a public road pursuant to the laws of the jurisdiction in
which it is located; (b) which is maintained with public funds, and is constructed, in a manner similar to other public
roads of the same classification within the jurisdiction; and ( c) for which there is substantial (more than incidental)
public use. 

"Publicly owned park" means a public park that is owned by a federal, state or local governmental entity. 

"Qualified laboratory" means a designated public agency, private firm, institution, or analytical laboratory which can
prepare the required determination of probable hydrologic consequences or statement of results of test borings or
core samplings or other services as specified at 4 VAC 25-130-795.9 under the Small Operator Assistance Program
(4 VAC 25-130-795.1 et seq.) and which meets the standards of 4 VAC 25-130-795.10. 

"Reasonably available spoil" means spoil and suitable coal mine waste material generated by the remining operation
or other spoil or suitable coal mine waste material located in the permit area that is accessible and available for use
and that when rehandled will not cause a hazard to public safety or significant damage to the environment. 

"Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to
infiltrate and reach the zone of saturation. 

"Reclamation" means those actions taken to restore mined land as required by this chapter to a postmining land use
approved by the division. 

"Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on the
average. For example, the 10-year, 24-hour precipitation event would be that 24-hour precipitation event expected to
occur on the average once in 10 years. 

"Reference area" means a land unit maintained under appropriate management for the purpose of measuring
vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production
methods approved by the division. Reference areas must be representative of geology, soil, slope, and vegetation in
the permit area. 

"Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or
semi-liquid material. 

"Regulatory program" means the Virginia Coal Surface Mining Control and Reclamation program (Chapter 19 (
45.1-226 et seq.) of Title 45.1 of the Code of Virginia) and rules and regulations approved by the secretary. 

"Remining" means conducting surface coal mining and reclamation operations which affect previously mined areas. 

"Renewable resource lands" means areas which contribute significantly to the long-range productivity of water
supply or of food or fiber products, such lands to include aquifers and aquifer recharge areas. 

"Replacement of water supply" means, with respect to protected water supplies contaminated, diminished or
interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent
to premining quantity and quality. Replacement includes provision of an equivalent water delivery system and
payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining
water supplies. 
     (a) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and
maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the
increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply
owner. 
     (b) If the affected water supply was not needed for the land use in existence at the time of loss,
contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement
requirements may be satisfied by demonstrating that a suitable alternative water source is available and could
feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply
owner. 

"Road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or surface coal
mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed,
shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes access and haul
roads constructed, used, reconstructed, improved, or maintained for use in coal exploration or surface coal mining
and reclamation operations, including use by coal hauling vehicles to and from transfer, processing, or storage areas.
The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine
waste disposal areas. 

"Safety factor" means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of
the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices. 

"Secretary" means the Secretary of the Interior or the secretary's representative. 

"Sedimentation pond" means an impoundment used to remove solids or other pollutants from water in order to meet
water quality standards or effluent limitations before the water leaves the permit area. 

"Self-bond," as provided by Part 801 of this chapter, means: 
     (a) For an underground mining operation, a cognovit note in a sum certain payable on demand to the
Treasurer of Virginia, executed by the applicant and by each individual and business organization capable of
influencing or controlling the investment or financial practices of the applicant by virtue of this authority as an
officer or ownership of all or a significant part of the applicant, and supported by a certification that the applicant
participating in the Pool Bond Fund has a net worth, total assets minus total liabilities equivalent to $1 million. Such
certification shall be by an independent certified public accountant in the form of an unqualified opinion. 
     (b) For a surface mining operation or associated facility, an indemnity agreement in a sum certain payable
on demand to the Treasurer of Virginia, executed by the applicant and by each individual and business organization
capable of influencing or controlling the investment or financial practices of the applicant by virtue of this authority
as an officer or ownership of all or a significant part of the applicant. 

"Significant forest cover" means an existing plant community consisting predominantly of trees and other woody
vegetation. 

"Significant, imminent environmental harm to land, air, or water resources" means: 
     (a) An environmental harm is an adverse impact on land, air, or water resources which resources include,
but are not limited to, plants and animal life. 
     (b) An environmental harm is imminent, if a condition, practice, or violation exists which: 
          (1) Is causing such harm; or 
          (2) May reasonably be expected to cause such harm at any time before the end of the 
 reasonable abatement time that would be set under  45.1-245 B of the Act. 
     ( c) An environmental harm is significant if that harm is appreciable and not immediately reparable. 

"Significant recreational, timber, economic, or other values incompatible with surface coal mining operations" means
those values to be evaluated for their significance which could be damaged by, and are not capable of existing
together with, surface coal mining operations because of the undesirable effects mining would have on those values,
either on the area included in the permit application or on other affected areas. Those values to be evaluated for their
importance include: 
     (a) Recreation, including hiking, boating, camping, skiing or other related outdoor activities; 
     (b) Timber management and silviculture; 
     ( c) Agriculture, aquaculture or production of other natural, processed or manufactured products
 which enter commerce;
     (d) Scenic, historic, archaeologic, aesthetic, fish, wildlife, plants or cultural interests. 

"Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility. 

"Slope" means average inclination of a surface, measured from its horizontal, generally expressed as the ratio of a
unit of vertical distance to a given number of units of horizontal distance (e.g., 1v:5h). It may also be expressed as a
percentage or in degrees. 

"Soil horizons" means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are
differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are: 
     (a) "A horizon." The uppermost mineral layer, often called the surface soil. It is the part of the soil in which
organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest; 
     (b) "E horizon." The layer commonly near the surface below an A horizon and above a B horizon. An E
horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably
less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon
in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these
properties; 
     ( c) "B horizon." The layer that typically is immediately beneath the E horizon and often called the subsoil.
This middle layer commonly contains more clay, iron, or aluminum than the A, E, or C horizons; and 
     (d) "C horizon." The deepest layer of the soil profile. It consists of loose material or weathered rock that is
relatively unaffected by biologic activity. 

"Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of
different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil
surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in 4 VAC 25-
130-785.17( c)(1). 

"Spoil" means overburden that has been removed during surface coal mining operations. 

"Stabilize" means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of
the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface
coating. 

"Steep slope" means any slope of more than 20 degrees or such lesser slope as may be designated by the division
after consideration of soil, climate, and other characteristics of a region or the state. 

"Substantial legal and financial commitments in a surface coal mining operation" means significant investments,
prior to January 4, 1977, have been made on the basis of a long-term coal contract in power plants, railroads, coal-
handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an
existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of
acquiring the coal in place or the right to mine it without an existing mine, as described in the above example, alone
are not sufficient to constitute substantial legal and financial commitments. 

"Substantially disturb" means, for purposes of coal exploration, to significantly impact land or water resources by
blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by
placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove
more than 250 tons of coal. 

"Successor in interest" means any person who succeeds to rights granted under a permit, by transfer, assignment, or
sale of those rights. 

"Surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary
or incidental to the reclamation of such operations. This term includes the term "surface coal mining operations." 

"Surface coal mining operations" means: 
     (a) Activities conducted on the surface of lands in connection with a surface coal mine or, subject to the
requirements of  45.1-243 of the Act, surface operations and surface impacts incident to an underground coal mine,
the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce.
Such activities include excavation for the purpose of obtaining coal, including such common methods as contour,
strip, auger, mountaintop removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ
distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other
processing or preparation of coal. Such activities also include the loading of coal for interstate commerce at or near
the mine site. Provided, these activities do not include the extraction of coal incidental to the extraction of other
minerals, where coal does not exceed 16-2/3%6C of the tonnage of minerals removed for purposes of commercial
use or sale, or coal exploration subject to  45.1-233 of the Act; and, provided further, that excavation for the
purpose of obtaining coal includes extraction of coal from coal refuse piles; and 
     (b) The areas upon which the activities described in paragraph (a) of this definition occur or where such
activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is
incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of
existing roads to gain access to the site of those activities and for haulage and excavation, workings, impoundments,
dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks,
tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon
which are sited structures, facilities, or other property or material on the surface, resulting from or incident to those
activities. 

"Surface coal mining operations which exist on the date of enactment" means all surface coal mining operations
which were being conducted on August 3, 1977. 

"Surface mining activities" means those surface coal mining and reclamation operations incident to the extraction of
coal from the earth by removing the materials over a coal seam, before recovering the coal, by auger coal mining, or
by recovery of coal from a deposit that is not in its original geologic location. 

"Surface operations and impacts incident to an underground coal mine" means all activities involved in or related to
underground coal mining which are either conducted on the surface of the land, produce changes in the land surface
or disturb the surface, air or water resources of the area, including all activities listed in  45.1-229 L of the Act. 

"Surety bond" means an indemnity agreement in a sum certain payable to the Commonwealth of Virginia, Director--
Division of Mined Land Reclamation, executed by the permittee as principal and which is supported by the
performance guarantee of a corporation licensed to do business as a surety in Virginia. 

"Suspended solids" or nonfilterable residue, expressed as milligrams per liter, means organic or inorganic materials
carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by
the Environmental Protection Agency's regulations for waste water and analyses (40 CFR Part 136). 

"Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration or
surface coal mining and reclamation operations and not approved by the division to remain after reclamation as part
of the approved postmining land use. 

"Temporary impoundment" means an impoundment used during surface coal mining and reclamation operations, but
not approved by the division to remain as part of the approved postmining land use. 

"Ton" means 2000 pounds avoirdupois (.90718 metric ton). 

"Topsoil" means the A and E soil horizon layers of the four master soil horizons. 

"Toxic-forming materials" means earth materials, or wastes which, if acted upon by air, water, weathering or
microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental
to biota or uses of water. 

"Toxic mine drainage" means water that is discharged from active or abandoned mines or other areas affected by
coal exploration or surface coal mining and reclamation operations, which contains a substance that through
chemical action or physical effects is likely to kill, injure, or impair plant and animal life commonly present in the
area that might be exposed to it. 

"Transfer, assignment, or sale of permit rights" means a change in ownership or other effective control over the right
to conduct surface coal mining operations under a permit issued by the division. 

"Unanticipated event or condition," as used in 4 VAC 25-130-773.15, means an event or condition related to prior
mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining that
was not contemplated by the applicable permit. 

"Underground development waste" means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone,
limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection
with underground mining activities. 

"Underground mining activities" means a combination of: 
     (a) Surface operations incident to underground extraction of coal or in situ processing, such as construction,
use, maintenance, and reclamation of roads, aboveground repair areas, storage areas, processing areas, shipping
areas, areas upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the
disposal and storage of wastes, and areas on which materials incident to underground mining operations are placed;
and 
     (b) Underground operations such as underground construction, operations, and reclamation of shafts, adits,
underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting. 

"Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of any violation of his
permit or any requirement of the Act or this chapter due to indifference, lack of diligence, or lack of reasonable care,
or failure to abate any violation of such permit, the Act, or this chapter due to indifference, lack of diligence, or lack
of reasonable care. 

"Usable ground water" or "ground water in use" means all ground water which is reasonably able to be used. 

"Valid existing rights" means: 
     (a) Except for haulroads, that a person possesses a valid existing right for an area protected under  45.1-
252 D of the Act on August 3, 1977, if the application of any of the prohibitions contained in that section to the
property interest that existed on that date would effect a taking of the person's property which would entitle the
person to compensation under the Fifth and Fourteenth Amendments to the United States Constitution; 
     (b) For haulroads, 
          (1) A recorded right of way, recorded easement or a permit for a coal haul road recorded
 as of August 3, 1977; or 
          (2) Any other road in existence as of August 3, 1977; 
     ( c) A person possesses valid existing rights if the person proposing to conduct surface coal mining
operations can demonstrate that the coal is both needed for, and immediately adjacent to, an ongoing surface coal
mining operation which existed on August 3, 1977. A determination that coal is "needed for" will be based upon a
finding that the extension of mining is essential to make the surface coal mining operation as a whole economically
viable; 
     (d) Where an area comes under the protection of  45.1-252 D of the Act after August 3, 1977, valid
existing rights shall be found if: 
          (1) On the date the protection comes into existence, a validly authorized surface coal 
 mining operation exists on that area; or 
          (2) The prohibition caused by  45.1-252 D of the Act, if applied to the property interest
 that exists on the date the protection comes into existence, would effect a taking of the person's property which
would entitle the person to just compensation under the Fifth and Fourteenth Amendments to the United States
Constitution. 
     (e) Interpretation of the terms of the document relied upon to establish the rights to which the standard of
paragraphs (a) and (d) of this definition applies shall be based either upon applicable Virginia statutory or case law
concerning interpretation of documents conveying mineral rights or, where no applicable state law exists, upon the
usage and custom at the time and place it came into existence. 

"Valley fill" means a fill structure consisting of any material, other than organic material, that is placed in a valley
where side slopes of the existing valley, measured at the steepest point, are greater than 20 degrees, or where the
average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees. 

"Violation notice" means any written notification from a governmental entity of a violation of law, whether by letter,
memorandum, legal or administrative pleading, or other written communication. 

"Water table" means the upper surface of a zone of saturation, where the body of ground water is not confined by an
overlying impermeable zone. 

"Willful violation" means an act or omission which violates the Act, this chapter, or any permit condition required by
the Act, or this chapter, committed by a person who intends the result which actually occurs. 

Effect of Amendment 
   The December 24, 1997 amendment added definitions for "drinking water supply", "domestic water supply" or
"residential water supply", lands eligible for remining, material damage, noncommercial building, occupied
residential dwelling and structures relating thereto, replacement of water supply, and unanticipated event or
condition. 
   The January 6, 1999 amendment changed the definitions of "other treatment facilities" and "previously mined
areas" to be substantively identical to 30 CFR 701.5, and deleted definitions for "drinking domestic or residential
water supply" and "lands eligible for remining". 
   The May 10, 2000 amendment changed the definition of "government-financed construction" to include projects
funded by a government entity at a level less than 50% when the project is an approved reclamation project under
Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended. 

4 VAC 25-130-700.11.     Applicability.                          {{ 30 CFR 700.11 }}
(a) Except as provided in Paragraph (b) of this section, this chapter applies to all coal exploration and surface coal
mining and reclamation operations, except-- 
     (1) The extraction of coal by a landowner for his own non-commercial use from land owned or leased by
him. Non-commercial use does not include the extraction of coal by one unit of an integrated company or other
business or non-profit entity which uses the coal in its own manufacturing or power plants; 
     (2) The extraction of 250 tons of coal or less by a person conducting a surface coal mining and reclamation
operation. A person who intends to remove more than 250 tons is not exempted; 
     (3) The extraction of coal as an incidental part of Federal, State or local government-financed highway or
other construction in accordance with Part 707; 
     (4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16
⅔ percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale in
accordance with Part 702. 

(b) The division may on its own initiative and shall, within a reasonable time of a request from any person who
intends to conduct surface coal mining operations, make a written determination whether the operation is exempt
under this section. The division shall give reasonable notice of the request to interested persons. Prior to the time a
determination is made, any person may submit, and the division shall consider, any written information relevant to
the determination. A person requesting that an operation be declared exempt shall have the burden of establishing the
exemption. If a written determination of exemption is reversed through subsequent administrative or judicial action,
any person who, in good faith, has made a complete and accurate request for an exemption and relied upon the
determination, shall not be cited for violations which occurred prior to the date of the reversal. 

( c)(1) The division may terminate its jurisdiction under the regulatory program over the reclaimed site of a
completed surface coal mining and reclamation operation, or increment thereof, when: 
          (i) The division determines in writing that under the initial program, all requirements 
 imposed under Chapter 17 ( 45.1-198 et seq.) of Title 45.1 of the Code of Virginia have been successfully
completed; or 
          (ii) The division determines in writing that under the permanent program, all requirements
 imposed under Chapter 19 ( 45.1-226 et seq.) of Title 45.1 of the Code of Virginia have been successfully
completed or, where a performance bond was required, the division has made a final decision in accordance with
Part 800 or 801 of this chapter to release the performance bond fully. 
     (2) Following a termination under Paragraph (d)(1) of this section, the division shall reassert jurisdiction
under this chapter over a site if it is demonstrated that the bond release or written determination referred to in
Paragraph (d)(1) of this section was based upon fraud, collusion, or misrepresentation of a material fact. 
 
4 VAC 25-130-700.12.     Petitions to initiate rule making.           {{ 30 CFR 700.12 }}
(a) Any person may petition to initiate a proceeding for the issuance, amendment, or repeal of any regulation under
the Act. The petition shall be addressed to either the Director of the Division or the Director of the Department and
mailed or submitted to the Division Office at Big Stone Gap. 

(b) The petition shall be a concise statement of the facts, technical justification, and law which requires issuance,
amendment, or repeal of a regulation under the Act and shall indicate whether the petitioner desires a public hearing. 

( c) Upon receipt of the petition, the division shall make a preliminary determination whether the petition sets forth
facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a
regulation. Facts, technical justification or law previously considered in a petition or rule making on the same issue
shall not provide a reasonable basis. The division shall send the preliminary determination to the Director, who may
hold a public hearing, conduct an investigation or take other action to determine whether the petition should be
granted. 

(d) Within 90 days of receipt of the petition, the Director shall issue a written decision to either grant or deny the
petition. 

(e) If the Director grants the petition, he shall initiate a rule making proceeding pursuant to the Virginia 
Administrative Process Act, Chapter 1.1:1 ( 9-6.14:1 et seq.) of Title 9 of the Code of Virginia. If the Director
denies the petition, he shall notify the petitioner in writing, setting forth the reasons for the denial. 

(f) Nothing herein shall be construed as preventing the Director from initiating any rule making proceeding on his
own motion. 
 
4 VAC 25-130-700.14.     Availability of records.                {{ 30 CFR 700.14 }}
(a) Records required by the Act to be made available to the public shall be retained at the division office in Big
Stone Gap. 

(b) Requests for other documents or records in the possession of the division should be made in accordance with the
Virginia Freedom of Information Act, Chapter 21, Title 2.1, Code of Virginia, (1950), as amended. 
 
4 VAC 25-130-700.15.     Computation of time.                    {{ 30 CFR 700.15 }}
(a) Except as otherwise provided, computation of time under this chapter is based on calendar days. 

(b) In computing any period of prescribed time, the day on which the designated period of time begins is not
included. The last day of the period is included unless it is a Saturday, Sunday or legal holiday on which the division
is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday
or legal holiday. 

( c) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of
prescribed time is 7 days or less. 

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 VA. General 
Part 702   Exemption for Coal Extraction Incidental to the Extraction of Other Minerals 

Sec.
4 VAC 25-130-702.5.      Definitions. 
4 VAC 25-130-702.11.     Application requirements and procedures. 
4 VAC 25-130-702.12.     Contents of application for exemption. 
4 VAC 25-130-702.13.     Public availability of information.
4 VAC 25-130-702.14.     Requirements for exemption. 
4 VAC 25-130-702.15.     Conditions of exemption and right of inspection and entry. 
4 VAC 25-130-702.16.     Stockpiling of minerals. 
4 VAC 25-130-702.17.     Revocation and enforcement. 
4 VAC 25-130-702.18.     Reporting requirements.  

4 VAC 25-130-702.5.      Definitions.                       {{ 30 CFR 702.5 }}
As used in this Part, the following terms have the meanings specified, except where otherwise indicated: 

(a) Cumulative measurement period means the period of time over which both cumulative production and
cumulative revenue are measured. 
     (1) For purposes of determining the beginning of the cumulative measurement period, subject to
the division's approval, the operator must select and consistently use one of the following: 
          (i) For mining areas where coal or other minerals were extracted prior to August 3, 1977, 
 the date extraction of coal or other minerals commenced at that mining area or August 3, 1977, or 
          (ii) For mining areas where extraction of coal or other minerals commenced on or after 
 August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever
is earlier. 
     (2) For annual reporting purposes pursuant to 4 VAC 25-130-702.18, the end of the period for
which cumulative production and revenue is calculated is either 
          (i) For mining areas where coal or other minerals were extracted prior to the effective date 
 of this Part, the last date of the calendar quarter during which this Part became effective, and each
anniversary of that day thereafter; or 
          (ii) For mining areas where extraction of coal or other minerals commenced on or after
          the 
 effective date of this Part, the last day of the calendar quarter during which coal extraction commenced,
and each anniversary of that day thereafter. 

(b) Cumulative production means the total tonnage of coal or other minerals extracted from a mining area
during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in
this total is governed by 4 VAC 25-130-702.16. 

( c) Cumulative revenue means the total revenue derived from the sale of coal or other minerals and the
fair market value of coal or other minerals transferred or used, but not sold, during the cumulative
measurement period. 

(d) Mining area means an individual excavation site or pit from which coal, other minerals and overburden
are removed. 

(e) Other minerals means any commercially valuable substance mined for its mineral value, excluding
coal, topsoil, waste and fill material. 
 
4 VAC 25-130-702.11.     Application requirements and procedures.     {{ 30 CFR 702.11 }}
(a)(1) Any person who plans to commence or continue coal extraction after the effective date of this Part,
in reliance on the incidental mining exemption shall file a complete application for exemption with the
division for each mining area. 
     (2) A person may not commence coal extraction based upon the exemption until the division
approves such application, except as provided in Paragraph (e)(3) of this section. 

(b) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon
the incidental mining exemption prior to the effective date of the incidental mining provisions in this
chapter may continue mining operations for 60 days after such effective date. Coal extraction may not
continue after such 60-day period unless that person files an administratively complete application for
exemption with the division. If an administratively complete application is filed within 60 days, the person
may continue extracting coal in reliance on the exemption beyond the 60-day period until the division
makes an administrative decision on such application. 

( c) Additional information. The division shall notify the applicant if the application for exemption is
incomplete and may at any time require submittal of additional information. 

(d) Public comment period. Following publication of the newspaper notice required by 4 VAC 25-130-
702.12(g), the division shall provide a period of no less than 30 days during which time any person having
an interest which is or may be adversely affected by a decision on the application may submit written
comments or objections. 

(e) Exemption determination. 
     (1) No later than 90 days after filing of an administratively complete application, the division shall
make a written determination whether, and under what conditions, the persons claiming the exemption are
exempt under this Part, and shall notify the applicant and persons submitting comments on the application
of the determination and the basis for the determination. 
     (2) The determination of exemption shall be based upon information contained in the application
and any other information available to the division at that time. 
     (3) If the division fails to provide an applicant with the determination as specified in Paragraph
(e)(1) of the section, an applicant who has not begun may commence coal extraction pending a
determination on the application unless the division issues an interim finding, together with reasons
therefor, that the applicant may not begin coal extraction. 

(f) Administrative review. 
     (1) Any adversely affected person may request administrative review of a determination under
Paragraph (e) of this section within 30 days of the notification of such determination in accordance with
procedures established under section 45.1-250 of the Code of Virginia. 
     (2) A petition for administrative review filed under section 45.1-250 of the Code of Virginia shall
not suspend the effect of a determination under Paragraph (e) of this section. 
 
4 VAC 25-130-702.12.     Contents of application for exemption.  {{ 30 CFR 702.12 }}
An application for exemption shall include at a minimum:

(a) The name and address of the applicant; 

(b) A list of the minerals sought to be extracted; 

( c) Estimates of annual production of coal and the other minerals within each mining area over the
anticipated life of the mining operation; 

(d) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be
extracted within the mining area; 

(e) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values
at the time of projected use of the coal and other minerals to be extracted from the mining area; 

(f) The basis for all annual production, revenue, and fair market value estimates; 

(g) A description, including county, and boundaries of the land, of sufficient certainty that the mining areas 
may be located and distinguished from other mining areas; 

(h) An estimate to the nearest acre of the number of acres that will compose the mining area over the
anticipated life of the mining operation; 

(i) Evidence of publication, in a newspaper of general circulation in the county of the mining area, of a
public notice that an application for exemption has been filed with the division (The public notice must
identify the persons claiming the exemption and must contain a description of the proposed operation and
its locality that is sufficient for interested persons to identify the operation.); 

(j) Representative stratigraphic cross-section(s) based on test borings or other information identifying and
showing the relative position, approximate thickness and density of the coal and each other mineral to be
extracted for commercial use or sale and the relative position and thickness of any material, not classified
as other minerals, that will also be extracted during the conduct of mining activities; 

(k) A map of appropriate scale which clearly identifies the mining area; 

(l) A general description of mining and mineral processing activities for the mining area; 

(m) A summary of sales commitments and agreements for future delivery, if any, which the applicant has
received for other minerals to be extracted from the mining area, or a description of potential markets for
such minerals; 

(n) If the other minerals are to be commercially used by the applicant, a description specifying the use; 

(o) For operations having extracted coal or other minerals prior to filing an application for exemption, in
addition to the information required above, the following information must also be submitted: 
     (1) Any relevant documents the operator has received from the division documenting its
exemption from the requirements of the Act; 
     (2) The cumulative production of the coal and other minerals from the mining area; and 
     (3) Estimated tonnages of stockpiled coal and other minerals; and 

(p) Any other information pertinent to the qualification of the operation as exempt. 
. 
4 VAC 25-130-702.13.     Public availability of information.          {{ 30 CFR 702.13 }}
(a) Except as provided in Paragraph (b) of this section, all information submitted to the division under this
Part shall be made immediately available for public inspection and copying at the offices of the division
until at least three years after expiration of the period during which the subject mining area is active. 

(b) The division may keep information submitted under this Part 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 of the persons intending to conduct
operations under this Part. 

( 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. 
 
4 VAC 25-130-702.14.     Requirements for exemption.             {{ 30 CFR 702.14 }}
(a) Activities are exempt from the requirements of this chapter if all of the following are satisfied: 
     (1) The cumulative production of coal extracted from the mining area determined annually as
described in this Paragraph does not exceed 16 ⅔ percent of the total cumulative production of coal
and other minerals removed during such period for purposes of bona fide sale or reasonable commercial
use. 
     (2) Coal is produced from a geological stratum lying above or immediately below the deepest
stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial
use. 
     (3) The cumulative revenue derived from the coal extracted from the mining area determined
annually shall not exceed 50 percent of the total cumulative revenue derived from the coal and other
minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or
the minerals removed are used by the operator or transferred to a related entity for use instead of being
sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the
time of use or transfer and shall be considered rather than revenue. 

(b) Persons seeking or that have obtained an exemption from the requirements of this chapter shall
comply with the following: 
     (1) Each other mineral upon which an exemption under this Part is based must be a commercially
valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will
exist for the mineral in the reasonably foreseeable future, not to exceed twelve months from the end of the
current period for which cumulative production is calculated. A legally binding agreement for the future
sale of other minerals is sufficient to demonstrate the above standard. 
     (2) If either coal or other minerals are transferred or sold by the operator to a related entity for its
use or sale, the transaction must be made for legitimate business purposes. 
 
4 VAC 25-130-702.15.     Conditions of exemption and right of inspection and entry.                           
                         {{ 30 CFR 702.15 }}
A person conducting activities covered by this Part shall: 

(a) Maintain on-site or at other locations available to authorized representatives of the Division and the
Secretary information necessary to verify the exemption including, but not limited to, commercial use and
sales information, extraction tonnages, and a copy of the exemption application and exemption approved
by the division; 

(b) Notify the division upon the completion of the mining operation or permanent cessation of all coal
extraction activities; and 

( c) Conduct operations in accordance with the approved application or when authorized to extract coal
under 4 VAC 25-130-702.11(b) or 4 VAC 25-130-702.11(e)(3) prior to submittal or approval of an
exemption application in accordance with the provisions of this chapter. 

(d) Authorized representatives of the Division and the Secretary shall have the right to conduct inspections
of operations claiming exemption under this Part. 

(e) Each authorized representative of the Division and the Secretary conducting an inspection under this
Part: 
     (1) Shall have a right of entry to, upon, and through any mining an reclamation operations without
advance notice or a search warrant, upon presentation of appropriate credentials; 
     (2) May, at reasonable times and without delay, have access to and copy any records relevant to
the exemption; and 
     (3) Shall have a right to gather physical and photographic evidence to document conditions,
practices or violations at a site. 

(f) No search warrant shall be required with respect to any activity under Paragraphs (d) and (e) of this
section, except that a search warrant may be required for entry into a building. 
 
4 VAC 25-130-702.16.     Stockpiling of minerals.                {{ 30 CFR 702.16 }}
(a) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production
until the time of its sale, transfer to a related entity or use: 
     (1) Up to an amount equaling a 12-month supply of the coal required for future sale, transfer or
use as calculated based upon the average annual sales, transfer and use from the mining area over the
two preceding years; or 
     (2) For a mining area where coal has been extracted for a period of less than two years, up to an
amount that would represent a 12-month supply of the coal required for future sales, transfer or use as
calculated based on the average amount of coal sold, transferred or used each month. 

(b) Other minerals. 
     (1) The division shall disallow all or part of an operator's tonnages of stockpiled other minerals for
purposes of meeting the requirements of this Part if the operator fails to maintain adequate and verifiable
records of the mining area of origin, the disposition of stockpiles or if the disposition of the stockpiles
indicates the lack of commercial use or market for the minerals. 
     (2) The division may only allow an operator to utilize tonnages of stockpiled other minerals for
purposes of meeting the requirements of this Part if: 
          (i) The stockpiling is necessary to meet market conditions or is consistent with generally 
 accepted industry practices; and 
          (ii) Except as provided in Paragraph (b)(3) of this section, the stockpiled other minerals do 
 not exceed a 12-month supply of the mineral required for future sales as approved by the division on the
basis of the exemption application. 
     (3) The division may allow an operator to utilize tonnages of stockpiled other minerals beyond the
12-month limit established in Paragraph (b)(2) of this section if the operator can demonstrate to the
division's satisfaction that the additional tonnage is required to meet future business obligations of the
operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals. 
     (4) The division may periodically revise the other mineral stockpile tonnage limits in accordance
with the criteria established by Paragraphs (b)(2) and (3) of this section based on additional information
available to the division. 
 
4 VAC 25-130-702.17.     Revocation and enforcement.             {{ 30 CFR 702.17 }}
(a) The division shall conduct an annual compliance review of the mining area, utilizing the annual report
submitted pursuant to 4 VAC 25-130-702.18, an on-site inspection and any other information available to
the division. 

(b) If the division has reason to believe that a specific mining area was not exempt under the provision of
this Part at the end of the previous reporting period, is not exempt, or will be unable to satisfy the
exemption criteria at the end of the current reporting period, the division shall notify the operator that the
exemption may be revoked and the reason(s) therefore. The exemption will be revoked unless the
operator demonstrates to the division within 30 days that the mining area in question should continue to be
exempt. 

( c)(1) If the division finds that an operator has not demonstrated that activities conducted in the mining
area qualify for the exemption, the division shall revoke the exemption and immediately notify the operator
and intervenors. If a decision is made not to revoke an exemption, the division shall immediately notify the
operator and intervenors. 
     (2) Any adversely affected person may request administrative review of a decision whether to
revoke an exemption within 30 days of the notification of such decision in accordance with procedures
established under section 45.1-250 of the Code of Virginia. 
     (3) A petition for administrative review filed under section 45.1-250 of the Code of Virginia shall
not suspend the effect of a decision whether to revoke an exemption. 

(d)(1) An operator mining in accordance with the terms of an approved exemption shall not be cited for
violations of this chapter which occurred prior to the revocation of the exemption. 
     (2) An operator who does not conduct activities in accordance with the terms of an approved
exemption and knows or should know such activities are not in accordance with the approved exemption
shall be subject to direct enforcement action for violations of this chapter which occur during the period of
such activities. 
     (3) Upon revocation of an exemption or denial of an exemption application, an operator shall stop
conducting surface coal mining operations until a permit is obtained and shall comply with the reclamation
standards of this chapter with regard to conditions, areas and activities existing at the time of revocation or
denial. 
 
4 VAC 25-130-702.18.     Reporting requirements.            {{ 30 CFR 702.18 }}
(a)(1) Following approval by the division of an exemption for a mining area, the person receiving the
exemption shall, for each mining area, file a written report annually with the division containing the
information specified in Paragraph (b) of this section. 
     (2) The report shall be filed no later than 30 days after the end of the 12-month period as
determined in accordance with the definition of "cumulative measurement period" in 4 VAC 25-130-702.5. 
     (3) The information in the report shall cover: 
          (i) Annual production of coal and other minerals and annual revenue derived from coal 
 and other minerals during the preceding 12-month period, and 
          (ii) The cumulative production of coal and other minerals and the cumulative revenue 
 derived from coal and other minerals. 

(b) For each period and mining area covered by the report, the report shall specify: 
     (1) The number of tons of extracted coal sold in bona fide sales and total revenue derived from
such sales; 
     (2) The number of tons of coal extracted and used or transferred by the operator or related entity
and the estimated total fair market value of such coal; 
     (3) The number of tons of coal stockpiled; 
     (4) The number of tons of other commercially valuable minerals extracted and sold in bona fide
sales and total revenue derived from such sales; 
     (5) The number of tons of other commercially valuable minerals extracted and used or transferred
by the operator or related entity and the estimated total fair market value of such minerals; and 
     (6) The number of tons of other commercially valuable minerals removed and stockpiled by the
operator. 

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 VA. General 
Part 705   Restrictions on Financial Interests of State Employees

Sec. 
4 VAC 25-130-705.4.      Responsibility. 
4 VAC 25-130-705.11.     Who shall file. 
4 VAC 25-130-705.13.     When to file. 
4 VAC 25-130-705.15.     Where to file.
4 VAC 25-130-705.17.     What to report. 
4 VAC 25-130-705.19.     Resolving prohibited interests. 
4 VAC 25-130-705.21.     Appeals procedures. 
4 VAC 25-130-705.22.     Penalties for failure to file disclosure statements. 
4 VAC 25-130-705.23.     Other state and local government agencies. 
4 VAC 25-130-705.24.     Confidentiality and access to disclosure statements.
4 VAC 25-130-705.25.     Gifts and gratuities. 

4 VAC 25-130-705.4.      Responsibility.                    {{ 30 CFR 705.4 }}
(a) The Director shall: 
     (1) Provide advice, assistance, and guidance to all State employees required to file statements
pursuant to 4 VAC 25-130-705.11; 
     (2) Inform annually each State employee required to file a statement with the Director of the
name, address, and telephone number of the person who may be contacted for advice and counseling; 
     (3) Furnish a blank statement 45 days in advance of the filing date established by 4 VAC 25-130-
705.13(a) to each State employee required to file a statement; 
     (4) Promptly review the statement of employment and financial interest and supplements, if any,
filed by each employee, to determine if the employee has correctly identified those listed employment and
financial interests which constitute a direct or indirect financial interest in an underground or surface coal
mining operation; 
     (5) Resolve prohibited financial interest situations by ordering or initiating remedial action or by
reporting the violation to the Director of the OSM; 
     (6) Certify on each statement that review has been made, that prohibited financial interests, if any,
have been resolved, and that no other prohibited interests have been identified from the statement; 
     (7) Submit to the Director of the OSM such statistics and information as the Director of the OSM
may request to enable the preparation of the required annual report to Congress; 
     (8) Submit to the Director of the OSM, the initial listing and the subsequent annual listing of
positions as required by 4 VAC 25-130-705.11(b), ( c), and (d). 

(b) Employees performing any duties or functions under the Act shall: 
     (1) Have no direct or indirect financial interest in coal mining operations; 
     (2) File a fully completed statement of employment and financial interest annually on the specified
filing date; and 
     (3) Comply with directives from persons responsible for approving statements or ordering
remedial action. 

ATTORNEY GENERAL OPINIONS 
     The statute authorizing these regulations does not confer on the agency the power to require
annual certification by an independent certified public accountant that an operator which has given a
reclamation bond without surety is able to meet its obligations under the proposed reclamation plan; the
statute merely permits the acceptance of such a bond if the operator meets the net-worth standard set out
in the statute, and the statute does not permit consideration of the assets of the parent where the operator
is a subsidiary corporation. 1984-1985 Va.Rep.Atty.Gen.179. 

4 VAC 25-130-705.11.     Who shall file.                         {{ 30 CFR 705.11 }}
(a) Any employee who performs any function or duty under the Act is required to file a statement of
employment and financial interests. An employee who occupies a position which has been determined by
the Director not to involve performance of any function or duty under the Act or who is no longer employed
by the Department at the time a filing is due, is not required to file a statement. 

(b) The Director shall prepare: 
     (1) A list of those divisions, offices and sections within the Department which do not perform any
functions or duties under the Act; and 
     (2) A list of the positions not performing functions or duties under the Act for only those divisions,
offices and sections that do have employees performing functions or duties under the Act. 

( c) Only those employees who are employed in a listed division office or section, or who occupy a listed
position will be exempted from the filing requirements of these regulations. 

(d) The Director shall submit these lists to the Director of the OSM, together with written justification for
inclusion of the positions and the organizations listed. 

(e) The Director shall review and update these lists annually. The Director may revise these lists by the
addition or deletion of positions and organizations at any time he determines such revisions are required
to carry out the purposes of the Act or these regulations. Proposed revisions or certification that revision is
not required shall be submitted to the Director of the OSM no later than September 30 of each year.
Additions to and deletions from the list of positions are effective upon notification to the incumbents of the
positions added or deleted. 
 
4 VAC 25-130-705.13.     When to file.                      {{ 30 CFR 705.13 }}
(a) Employees performing functions or duties under the Act shall file annually on February 1 of each year
or at such other date as may be specified by the Director with the concurrence of the OSM. 

(b) New employees hired, appointed, or transferred to perform functions or duties under the Act will be
required to file at the time of entrance to duty. 

( c) New employees are not required to file an annual statement on the subsequent annual filing date if
this date occurs within two months after their initial statement was filed. 
 
4 VAC 25-130-705.15.     Where to file.                          {{ 30 CFR 705.15 }}
The Director shall file his statement with the OSM. All other employees, as provided in 4 VAC 25-130-
705.11, shall file their statement with the Director. 
 
4 VAC 25-130-705.17.     What to report.                    {{ 30 CFR 705.17 }}
(a) General. Each employee shall report all information required on the statement of employment and
financial interests for the employee, the employee's spouse, minor children or other relatives who are full-
time residents of the employee's home. The report shall be on OSM form 705-1 provided by the OSM. The
statement consists of three major parts, (1) a listing of all financial interests, including employment,
security, real property, creditor and other financial interests held during the course of the preceding year,
(2) a certification that none of the listed financial interests represent a direct or indirect financial interest in
an underground or surface coal mining operation except as specifically identified and described by the
employee as part of the certificate, and (3) a certification by the reviewer that the form was reviewed, that
prohibited interests have been resolved, and that no other prohibited interests have been identified from
the statement. 

(b) Listing of all financial interest. The statement will set forth the following information regarding any
financial interest: 
     (1) "Employment." Any continuing financial interests in business entities and non-profit
organizations through a pension or retirement plan, shared income, salary or other income arrangement
as a result of prior or current employment. Pension or retirement plans with a guaranteed income need not
be reported. A guaranteed income is one which is unlikely to be changed as a result of actions taken by
the division. 
     (2) "Securities." Any financial interest in business entities and non-profit organizations through
ownership of stock, stock options, bonds, securities or other arrangements including trusts. An employee
is not required to report holdings in widely diversified mutual funds, investment clubs or regulated
investment companies not specializing in underground and surface coal mining operations. 
     (3) "Real Property." Ownership, lease, royalty or other interests or rights in lands or minerals.
Employees are not required to report lands developed and occupied for a personal residence. 
     (4) "Creditors." Debts owed to business entities and non-profit organizations. Employees are not
required to report debts owed to financial institutions (banks, savings and loan associations, credit unions,
and the like) which are chartered to provide commercial or personal credit. Also excluded are charge
accounts and similar short term debts for current and ordinary household and living expenses. 

( c) Employee certification, and, if applicable, a listing of exceptions. 
     (1) The statement will provide for a signed certification by the employee that to the best of his
knowledge, (i) none of the listed financial interests represent an interest in an underground or surface coal
mining operation except as specifically identified and described as exceptions by the employee as part of
the certificate, and (ii) the information shown on the statement is true, correct, and complete. 
     (2) An employee is expected to have complete knowledge (i) of personal involvement in business
enterprises such as a sole proprietorship and partnership, his outside employment and the outside
employment of the spouse and other covered relatives, and (ii) of other corporate or business reports
routinely circulated to investors or routinely made available to the public. 
     (3) The exceptions shown in the employee certification of the form must provide enough
information for the Director to determine the existence of a direct or indirect financial interest. Accordingly,
the exceptions should: 
          (i) List the financial interests; 
          (ii) Show the number of shares, estimated value or annual income of the financial 
 interests; and 
          (iii) Include any other information which the employee believes should be considered in 
 determining whether or not the interest represents a prohibited interest. 
     (4) Employees are cautioned to give serious consideration to their direct and indirect financial
interests before signing the statement of certification. Signing the certification without listing known
prohibited financial interests may be cause for imposing the penalties prescribed by law. 
 
4 VAC 25-130-705.19.     Resolving prohibited interests.         {{ 30 CFR 705.19 }}
(a)(1) If an employee has a prohibited financial interest, the Director shall promptly notify the employee in
writing, that remedial action which will resolve the prohibited interest is required within 90 days. 
     (2) Remedial action may include: 
          (i) Reassignment of the employee to a position which performs no function or duty under 
 the Act, or 
          (ii) Divestiture of the prohibited financial interest, or 
          (iii) Other appropriate action which either eliminates the prohibited interest or eliminates 
 the situation which creates the conflict. 
     (3) If 90 days after an employee is notified to take remedial action that employee is not in
compliance with the requirements of the Act and these regulations, the Director shall report the facts of
the situation to the Director of the OSM, who, pursuant to Federal regulations is required to determine
whether action to impose penalties prescribed under section 517(g) of the Federal Act should be initiated.
The report to the Director of the OSM shall include the original or a certified true copy of the employee's
statement and any other information pertinent to the determination, including a statement of action being
taken at the time the report is made. 

(b)(1) If it is determined that the Director has a prohibited financial interest, the Director will comply with
remedial action recommended by the OSM within 90 days of notification from the Governor or other State
official chosen by the OSM to give notification of such recommended remedial action. 
     (2) Remedial action should be consistent with the procedures prescribed for other State
employees by 4 VAC 25-130-705.19(a)(2). 

( c) The Director shall take steps to assure that employees are notified of additional remedial action to be
taken pursuant to recommendations from the OSM and that such actions are carried out. 
 
4 VAC 25-130-705.21.     Appeals procedures.                     {{ 30 CFR 705.21 }}
(a) Employees shall have the right to appeal a notification for remedial action under 4 VAC 25-130-705.19
and shall have 30 days to exercise this right before remedial action is initiated. 

(b) An appeal shall be in writing on a standard State grievance form, which shall be submitted in
accordance with the procedure specified in Part B of the First Step (Supervisor level) of the State
Grievance Procedure. The appeal shall proceed as a grievance in accordance with the State Grievance
Procedure, which shall apply for the purposes of appeal under this section to all employees including
managerial employees, except agency heads and probationary employees. Nothing in the State Grievance
Procedure, however, shall prevent the Director from reporting on the situation to the OSM, nor preclude
the OSM from taking its own action against employees. 
 
4 VAC 25-130-705.22.     Penalties for failure to file disclosure statements. 
Any employee who fails to file the disclosure statement required under 4 VAC 25-130-705.17 will be
subject to removal from his position, and dismissal from the Department. 
 
4 VAC 25-130-705.23.     Other state and local government agencies. 
(a) The head of each State or local government agency which performs any function or duty under the Act,
pursuant to a memorandum of agreement with the Department, or other authorization, shall, prior to such
agency commencing functions or duties under the Act, prepare a list of positions within the agency which
perform, or will perform, functions or duties under the Act, and shall submit this list to the Director and
shall certify that the list contains all positions within the agency which will be performing functions or duties
under the Act. 

(b) Each employee who occupies a position listed pursuant to Subsection (a) of this section, shall, prior to
commencing any function or duty under the Act, complete a statement of employment and financial
interest in accordance with 4 VAC 25-130-705.17 and shall file the statement with the head of the
employee's agency. Each such employee shall also complete and file a statement annually, in accordance
with 4 VAC 25-130-705.13. 

( c) The head of each State or local agency having positions listed pursuant to Subsection (a) of this
section shall be responsible for insuring that each employee who occupies a listed position within the
agency receives a form for the statement of employment and financial interest, and that the employee
completes the statement. The head of the agency shall collect all completed statements and shall submit
them to the Director and shall certify that all employees occupying listed positions have completed and
filed the required statement. 

(d) The Director shall review the statements and if he finds that there are prohibited financial interests, he
shall notify the head of the agency of the employee having the prohibited financial interest. The head of
the agency shall promptly notify the employee and take action in accordance with 4 VAC 25-130-705.19 to
resolve the prohibited interest within 90 days of notification to the employee. The head of the agency shall
report the result of such actions to the Director. If the employee is not in compliance by the end of the 90-
day period, then the Director shall report the facts of the situation to the OSM, and shall take such other
steps, including termination or modification of any memorandum of agreement as he deems appropriate. 

(e) Members of boards or commissions of other State or local government agencies which perform
functions or duties under the Act shall complete and file a statement of employment and financial interest,
if such members perform duties or functions under the Act, such as, but not limited to, the adoption of
regulations, the issuances of certificates or permits, and the determination of contested cases. 

(f) The phrase "performing any function or duty under the Act" as used in this section, shall be construed
to mean those functions or duties under the Act which would have been performed by employees of the
Department in the absence of a memorandum of agreement between the Department and another State
or local government agency or similar authorization. 
 
4 VAC 25-130-705.24.     Confidentiality and access to disclosure statements.
(a) The provisions of the Privacy Protection Act of 1976 (Chapter 26 (2.1-377 et seq.) of Title 2.1 of the
Code of Virginia shall apply to statements and information obtained pursuant to these regulations. 

(b) All statements of employment and financial interest which are filed pursuant to these regulations, and
the information shown thereon, shall be maintained only for the purposes of determining whether there are
any direct or indirect financial interests in violation of Section 45.1-231 of the Act, and Section 517(g) of
the Federal Act. No other use is authorized. 

( c) Access to such statements and information shall be restricted to personnel of the Department and of
the U.S. Department of the Interior, and State and Federal enforcement authorities (including the U.S.
Justice Department) for the purposes for which the information was collected. Access among personnel of
the Department shall be further restricted to only those persons specified by the Director as having regular
access to the statements and information. 

(d) All such statements and information shall be maintained separate and apart from personnel records
and other records to which the public could have access. 

(e) The filing and information system where such statements and information are stored shall be identified
as restricted access and secured against unauthorized access. The Director shall designate a custodian
for records maintained in the Division's Office in Big Stone Gap, and another custodian for records
maintained in the Department's Offices in Richmond. The duties of these custodians shall be to maintain
restricted access and security for their respective records. 

(f) Whenever any employee ceases to occupy a listed position which requires the filing of a statement of
employment and financial interest, all such statements then on file from such employee shall be returned
to the employee and all information systems purged of the data provided by such statements upon request
of the employee. In addition, the custodian of the records where such statements are maintained shall
periodically update the records by purging them of statements and information pertaining to employees
who no longer occupy listed positions. 
 
4 VAC 25-130-705.25.     Gifts and gratuities.                   {{ 30 CFR 705.18 }}
(a) Except as provided in Paragraph (b) of this section, employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or other similar item of monetary value, from a coal
company which: 
     (1) Conduts or is seeking to conduct, operations or activities that are regulated under the Act; or 
     (2) Has interests that may be substantially affected by the performance or non-performance of the
employee's official duty. 

(b) The prohibitions in Paragraph (a) of this section do not apply in the context of obvious family or
personal relationships, such as those between the parents, children, or spouse of the employee and the
employee, when the circumstances make it clear that it is those relationships rather than the business of
the persons concerned which are the motivating factors. An employee may accept: 
     (1) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a
luncheon, dinner, or other meeting where an employee may properly be in attendance; and 
     (2) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars
and other items of nominal value. 

( c) Any employee who violates the provisions of this section shall be subject to dismissal, demotion or
suspension from his position of employment, and to such fines and punishments as may be provided by
law. An employee may appeal a dismissal, demotion or suspension under this Subsection in accordance
with the State Grievance Procedure.
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 VA. General 
Part 707    Exemption for Coal Extraction Incident to Government-Financed Highway Or Other
     Construction 

Sec.
4 VAC 25-130-707.11.     Applicability. 
4 VAC 25-130-707.12.     Information to be maintained on site. 

4 VAC 25-130-707.11.     Applicability.                          {{ 30 CFR 707.11 }}
(a) Extraction of coal which is an incidental part of government-financed construction is exempt from the
Act and this chapter. 

(b) Any person who conducts or intends to conduct coal extraction which does not satisfy Paragraph (a) of
this section shall not proceed until a permit has been obtained from the division. 
 
4 VAC 25-130-707.12.     Information to be maintained on site.        {{ 30 CFR 707.12 }}
Any person extracting coal incident to government-financed highway or other construction who extracts
more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction
operation and available for inspection, documents which show-- 

(a) A description of the construction project; 

(b) The exact location of the construction, right-of-way or the boundaries of the area which will be directly
affected by the construction; and 

( c) The government agency which is providing the financing and the kind and amount of public financing,
including the percentage of the entire construction costs represented by the government financing.