A. The Commonwealth's program for the reclamation of land and water adversely affected by past mining shall include the State Reclamation Plan, the Abandoned Mine Reclamation Fund created pursuant to § 45.2-1032, and annual reclamation projects, as provided for in this article.
B. The Director is authorized to develop and submit to the Secretary for approval a State Reclamation Plan in accordance with the provisions of Title IV of the federal act and of this article. The plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the programmatic capability of the Division to perform such work, and shall include such regulations, policies, and procedures as may be necessary to establish and implement the plan and annual reclamation projects and to carry out the provisions of this article. The Director may from time to time develop and submit to the Secretary amendments and revisions to the plan consistent with this article.
C. The Director may:
1. Prepare and submit to the Secretary annual applications for the support of the State Reclamation Program and implementation of specific reclamation projects;
2. Enter into agreements with the Secretary for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of coal mining practices;
3. Administer the State Reclamation Plan and annual reclamation projects and receive and administer grants from the Secretary therefor; and
4. Prepare and submit such information and reports as the Secretary requests.
D. The Director and the Department, in carrying out the functions of preparing and revising the State Reclamation Plan and developing annual reclamation projects, shall provide appropriate opportunities for public involvement.
1979, c. 290, § 45.1-260; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979
§ 45.2-1001. Limitations of chapter
§ 45.2-1002. Application of chapter
§ 45.2-1003. Authority and duties of Director
§ 45.2-1004. Training and certification of blasters
§ 45.2-1005. Conflicts of interest prohibited
§ 45.2-1006. Resisting, etc., Director or agent of the Director; penalty
§ 45.2-1007. Coal Surface Mining Regulatory Fund
§ 45.2-1008. Coal exploration operations
§ 45.2-1009. Permit required for coal surface mining operation; term; transfer, etc.
§ 45.2-1010. Form and contents of permit application; fee
§ 45.2-1011. Operation and reclamation plans
§ 45.2-1012. Revision of permits
§ 45.2-1013. Approval or denial of permit
§ 45.2-1014. Public participation in process of issuing or revising permits
§ 45.2-1015. Decision of Director upon permit application; hearing; appeal
§ 45.2-1016. Performance bonds
§ 45.2-1017. Performance standards
§ 45.2-1018. Surface effects of underground coal mining operations
§ 45.2-1019. Inspections and monitoring
§ 45.2-1020. Enforcement of chapter generally
§ 45.2-1021. Civil and criminal penalties
§ 45.2-1022. Citizen suits; rights of citizens to accompany inspectors
§ 45.2-1023. Forfeiture or release of performance bond
§ 45.2-1024. Performance of reclamation operations by Director
§ 45.2-1025. Administrative review of notice or order issued under § 45.2-1020
§ 45.2-1027. Judicial review of final order or decision or decision under § 45.2-1035
§ 45.2-1028. Designating areas unsuitable for coal surface mining
§ 45.2-1029. National Pollutant Discharge Elimination System permits
§ 45.2-1030. Replacement of water supply
§ 45.2-1031. State Reclamation Program
§ 45.2-1032. Abandoned Mine Reclamation Fund
§ 45.2-1034. Eligible lands and water; priorities for expenditures
§ 45.2-1036. Commonwealth to have lien for reclamation work
§ 45.2-1037. Perfection of lien; waiver of lien
§ 45.2-1038. Recordation and indexing of lien; notice
§ 45.2-1040. Hearing to determine amount of lien
§ 45.2-1041. Satisfaction of lien
§ 45.2-1042. Miscellaneous powers of Director
§ 45.2-1043. Coal Surface Mining Reclamation Fund
§ 45.2-1044. Participation in Fund
§ 45.2-1045. Initial payments into Fund; renewal payments; bonds
§ 45.2-1046. Assessment of reclamation tax revenues for Fund
§ 45.2-1047. Special assessment
§ 45.2-1048. Collection of reclamation tax and penalties for nonpayment
§ 45.2-1049. Forfeiture of bonds on operations participating in the Fund; alternative remedies
§ 45.2-1050. Reinstatement to the Fund; recovery of Fund expenditures
§ 45.2-1051. Coal Surface Mining Reclamation Fund Advisory Board