Bill Text: VA SB143 | 2012 | Regular Session | Prefiled
Bill Title: Mining permit; use of mine voids.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-02 - Senate: Stricken at request of Patron in Agriculture, Conservation and Natural Resources (15-Y 0-N) [SB143 Detail]
Download: Virginia-2012-SB143-Prefiled.html
12101323D Be it enacted by the General Assembly of Virginia: 1. That §45.1-181 of the Code of Virginia is 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 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 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: 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) 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) Identify the area to correspond with the land described in the application; (c) 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) Be drawn to a scale of 400 feet to the inch or better; (e) 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) 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) Show the date on which the map was prepared, the north arrow and the quadrangle name; (h) 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. |