Section 430. Completion of active mining

A. Except as provided in subsection B of this section, a mining operation, where no mineral has been removed or overburden removed or regraded for a period of 12 consecutive months, shall be declared complete and total reclamation shall begin.

B. At the option of the operator and with the director's concurrence, an operation may remain under permit for an indefinite period during which no mineral or overburden is removed if the following conditions are met to the director's satisfaction:

1. All disturbed areas are reclaimed to prevent erosion and sedimentation in accordance with mining plans and proper engineering practices.

2. All drainage structures such as culverts and ditches are constructed and maintained in accordance with mining plans and proper engineering practices.

3. All vegetation is maintained, including reseeding if necessary.

4. All improvements on site, including machinery and equipment, are maintained in a state of good repair and condition.

If the above conditions are not met, the permit may be revoked by the director in accordance with § 45.1-186.1 of the Code of Virginia.

Historical Notes

Derived from Volume 19, Issue 24, eff. September 11, 2003.

Statutory Authority

§§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.