TITLE 4. CONSERVATION AND NATURAL RESOURCES
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.
Title of Regulation: 4VAC25-31. Reclamation Regulations for Mineral Mining (amending 4VAC25-31-70).
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 224 of the 2024 Acts of Assembly, the amendments update rules regarding the construction or expansion of farm ponds when the farm pond is being increased beyond a one-time occurrence.
4VAC25-31-70. Exemptions.
A. These regulations shall not apply to:
1. Excavation or grading when conducted solely to aid on-site farming or construction. Such exemption shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (i) is a one-time activity on that parcel of land, (ii) is completed within six months, (iii) results in a pond that is less than three acres in total, and (iv) has all necessary permits and local approvals in place before such activity begins;
2. Mining of coal, unless the coal is mined incidental to the mining of minerals;
3. Searching, prospecting, exploring, or investigating for minerals by drilling; and
4. Excavation or grading when conducted by an agency or governmental unit of the Commonwealth, local government, or the federal government using government employees.
B. The surface extraction of minerals shall not constitute mineral mining unless:
1. The mineral is extracted for its unique or intrinsic characteristics; or:
2. The mineral requires processing prior to its intended use.
C. When considering whether an operation is exempt, the director shall consider the length of time or duration of the activity, whether it is a one-time activity, and whether all necessary permits and approvals are in place before the activity begins.
VA.R. Doc. No. R25-8024; Filed October 22, 2024