Section 817.57. Hydrologic balance; stream buffer zones

(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the division specifically authorizes underground mining activities closer to, or through, such a stream. The division may authorize such activities only upon finding that -

(1) Underground mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(2) If there will be a temporary or permanent stream channel diversion, it will comply with 4VAC25-130-817.43.

(b) The area not to be disturbed shall be designated a buffer zone, and the permittee shall mark it as specified in 4VAC25-130-817.11.

Historical Notes

Derived from VR480-03-19 § 817.57, 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.