A. Each application for a permit shall be accompanied by an operations plan that follows the form and contains the accompanying material that the Director requires. The operations plan shall describe the specifications for surface grading and restoration, including sketches delineating placement of spoil, stockpiles, and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after reclamation is completed.
B. The operations plan shall include a provision for reclamation of all land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall follow the form and contain the accompanying material that the Director requires and shall state:
1. The planned use to which the affected land is to be returned through reclamation; and
2. The proposed actions to ensure suitable reclamation of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed mining operation and to be conducted simultaneously insofar as practicable. The Director shall set schedules for the integration of reclamation with the mining operation according to the various individual mineral types.
C. It is the policy of the Director to encourage adoption of productive land use, such as use for pasture, agricultural purposes, recreational areas, sanitary landfills, forestry and timberland operations, and industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The Director may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstance or event.
1977, c. 312, § 45.1-182.1; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land
§ 45.2-1201. Construction of chapter
§ 45.2-1202. Authority of Director; enforcement of chapter by injunction
§ 45.2-1203. Exemption for restricted mining
§ 45.2-1206. Operations plan; reclamation; policy of Director
§ 45.2-1207. Special Reclamation Fund
§ 45.2-1209. Review of operations plan and reclamation provision by Director; issuance of permit
§ 45.2-1210. Application for permit; adjoining landowners; local official
§ 45.2-1211. Succession of one operator by another at uncompleted project
§ 45.2-1213. Notice of noncompliance served on operator
§ 45.2-1214. Collection of debts
§ 45.2-1215. Commonwealth to have lien for reclamation work
§ 45.2-1216. Perfection of lien; waiver of lien
§ 45.2-1217. Recordation and indexing of lien; notice
§ 45.2-1219. Hearing to determine amount of lien
§ 45.2-1220. Satisfaction of lien
§ 45.2-1221. Additional bond to cover amended estimate of land to be disturbed
§ 45.2-1222. Interference with reclamation unlawful; other mining operations on land
§ 45.2-1223. Penalty for violation of chapter, etc.
§ 45.2-1224. Assistance of federal, state, and local agencies
§ 45.2-1225. Injunction prohibiting mining operation
§ 45.2-1226. Appeals from decisions of the Department
§ 45.2-1228. Orphaned Lands Reclamation Fund
§ 45.2-1229. Survey; priorities for reclamation
§ 45.2-1230. Agreements with owners or lessees; reclamation by Director
§ 45.2-1231. Contracts for reclamation
§ 45.2-1232. Acceptance of federal funds, gifts, etc.
§ 45.2-1234. Minerals Reclamation Fund
§ 45.2-1235. Membership in Fund; payments required
§ 45.2-1236. Release of bonds and other securities
§ 45.2-1237. Return of member payments
§ 45.2-1238. Revocation of permits; reclamation work
§ 45.2-1239. Collection of debt where cost of reclamation exceeds member's forfeited payments, etc.
§ 45.2-1240. Decreases in size of Fund
§ 45.2-1241. Order of return of payments
§ 45.2-1242. Discontinuance of Fund
§ 45.2-1243. Construction of article; Fund used solely for reclamation