Code of Virginia

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Code of Virginia
Title 45.2. Mines, Minerals, and Energy
Chapter 11. Mineral Mine Safety Act
10/1/2022

§ 45.2-1131. Maps of mines required to be made; contents; extension and preservation; use by Department; release; posting of map.

A. Prior to commencing mining activity, the licensed operator of a mineral mine or his agent shall submit, unless already submitted, an accurate map of such mine. The scale of such map shall be stated thereon and shall be between 100 feet and 400 feet to the inch. Such map shall show the openings or excavations, shafts, slopes, entries, headings, rooms, pillars, permanent explosive magazines, permanent fuel storage facilities, and airways with darts or arrows showing direction of air currents. Such map shall also show any portion of such mine that has been abandoned and any portion of the property lines and the outcrop of the mineral of the tract of land on which the mine is located that are located within 1,000 feet of any part of the workings of such mine. For an underground mine only, such map shall show the general inclination of the mineral strata.

B. The licensed operator of such mine shall annually, beginning on the anniversary date of the mine permit issued pursuant to Chapter 12 (§ 45.2-1200 et seq.) and continuing while the mine is in operation, cause such map to be extended so as to accurately show the progress of the workings, and the property lines and outcrop as described in subsection A, and shall forward such updated map to the Department to be kept on record, subject to the conditions stated in subsection D. If there are no changes in the information required by this section, the licensed operator shall not be required to submit an updated map to the Department.

C. Each map required pursuant to this section shall be filed and preserved among the records of the Department. The Department shall make such map available at a reasonable cost to any person owning, leasing, or residing on or having an equitable interest in any surface area or coal or mineral interest within 1,000 feet of such mining operation upon written proof satisfactory to the Director and upon a sworn affidavit that such person requesting a map has the required legal or equitable interest. However, the Director shall provide to such person only that portion of the map that abuts or is contiguous to the property in which such requesting party has a legal or equitable interest. In no case shall any copy of such map be made for any person who does not possess the required legal or equitable interest without the consent of the licensed operator or his agent. The Director shall promptly deliver notice of such request to the licensed operator of such mining operation.

D. The original version of a map required by this section, or a true copy thereof, shall be kept by the licensed operator at the active mine, open at all reasonable times for the examination and use of the mine inspector.

E. Copies of the maps required pursuant to this section shall be made available at a reasonable cost to the governing body of any locality in which the mine is located upon written request; however, such copies shall be provided on the condition that they not be released to any person who does not have a legal or equitable interest in any surface area or mineral interest within 1,000 feet of the mining operation without the written consent of the licensed operator or his agent. The governing body shall promptly deliver notice of any such request for a copy of a map to the licensed operator or his agent.

1997, c. 390, § 45.1-161.292:37; 1998, c. 695; 2021, Sp. Sess. I, c. 387.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.