Part 877. Rights of Entry
4VAC25-130-877.11. Written consent for entry.
Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power will be undertaken only after reasonable efforts have been made to obtain written consent.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes
Derived from VR480-03-19 § 877.11, 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; October 19, 1994.
4VAC25-130-877.13. Entry and consent to reclaim.
(a) The Director or his authorized agents, or contractors may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained.
(b) If consent is not obtained, then, prior to entry under this section, the Director shall find in writing, with supporting reasons that-
(1) Land or water resources have been or may be adversely affected by past coal mining practices;
(2) The adverse effects are at a state where, in the interest of the public health, safety, or the general welfare, action to restore, reclaim, abate, control, or prevent should be taken; and
(3) The owner of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices is not known or readily available, or the owner will not give permission for the Director or his authorized agents, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the effects of past coal mining practices.
(c) If consent is not obtained, the Director shall give notice of his intent to enter for purposes of conducting reclamation at least 30 days before entry upon the property. The notice shall be in writing and shall be mailed, return receipt requested, to the owner, if known, with a copy of the findings required by this section. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required by this section may be inspected or obtained.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes
Derived from VR480-03-19 § 877.13, 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; October 19, 1994.
4VAC25-130-877.14. Entry for emergency reclamation.
(a) The Director may enter into agreements with the Secretary of the Interior for the emergency restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices. The Director, his authorized agents, or contractors shall have the right to enter upon any land where an emergency exists and on any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices and to do all things necessary to protect the public health, safety, or general welfare.
(b) Prior to entry under this section, the Director shall make a written finding with supporting reasons that the situation qualifies as an emergency in accordance with the requirements set out in Section 410 of the Federal Act.
(c) Notice to the owner shall not be required prior to entry for emergency reclamation. The Director shall make reasonable efforts to notify the owner and obtain consent prior to entry, consistent with the emergency conditions that exist. Written notice shall be given to the owner as soon after entry as practical in accordance with the requirements of 4VAC25-130-877.13(c).
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes
Derived from VR480-03-19 § 877.14, 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; October 19, 1994.