CHAPTER 695
An Act to amend and reenact §§45.1-181 and 55-154.2 of the
Code of Virginia, relating to mine voids.
[H 710]
Approved April 9, 2012
Be it enacted by the General Assembly of Virginia:
1. That §§45.1-181 and 55-154.2 of the Code of
Virginia are amended and reenacted as follows:
§45.1-181. Permit required; fee; renewal fee; application;
furnishing copy of map, etc., to landowner; approval by Department.
It shall be is unlawful for any operator
to engage in any mining operation in Virginia, without having first obtained
from the Department a permit to engage in such operation and paying a fee
therefor of $31 per acre for every acre of land to be affected by the total
operation for which plans have been submitted, which shall be deposited in the
state treasury in a special fund to be used by the Director for the
administration of this chapter. A permit shall be obtained prior to the start
of any mining operation. If within 10 days of the anniversary date of the
permit the Director, after inspection, is satisfied that the operation is
proceeding according to the plan submitted to and approved by him, then the
Director shall renew the permit upon payment of a renewal fee by the operator
of $16 per acre for land to be affected by the total operation in the next
ensuing year. The renewal fees shall be deposited in the state treasury in the
special fund set out above. If the operator believes changes in his original
plan are necessary or if additional land not shown as a part of the approved
plan of operation is to be disturbed, he shall submit an amended plan of
operation which shall be approved by the Director in the same manner as an
original plan and shall be subject to the provisions of this section and §§
45.1-182.1 and 45.1-183 hereof. A separate permit must shall
be secured for each mining operation conducted. Application for a mining permit
shall be made in writing on forms prescribed by the Director and shall be
signed and sworn to by the applicant or his duly authorized representative. The
application, in addition to such other information as may be reasonably
required by the Director shall contain the following information: (1)
(i) the common name and geologic title, where applicable, of the mineral to
be extracted; (2) (ii) a description of the land upon which the
applicant proposes to conduct mining operations, which description shall set
forth: the name of the county or city in which such land is located; the
location of its boundaries and any other description of the land to be
disturbed in order that it may be located and distinguished from other lands
and easily ascertainable as shown by a map attached thereto showing the amount
of land to be disturbed; (3) (iii) the name and address of the
owner or owners of the surface of the land; (4) (iv) the name and
address of the owner or owners of the mineral, ore or other solid matter; (5)
(v) the source of the operator's legal right to enter and conduct
operations on the land to be covered by the permit; (6) (vi) the
total number of acres of land to be covered by the permit; (7) (vii) a
reasonable estimate of the number of acres of land that will be disturbed by
mining operations on the area to be covered by the permit during the ensuing
year; (8) (viii) whether any mining permits of any type are now
held by the applicant and the number thereof; (9) (ix) the name
and address of the applicant, if an individual; the names and addresses of all
partners, if a partnership; the state of incorporation and the name and address
of its registered agent, if a corporation; or the name and address of the
trustee, if a trust; and (10) (x) if known, whether the
applicant, or any subsidiary or affiliate or any partnership, association,
trust or corporation controlled by or under common control with applicant, or
any person required to be identified by item (9) above
clause (ix), has ever had a mining permit of any type issued under the laws
of this or any other state revoked or has ever had a mining or other bond, or
security deposited in lieu of bond, forfeited. Clause (iv) shall not apply
to the shell, container chamber, passage, or open space set forth in §
55-154.2.
The application for a permit shall be accompanied by two
copies of an accurate map or aerial photograph or plan and meeting the
following requirements:
(a) 1. Be prepared by a licensed engineer or
licensed land surveyor or issued by a standard mapping service or in such a
manner as to be acceptable to the Director;
(b) 2. Identify the area to correspond with the
land described in the application;
(c) 3. Show adjacent deep mining, if any, and
the boundaries of surface properties, with the names of owners of the affected
area which lie within 100 feet of any part of the affected area;
(d) 4. Be drawn to a scale of 400 feet to the
inch or better;
(e) 5. Show the names and location of all
streams, creeks or other bodies of public water, roads, buildings, cemeteries,
oil and gas wells, and utility lines on the area affected and within 500 feet
of such area;
(f) 6. Show by appropriate markings the
boundaries of the area of land affected, the outcrop of the seam at the surface
or deposit to be mined, and the total number of acres involved in the area of
land affected;
(g) 7. Show the date on which the map was
prepared, the north arrow and the quadrangle name; and
(h) 8. Show the drainage plan on and away from
the area of land affected, including the directional flow of water, constructed
drainways, natural waterways used for drainage and the streams or tributaries
receiving the discharge.
Upon receipt of a written request by any landowner on whose
property a sand and gravel operation is permitted pursuant to this section, the
operator of the sand and gravel operation shall provide a copy of the map,
photograph or plan to the landowner.
No permit shall be issued by the Department until the Director
has approved the plan of operation required in this section and §45.1-182.1
and the bond from the applicant as required in §45.1-183.
§55-154.2. Presumption regarding estate of owner of mineral
rights.
A. Except as otherwise provided in the deed by which
the owner of minerals derives title, the owner of minerals shall be presumed to
be the owner of the shell, container chamber, passage, and space opened
underground for the removal of the minerals, with full right to haul and
transport minerals from other lands and to pass men, materials, equipment,
water and air through such space. No injunction shall lie to prohibit the use
of any such shell, container chamber, passage or space opened underground by
the owner of minerals for the purposes herein described. The provisions of this
section subsection shall not affect contractual obligations and
agreements entered into prior to July 1, 1981.
B. Notwithstanding the provisions of subsection A, with
respect to the coal mineral estate, unless expressly excepted by the instrument
creating the mineral ownership or lease interest, the owner or, if leased, the
lessee of the coal mineral estate or its successor, assign, sublessee, or
affiliate retains the right to any coal remaining in place after the removal of
surrounding coal, as well as the right to use the shell, container chamber,
passage, space, or void opened underground that was created by the removal of
the coal.
1. Any such shell, container chamber, passage, space, or
void opened underground that is within the boundaries of a mine permit issued
under Title 45.1 may be used consistent with state and federal regulations for
any activity related to removal of coal from any lands for which a permit to
mine coal has been approved, and no injunction shall lie to prohibit such use.
2. Any such shell, container chamber, passage, space, or
void opened underground that is located in a sealed mine for which a mining
permit no longer exists may be used consistent with state and federal
regulations for any activity related to removal of coal from any lands for
which a permit to mine coal has been approved only with the consent of the
owner of such shell, container chamber, passage, space, or void. Such consent
shall not be unreasonably withheld if the owner has been offered reasonable
compensation for such use. In determining whether an offer of compensation is
reasonable, a court shall be guided by the compensation set forth in other
leases for the use of mine voids as is customary in the area.
C. The provisions of subdivisions B 1 and B 2 (i) shall not
affect any provision contained in any contract in effect as of July 1, 2012,
expressly prohibiting the use of any shell, container chamber, passage, space,
or void opened underground that was created by the removal of the coal; (ii)
shall not alter any contract entered into prior to July 1, 2012, that provides
for the payment of compensation from the lessee to the lessor expressly for the
use of any shell, container chamber, passage, space, or void opened underground
that was created by the removal of the coal; and (iii) shall have no bearing on
or application to any determination of ownership rights in natural gas or
coalbed methane.
2. That the provisions of this act shall not be
construed to affect any litigation pending in a court of competent jurisdiction
on or before July 1, 2012.
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