CHAPTER 752

An Act to amend and reenact §§ 45.1-162, 45.1-168, 45.1-165, 45.1-167
and 45.1-168 of the Code of Virginia, relating to the following pro-
visions of coal strip mining; definitions; permits, fees therefor and
the prerequisites of plan and bond; the requirements of a bond;
additional bond, inspection and approval of reclamation prior to re-
turn or forfeiture of bond.

[H 695]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 45.1-162, 45.1-168, 45.1-165, 45.1-167 and 45.1-168 of the
Code of Virginia be amended and reenacted as follows:

§ 45.1-162. Definitions.—The following words and phrases when used
in this chapter shall have the meanings respectively ascribed to them in
this section except where the context clearly requires a different meaning:

(a) “Strip mining’”.—All or any part of the process * followed in
the production of coal by strip, auger or other mining methods which
require a new cut or removal of overburden in order to recover coal.

(b) “Disturbed land’’—The areas from which overburden has been
removed in coal mining operations, plus the area covered by the spoil,
plus any areas used in such mining operations which by virtue of their
use are susceptible to excess erosion. Access roads serving as fire breaks
whose purpose is primarily for fire fighting or continued use are excluded
from this definition, but the banks thereof are included.

(c) “Overburden”.—All of the earth and other material which lie
above a natural deposit of coal and also other materials after removal
from their natural state in the process of strip mining.

(d) “Spoil bank”.—A deposit of removed overburden.

(e) “Operator’—Any individual, group of individuals, corporation,
partnership, business trust, association or any other legal entity which
is engaged in strip mining and which disturbs more than one-quarter
acre of land or removes, or intends to remove, more than one hundred
tons of coal in any twelve month period from any such land by such
strip mining.

(f) “Director’.—The Director of the Department of Conservation
and Economic Development.

(g) “Department”.—The Department of Conservation and Economic
Development.
(h) “Division’.—The Division of Mines of the Department of Labor
and Industry.

(i) “Chief”.—Chief of the Division of Mines.

§ 45.1-163. Permit required; fee; application for permit; approval
of plan for reclamation and bond prerequisites to issuance of permit.—
It shall be unlawful for any person or operator to engage in strip mining
of coal in this State, without having first obtained from the Division a
permit to engage in such operation and paying a fee therefor of siz
dollars per acre for every acre proposed to be disturbed not to exceed
a total of one hundred fifty dollars, which shall be deposited in the State
treasury in a special fund to be used by the Director in performing
reclamations under the provisions of this chapter. Such permits shall be
valid for one year, shall not be transferable, shall be obtained prior to
the beginning of any mining operation and shall be renewable annually
on the anniversary date of issuance. Application for a strip mining
permit shall be made in writing on forms prescribed. by the Chief and
shall be signed and sworn to by the applicant or his duly authorized
representative. The application, in addition to such other information as
may be reasonably required by the Chief, shall contain the following
information: (1) The common name and geologic title, where applicable,
of the seam of coal to be extracted; (2) a description of the land upon
which the applicant proposes strip mining operations, which description
shall set forth: The name of the county or city in which such land is
located; the location of its boundaries and any other description of the
land to be disturbed in order that it may be located and distinguished
from other lands and easily ascertainable as shown by a map attached
thereto showing the amount of land to be disturbed; (8) the name and
address of the owner or owners of the surface of the land; (4) the name
and address of the owner or owners of the coal; (5) the source of the
operator’s legal right to enter and conduct operations on the land to be
covered by the permit; (6) the total number of acres of land to be
covered by the permit; (7) a reasonable estimate of the number of acres
of land that will be disturbed by mining on the area to be covered by
the permit during the ensuing year; (8) whether any mining permits
are now held by the applicant and the number thereof; (9) the name
and address of the applicant, if an individual; the names and addresses
of all partners, if a partnership; the state of incorporation and the name
and address of its registered agent, if a corporation; or, the name and
address of the trustee. if a trust; and (10) if known, whether applicant,
any subsidiary or affiliate or any partnership, association, trust or corpo-
ration controlled by or under common control with applicant, or any
person required to be identified by item (9) above, has ever had a mining
permit issued under the laws of this or any other state revoked or has
ever had a strip mining bond, or security deposited in lieu of bond,
forfeited.

The application for a permit shall be accompanied by two copies
of an enlarged United States Geological Survey topographic map meeting
the following requirements: (a) be prepared and certified by a professional
engineer or land surveyor, which certification shall be signed and
notarized; (b) identify the area to correspond with the application; (ce)
show adjacent deep mining, the boundaries of surface properties and
mames of the owners on the affected area and within five hundred feet
of any part thereof; (d) be of a scale of four hundred feet to the inch;
(e) show the names and location of all streams, creeks or other bodies
of public water, roads, buildings, cemeteries, oil and gas wells, and utiltty
lines on the area affected and within five hundred feet thereof; (f) show
by appropriate markings the boundaries of the area of land affected, the
cropline of the seam or deposit of coal to be mined, and the total number
of acres involved in the area of land affected.
No permit shall be issued by the Division until it has received ap-
roval in writing from the Department of the plan of reclamation required
In § 45.1-164 and the bond from the applicant as required in § 45.1-165.

§ 45.1-165. Bond.—Each operator at the time of filing his applica-
tion shall furnish bond on a form to be prescribed by the Chief payable to
the Department and conditioned that the operator shall faithfully per-
form all of the requirements of this chapter and of the plan and directions
for reclamation as approved and directed by the Department. The amount
of bond shall be * one hundred dollars per acre, based upon the number
of acres of land which the operator estimates will be disturbed by strip
mining during the next ensuing year. The minimum amount of bond fur-
nished shall be twenty-five hundred dollars, except in areas of five acres
or less the bond shall be five hundred dollars. Such bond shall be executed
by the operator and by a corporate surety licensed to do business in this
State: Provided, however, that in lieu of such bond the operator may
deposit cash or * a certified check for the amount required.

§ 45.1-167. Additional bond to be filed annually; release of bond
previously posted; report of reclamation work.—* Prior to or on the
anniversary date of the issuance of any permit or following the comple-
tion or abandonment of any mining operation, the operator shall post ad-
ditional bond in the amount of * one hundred dollars per acre for each
additional acre of land estimated by him to be disturbed during the next
year following the anniversary date of the permit. At * the time of posting
the additional bond, an application and map in the same form as the
original application shall be filed.

Bond previously posted may be released * covering any area * dis-
turbed during the last twelve months if reclamation * has been completed
and the approval of the Director obtained in accordance with the following:

The operator shall file with the Department a written report on a
form to be prescribed by the Department stating under oath that reclama-
tion has been completed on certain lands and submit the following:

(a) Identification of the operation; (b) the county or city in which
it is located and its location with reference to the nearest public highway;
(c) a description of the area of land affected by the operation within the
period of time covered by such report with sufficient certainty to enable it
to be located and distinguished from other lands; (d) a map certified by
a * land surveyor or professional engineer showing the boundary lines of
the area of land affected by the operation, the number of acres comprising
such area and the methods of access to the area from the nearest public
highway.

§ 45.1-168. Inspection and approval or disapproval of reclamation
work; return or forfeiture of bond; performance of reclamation opera-
tions by Director.—Upon receipt of the report called for in § 45.1-167, the
Director shall cause an inspection to be made of the land described in the
report. If he shall approve the reclamation work completed by the operator,
he shall notify the Division in writing and it shall order the return of the
bond or * certified check to the operator * upon satisfactory completion
of the reclamation of the disturbed area * . If the Director does not approve
the reclamation work, he shall notify the operator immediately in writing
and advise him of what additional steps he deems necessary to satisfac-
torily complete the reclamation. In such event, the operator shall have *
forty-five days from the receipt of the Director’s order to begin such ad-
ditional reclamation and present satisfactory evidence to the Director that
such work is in progress. The bond or * certified check posted by the opera-
tor for such land shall not be refunded until he has obtained the Director’s
ee aforesaid, and the Director has notified the Division in writing

is effect.
If the operator does not undertake to complete the reclamation in
accordance with the notification of the Director and submit evidence to
the Director that such work is in progress within * forty-five days of such
order or within such additional period of time not to exceed * three months
which may be granted by the Director for cause shown, the Director
shall request, and the Chief shall order a forfeiture of the bond or *
certified check posted by the operator at the rate of * one hundred dollars
per acre or part thereof for each acre of land involved; o7, upon the
written request of the operator, the Director shall survey the land in-
volved and establish the cost of reclaiming it. He shall immediately notify
the operator by registered mail, who shall, within ten days of receipt of
the notice, deposit a certified check with the Director in the amount of
the cost established for reclamation. Upon receipt of the check, the Direc-
tor shall have the reclamation performed and release the operator from
further liability. If the operator fails to post the cost of reclamation, within
ten days after receipt of the notice, the Chief shall certify the fact of for-
feiture to the Attorney General who shall proceed to collect the amount
thereof, which, when collected, shall be deposited in the State treasury in
a special fund to be used by the Director in performing reclamation under
the provisions of this chapter. Furthermore, following the order of for-
feiture the Director shall perform such reclamation operations as he
deems necessary with the resources and facilities of his Department or as
provided by § 45.1-179, the cost thereof to be paid from the proceeds of
the special fund above created.