Section 210. Identifying plugged holes; plugging affidavit

A. Plugged holes shall be permanently marked in a manner as follows:

1. The marker shall extend not less than 30 inches above the surface and enough below the surface to make the marker permanent.

2. The marker shall indicate the permittee's name, the hole name, the hole number and date of plugging.

B. A permittee may apply for a variance from the chief to use alternate permanent markers. Such alternate markers shall provide sufficient information for locating the plugged hole. Provisions shall also be made to provide for the physical detection of the plugged hole from the surface by magnetic or other means.

C. When any hole has been plugged or replugged in accordance with this section, two persons experienced in plugging holes who participated in the plugging of a hole shall complete a plugging affidavit on a form prescribed by the chief, or equivalent thereof, setting forth the time and manner in which the hole was plugged and filled and a permanent marker was placed.

D. One copy of the plugging affidavit shall be retained by the permittee, one shall be mailed to any coal owner or operator on the tract where the hole is located, and one shall be filed with the division within 30 days after the day the hole was plugged.

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.