Part 762. Criteria for Designating Areas As Unsuitable for Surface Coal Mining Operations
4VAC25-130-762.1. Scope and responsibility.
This Part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations. The Director and the division shall use the criteria in this Part for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes
Derived from VR480-03-19 § 762.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.
4VAC25-130-762.11. Criteria for designating lands as unsuitable.
(a) Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Director determines that reclamation is not technologically and economically feasible under the Act and this chapter.
(b) Upon petition, an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will:
(1) Be incompatible with existing Federal, State or local land use plans or programs;
(2) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems;
(3) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or
(4) Affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes
Derived from VR480-03-19 § 762.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987, July 22, 1987, November 25, 1987, October 12, 1988, December 26, 1990, July 1, 1991, July 17, 1991, November 20, 1991, July 7, 1992, May 5, 1993, and October 19, 1994.
4VAC25-130-762.13. Land exempt from designation as unsuitable for surface coal mining operations.
The requirements of this Part do not apply to:
(a) Lands on which surface coal mining operations were being conducted on August 3, 1977;
(b) Lands covered by a permit issued under the Act; or
(c) Lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes
Derived from VR480-03-19 § 762.13, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984, June 22, 1984, August 2, 1984, October 16, 1985, January 7, 1987, July 22, 1987, November 25, 1987, October 12, 1988, December 26, 1990, July 1, 1991, July 17, 1991, November 20, 1991, July 7, 1992, May 5, 1993, and October 19, 1994.
4VAC25-130-762.14. Exploration on land designated as unsuitable for surface coal mining operations.
Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to § 45.2-1028 of the Act and this Subchapter does not prohibit coal exploration operations in the area, if conducted in accordance with the Act, this chapter, and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the division under Part 772 to ensure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining operations.
Statutory Authority
§ 45.2-103 of the Code of Virginia.
Historical Notes
Derived from VR480-03-19 § 762.14, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984, June 22, 1984, August 2, 1984, October 16, 1985, January 7, 1987, July 22, 1987, November 25, 1987, October 12, 1988, December 26, 1990, July 1, 1991, July 17, 1991, November 20, 1991, July 7, 1992, May 5, 1993, and October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.