Section 130. Correction requirements

A. Prior to drilling any vertical ventilation hole into a minable coal seam being actively mined within 500 feet of where the hole will penetrate the seam, the permittee shall conduct an inclination survey to determine whether the deviation of the hole exceeds one degree from true vertical. If necessary, the permittee shall then correct the hole to within one degree of true vertical, unless a variance is obtained from the chief as specified in 4VAC25-101-120.

B. The chief may grant a variance to the correction requirements contained in 4VAC25-101-120 or this section only after the permittee and the owners or operators of any minable coal seams penetrated by the vertical ventilation hole have jointly submitted a written request for a variance. The request shall state that the conduction of a directional survey or the correction of the hole is not needed to protect the safety of persons engaged in active coal mining.

C. The chief may require the permittee to conduct a directional survey if determined that the lack of assurance of the horizontal location of the hole may pose a danger to persons engaged in active coal mining.

D. All mining operations affected by the vertical ventilation hole shall be furnished, within 30 days, a copy of the completed survey and its interpretations.

Historical Notes

Derived from Volume 17, Issue 20, eff. July 18, 2001.

Statutory Authority

§§ 45.1-161.3, 45.1-161.106, 45.1-161.121, 45.1-161.254 and 45.1-161.292 of the Code of Virginia.