§ 45.1-252. Designating areas unsuitable for coal surface mining.
A. 1. The Director shall establish a planning process enabling objectivedecisions based on competent and scientifically sound data and information asto which, if any, land areas of the Commonwealth are unsuitable for all orcertain types of coal surface mining operations pursuant to the standards setforth in subdivisions 2 and 3 of this subsection but such designation shallnot prevent the mineral exploration pursuant to this chapter of any area sodesignated.
2. Upon petition pursuant to subsection C of this section, the Director shalldesignate an area as unsuitable for all or certain types of coal surfacemining operations if he determines that reclamation pursuant to therequirements of this chapter is not technologically and economically feasible.
3. Upon petition pursuant to subsection C of this section, a surface area maybe designated unsuitable for certain types of coal surface mining operationsif such operations will (i) be incompatible with existing land use plans orprograms; or (ii) affect fragile or historic lands in which such operationscould result in significant damage to important historic, cultural,scientific and aesthetic values and natural systems; or (iii) affectrenewable resource lands in which such operations could result in asubstantial loss or reduction of long-range productivity of water supply orof food or fiber products, and such lands to include aquifers and aquiferrecharge areas; or (iv) affect natural hazard lands in which such operationscould substantially endanger life and property, such lands to include areassubject to frequent flooding and areas of unstable geology.
4. Determinations of the unsuitability of land for coal surface mining, asprovided for in this section, shall be integrated as closely as possible withpresent and future land use planning and regulation processes at the federal,state and local levels.
5. The requirements of this section shall not apply to lands on which coalsurface mining operations were being conducted on August 3, 1977, or under apermit issued pursuant to the provisions of the federal act, or wheresubstantial legal and financial commitments in such operation were inexistence prior to January 4, 1977.
B. Prior to designating any land areas as unsuitable for coal surface miningoperations, the Director shall cause to be prepared a detailed statement on(i) the potential coal resources of the area, (ii) the demand for coalresources, and (iii) the impact of such designation on the environment, theeconomy and the supply of coal.
C. Any person having an interest which is or may be adversely affected shallhave the right to petition the Director to have an area designated asunsuitable for coal surface mining operations, or to have such a designationterminated. Such a petition shall contain allegations of facts withsupporting evidence which would tend to establish the allegations. Within tenmonths after receipt of the petition, the Department shall hold a publichearing in the locality of the affected area, after appropriate notice andpublication of the date, time and location of the hearing. After a personhaving an interest which is or may be adversely affected has filed a petitionand before the hearing, as required by this subsection, any person mayintervene by filing allegations of facts with supporting evidence which wouldtend to establish the allegations. The Director shall issue and furnish tothe petitioner and any other party to the hearing, within sixty days aftersuch hearing, a written decision regarding the petition and the reasonstherefor. In the event that all petitioners stipulate agreement prior tohearing and withdraw their request such hearing need not be held.
D. On and after March 20, 1979, and subject to valid existing rights, no coalsurface mining operations, except those which were existing on August 3,1977, shall be permitted:
1. On any lands within the boundaries of units of the National Park System,the National Wildlife Refuge Systems, the National System of Trails, theNational Wilderness Preservation System, the Wild and Scenic Rivers System,including study rivers designated under § 5(a) of the Wild and Scenic RiversAct and National Recreation Areas designated by act of Congress and anyfederal lands within the boundaries of any national forest, except asotherwise provided by federal law;
2. Which will adversely affect any publicly owned park or places included inthe National Register of Historic Sites unless approved jointly by theDirector and federal, state or local agency with jurisdiction over the parkor historic site;
3. Within 100 feet of the outside right-of-way line of any public road,except where mine access roads or haulage roads join such right-of-way lineand except that the Director may permit such roads to be relocated or thearea affected to lie within 100 feet of such road, if after public notice andopportunity for hearing in the locality, a written finding is made that theinterests of the public and landowners affected thereby will be protected; or
4. Within 300 feet from any occupied dwelling, unless waived by the ownerthereof, nor within 300 feet of any public building, school, church,community, or institutional building, public park, or within 100 feet of acemetery.
§ 45.1-252. Designating areas unsuitable for coal surface mining.
A. 1. The Director shall establish a planning process enabling objectivedecisions based on competent and scientifically sound data and information asto which, if any, land areas of the Commonwealth are unsuitable for all orcertain types of coal surface mining operations pursuant to the standards setforth in subdivisions 2 and 3 of this subsection but such designation shallnot prevent the mineral exploration pursuant to this chapter of any area sodesignated.
2. Upon petition pursuant to subsection C of this section, the Director shalldesignate an area as unsuitable for all or certain types of coal surfacemining operations if he determines that reclamation pursuant to therequirements of this chapter is not technologically and economically feasible.
3. Upon petition pursuant to subsection C of this section, a surface area maybe designated unsuitable for certain types of coal surface mining operationsif such operations will (i) be incompatible with existing land use plans orprograms; or (ii) affect fragile or historic lands in which such operationscould result in significant damage to important historic, cultural,scientific and aesthetic values and natural systems; or (iii) affectrenewable resource lands in which such operations could result in asubstantial loss or reduction of long-range productivity of water supply orof food or fiber products, and such lands to include aquifers and aquiferrecharge areas; or (iv) affect natural hazard lands in which such operationscould substantially endanger life and property, such lands to include areassubject to frequent flooding and areas of unstable geology.
4. Determinations of the unsuitability of land for coal surface mining, asprovided for in this section, shall be integrated as closely as possible withpresent and future land use planning and regulation processes at the federal,state and local levels.
5. The requirements of this section shall not apply to lands on which coalsurface mining operations were being conducted on August 3, 1977, or under apermit issued pursuant to the provisions of the federal act, or wheresubstantial legal and financial commitments in such operation were inexistence prior to January 4, 1977.
B. Prior to designating any land areas as unsuitable for coal surface miningoperations, the Director shall cause to be prepared a detailed statement on(i) the potential coal resources of the area, (ii) the demand for coalresources, and (iii) the impact of such designation on the environment, theeconomy and the supply of coal.
C. Any person having an interest which is or may be adversely affected shallhave the right to petition the Director to have an area designated asunsuitable for coal surface mining operations, or to have such a designationterminated. Such a petition shall contain allegations of facts withsupporting evidence which would tend to establish the allegations. Within tenmonths after receipt of the petition, the Department shall hold a publichearing in the locality of the affected area, after appropriate notice andpublication of the date, time and location of the hearing. After a personhaving an interest which is or may be adversely affected has filed a petitionand before the hearing, as required by this subsection, any person mayintervene by filing allegations of facts with supporting evidence which wouldtend to establish the allegations. The Director shall issue and furnish tothe petitioner and any other party to the hearing, within sixty days aftersuch hearing, a written decision regarding the petition and the reasonstherefor. In the event that all petitioners stipulate agreement prior tohearing and withdraw their request such hearing need not be held.
D. On and after March 20, 1979, and subject to valid existing rights, no coalsurface mining operations, except those which were existing on August 3,1977, shall be permitted:
1. On any lands within the boundaries of units of the National Park System,the National Wildlife Refuge Systems, the National System of Trails, theNational Wilderness Preservation System, the Wild and Scenic Rivers System,including study rivers designated under § 5(a) of the Wild and Scenic RiversAct and National Recreation Areas designated by act of Congress and anyfederal lands within the boundaries of any national forest, except asotherwise provided by federal law;
2. Which will adversely affect any publicly owned park or places included inthe National Register of Historic Sites unless approved jointly by theDirector and federal, state or local agency with jurisdiction over the parkor historic site;
3. Within 100 feet of the outside right-of-way line of any public road,except where mine access roads or haulage roads join such right-of-way lineand except that the Director may permit such roads to be relocated or thearea affected to lie within 100 feet of such road, if after public notice andopportunity for hearing in the locality, a written finding is made that theinterests of the public and landowners affected thereby will be protected; or
4. Within 300 feet from any occupied dwelling, unless waived by the ownerthereof, nor within 300 feet of any public building, school, church,community, or institutional building, public park, or within 100 feet of acemetery.
§ 45.1-252. Designating areas unsuitable for coal surface mining.
A. 1. The Director shall establish a planning process enabling objectivedecisions based on competent and scientifically sound data and information asto which, if any, land areas of the Commonwealth are unsuitable for all orcertain types of coal surface mining operations pursuant to the standards setforth in subdivisions 2 and 3 of this subsection but such designation shallnot prevent the mineral exploration pursuant to this chapter of any area sodesignated.
2. Upon petition pursuant to subsection C of this section, the Director shalldesignate an area as unsuitable for all or certain types of coal surfacemining operations if he determines that reclamation pursuant to therequirements of this chapter is not technologically and economically feasible.
3. Upon petition pursuant to subsection C of this section, a surface area maybe designated unsuitable for certain types of coal surface mining operationsif such operations will (i) be incompatible with existing land use plans orprograms; or (ii) affect fragile or historic lands in which such operationscould result in significant damage to important historic, cultural,scientific and aesthetic values and natural systems; or (iii) affectrenewable resource lands in which such operations could result in asubstantial loss or reduction of long-range productivity of water supply orof food or fiber products, and such lands to include aquifers and aquiferrecharge areas; or (iv) affect natural hazard lands in which such operationscould substantially endanger life and property, such lands to include areassubject to frequent flooding and areas of unstable geology.
4. Determinations of the unsuitability of land for coal surface mining, asprovided for in this section, shall be integrated as closely as possible withpresent and future land use planning and regulation processes at the federal,state and local levels.
5. The requirements of this section shall not apply to lands on which coalsurface mining operations were being conducted on August 3, 1977, or under apermit issued pursuant to the provisions of the federal act, or wheresubstantial legal and financial commitments in such operation were inexistence prior to January 4, 1977.
B. Prior to designating any land areas as unsuitable for coal surface miningoperations, the Director shall cause to be prepared a detailed statement on(i) the potential coal resources of the area, (ii) the demand for coalresources, and (iii) the impact of such designation on the environment, theeconomy and the supply of coal.
C. Any person having an interest which is or may be adversely affected shallhave the right to petition the Director to have an area designated asunsuitable for coal surface mining operations, or to have such a designationterminated. Such a petition shall contain allegations of facts withsupporting evidence which would tend to establish the allegations. Within tenmonths after receipt of the petition, the Department shall hold a publichearing in the locality of the affected area, after appropriate notice andpublication of the date, time and location of the hearing. After a personhaving an interest which is or may be adversely affected has filed a petitionand before the hearing, as required by this subsection, any person mayintervene by filing allegations of facts with supporting evidence which wouldtend to establish the allegations. The Director shall issue and furnish tothe petitioner and any other party to the hearing, within sixty days aftersuch hearing, a written decision regarding the petition and the reasonstherefor. In the event that all petitioners stipulate agreement prior tohearing and withdraw their request such hearing need not be held.
D. On and after March 20, 1979, and subject to valid existing rights, no coalsurface mining operations, except those which were existing on August 3,1977, shall be permitted:
1. On any lands within the boundaries of units of the National Park System,the National Wildlife Refuge Systems, the National System of Trails, theNational Wilderness Preservation System, the Wild and Scenic Rivers System,including study rivers designated under § 5(a) of the Wild and Scenic RiversAct and National Recreation Areas designated by act of Congress and anyfederal lands within the boundaries of any national forest, except asotherwise provided by federal law;
2. Which will adversely affect any publicly owned park or places included inthe National Register of Historic Sites unless approved jointly by theDirector and federal, state or local agency with jurisdiction over the parkor historic site;
3. Within 100 feet of the outside right-of-way line of any public road,except where mine access roads or haulage roads join such right-of-way lineand except that the Director may permit such roads to be relocated or thearea affected to lie within 100 feet of such road, if after public notice andopportunity for hearing in the locality, a written finding is made that theinterests of the public and landowners affected thereby will be protected; or
4. Within 300 feet from any occupied dwelling, unless waived by the ownerthereof, nor within 300 feet of any public building, school, church,community, or institutional building, public park, or within 100 feet of acemetery.
