45.1-243 - Surface effects of underground coal mining operations.

§ 45.1-243. Surface effects of underground coal mining operations.

A. The Director shall promulgate regulations directed toward the surfaceeffects of underground coal mining operations embodying the requirements of§§ 516 and 720 (a) (1) of the federal act. The provisions of this chapterrelating to permits, bonds, inspections and enforcement, public review, andadministrative and judicial review shall be applicable to surface operationsand surface impacts incident to an underground coal mine with suchmodifications to the permit application requirements, permit approval ordenial procedures, and bond requirements as are necessary to accommodate thedistinct difference between surface and underground coal mining. Nothing in §720 (a) (1) of the federal act shall be construed to prohibit or interruptunderground coal mining operations.

B. The Director's regulations shall require that permit applicants submithydrologic reclamation plans that include measures that will be utilized toprevent the sudden release of accumulated water from underground workings.

C. In order to protect the stability of the land, the Director shall suspendunderground coal mining under elementary and secondary schools, colleges,universities, urbanized areas, cities, towns and communities, and adjacent toindustrial or commercial buildings, major impoundments, or permanent streamsif he finds imminent danger to the inhabitants or occupants of the elementaryand secondary schools, colleges, universities, urbanized areas, cities, townsand communities.

(1979, c. 290; 1984, c. 590; 1993, c. 582; 1996, cc. 409, 410.)