A. The operator of any coal surface mining operation shall replace the watersupply of an owner of interest in real property who obtains all or part ofhis supply of water for domestic, agricultural, industrial, or otherlegitimate use from an underground or surface source where such supply hasbeen affected by contamination, diminution, or interruption proximatelyresulting from such coal surface mine operation.
B. Underground coal mining operations conducted after October 24, 1992, shallpromptly replace any drinking, domestic, or residential water supply from awell or spring in existence prior to the application for a surface coalmining and reclamation permit which has been affected by contamination,diminution, or interruption resulting from underground coal miningoperations. Until amendments to the regulations governing the permanent stateregulatory program implementing the provisions of this subsection areeffective, the Director shall issue guidelines in accordance with subsectionA of § 45.1-230 regarding the replacement of any water supply pursuant tothis subsection. Nothing in this subsection shall be construed to prohibitor interrupt underground coal mining operations.
C. Each operator of an underground coal mine shall record the daily progressof mining operations on a mine map or maps maintained at the mine site or inthe company office. The map or maps shall, at a minimum, include informationon the daily progress of mining operations conducted after October 24, 1992,and be maintained until the completion of the mining. The operator shallprovide the map or maps to the Division upon completion of mining and uponrequest of the Director.
D. If the Director has ordered replacement under subsection B of this sectionand the operator subject to the order has failed to provide the map or mapsin accordance with subsection C of this section, then the Director's ordershall not be overturned absent clear and convincing evidence to the contrary.Upon conclusion of an investigation, if the Director does not orderreplacement under the provisions of subsection B of this section andreasonable access for a pre-mining survey was denied, the Director'sdetermination shall not be overturned absent clear and convincing evidence tothe contrary.
E. Each operator of an underground coal mine shall provide a certificateissued by an insurance company licensed to do business in the Commonwealthcertifying that the operator has a public liability insurance policy in forcefor the underground coal mining operation which shall provide for protectionin an amount adequate to replace any water supply as required by subsection Bof this section. The policy shall be maintained in full force during theterm of the permit, including any renewal thereof, and including theliability period necessary to complete all reclamation operations under thischapter. The provisions of this subsection shall expire on the date theamendments to the regulations governing the permanent state regulatoryprogram implementing the provisions of subsection B of this section areapproved for the Commonwealth by the Secretary of the Interior of the UnitedStates.
A. The operator of any coal surface mining operation shall replace the watersupply of an owner of interest in real property who obtains all or part ofhis supply of water for domestic, agricultural, industrial, or otherlegitimate use from an underground or surface source where such supply hasbeen affected by contamination, diminution, or interruption proximatelyresulting from such coal surface mine operation.
B. Underground coal mining operations conducted after October 24, 1992, shallpromptly replace any drinking, domestic, or residential water supply from awell or spring in existence prior to the application for a surface coalmining and reclamation permit which has been affected by contamination,diminution, or interruption resulting from underground coal miningoperations. Until amendments to the regulations governing the permanent stateregulatory program implementing the provisions of this subsection areeffective, the Director shall issue guidelines in accordance with subsectionA of § 45.1-230 regarding the replacement of any water supply pursuant tothis subsection. Nothing in this subsection shall be construed to prohibitor interrupt underground coal mining operations.
C. Each operator of an underground coal mine shall record the daily progressof mining operations on a mine map or maps maintained at the mine site or inthe company office. The map or maps shall, at a minimum, include informationon the daily progress of mining operations conducted after October 24, 1992,and be maintained until the completion of the mining. The operator shallprovide the map or maps to the Division upon completion of mining and uponrequest of the Director.
D. If the Director has ordered replacement under subsection B of this sectionand the operator subject to the order has failed to provide the map or mapsin accordance with subsection C of this section, then the Director's ordershall not be overturned absent clear and convincing evidence to the contrary.Upon conclusion of an investigation, if the Director does not orderreplacement under the provisions of subsection B of this section andreasonable access for a pre-mining survey was denied, the Director'sdetermination shall not be overturned absent clear and convincing evidence tothe contrary.
E. Each operator of an underground coal mine shall provide a certificateissued by an insurance company licensed to do business in the Commonwealthcertifying that the operator has a public liability insurance policy in forcefor the underground coal mining operation which shall provide for protectionin an amount adequate to replace any water supply as required by subsection Bof this section. The policy shall be maintained in full force during theterm of the permit, including any renewal thereof, and including theliability period necessary to complete all reclamation operations under thischapter. The provisions of this subsection shall expire on the date theamendments to the regulations governing the permanent state regulatoryprogram implementing the provisions of subsection B of this section areapproved for the Commonwealth by the Secretary of the Interior of the UnitedStates.
A. The operator of any coal surface mining operation shall replace the watersupply of an owner of interest in real property who obtains all or part ofhis supply of water for domestic, agricultural, industrial, or otherlegitimate use from an underground or surface source where such supply hasbeen affected by contamination, diminution, or interruption proximatelyresulting from such coal surface mine operation.
B. Underground coal mining operations conducted after October 24, 1992, shallpromptly replace any drinking, domestic, or residential water supply from awell or spring in existence prior to the application for a surface coalmining and reclamation permit which has been affected by contamination,diminution, or interruption resulting from underground coal miningoperations. Until amendments to the regulations governing the permanent stateregulatory program implementing the provisions of this subsection areeffective, the Director shall issue guidelines in accordance with subsectionA of § 45.1-230 regarding the replacement of any water supply pursuant tothis subsection. Nothing in this subsection shall be construed to prohibitor interrupt underground coal mining operations.
C. Each operator of an underground coal mine shall record the daily progressof mining operations on a mine map or maps maintained at the mine site or inthe company office. The map or maps shall, at a minimum, include informationon the daily progress of mining operations conducted after October 24, 1992,and be maintained until the completion of the mining. The operator shallprovide the map or maps to the Division upon completion of mining and uponrequest of the Director.
D. If the Director has ordered replacement under subsection B of this sectionand the operator subject to the order has failed to provide the map or mapsin accordance with subsection C of this section, then the Director's ordershall not be overturned absent clear and convincing evidence to the contrary.Upon conclusion of an investigation, if the Director does not orderreplacement under the provisions of subsection B of this section andreasonable access for a pre-mining survey was denied, the Director'sdetermination shall not be overturned absent clear and convincing evidence tothe contrary.
E. Each operator of an underground coal mine shall provide a certificateissued by an insurance company licensed to do business in the Commonwealthcertifying that the operator has a public liability insurance policy in forcefor the underground coal mining operation which shall provide for protectionin an amount adequate to replace any water supply as required by subsection Bof this section. The policy shall be maintained in full force during theterm of the permit, including any renewal thereof, and including theliability period necessary to complete all reclamation operations under thischapter. The provisions of this subsection shall expire on the date theamendments to the regulations governing the permanent state regulatoryprogram implementing the provisions of subsection B of this section areapproved for the Commonwealth by the Secretary of the Interior of the UnitedStates.
