REGULATIONS
Vol. 41 Iss. 7 - November 18, 2024

TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF ENERGY
Chapter 31
Final

TITLE 4. CONSERVATION AND NATURAL RESOURCES

DEPARTMENT OF ENERGY

Final Regulation

REGISTRAR'S NOTICE: The Department of Energy is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The department will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Titles of Regulations: 4VAC25-31. Reclamation Regulations for Mineral Mining (amending 4VAC25-31-360).

4VAC25-40. Safety and Health Regulations for Mineral Mining (adding 4VAC25-40-389).

Statutory Authority: §§ 45.2-103 and 45.2-1202 of the Code of Virginia.

Effective Date: December 18, 2024.

Agency Contact: Larry Corkey, Policy and Planning Manager, Department of Energy, 1100 Bank Street, Eighth Floor, Richmond, VA 23219-3402, telephone (804) 692-3239, or email larry.corkey@energy.virginia.gov.

Summary:

Pursuant to Chapter 135 of the 2024 Acts of Assembly, the amendments prohibit use of cyanide or cyanide compound in mineral mining or processing operations.

4VAC25-31-360. Operation and reclamation.

A. Mining operations shall be conducted to minimize adverse effects on the environment and facilitate integration of reclamation with mining operations according to the special requirements of individual mineral types and the approved operation, drainage, and reclamation plans. Mining shall be conducted to minimize the acreage that is disturbed, and reclamation shall be conducted simultaneously with mining to the extent feasible. No mining operation shall use cyanide or a cyanide compound in any mineral mining or processing operation.

B. Open pit mining of unconsolidated material shall be performed in such a way that extraction and reclamation are conducted simultaneously.

C. Mining activities shall be conducted so that the impact on water quality and quantity are minimized. Mining below the water table shall be done in accordance with the mining plan under 4VAC25-31-130.

D. Permanent lakes or ponds created by mining shall be equal to or greater than four feet deep, or otherwise constructed in a manner acceptable to the director.

E. Excavation shall be done in such a manner as to keep storm drainage flowing toward sediment control structures. Diversions shall be used to minimize storm runoff over disturbed areas.

F. The mining operation shall be planned to enhance the appearance to the public during mining and to achieve simultaneous and final reclamation.

G. At the completion of mining, all entrances to underground mines shall be closed or secured and the surface area reclaimed in accordance with the mineral mining plan.

H. Reclamation shall be completed to allow the post-mining land use to be implemented. After reclamation, the post mining land use shall be achievable and compatible with surrounding land use. All necessary permits and approvals for the post-mining land use shall be obtained prior to implementation.

4VAC25-40-389. Prohibition on cyanide.

No miner or other person shall use cyanide or a cyanide compound in any mineral mining or processing operation.

VA.R. Doc. No. R25-8026; Filed October 22, 2024