Section 785.15. Steep slope mining

(a) This section applies to any person who conducts or intends to conduct steep slope surface coal mining and reclamation operations, except:

(1) Where a permittee proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;

(2) Where a person obtains a permit under the provisions of 4VAC25-130-785.14, or

(3) To the extent that a person obtains a permit incorporating a variance under 4VAC25-130-785.16.

(b) Any application for a permit for surface coal mining and reclamation operations covered by this section shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of 4VAC25-130-816.107.

(c) No permit shall be issued for any operations covered by this section, unless the division finds, in writing, that in addition to meeting all other requirements of this Subchapter, the operation will be conducted in accordance with the requirements of 4VAC25-130-816.107.

Historical Notes

Derived from VR480-03-19 § 785.15, 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.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.