Vulcan Technologies
DOE Enhanced Compliance Analysis
Generated: August 20, 2025

Compliance Analysis Overview

AI-powered document condensing that preserves all substantive requirements while removing redundancy

Total Documents

344

Original Word Count

441,038

Condensed Word Count

366,780

Average Reduction

16.8%

This enhanced analysis condenses guidance documents issued by Department of Education to eliminate redundancy while preserving all substantive requirements and legal obligations.

Underground Equipment Inspection GuidelinesDoc ID: DM-G-161139

Original: 220 words
Condensed: 207 words
Reduction: 5.9%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 6 TRANSPORTATION Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.139.

Inspection of Underground Equipment

This section requires the inspection of underground transportation equipment for safe operating condition such as sanders, panic switches, lifting jacks, lights, steering, fire protection, brakes, emergency brakes, and other safe operating parameters. These examinations may be performed by a certified mine foreman or other certified person whose duties and responsibilities require competency, skill, and knowledge in order to assure the safe operating condition of the equipment. However, certification as a mine foreman does not qualify the examiner to perform any work that requires additional certification, such as electrical or diesel mechanic work. Work that requires any electrical or diesel repairs, must be performed by a properly certified person. The examinations must be performed at least weekly and recorded in a book maintained at the site. These records can be a part of other examination records as long as the safe operating condition of the equipment is addressed within the record.

Electrical and diesel transportation equipment located on the surface of underground mines must be checked at least monthly by a certified person. However, if used at anytime underground, the weekly requirement for examination must be met.

Excavation Activity Evaluation GuidelinesDoc ID: DMM-G-EAE

Original: 316 words
Condensed: 309 words
Reduction: 2.2%

DEPARTMENT OF MINES, MINERALS & ENERGY

DIVISION OF MINERAL MINING

EXCAVATION ACTIVITY EVALUATION CHART

Is the excavation activity related solely to a construction or farming use on the same site as the excavation? Yes or No a. If yes, refer to the local soil and erosion control agency. b. If no, continue to Question No. 2.

What material is to be excavated? a. Predominantly organic material (including topsoil, soil). Yes or No 1) If yes, refer to the local soil and erosion control agency. 2) If no, continue to b. b. Is it unconsolidated mineral material? Yes or No c. Is it consolidated mineral material? Yes or No d. If yes to either b or c, continue to Question No. 3.

Will mineral be processed, either on or off site before use? Yes or No a. If yes, a DMM permit will be required for this activity. b. If no, continue to Question No. 4.

Will the mineral be used as fill. Yes or No. a. If no, a DMM permit will be required for this activity. b. If yes, the answer the following questions. 1) Will fill be used on-site or adjacent to the excavation? Yes or No a) If yes, refer to the local soil and erosion control agency. b) If no, continue to next question. 2) Will fill be used by the operator? Yes or No a) If no, a DMM permit will be required for this activity. b) If yes, continue to next question. 3) Will fill material be sold or exchanged? Yes or No a) If yes, a DMM permit will be required for this activity. b) If no, continue to Question No. 5

Is excavation activity planned to operate only one-time or only intermittently?

Yes or No. a. If yes, refer to the local soil and erosion control agency. b. If no, refer to the DMM OMT for further analysis

Mineral Mine Reclamation and Waste Disposal GuidelinesDoc ID: DMM-M-01-93

Original: 1,684 words
Condensed: 1,561 words
Reduction: 7.3%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATIONS MEMORANDUM 01-93 March 20, 1993

REFERENCE: Section 3.6.4a Reclamation Schedule—Mineral mining Regulations, page 6 to 22.

Reclamation Schedule. Shall include a statement of the planned land use to which the disturbed land will be returned through reclamation and the proposed actions to assure suitable reclamation. The method of grading, removal of metal, lumber, and debris, including processing equipment, buildings, and other equipment relative to the mining operation, seeding, fertilizing, and liming shall be specified.

INQUIRY: Mineral mining operators are interested in on-site disposal of on-site generated mineral mine wastes. A simplified procedure for such disposal has been developed through cooperative efforts of the Department of Waste Management and the Department of Mines, Minerals and Energy.

REVIEW: Regulation 3.6.4a requires that the Operation/Reclamation Plan detail disposal and handling of metal, lumber, debris, equipment and buildings, or in other words, mine generated wastes.

Some of these waste items previously have not been clearly exempted from the Department of Waste Management (DWM) regulations, and accordingly, disposal plans have basically involved placement in a DWM approved landfill.

The Department of Waste Management has promulgated new regulations, which will become effective on March 8, 1993. These new regulations provide for a DWM exemption for certain on-site generated mine wastes and allow for on-site disposal, provided the disposal is authorized by the DMM mining permit.

These wastes include: Drill steel Tree stumps/land clearing debris Crusher liners Large off-the-road (OTR) tires Conveyor belting Scrap metal/wood Steel cable Steel reinforced air hoses Screen cloth Broken concrete/block Punch plate V-belts

DIVISION DIRECTIVE: Mine site disposal of certain on-site generated mine wastes can take place under the authority of Mineral Mining Regulation 3.6.4a and the attached guidelines.

Before any mine site disposal of these wastes begins, the operator must amend the existing permit or detail the activity in any new application for a mining permit.

Information required for permit approval is detailed in the attached guidelines.

No on-site disposal may take place prior to DMM approval of the appropriate Operation/Reclamation Plan.

Questions regarding mine site disposal and the permitting and amendment process may be directed to the site Mine Inspector or Mark Goff at the Division of Mineral Mining Office at (434) 329-0602.

This memorandum and the attached guidelines apply only to on-site generated wastes.

Attachment GUIDELINES FOR ON-SITE DISPOSAL OF ON-SITE GENERATED SOLID WASTES General

  1. Existing permits must be amended prior to on-site disposal of on-site generated bulky mineral mining wastes as enumerated below. New applications for permits should detail any on-site disposal so future amendments will not be necessary.
  2. There must be compliance with all existing operating and permit requirements.
  3. Operators should recycle wastes to the maximum extent feasible and possible.
  4. No garbage or common wastes such as empty oil containers, filters, liquids, etc. should be placed in the on-site disposal area. These materials should be placed in a permitted off-site waste disposal facility.
  5. The disposal site should be properly maintained. All waste materials should be strategically placed to maximize storage volume and to provide special handling as required by the different waste categories.
  6. The operator should clearly designate the area to be used for on-site disposal. In addition, the operator should comply with the following conditions: a. The disposal area should be shown on the permit map. b. The disposal site should be in an area that will not be further disturbed by mining. c. The disposal site should be in an area that is not likely to be disturbed during implementation of the post-mining land use as designated in the approved reclamation plan. d. The disposal area should be located as far from streams, water bodies, wells, etc. as possible, but in no case should be less than 100 feet from a surface body of water, less than 200 feet from a well, spring or other groundwater source of drinking water, or less than 50 feet from any public road right-of-way. e. The disposal area should be located in the most impervious rock or soils available. f. All disposal areas should be on permitted property and should be properly bonded. g. All completed disposal areas should be reclaimed in accordance with applicable mining standards as well as with any additional standards set forth in these guidelines.
  7. The operator should submit detailed narratives and plans that include the following: a. Specific procedures for placement of wastes. This should include any measures taken to prepare the waste for disposal, the material on which the waste is to be placed, the depth of cover to be placed over the waste, the thickness of waste layer prior to covering, the time schedule for covering waste, and the type and source of material used for a cover. b. The specific wastes to be placed in the disposal area. Disposal of wastes prior to approval by the Division of Mineral Mining (DMM) will result in enforcement action requiring removal of the unapproved wastes. Only on-site generated wastes are eligible for on-site disposal. Disposal of any off-site generated wastes require Department of Waste Management (DWM) approval. c. Specific drainage and sediment control plans for the disposal area. d. Specific procedures for final closure and reclamation of the disposal area.

Metals Any metals to be disposed of on-site should be on-site generated wastes with little or no recycling potential. These metals may include drill steel, screen cloth, punch plates, crusher liners, steel cable and other non-recyclable scrap metals.

  1. All materials that are large enough to protrude from the disposal area or into the cover layer should be cut, crushed or otherwise reduced to a size that can be accommodated by the site disposal area.
  2. Steel cables should be wound onto spools and disposed of on the spool. Where spools are not available, cable may be coiled and secured with wire ties. Steel cables may also be cut into short segments for disposal. Segment lengths could vary depending on disposal site size and method of placement in the disposal area.

Rubber The waste rubber products to be disposed of on-site could include non-recyclable conveyor belting, V-belts, air hoses and large, heavy equipment tires.

  1. Conveyor belting should be rolled prior to placement in the disposal area. Short segments of belt may be placed on flat surfaces in the disposal area (i.e., pit floor or flat soil surface created on a covered waste lift). Lengths of segments disposed of in this manner could vary depending on the disposal area configuration.
  2. V-belts may be buried in the on-site disposal area. Longer V-belts may be cut or coiled and tied prior to disposal.
  3. Air hoses, generally steel-reinforced, should be coiled and bound with wire ties or cut into shorter lengths, suitable for the waste area, prior to disposal.
  4. Large off-road tires ideally should be split prior to disposal. Because this is impractical in many cases, consideration should be given to sufficient cover to prevent any possible floatation. Depth of cover may be decreased by using a layer of boulders or stone rubble as part of the covering. Filling of the tire void with sand, fine crushed stone, or other suitable material may also reduce cover depth.
  5. Only off-road tires with an outside diameter of 36 inches or greater should be placed in the on-site disposal area.

Demolition Waste

  1. Demolition waste consisting of broken concrete, asphalt, brick, cinder blocks and stone is generally considered inert. Broken concrete, brick and block may be used for rip\rap in diversion ditches and pond outlets where suitable and approved in mine operating plans.
  2. Excess demolition debris may be placed in the disposal area as a lower layer of the cover material.

The heavier concrete material may be well suited to covering the off-road tires disposed of on-site.

  1. Demolition debris may also be used to backfill slopes to grades acceptable for reclamation and revegetation. Allowable slopes should not exceed 2 horizontal to 1 vertical.
  2. All demolition debris used as outlined in Sections 1-3 above should be free of wood and other building materials. Wood may be handled as described in "Trees, Stumps, and Land Clearing Debris" below.
  3. This section applies only to disposal of on-site generated demolition debris. Debris from off-site sources cannot be brought onto the mine site for use or recycling without prior written DMM approval.
  4. Demolition waste containing paper or other construction materials should not be placed in the on-site disposal area, but should be properly disposed of in a permitted off-site waste disposal facility.

Trees, Stumps, and Land Clearing Debris

  1. Trees, stumps, and land clearing debris generated by mining activity may be disposed of on-site.

However, every effort should be made to reduce the quantities of these materials. These efforts may include the following: a. Limited quantities of suitable materials may be used to construct brush barriers for sediment control purposes subject to DMM approval. b. If possible, trees should be sold to sawmills for pulp or sold for firewood. c. Trees may be chipped and the chips used or sold as mulch. Some businesses have large portable chippers and will perform chipping on-site and then remove the chips for sale.

  1. Land clearing debris or wood from on-site building demolition may be burned on-site when in compliance with local ordinances and Department of Air Pollution Control regulations. Areas may be designated for storage of these materials while awaiting favorable conditions for burning.
  2. Stumps and heavier tree trunks may be buried in mined-out pits or backfill associated with slope reduction on highwalls. In these cases, the debris should be placed in the deepest part of the fill and as far from any face slopes as possible. Vegetative debris should not be buried in the structural portion of any fill, berm, or embankment, and should not be placed in any embankment constructed to dam or retain water, slurries or tailings.
  3. Vegetative debris to be buried should be covered with the most impervious soil material available to a depth equal to or greater than ½ the thickness of the material layer being buried. Minimum cover should not be less than 4 feet. Depth-of-cover standards should be maintained on top and on all sides of the waste material.

Virginia Hoisting Engineer Certification RequirementsDoc ID: DM-C-HE

Original: 343 words
Condensed: 302 words
Reduction: 12.0%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

HOISTINGENGINEER

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Hoisting Engineer * This certification authorizes the holder to perform: ƒ Hoisting operations at shaft, slope and surface inclines ƒ Pre-operation and other required safety checks of hoisting equipment ƒ Record results of hoisting equipment examinations ƒ Duties of an automatic elevator operator after completing the on-site demonstration required by Section 2.20 of the BCME regulations

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Two years of practical mining experience and one year of hoisting experience under the direction of a certified hoisting engineer or appropriately related work experience approved by the Chief of the Division of Mines. A certified hoisting engineer shall verify the hoisting experience ƒ Hold a General Miner Certification ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination.

ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Hoisting (HT) 50 ƒ First Aid (FA) 20 ƒ Observation - practical demonstration ƒ Gas Detection - practical demonstration ƒ Records – practical (not implemented)

RECOMMENDED REFERENCE/STUDY MATERIALS: g Title 30 CFR Part 77 g Hoisting Engineer Study Guide g Coal Mine Safety Laws of Virginia g First Aid for Miners Study Guide g BCME Requirements g Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • Continuing education required. See BCME requirements. (Effective August 25, 2004)

Revised 06/02/08

Unintentional Roof Fall Investigation ProceduresDoc ID: DM-P-10505

Original: 478 words
Condensed: 343 words
Reduction: 28.2%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.05

ISSUE DATE: January 1, 1997 SUBJECT: Unintentional Roof Falls

LAST REVISED: 10/00;07/07

OBJECTIVE AND INTENT

To provide procedures for conducting an investigation of all reported unintentional roof falls in order to safely determine the causes of the incident and to address preventive measures to control reoccurrence.

PROCEDURE

1. RESPONSE

 Proceed to the mine site to conduct a thorough investigation based on the roof fall situation as reported.

a. Life threatening - proceed immediately b. Fall involving equipment/personnel - proceed immediately c. Fall will be cleaned up (active section) - proceed within 24 hours from the time of notification. d. Falls on idle sections - proceed as soon as possible, not to exceed five working days. e. Falls in outby areas that will not be cleaned up may be examined on the next mine visit unless the inspector/specialist deems otherwise.

2. ARRIVAL AT MINE SITE

 An Order of Closure may be issued under Section 45.1-161.91.A.(i) in the event that an imminent danger exists.

 Ensure that the incident site is made safe and/or properly dangered off. When necessary, ensure that required “clean-up of roof fall” plan is posted.

3. INVESTIGATION DATA COLLECTION

 Investigate incident scene and question witnesses and management to obtain details pertaining to the cause of the incident.

Rv. 10/00;07/07

1-2  Review available mine records relative to the incident.

 Interview all witnesses and other personnel with knowledge of the incident.

 Evaluate the roof fall area to determine status of incident and possible cause.

 Evaluate surrounding area of roof fall for:

a. Signs of failure b. Changes in roof bolt torque c. Deterioration of previously installed roof support d. Mudseams, cracks, and other inconsistencies in the roof strata

 Issue appropriate Notices of Violation/Orders of Closure as the situation may necessitate.

 If conditions warrant, issue a “quick change” using the DM-RFQC form to the approved roof control plan, specifying the change in standard required. The DM-RFQC form is available in the DM Downloadable Forms in the Public Folders.

4. DETAIL REPORT OF INVESTIGATION

 Verbally notify appropriate supervisor of the details of the incident as soon as the investigation is complete. In the event of a multi-day investigation, the supervisor will be updated about current status of the investigation prior to the end of each workday.

 A report will be prepared after the investigation is completed by the Inspector or Specialist. The complete report will render circumstances/cause of the incident and contain recommendations for the prevention of similar incidents. DM personnel will provide a copy of the certificate of inspection to the mine operator or his agent, one copy to the employee’s representative and one copy will be posted at a prominent place on the mining premises where it may be reviewed by the employees.

Rv. 10/00;07/07

2-2

Streamlined Permitting Forms for Mining ReclamationDoc ID: DMLR-M-9-98

Original: 653 words
Condensed: 515 words
Reduction: 21.1%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 9-98 Issue Date: April 21, 2008 Subject: Permit Streamline Procedures - Forms (issued 12/17/98, updated 10/1/01 & 04/21/08)

As of March 1, 1999, the Division will require permitting action be submitted on the following electronic forms. (If you are just revising permittee or operator information, you need only submit the completed DMLR-PT-034o or DMLR-PT-034p, as applicable.) The certification form (DMLR-PT-034D) needs to be submitted with each application package.

DMLR-PT-034e Application for Coal Surface Mining and Reclamation Operations.

General and Technical Information DMLR-PT-034eg Application Guide. (The guide will identify the other permitting forms which may be used.) DMLR-PT-034p Application for Coal Surface Mining and Reclamation Operations Permittee Information DMLR-PT-034pg Application for Guide – Permittee Information DMLR-PT-034o Application for Coal Surface Mining and Reclamation Operations -Operator Information DMLR-PT-034og Application for Guide – Operator Information DMLR-PT-034D Certification of Application

The DMLR permitting forms are available through the Internet (http://www.mme.virginia.gov/Dmlr/default.htm ) in Acrobat and Microsoft Word versions.

RENEWAL APPLICATIONS (4VAC25-130-774.15) When renewing a permit, the following material needs to be submitted to the DMLR:

  • If the permittee wishes to renew an existing permit under its current boundaries and conditions –

________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

  1. Application for permit renewal (a) DMLR-PT-034e – (type of application code = TJ). If there are no changes to the existing plans, only the applicable portions of Sections 1 through 3. (b) DMLR-PT-034D – certification. (c) DMLR-PT-034p/DMLR-PT-034o – only if there are changes to the information currently on file with the Division.
  2. NPDES application (DMLR-PT-128).
  3. Sample public notice.
  4. Proof of publication (must be filed with the Division and made a part of the complete application not later than 4 weeks after the date of publication).
  5. Proof of liability insurance coverage (copy of the current policy on file).
  6. Renewal map with legend (DMLR-PT-017).
  7. Map showing the extent of underground mining (if applicable).
  8. Operator’s seeding report (DMLR-PT-011) – only if seeding has occurred since progress report from the previous year.
  9. Evidence that the performance bond is in full force.
  • If the permittee wishes to revise the current plans or extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, two separate application packages are to be submitted as follows, so the DMLR can clearly distinguish between the renewal and revision applications:
  1. Revision application - DMLR-PT-034e: Include Sections 1, 2, 21 and those sections proposed to be revised and all applicable sections of the application for the areas to be amended to the existing permit; and
  2. Renewal application - (see above).

Midterm Evaluations

The Division will conduct the detailed comprehensive review of the existing permit at the middle of the permit’s term (as per 4VAC25-130-774.11(a) of the regulations). As part of the Division’s mid term permit evaluation, it may request a reassessment of the Probable Hydrologic Consequences (PHC) determination.

Upon completion of the Division’s mid term evaluation (field and technical review), the permittee will be notified of the DMLR findings. The notification letter will inform the permittee that the permit’s plans are:

  • adequate and no permit revision is required;
  • adequate; however, an updated PHC assessment report is required; or
  • inadequate; the letter will list the sections (under DMLR-PT-034e) that need to be revised.

Mine Accident and Incident InvestigationsDoc ID: DM-P-10501

Original: 551 words
Condensed: 406 words
Reduction: 26.3%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.01

ISSUE DATE: January 1, 1997 SUBJECT: Investigation Of Accidents

LAST REVISED: 10/00

And Incidents

OBJECTIVE AND INTENT

To provide for effective and efficient investigations of accidents and incidents consistent with requirements of the Mine Safety Act for the purpose of determining causes and evaluating and recommending measures to prevent other occurrences.

GENERAL

1. COORDINATION OF INVESTIGATIONS

 It is the responsibility of the Division of Mines to respond promptly to the occurrence of all accidents and reportable incidents as mandated by the Coal Mine Safety Laws of Virginia.

 In the event of a mine fatality, mine fire, explosion, or entrapment of persons, field personnel will follow the procedures provided in Chapter III, Emergency Response.

It will be the responsibility of field personnel to assist the Emergency Response Team in the event of any of these emergencies.

 The receiver of notification of any incident requiring investigation shall obtain information addressed on page three of the Mine Emergency Response Directory, concerning notification of a mine related emergency.

 DM personnel may be involved in the investigation of other incidents which will not involve the Emergency Response Team. To respond and manage these investigations, personnel will need to follow procedures necessary to complete the investigation in an organized and effective manner to ensure the safety of all persons involved while determining the cause(s) of the accident or incident, completing a report of the investigation, and communicating the causes and recommendations back to the mining community.

1-2

2. RESPONSE

 The receiver of notification of any incident that requires investigation will instruct the informant to remain available for instructions or additional information.

 Receiver will assure informant that DM personnel will be dispatched and the approximate time of personnel’s arrival.

 Upon receipt of notification of an incident, the DM representative will notify his immediate supervisor and the Public Relations Manager.

 The DM representative receiving notification of an incident must coordinate promptly with the affected supervisor to ensure that established response procedures are followed.

 An investigation should include but not be limited to, interaction by and between the Division of Mines, company, a representative of the miners, and MSHA.

 A tracking number for reported accidents and other incidents will be assigned when the event is confirmed.

3. ARRIVAL AT THE MINE SITE

 Properly identify yourself immediately upon arrival and state to the responsible person on site the purpose of your presence.

 Verify the validity of the information initially received by DM from the mine. Secure names of witnesses, all persons involved, and other pertinent information.

 Notify appropriate supervisor of the incident status, verify available details, and summon additional support personnel to assist if needed.

 Direct personnel in ensuring that proper safeguards have been met to protect the health and safety of those involved in the investigation.

4. INITIAL REPORT OF INVESTIGATION

 Verbally notify the supervisor and/or Chief of the details of the incident as soon as the preliminary investigation is complete. In the event of a multi-day investigation, the supervisor and/or Chief will be updated of the current status of the investigation prior to the end of each work day.

 A report will be prepared after the investigation is completed.

Rv. 10/00

2-2

AML Contract Ground Control ProceduresDoc ID: DMLR-P-4105

Original: 969 words
Condensed: 851 words
Reduction: 12.2%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.05

PROCEDURES MANUAL

ISSUE DATE

SUBJECT AML Contract Provisions Section Reclamation Services & AML Ground Control Plan Last Revised April 27, 2006 OBJECTIVE AND INTENT: To ensure ground control plan provisions are included in AML construction project contracts, so as to provide safety to the public located below construction areas, roadways, and in other areas of the operation where persons congregate, work, or travel.

PROCEDURES: The DMLR must ensure the ground control provisions will be incorporated into the contract between the contractor and the DMLR. In addition, DMLR has the authority and will require compliance with any additional provision deemed necessary to protect the public from potential safety hazards when conducting construction activities within red zones1.

The AML Contracting Coordinator, design engineer and Field Inspector will jointly evaluate the on-the-ground conditions and the nature of anticipated work to preliminarily identify the potential red zone areas of the project and incorporate the general ground control provisions into the particular AML contract.

In the event coal may be removed under the AML project, the proposed ground control plan (and any significant modifications thereof) shall be forwarded to the DM Chief for evaluation and comment.

In addition to reviewing the construction specifications of the AML project at the pre-bid showing, the DMLR representatives will also go over the initial ground control plan with the prospective contractors. The contractor selected for the project may accept the DMLR ground control plan or submit another for DMLR review and approval (with DM evaluation/comment). Any approved changes in the project’s ground control plan will be incorporated into the AML contract prior to the parties signing the contract.

The AML project contract will note that any modification of the ground control plan must be submitted and approved by DMLR prior to initially disturbing the subject area. (If the area has already been disturbed, the Field Inspector will issue an order to the contractor to cease additional disturbance in the area, if necessary, until such time as the ground control plan is revised and approved.) As with the other terms of the AML contract, the ground control plan provisions will be binding conditions and obligations on the contractor. The ground control plan may be modified by agreement of the parties.

The ground control plan will include such general requirements (but not be limited to) that -

  • Red zones be shown on the construction plans and/or drawings. 1 “Red Zones” are areas where construction activities are or will be conducted that may present a potential threat or hazard to the public safety. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.05

PROCEDURES MANUAL

ISSUE DATE

SUBJECT AML Contract Provisions Section Reclamation Services & AML Ground Control Plan Last Revised April 27, 2006

  • Berms, fencing, or other barrier protection be used to contain materials located upslope from red zones. In areas where these structures cannot be used or are not practical, spotters will be utilized to control work such that all material is prevented from rolling, slipping, or sliding down slope.

No work will be performed upslope from red zones without these precautions in place and employed.

  • Residents or occupants of buildings located below the project site be notified when ground disturbing activities will occur near them and what protective actions will be taken to ensure their safety.
  • The contractor be responsible and accountable for the implementation of the approved ground control plan; for ensuring work in red zone area(s) is conducted in a safe manner using proper equipment; that employees be familiar with the ground control plan and project map, red zone areas, perimeter boundaries of the project; location of gas wells/pipelines, utility2 lines, or other structures which may be impacted by the construction activities; and that “Miss Utility of Virginia”3 be called, where applicable, at 1-800-552-7001.
  • In the event of an injury or fatality (from the project’s activities), proper notification shall be immediately made to DMLR and, as applicable, to the appropriate office4 of the Virginia Department of Labor and Industry - Occupational Safety and Health Compliance (OSHA), the Mine Safety and Health Administration (MSHA), and/or the State Fire Marshall.
  • A map or maps be included in the AML construction plans locating residences, businesses, public buildings, and roads (public and private) that may be affected by the AML construction activities.

The map(s) must also show the location of gas wells, gas lines, and other potentially affected features.

  • Describe the protective measures relative to how gas facilities (wells, lines, and associated structures) will be protected during construction activities.

Field Inspector -The Field Inspector –

  • May require the contractor to modify the plan for DMLR approval, if during construction, additional red zone areas become apparent to the Inspector. 2 Gas, water, electricity, telephone, sewage or other associated structures. 3 The Miss Utility Law (Virginia Underground Utility Damage Prevention Act) requires that Miss Utility be called at least 3 working days in advance of the planned work (also see website http://www.missutilityofvirginia.com/contactMissUtility.htm) 4 The appropriate contact person or office for VA DOLI OSHA or MSHA should be included as an addendum to the AML contract. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.05

PROCEDURES MANUAL

ISSUE DATE

SUBJECT AML Contract Provisions Section Reclamation Services & AML Ground Control Plan Last Revised April 27, 2006

  • Must check to ensure that the applicable ground control contract provisions have been reviewed with all employees and that the employees are aware of any red zones located within the project area immediately prior to starting work in red zones.
  • Will inspect to ensure that warning signs, flagging, or other no less effective means are present and used to mark work areas that are designated red zones. The method used to mark these work areas will be distinctively different from other warnings and markings utilized at the construction site. 3

Guidance on Permitting Shared Mining StructuresDoc ID: DMLR-G-16-07

Original: 916 words
Condensed: 628 words
Reduction: 31.4%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 16-07 Issue Date: September 19, 2007 Subject: Permitting and Bonding of Shared Structures/Facilities

This guidance is intended to address permit applications that propose to share facilities or structure(s) with more than one separately permitted coal mining operation, as provided by 4VAC25-130-778.22 of the Virginia Coal Surface Mining Reclamation Regulations.

For example, a shared facility or structure could be a haulroad, access road, buildings used to facilitate the mining or coal preparation operations.

The parties applying for permits to share facilities or structures will be individually required to demonstrate their legal right or authority to utilize the property, facility, or structure in question. If there is a dispute as to a party’s right to utilize the facility or structure, please be advised that the Division does not have the jurisdiction or authority to adjudicate property disputes2.

The company first applying to construct and/or permit the property, facility(ies), or structure(s) shall include the plans for such in its application package for the Division’s consideration and review.

The permit applicant shall bond the facility(ies) or structure(s) as required by Parts 4VAC25-130-800 or 4VAC25-130-801 of the regulations.

As provided by item #10.4 of the electronic permit application guide (Existing and Shared Structures) 3, the plans for each facility or structure that is to be used by two or more separately permitted mining operations (that are controlled by entirely separate business entities) may be included in one permit application and referenced in the other application(s). Each permittee shall be required to provide adequate performance bond coverage for the facility or structure unless a sharing agreement is reached with the other business entities. If such an agreement is executed, a copy of the agreement must be provided as an attachment to item #10.4 of the permit application.

The permit application plans should describe each existing structure proposed to be used; including a location, current condition, date of construction, and a demonstration that the structure meets the applicable performance standards of the regulations. In the event the facility or structure does not 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 See §§45.1-228B and 45.1-238B(5) of the Code of Virginia, as amended.

3 http://www.dmme.virginia.gov/dmlr/Forms/DMLR-PT-034eg Application Guide.doc GUIDANCE MEMORANDUM1 No. 16-07 Issue Date: September 19, 2007

Subject: Permitting and Bonding of Shared Facilities/Structures Page 2 of 2

meet the performance standards, a compliance plan for each structure that must be modified or reconstructed should be included as an attachment to Item #10.4.

Should other permittees apply to share the facilities or structures, each application shall specifically provide to the Division –

  • The identity or description of the facility(ies) or structure(s) that will be shared.
  • If applicable, the Coal Surface Mining Operation permit number and the entity that currently has the facility(ies) or structure(s) under permit and performance bond.
  • A copy of the executed legal agreement with the current permit holder that sets forth the respective responsibilities of each party for the shared facility or structure.

Each party wishing to permit a shared facility or structure shall submit the applicable permit application and fees4 for each individual permit containing the areas encompassed by the facility or structure.

In the event the permittee that bonded the facility or structure elects to complete operations or applies for bond reduction, the permittee shall notify the other permittee(s) sharing the facility or structure concurrently with the completion report or bond reduction application submitted to the Division. The original permittee should submit a “Request for Relinquishment5” with its bond release application for the shared structure or facility. The relinquishment would be to the remaining permittee(s), who will assume control and/or maintenance of the facility or structure.

In the application review process, in a situation where the permit applicant proposes to mine or dispose of excess spoil/refuse material in proposed permit areas already permitted by another company or that have been included in an earlier application currently under Division review, (except for the facility(ies) or structure(s) that will be shared, as approved by the Division) -

  • if a new application, it will not be accepted by the Division Field Inspector for review.
  • if the application has been under current review, it will be returned to the company and/or consultant with an explanation that no further Division review will take place until the matter is resolved as to the parties’ rights to operate on or utilize the areas. Written documentation resolving the conflicting interests will have to be provided to the Division prior to application resubmittal.

Should you have any questions regarding this guidance memorandum, please contact Permitting Reclamation Program Manager (276 523-8160) or Chief Engineer (276 523-8156). 4 See §4 VAC 25-130-777.17 of the Virginia Coal Surface Mining Reclamation Regulations 5 Request for Relinquishment form is DMLR-PT-027, which is available on the DMME Internet site at http://www.dmme.virginia.gov/dmlr/docs/downloads.shtml.

Electrical Safety and Ground Monitoring SwitchesDoc ID: DM-G-161189

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DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 11 ELECTRICITY Issue Date: 9/30/02 Revised Date: Page 1 of 1 Section 45.1-161.189.E.

Circuit Breakers and Switches

Electric equipment and circuits shall be provided with switches or other controls of safe design, construction and installation.

The MSA does not specifically address high voltage ground monitoring interlock cover switches on electrical distribution installations.

  • High voltage ground monitoring interlock cover switches installed on high voltage electrical cable splice boxes, line splitters and other high voltage installations in underground mines shall be maintained operational as designed if installed on equipment.
  • If the inspector establishes that high voltage ground monitoring interlock cover switches have been removed or rendered inoperative and it can be verified that the switches were part of the original equipment design and approval, then a violation must be issued requiring that the cover switches be installed or repaired.

Guidance on Underground Mining ImpoundmentsDoc ID: DMLR-G-17-07

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DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 17-07 Issue Date: October 16, 2007 Subject: Impoundments – Underground Mining

In the past there have been a few instances where impoundments have experienced failures within the impoundment area. These events occurred when impounded water or slurry entered old mine works through subsidence fractures or other openings, allowing the water or slurry to travel through the mine workings. This resulted in discharges from mine portals into streams, resulting in major black and/or inadequate water quality discharges with significant adverse impact to the environment or threat to the public health and safety.

This guidance memorandum is intended to heighten awareness of the potential threats that may occur in relation to current or proposed impoundments, and to ensure that permittees and applicants adequately address these potential situations in accordance with §§4VAC25-130- 780.25, 4VAC25-130-784.16, 4VAC25-130-784.25, 4VAC25-130-816.49, 4VAC25-130-817.41(i)(3), 4VAC25-130-817.49, 4VAC25-130-817.81 and/or 4VAC25-130-817.84 of the Virginia Coal Surface Mining Reclamation Regulations.

The Division will review each proposed underground mining operation to determine whether it will be in the vicinity of an existing or proposed impoundment. The Division will also perform this type of review at the time a mid-term review is conducted on an existing underground mining permit.

A permittee or applicant of an existing or proposed underground mining operation should determine whether the existing or proposed underground mine works have the potential to affect existing or proposed impoundments. If the underground mining operation is to be in the vicinity of an impoundment, then the permittee should ensure the plans for the proposed or approved operations address the stability of the impoundment areas relative to the existing, proposed, or abandoned underground mine works. The approved plans should demonstrate that an adequate barrier is present or will be maintained to prevent a breach of the impoundment’s contents into existing or abandoned mine works.

The Division will require each new permit or revision application proposing a new impoundment or modification of an existing impoundment to provide the demonstration of 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM1 No. 17-07 Issue Date: October 16, 2007

Subject: Impoundments – Underground Mining Page 2 of 2

adequate protection referenced in the preceding paragraph and to provide verification of existing or proposed underground mine works that are or will be located under or adjacent to the impoundment.

The Division will review the stability of the impoundment area and the adequacy of barriers from the underground mine works, including internal mine barriers as required by §§4VAC25-130-816.49, 4VAC25-130-817.41(i)(3), 4VAC25-130-817.49, 4VAC25-130-817.81 and/or 4VAC25-130-817.84 of the Virginia Coal Surface Mining Reclamation Regulations.

Should you have any questions regarding this guidance memorandum, please contact the DMLR Technical Services Manager at (276) 523-8156.

Surface Blaster Certification Study GuideDoc ID: DMM-C-SBF

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DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

SURFACE BLASTER’S CERTIFICATION

STUDY GUIDE

March, 2001

Copyright 2001 Commonwealth of Virginia

Commonwealth of Virginia Department of Mines, Minerals and Energy Division of Mineral Mining P. O. Box 3727 Charlottesville, VA 22903

(434)951-6310TABLE OF CONTENTS

Introduction......................................................................................................................... 2

Section 1 Duties and Responsibilities of the Certified Blaster..............................................3-6

2 Hazard Recognition in Blasting ..........................................................................7-14

3 Basic Knowledge of Blasting ............................................................................15-35

4 Blasting Design/Control ....................................................................................36-45

5 Blasting Effects..................................................................................................46-66

6 State Law and Regulations applicable to Surface Blasting Certification..........67-77

Appendix.................................................................................................................. A1-A27

I.

Blasting Related Accident Abstracts ...............................................................A2-A7 A. Injury/Fatality Cases

B. Flyrock Incidents

II.

Associated Articles ........................................................................................A9-A14

III.

Example Record Forms ...............................................................................A15-A20

IV.

Suggested Blasting Equipment Lists………………………………………A21-A22

V.

Safety Talk Outlines/Summaries .................................................................A23-A28

VI.

Bibliography ........................................................................................................ A29

This Guide has been developed for the purpose of preparing individuals for the Virginia Board of Mineral Mining Examiner’s Surface Blaster certification examination. This Guide is not intended to cover all particular circumstances surrounding the design, loading, and firing of explosives. The Division of Mineral Mining assumes no responsibility for the specific application of the material presented in this Guide.

DMM Surface Blaster’s Certification Study Guide

1

INTRODUCTION

This study guide was prepared to assist in providing basic blasting knowledge and understanding of safe practices necessary to perform the duties of a surface (mineral mine) blaster. Every blaster must possess knowledge of theory and principles of explosives, as well as practical know-how in their storage, handling, transportation, and use. More importantly, every blaster must be aware of what is necessary to prepare and conduct good blasting operations that protect the health and safety of miners and other individuals. Considerations for the adjacent community and the environment must also be a top priority.

Mineral Miners must have one (1) year of blasting experience on a surface mineral mine working under the direct supervision of a certified blaster (or equivalent experience approved by Division of Mineral Mining) in order to qualify for State certification. A minimum score of 80% is required on each section of the State examination to obtain certification.

The use of explosives in the mineral mining industry continues to present a potentially serious risk of injury and death to miners. The prevention of such accidents depends, to a large extent, on two factors: (1) the knowledge and experience of persons responsible for the use of explosives and (2) well defined safety precautions to guide mine operators and miners in the safe conduct of blasting operations.

The prevention of blasting related accidents depends on careful planning and the faithful observance of proper blasting procedures and practices. Even the slightest abuse or misdirection of explosives can result in serious injury or death to mining personnel or the public.

Two cardinal rules must be acknowledged and understood when using explosives:

A blaster’s most important responsibility is safety.

The safety of every blast is dependent on the people involved.

A surface blaster must have essential training and experience that not only develops skills, but proper safety attitudes as well. The same holds true for other mining personnel who handle explosives or assist in any way with blasting operations. All persons involved must know what is, and what is not safe…and why. Explosives safety is a habit that can only be developed through training and the repetition of proper procedures.

A surface blaster shall always follow State and Federal Laws and applicable regulations, as well as manufacturer’s instructions when transporting, storing, handling, and using explosives. The appropriate manufacturer should be consulted in any situation when a blaster has any doubts or questions involving explosives.

DMM Surface Blaster’s Certification Study Guide

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SECTION 1

DUTIES AND RESPONSIBILITIES OF THE CERTIFIED BLASTER DMM Surface Blaster’s Certification Study Guide

3

SECTION 1 -- DUTIES AND RESPONSIBILITIES OF THE

CERTIFIED BLASTER

  • Regulatory Responsibilities
  • Responsible person in-charge
  • Activities conducted safely
  • Experienced Person
  • Task Training
  • Design and Loading (flyrock/dangerous effects)
  • Pre-Inspection
  • Hazard Alert
  • Clearing of Blast Site
  • Weather Monitoring
  • Loading Procedures
  • Clearing of Blast Site
  • Weather Monitoring
  • Loading Procedures
  • Clearing of Blast Area
  • Blasting Signals
  • Firing of Shot
  • Reporting Requirements
  • Post-Blast Examination
  • Disposal of Misfires
  • Blast Reports/Shot Record
  • Inventory Log
  • Report Theft or Loss of Explosives DMM Surface Blaster’s Certification Study Guide

4

• DUTIES AND RESPONSIBILITIES OF THE CERTIFIED BLASTER

Virginia Mineral Mining Laws and Regulations require certain tasks to be performed by an individual certified as a Surface Blaster. Following is a list of the most critical duties and responsibilities of the certified surface blaster, with direct reference to the applicable section of the law or regulations.

  1. A certified blaster shall be in direct charge of blasting activities. (4 VAC 25-40-800A)
  1. Ensure that all activities under their supervision are conducted in a safe manner (45.1-161.292:6 (B) & 4 VAC 25-40-190)

(a) Blasting crew has appropriate personal protective equipment.

(4 VAC 25-40-1710/20/20/40)

(b) Blasting crew not under influence of drugs/alcohol. (4 VAC 25-40-250)

(c) Finger rings prohibited. (4 VAC 25-40-1780)

(d) Prevent smoking within 50’ of blast site. (4 VAC 25-40-800 F)

  1. Ensure that all miners with less than six months experience work with, or under the supervision of, an experienced person. (4 VAC 25-40-110)
  1. Provide task training for all new, or reassigned, employees involved in blasting activities.

(4 VAC 25-40-100)

  1. Design and load the shot to prevent flyrock or other dangerous effects (ex: air blast, ground vibration, ground control). (4 VAC 25-40-800D)
  1. Inspect the blast site for hazards. (4 VAC 25-40-800 G2)
  1. Alert blasting crew to hazards involved: (4 VAC 25-40-800 B)
  1. Ensure that the blast site is cleared of all nonessential personnel and equipment prior to bringing explosives to the site. (4 VAC 25-40-800 G4)
  1. Monitor weather conditions to ensure safe loading & firing. (4 VAC 25-40-800 G1)

10. Ensure proper loading procedures are followed: (4 VAC 25-40-800)

(a) Load boreholes as near to the blasting time as possible. (4 VAC 25-40-800H)

(b) Blast as soon as possible upon completion of loading. (4 VAC 25-40-800H)

(c) Keep explosives & detonators a safe distance from each other until made into a primer. (4 VAC 25-40-800 I) DMM Surface Blaster’s Certification Study Guide

5 (d) Ensure primers are not made up or assembled in advance. (4 VAC 25-40-800 J)

11. Remove all personnel/miners from the blast area prior to connection of the detonation device. (4 VAC 25-40-800 R)

12. Ensure blasting signals (audible warning signal) are given & posted. (4 VAC 25-40-800 Q)

13. Fire the shot from a safe location. (4VAC 25-40-800S)

14. Report, to the operator, any unplanned explosion, serious fire, serious or fatal injury, or any occurrence of fly rock. (45.1-161.292:51)

15. Perform a post-blast examination of the blast area, and ensure that the all clear signal is given prior to miners returning to work in the area. (4 VAC 25-40-800 T)

16. Properly dispose of all misfires after waiting 15 minutes. Guard or barricade & post warning signs until corrected. (4 VAC 25-40-820 A,B,C)

17. Complete a detailed blast report for all blasts and maintain the reports on-site for at least 3 years. (4 VAC 25-40-810)

18. Keep an accurate inventory log, on-site, of all explosives and detonators stored at the mine.

(4 VAC 25-40-780 D)

19. Ensure that any theft, or unaccounted loss of explosives is reported to the local police, the State Police, U.S. Treasury-Bureau of Alcohol, Tobacco, and Firearms, and the Division of Mineral Mining. (4 VAC 25-40-780 E)

  • In addition to the items listed above, some mining operations have blasting requirements set by a local government jurisdictional authority that the blaster must follow.

DMM Surface Blaster’s Certification Study Guide

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SECTION 2

HAZARD RECOGNITION IN BLASTING DMM Surface Blaster’s Certification Study Guide

7

SECTION 2 – HAZARD RECOGNITION IN BLASTING

  • Introduction
  • Rock Structure
  • Types of Minerals in Virginia
  • Natural Geologic Hazards
  • Misfires
  • Introduction
  • Prevention of Misfires
  • Handling of Misfires
  • Regulations Related to Misfires
  • Wet Holes
  • Extraneous Electricity
  • Definitions
  • Sources of Extraneous Electricity
  • Background (minimum firing current)
  • Minimizing the Probability of Stray CurrentHAZARD RECOGNITION

IN BLASTING

Introduction

The certified blaster needs to be able to recognize safety hazards that are natural to the geological formation he is working with as well as safety hazards that can be created by blasting. Weather, in the form of rain, freezing temperatures, and thawing can also create hazards. Rock mass has a wide variety in geology and structure. Rock characteristics can vary greatly from one part of a mine to another. Bedding planes, joints, cracks, faults, open beds, cavities, mud seams, and zones of weakness/incompetent rock may be detected by a driller and aid the certified blaster in avoiding or creating a hazard. An accurate drilling log and good communications between the certified blaster and driller can help in maintaining a successful blasting program.

Rock Structure

Rock structure can be described as the features produced in a rock by movements during and after its formation. Rock structure is the result of what has happened to rock over millions, even billions of years.

Classification/Types of Minerals Mined in Virginia

Classifications:

  • Sedimentary Rock – a layered rock, formed through the accumulation and solidification of sediment which may originally be made up of minerals, rock debris, animal or vegetable matter.

Examples: Limestone, Sandstone, shale, gypsum, conglomerate, salt

  • Igneous Rock – formed from molten material that solidified upon cooling.

Examples: Granite

  • Metamorphic Rock – formed (while in the solid state) by the transformation of pre-existing rock beneath the earth’s surface through agencies of heat, pressure, and chemical active fluids.

Examples: Slate (was shale), quartzite (was sandstone), marble (was limestone) DMM Surface Blaster’s Certification Study Guide

9 Natural Geologic/Ground Control Hazards

Defined – a condition in the rock or mineral deposit that may pose a safety or health threat to personnel. This can result from mining activity or from natural geology of the formation.

Faults – fractures with subsequent rock movement along one or both sides of the fracture zone.

A fault may contain fine-grained material or recrystalized rock. During blasting, faults can cause overbreak or backbreak to a fault plane. Venting or blowout could occur if material within the fault zone is weakly cemented/formed.

Bedding – the layering or planes dividing rock formations. Separation of beds can be fractions of an inch to tens of feet apart.

Joints – cracks or fractures in rock with no associated displacement. A joint can be intersecting with as well as perpendicular or parallel to bedding planes. It is common for a complex pattern of many joints to be present in a single geologic unit. Joints are usually most troubling relative to distributing and confining explosive energy within a rock mass, especially if existing joints are open.

Contacts – places or surfaces where different rock types come together.

Hazards that can result from mining activity include overhanging material, loose unconsolidated material on the face, back-break, excess toe, oversize rock, and airborne contamination/exposure of harmful substances (silica, asbestos).

For most mineral mines, maximum dust exposure limits are determined by the amount of free silica (quartz) found in airborne dust in their work environment. The percentage of quartz varies with the type of rock, sand, or mineral being mined. Granite tends to have a moderate to high percentage of silica while limestone is normally low; therefore a miner working at a limestone quarry has a much higher permissible exposure limit (PEL) for dust than a miner working at a granite quarry.

Miners who inhale tiny (respirable) particles of silica run the risk of contracting “silicosis” which can seriously impair their ability to breathe normally. Any type of dust, fume or mist inhaled can be detrimental; therefore, miners should minimize their exposure by ensuring that control measures such as water sprays and dust collectors are operational, and by using appropriate PPE supplied by the mine operator.

Hazards that can result from geological conditions include fault zones, slip planes, bedding, caves/cavities, fracture formations, mud/dirt seams, weathering, aquifers, joints/folds.

An examination for unsafe conditions, and the responsibility to report such conditions, is the direct responsibility of each miner (4 VAC 25-40-460).

DMM Surface Blaster’s Certification Study Guide

10 Misfires

Introduction

The certified blaster’s search for misfired explosives after the shot must be thorough since every charge that does not detonate truly represents a potential accident.

The rule in blasting is, or should be, that the best way to handle a misfire is to prevent it from occurring in the first place.

Prevention of Misfires

The best way to prevent a misfire is to become familiar with the most common causes.

Twelve of the most common causes are listed below:

Poor wire/tubing connections (corrosion, dirt)

Bare splices on the ground, lying in water or wet areas

Improper detonator circuit

Improperly balanced detonator circuit

Current leakage or damaged tubing

Mixing detonators from different manufacturers in the same blast.

Detonators not wired or connected into the circuit

Defective or inadequate firing line

Inadequate power supply 10. Improperly made primers 11. Using nonwater resistant explosives in wet holes 12. Improper loading practices

Occasionally, a primer will detonate but not initiate a portion of the powder column. These misfires are often due to ground movement cutoffs, inadequate priming, deteriorated explosives, or bridged charges in the borehole.

Handling of Misfires

Under most conditions the safest way to dispose of a misfire is to reshoot it, provided there is sufficient burden around the borehole to prevent flyrock hazards. If electric detonators fail or if nonelectric initiators fail, an attempt to shoot the borehole with a fresh primer may be made if deemed safe by the certified blaster in charge.

This work will require the stemming to be removed; such work must be done with great care. The best method to remove stemming is with a stream of water through a plastic pipe or hose. Once the stemming is removed a new primer may be inserted in the borehole. There have been cases where the second primer did not initiate the entire powder column but generated enough heat to cause the original misfired charges to start burning. This will result in a dangerous “hang fire” which may detonate several minutes later. The sound of a reprimed charge is not a certain indication that the original misfire has completely detonated.

DMM Surface Blaster’s Certification Study Guide

11 Regulations Related to Misfires

4 VAC 25-40-820 -- provides for a 15 minute waiting time before entering the blast area; disposal to be done in a safe manner by the certified blaster; and the guarding or barricading and posting of warning signs until the misfire is cleared.

4 VAC 25-40-800 A -- a certified blaster shall be in direct charge of blasting activities.

Wet Holes

Boreholes that contain moisture should not be loaded with unprotected ANFO. A water-resistant ANFO product should be used. Water readily dissolves ammonium nitrate prills, leading to desensitization of the ANFO. This desensitizing effect of water has been demonstrated in many poor blasts where ANFO was used in wet boreholes without sufficient emulsion or external protection.

Wet hole bags can easily become separated by floating in water or mud in the borehole.

Frequent priming of every other bag can help overcome the substandard performance from this problem.

In severe water conditions, a water-resistant product should be loaded as packaged and shot as soon as possible. Certified blasters must know their water conditions and use products that will perform safely.

In addition to wet hole explosive bags, other measures used to combat water problems are borehole liners & dewatering.

Extraneous Electricity

Definitions

Stray Current – current that flows outside an insulated conductor system.

Static Electricity – electrical energy that is stored at rest on some person or object.

Sources of Extraneous Electricity

  1. Lightning discharges to ground from electrical storms.
  2. Stray ground currents from poorly insulated and improperly grounded electrical equipment.
  3. Radio frequency (RF) energy from transmitters.
  4. Induced currents, present in electromagnetic fields, such as those commonly found near high- voltage transmission lines.
  5. Static electricity generated by wind-driven dust and snowstorms, by moving conveyor belts, and by the pneumatic conveying of ANFO.

DMM Surface Blaster’s Certification Study Guide

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  1. Galvanic currents generated by dissimilar metals touching or separated by a conductive material.

Static electricity can be generated in the atmosphere and stored on any insulated and ungrounded conductive body, such as a person or truck and can be discharged through detonator wires.

Intense high-frequency radiation can accidentally initiate electric detonators. Therefore, an investigation of any potentially hazardous source of radio frequency (RF) energy near a blasting site should be conducted when using electric detonators. The Institute of Makers of Explosives (IME) Safety Library Publication #20 classifies sources of radio frequency and lists safe distances.

Other sources of possible stray current include electric fences in the blast area, metal fences, machinery housings, a conductive rock strata, and any other object in contact with a defective insulated electrical source.

Lightning undoubtedly represents the greatest single hazard to blasting because of its erratic nature and high energy whether using an electric or nonelectric system. In the interest of safety, blasting should be suspended, and all personnel should be evacuated to a safe distance from the blast area whenever lightning storms are in the vicinity. The danger from lightning is considerably increased if there is a transmission line, water line, compressed air line, fence, stream, or other conductor available to carry the current between the storm and the shot location. A common sense rule is to evacuate the shot area when thunderstorm activity comes within 5 miles of the shot site.

Background

The minimum firing current for commercial electric blasting caps presently manufactured in the United States is approximately .25 amps. The IME has established the maximum “safe” current permitted to flow through an electric blasting cap without hazard of detonation as .05 amps.

When extraneous currents such as stray current exceeds .05 amps, the source of current must be traced and eliminated before electric-blasting caps can be used safely. If the source of current cannot be traced and eliminated, then a nonelectric system of initiation must be used.

Safety Procedures to Help Minimize the Probability of Stray Current

  1. If an electrical power distribution system and or electrically operated equipment is located near a blasting site, then periodic checks of the wire and insulation should be made to insure it is maintained in good condition.
  1. All metal objects, pipes, framework of metal housings, etc. should be provided with a low resistance ground to earth.
  1. Remove all possible potential sources of stray current such as powerlines, lights, DMM Surface Blaster’s Certification Study Guide

13 electric equipment, batteries, etc. from the blast site prior to the loading of explosives.

  1. Known stray current sources located near blasting should be de-energized and locked out when explosive materials are present.
  1. Do not remove shunts from detonator legwires except for continuity testing, after which they should be reshunted, and kept shunted until tying them into the blast circuit.
  1. Insure that all splices are insulated from the earth or ground and other potential stray current sources. Always use a well-insulated firing line that is not damaged and is not near any possible source of stray current.
  1. Precautions to take during dust and snowstorms include placing the electric detonators on the ground and slowly extend the legwires along the ground.
  1. Electric blasting should be suspended when severe dust or snowstorms are present.
  1. All moving equipment in the blast site that can generate static electricity should be shut down while blasting circuits are being connected and until the blast has been fired.

10. A semiconductive loading system for ANFO will help to bleed off the static charge as it is generated.

11. Make certain that there are no radio frequency transmitting devices (including cellular phones) closer than recommended by The Institute of Makers of Explosives (IME) and be on the lookout for new structures/antennas.

12. Keep mobile radio transmitters in the “off” position near blasting areas and place adequate signs to remind mobile transmitter operators.

DMM Surface Blaster’s Certification Study Guide

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SECTION 3

BASIC KNOWLEDGE OF BLASTING DMM Surface Blaster’s Certification Study Guide

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SECTION 3 – BASIC KNOWLEDGE OF BLASTING

  • Explosive Properties – General
  • Explosive Products
  • Dynamite
  • Water Gels/Slurries
  • Emulsions
  • Anfo – Blasting Prills
  • Blends
  • Boosters
  • Initiating Devices
  • Electric
  • Non-electric
  • Detonating Cord
  • Shock Tube
  • Black Powder
  • Blasting Instruments
  • Blaster’s Multimeter
  • Blaster’s Ohmmeter
  • Blasting Machines
  • Seismograph DMM Surface Blaster’s Certification Study Guide

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BASIC KNOWLEDGE OF BLASTING

Explosive Properties

An explosive is a chemical compound, or mixture of compounds, initiated by heat, shock, impact, friction, or a combination of these conditions. Once initiated, it decomposes very rapidly in a detonation producing a rapid release of heat and large quantities of high-pressure gases. The gases produced expand rapidly with sufficient force to overcome confining forces, such as the rock surrounding a borehole. High explosives are categorized as being able to be initiated by a No. 8 test blasting cap, and which react at a speed greater than the speed of sound through the explosive medium.

If improperly or accidentally initiated, explosives may burn without the aid of atmospheric oxygen. The flame burning of explosives is called deflagration.

The energy released by the detonation of explosives manifests itself in four basic ways: 1) rock fragmentation; 2) rock displacement; 3) ground vibration; and 4) airblast. In addition, toxic and non-toxic fumes are also produced, and are released into the atmosphere.

All explosives have specific characteristics which differentiate them, and which can be measured to determine their performance under specific blasting conditions. A brief explanation of some of the more important explosive properties follows.

Detonation Velocity

Detonation velocity (DV) is the speed at which the detonation wave travels through a column of explosives. DV is typically measured in feet per second (fps), or meters per second (m/s), and may be affected by many factors including explosive type, diameter of the explosive column, confinement, and temperature. Most commercially available explosives in use today have detonation velocities in the range of 10,000-18,000-fps. Each explosive has an ideal velocity, which is dependent on the explosive’s composition and density.

Depending on the type of explosive, and how it is confined, the diameter of the product will influence the DV up to a certain charge diameter. Generally, the larger the diameter the greater the velocity until the explosive’s maximum (ideal) velocity is reached. DV is also strongly dependent on the density (packing density in a drill hole) of the explosive. All explosives also have a critical diameter, which is the smallest charge diameter at which the detonation process will support itself once initiated.

Confinement of the explosive charge will also affect the DV. Generally, the greater the confinement of the explosive the higher the DV. For some explosive products such as ANFO, dynamites, emulsions, heavy ANFO, and water gels the effect of confinement can be significant in small diameter holes. Confinement usually has less influence on DV as the charge diameter increases.

DMM Surface Blaster’s Certification Study Guide

17 Adequate priming of an explosive charge is critical in ensuring that the detonation will reach its maximum velocity as quickly as possible. If priming is inadequate the charge may fail to detonate, may build up slowly to its final velocity, or may initiate a low order detonation or deflagration. Blasters should always follow the explosive manufacturer’s recommendations for priming in order to ensure maximum velocities.

Density

The packing density of an explosive loaded in a borehole is one of its most critical properties. Density affects sensitivity, DV, and critical diameter of the explosive charge. It is defined as the weight per unit volume and is typically expressed in grams per cubic centimeter (g/cc). The density of most commercial explosives ranges from a low of about 0.8 g/cc to a high of about 1.6 g/cc. Free-flowing ANFO products are in the low density range of approximately

  1. 8 - 1.15 g/cc. Cartridge explosive products such as emulsions, water gels, and dynamites have densities in the range of 0.9 -1.6 g/cc. Since water is considered to have a density of 1.0 any product with a density of less than 1.0 will float. Blasters should also realize that muddy water or salt water in a borehole might have a density greater than 1.0 g/cc.

Sensitivity

Sensitivity is a loosely used term that indicates the absolute or relative ease with which an explosive can be induced to chemically react. Different explosives will show differing sensitivity to stimuli such as shock, low velocity impact, friction, electrostatic discharge, or other sources of energy. The shock initiation sensitivity is the ease with which an explosive can be induced to detonate. Some explosives require only a single detonator for initiation, while others require large booster charges.

Detonator, or cap sensitivity, is one measure commonly used to indicate product ease of initiation, and also to classify products for safety in transportation, storage, and use. The standard used is the explosives’ sensitivity to initiation by a No. 8 test blasting cap. Blasting agents are an example of an explosive product that will not initiate with the detonation of the No. 8 test cap, under test conditions.

Fumes

The chemical reaction resulting from the detonation of explosives produce water vapor, carbon dioxide, nitrogen, and also in smaller concentrations, poisonous gases such as carbon monoxide and nitrogen oxides. Fumes differ from smoke, in that smoke is mostly steam and the solid products of combustion and detonation. Exposure to smoke, especially that produced from dynamite, should be avoided as severe headaches may result from contact with small particles of unreacted nitroglycerin in the smoke. Some carbon monoxide and oxides of nitrogen will be produced from all detonations, with the amounts depending on the conditions of the detonation.

It is imperative that adequate waiting periods be observed before allowing personnel to enter the blast area, as some toxic gases are both odorless and colorless. Absence of smoke is no guarantee that noxious gases are not present in the blast area, therefore always ensure the area has been sufficiently ventilated before entering.

DMM Surface Blaster’s Certification Study Guide

18 Flammability

Flammability refers to the ease with which an explosive, or blasting agent can be ignited by heat. As you might suspect, most dynamites are easy to ignite and burn violently. If the burning takes place in a confined space the burning may transform into a detonation. Water gels and emulsions are more difficult to ignite than dynamite, however, after most of their water is evaporated by a heat source they can support combustion without confinement. Of the most common commercial explosives, ammonium nitrate products, emulsions and water gels have a lower tendency than dynamite to convert burning into a detonation.

Explosive Classification

The U.S. Dept. of Transportation classifies explosives according to their hazard potential.

Division 1.1 or 1.2 (formerly Class A) explosives: This class exhibits the maximum hazard potential and includes such products as dynamites, certain watergels/slurries, fuse, fuse caps, electric and non-electric detonators, detonating cord, MS connectors, primers, boosters, etc. All those explosive products that can be initiated by a No. 8 test blasting cap are classified as high explosives and must be handled with caution.

Division 1.3 (formerly Class B) explosives: This class possesses a flammable hazard, and includes fireworks. Class B explosives do not have a particular application to mining.

Division 1.4 (formerly Class C) explosives: This class possesses a minimum hazard and includes primarily blasting agents, such as ANFO, and low sensitivity water gels.

Explosive Products

Dynamite

Dynamite has been a mainstay of the commercial explosives industry, ever since Alfred Nobel learned that nitroglycerin absorbed into diatomaceous earth was safer to transport, and use. Most modern dynamites contain nitroglycerin as a sensitizer, or as the principal means for developing energy. Where field conditions permit, ANFO, water gels, and emulsions have replaced dynamite as lower cost alternatives. Dynamites are packed into cylindrical cartridges ¾”diameter, or larger, and ranging from 4-24” in length.

The three basic types of dynamite are: granular, semi-gelatin, and gelatin. The semi-gelatin and gelatin dynamites contain nitrocotton, a cellulose nitrate that combines with nitroglycerin to form a cohesive gel, in relatively high percentages. Dynamites also differ in the principal materials used to provide their energy. In ‘straight’ dynamites nitroglycerin is the principal energy source, in ‘ammonia’, or so-called ‘extra’, dynamites ammonium nitrate replaces a large portion of the nitroglycerin to create a less expensive and more impact resistant dynamite. In these dynamites the ammonium nitrate is the principal source of energy, and the nitroglycerin acts as a sensitizer.

DMM Surface Blaster’s Certification Study Guide

19 The nitroglycerin in dynamites can be inhaled, or absorbed through the skin. It acts as a blood vessel dilator, reducing the amount of blood flow to the brain, and causing headaches that are sometimes severe.

Water Gels and Slurries

“A water gel/slurry explosive is essentially a thickened aqueous solution of oxidizer and/or fuel salts in which is dispersed additional oxidizers and/or fuels as well as sensitizers.”4 As a slurry the explosive is fluid, pumpable and essentially miscible with water. As a water gel formulation the explosive has been made dimensionally stable and water-resistant by the addition of cross-linking agents. Water gel explosives contain significant amounts of water and separate oxidizer and fuel components making them less sensitive than water-free nitroglycerin dynamites. Water gels are made up of oxidizing salts and fuels dispersed in a continuous liquid phase. The addition of gellants, and cross-linking agents, thickens the mixture and makes it water-resistant. Ammonium nitrate, sodium nitrate, and calcium nitrate are the oxidizing salts most commonly used, whereas aluminum, coal, gilsonite, sugar, ethylene glycol, and oil are the most common fuels. The addition of nitrate salts of organic amines, nitrate esters of alcohol, perchlorate salts, fine particle size aluminum, or other explosives may adjust the sensitiveness of the water gels. Also, physical sensitizers such as chemically produced bubbles, or glass ‘microballoons’, may be blended into the gel either alone, or in combination with other chemical sensitizers. The density of most water gels ranges from 1.0 – 1.35 g/cc. Water gels may be formulated to be either cap sensitive, or insensitive. In either case they are less sensitive to abusive impact, shock, or fire than dynamite. They are explosives, however, and should never be abused. The sensitivity of water gels is affected by temperature, with higher temperatures increasing the sensitivity of the products.

Emulsions

Emulsion explosives are the combination of two immiscible (incapble of mixing) liquids in which one phase is uniformly dispersed throughout the other. They are dispersions of water solutions of oxidizers in an oil medium, or water-in-oil emulsions. The unique structure provides a high ratio of oxidizer to fuel, and gives the emulsion its unique characteristics. The fuel phase of an emulsion is typically oil or wax, or a combination of the two. No. 2 fuel oil is common to many emulsions. The oxidizer solution phase consists of microscopically fine droplets that are surrounded by the fuel phase. The oxidizer solution always contains ammonium nitrate, and may also contain sodium nitrate, calcium nitrate, and ammonium or sodium perchlorate. The oxidizer remains dispersed in the fuel to form a stable emulsion through the addition of a surfactant or emulsifying agent. The ratio of oxidizer to fuel in an emulsion is typically 9:1. In some cases aluminum, or ANFO, are added to an emulsion to increase the energy of the explosive. Emulsions have been found to be very safe explosives to handle, and use, and have failed to detonate in impact and friction tests standard to the industry.

Emulsions will normally not detonate during burning, but there is no guarantee of this, especially if the emulsion has become contaminated with other materials. Although emulsions express a great degree of safety they will detonate if exposed to severe conditions, and should never be abused. Emulsions may be formulated as cap sensitive, or insensitive explosives. 4 ISEE Blaster’s Handbook, 17th Edition, Chapter 6, Water Gels/Slurries, pg. 69.

DMM Surface Blaster’s Certification Study Guide

20 Anfo – Blasting Prills

Ammonium nitrate is an essential ingredient in nearly all commercial explosives including those mentioned above. Predominantly it is used in the form of a small porous pellet called a prill, and mixed with fuel oil. Approximately four billion pounds of ANFO (ammonium nitrate-fuel oil) is consumed in the U.S. annually accounting for nearly 80% of the domestic commercial explosives market. The main limitations of ANFO are no water resistance, and low product density. ANFO in its most commonly used formulation consists of 94% ammonium nitrate prills, and 6% No. 2 diesel fuel. Although ammonium nitrate prills are extensively used as agricultural fertilizers they differ from explosive grade prills, as they are denser and less porous. The detonation velocity of ANFO is largely dependent on the size of the borehole and degree of confinement. DV may reach nearly 16,000 fps under optimum conditions. Most ANFO has a poured density of 0.77 to 0.85 g/cc with a practical maximum density of about 1.10 g/cc. Anfo is not cap sensitive, and must be primed to achieve maximum DV. When priming ANFO, the highest detonation pressure material available should be used thus assuring the ANFO reaches its steady state velocity within a minimum distance from the point of initiation.

Efficient primers for ANFO have diameters that approach the diameter of the borehole, especially in holes less than five inches in size. ANFO has no water resistance, and therefore should never be loaded unprotected into boreholes containing water. ANFO may be loaded bulk, may be packaged in bags, or may be packaged for loading in cylindrical textile, or cardboard, tubes with plastic liners.

Blends

Generally, a blend is a mixture of a water-in-oil emulsion and ANFO. They are typically not sensitive to initiation by means of a blasting cap, and are classified as blasting agents. There are three main purposes for blends. They are: 1) to increase the density of ANFO, thereby increasing energy in the borehole; 2) to provide water resistance to ANFO; and 3) to reduce mining costs. Blends containing less than 50% emulsion are sometimes called ‘heavy ANFO’.

Some formulations of blends may reach detonation velocities in excess of 18,000 fps. Blending of the products allows a wide range of detonation velocities, and densities for the explosive user.

Once the mixture reaches a ratio of 40:60 (emulsion:ANFO) the mixture is essentially waterproof. At a ratio of 60:40, the mixture may be pumped.

Boosters/Primers

A booster is an explosive used to perpetuate or intensify an explosive reaction. A booster is often, but not always, cap sensitive and does not contain an initiating device. The terms primer and booster are often used interchangeably, but the two serve very different functions. A primer is used to initiate an explosive reaction, and contains a detonator, detonating cord, etc., whereas a booster does not contain a detonator. Dynamite, water gel/slurries, and emulsions are all sometimes used as boosters for ANFO products. Many cast boosters are also used as primers, and are molded with a cap well in the booster so that insertion of a detonator is made easier.

Other types of cap sensitive explosives may also be used to make primers.

The popularity of ANFO and water gels created the need for the development of high-velocity and high-energy boosters. Compact, high detonation pressure, non-nitroglycerin boosters have been developed to meet this need. Even though these boosters are more resistant DMM Surface Blaster’s Certification Study Guide

21 to accidental detonation from impact, shock, or friction than dynamite they must be handled safely.

Cast boosters are cap sensitive explosives that typically contain the high explosive trinitrotoluene (TNT) as the casting material. Other explosive materials may be mixed into the melted TNT, and will impart different energy and/or sensitivity to the booster. Some types of cast boosters are pentolite boosters, composition B boosters, torpex boosters, and amatol/sodatol boosters. The density of cast boosters ranges from 1.55-1.7 g/cc, and they have excellent water resistance. They detonate at velocities of 20,000-25,000 fps, or more.

In addition to the cast boosters, nitroglycerin explosive boosters are still commonly used.

These are usually found in stick, or cylindrical form. Ammonium nitrate gelatins (so-called ‘extra’ gelatins) are the most popular of this type.

An accepted rule-of-thumb for efficient priming is to use the largest diameter primer that will fit the borehole. The primer is usually located at, or near, the bottom of the borehole.

Bottom initiation serves to maximize confinement of the charge, and tends to produce less flyrock and airblast than top initiated holes. Multiple primers may be used in single boreholes to ensure detonation of the entire explosive column, and to initiate separate, decked, explosive charges. Primers should never be made up until immediately prior to insertion into the borehole, and primer components should be kept physically separated until that time. When cartridge explosives are used as primers it may be necessary to make a hole in the explosive in order to seat the detonator. Only non-sparking implements (i.e. powder punch) should be used for this purpose. The detonator should always be completely seated within the explosive cartridge.

Since detonators fire directionally they should be oriented toward the center of the cartridge (see Diagram 3-1 for examples of primers).

Initiating Devices

Only by the careful choice, and utilization, of the proper initiating device can blasters achieve the most effective use of explosives. Blasters must always remember that all initiating devices are designed to explode, and must be handled with the same care as high explosives.

Depending on the prime source of energy, initiating devices fall into two basic types: electric and non-electric. Blasting caps may be instantaneous, or delayed in milliseconds (1/1000th of a second). To constitute separate detonations a delay must be at least 8 ms (milliseconds), however, most detonators are delayed in intervals of 25 ms.

Electric Detonators

Electric detonators come in several types with the most common being the low firing – current variety. An electric detonator consists of a metal shell containing a high explosive base charge that is designed to initiate other explosives. Above the base charge is a primary charge designed to convert the burning reaction transmitted from the ignition source into a detonation.

Above the primary charge, in delay detonators, is a pyrotechnic charge, which burns at a known rate. At the top of the detonator is the bridge wire that receives the electric current from the leg wires, which protrude from the cap. The bridge wire is encased in an ignition mixture. Internal safeguards are built into all modern commercial detonators in order to prevent electrostatic energy from accidentally initiating the detonator. Electric detonators, which contain no DMM Surface Blaster’s Certification Study Guide

22 pyrotechnic delay charge, are considered instantaneous detonators. The burning time of any delay charge determines the millisecond delay period of the cap.

Detonator leg wires may be made of copper, iron, or copper clad iron and come in a variety of gauges and lengths. Electric detonators produced in North America have shunts on the free ends of the leg wires to prevent current from unintentionally flowing through the bridge wire. Internal construction of electric detonators varies with different manufacturers, therefore, electric detonators from different manufacturers must never be used in the same blast. Such a practice is almost certain to result in dangerous misfires.

Diagram 3-1.Primers

Lead line /Leg Wires Cord Well

Cast Booster Detonator

Cap Well

In a cast booster the lead lines/leg wires are fed through the booster, and the detonator is then inserted into the cap well so that the detonation is directed into the explosive.

When making a primer using slurry, or cartridge explosives it may be necessary to make a hole in the explosive cartridge with a non-sparking implement. The lead line/leg wires may then be half-hitched around the cartridge, or taped to the cartridge. The detonator must be seated completely within the explosive.

Lead line/Leg wires

Tape Detonator (Insert into hole) Half-hitch around cartridge

Detonator DMM Surface Blaster’s Certification Study Guide

23 Proper electric blasting will allow for the safe firing of large numbers of detonators from a safe, remote location. “Successful electric blasting depends on four basic principles: 1) proper selection and layout of the blasting circuit; 2) an adequate energy source compatible with the type of circuit selected; 3) recognition and elimination of all electrical hazards; and 4) circuit balancing, good electrical connections, and careful circuit testing.”5 The type of circuit will depend to a great extent on the number of detonators to be fired, and the type of operation.

Generally, a single series is used on shots containing 50 detonators, or less. For delivering the electrical energy to the circuit a capacitor discharge blasting machine offers the safest, most dependable, and economical source.

Prior to loading any electrically detonated blast all electrical hazards must be eliminated.

Such hazards are lightning, stray current, radio frequency energy from transmitters, induced currents from high voltage power lines, and static electricity.

Once loading begins the connections between leg wires, connecting wires, and lead lines must be tight, clean, and insulated from the ground. Also, the circuit resistance of all circuits should be calculated, and tested. The resistance of each detonator should be tested prior to loading of the explosive charge, and the ends of leg wires, connecting wires, and lead lines should be kept shunted.

When testing electric blasting circuits a Blaster’s Multimeter or Blasting Ohmmeter (Blaster’s Galvanometer ) must be used. Use of any other instrument may result in enough current to cause a partial, or total detonation.

Two basic types of electric blasting circuits will be discussed in this guide: single series and series-in-parallel (See Diagram 3-2). A single series circuit provides a single path for the current through all the detonators. It is usually limited to small blasts containing 50 detonators, or less. A series-in-parallel circuit is the most common type of electrical blasting circuit. In this type of circuit the ends of two, or more, single series circuits are connected together, and are then connected to the firing line. The main advantage of the series-in-parallel hook-up is that a large number of detonators can be initiated without a large increase in voltage requirements.

In order to test a blasting circuit it is first necessary to calculate the theoretical circuit resistance. Methods of calculating the resistance of single series, and series-in-parallel, circuits is as follows:

Single series – The total resistance of a single series circuit is the number of detonators times the resistance of one detonator (See Table 3-2) plus the resistance of any connecting wire and firing line.

Circuit Resistance = (No. of detonators x resistance of one detonator) + resistance of connecting wire + resistance of firing line. The resistance of wire is calculated by taking the resistance of 1000’ of the appropriate gauge wire from a chart (See Table 3-1), multiplying the figure by the total number feet of that gauge wire used in the circuit, and then dividing by 1000. 5 ISEE Blaster’s Handbook, 17th Edition, Chapter 16, Electric Firing Techniques, pg. 179.

DMM Surface Blaster’s Certification Study Guide

24 Resistance of wire = total length of wire x resistance of 1000’ of wire

1000

Resistance figures are calculated, and measured, in Ohms.

Example: Calculate the total circuit resistance of a single series containing 20 detonators, with a resistance of 2.1 ohms each, 200’ of 16-gauge connecting wire, and 1000’ of 14-guage firing line.

Cap resistance = 20 x 2.1 ohms = 42 ohms

Connecting wire resistance = 200 x 4.02 = 0.804 ohms

1000

Firing line resistance = 1000 x 2.53 = 2.53 ohms

1000

Total circuit resistance = 42 (detonators) + 0.8 (connecting wire) + 2.53 (firing lines)

= 45.33 ohms

When tested the circuit should read between 45 and 46 ohms. If the reading is too low some detonators may not be connected in the circuit. If the reading is too high it indicates too many detonators in the series, or loose or dirty connections.

DMM Surface Blaster’s Certification Study Guide

25 Diagram 3-2. Wiring Configurations

Electric Blasting Caps

Connecting Wire

Firing Line

Power Source

A. Single Series Circuit Electric Blasting Caps

Connecting Wire

Firing Line

Power Source

B. Series-in-Parallel Circuit DMM Surface Blaster’s Certification Study Guide

26 Table 3-1.6 Resistance* of Copper Wire

AWG Gauge No.

Ohms per 1,000 feet

6 8 10 12 14 16 18 20 22

  1. 395
  2. 628
  3. 999
  4. 588
  5. 525
  6. 02
  7. 39 10.15 16.14
  • At 68° Fahrenheit. 6 ISEE Blaster’s Handbook, 17th Edition, Chapter 16, Electric Firing Techniques, pg. 186.

DMM Surface Blaster’s Certification Study Guide

27 Table 3-2.7 Nominal Resistance* of Electric Blasting Detonators In Ohms per Detonator (This is for sample calculations only: refer to your supplier for actual resistances of your products)

Copper Wire Iron Wire

Length of Wire Instantaneous Delay Instantaneous Delay (Feet) Detonators Detonators Detonators Detonators

4

  1. 26
  2. 16
  3. 10
  4. 00 6
  5. 34
  6. 24
  7. 59
  8. 49 7 --
  9. 84 -8
  10. 42
  11. 32
  12. 09
  13. 99 9 --
  14. 34 -10
  15. 50
  16. 40
  17. 59
  18. 49 12
  19. 58
  20. 48
  21. 09
  22. 99 14
  23. 67
  24. 57
  25. 58
  26. 48 16
  27. 75
  28. 65
  29. 08
  30. 98 20
  31. 91
  32. 81
  33. 06
  34. 98 24
  35. 07
  36. 97

30

  1. 15
  2. 21

40

  1. 31
  2. 06

50

  1. 42
  2. 32

60

  1. 69
  2. 59

80

  1. 71
  2. 61

100

  1. 11
  2. 01
  • At 68° Fahrenheit. 7 ISEE Blaster’s Handbook, 17th Edition, Chapter 16, Electric Firing Techniques, pg. 185.

DMM Surface Blaster’s Certification Study Guide

28 Series-in-Parallel – It is important to remember in series-in-parallel circuits that the resistance of all the series in the circuit should be balanced. Balancing the series is usually done by wiring the same number of detonators in each series. In order to determine the resistance of a balanced series-in-parallel circuit the resistance of one series, in the circuit, is divided by the total number of series in the circuit.

Detonator circuit resistance = Resistance of one series

Total number of series in the circuit

Example: Calculate the total resistance of a series-in-parallel circuit containing 5 series of 10 detonators each. The resistance of a single detonator is 2.32 ohms.

Resistance of one series = 10(detonators) x 2.32 ohms

=23.2 ohms

Number of series in the circuit = 5

Total resistance of the detonator circuit = 23.2

5

= 4.64 ohms

The resistance of the entire blasting circuit would be found in the same way as it was done in the previous example for a single series. The resistance of the detonator circuit would be added to the resistance of any connecting wire and the firing lines.

In order to find the current in any electrical circuit we can use Ohm’s law. It states that the current flowing in a circuit is equal to the voltage divided by the resistance.

I = V Where: I = current in amperes

R

V= applied voltage in volts

R= resistance in ohms

It is important to remember that the nominal firing current for each series, in a series-in-parallel hook-up, of basting caps is 1.5-2.0 amperes depending on the manufacturer. If mixed series of instantaneous, and delay detonators are used in a circuit a current of 2.0 amperes should be used due to the fast functioning of the instantaneous caps.

Current leakage is another problem that can cause misfires when using electric detonators if it is undetected. Current leakage is the loss of a portion of the firing current through the ground, therefore bypassing the firing circuit. The leakage can be caused by the detonator leg wires being damaged during loading, the wire connections coming in contact with the ground, or improper splices in the boreholes. Current leakage can be detected by the use of a Blaster’s Multimeter. The conductivity of the rock is the principal factor in the amount of current leakage that can occur.

Capacitor discharge blasting machines, when used properly, are the most dependable method of detonating electric blasting caps.

DMM Surface Blaster’s Certification Study Guide

29 Capacitor discharge blasting machines are most commonly used for detonating electric blasts, but in order to determine if sufficient current is being delivered to the entire shot the blaster must consider the rapid current decay associated with the machine. Charts have been developed for use with individual blasting machines to show the number of detonators, and number of series, that the machine will safely detonate. Blasters must consult the appropriate chart for their machine to ensure it will deliver sufficient energy to detonate their planned blast.

The above information is provided for review only. It is not intended to be sufficient information to design a blast. Additional training, charts, and other information are required for each blast design. The information in this section is taken from the 17th edition of the ISEE Blaster’s Handbook.

Non-electric Detonators

There are two main types of non-electric detonation systems in use in North America today, shock tube and detonating cord. The main advantage of non-electric systems is perceived to be their lack of susceptibility to initiation from extraneous electrical energy. The shortcoming of most non-electric systems is that they cannot be tested to ensure a complete circuit exists prior to detonation.

First, we will discuss detonating cord systems. Detonating cord is a flexible cord containing a core of high explosives. The cord detonates at a velocity of approximately 22,000-fps. Different sizes of detonating cord are usually expressed as grains of explosive per linear foot of cord. The core of detonating cord is usually composed of PETN, and is covered with various combinations of materials. The cords are generally color coded by each manufacturer to identify the product grade. Detonating cord, although classified as a high explosive, is relatively insensitive, and requires close contact with at least a No. 6 detonator to assure initiation.

Depending on the core load, and type of explosives, detonating cord may propagate through knots and splices. Most cords with at least 20 grains/ft of explosive will propagate through splices. The manufacturer’s recommendations should be consulted, and followed, for each specific cord. When used down boreholes, exploding detonating cord will cause the compression of the explosive column surrounding the cord. This is a concern with explosives that have a critical density range in which they will detonate, such as ANFO in small diameter holes. Where compatible, detonating cord may also be used in conjunction with shock tube initiation systems.

One of the concerns with using detonating cord is the amount of noise generated when the cord explodes. Because of the noise, any cord greater than 3 grains/ft must be covered with at least 6 inches of loose earth when being used within 800 ft. of an inhabited building. Also, to insure complete detonation, a double trunk line or loop system must be used to connect holes in the blast. Other specific regulations for the use of non-electric detonating systems can be found in Sec. 4 VAC 25-40-930 of the Safety and Health Regulations for Mineral Mining 1998.

Detonating cords with low core loads of 2.4-4.0 grains/ft are considered low energy cords. These cords transmit their explosive energy to an attached detonator. They are somewhat similar in appearance to shock tube systems, and are attractive in situations where it is important for the cord to self-destruct. By doing so, they leave no contamination in the product being mined.

DMM Surface Blaster’s Certification Study Guide

30 Surface delay systems are available for both types of detonating cord, therefore, allowing flexibility in blast delay patterns. Detonating cord should always be cut with a knife, and not with pliers, wire strippers, or scissors, due to the hazard of metal to metal contact.

The second type of non-electric detonation system is the shock tube. The system utilizes a dust explosion in an almost empty tube to transmit the initiation signal. The tube is coated on the inside with a fine layer of HMX high explosive, combined with aluminum. The explosive is held on the tube wall by a static charge. When sufficient shock, and ignition, is delivered to the tube the dust explodes and the detonation is propagated through the tube in a fashion similar to a coal dust explosion in an underground mine. The tubing is insensitive to ordinary heat or impact, and requires high impulse shock to be energized. The most common initiation devices are mechanical devices, which utilize a shotgun shell primer activated by a firing pin. The reaction travels through the tube at a rate of approximately 6,500-7,000 fps. When the explosive reaction reaches a detonator it initiates the functioning of the delay elements in the detonator.

With the exception of the ignition area, the detonator is very similar to one detonated electrically. Surface delay connectors, and down hole delay detonators are available for these systems making them very flexible and adaptable. The shock tube itself is made of a durable, flexible plastic, however, any cut or damage to the tube that might allow moisture to enter the tube could result in a cutoff of the detonation signal. The following is a list of precautions particular to the use of nonelectric shock tube detonating systems:

  • Always store, handle, transport, and use all explosive products, including nonelectric systems, in accordance with the manufacturer’s instructions.
  • Only properly trained personnel should use nonelectric detonating systems.
  • Always avoid situations where shock tube could become entangled, or entwined, with vehicles, machinery, or equipment.
  • Protect the components of shock tube systems from unintended energy, such as, any source of heat, electricity, or impact.
  • Always follow the manufacturers’ recommendations when cutting and splicing lead-in trunkline shock tube.
  • Never remove, or crimp, a detonator on shock tube.
  • Never allow water, or moisture to enter a shock tube.
  • Never hold shock tube in your hand while detonating, as the tube may rupture.
  • Do not mishandle, or abuse shock tubing.
  • Do not kink, pull, stretch, or put undue tension on shock tube.
  • Never attempt to disassemble a surface delay detonator from the connector block.
  • Never abuse shock tube by driving vehicles, or equipment, over it.
  • Never attach the shock tube lead line to the initiating device until the blast area has been cleared.
  • Since shock tube systems can only be checked visually, the blaster must use a systematic and orderly method of inspecting the hookup. Preferably, the visual inspection should be done twice to ensure proper connections of all tubing in the blast.

Non-electric systems vary from manufacturer to manufacturer, therefore always consult the manufacturer’s recommendations for the product being used. Never mix systems from different manufacturers in the same blast unless specifically approved by the manufacturers.

DMM Surface Blaster’s Certification Study Guide

31 Black Powder

The modern commercial explosives industry has its roots in the development of black powder. The main ingredient of black powder was initially potassium nitrate (saltpeter), and is thought to have been used by the Chinese as early as the 10Th century. Later explosive manufacturers were able to substitute sodium nitrate for the more costly potassium nitrate.

Annual consumption of black powder in the U.S. is less than 100,000 pounds. Black powder forms the powder train in safety fuse, and has historically been used in the dimension stone industry in Virginia. In order for an operator to use safety fuse, or black powder, in Virginia they must first receive special approval from the DMM (4 VAC 25-40-800 C). The approval would specify restrictions for handling, transportation, and storage of the materials.

DMM Surface Blaster’s Certification Study Guide

32

BLASTING INSTRUMENTS

Blaster’s Multimeter

“The blaster’s multimeter is a compact volt-ohm-millivolt meter specifically designed to measure resistance, voltage, and current in blasting operations.”8 In all cases, instruments used to test blasting circuits should include the word blaster’s in the name. Standard electrical test meters must never be used to test blast circuits as they may deliver sufficient current to detonate all, or part, of a blast. The blaster’s multimeter can be used to: 1) measure the resistance of a single blasting circuit for continuity, and the total resistance in a series-in-parallel circuit; 2) survey blast sites to determine if extraneous current hazards exist; 3) measure a wide range of resistances necessary to investigate static electricity hazards, and; 4) measure power line voltages up to 1500 volts AC and DC.

Blasting Ohmmeter

The blasting ohmmeter is an analog (‘swing needle’) device used to measure the resistance in ohms of a blasting circuit. The measurement is useful for:

  • determining if the bridgewire of an individual detonator is intact
  • determining the continuity of an electric detonator series circuit, and
  • locating broken wires and connections in a series, or series-in-parallel circuit. 8 ISEE Blaster’s Handbook, 17th Edition, Chapter 33, Blasting Equipment and Accessories, pg. 539.

DMM Surface Blaster’s Certification Study Guide

33 If the special silver chloride battery in the blaster’s ohmmeter is depleted it must be replaced with an identical battery. Never replace it with a standard battery.

Blasting Machines

The two basic types of blasting machines are: 1) generator; and 2) capacitor discharge

(CD).

The generator type machine uses a small hand driven generator to produce a direct current pulse that energizes the electric detonators. The energy is generated by the twist of a handle, squeeze of a lever, or pushing down of a handle. The generator type machines are usually rated by the number of instantaneous, or delay, caps that they will successfully fire in a straight series. Under certain conditions these type machines may be used to detonate series-in-parallel circuits, but should never be used for straight parallel circuits.

CD blasting machines have a capacitor, or bank of capacitors that store a large quantity of electrical energy. The energy may be supplied by a high voltage battery, or by a high voltage

oscillator from a low voltage battery. The blaster discharges the energy into the blasting circuit by activating a firing switch. The discharge of energy occurs in milliseconds. CD blasting machines will discharge many electric detonators in relation to their weight and size, and are a reliable means of firing electric blasting circuits. The machines are rated in terms of voltage and energy, and blasters must consult the manufacturer’s specifications to determine if the machine is sufficient for their application. The machines should always be used in accordance with the manufacturer’s recommendations. Persons using capacitor discharge blasting machines must be aware that the discharge from the machine can be lethal. Blasting machines should be tested frequently, by an approved tester, to insure that the machine delivers its full output of energy.

DMM Surface Blaster’s Certification Study Guide

34 Several CD blasting machines combined into a single unit is called a sequential timer.

The timer is programmed so that it energizes multiple electric detonator circuits in a time delay sequence. The units provide blasters with a number of delays greater than those available when using electric detonators with a conventional blasting machine. They are especially useful where it is necessary to limit the amount of explosives per delay in order to control noise and vibration.

Blasting Seismographs

A blasting seismograph is used to monitor, record, analyze, display, and print ground vibration and noise from a blast. It is used to measure the transfer of seismic wave energy from one point to another. Standard seismographs utilize four channels for signals from four sensors; three for ground motion and one for sound (air pressure). The data from blast events are shown as peak measurements of ground motion and airblast. Ground sensors are contained in a geophone, which is placed in direct contact with the earth, and airblast is monitored through a microphone. Typical data registered are peak particle velocity (the speed at which a particle moves perunit of time), peak displacement (the distance particles are moved by the seismic wave), peak acceleration (rate of change in velocity per unit of time), and the frequency of movement (the number of cylces per second (hertz) that the particles vibrate). Airblast is a temporary pressure pulse above the atmospheric pressure level. Airblast is measured in pounds per square inch, and converted into decibels (dB). Below are two examples of seismographs.

DMM Surface Blaster’s Certification Study Guide

35

SECTION 4

BLASTING DESIGN / CONTROL DMM Surface Blaster’s Certification Study Guide

36

SECTION 4 – BLASTING DESIGN/CONTROL

  • Drilling
  • Selection of Hole Diameter
  • Required Production
  • Terrain
  • Material Characteristics
  • Type and Size of Excavating and Hauling Equipment
  • Proximity to Vibration-Sensitive Areas
  • Bench or Lift Height
  • Explosives Type and Size
  • Burden and Spacing
  • Stemming
  • Timing/Delays
  • Scaled Distance
  • Weather and Atmospheric Conditions
  • Time of Day DMM Surface Blaster’s Certification Study Guide

37

BLASTING DESIGN/CONTROL

Drilling

In the surface drilling and blasting profession the most critical part is often the drilling portion. A blasthole is a cylinder whose prime purpose is to accommodate an explosive charge.

A drill log/report is the best way for a driller to communicate the condition of the blastholes to the certified blaster in charge of the blasting operation. The log/report should include but not limited to:

  1. Identify each hole in the drill pattern.
  2. The amount of overburden (material on top of the rock being blasted).
  3. Seams and at what depth they are located.
  4. Mud and at what depth it is located.
  5. Water and at what depth it is located.
  6. Total depth of the drill hole.
  7. Was subdrilling done and how much.

The drill log/report information should be included in the planning of the blasting operation by the certified blaster.

It is important that mine operators covey information related to their mine development plan to the drillers and blasters who will ultimately implement critical parts of the plan. The certified blaster is charged with designing a shot, which meets the expectations of the mine operator, and complies with requirements of State and Federal mine law and regulations.

Selection of Hole Diameter

In order to determine the appropriate hole size, or diameter, several important factors must be considered. We must also keep in mind that the most appropriate hole size may change over the life of the mining operation. It is generally accepted that the larger the blast hole the less expensive the drilling cost, as long as the hole size remains appropriate for the operation. Some other factors to be considered are:

  • Required Production
  • Terrain
  • Material Characteristics/Geology
  • Type and Size of Excavating and Hauling Equipment
  • Proximity to Vibration-Sensitive Areas
  • Bench or Lift Height
  • Explosives Type and Size

The capital investment available for initial startup is also a consideration. Of the factors listed above, geology is probably primary, as it is the one thing that cannot be altered. In hard, DMM Surface Blaster’s Certification Study Guide

38 massive formations the distribution of explosives throughout the blast area is critical. Smaller holes, or a closer spacing, will result in finer fragmentation than larger holes on a wider spacing.

  • Required Production

Present, and future, production needs must be considered, as it will affect the type and number of drilling units required. However, production needs must be balanced against other considerations in order to come up with an appropriate hole size.

  • Terrain

In most cases, the larger the drill, the more limited it is in its ability to traverse rough terrain, and work in tight areas. For initial mine development a smaller drill might prove more versatile than a larger unit, which might be more suitable to an established mine with a series of developed drill benches.

  • Material Characteristics/Geology

Some of the characteristics of the rock, or ore, that lend them to drillability, and fragmentation, and that will also influence hole size are:

  • Hardness or compressive strength of the rock. Percussive drilling is less affected by rock hardness than is rotary drilling. Hardness also relates to fragmentation, which can affect hole sizes in relation to explosive distribution.
  • Rock Structure. The geology of the rock to be blasted also can affect selection of hole size. The existence of joints, fractures, folds, bedding planes and faults, as well as, the existence of cap rock will affect drilling operations. All the above factors influence fragmentation, back break, and stability of formations, which in turn affect economic efficiency of the drilling and blasting operation.
  • Type and Size of Excavating and Hauling Equipment

It is often thought that because large excavators and haulage equipment is used, blastholes will need to be large as possible and the drill patterns spread, in order to handle larger size blasted rock. To a degree this is correct, but it is important to keep in mind that the main purpose in using the larger excavation and haulage equipment is to promote higher levels of production more economically, not to cut costs on drilling and blasting. Thus, caution needs to be applied when making determinations of blasthole size based solely on the scale of excavation, haulage and crushing equipment used. However, if the equipment used is relatively small in scale, careful assessment of the hole size, as it relates to the fragmentation desired, must be made.

DMM Surface Blaster’s Certification Study Guide

39

  • Proximity to Vibration-Sensitive Areas

The majority of operators who utilize blasting and drilling techniques are very aware of restrictions placed on vibration, especially as it may relate to potential lawsuits. Larger holes contain more explosives per foot of hole, and unless decked, they will have higher charge weights per delay resulting in higher vibrations. In a new operation, some research and testing on hole size is advisable.

  • Bench or Lift Height

If benches have a fixed height, then blasthole size must be determined accordingly. Legislation dictates maximum bench height in certain areas, so some of the blasthole size selection process is eliminated. When bench height varies, there is much more latitude on hole size decisions; but in many cases bench or bank height is pre-set by production requirements and the equipment used.

Evaluation in determining bench or lift height should include:

  1. The depth of the hole may be limited by the blow energy of the drill.
  1. Steady State Velocity (The characteristic velocity at which a specific explosive at a given charge diameter will detonate).
  1. The deeper the hole, the higher the percentage of explosives can be placed in the hole.

It is necessary to stay down a certain depth with the top of the explosive column

in order to achieve desired results. To do this, the remaining depth of the hole

must be filled with proper stemming. Since at detonation in an explosive column, energy is directed to the path of least resistance, it is generally necessary to “subdrill” or drill below the intended floor level. The path of least resistance, when properly designed stemmed, and subdrilled, should be the burden distance. Larger diameter holes are generally farther apart, so subdrilling is somewhat greater in order to break between the holes and avoid causing high bottom. The length of the explosive column is the bench height plus the subdrilling minus the stemming.

The relationship between hole diameter and bench height cannot be over emphasized.

The use of a hole diameter that is too large for the respective bench height will result in poor explosive distribution. If stemming is decreased to allow the explosive column to reach farther up the blasthole, the possibility of flyrock and noise increases.

  • Explosives Type and Size

The explosive type, size and method of loading should be a consideration in selecting drill hole diameter. The larger the column of explosive the more it will maintain its Steady State Velocity. The larger blastholes will produce more tons/yards of material, which could show a cost saving per foot, drilled. The blasthole diameter is an important DMM Surface Blaster’s Certification Study Guide

40 part of the drilling and blasting operation, and will contribute to the cost and safety. In achieving the desired results the blasthole diameter may be changed several times during the life of the operation.

Burden and Spacing

Burden (The distance from the drill hole and the nearest free face or the distance between drill holes measured perpendicular to the spacing. Also the total amount of material to be blasted by a given hole, usually measured in cubic yards or tons). A rule of thumb for burden is two times the drill hole diameter in inches equals the distance to the free face in feet.

Spacing (The distance between drill holes. In bench blasting, the distance is measured parallel to the free face and perpendicular to the burden). A rule of thumb for spacing is one and a half times the burden.

  • Drilling Patterns

There are many types of drill patterns. The most frequently used are square, rectangular, and staggered. The square pattern has equal burden and spacing. The holes in each row are aligned directly behind the holes in the row in front of it.

In the rectangular pattern, the burden is less than the spacing. The holes in each row are again aligned directly behind the holes in the row in front of it.

The staggered pattern may have equal burden and spacing. However, it is used more often with the burden less than the spacing. The holes in alternate rows are in the middle of the spacing of the row in front of it. The staggered pattern usually requires extra holes to achieve a uniform bank on each end of the blast.

Where a cap rock condition exists, “helper” or “satellite” holes may be added to any drill pattern. These are short holes drilled only to sufficient depth to go to the base of the hard capping layer. They are drilled in offset rows, equidistant from the nearest standard-depth holes. The powder load for these holes is typically limited in order to avoid flyrock problems.

Stemming

Stemming (Inert material placed in a borehole on top of or between separate charges of explosive material. Used for the purpose of confining explosive materials or to separate charges of explosive material in the same borehole.) A rule of thumb for stemming is two times the diameter of the borehole in inches equals the distance in feet.

If flyrock is in countered coming from the top of the blast or excessive air blast levels are recorded, the stemming should be increased. The size and type of stemming can also have an effect on the amount of stemming. In general the stemming amount should equal the burden of the blasthole. In cases of high hazard the stemming may need to be increased.

DMM Surface Blaster’s Certification Study Guide

41 A rule of thumb for larger blastholes is to use stemming sized to 1/20th of the hole diameter. The desire is to create a locking effect between the stemming and the side of the blasthole.

Drill cuttings should not be used as stemming as it contains a large amount of fine material. In dry holes drill cuttings will not lock with the wall. In wet holes the cuttings may mix with water and create a high specific gravity mixture that may lift the explosive causing separation and decreasing stemming length in the blasthole. This may cause flyrock, excessive air blast, leave undetonated explosives in the muck pile, or create poor fragmentation.

Timing/Delays

Millisecond (MS) delay blasting was introduced in open pit quarry blasting many years ago. Even when blasting to a free face, the rock movement time can be an important factor.

This is particularly true in multiple row blasts. For a typical quarry with15-foot spacing, the initial movement at the free face may occur in 10 to 12 milliseconds, but the burden only moves about 0.5 foot in 10 milliseconds. With one or two rows of holes, the prime movement is directly out from the face. As the number of rows increases, the rock movement will tend toward the vertical. The low velocity of the broken rock successively reducing the relief toward the free face causes this. This can contribute to “tight” bottom as well as flyrock.

It is a common practice of many blasters to double the delay time on the last row. This provides additional time for the rock ahead of the last row to move forward so that the relief on the last row will be increased. This practice called “skipping a period”, will also reduce the upward ripping action and materially reduce the backbreak on the face.

When the blast consists of as many as eight or nine rows, the timing on MS delays should provide the additional time without skipping a period. The NO. 1 through NO. 8 periods (25 through 200 MS) will provide a nominal 25 milliseconds between each period. NO. 8 through NO. 15 (200 MS through 500 MS) provided a nominal 50 milliseconds between each period.

NO. 15 through NO. 19 (500 MS through 1,000 MS) provided a nominal 100 milliseconds between each period. This sequence is provided only as an example: the actual sequences and intervals of detonator timing vary with manufacturer.

Always base timing designs on the limitations of detonator accuracy since delays of a given period have a range of actual firing times. Check with your supplier to avoid overlap or crowding.

Even with additional time between rows, the tendency still exists for the rock to stack if the number of rows is excessive. The hole diameter, burden and spacing, and height of face all have a pronounced effect on the number of rows that can be fired successfully without excessive stacking or creating high bottom. When the rock is broken, it will occupy on the average 30 percent more volume (this is termed “swell factor”) than it did in the solid (swell factor will vary with the type of rock). In most cases the material has only two directions to move, to the front and vertically. Obviously, excessive movement in either direction will result in dangerous flyrock. If the number of rows is excessive, forward movement is limited, thus additional space for forward expansion cannot be provided.

DMM Surface Blaster’s Certification Study Guide

42 The number of rows of large-diameter holes on wide burden and spacing that can be successfully blasted will be less than the number of rows of small-diameter holes on close burden and spacing. The reason for this is that the movement of the front rows with large-diameter holes will not provide the necessary space required for expansion. For the same reasons more rows of shallow holes, 25 feet deep or less, can be successfully blasted than holes 60 feet deep.

MS delay detonators allow the blaster to design the blast to take advantage of the relief provided by the natural terrain, or to create points of relief by the pattern design. They also allow the blaster to control the direction of rock movement within the limits of the natural contour and geology of the formation.

Scaled Distance

Scaled Distance (Ds) means the actual distance (D) in feet divided by the square root of the maximum explosive weight (W) in pounds that is detonated per delay period for delay intervals of eight milliseconds or greater; or the total weight of explosive in pounds that is detonated within an interval less than eight milliseconds.

For example, if the nearest inhabited building not owned or leased by the mine operator is 2,200 feet away, and a scaled distance of 55 is used, the weight per delay is: 2,200 feet divided by 55 equals 40 squared equals 1,600 pounds of explosive per delay. This means an operator could blast one hole per delay containing 1,600 pounds of explosive, two holes per delay containing 800 pounds of explosive, or four holes per delay containing 400 pounds of explosives.

DMM Surface Blaster’s Certification Study Guide

43 4 VAC 25-40-880.B. If seismic monitoring of each blast is not conducted, blasting shall be in accordance with the following scaled distance formulas: 2

W D Ds Ds

D W =     = W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more.

D = Distance in feet from the blast site to the nearest inhabited building not owned or leased by the mine operator.

Ds = Scaled distance factor shown below:

Distance (D) to Peak Particle

Nearest inhabited Velocity, inches Ds (when not Building, feet Per second Using a seismograph)

0-300

  1. 25 50 301-5,000
  2. 00 55 5,001 and beyond
  3. 75 65

The scaled distance is derived as a combination of distance and charge weight influencing the generation of seismic or air blast energy.

The total energy of the ground motion wave generated in the rock around a blast varies directly with the weight of charge detonated. As the ground motion wave propagates outward from a blast, the volume of rock subject to the compression wave increases. Since the energy in the ground shock is distributed over successively greater volumes of rock, the peak ground motion levels must decrease.

Weather and Atmospheric Conditions

Prior to bringing explosives and detonators to the blast site, weather conditions shall be monitored to ensure safe loading and firing, 4 VAC 25-40-800.G.

Atmospheric conditions such as temperature inversions and surface winds can affect the air blast pressure considerably. The direction and speed of any wind can also affect the travel of an air blast wave. The air blast wave will be bent in the direction that the wind is blowing to a degree depending on the wind speed. Because of the fact that wind speed is usually lower at ground level than it is higher up, the rays may even be bent back to the earth’s surface by the wind.

If the proper temperature inversion and wind speed and direction conditions are present at a blast site, it is possible that their effects may combine to produce air blast wave travel.

The inversion-bent and wind-carried wave might produce a focal point of high overpressure downwind from the blast site. Air blast complaints are apt to be heard if the focal point is near DMM Surface Blaster’s Certification Study Guide

44 an occupied building or in a residential area. Downwind focusing of an air blast wave reportedly could increase the overpressure by a factor of as much as 100.

It has been found that windows are probably the weakest part of a structure that will be exposed to air blast, they are most apt to suffer damage. Poorly mounted panes that are prestressed will be cracked and broken most easily. Extremely high overpressure could cause the formation of exterior masonry cracks or interior plaster cracks.

Although it is possible that high air blast overpressure could cause structural damage; those produced by routine blasting operations under normal atmospheric conditions are not likely to do so. The principal effects are most often 1) a slight overpressure that rattles windows and 2) noise that startles people. The rattling windows and noise may leave them under the impression that their house was violently shaken by blasting. Complaints may result if the subjective response of the people is such that the disturbance is annoying or intolerable.

In situations where air blast from production shooting can be a problem, it is often customary to fire a small surface shot and measure the peak overpressure at the point of interest. If a normal reading is obtained, then the main production shot is fired. If it is excessively high, then the blast should be delayed. Local meteorological information can be obtained from local weather stations, airports, and smoke rising from smoke stacks.

Time of Day

Boreholes to be blasted shall be loaded as near to the blasting time as practical. Loaded shots shall be blasted as soon as possible upon completion of loading and connection to the initiation device. Surface blasting shall be conducted during daylight hours only, 4 VAC

25-40-800.H.

DMM Surface Blaster’s Certification Study Guide

45

SECTION 5

BLAST EFFECTS DMM Surface Blaster’s Certification Study Guide

46

SECTION 5 – BLAST EFFECTS

  • Introduction
  • Airblast
  • Ground Vibration
  • Blasting Restrictions-Airblast and Ground Vibration
  • Flyrock DMM Surface Blaster’s Certification Study Guide

47

BLAST EFFECTS

Introduction

The public relations problems involving blasting have increased in the past years. The increased difficulty that blasters face with public relations is the result of urban expansion and the commencement of surface operations near densely populated areas. When blast effects intrude upon the public's comfort, strained relations usually arise between operators and surrounding communities.

The two most common complaint problems are air blast and ground vibration.

Blasting produces ground vibration and airblast that can result in structural response at off-site buildings. This perceived motion could be very disturbing to homeowners; therefore, it is advantageous to establish good public relations with nearby neighbors. Most homeowners mistakenly believe that any motion of window glass or house structure originates from ground vibration striking the foundation of the house, when in fact the concussion element of airblast is often the culprit. DMM Safety & Health Regulations establish maximum limits for both ground vibration and airblast based on comprehensive studies conducted by the U.S. Bureau of Mines (USBM).

Explosive manufacturers, mine operators and government agencies have spent substantial amounts of time and effort in order to gain a better understanding of the relationships between blast variables and the blast effects of air blast and ground vibration.

Much knowledge has already been gained and numerous studies have yielded guidelines for the case of delay blasting and modern monitoring techniques. These studies and guidelines, if used, will help reduce the likelihood of damage to domestic structures and hopefully reduce the number of public complaints. The process by which blasting causes damage to structures is not a well-defined process. While the variables of the blast design can be controlled, there is some variation in the strength of an explosive and the actual delay time between the individual explosions that comprise a round. There is substantial random variation in the vibration propagation characteristics of the rock, the airblast propagation characteristics of the atmosphere (weather changes), and the strength and the ability of the nearby man-made structures to withstand the stresses of the blast without breaking. This means that until a substantial body of experience has been collected at a given site, there is a small likelihood that the next blast will produce more damage than the last one of like size. This must be kept in mind when assessing blasting safety.

Blasters can overcome the complaints about noise and vibration through careful blast design with effective use of delays, by careful monitoring of the blast effects and by meeting with neighbors to explain the care and safety precautions used to protect their property and safety. Communication and keeping the public constantly informed are a big factor that will help to reduce the number of complaints. Blasters must continue to analyze blast design, monitor effectively and maintain accurate records in an effort to reduce persistent complaints.

The records of blast design and blast effect are very important factors when government agencies investigate and discuss the problems of complaints.

DMM Surface Blaster’s Certification Study Guide 48Airblast

In order to help reduce and or avoid air blast complaints, a blaster must understand the relationship between an explosive blast, weather conditions and an air blast.

The air blast from an explosive detonation is a compression wave in the air. It is caused either by the direct action of explosive products from an unconfined explosive in the air or by the indirect action of a confining material subjected to explosive loading. Noise is the portion of the spectrum that lies in the audible range from 20 to 20,000 hertz. The concussion of a blast results from the spectrum below 20 hertz. Airblast is described in terms of the maximum pressure in lb./sq. in., or in terms of the sound pressure level measured in decibels (dB). Figure 5-1 permits conversion from one scale to another. 140 dB is the threshold of pain, 85 dB is normal street traffic, 40 dB is a background noise level in the home, and zero is the threshold of hearing. The highest decibel level allowed cannot exceed 129 decibels.

All of the energy liberated by the explosive is initially in the form of a highly compressed gas. Some of that gas escapes to the surface and travels through the air as airblast. The largest part of the compressed gas energy goes into breaking and moving rock.

The sudden movement of the rock at its face or at the ground surface also causes a disturbance, which propagates through the air. Parts of these disturbances are in the audible range of frequencies (>20 Hz) and are collectively called noise. Some of these disturbances are in the sub-audible range. Both parts together are called airblast. If sufficiently intense, they can cause buildings to vibrate and crack, windows to vibrate or break and discomfort or pain to individuals.

Atmospheric conditions affect the intensity of noise from a blast at a variable distance.

These conditions determine the speed of sound in air at various altitudes and directions. The speed of sound is determined primarily by two factors: (1) temperature and (2) wind speed.

Normally the air temperature decreases as the altitude from the earth's surface increases. A temperature inversion exists if the air becomes warmer as the altitude increases.

If the weather conditions (temperature and wind velocity) are such that a greater sound velocity in any direction occurs above the earth's surface, a sound speed inversion exists and therefore bends the sound rays back toward the earth's surface.

When a temperature inversion exists, the temperature and sound velocity increase with altitude. The sound rays will bend back toward the earth's surface but will decrease more slowly with distance than with a sound speed inversion.

Conversely, when the temperature decreases with altitude and sound speed, the sound rays are refracted away from the earth's surface. This condition is more stable and is the most frequent condition during the time of the most surface blasts. With this condition, the noise level decreases rapidly with distance.

In the early morning, a temperature inversion may be present following clear nights with low wind speeds that prevent mixing of the atmosphere. The lack of cloud cover allows the temperature of the ground and air above it to drop rapidly creating the inversion. Blasting DMM Surface Blaster’s Certification Study Guide

49 done in the early morning will result in loud noise levels. As mid-morning arrives, the sun's rays will cause the ground temperature to warm and rise and the increased ground temperature warms the air in contact with it. This process will continue throughout the day and the mid-morning. At this time, favorable conditions for blasting are present. Near and after sunset, the temperature of the earth's surface begins to cool and a low altitude inversion may exist.

The presence of cloud layers signifies the presence of a temperature inversion. The commonly accepted idea that noise is reflected from the bottom of clouds is mistaken. The clouds signify the presence of an inversion, which reflect the sound back toward the earth's surface.

Changes in sound velocity with altitude may also be caused by wind. Wind is highly directional. Normal wind increases with altitude and therefore causes an increase of sound speed with an increase of altitude. The wind direction results in an increase or decrease in noise levels in the down wind direction. The effect of wind on noise levels is generally the greatest in the winter months because of the higher wind speed that is present during this time of year. In the warmer months, wind speeds are normally lower and help prevent the formation of temperature inversions.

The following are favorable atmospheric conditions for blasting:

  1. Clear to partly cloudy skies, light winds and a steady increasing air temperature from daybreak to shot time.
  1. Blast time should be delayed to at least mid-morning to allow early morning temperature inversions, if present, to be eliminated.

The following are unfavorable atmospheric conditions for blasting:

  1. Foggy, hazy or smoky days with little or no wind or conditions associated with temperature inversion.
  1. During strong winds accompanying the passage of a cold front.
  1. During periods of the day when the surface temperature is falling.
  1. Early in the morning or after sunset on clear days.
  1. Cloudy days with a low cloud ceiling, especially when there is little or no wind.

Air blast is usually caused by one of three mechanisms. The first cause is energy released from unconfined explosives such as uncovered detonating cord trunklines or mudcapping used in secondary blasting. The second cause is the release of explosive energy from inadequately confined borehole charges resulting from inadequate stemming, inadequate burden or mud seams. The third cause is movement of the burden and the ground surface.

Blasts are designed to displace the burden. When the free face moves out, it forms an air compression wave that results in air blast. For this reason, locations in front of the free face receive higher air blast levels than those behind the free face.

DMM Surface Blaster’s Certification Study Guide

50 The following are typical airblast sources for most blasting projects.

  1. The air pressure pulse (APP), caused by the sudden outward displacement of the rock face, is a low frequency pulse.
  1. Conversion of ground surface vibration to air vibration at some distance from the explosion called the rock pressure pulse (RPP) or in seismological literature, air coupled ground roll.
  1. Venting of the explosion produces gas to the surface through broken rock, called the gas release pulse (GRP).
  1. Escape of explosion produced gases to the surface up the drill bole after the stemming is blown out, called the stemming release pulse (SRP).
  1. Explosion of detonating cord exposed on the ground surface, which produces a high frequency pulse, called the surface detonation pulse (SDP).

Structural effects of most common concern are window breakage and plaster cracking.

Research has largely been limited to single-family houses. Overpressures of only 0.03 PSI can vibrate loose window sashes, often to the annoyance of the public, but without permanent damage. Airblast pressures of 1.0 PSI will break most windowpanes and as pressures exceed

  1. 0 PSI, plaster in flexible walls will crack. Windows and plaster that have been stressed previously, that is by house settlement may be damaged at pressures down to 0.1 PSI.

The odds of a large window being broken were indicated to be 1/10,000 at 0.012 PSI.

Similar odds for small windows exist at 0.030 PSI. For common practice, 0.1 PSI (130 dB) can be taken as the safe limit for window glass (Figure 5-1). Airblasts are relatively strong sources of midwall vibrations, and poor sources of corner (whole-structure racking) vibration. The airblast levels producing the same amounts of corner vibration as 0.50 in./sec ground vibration are 0.020 to 0.024 lb./in. squared (137 to 138 dB). Airblasts with 0.007 to 0.009 lb./in. squared (128 to 130 dB) produce wall vibration equivalent to that from 0.50 in./sec, ground vibration.

From these equivalencies, airblast appears less likely to crack walls than ground vibration.

DMM Surface Blaster’s Certification Study Guide

51 Figure 5-1. Sound Level Conversions

1.000 MOST WINDOWS

BREAK

10.00

  1. 100
  1. 000

2 0.010 MILLIBARS IN

/

LB 0.100

  1. 001

LOWER) -4 0.010

10 OR OVERPRESSURE.

Hz PAIN

(1 OVERPRESSURE. OF

  • 5 0.001

10 TRAFFIC CRITERIA

-4 THRESHOLD 10

-6 STREET USBM 10

10 -5 10 -7 50 70 90 110 130 150 170

SOUND LEVEL. dB

When a large number of explosive charges are detonated with small time delays between them, the air blast pulses from the individual charges may superimpose in a given direction and produce a strong air blast.

An air blast whether audible or inaudible can cause a structure to vibrate in much the same way as ground vibrations. Air blast is measured with a blasting seismograph. Both amplitude and frequency are measured. The amplitude is measured in decibels or pounds per square inch and frequency is measured in hertz. Air blast from a typical surface blast has less potential than ground vibration to cause damage to structures. However, air blast is a frequent cause of complaints. When a person senses vibration from a blast or experiences house rattles,

DMM Surface Blaster’s Certification Study Guide 52it is usually impossible to tell whether ground vibrations or air blast is being sensed. A thorough discussion of air blast is a vital part of any surface mine-public relations program.

Because air blast is a major cause of blasting complaints, some operators choose to seismograph all surface blasts. Air blast, though, does result in a potential for structural damage.

Air blast recordings provide good evidence in case of complaints or law suits. Air blast readings taken in conjunction with ground vibration readings is especially helpful in determining which of the two is the primary cause of complaints. Sound travels faster in warmer air due to the air molecules being less dense than in colder air. Also, the speed and direction of the wind can cause a "focusing" affect of the concussion and sound waves.

Properly executed blasts, where surface explosives are adequately covered and borehole charges are adequately stemmed, are not likely to produce harmful levels of airblast. Careful attention to and adjustment for the following details will usually improve results by reducing -airblast or complaints additionally:

The following are methods of controlling air blast:

  1. Avoid the use of unconfined explosives: (a) Bury detonating cord one foot or more; (b) Use low-load detonating cord if possible; (c) Never adobe or mudcap in populated areas unless necessary.
  1. Use adequate stemming: (a) Use crushed stone for stemming in wet holes for better confinement and to avoid densifying water with drill fines so that low-density charges may float; (b) Use additional stemming on the front row if excessive backbreak from the previous shot is present.
  1. Use drill patterns having nearly equal burden to spacing ratios.
  1. Use a longer delay interval between rows than between holes in a row.
  1. Be sure the blast proceeds in the proper sequence.
  1. Consider geologic abnormalities: (a) Use nonexplosive decks through mud-dirt seams, weak seams, etc.; (b) Have drillers report cavities that could be overloaded with explosives; (c) Avoid or backfill cavities and day-lighted seams; (d) Maintain accurate drilling records; (e) Check the drillers’ log to get an accurate analysis of all boreholes.
  1. Schedule shots at times when neighbors are busy; not at home or when they expect blasting to occur.

DMM Surface Blaster’s Certification Study Guide

53

  1. Avoid excessive delays between holes.
  1. Consider beam formation when designing blasts: (a) Minimize the number of opening holes having the same delay period; (b) Avoid the use of long charges in boreholes whose length is large when compared with the burden of the hole.

10. Evaluate topography for burden and focusing effects. Orient face to avoid facing built-up area.

11. Analyze weather for temperature inversions, wind and low cloud cover.

12. Test-shoot and develop site-specific criteria.

Good pre-blast planning again is important. Follow the drill pattern closely, provide adequate stemming in boreholes - at least equal to the burden, blast during favorable weather conditions, and cover any trunk lines or any other explosive devices to minimize the airblast affects.

Ground Vibration

The public relations problem of ground vibration that is associated with the use of explosives is just as prevalent as the air blast problem. Once again, manufacturers, explosive consumers and government agencies have spent a vast amount of time and effort to gain a better understanding of ground vibration.

The detonation of an explosive contained in a drill hole or series of drill holes generates a large volume of high-temperature (2,000-5,000o C), high-pressure (0.2 x 10 6 to 2.0 x 10 6 PSI) gas. The sudden application of this pressure to the cylindrical surface of a drill hole generates a compressive radial stress and strain in the rock. This wave crushes the rock that immediately surrounds the borehole. The boundary that surrounds the crushed rock area represents the area of the blast-fractured zone. The waves attenuate (decrease) in amplitude with increasing radius, R, from the explosive and at some distance no longer produce breakage but only vibration of the ground. Figure 5-2 shows a plan and cross section view of an idealized single hole blasting operation and is used to define some terms of interest. At any point the displacement of the ground can be resolved into three perpendicular components UR (radial), UV (vertical), and UT (tangential). For reasons to be explained below, it is customary to express damage criteria, and to predict and to measure ground vibration, in term of the three orthogonal components of velocity-- UR , UV, and UT. When the intensity of the stress wave is reduced so that there is no permanent deformation of the rock, the wave propagates through the rock in an elastic manner in such a manner that the rock particles will return to their original position following passage of the stress wave. The stress waves travel through the earth causing rock particles to vibrate. All blasts create ground vibration. This situation is similar to the circular ripples produced on the surface of calm water when struck by a rock. Ground vibrations are measured with a seismograph machine. Vibrations are measured in terms of amplitude (size of the vibrations), measured in inches per second of peak particle velocity (PPV), and frequency (number of times that the ground moves back and forth in a given time period), measured in velocity in hertz or cycles per second. Excessively high ground vibration levels can damage domestic structures.

DMM Surface Blaster’s Certification Study Guide

54 Moderate to low levels of ground vibration can be irritating to neighbors and can cause complaints and or legal claims of damage and nuisance

Studies have shown that high frequency wave energy is absorbed more readily than low-frequency wave energy so that the energy content of stress waves at large distances is concentrated at low frequencies. The velocity is referred to as particle velocity in order to distinguish this quantity from propagation velocity. The peak particle velocity of ground vibration depends on the maximum charge-weight-per-delay of eight milliseconds or more and not on the total charge weight of the blast. The most significant ground motion parameter is the maximum radial particle velocity uR, which is usually the maximum of the three components at the radii of interest.

Various kinds of stress waves travel at different speeds and interact in a complicated manner with themselves and the material in which they travel. A blast that finishes detonating in a few hundred milliseconds or less can produce ground motion for several seconds at locations several hundred yards away. A process known as dispersion whereby the different frequencies travel at different velocities enhances the lengthening of ground motion with distance.

The amplitudes of ground vibration at a given distance from an explosion increases with the following:

  1. The energy in the explosion. Energy is the capacity to do work (the fracturing and movement of rock and the creation of air and ground-transmitted shock and vibration) and is directly proportional to the weight of explosive. Energy (W) is a weaker function of the type of explosive used. For practical purposes, all commercial explosives in use today can be taken as having the same energy/unit weight. The number of explosives (delays) fired in round times the energy per delay determines the total energy in the round. It is common practice to express energy in units of pounds of explosive, although in a strict sense energy should have units of force times distance.
  1. The confinement of the explosive by the burden (see Figure 5-2) and stemming. It is usual practice to stem all holes to minimize airblast effects. Pre-split shots have a semi-infinite burden. The confinement of the explosive determines the partitioning of the energy among rock breakage, ground vibration and airblast. The greater the confinement, the more energy directed into rock breakage and vibration and the less to airblast. Hole spacing and sequence of firing also impact confinement.
  1. The type of rock has a weak influence on maximum particle velocity. The denser the rock, the higher the peak particle velocity close to the explosion. At large distances, the reverse is sometimes the case. However, the effect of the type of rock is so weak that it is usually ignored in preliminary estimates of ground motion and it is automatically accounted for in project specific, ground motion curves developed by physical observations.

DMM Surface Blaster’s Certification Study Guide

55 Figure 5-2. Plan and Cross Section Blasters can overcome the vibration complaints through careful blast design, the effective use of delays, and by careful monitoring of the blast effects. The best protection against complaints and damage claims is good public relations. The blaster should inform local residents of the need and importance of blasting. A blaster should also stress the relative harmlessness of properly controlled blasting vibrations. In situations where complaints persist, continued attention to blast design, effective monitoring and good record keeping will be of invaluable importance. Prompt and sincere response to complaints is vital.

Blasting induced ground motion has some important characteristics. In close-proximity to a blast, the predominant frequencies exceed 100 Hz and the vibration drops off sharply with distance. In general, frequency will decrease as the distance from the explosion increases and the maximum particle velocity will decrease.

DMM Surface Blaster’s Certification Study Guide

56 Excessive ground vibrations are caused by either putting too much explosive energy into the ground or by not properly designing the shot. Part of the energy that is not used in fragmenting and displacing overburden will go into ground vibrations. The vibration level at a specific location is primarily determined by the maximum weight of explosives per delay period and the distance of that location from the blast. The delays in a blast break it up into a series of smaller, very closely spaced individual blasts. The longer the intervals between delays the better the separation will be between the individual blasts. Eight milliseconds is the minimum delay that can be used between charges if they are to be considered as separate charges for vibration purposes. In addition to charge weight per day, distance and delay interval, two other factors affect the level of ground vibration. The first factor is overconfinement. A charge with a properly designed burden will produce less vibration. The second factor is an excessive amount of subdrilling. Excessive subdrilling will cause an extremely heavy confinement of explosive energy. In multiple row blasts, there is a tendency for the later rows to become overconfined. To avoid this, it is often advisable to use longer delay periods between the later rows to give better relief.

Two vibration limits are important; the level above which damage is likely to occur and the level above which neighbors are likely to complain. There is no precise level at which damage begins to occur (Table 5-1). How much actual ground movement takes place determines whether structural damage will occur to buildings off the mine site. The lower the frequency produced, the more likely that structural damage can occur (Figure 5-3). Frequency waves below 20 Hz are inaudible but are capable of producing structural vibration and damage.

The damage level depends on the type, condition, age of the structure, the type of ground on which the structure is built and the frequency of the vibration. People tend to complain about vibrations far below the damage level. The threshold of a complaint depends on complainant health, fear of damage, attitude toward the mining operation, diplomacy of the mine operator, and how often and when blasts are fired and the duration of the vibrations. The vibration tolerance level is very dependent on local attitude toward mining. Careful blast design and good public relations are essential elements for an operator to live in harmony with neighbors in order to minimize complaints and avoid legal claims.

DMM Surface Blaster’s Certification Study Guide

57 Figure 5-3.

10.0

  1. 00
  1. 00
  1. 00

EM 1110-2-3800

  1. 00

13 DEC 77, FED. REGISTER

  1. 00

INTOLERABLE

IPS 0.60

  1. 40

VELOCITY, UNPLEASANT 8 MARCH 83, FED.

0.20 REGISTER

PARTICLE

  1. 10
  1. 08
  1. 06

0.04 PERCEPTIBLE

  1. 02
  1. 01 1 2 8 10 20 40 60 100

FREQUENCY, CPS

VARIOUS RESIDENTIAL STRUCTURE TOLERANCE LIMITS

HUMAN RESPONSE

DMM Surface Blaster’s Certification Study Guide 58The intensity of stress waves that can be tolerated by various kinds of structures must be established before acceptable charge weights at various distances can be determined. The level of motion required to damage a structure depends upon its construction. For example, a steel-framed building can tolerate a more intense stress wave than a residential structure with plaster walls. Because plaster is the weakest of the most commonly used materials for construction and because of the prevalence of such structures, damage criteria is based on this type structure.

Blasters may consult structural engineers who are able to specify permitted vibration levels for certain types or kinds of structures.

Good pre-blast planning is essential to ensure frequency waves resulting from the blast remain above the structural damage levels. This can be achieved by varying the duration of the blast, varying the pounds per delay of explosives, maintaining proper burden and spacing, or any combination.

The following is a list of steps that a blaster can take to help reduce ground vibration:

  1. Use a blast design that produces the maximum relief that is practical. Explosions in boreholes, which have good relief and those having nearby free faces, produce less ground vibration. The use of delay blasting techniques establishes internal free faces, which reduces ground vibration. The proper design of delay patterns can help achieve maximum relief. In general when blasting multiple row patterns, greater relief can be obtained by using a greater delay time between rows than between holes in a single row. A delay time between holes in a row of at least one millisecond per foot of burden is usually recommended for the necessary relief and maximum fragmentation.
  1. Use the proper powder factor. An excessive powder factor will usually increase both ground vibration and air blast and may cause excessive burden displacement or fly rock. On the other hand, an insufficient powder factor will usually increase ground vibration by delaying or reducing the effect of stress waves reflected off the free faces.

The optimum powder factor must be determined by experimentation at any given blasting site and used.

  1. It is necessary to reduce the charge/delay to some value that will produce a maximum particle velocity less than those in the damage criteria. To achieve the desired fragmentation, it is necessary to keep the powder factors above some minimum level.

Powder factor is defined as weight of explosives in pounds per cubic yard of rocks to be excavated. Depending on the type of rock, the burden, and the maximum fragment size desired, the proper power factor will usually range from 0.5 to 1.0 lb./cu yd. To accomplish both purposes it is sometimes necessary to increase the number of shot holes drilled. If no delays are being used, the obvious first step is to introduce the use of delays. This can be done up to the point where the explosive in each borehole is fired separately by using a combination of millisecond delays and a multiple circuit blasting machine, If this is not sufficient, decking of the charge within the borehole should be considered. This technique involves several charges separated by 5 ft or more of stemming the same hole, with one fired after the other through the use of delays. If it was originally necessary to fully load the hole to get the desired powder factor, decking will require either a larger diameter shot hole or more shot holes at a closer spacing. Since the loading, wiring and initiation of decked shots are more DMM Surface Blaster’s Certification Study Guide

59 complex; this procedure requires greater experience. Alternatively, it may be desirable to avoid decking and simply reduce the spacing between shot holes. This option is not as complex but usually requires more boreholes.

  1. Use a spacing-to-burden ratio equal to or greater than one, if possible. The presence of weak seams or irregular backbreak may dictate the use of a spacing-to-burden ratio less than one.
  1. Control drilling of blast holes as closely as possible.
  1. Keep the amount of subdrilling to the minimum required to maintain good floor conditions. A typical amount of subdrilling is .3 times the burden at floor level.

Excessive subdrilling will usually increase ground vibration because of high confinement and a lack of a nearby free face.

  1. Use various techniques to reduce charge-weight-per-delay which should in turn reduce the peak particle velocity: (a) Reduce hole depths and reduce bench heights; (b) Use smaller diameter holes; (c) Subdivide explosive charges in hole by using inert decks and fire each explosives deck with an initiator of a different delay period; (d) Use electronic timers to increase the available number of delay periods of electric blasting caps and to increase timing flexibility. Sequential timers are used for this purpose and are real effective in helping to shorten the duration of ground motion.
  1. Use delay electric blasting caps or surface connectors to reduce the number of holes on a delay. If the time for a wave (compression) to travel from the shot hole through the burden to the face and be reflected back to the borehole as a different wave (tension) is less than the delay time between charges, the second charge is more confined and a greater amount of its energy results in vibration. If for multiple row blasts, the rock in front of the first row of borehole has not moved sufficiently forward before the detonation of the second row the confinement effect is also strengthened. In general, the longer the delay intervals within the millisecond range the better. This interval must be short enough that the round is not perceived by an observer to be a series of separated explosive events.

DMM Surface Blaster’s Certification Study Guide

60 Table 5-1. Categories of Building Damage Damage to buildings can be grouped in three categories Threshold: Formation of new minor cracks in plaster or at joints in wallboard, opening of old cracks and dislodging loose objects.

Minor: Superficial, not affecting the strength of the structure; for example, loosened or fallen plaster, broken windows, significant cracks in plaster, hairline cracks in masonry.

Major: A significant weakening of the structure, large cracks, shifts of the foundation, permanent movement of bearing walls, settlements which cause distortion of the structure or walls out of plumb.

The threshold of cracking reported ranges from 0.8 to 11.8 in./sec. The data show that the higher the frequency of the maximum particle velocity, the higher the threshold. The data also show a trend in which surface mine blasting produces lower thresholds than quarry blasts which are in turn lower than construction blasting. This trend is consistent with the frequency effect as shown by- the relation of the predominant frequencies in the three types of events in Figure 5-3.

When the maximum particle velocity component in any direction exceeds 2.0 in./sec, the threshold of cosmetic damage begins. Minor damage begins at about 5.4 in./sec and major damage at about 7.6 in./sec. There have been more than 100 observations of residential structures at particle velocities in the 2-6 in./sec range where no blasting damage was recorded.

The damage threshold particle velocity is a random variable and in the majority of cases, the threshold of damage will lie below 2 in./sec. The cases below the 2-in./sec level where some damage occurred are infrequent.

Threshold damage is always cosmetic in nature as it does not affect the usefulness of the structure but can result in an economic loss. Most minor damage such as cracking of masonry is also cosmetic in nature, but can cause loss of use of the structure until repaired. Most minor damage can be quickly repaired. In general, cracking is more likely to occur in older structures that have already suffered prestraining and fatigue, and in plaster, rather than in newer wallboard construction. Predominant frequencies observed in measurements of construction blasting range from 10 to 40 Hz while those from quarrying operations are in the 5-30 Hz range.

Frequency decreases with range. Particular stratigraphic arrangements can enhance particular ground motion frequencies. Likewise, particular structural arrangements of buildings or components when excited by ground vibrations have a natural preference to vibrate at a particular frequency called a natural frequency. Typical natural frequency are as follows: DMM Surface Blaster’s Certification Study Guide

61 Table 5-2. Typical Natural Frequencies

Structure or Element Natural Frequency, Hz

Multistory Building F = 0.1N (N = number of stories) Radio Tower 100 ft tall

  1. 8 Petroleum distillation tower 65 ft tall
  2. 2 Coal silo, 200 ft tall
  3. 6 Building walls 12 - 20 Wood frame residences (1 and 2 story)
  4. 0 Standard deviation = 2.2

Most vibrations from construction blasting and nearly half of the vibrations from quarry operations are at frequencies above the range given above. A residential structure will respond less (that is. strain less) when shaken by a 1 in./sec maximum velocity ground motion at a principal frequency of 80 Hz than it will to a 10 Hz ground motion with the same maximum velocity. The structure tends to resonate (that is, vibrate at ever increasing amplitudes) when shaken by a ground motion with a large number of cycles at or near its natural frequency. While this tendency to increase without limit is controlled by damping and the transient nature (nonsteady state) of the blasting induced ground-motion; increases of a factor of 4 in response due to this phenomena are not uncommon. In the absence of velocity versus time data from a test blasting program at the site, from which frequency of ground motion can be determined, it is recommended that construction and quarry blasting peak particle velocities at the nearest residential structure be limited to 2.0 in./sec or less. Experience indicates the probability of damage to residential structures is at or below this level will be very small.

Observations by the Bureau of Mines have shown recorded particle velocities of 0.75 in./sec for modern residences, and 0.5 in./sec for older structures have little or no effects. The Bureau of Mines indicates that one of the motivations for these levels were human irritation with, and tolerance of, repeated blasting operations. The Bureau of Mines established a 1.0 in./sec criteria for commercial surface mining blasting in the proximity of human habitation and DMM adopted this as well (4 VAC 25-40-880). Also, DMM has adopted criteria to permit alternate use of the allowable maximum velocity-frequency chart (4 VAC 25-40-880). The design engineer or equivalent should consider the age of the structures, the condition of the structure, the type of blasting (construction or quarry), and pick a threshold value consistent with the expected frequency content of the motion and the appropriate level of risk of damage.

Comparison of human response to steady state vibration as a function of frequency and various blasting vibration criteria for residential structures.

Figure 5-4 shows the effect of steady state vibration on individuals determined from a systematic research program. Blasting vibration is transient and less disturbing.

The effects of transient motion with and without accompanying noise and observer bias is presented in the table below.

DMM Surface Blaster’s Certification Study Guide

62 Table 5-3.

Maximum Particle Transient Motion, Blasting Accompanied by Velocity No Sound Effects, Sound Effects, In./sec.

Impartial Observer Biased Observer

0-0.02 “Not noticed” “Not noticed”

  1. 02-0.06 “Not noticed” “Noticed, complaints possible”
  2. 06-0.20 “Noticed” “Noticed, complaints possible”
  3. 20-0.40 “Noticed” “Severe, complaints likely”
  4. 40-1.20 “Disturbing” “Severe, complaints likely”
  5. 20-2.00 “Severe” “Severe, complaints likely”

The above table and Figure 5-3 indicate that humans are less tolerant of low frequency blasting vibrations than are buildings, and that accompanying noise and bias against the project at which the blasting is being done makes them more unwilling to accept transient vibration.

The previous table indicates that repeated blasting operations with maximum particle velocities of over 1/2 in./sec at occupied structures will produce complaints and that operation at the 1/4 in./sec level may in some cases result in complaints. Good blasting practice includes consideration for these human responses at offsite locations.

Mine operators often receive blasting complaints from neighbors even though they are well within ground vibration and airblast limits being enforced by DMM. This can often be attributed to the fact that most homeowners are not knowledgeable about blasting; therefore, their concerns may be alleviated by meeting with them to discuss how blasts are designed to minimize effects, and how structure response from blasting compares with other sources such as closing doors, loud traffic, etc. In addition, mine operators can request technical assistance from DMM in addressing blasting concerns by neighbors.

Bureau of Mines indicates that one of the motivations for these levels were human irritation with, and tolerance of, repeated blasting operations. The Bureau of Mines established a 1.0 in./sec criteria for commercial surface mining blasting in the proximity of human habitation and DMM adopted this as well (4 VAC 25-40-880). Also, DMM has adopted criteria to permit alternate use of the allowable maximum velocity-frequency chart (4 VAC 25-40-880).

The design engineer or equivalent should consider the age of the structures, the condition of the structure, the type of blasting (construction or quarry), and pick a threshold value consistent with the expected frequency content of the motion and the appropriate level of risk of damage.

Many mine operators prefer to seismograph every blast. Seismograph recordings are very useful in understanding and troubleshooting ground vibration problems. Seismograph records provide excellent evidence in case of later complaints or damage lawsuits.

A seismograph is a special instrument that is used to measure particle motion that is associated with stress waves. The velocity type seismograph is the most widely used type for measuring ground motion generated by blasting operations. The velocity type seismograph records particle velocity of the stress wave at a particular location. Particle velocity is the rate of change in the stress wave amplitude as a function of time. A seismograph will record the particle motion of stress waves in three mutually perpendicular directions. The three directions are longitudinal or horizontal, transverse, and vertical. Most seismographs are normally DMM Surface Blaster’s Certification Study Guide

63 constructed to measure particle velocities ranging from .1 to 10 inches per second over a frequency range of 2 to 200 hertz or cycles per second.

Where vibrations are not a serious problem, a blaster may choose to use the scaled distance equation rather than measuring all blast vibrations with a seismograph. The scaled distance approach works well when the mine is an adequate distance from structures, vibrations are not a problem and the operator wants to save the expense of measuring vibrations. At close distances, though, the scaled distance approach becomes quite restricting in terms of allowable charge weight per delay and therefore monitoring is often a more economical option.

The use of the scaled distance formula used to compute charge-weight per-delay permits the prediction of blast effects over a large range of charge weights and distances.

Blasting Restrictions - Airblast and Ground Vibration

DMM Safety & Health Regulations establish limits for airblast and ground vibration measured at inhabited buildings not owned or leased by the mine operator. The limit for airblast is 129 decibels, unless a higher limit based on the type of microphone being used is approved by

DMM. [4 VAC 25-40-890]

Ground vibration limits are based upon the method of compliance chosen by the mine operator. There are three methods to choose from:

  1. Mine operator measures airblast and ground vibration by use of seismograph for each blast to assure airblast does not exceed 129 decibels and that ground vibration (peak particle velocity) does not exceed 1.25 inches per second (ips) within 300’ of the blast site; or 1.00 inches per second (ips) at a distance of 301' - 5,000' from blast site; or 0.75 inches per second at more than 5,000' from the blast site.
  1. Mine operators, who do not have a seismograph, uses the maximum charge weight per delay period method to calculate the maximum pounds of explosives that can be detonated on the same delay cap period. This method requires the certified blaster to take into careful consideration the distance to the nearest neighbor, and the scaled distance factor contained in DMM regulations.
  1. The mine operator can use an alternate-blasting plan in accordance with the 4 VAC 25-40-880(c). Using this method can result in limits that may be higher or lower than the usual 1.00 ips.

DMM Surface Blaster’s Certification Study Guide

64 Figure 5-4. Alternative Blasting Level Criteria If necessary to prevent damage the DMM Director may specify lower allowable ground vibration and airblast limits (4 VAC 25-40-895). It is important that the mine operator inform the certified blaster responsible for designing the blast the method of compliance being used, or any other restrictions imposed by DMM or local authorities

Flyrock

DMM Safety & Health Regulations state that the design and loading of a blast shall provide sufficient burden, spacing, and stemming to prevent flyrock or other dangerous effects (4 VAC 25-40-800 D.) Flyrock occurs when blasting operations result in flying rock fragments or missiles, which have the capacity to damage a structure or injure a person.

Flyrock is more of a problem in highly fractured rock than in massive rock.

DMM Surface Blaster’s Certification Study Guide

65 Flyrock means any uncontrolled material generated by the effects of a blast that was hazardous to persons or to property not owned or controlled by the operator. It represents a serious hazard to both mine employees and other persons who may be located at, or near the mine. For the blaster in charge, the mention of flyrock conjures images of confrontations with neighbors and regulatory agencies. Previous flyrock incidents in Virginia have resulted in personal injury, property damage, or death. Investigation of these incidents have often revealed one or more of the following contributing factors:

  1. Angled boreholes with varying amounts of burden along the length of the borehole;
  2. Shallow boreholes (snake-holes) in toe of free-face with insufficient stemming;
  3. Inadequate burden for the diameter of borehole drilled;
  4. Insufficient stemming for borehole depth and burden;
  5. Overloaded boreholes where loading density exceeded rock density of burden;
  6. Inadequate controls during secondary blasting of boulders.

It is the certified blaster’s responsibility to design the blast with sufficient burden and stemming to prevent flyrock or other dangerous effects. Blasters must give careful consideration to:

  1. Evaluation of geologic conditions of material to be blasted;
  2. Design of drill pattern;
  3. Design of detonation sequence;
  4. Calculation of powder factors for variable burden on front row of boreholes;
  5. Compliance with ground vibration and airblast limits imposed by DMM or local government;
  6. Sensitivity of neighbors to effects (noise/vibration) of blasting;
  7. Use of good judgment by the blaster when using the arts/sciences of blasting.
  8. Blasting has been, and continues to be, both an art and a science that relies heavily upon good judgement by the certified blaster in charge.

DMM Surface Blaster’s Certification Study Guide

66

SECTION 6

STATE LAW AND REGULATIONS APPLICABLE TO SURFACE BLASTING CERTIFICATION DMM Surface Blaster’s Certification Study Guide

67

SECTION 6 – STATE LAW AND REGULATIONS APPLICABLE TO

SURFACE BLASTING CERTIFICATION

  • Virginia Mineral Mine Safety Law
  • Division of Mineral Mining’s Safety and Health Regulations

[This section is designed to assist the prospective surface blaster in study and preparation for certification. Much of the knowledge necessary for the blaster certification examination as well as practical applications in blasting operations are detailed in two documents (1) The Mineral Mine Safety Laws of Virginia and (2) Safety and Health Regulations for Mineral Mining. You will need to study/use these two documents directly in familiarizing yourself with their content.

A summary of the main areas you should focus on follows in an effort to condense and clarify the points of information that are most important.] DMM Surface Blaster’s Certification Study Guide

68

STATE LAW AND REGULATIONS APPLICABLE TO SURFACE

BLASTING CERTIFICATION

Applicable Areas of the Mineral Mine Safety Act

Certified Surface Blasters need to possess a general knowledge of the Virginia Mineral Mine Safety Act in order to understand and comply with the laws as they apply to mineral mining operations and to safety and health considerations. Specifically, Certified Surface Blasters should be knowledgeable of the mineral mining laws as they apply to their certification, duties, and responsibilities.

It is advisable for any individual who plans to obtain certification as a Surface Blaster-Mineral Mining to study and acquaint themselves fully with the following Articles under Chapter 14.4:1 of Virginia’s Mineral Mine Safety Act. (You should refer directly to the Mineral Mine Safety Laws of Virginia – specific Articles and Sections – for study.)

Main Points – Mineral Mine Safety Laws (1999) (Pages cited refer to Law Book)

Article 1: General Provisions ...............................................pgs. 9-15

  • Definitions (pgs. 9-13)*
  • Persons not permitted to work in mines (pgs. 13-14)
  • Prohibited Acts by Miners or other persons; miners to comply with Law (pg. 14)
  • Safety Materials and Supplies (pg. 14)
  • Notifying Miners of Violations; Compliance with Act (pgs. 14-15)

Definitions* - Know the terms and their meaning as used in the Laws (these same terms also apply as used in The Safety and Health Regulations for Mineral Mining) *surface blasters will not be held responsible for knowing Underground Mining terminology

Surface Blasting Certification applicants should be familiar with certain areas of Article 1 -- General Provisions, including the standards concerning safety and health of miners, persons not permitted to work in mines, prohibited acts by miners and miners compliance with laws, safety materials and supplies requirements, and notification of miners of violations and compliance with the Act.

Article 3: Certification of Mineral Mine Workers.............pgs. 16-21

  • General Knowledge and Understanding of entire Article is Advisable
  • Special attention to Revocation of certificates (pg. 20)

Surface Blasting Certification applicants need to have general knowledge of Article 3.

This Article deals with the Board of Mineral Mine Examiners; coveringstructure, functions, and powers of the Board. This Article also covers certifications required of certain persons DMM Surface Blaster’s Certification Study Guide

69 employed in mineral mines, certification examinations (and exam fees), penalties under the law for performance of certain tasks by uncertified persons, certification reciprocity, and renewal requirements and reexamination procedures. Specific Sections of this Article address requirements for General Mineral Miner Certification and Foreman Certification.

Article 4: Licensing of Mineral Mines.................................pgs. 21-27

  • Independent Contractor Information Required to be filed on license application (Item 3 under section 45.1 –161.292.32 ( pg. 23)
  • Making false statements; penalty ( pgs. 26-27)

Attention should be given to this Article, mainly for an understanding of Section 45.1.161.292:39 which addresses “Making false statements; penalty.” This section could apply in any situation where duties, information, or records are applicable in a certified blaster’s capacity.

Article 6: Mine Explosions; Mine Fires; Accidents ...........pgs. 29-31

  • General Knowledge and Understanding of Entire Article is Advisable
  • Special Attention to Operator’s reports of Accidents; investigations and reports of other accidents and injuries (pgs. 30-31)

Surface Blasting Certification applicants need to know the State requirements for mineral mines applicable to reporting mine explosions, mine fires, and accidents.

Responsibilities of mine operators involving investigations, reports, and records are defined in Article 6. Duties of mine inspectors and procedures that apply to the Division of Mineral Mining related to these topics are also outlined in this Article.

Article 7: Mine Inspections ..................................................pgs. 31-34

  • General Knowledge and Understanding of Entire Article is Advisable

This Article contains numerous requirements of which a Certified Surface Blaster applicant should generally be aware of. Mine inspection frequencies, risk evaluations at mineral mines, duties of operators and inspectors related to mine inspections and denial of entry (of mine inspectors) standards are major areas of importance in Article 7.

Article 8: Enforcement and Penalties; reports of viols......pgs. 34-38

  • General knowledge and Understanding of Entire Article is Advisable
  • Pay close attention to requirements under Notices of Violations (45.1-161.292:63 B) – pg. 35 and Reports of Violations (45.1-161.292:70) – pg. 38

Article 8 details laws relating to DMM’s issuance of Notices of Violations and Closure Orders and how the process works, including such items as tolling time for abatement of violations, injunctive relief, penalty for willful violation of the provisions, prosecution of DMM Surface Blaster’s Certification Study Guide

70 violations, and reports of violations. All of the preceding items represent areas of the law that a Certified Blaster applicant will want to review and understand in the process of becoming certified.

Article 9: Miner Training.....................................................pgs. 38-39

  • Mineral mining safety training program (pg. 39)

As a Certified Surface Blaster applicant, there are requirements in the area of Miner Training that you should be aware of. In addition to the General Mineral Miner certification previously covered in Article 3, Article 9 outlines requirements for safety training programs (plans) for new miner, newly-employed experienced miners, training of miners for new tasks, annual refresher training, and hazard training. Knowing the training required and to whom it applies is information all certified persons should be familiar with.

Applicable Areas of the Safety and Health Regulations for Mineral Mining

Main Points – Virginia Division of Mineral Mining’s Safety and Health Regulations

Title 4 (Conservation and Natural Resources) of Virginia’s Administrative Code contains the Department of Mines, Minerals and Energy’s Division of Mineral Mining’s Safety and Health Regulations. Chapter 40 contains 16 Parts, 14 of which apply to both surface and underground mineral mining operations. Part 15 is applicable to underground mines only and Part 16 addresses Mining near Gas and Oil Wells. Also incorporated into the Mineral Mining Safety and Health Regulation Booklet is Chapter 35 of the Virginia Administrative Code – this contains rules of the Board of Mineral Mining Examiner’s addressing the Certification Requirements for Mineral Miners.

Because your main objective is to prepare to become certified as a Surface Blaster, the most important Parts of these Regulations (for this purpose) are Part VI – Explosives, and Part VII – Drilling. Because these relate directly to the subject of blasting, you will want to know every detail for exam purposes and more importantly, so you can maintain compliance with the regulations at the mine once you become certified.

A large percentage of the other Safety and Health Regulations are also important knowledge for the certified surface blaster. On the practical side, every single requirement exists because of operational or safety related problems, accidents, or injuries that have occurred when rules such as these were not followed.

In summary, many of the regulations are specific to drilling and blasting and apply directly to the work and practices that a certified surface blaster performs (or oversees). Many other regulations may apply indirectly, and simply address sound operational, health and safety, and accident prevention practices that are pertinent to everyone who works in the mineral mining industry.

DMM Surface Blaster’s Certification Study Guide

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  • Chap. 35 – Cert. Requirements for Mineral Miners....pgs. 5-11

Chapter 35 is contained in the 2000 edition of the Safety and Health Regulations (pgs. 5-11). These requirements stand alone and represent all specifics concerning who, how, and what is necessary to become certified by the Board of Mineral Mine Examiners.

Part I of Virginia’s Board Of Mineral Mine Examiners Certification Requirements for Mineral Miners clearly define all specifics for becoming certified; including examination requirements, reciprocity, and renewal of certifications.

Part II addresses Minimum Certification Requirements in the different certification areas required by the Board. These include Underground Foreman, Surface Foreman, Surface Foreman-Open Pit, Surface Blaster, Underground Mining Blaster, Mineral Mine Electrician, Mine Inspector, and General Mineral Miner.

Prospective Surface Blasters will want to be familiar with these regulations in general, and will be exposed to the requirements and processes as they apply for their certification and continue renewals through their careers.

  • Chap. 40 – Safety and Health Regulations for Mineral Mining

Part I – General Administrative Provisions .......................pgs. 13-18

4 VAC 25-40-10 – Definitions

Reminder: Terms defined in Title 45.1- Article 1 of the Mineral Mine Safety Laws that are used in the Safety and Health Regulations retain their meaning. These terms are not listed and defined again in the definitions section of the regulations, but you will be responsible for knowing them from your study of the Laws.

The following are all important terms to know, as listed and defined in Part I of the Safety and Health Regulations, as you prepare to become a certified surface blaster: (terms specific to blasting are in bold print for emphasis) “Abandoned mine” “Face” or “bank” “Primer” “Abandoned “Flash point” “Refuse” workings” “Free-face” “Rollover protection” “Acceptable” “Flyrock” “Safety fuse” “Angle of repose” “Heavy duty mobile equipment” “Safety hazard” “Blast area” “Hoist” “Scaled Distance (Ds)” “Blast site” “Loaded” “Scaling” “Burden” “Major Electrical Installation” “Stemming” “Company “Misfire” “Substantial Construction” official” “MSHA” “Suitable” “Department” “Occupational Injury” “Switch” “Director” “Overburden” “Travelway” “Division” “Potable” “Wet drilling” “Escapeway “Powder chest”

DMM Surface Blaster’s Certification Study Guide 72Generally, surface blasters should be aware of the following Safety & Health Regulations, also found in PART I:

4 VAC 25-40-25 – Purpose and Authority

4 VAC 25-40-40 – Certification

4 VAC 25-40-50 – Duties of Mine Operators

4 VAC 25-40-70 – Approval Procedure

4 VAC 25-40-90 – Documents Incorporated by Reference

Part II– General Safety Provisions......................................pgs. 18-28

There are a number of items in Part II of the Safety & Health Regulations that Certified Surface Blasters should be acquainted with. From the standpoint of your prospective role as a certified person who may supervise others on the mine site, or in order to have a working knowledge of the regulations as they apply to safety and training requirements, the following sections should be reviewed and understood:

4 VAC 25-40-100 – Employee Training

4 VAC 25-40-110 – Inexperienced Employees

4 VAC 25-40-120 – When Foreman Required

4 VAC 25-40-130 – Examination by Foreman

4 VAC 25-40-140 – First Aid Training for Foreman

4 VAC 25-40-145 – Inspection of Mobile and Stationary Equipment

4 VAC 25-40-150 – Assignment of Persons to Hazardous Areas

4 VAC 25-40-160 – Emergency Medical Assistance

4 VAC 25-40-170 – Emergency Telephone Numbers

4 VAC 25-40-180 – Emergency Communications Systems

4 VAC 25-40-190 – Compliance with Regulations

4 VAC 25-40-200 – Illumination Requirements

4 VAC 25-40-210 – Cleanliness

4 VAC 25-40-220 – Water Supplies DMM Surface Blaster’s Certification Study Guide

73 4 VAC 25-40-230 – Toilet Facilities

4 VAC 25-40-250 – Use of Intoxicating Substances

4 VAC 25-40-260 – Posting Hazards

Part III – Ground Control....................................................pgs. 28-31

Certain regulations relating to Ground Control requirements have implications to blasting operations, therefore a certified blaster should know the basic content of Part III of the Safety and Health Regulations. These sections should be reviewed in order to understand the requirements and their practical application relating to proper operational and safety practices:

4 VAC 25-40-390 – Stability Requirements

4 VAC 25-40-400 – Open Pit Mine Rims

4 VAC 25-40-410 – Benches

4 VAC 25-40-420 – Scaling Hazardous Areas

4 VAC 25-40-430 – Hazardous Conditions

4 VAC 25-40-440 – Installation of Rock Bolts

4 VAC 25-40-450 – Correction of Unsafe Conditions

4 VAC 25-40-460 – Examination for Unsafe Conditions

4 VAC 25-40-470 – Keeping Clear of Equipment

4 VAC 25-40-480 – Trimming of Faces

Part IV – Fire Prevention and Control ...............................pgs. 31-37

Part IV also contains some requirements that a certified blaster should be familiar with.

Fire Prevention, protection, and control in mineral mining are extremely important considerations for all miners. Again, because of leadership and operational responsibilities that fall on the shoulders of the Certified Surface Blaster, the following sections of Part IV of the Health and Safety Regulations should be reviewed thoroughly:

4 VAC 25-40-490 – Smoking Near Flammable and Combustible Materials

4 VAC 25-40 500 – Warning and Evacuation Procedures

4 VAC 25-40-520 – Storage of Flammable Materials

4 VAC 25-50-560 – Solvents DMM Surface Blaster’s Certification Study Guide

74 4 VAC 25-40-570 – Waste Materials

4 VAC 25-40-580 – Use of Flammable Liquids for Cleaning

4 VAC 25-40-610 – Fire Equipment

4 VAC 25-40-630 – Training and Practice Drills

4 VAC 25-40-640 – Firefighting Assistance

4 VAC 25-40-670 – Fire Extinguishers

Part V – Air Quality and Physical Agents ..........................pgs. 37-39

All Sections

Airborne contaminant exposure limits, dust source control, silica compounds limitations and noise exposure limits are addressed in Part V of the Safety and Health Regulations. This brief Part, in its entirety should be reviewed for understanding, as it does have implications to surface blasting practices at mineral mine sites.

Part VI – Explosives..............................................................pgs. 39-50

All Sections Part VII – Drilling.................................................................pgs. 50-54

All Sections

Review and be knowledgeable of every detail of all sections of Parts VI and VII of the Safety and Health Regulations. These regulations address requirements in the certification area that you are seeking and every single item is important, in terms of potential examination material and the practical knowledge necessary to perform as a Certified Surface Blaster.

Part VIII – Compressed Air, Gases, and Boilers ...............pgs. 54-59

Certain sections of this Part VIII of the Safety and Health Regulations should be reviewed. While direct applicability to blasting is minimal, you should be aware of the following sections:

4 VAC 25-40-1100 – Boilers and Pressure Vessels

4 VAC 25-40-1110 – Air Compressors

4 VAC 25-40-1120 – Compressed Air Receivers DMM Surface Blaster’s Certification Study Guide

75 4 VAC 25-40-1190 – Repairs

4 VAC 25-40-1200 – Improper Use of Compressed Air

4 VAC 25-40-1210 – Locking Devices Part IX – Mobile Equipment ...............................................pgs. 59-72

It is difficult to work at a surface mineral mine without operating or otherwise interacting in some way with the use of mobile equipment of some type. Nationally, and in Virginia, mobile (powered haulage) equipment accidents continue to be one of the leading causes of serious injuries and fatalities in the mineral mining industry. For these reasons it is advisable for certified surface blasters to familiarize themselves with certain standards contained in the Safety and Health Regulations.

4 VAC 25-40-1320 – Brakes on Mobile Equipment

4 VAC 25-40-1330 – Emergency Brakes

4 VAC 25-40-1340 – Requirements for Starting or Moving Equipment

4 VAC 25-40-1350 – Construction of Operators’ Cabs

4 VAC 25-40-1370 – Safety Equipment

4 VAC 25-40-1380 – Extraneous Materials in Cabs

4 VAC 25-40-1390 – Operating Speeds

4 VAC 25-40-1410 – Restraining Berms or Guards

4 VAC 25-40-1420 – Operation under Power Control

4 VAC 25-40-1430 – Maintaining Control of Equipment

4 VAC 25-40-1460 – Prohibited Means of Transportation

4 VAC 25-40-1470 – Securing Equipment in Travel Position

4 VAC 25-40-1510 – Setting Brakes

4 VAC 25-40-1540 – Traffic Rules

4 VAC 25-40-1550 – Heating and Cooling Cabs

4 VAC 25-40-1570 – Audible Warning Devices DMM Surface Blaster’s Certification Study Guide

76 4 VAC 25-40-1580 – Backup Alarms

Part X – Personal Protection...............................................pgs. 70-72

All Sections

Proper personal protective equipment for miners is an important safety measure. As a certified person who may be in charge of other workers, it is important that you understand such requirements and assume responsibility for assuring that all personnel are using (wearing) proper Personal Protective Gear that is in good and functional condition. These include such basic items as safety harnesses, hard hats, protective footwear, safety glasses or goggles, and gloves.

Part X has other related requirements that address personal protection, including sections that cover First Aid material availability, finger ring(s) prohibition when working with tools/equipment, light reflective material requirements for night visibility of persons, loose clothing hazards and protection from falling (or engulfing) material at dump sites.

While all sections of Part X may not apply directly to blasting work, there are numerous important items that apply to all miners. Review and be knowledgeable of all requirements in Part X.

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Reclamation Eligibility ProceduresDoc ID: DMLR-P-4101

Original: 375 words
Condensed: 316 words
Reduction: 15.7%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.01

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Reclamation Project - Eligibility Section AML Last Revised 3/12/97

OBJECTIVE AND INTENT :

To ensure that eligibility determinations are accurately and expeditiously made per Section 404 of Public Law 95-87 and the State Reclamation Plan.

PROCEDURES :

Reclamation Services Inspector :

The Inspector shall review the mining history of a site to document a finding that the project area was mined prior to December 15, 1981 (or was affected by mining operations which were conducted prior to that date).

The finding shall show that there is no continuing reclamation responsibility under the State of Federal law.

In developing the history of the site, the Inspector shall thoroughly research DMLR permit records, Division of Mines records, coal industry information, coalbed mapping data, MSHA records, aerial photography, and any other relevant sources of information. Affidavits from citizens who may have knowledge of the site (and the mining history of the site) may be used only when other research does not provide the necessary documentation.

Should the Inspector’s research factually establish eligibility, the Inspector shall make a field copy of the documents obtained by the research and forward the complete file to the Supervisor. After reviewing the information, the Supervisor will forward the file to the AML Services staff located in the Big Stone Gap office.

AML Services Staff:

The AML Services Staff shall review the Inspector’s documentation, and provide additional information which may be available at the DMLR office. The AML Services Staff shall prepare an eligibility documentation sheet and forward this to the Reclamation Services (AML) Manager.

Reclamation Services (AML) Manager :

The Reclamation Services (AML) Manager shall review the eligibility documentation and determine if the required eligibility criteria are met. If the criteria have been met, the Reclamation Services (AML) Manager shall route the documentation sheet to the DMLR Director with a recommendation for approval.

DMLR Director :

The DMLR Director shall review the recommendation. The Director’s signature shall officially establish the project’s eligibility for reclamation under the AML program.

The eligibility documentation will then be returned to the AML Services Section for filing. AML Services Staff will update the project-tracking sheet to note the eligibility determination date. 1

Emergency Lifting Device Requirements for MinesDoc ID: DM-G-161115

Original: 197 words
Condensed: 147 words
Reduction: 25.4%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 2 ROOF, RIB AND FACE CONTROL Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.115. D.

Supplies of Materials for Supports

Availability of Emergency Lifting Devices:

The intent of this section of the MSA is that appropriate lifting devices having a rated capacity be immediately available at each underground mine for emergency use. The inspector should consider the following when checking these lifting devices:

  • That each lifting device be rated to lift at least 20 tons and that a total of 80 tons lifting capacity is available.
  • That the lifting devices are located or stored so as to be immediately available.
  • That the required lifting devices are in good condition and complete with all required components.

The MSA does not specify the type lifting devices required. Rated pneumatic or hydraulic systems are acceptable. Lifting devices may be used for other than emergency response. However, the mine inspector should determine that mine personnel can locate and respond immediately with the required lifting devices. Also, the mine inspector should check the lifting devices under load to determine their operating condition.

Electric Equipment and Methane Monitor ComplianceDoc ID: DM-G-161195B

Original: 657 words
Condensed: 601 words
Reduction: 8.5%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 11 ELECTRICITY Issue Date: 4/10/00 Revised Date: Page 1 of 2 Section 45.1-161.195 B., C., D.

Inspection of Electric Equipment and Wiring:

Checking and Testing Methane Monitors

Maintaining all monitors in permissible and proper operating condition.

“Optional” methane monitors provided on electrical face equipment such as roof bolting machines, will require functional checks and weekly calibration checks pursuant to 45.1-161.195 B & C. The mine inspector must assure these checks are being performed and a record of these tests maintained. Failure to perform the functional tests and weekly calibration would result in a notice of violation. Further, an “optional” installation that is not permissible electrically would be a violation of 45.1-161.193 B. Other methane monitoring devices provided in outby areas must be inspected at least weekly, and any defects found must be corrected as required in Section 45.1-161.195 A.

Section 45.1-161.195 D applies only to those methane monitors required by Federal Code on face cutting and loading machinery.

Required methane monitors are maintained in proper operating condition when properly installed, maintained permissible, and calibrated to standard. The methane monitor must give a visual or audible warning to the operator when the concentration of methane reaches a maximum of 1.0 volume per centum. If operated remotely, the warning device must be on the remote unit or installed on the machine so as to be readily seen by the operator. On longwall mining installation, the methane monitor power shut off relay must be connected so that all electric power associated with the longwall installation is automatically de-energized when the concentration of methane reaches 2.0 volume per centum.

On cutting and loading machinery, the methane monitor sensor head must be located on the machine as near to the face as practical. This is normally within 12 feet of the face end of the machine. The monitor must automatically de-energize the machine when methane concentrations reach 2.0 volume per centum. If required on a piece of diesel equipment the monitor must also shut off the diesel engine when the concentration of methane reaches 2.0 volume per centum. The methane monitor may remain energized when monitoring 2.0 or greater volume per centum of methane. Methane monitors are to be maintained calibrated as required by manufacturer’s recommendation. The mine inspector must not consider a set standard of deviation to determine compliance.

However, the inspector should require the operator to provide the manufacturer’s recommendation. If a question of compliance arises, the burden should fall on the operator to furnish the necessary verification of the approved standard.

The following guidance is provided for the mine inspector in inspecting methane monitors:

  1. Check the entire monitor system to determine that all components are secured to the machine.
  2. Determine that the sensor head is located and mounted properly, and as close to the face as practical. Also, check the sensor head for proper condition and maintenance to ensure that the sensor head is not clogged or damaged.
  3. Check packing glands for permissibility. Assure that lenses protecting its meter and indicating lamps are not cracked or broken.
  4. Check for mechanical zero adjustment when no methane is present. Activate the test switch and assure the warning is given at 1.0 percent methane and that all motors and lights on machine de-energize when 2.0 percent methane is indicated.
  5. Assure that the warning device can be seen or heard from the operator’s position.
  6. Check to assure that it is not possible to defeat the monitor by holding or blocking the machine’s reset switch in the start position.

Any deficiency observed constitutes a violation on this section of the MSA. If necessary, the mine inspector should require application of known mixture of methane to the sensor head to determine proper operation of its monitor when deficiencies are suspected.

Note: Readings of machine mounted methane monitors do not meet the requirements for methane checks in working places.

Hoisting Equipment Inspection GuidelinesDoc ID: DM-G-161158

Original: 141 words
Condensed: 133 words
Reduction: 5.7%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 7

HOISTING.

Issue Date: 5/02/03 Revised Date: 4/15/04 Page 1 of 1 Section 45.1-161.158.F.

Inspection of hoisting equipment.

Daily Examinations of Hoisting Equipment.

Section 45.161.158.F. states that all hoisting equipment shall be inspected daily by an authorized person designated by the operator. The person making such examination shall make a daily permanent record of such inspection, which shall be available for inspection by interested persons.

If more than one person conducts the inspection, the inspection record must show what areas each person examined, and each person must sign the record.

EXAMPLE One person examines the interior of the shaft, and the other person examines the facilities located on the surface. Each person must record the areas examined and sign the record of inspection report.

Virginia Gas and Oil Drilling RegulationsDoc ID: DGO-G-2

Original: 1,349 words
Condensed: 719 words
Reduction: 46.7%

DIVISIONS

ENERGY

GAS AND OIL

GEOLOGY AND MINERAL

RESOURCES

MINED LAND RECLAMATION

MINERAL MINING

MINES

ADMINISTRATION CCOOMMMMOONNWWEEAALLTTHH OFFO VIIRRGV GIINNIIAA Department of Mines, Minerals and Energy Russell County Government Center 135 Highland Drive Lebanon, Virginia 24266 (276) 415-9700 FAX (276) 415-9671 www.dmme.virginia.gov

GUIDANCE MEMORANDUM1

TO: Gas and Oil Operators in Virginia

FROM: Rick Cooper, Director Department of Mines, Minerals and Energy (DMME), Division of Gas and Oil

DATE: December 28, 2016

SUBJECT: Bonding and Additional Financial Security Requirements Applicable to Wells Drilled in Tidewater Virginia2

Introduction

Virginia consists of five physiographic provinces. One province, the Coastal Plain, has seen a recent increase in lands leased for potential oil and gas drilling. The potential resource in the Coastal Plain, commonly known as the Taylorsville Basin, sits beneath the Potomac Aquifer. This groundwater system provides water supplies to approximately 90% of the residents in the Coastal Plain. Such a vast aquifer system does not exist in Southwest Virginia, where all existing drilling in the Commonwealth takes place.

§ 45.1-361.3 of the Code of Virginia (Code) empowers the Department of Mines, Minerals and Energy (DMME) “to protect the citizens and the environment of the Commonwealth from the public safety and environmental risks associated with the development and production of gas or oil.”

§ 45.1-361.31(A) states “permit applicants shall give bond with surety acceptable to the Director and payable to the Commonwealth.” § 45.1-361.27(E) (4) of the Code grants DMME the authority to “[r]equire or forfeit

1 This memorandum is to be considered a guideline issued under the authority of § 45.1-361.27(E)(5) which reads: “The Director shall also have the authority to prescribe the nature of and form for the presentation of any information and documentation required by any provision of this article or regulation adopted thereunder.” 2 Per § 62.1-44.15:68 of the Code, "Tidewater Virginia" means the following jurisdictions: The Counties of Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York, and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg.bonds or other financial securities.” This document establishes the bonding requirements applicable to any wells drilled in the Tidewater region and the conditions for which additional financial securities will be required before a permit to drill for gas or oil in Tidewater shall be issued.

Requirements

Effective immediately, blanket bonds will not be accepted with any permit applications for any well drilled in Tidewater Virginia. Surety acceptable to the Director pursuant to § 45.1-361.31(A) shall be in the amount of $20 per foot, including vertical and horizontal lengths, of each well.

In addition to the bonding requirements of § 45.1-361.31 of the Code, applicants for a permit to drill any gas or oil well in the Coastal Plain shall be required to submit proof of adequate additional financial security as described below.

Permitted operators shall maintain third party liability coverage for sudden, accidental releases stemming from operations at the permitted site.

The operator shall carry a valid policy or policies of insurance issued by an insurance company or companies authorized to do business in the Commonwealth of Virginia. In the event such insurance policy or policies are cancelled, the permit shall be suspended on such date of cancellation and the operator’s right to operate under the permit shall immediately cease until the operator files additional insurance as provided herein.

1. General Requirements applicable to all policies:

a. The Commonwealth of Virginia, its officials, employees, agents and officers shall be endorsed as an Additional Insured on all policies. A copy of the endorsement is required for evidence of coverage.

b. All policies shall be endorsed with a waiver of subrogation in favor of the Commonwealth of Virginia. A copy of the endorsement is required for evidence of coverage.

c. All policies shall be written on an occurrence basis where commercially available.

d. If coverage is written on a claims made basis, the operator must maintain continuous coverage or purchase Extended Period Coverage Insurance for four years following expiration or suspension of the Gas Well Permit. The Extended Coverage Period insurance must provide that any retroactive date applicable to coverage under the policy precedes the effective date of the issuance of the permit by DMME.

e. All policies shall be written by an insurer with an A-: VII or better rating by the most current version of the A. M. Best Key Rating Guide or with other financially sound insurance carriers acceptable to DMME.

f. Deductibles shall be listed on the Certificate of Insurance and shall be on a per occurrence basis

g. Certificates of Insurance shall be delivered to DMME, evidencing all the required coverages, including endorsements, prior to the issuance of a permit.

h. Any failure on part of DMME to request required insurance documentation shall not constitute a waiver of the insurance requirement specified herein.

i. Each policy shall be endorsed to provide DMME a minimum thirty (30) day notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium.j. Upon request, certified copies of all insurance policies shall be furnished to DMME.

k. Irrespective of the insurance requirements, the insolvency, bankruptcy or failure of any insurance company to pay claims accruing shall not be held to waive any of the provisions of these requirements.

l. Operator shall pay promptly all premiums for such insurance in strict accordance with its obligations to its carrier and maintain the required coverage in full effect so long as the permit is valid.

  1. Commercial General Liability Policy This coverage must include premises, operations, blowout or explosion, products, completed operations, sudden and accidental pollution (with discovery and reporting periods of not less than fifteen (15) days and thirty (30) days respectively), blanket contractual liability, underground resources damage, broad form property damage, independent contractors protective liability and personal injury. This coverage shall be a minimum of five million ($5,000,000) dollars per occurrence.
  1. Excess or Umbrella Liability Insurance limits in a minimum of ten million dollars ($10,000,000). Coverage is to be at least as broad as, applies of and follows form of the primary liability coverage required for commercial general liability, auto liability and employer’s liability. Coverage must include an endorsement for sudden or accidental pollution.
  1. Environmental Pollution Liability Coverage a. Operator shall purchase and maintain for the duration of the permit, insurance for environmental pollution liability applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with any loss arising from the insured site. Coverage shall be maintained in an amount of at least ten million ($10,000,000) dollars per loss.

b. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants.

c. The operator shall maintain continuous coverage or purchase Extended Period Coverage Insurance for four years following expiration or suspension of the permit. The Extended Coverage Period insurance must provide that any retroactive date applicable to coverage under the policy precedes the effective date of the issuance of the permit by DMME.

  1. Control of Well Coverage The policy should cover the cost of controlling a well that is out of control, re-drilling or restoration expenses, seepage and pollution damage as first party recovery for the operator and related expenses, including, but not limited to, loss of equipment, experts and evacuation of residents.

Five Million Dollars ($5,000,000) per occurrence. A Five Hundred Thousand Dollar ($500,000) sub-limit endorsement may be added for damage to property for which the operator has care, custody, and control.

Questions concerning this document can be directed to Rick Cooper at 276-415-9700.

Small Mine Safety Improvement ProgramDoc ID: DM-P-10702

Original: 1,568 words
Condensed: 1,345 words
Reduction: 14.2%

DIVISION OF MINES

CHAPTER: VII Training And

PROCEDURES MANUAL

Accident Reduction

PROCEDURE NO: 1.07.02

ISSUE DATE: January 1, 1997 SUBJECT: Small Mine Safety Service

LAST REVISED: 01/99;08/05

OBJECTIVE AND INTENT

To assist small coal mines in developing a trained, safety conscious work force which is committed to working accident free while performing with a high degree of operational effectiveness and efficiency.

GENERAL

 A list of mines employing 25 people or less will be developed to identify those with the highest NFDL rates and the highest total number of accidents for the previous twelve-month period.

 Additional factors including, but not limited to, risk assessment evaluations, mine conditions, mining practices, potential mine life, significant geological abnormalities, ventilation - methane problems, and special investigations will warrant consideration in the selection process.

 A total of 24 mines will be selected and contacted for voluntary enrollment in the service.

 Participating mines should have a potential mine life of two years or more.

However, should a mine official of a mine that has a high rating elect to participate in the service, even though the mine life is less than two years, the mine will be considered. If a mine closes prior to the expiration of the safety service, then the evaluation on the effectiveness of the service will be based on the length of time the mine participated in the service. Participation is established through an annual contract, which is subject to renewal.

1. SMALL COAL MINE SERVICES OFFERED

 DM personnel will provide and/or assist mine officials with various types of training, including: mine foreman retraining, electrical retraining, diesel engine mechanic retraining, annual refresher training, newly employed experienced miner training, new miner training, advanced first aid, gas detection, general coal miner, continuing education for foremen, and supervisory training for foremen. This training will meet MSHA requirements, 30 CFR Parts 48, 75 and 77, and Virginia requirements.

Rv.08/05 1-4  Small Mine Service personnel will provide first priority response to on site problems and technical assistance when requested by mine officials.

 Small Mine Service personnel will schedule on site visits at least monthly and more often upon request, as needed.

 Small Mine Service personnel will schedule and conduct monthly, site-specific safety talks.

 Site specific, educational safety material will be developed and provided for use in safety talks conducted by mine officials.

 Small Mine Service personnel will assist in the modification or development of mine plans, plan supplements, permits, etc., upon request.

 Small Mine Service personnel will provide various types of specialized, site-specific education and training (JSO’s/JSA’s) on mine safety concerns.

 Small Mine Service personnel will work with mine officials and mining personnel to identify and resolve site-specific safety issues in their respective areas of expertise.

 The Small Mine Safety Service and ARP staff will implement a formalized and structured “Train The Trainer” on-site training program. This program will provide quality, effective training to those mine officials and miners that conduct task, hazard and experienced miner training at selected SMSS and ARP mines.

Assistance will also be provided to mine officials to help design mine specific training that should be included in annual retraining.

2. SMALL COAL MINE SERVICE IMPLEMENTATION

 Initial Site Visits a. Small Mine Service personnel will introduce and explain the scope and intent of the safety service. b. Small Mine Service personnel will communicate with mine officials and mine personnel to solicit input on training needs, concerns, and mine safety issues. c. Small Mine Service personnel will explain their areas of expertise and capabilities (roof control, ventilation, electrical and training) to mine officials. d. Small Mine Service personnel will assist, upon request, in developing plans to address deficiencies and areas of concern with input from mine officials, employees, inspectors, supervisors, and other Technical Specialists. e. Small Mine Service personnel will discuss scheduling of visits to avoid burdensome restrictions on mining operations.

Rv. 08/05 2-4  Scheduled Site Visits a. Quarterly scheduled site visits will be conducted by Technical Specialists, and at other times upon request. b. Technical Specialists will evaluate mine plans, mining methodology, considering safety and mining effectiveness/efficiency. c. The Roof Control specialists will assist with the following: (1) Monitor and evaluate the roof control plan, accounting for changes in conditions, practices, etc. (2) Evaluate compliance with the roof control plan, recognizing discrepancies and resolving the same. (3) Identify potential areas of improvements and consult with mine officials, mine personnel, etc., on areas of improvements and/or concerns. (4) Assist mine officials with roof control plan and supplements. (5) Assist with formulating other roof control related plan matters such as bleeder roof support, roof fall cleanup, etc. (6) Assist the Accident Reduction personnel, and other DM personnel with various types of training upon request. d. The Ventilation Specialists will assist with the following: (1) Monitor and evaluate the adequacy and effectiveness of ventilation related plans, ventilation matters, etc. (2) Evaluate compliance with ventilation related plans. (3) Assist with formulating ventilation related plans and supplements. (4) Assist with on site, ventilation related matters such as bleeder drainage, seal construction, etc. (5) Assist the Accident Reduction personnel, and other DM personnel, with various types of training upon request. e. The Electrical Specialists will assist with the following: (1) Conduct an overall evaluation of the electrical system and electrical installations, both surface and underground. (2) Evaluate the entire electrical system and equipment for safety and compliance. (3) Consult with mine officials and mining personnel on safety concerns and/or areas of improvement; assist with resolving such matters. (4) Assist mine officials and mining personnel with establishing an equipment maintenance program upon request. (5) Provide assistance related to other electrical matters upon request. (6) Assist the Accident Reduction personnel, and other DM personnel, with various types of training upon request.

Rv. 08/05

3-4 f. The Small Mine Service personnel will perform the following: (1) Provide and/or assist with various types of site-specific training including: mine foreman retraining, electrical retraining, diesel engine mechanic retraining, annual refresher training, newly employed experienced miner training and new miner training. (2) Conduct an overall safety evaluation following established Small Mine Safety Service guidelines. (3) Evaluate and identify training needs. (4) Conduct on site job safety observations (JSO’s) (5) Conduct JSA’s in areas of mine related accidents, areas of request, and where problems were identified during DM staff visits. (6) Conduct training necessary to ensure that needs are being satisfied, to include deficiencies discovered during job safety observations. (7) Conduct monthly specialized on site, job-specific safety talks. (8) Provide educational and safety material for involvement in safety talks conducted by DM personnel and mine officials. (9) Provide a Mine Foreman Duties checklist and an equipment Hazard Identification Checklist.

3. SMALL COAL MINE SERVICE EVALUATION

 At the conclusion of each service period the safety records of participating mines will be compared to a group of comparable, non-participating mines to measure and evaluate the effectiveness of the service. This evaluation will include the following factors: a. Comparison of NFDL rates b. Total number of accidents. c. Quarterly evaluation of service elements by mine officials and mine personnel. d. Quarterly evaluation of service elements by DM Inspector and Inspector Supervisor. e. Total number of violations and orders per inspection hour (DM). f. Comparison of tonnage (tons per man) vs. number of accidents (past vs. present). g. Comparison of tonnage (tons per man) vs. number of violations (past vs. present). h. Risk Assessment evaluation. i. Total number of workdays lost. j. Total number of serious accidents.

Rv. 08/05 4-4

AGREEMENT

SMALL COAL MINE SAFETY SERVICE

This Memorandum of Agreement is made this day of , 200 by and between the Commonwealth of Virginia’s (herein “Commonwealth”) Department of Mines, Minerals and Energy, Division of Mines (herein “DM”) and (herein “Licensee”).

WHEREAS, DM is the regulatory authority of the Commonwealth responsible for administering the Mine Safety Act, Virginia Code §§ 45.4-161.7 et seq. and the rules and regulations promulgated thereunder, for the purpose of providing for the safety and health of coal miners.

WHEREAS, the Licensee holds a license from DM for and is the operator of an (underground) (surface) coal mine located in County known as .

WHEREAS, DM has developed the Small Coal Mine Safety Service Program (herein “Program”) as more particularly described in Exhibit A hereto, and has determined, subject to the terms of this agreement, that Licensee qualifies for participation in the Program.

WHEREAS, subject to the terms of this agreement, Licensee desires to participate in the Program.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

  1. DM agrees to accept Licensee into the Program, and pursuant thereto to deliver the services provided by the Program to the Licensee’s employees commencing on , 200 and continuing through , 200 , (herein “Term of this Agreement”).
  2. Licensee agrees to enroll and provide for the participation of of its employees in the Program during the Term of this Agreement, and to pay to DM the sum of $ for the services to be provided by DM in conducing the Program.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto in the manner and form sufficient to bind them as of the day and year set forth above.

AS TO DM:

AS TO LICENSEE:

By: By:

Frank A. Linkous, Chief

Its

(Title) Enclosure: Exhibit A, Description of Small Coal Mine Safety Service Program

Updating Ownership and Control Records in Mining PermitsDoc ID: DMLR-M-3-92

Original: 283 words
Condensed: 262 words
Reduction: 7.4%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 3-92 Issue Date: April 21, 2008 Subject: Updating Ownership and Control Information (issued 4/28/92, updated 10/1/01 & 04/21/08)

The Division must verify the company’s eligibility to conduct coal surface mining operations through its permit records and the Applicant Violator System (AVS) whenever the legal structure of a permittee changes.

To delete the name of an owner, officer, director, principal stockholder, or other company official from the Division’s record, the permittee must submit an affidavit, notarized letter, or notarized Board resolution describing the change. The document should specify the effective date of the change.

The permittee would also need to submit an application to update the permit records. To add or delete the names of the owners, officers, directors, principal stockholders, or other company officials, the permittee would need to submit –

  • DMLR-PT-034p, for changes to the permittee’s ownership and control.
  • DMLR-PT-034o, for changes to the operator’s (contractor) ownership and control. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Mining Under State Boundaries ProceduresDoc ID: DMLR-P-2210

Original: 566 words
Condensed: 514 words
Reduction: 9.2%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.10

PROCEDURES MANUAL ISSUE DATE August 17, 2000 SUBJECT Mining Under State Boundaries Section Technical/Permitting Last Revised 3-12-97

OBJECTIVE AND INTENT:

To ensure operations that begin at portals in one State and mine beneath State boundaries into an adjoining State are properly permitted and regulated in accordance with the Virginia regulatory program and the cooperative agreement signed April 1, 1991 with adjoining States.

PROCEDURES:

Mines with Portals in Virginia:

Upon receipt of a new permit or revision application that potentially involves underground coal mining into an adjacent State, the Field Inspector shall flag this information on the “Application Checklist & Routing Slip” (DMLR-PT-008) to the attention of the Review Inspector and the designated State Line Mining Coordinator.

The Field Inspector shall advise the applicant that operations affecting land in another State may subject the operator to regulatory authority in that State as well. The Inspector shall ensure the application complies with 4 VAC 25-130.778.13(i).

When the applicant submits the permit or revision application to the Division, the State Line Mining Coordinator shall notify the regulatory authority in each potentially affected State. The notification shall include, at a minimum:

  • the applicant’s name and address,
  • the location of the proposed operation,
  • a description of the proposed mining methods, and
  • the name, address and phone number of the DMLR Field Inspector.

Portals in Bordering States with Mine Projection(s) to or in Virginia:

A permit for such operation will be required as a “Zero-Acreage” permit (no actual surface disturbance is expected to occur in Virginia). The permit’s operation status will be designated as “ZA” (Zero Acreage) on the inspection report (DMLR-ENF-044S). The permit application map legend will reflect 0.00 acres under permit.

The Field Inspector shall ensure the permit or revision application form(s) (DMLR-PT-034e, DMLR-PT-034p, and DMLR-PT-034o) provide or address, at a minimum, the following:

  • property rights information regarding the potential surface impact area;
  • a water supply inventory for the potential impact area above the underground workings;
  • geologic characterization of overburden above the proposed underground mining area;
  • the Proposed Underground Mining Area (PMU);
  • a subsidence survey;
  • a subsidence control plan; 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.10

PROCEDURES MANUAL ISSUE DATE August 17, 2000 SUBJECT Mining Under State Boundaries Section Technical/Permitting Last Revised 3-12-97

  • a probable hydrologic consequences (PHC) determination;
  • the six months notice for mining under surface areas;
  • certificate of liability insurance (with water replacement rider); and,
  • the applicant’s violation history.

The State Line Mining Coordinator shall, prior to approval of the application, contact the regulatory authority in the adjacent State and determine the name and phone number of the enforcement inspector in the adjacent State. This information will be included in the approved permit package forwarded to the DMLR Field Inspector.

Inspection - Portals in Bordering States with Projections in Virginia:

The Field Inspector shall conduct a complete inspection of the surface areas of the Zero Acreage permit at least once per quarter.

When necessary, the Inspector shall communicate with his or her counterpart in the adjoining State for purposes of collecting or verifying information relative to the operation’s activity in Virginia (and reciprocate in kind). The inspector is authorized to travel into the adjoining State, as necessary, to conduct the inspection.

The Inspector shall make every effort to coordinate and assist the other State regulatory agencies conducting inspections on such permits as required by the cooperative agreement. 2

Mine Investigation Documentation ProceduresDoc ID: DM-P-10509

Original: 672 words
Condensed: 294 words
Reduction: 56.2%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.09

ISSUE DATE: May 3, 1999 SUBJECT: Investigation Documents File LAST REVISED:

OBJECTIVE AND INTENT

To effectively and efficiently manage and maintain a complete and accurate file of investigations conducted for complaints, serious personal injuries, and fatalities.

GENERAL During the course of the investigation of complaints, serious personal injuries, and fatalities, it is expected that documentation will be created by DM personnel involved with these investigations. This documentation will include field notes, copies of mine records, drawings, audio tape recordings, photographs, and possibly other information and materials necessary and relevant to the investigation process. All of this documentation becomes part of the Department’s investigation record, and is subject to become a public record through FOIA requests.

The Department routinely receives FOIA requests especially for such files following serious accidents and fatalities. The requests are almost always detailed and very comprehensive in nature, seeking everything compiled in the investigation file. The Department is mandated in most instances to provide prompt and complete disclosure and copying of the files requested.

In order to efficiently and effectively meet the obligation, all DM personnel involved in the investigation of complaints, serious personal injuries, and mine fatalities are to comply with the following procedures:

PROCEDURE

1. INVESTIGATION DOCUMENTS TO BE FILED

 Upon completion of the investigation, the original of all notes, drawings and any other written documentation created or compiled by DM personnel during the course of the investigation; along with any audio tape recordings and photographs (prints, digital, video) are to be collected and placed in an envelope. This envelope is to be labeled, identifying the incident investigated and the materials assembled. DM personnel may retain for their personal records, a copy of notes and other documents they created.

2. AUDIO AND VIDEO TAPE RECORDS

 When audio and video tape records are created as part of an investigation, it is important that attention be given to procedures that will ensure a quality record not only for the investigation but also for copy in meeting possible FOIA requests. Consider and follow these procedures when you are creating an audio tape record:

1-2

  1. Label the tape with the date, name of person interviewed, and company
  2. Label the tape box with the same information
  3. Tape only on the “A” side
  4. Make a tape check to be sure you are taping
  5. Once taping has been finished, punch out the plastic tab to prevent recording over.

3. INVESTIGATION SCENE PICTURES

 When pictures are taken as part of the investigation, care must be given to ensure a quality record. Use discretion when taking pictures where personal injury or fatalities have occurred to not create photographs that could be hurtful to a victim’s family, and which are not necessary for the investigation. Consider and follow these procedures when you are creating a record through pictures:

  1. Take only the pictures needed for the investigation – partial rolls are ok.
  2. There should be four (4) sets of pictures made initially.
  3. The person that delivers and picks up the pictures needs to write on the receipt what the pictures are for and how many rolls were developed.
  4. The receipt should be sent immediately to the Office Services Specialist responsible for the file.

4. COORDINATION OF FILE

 Since it is not unusual for several different DM representatives to be involved with an investigation and contributing to the file development, it is important to have an individual designated as responsible for coordination of the assembly of the documents and other materials for inclusion in the final division investigation file. In those investigations where the Emergency Response Team has conducted the investigation, the coordinator for the ERT will assume this responsibility. In complaint and other serious incident investigations, whether performed by specialists or inspectors, the area supervisor where the investigation is conducted will be responsible for the document file.

Investigation files are to be compiled accurately and completely, and delivered as promptly as possible to the Office Services Specialists assigned to maintain the file.

2-2

Permit Application Review ProceduresDoc ID: DMM-P-413

Original: 675 words
Condensed: 510 words
Reduction: 24.4%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.13.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Permit Application Review Section Permitting Last Revised

OBJECTIVE AND INTENT:

To ensure consistent and timely review and processing of permit applications.

PROCEDURES:

  1. The permit application is received and date stamped by the Executive Secretary and then forwarded to the Program Support Technician.
  1. The permit application is logged onto the Permit Tracking area of the Mineral Mining System in accordance with Procedure 4.16.00 unless the Mine Inspector has already begun the tracking on the system.
  1. Within 2 days after receipt, the Program Support Technician will conduct a review to assure completeness and that the package has been reviewed by the Mine Inspector. The complete application or a field approved application is then given to the Environmental Engineer Consultant for review. Applications which are incomplete or have not been initially reviewed by the Mine Inspector are mailed to the Mine Inspector for his review.
  1. The Environmental Engineer Consultant will log the application into the tracking system in accordance with Procedure 4.16.00 and review the application to determine compliance with regulations and acceptable environmental and engineering practice. If additional information or technical studies are required, the Environmental Engineer Consultant will draft a letter to the applicant specifying the requirements, corrections, technical studies or additional information needed. The Environmental Engineer Consultant will complete the review and approve, deny or return the permit application to the operator within 21 days after receipt.
  1. The Program Support Technician or the Environmental Engineer Consultant will distribute the comment letters to the operator. Copies will be provided to the Environmental Engineer Consultant, Mine Inspector, and Mine Inspector Supervisor. A copy of the letter will also be placed in the pending permit file. The original letter will be sent to the operator; the permit application may also be returned to the operator with the comment letter upon the discretion of the Engineer.

6 .After response to the Environmental Engineer Consultant's comments is received from the applicant and date stamped, the Environmental Engineer Consultant will review the response to determine compliance within 21 days of receipt. If the applicant's response is insufficient or the new information generates additional comments, the Environmental Engineer Consultant will notify the applicant in writing as indicated in No. 4 and 5 above. If the applicant's response is adequate, the Environmental Engineer Consultant will approve the permit application and indicate such on the permit tracking system.

  1. The approved permit application will be given to the Program Support Technician who will compose a letter; billing the applicant for required fees and bond. The letter will state that the fees and bond are to be submitted to the division within 30 days of the date of the letter.
  1. Upon receipt of the bond and fees from the applicant, the Executive Secretary will post the monies and bond on the daily mail log in accordance with established administrative procedures. The bond and fees will then be given to the Program Support Technician.
  1. 13-1 DIVISION OF MINERAL MINING PROCEDURE NO. 4.13.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Permit Application Review Section Permitting Last Revised
  1. The Program Support Technician will collect the bond and fees, permit application and all associated materials in the pending permit file. The Program Support Technician will create a permit file in the Mineral Mining System Permitting area and enter permit, ownership and license information. Once the data entry is completed the permit document and a receipt will be generated only if requested by the applicant.

10. The Program Support Technician will establish two permanent files for all approved permits. The original file will remain in the DMM office and a copy file will be sent to the Mine Inspector overseeing the operation. File sections will include:

1) bond and fee ledger sheet 2) Progress Reports 3) accident reports (in separate manila folder) and miscellaneous correspondence 4) Application/Operation Plan package and amendments 5) maps with legends 6) Inspection Reports 7) Tonnage Reports.

The DMM office file will be kept in the file room and filed by permit number numerically.

  1. 13-2

Digital Mapping Standards for Mining PermitsDoc ID: DMLR-M-27-09

Original: 2,008 words
Condensed: 1,880 words
Reduction: 6.4%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009 Subject: Electronic Permitting – Digital Mapping Guidelines

The Department of Mines, Minerals, and Energy’s (DMME) Division of Mined Land Reclamation (DMLR) is implementing the following minimum standards and requirements for submitting digital maps associated with electronic permitting.

Section 1 – General Requirements

  1. 1

OVERVIEW

These standards pertain to the production and submittal of electronic CAD files and associated Adobe (.pdf) files for electronic permitting, and have been developed to provide direction to operators and consultants submitting coal mining permit applications.

Operators and consultants should contact the DMLR Mapping Section (276: 523-8193) for the most current release of acceptable CAD template files or view information posted to DMLR FTP site (ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/), prior to the development of an electronic permit.

Additional information regarding these standards, including CAD template files and layer descriptions, is available on the DMLR FTP site (ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/).

  1. 2

FILE FORMAT

AutoCAD .dwg is the preferable format for creating and submitting electronic permit drawings. However, if an applicant wishes to use MicroStation (.dgn file extension) software, you should contact the DMLR Mapping Section prior to the development of an electronic permit application.

All CAD drawings must be accompanied with a complete matching set of Adobe (.pdf) drawings. These .pdf files will be considered a digital hardcopy and will be used for reproduction.

1 This Memorandum is to be considered guidance issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

Page 2 of 11

  1. 3

FILE ATTACHMENT

All Adobe (.pdf) files should be attached in section 21.2 of the electronic permit application, and all CAD (.dwg) files should be attached in section 21.5.

  1. 4

DRAWING CONTENT

DMLR has developed AutoCAD template files (.dwt file extension) for all required maps in an electronic permit application. These template files should be used to develop the necessary CAD drawings required in the electronic permit application. Each template file has a corresponding HTML document that describes the required layer names and properties for that layer. The template files and accompanying documentation are available on the DMLR FTP site (ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/). A complete description of each template file is provided in Section 2.

  1. 5 STANDARD COORDINATE SYSTEM and DRAWING UNITS

Any drawing utilizing a coordinate system should correspond to the Virginia State Plane System, North American Datum, 1983 (NAD 83), in US feet (EPSG: 2284).

If the applicant is using the AutoDesk product AutoCAD Map, DMLR prefers the drawings have an Assigned Global Coordinate System of VA83-SF NAD83 Virginia State Plane, South Zone, US Foot. This designation can be accomplished by using the AutoCAD Map Menu pulldown, select Tools and Assign Global Coordinate System.

Please define the drawing units as feet.

  1. 6 FILE NAMES and DESCRIPTIONS

The file naming conventions for both the CAD drawing files and the Adobe PDF are as follows: Adobe file – Application#_MapName_Map.pdf Example – 1005456_Geology_Map.pdf

CAD file – Application#_MapName_Map.dwg Example – 1005456_Geology_Map.dwg

The descriptions provided for each file, in sections 21.2 and 21.5 respectively, should correspond identically to the file name.

GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

Page 3 of 11

  1. 7

MAP LEGEND

The appropriate map legend (DMLR-PT-017) should be provided in sections 21.2, 21.4, and 21.5 of the electronic permit application. For applications that require at least one of the following maps, the Map Legend is required to be contained in the drawing file (section 21.5) and on the .pdf file (section 21.2), as well as a separate attachment in section 21.4:

Application

Deletion Anniversary

Relinquishment Completion

Renewal Correction

Revision

  1. 8

TOPOGRAPHIC BASE MAP

DMME has assembled an AutoCAD dwg file, which contains all USGS 7.5’ topographic quadrangles for the Southwest Virginia coalfield region. Applicants should use the topographic base drawing file as base map material for all required electronic permit application map submittals. The file (DMLR_USGS_BASE.dwg) and its corresponding layer descriptions (DMLR_USGS_BASE_LAYER_STANDARDS.html) are available on the DMLR FTP site (ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/).

  1. 9

POLYGON TOPOLOGY

If you are using the AutoDesk product AutoCAD Map, DMLR prefers polygon topologies be generated for the following features: Permit Boundaries, Hollow fills, and PMU’s.

The topology creation is only required for the features contained in DMLR_GIS_Extraction_Map.dwg. Additional requirements for the file will be addressed in Section 2.

  1. 10 ELECTRONIC SIGNATURES Guidance Memorandum No.21-07 should be referenced for the use of electronic signatures and seals on documents, digital maps, plans, and drawings.

Section 2 – CAD TEMPLATES AND LAYERING STANDARDS

The intent of the CAD layering standard is to promote consistency between CAD drawings, and maximize the reusability of drawing data. All CAD drawings submitted to DMME should adhere to the following CAD layering guidelines and standards.

Each of the CAD Templates, except for the DMLR_GIS_Extraction_Map.dwt, has three layer group filters defined: a layer group for Basemap_Topography, a layer group for Company_Specific_Layers, and a layer group for the specific map the applicant is developing for the electronic permit application submittal.

GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

Page 4 of 11

  1. 1

ANNIVERSARY MAP

Template File Name: DMLR_Anniversary_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Anniversary_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Anniversary_Map.dwg

Layer Standards Documentation: DMLR_Anniversary_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 2

APPLICATION MAP

Template File Name: DMLR_Application_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Application_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Application_Map.dwg

Layer Standards Documentation: DMLR_Application_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 3

BLASTING MAP

Template File Name: DMLR_Blasting_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Blasting_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Blasting_Map.dwg

Layer Standards Documentation: DMLR_Blasting_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 4

COMPLETION MAP

Template File Name: DMLR_Completion_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Completion_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Completion_Map.dwg GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

Page 5 of 11

Layer Standards Documentation: DMLR_Completion_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 5

CORRECTION MAP

Template File Name: DMLR_Correction_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Correction_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Correction_Map.dwg

Layer Standards Documentation: DMLR_Correction_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 6

DELETION MAP

Template File Name: DMLR_Deletion_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Deletion_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Deletion_Map.dwg

Layer Standards Documentation: DMLR_Deletion_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 7

GEOLOGY MAP

Template File Name: DMLR_Geology_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Geology_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Geology_Map.dwg

Layer Standards Documentation: DMLR_Geology_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 8

GEOLOGIC CROSS SECTION MAP

Template File Name: DMLR_GeologicXsec_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

Page 6 of 11

Electronic Permit Adobe File Name (section 21.2): Application#_GeologicXsec_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_GeologicXsec_Map.dwg

Layer Standards Documentation: DMLR_GeologicXsec_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 9

GIS EXTRACTION MAP

Template File Name: DMLR_GIS_Extraction_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_GIS_Extraction_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_GIS_Extraction_Map.dwg

Layer Standards Documentation: DMLR_GIS_Extraction_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 10

HAULROAD MAP

Template File Name: DMLR_Haulroad_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Haulroad_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Haulroad_Map.dwg

Layer Standards Documentation: DMLR_Haulroad_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 11

HOLLOW FILL MAP

Template File Name: DMLR_Hollow_Fill_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Hollow_Fill_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Hollow_Fill_Map.dwg

Layer Standards Documentation: DMLR_Hollow_Fill_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

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  1. 12

INCREMENTAL BONDING MAP

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Electronic Permit Adobe File Name (section 21.2): Application#_Incremental_Bond _Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Incremental_Bond_Map.dwg

Layer Standards Documentation: DMLR_Incremental_Bond_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 13

LAND USE MAP

Template File Name: DMLR_Land_Use_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Land_Use_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Land_Use_Map.dwg

Layer Standards Documentation: DMLR_Land_Use_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 14

MITIGATION MAP

Template File Name: DMLR_Mitigation_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Mitigation_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Mitigation_Map.dwg

Layer Standards Documentation: DMLR_Mitigation_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 15

OPERATIONS MAP

Template File Name: DMLR_Operations_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Operations_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Operations_Map.dwg GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

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Layer Standards Documentation: DMLR_Operations_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 16

PHASE I BOND RELEASE MAP

Template File Name: DMLR_Phase_I_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Phase_I_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Phase_I_Map.dwg

Layer Standards Documentation: DMLR_Phase_I_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 17

PHASE II BOND RELEASE MAP

Template File Name: DMLR_Phase_II_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Phase_II_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Phase_II_Map.dwg

Layer Standards Documentation: DMLR_Phase_II_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 18

PMLU MAP

Template File Name: DMLR_PMLU_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_PMLU_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_PMLU_Map.dwg

Layer Standards Documentation: DMLR_PMLU_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 19

PONDS MAP

Template File Name: DMLR_Ponds_Map.dwt GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

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Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Ponds_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Ponds_Map.dwg

Layer Standards Documentation: DMLR_Ponds_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 20

PRIOR DISTURBANCE MAP

Template File Name: DMLR_Prior_Disturbance_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Prior_Disturb_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Prior_Disturb_Map.dwg

Layer Standards Documentation: DMLR_Prior_Disturb_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 21

RELINQUISHMENT MAP

Template File Name: DMLR_Relinquishment_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Relinquishment_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Relinquishment_Map.dwg

Layer Standards Documentation: DMLR_Relinquishment_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 22

RENEWAL MAP

Template File Name: DMLR_Renewal.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Renewal_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Renewal_Map.dwg

Layer Standards Documentation: DMLR_Renewal_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

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  1. 23

SOILS MAP

Template File Name: DMLR_Soils_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Soils_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Soils_Map.dwg

Layer Standards Documentation: DMLR_Soils_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 24

SURFACE WATER HYDROLOGY MAP

Template File Name: DMLR_SWH_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_SWH_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_SWH_Map.dwg

Layer Standards Documentation: DMLR_SWH_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 25

TMDL MAP

Template File Name: DMLR_TMDL_Map.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_TMDL_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_TMDL_Map.dwg

Layer Standards Documentation: DMLR_TMDL_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 26

TYPICAL CROSS SECTION MAP

Template File Name: DMLR_Typical_Xsection.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Typical_Xsection_Map.pdf GUIDANCE MEMORANDUM1 No. 27-09 Issue Date: October 1, 2009

Subject: Electronic Permitting – Digital Mapping Guidelines

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Electronic Permit CAD File Name (section 21.5): Application#_Typical_Xsection_Map.dwg

Layer Standards Documentation: DMLR_Typical_Xsection_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

  1. 27

VALID EXISTING RIGHTS MAP

Template File Name: DMLR_Valid_ExistingRights.dwt Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/CAD_Templates/

Electronic Permit Adobe File Name (section 21.2): Application#_Valid_ExistRights_Map.pdf Electronic Permit CAD File Name (section 21.5): Application#_Valid_ExistRights_Map.dwg

Layer Standards Documentation: DMLR_Valid_ExistingRights_Map.html Download Location: ftp://mail.dmme.virginia.gov/DMLR/downloads/EP/cad_standards/Layer_Description/

Noise Exposure Standards in Mineral MiningDoc ID: DMM-M-10-00

Original: 1,245 words
Condensed: 1,133 words
Reduction: 9.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATIONS MEMORANDUM 10-00 September 13, 2000

REFERENCE: 4 VAC 25-40-770 Employee Exposure to Noise Limits

"Except for surface mines, which are inspected by Federal Mine Safety and Health Administration (MSHA), employee exposure to noise shall not exceed the federal limit adopted for mineral mines. If exposure exceeds the federal limit, the director may require the mine operator to employ feasible engineering and administrative control measure.

Operators shall provide hearing protection upon request."

The following definitions are found in the Safety and Health Regulations for Mineral Mining, in Section 4 VAC 25-40-10:

"Acceptable" means tested and found to be appropriate for a specific purpose by a nationally recognized agency.

"Suitable" means that which fits and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

The following definitions are from the federal MSHA Rules and are found in 30 CFR 62.101:

Dual Hearing Protection Level—A TWA8 of 105 dBA, or equivalently, a dose of 800% of that permitted by the standard, integrating all sound levels from 90 dBA to at least 140 dBA.

Exchange Rate—The amount of increase in sound level, in decibels, which would require halving of the allowable exposure time to maintain the same noise dose. For the purposes of this part, the exchange rate is 5 decibels (5 dB).

Permissible Exposure Level—A TWA8 of 90 dBA or equivalently a dose of 100% of that permitted by the standard, integrating all sound levels from 90 dBA to at least 140 dBA.

Sound Level—The sound pressure level in decibels measured using the A-weighting network and a slow response, expressed in the unit dBA.

Time-Weighted Average-8 hour (TWA8)—The sound level which, if constant over 8 hours, would result in the same noise dose as is measured.

The following portions of the federal MSHA rules (30 CFR 62.130, .140, and .160) as paraphrased here will be applied through the Division of Mineral Mining's (DMM) enforcement activities on mineral mines not inspected by MSHA: (a) The mine operator must assure that no miner is exposed during any work shift noise that exceeds the permissible exposure level. If during any work shift a miner's noise exposure exceeds the permissible exposure level, the mine operator must use all feasible engineering and administrative controls to reduce the miner's noise exposure to the permissible exposure level. When a mine operator uses administrative controls to reduce a miner's exposure, the mine operator must post the procedures for such controls in a prominent place convenient to those affected and provide a copy to the affected miners. (b) If a miner's noise exposure continues to exceed the permissible exposure level despite the use of all feasible engineering and administrative controls, the mine operator must continue to use the engineering and administrative controls to reduce the miner's noise exposure to as low a level as is feasible. (c) The mine operator must assure that no miner is exposed at any time to sound levels exceeding 115 dBA, as determined without adjustment for the use of any hearing protector. (d) If during any work shirt a miner's noise exposure exceeds the "dual hearing protection level", the mine operator must, in addition to the actions required for noise exposures that exceed the permissible exposure level, provide and ensure the concurrent use of both an ear plug and an ear muff type hearing protector. (e) A mine operator must ensure that the hearing protector is in good condition and is fitted and maintained in accordance with the manufacturer's instructions, and provide the hearing protector and necessary replacements at no cost to the miner. The mine operator must ensure all miners wear a hearing protector whenever the miner's noise exposure exceeds the permissible exposure level before the implementation of engineering and administrative controls are put in place. If the miner's noise exposure continues to exceed the permissible exposure level despite the use of all feasible engineering and administrative controls, the operator must continue to ensure that miners wear hearing protection in addition to the engineering and administrative controls employed.

INQUIRY: On September 13, 2000, MSHA's new standard on Occupational Noise Exposure (Part 62) went into effect. The following details how DMM will apply Virginia regulation 4 VAC 25-40-770 as it relates to the federal noise limit on non-MSHA inspected mineral mines, and clarifies state requirements for all licensed mineral mines.

REVIEW: Virginia regulation 4 VAC 25-40-770 requires all mineral mines to observe the federal noise exposure limit for miners. The Part 62 standard includes several thresholds for occupational noise exposure:

  • Permissible Exposure Level—The permissible exposure level is based on 100% dose (90 dBA for 8 hrs.) and can be adjusted for duration of exposure utilizing Table 62-1 as enclosed. (example: @100 dBA exposure can be no longer than 2 hours)
  • Both state and federal regulations require implementation of feasible engineering and administrative controls for exposures above the Permissible Exposure Level.
  • Part 62 requires posting of administrative procedures and providing copies of this procedure to affected miners. (Consider posting on bulletin board and/or on specific machinery or work areas.)
  • Part 62 establishes 115 dBA as the maximum exposure level for all miners.
  • The DMM Director may approve a variance for the maximum exposure level of 115 dBA after feasible engineering and administrative control measures have been implemented.
  • Part 62 requires dual hearing protection (ear plugs and ear muffs) be provided, and used, whenever employees noise exposure exceeds a TWA8 of 105 dBA.
  • DMM Safety and Health Regulation 4 VAC 25-40-770 requires all operators to provide hearing protection to their employees upon request, regardless of their noise exposure level.

DIVISION DIRECTIVE: DMM has reviewed 30 CFR Part 62 and will apply the following requirements under Safety and Health Regulation 4 VAC 25-40-770:

  • Non-MSHA inspected mines must comply with the following noise exposure levels, and associated remedies: -When employee exposure exceeds the permissible exposure level (PEL), operators must use all feasible engineering and administrative controls to reduce the exposure to acceptable levels. If administrative controls are utilized to reduce exposure, they must be in writing, posted in a prominent place convenient to miners, and a copy given to each affected miner. -At no time shall employees be exposed to noise levels exceeding 115 dBA.

However, if it is not feasible to reduce the exposure to a level below 115 dBA, an operator may petition the DMM Director for a variance, detailing the actions taken to reduce noise exposures to as low a level as feasible. -Miners exposed to levels exceeding the dual hearing level (105 dBA) must be provided with acceptable and suitable earplugs and earmuffs. The two hearing protective devices must be worn simultaneously. -All Operators, on both MSHA inspected and Non-MSHA inspected operations, must provide suitable and acceptable hearing protection to any miner upon request regardless of the noise exposure level.

Appendix

Table 62-1—Reference Duration

DBA T (hours) 80...................... 32.0 85...................... 16.0 86...................... 13.9 87...................... 12.1 88 10.6 89......................

  1. 2 90......................
  2. 0 91......................
  3. 0 92......................
  4. 1 93......................
  5. 3 94......................
  6. 6 95......................
  7. 0 96......................
  8. 5 97......................
  9. 0 98......................
  10. 6 99......................
  11. 3 100....................
  12. 0 101....................
  13. 7 102....................
  14. 5 103....................
  15. 3 104....................
  16. 1 105....................
  17. 0 106....................
  18. 87 107....................
  19. 76 108....................
  20. 66 109....................
  21. 57 110....................
  22. 50 111....................
  23. 44 112....................
  24. 38 113....................
  25. 33 114....................
  26. 29 115....................
  27. 25

At no time shall any excursion exceed 115 dBA. For any value, the reference duration (T) in hours is computed by: T = 8/2(L-90)5 where L is the measured A-weighted, slow-response sound pressure level.

Inspections of “RZ” Mining SitesDoc ID: DMLR-P-2312

Original: 392 words
Condensed: 334 words
Reduction: 14.8%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.12

PROCEDURES MANUAL ISSUE DATE August 2, 2005 SUBJECT Inspections of DM designated “RZ” sites Section Enforcement Last Revised OBJECTIVE AND INTENT: To provide guidance to DMLR Field Inspectors and Supervisors in inspecting sites designated as “RZ” (mining operations with no activity and no foreseen activity) by the Division of Mines (DM). These sites will have a valid DM mine index number and may require more than one inspection per year.

PROCEDURES: The DM Inspector will make the determination to designate an underground or surface mining operation as “RZ”. Once that is done, he will notify the DM Office Services Specialist who will send an e-mail message to the DMLR Enforcement Office Service Specialist. The message will state the –

  • name of the DM inspector,
  • mine index number,
  • DMLR permit number,
  • and the number of inspections required each year for the site.

The DMLR Enforcement Office Services Specialist will contact the appropriate DMLR Supervisor and Inspector.

The DMLR Inspector shall conduct the required DMLR inspection and note on the inspection report the status of the mine. The DMLR Inspector will code the inspection type as “RZ”. The inspector will document site conditions in the “General Comments” section of the inspection narrative. Once the inspection report has been completed, the inspector shall make a TIF image of the report and e-mail it to the DM inspector (previously assigned to the site) for data entry into the DM system.

If activity resumes at the site that would require a DM inspection of equipment, electrical installations, record keeping, worker certification, etc., the DMLR inspector shall immediately notify by e-mail the DMLR Enforcement Office Services Specialist and the DM Office Services Specialist of the activity change. This will re-initiate the required DM safety inspections and the DM inspector will assume inspection responsibility for the site.

When activity has resumed at the site, the DM “RZ” inspection code will be removed from the DMLR inspectable unit quarterly report.

Suggested wording in DMLR Report with no DM activity: “ABC Coal Co. DM #________ has a current DM license in force, however, there are no activities that warrant DM inspection. DMLR will continue to monitor the mine site during this period of inactivity. The appropriate DM Inspector will be notified of any reactivation that will warrant a resumption of DM inspection.” 1

Coordination of Mining and Forestry Water RegulationsDoc ID: DMLR-MOU-10-02

Original: 616 words
Condensed: 523 words
Reduction: 15.1%

Guidance Document Between Virginia Department of Mines, Minerals and Energy (DMME) Division of Mined Land Reclamation (DMLR) And The Department of Forestry (DOF) Effective - October 1, 2002

Issue Statement: In an effort to improve the enforcement of the Silvicultural Water Quality Law and to coordinate the enforcement of this law on lands permitted for mining by Virginia Department of Mines, Minerals and Energy (DMME/DMLR) both parties recognize that close communication and coordination is needed to ensure proper enforcement without duplication by either agency in the enforcement of their respective areas of responsibilities.

The current Silvicultural Water Quality Law requires the Owner or Operator to notify the Department of Forestry within three days before or after a commercial timber operation has begun and there appears to be confusion here with regard to areas permitted for mining by

DMME.

This document sets out responsibilities of the DMLR and DOF in dealing with timber harvesting operations on lands that have either a pending or existing DMLR permit.

If a new permit application or a revision to an existing permit that adds additional acreage to an existing permit is submitted to DMLR, DMLR will:

  • Promptly notify DOF of the application by providing the Abingdon DOF office with the identification, location, and maps of the proposed operation;
  • Provide DOF with the name of the DMLR inspector and supervisor who will be assigned the operation; and
  • Invite the DOF inspector to attend the first application conference to review and provide input regarding the proposed operation’s forest management plan and best management practices relative to water quality.

After a new permit (or revision to add acreage to an existing permit) has been approved:

  • DMLR will have the responsibility for inspecting the area of timber harvesting that is being done to facilitate the mining1 operations within the approved permit boundary,
  • DMLR will notify DOF if timber harvesting is being conducted within the permit boundary but is outside the area(s) being used to facilitate mining. If necessary, the DMLR and the DOF inspectors will conduct a joint site visit to determine jurisdictional responsibility.

If a timber harvesting operation is to be conducted on a DMLR permitted area, DMLR will regulate the operation as a mining operation unless it is outside the area being used to facilitate mining within the permit and DOF has been provided a notice of the proposed timber harvesting operation as required by Virginia’s Silvicultural Water Quality Law. If the timber harvesting is taking place outside an area being used to Guidance Document between DMME/DMLR and DOF Issue Date: October 1, 2002

Subject: Timber Harvesting on Lands with Pending or Existing CSMO Permit Page 2 of 2

facilitate mining, DMLR will notify the DOF of the timber harvesting operations. It is DMLR’s intent to require the operator to notify DOF concerning timber harvesting when such harvesting is determined to be not part of the actual mining operation.

If a DOF inspector observes a timber harvesting operation and believes it may be associated with a coal mining operation:

  • DOF will notify DMLR Enforcement Section at (276) 523-8195 or (276) 523-8199 and provide the location of the operation,
  • DOF may request from DMLR a consultation to determine if a coal surface mine permit has been issued on an area and determine if the timber harvesting is occurring in order to facilitate mining, and
  • If it is determined that no DMLR permit has been issued for an area and no activities associated with mining are taking place upon the site where timber is being removed, DOF will exercise it’s authority at the site.

1 Activities to facilitate mining include but are not limited to clearing and grubbing in preparation for pond and/or fill construction.

Miner Certification Procedures and RequirementsDoc ID: DM-P-10901

Original: 1,585 words
Condensed: 1,256 words
Reduction: 20.8%

DIVISION OF MINES

CHAPTER: IX Certification

PROCEDURES MANUAL

PROCEDURE NO: 1.09.01

ISSUE DATE: January 1, 1997 SUBJECT: Certification Of Miners

LAST REVISED: 08/08

OBJECTIVE AND INTENT

To provide guidance to DM personnel to enable consistent and accurate communication regarding the certification process.

GENERAL

1. REGULATORY REQUIREMENTS

 Virginia’s Mine Safety Act requires persons working in and around a mine site be certified for certain jobs they perform in the coal mining industry. Refer to Board of Coal Mining Examiners Requirements for a complete listing of required certifications and experience/education needed to obtain certification.

2. PROCESSING OF APPLICATIONS FOR CERTIFICATIONS

 An applicant must submit the following:

a. $40.00 fee (check or money order suggested if mailed) payable to the Treasurer of Virginia. (See “Notice To All Applicants For Certification Examination” regarding non-refundable fee. Notice is attached to this procedure.) b. Complete a DM-BCME-1 form, Application for Certification Examination c. Notarized work experience form, DM-BCME-2 d. Verification of first aid (5000-23, EMT or First Responder card)

 Applications may be submitted to the Division of Mines Big Stone Gap or Keen Mountain office. The application and $40.00 fee must be received at least five working days prior to the specified examination day. Work experience and verification of first aid must be received prior to certification.

3. GRADE REQUIREMENTS

 First Class Mine Foreman, Surface Foreman, Surface Blaster, and Underground Shot Firer must pass an examination with 85% on each section. All others are required to pass at 80% on each section.

Rv. 08/08

1-5

4. EXAMINATIONS

 The Regulatory Boards Administrator will present a brief overview of the following prior to each examination: a. Instructions regarding examination such as proper use of answer sheet, completion of map, electrical drawings, etc. b. Monitoring of examination c. Retake procedure d. Recertification requirements e. Reciprocity, if applicable f. Grading process g. Issuance

 An examination can be taken no more than three times in a one-year period.

 If all or part of an examination is failed, the applicant must wait at least ten working days to retake.

 If a section is failed the second time, the applicant must wait at least 10 working days and must retake entire exam.

 If on the third take the applicant fails any section of the exam, the applicant must wait the greater of one year from the date of the first examination, before retaking the examination.

 If more than a year lapses before the retake of a section(s), the entire application and examination procedure must be completed.

 No oral examinations are administered.

 Examinations begin at 8:00 a.m. and must be completed by 4:00 p.m. Exams are held once a month rotating locations: one at Keen Mountain Office and one at the Big Stone Gap Office. The examination roster is limited to 20 clients and only 5 of the 20 scheduled may be First Class Mine Foreman examinations due to the space necessary to work on the maps that are a part of the examination. Electrical examinations that require the practical sections must be limited to four per examination date due to time required to administer the practical section of the examination. This does not prevent special examinations where provisions are made for larger numbers of clients, such as when an electrical or mine foreman class is examined.

 If gas detection is required for certification, the gas examination will be administered the day of the examination.

Rv. 08/08

2-5

5. CERTIFICATION UPDATE

 The Certification Update Committee consisting of five members from various sections of DM and chaired by the Regulatory Boards Administrator will function to ensure a quality certification program for coal industry personnel by developing study guides and examinations based on the study guides, state, and federal laws.

 The committee determines projects based on the need of the coal industry, recommendations from the Board, or changes necessitated by law or regulation.

 Reference materials are obtained from various sources such as state and federal laws, regulations, and the MSHA academy.

 The initial development of the examination establishes a data bank that will enable generation of a different examination for each individual examined.

PROCEDURE

1. GENERAL COAL MINER

 Every person working in a coal mine in Virginia shall hold a general coal miner certificate issued by the Board of Coal Mining Examiners. Any person who has been employed to work in a coal mine in Virginia prior to January 1, 1996, shall submit a complete application for certification as a general coal miner by September 30,2007. The Board of Coal Mining Examiners shall issue a general coal miner certification upon submittal of a complete application.

 Each applicant for a general coal miner certificate who has not been employed to work in a Virginia coal mine prior to January 1, 1996, shall prove to the Board that he has knowledge of first aid practices and has a general working knowledge of the provisions of this Act and applicable regulations, pertaining to coal mining health and safety. Each applicant shall have completed the new miner training requirements of 30 CFR Part 48 or submit proof of at least one year of experience in a coal mine prior to issuance of the General Coal Miner certification.

 Coal operators and independent contractors working at a Virginia coal mine are responsible under the Mine Safety Act to assure that all of their employees commencing work, possess a certificate issued by the Board. This requirement applies to any new inexperienced person entering the work force, and to anyone moving to Virginia’s coal mining industry from another state.

 Independent contractor employees who are directly involved in the actual coal mining process are required to meet the general coal miner certification requirement. Being directly involved in the mining process is interpreted to mean performing activities in extracting, hauling and preparing coal mined.

3-5  Following completion of requirements for certification, a certification card will be issued for General Coal Miner. Certification cards will be produced for General Miner Surface, and General Miner Underground. Requirements for certification: a. $20.00 fee b. Application c. Verification of Training form DM-BCME-3 d. Verification of First Aid – MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable (If not done as training verified on Form DM-BCME-3) e. Gas detection for underground

2. RECIPROCITY

 Currently, DM recognizes reciprocity for Surface Blasting, MET* (Mine Emergency Technician), First Class Mine Foreman, Surface Foreman and Electrical Repairman** Certifications from Kentucky; Surface Blasters, MET* (Mine Emergency Technician), First Class Mine Foreman, Surface Foreman, First Class Shaft and Slope Foreman and Electrical Certifications from West Virginia.

Note: Reciprocity may be used only one time to achieve certification.

  • MET (Mine Emergency Technician) Certification, current at time of class. A person certified as a Mine Emergency Technician in Kentucky or West Virginia can meet the Virginia Advanced First Aid program certification by: a. providing a letter of Good Standing from Reciprocating state b. providing a copy of current MET card and, c. attending an eight hour Advanced First Aid Reciprocity Class.
  • Anyone holding a current Electrical Repairman Certification from Kentucky or West Virginia may meet reciprocity requirements if the certified person: a. submits a copy of KY or WV electrical card, b. submits a copy of MSHA electrical card, c. submits a copy of electrical retraining, d. completes and submits a DM-BCME 2, Verification of Work Experience (verifying one year of electrical experience), and, e. submits a letter of good standing from reciprocating state f. NOTE: Individuals receiving electrical certification through this process are NOT eligible for reciprocity from VA to WV or KY under the Reciprocity Agreement between the states.

 To receive certification by reciprocity: a. Submit application, DM-BCME-1 b. Submit DMLR endorsement application, DMLR-BCME-4 (Surface Blaster only) c. $40.00 fee Rv.08/08

4-5 d. Verification of certification (card or documentation from state agency where certification is held.) e. Verification of First Aid (5000-23, EMT, First Responder) f. Electrical reciprocity must provide verification of current electrical retraining. g. Surface Foreman must submit to and pass with a minimum score of 85%, the components of the Virginia mine foreman examination related to Virginia mining laws, rules and regulations, Mined Land Reclamation and the Practical exercises.

h. First Class Mine Foreman must submit to and pass with a minimum score of 85%, the components of the Virginia mine foreman examination related to Virginia mining laws, rules and regulations and the Practical exercises.

3. REPLACEMENT CARDS

 Replacement cards for valid certifications may be obtained by payment of $10.00 for each card at the Keen Mountain or Big Stone Gap offices. The name as it appears on the card, the certification number and if possible, a copy of the old card should be presented. This correct return mailing address and telephone number should be included when requesting by mail.

4. STUDY MATERIALS

 Study guides/materials are available through either the Keen Mountain or Big Stone Gap offices. As prices are subject to change, cost should be verified prior to ordering. a. Diesel Engine Mechanic $9.00 b. Electrical Study Guide $20.00 c. First Aid For Miners $9.00 d. First Class Mine Foreman $30.00 e. Hoisting Engineer $6.00 f. Shot Firer $5.00 g. Surface Blaster $14.00 h. Surface Facilities Foreman $7.00 i. Surface Foreman $12.00 j. Top Person $5.00 k. Prep Plant Foreman/Dock Foreman Study Guide $8.00

Available At No Charge a. Coal Mine Safety Laws of Virginia b. DMLR endorsement for blasting c. Mine Gases Handbook d. DM Regulations Rv. 08/08

5-5

Annual Mine Reporting RequirementsDoc ID: DM-G-16162

Original: 210 words
Condensed: 210 words
Reduction: 0.0%

DVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 5 LICENSING OF MINES Issue Date: 5/02/03 Revised Date: 4/15/04 Page 1 Section 45.1-161.62 A. &C.

Annual reports

The mine operator shall annually, by February 15th, mail or deliver to the Department reports for the previous twelve months, ending December 31st:

  • Quantity of coal mined: 45.1-161.62.A. (ii)
  • An affidavit certified by the Commissioner of Revenue of the locality stating that all coal severance taxes have been paid: 45.1-161.62.C. (i)
  • An affidavit certified by the Treasurer of the locality stating that all personal property, real estate and mineral land taxes have been paid: 45.1-161.62.C. (ii)

Upon notification by DM that the reports have not been received by February 15th, the inspectors shall take the appropriate action. Failure to submit required reports, identified above, can result in the issuance of up to three violations. DM will pursue the submittal of the required information by follow-up visits to the mine sites and issuance of notices of violation with corrections due in five days. If the mine operator fails to submit the reports by the allotted due dates, a closure order may be issued for failure to abate the violation under the Mine Safety Act 45.1-161.91.A. (iv).

Exemption Procedures for Incidental Coal ExtractionDoc ID: DMM-P-49

Original: 450 words
Condensed: 351 words
Reduction: 22.0%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.9.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Exemption for Extraction of Coal Section Permitting Incidental to Extraction of other Minerals Last Revised

OBJECTIVE AND INTENT:

To establish procedures for determining operations which are exempt from Chapter 19 laws and regulations because of the extraction of coal is incidental to the extraction of other minerals and does not exceed 16 2/3 percent of other minerals mined. This determination will be made based on the information contained in the Application for Exemption - Extraction of Coal Incidental to the Extraction of Other Minerals

(DMLR-CP-211).

PROCEDURES:

  1. The DMM Mine Inspector will conduct a pre-inspection of the site.
  1. If coal will be encountered, the Mine Inspector will provide the prospective operator with an application for exemption.
  1. The application for exemption is completed by the prospective operator and submitted as a part of the DMM permit application. The DMM Mine Inspector will provide the prospective operator with the DMLR Mine Inspectors name and telephone number so the DMLR Inspector may provide assistance in completing the Application for Exemption.
  1. The DMM permit application is submitted to the DMM office.
  1. The Application for Exemption will be forwarded to the Division of Mined Land Reclamation in Big Stone Gap by the Environmental Engineer Consultant within 2 days after receipt in the DMM office.
  1. The Application for Exemption is evaluated by DMLR and handled in accordance with their policy.
  1. A letter either granting or denying the exemption will be sent to the prospective operator by the DMLR Director. DMM will receive a copy of the approval or denied letter.
  1. If the exemption is denied, the prospective operator will be advised by DMLR that no coal extraction can occur without having first obtained a Chapter 19 permit.
  1. If the exemption is approved, the operator will be advised of such and of the conditions of the exemption (i.e., coal must not exceed 16-2/3 percent of other minerals mined; coal extraction must be incidental to other minerals extracted and detailed records of tonnage must be maintained on site).

10. The Permit Application or Amendment containing the Application for Exemption will be reviewed and approved in accordance with DMM Procedure 4.6.00 or 4.13.00.

11. DMM Mine Inspector and DMLR Inspector will periodically check tonnage records maintained on site to ensure the operator does not exceed the 16-2/3 percent ratio of coal to other minerals.

12. If 16-2/3 percent is exceeded, the DMM Mine Inspector will coordinate with the DMLR Inspector and the operator will be issued a Notice of Violation to cease mining and obtain a Chapter 19 permit issued by the Division of Mined Land Reclamation. The DMLR Inspector will issue the Notice of Violation.

  1. 9-1

Mine License Requirements for Independent ContractorsDoc ID: DMM-M-02-99

Original: 1,139 words
Condensed: 1,031 words
Reduction: 9.5%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATION MEMORANDUM NO. 02-99 July 16, 1999

REFERENCE: Mineral Mine Safety Laws of Virginia 1998 Edition—Section 45.1-161.292:2. Definitions.

"Independent contractor" means any person that contracts to perform services or construction at a mine.

Mineral Mine Safety Laws of Virginia 1998 Edition—Section 45.1-161.292:32.A.3.

Application for license.

No application for a mine license or a renewal shall be complete unless it contains information about each independent contractor working at the mine: (i) the independent contractor's trade name, business address and business telephone number; (ii) a description of the nature of the work to be performed by the independent contractor and where at the mine the work is to be performed; (iii) the independent contractor's MSHA identification number, if any; (iv) the independent contractor's address of record for service of citations and other documents; (v) the names and addresses of persons with overall responsibility for operating decisions; and (vi) the names and addresses of persons with overall responsibility for the health and safety of employees;

Mineral Mine Safety Laws of Virginia 1998 Edition—Section 45.1-161.292:32.C.

Application for license.

Within thirty days after the occurrence of any change in the information required by subsection A, the licensed operator shall notify the Department, in writing, of such change.

INQUIRY: Mineral mine operators have asked questions regarding which contractors must be reported as part of the mine license application, what information must be reported, who must report contractor information and when the information must be reported.

REVIEW: The law requires that information on all independent contractors be reported.

An independent contractor is any person that contracts to perform services or construction at a mine.

A wide variety of vendors provide totally mine related services, while others provide general services not specific to mining.

The law is very specific with regard to the information that must be reported. Only the information specified in the law is requested by DMM.

A mine license application or renewal is incomplete and cannot be issued unless all contractor information is provided.

An application for a mine license shall be submitted by the person who will be the licensed operator of the mine. Contractor information is an integral part of the mine license application or license renewal application. Changes in the license information, as specified in Section 45.1-161.292.32.A, must be reported to DMM in writing by the licensed operator within 30 days of the change.

Contractor information is included in 45.161.292.32.A.

DIVISION DIRECTIVE: All contractors that are involved in mining, processing, plant construction, equipment fabrication, equipment repair, grounds management, land clearing for mine related purposes, facilities repair or maintenance, explosives use and delivery, etc. must have contractor information reported to the Division of Mineral Mining. Examples of non-reportable contractors would be those associated with non-mine related activities such as mail or parcel carriers, drink or snack vendors, rental uniform services, persons performing cleaning or routine maintenance of the mine office, portable toilet services, fuel and lubricant delivery services unless they dispense directly into the equipment or into tanks that are exposed to mine hazards and grounds management workers unless they are working in areas that are exposed to mine hazards.

The law at Section 45.1-161.292.A.3 clearly specifies the information that must be reported for each contractor.

The licensed mineral mine operator must provide the information to DMM. It is not the contractor's responsibility to provide the information to DMM. The contractor information is part of the license application and renewal requirements and must be submitted by the "person who will be the licensed operator of the mine". DMM has developed a form to assist operators in providing contractor information. A copy of the optional Contractor Identification Form is attached for your use. You may copy the form as needed.

Some contractors enter and work on the mine on an ongoing routine or intermittent schedule throughout the year. Those contractors must be reported in the license application or license renewal. If they are reported with the license application or renewal, you will not need to notify DMM each time they come to work on the mine site or leave the mine site. If the licensed operator terminates his relationship with a service contractor that has been reported to DMM, he must notify DMM within 30 days.

When renewing the mine license, the licensed operator must provide a list of contractors and all of the specified contractor information as part of the renewal application. Contractors that were associated with a mine in the previous year but are not listed on the license renewal will be removed by DMM from active association with the mine. In this manner, DMM will be able to maintain a current list of contractors associated with a specific mine. These active contractors will, from tie to time, receive mailings and safety information from DMM.

Contractors that are not pre-scheduled, not normally expected to work on the mine site during the year and are not reported on the mien license or license renewal application must be reported to DMM within 30 days after they begin work on the mine site. If the contractor completes his work on the mine in less than 30 days, both the starting and ending date can be shown on the "Date contractor began work on the mine" line of the Contractor Identification Form.

If the contractor works on the mine for more than 30 days, the contractor information must be provided within 30 days after they begin work at the mine. When the contractor completes his work at the mine and is no longer associated with the mine, the licensed operator must notify DMM, within 30 days, that the contractor is no longer associated with the mine.

ATTACH-MENT: DMM-166, Contractor Identification Form CONTRACTOR IDENTIFICATION FORM

Section 45.1-161.292.32 of the Mineral Mine Safety Laws of Virginia requires that the applicant for a mine license include information about contractors working at the mine and keep the information current by reporting any change within 30 days. This sheet may be attached to the License Renewal Application in response to Question 4.

Licensed Operator Information

COMPANY PERMIT #

Location at mine where work is to be done Date contractor began work on the mine

Date contractor information was provided to the Division of Mineral Mining in writing

Person who provided the information

SIGNATURE OF LICENSED MINE OPERATOR DATE

Contractor Information

Contractor’s Trade Name Business Address Business Telephone Number DMM Contractor # Contractor’s MSHA Identification # (Note: Not all contractors are required to have a DMM Contractor ID or MSHA ID number.

This information should be provided if applicable.)

Address of Record for Service of Citations and Other Documents

List services to be provided to the mining company:

Contractor person with responsibility for operating decisions: Name Address

Contractor person responsible for health and safety of employees: Name Address

DMM-166 Rev. 10/31/02

Guidelines for Mine Work Area ExaminationsDoc ID: DM-G-161256

Original: 663 words
Condensed: 623 words
Reduction: 6.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.4

ARTICLE 2

WORK AREA EXAMINATIONS, RECORDKEEPING, AND REPORTING Issue Date: 4/10/00 Revised Date: Page 1 of 2 Section 45.1-161.256., 257.

Safety Examinations

Records of Examinations

Examinations are required for work areas, mobile equipment, mine refuse piles, and electrical equipment at all active surface mines and surface areas of underground coal mines where miners are assigned to work. Records which document these examinations must be provided and maintained at the mine site available for inspections.

On-shift Examinations of Work Areas

On-shift examinations must be performed by a certified foreman each production shift and more frequently if required by the Chief. Should a mine inspector determine a condition or practice which would warrant more frequent examinations, such as particularly adverse pit high walls or other conditions, this concern should be addressed with the Chief to consider requiring more frequent examinations.

On-shift examinations of work areas are required during surface face-up work for underground mines and through completion of initial reclamation work at a licensed mine. Where scalp rock or other materials are being hauled and deposited from one surface mine location to another, daily examinations of work areas as described in 45.1-161.256 D will meet the examination requirements.

On-shift examinations are required when any or all normal production activities are scheduled and being performed. This would include, but is not limited to, pushing spoil, removing overburden, haulage, loading, blasting, watering of roadways, etc. When only servicing of equipment, repair and maintenance and other typical non-production work is being performed by the operator or a contractor on weekends or at any other time, an on-shift examination is not required by the MSA.

On-shift Examination of Mobile Equipment

All surface mobile equipment must be examined once each production shift. Pre-operational examinations of equipment by operators or other authorized personnel may be accepted as fully meeting this requirement for on-shift examination. Records of the examination of each separate piece of mobile equipment must be maintained sufficient to confirm that a program for examination is in place and being followed. All examinations of surface mobile equipment must include checks for hazardous conditions which would affect safe operation, such as condition of brakes, steering and other mechanical and safety features of the equipment. Coal truck haulage equipment used at licensed mine sites, whether contracted or performed by the operator, must be provided the required on-shift safety examination.

Examination of Electrical Equipment and Wiring

All surface stationary and mobile electrical equipment (transformers, lighting units, associated wiring) must be examined by a certified mine electrician at least monthly.

Also, this requirement applies to the surface areas of underground coal mines.

Record of Examinations

All examinations required by section 45.1-161.256 must be documented in a mine record book maintained for this purpose. Examinations of mobile equipment, fire extinguishers and refuse piles may be performed and recorded by authorized persons. On-shift examinations of work areas, electrical examinations and test for methane must be performed by certified persons. In all cases, the documentation and record of examinations is the responsibility of the operator and his certified agents.

Mobile equipment examination records should be maintained with the equipment. Each piece of equipment should have a record. At least 10 consecutive workdays of examination records should be available to establish that an examination program is in effect. Hazardous conditions detected during mobile equipment examinations must be corrected and reported to the mine foreman. Documentation of the hazardous condition and correction must be made in the mine on-shift record book.

Examinations of fire extinguishers by authorized persons may be documented by recording the date of the examination on a permanent tag attached to the extinguisher.

Inactive Areas

Inactive surface coal mines or inactive surface areas of underground mines must be examined by a certified mine foreman prior to any miner performing work in such an area. A surface mine or surface area is deemed inactive when idle for sixty days or longer.

Citizen Complaint Investigation ProceduresDoc ID: DMLR-P-3106

Original: 2,453 words
Condensed: 2,036 words
Reduction: 17.0%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 07/01/2011 SUBJECT Citizen Complaint Investigation Section Enforcement & CS Last Revised 9-23-05

OBJECTIVE AND INTENT:

To ensure DMLR personnel conduct an expedient, accurate, and thorough investigation of each citizen complaint per the regulatory program.

PROCEDURES:

Citizen complaints and related information concerning coal surface mining operations shall be referred to the Enforcement Secretary.

The Enforcement Secretary shall:

  • notify (by phone or radio message) the appropriate Field Inspector or Supervisor responsible for the geographic area.
  • record the initial information into the DMLR computer system. (The system assigns a sequential control number for the complaint, and generates an intray note to appropriate DMME personnel.)
  • copy and electronically forward any written information (e.g. letters from complainant, government officials, or attorneys; OSM 10 day notices) to the Inspector and appropriate DMME personnel.
  • in the event the complaint is subsequently withdrawn, notify the Inspector, Supervisor, and Reclamation Program Manager - Geology (RPM-G) (if technical assistance was requested) - so the investigation can be halted and file closed.

The Inspector or Supervisor shall initiate an investigation of the complaint as required under Part 4 VAC 25-130-842 of the regulations.

Investigation:

The Inspector shall make every attempt to begin the investigation on the same day the complaint is received. (If the Inspector is unavailable to initiate the investigation, the Field Supervisor shall conduct the initial investigation, or assign it to another inspector.) Investigation of each complaint shall begin within 5 days.

The Inspector should make every attempt to contact the complainant prior to making an onsite inspection. This will allow the Inspector an opportunity to gather preliminary data about the alleged problem.

The Inspector should notify the company of the problem (if the violation is being attributed to an operation under the Division’s jurisdiction), so it may immediately initiate corrective action.

The Inspector shall inform the complainant:

  • of the Division’s jurisdiction in the matter,
  • the extent of potential action it may take, and 1

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PROCEDURE NO.

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PROCEDURES MANUAL

ISSUE DATE 07/01/2011 SUBJECT Citizen Complaint Investigation Section Enforcement & CS Last Revised 9-23-05

  • that the Division’s complaint investigation report (which includes the identity of the complainant) and findings would be open to public inspection under the Virginia Freedom of Information Act.
  • that the Division’s complaint report and any subsequent relevant information could be provided electronically to the complainant, if he/she wished to provide his/her email address.

The Inspector shall provide the complainant with a copy of the “Coal Mine Complaint Procedure Citizen’s Guide”.

The Inspector shall notify the complainant as far in advance as practical as to when an onsite investigation will occur, so the complainant may accompany the Inspector during the inspection (45.1-246.1(H) of the Act and 4 VAC 25-130-842.12 of the regulations).

At the time of the onsite investigation, should the complainant appear to be under the influence of alcohol or drugs, or be in the possession of a firearm, the Inspector shall not allow the complainant to accompany him or her onto the regulated site. If assistance from the State Police or local law enforcement authorities is required, the Inspector should immediately contact the Division office by radio, or the State Police/local law enforcement authorities by phone or STARS.

The Inspector shall inform the complainant that he or she must provide his or her own safety equipment and heed all safety laws and regulations during the inspection. The complainant may ride in the Inspector’s vehicle during the inspection (from the point where the public road meets the entrance of the operation’s mine haulage or access road). The complainant may inspect, along with the Inspector, only the area of the permit subject to the complaint per 4 VAC 25-130-842.12(c) of the regulations.

During the onsite investigation, the complainant must act in a responsible manner. If the person does not act in a responsible manner, the Inspector should immediately halt the inspection and inform the complainant that he or she must leave the site (with the Inspector).

Should the complainant refuse to leave the site, the Inspector shall inform the person:

  • that in order to remain on the site, the complainant must first obtain the operator’s or land owner’s permission; and
  • that the refusal to leave the site could subject the complainant to a trespass action by the landowner, operator, or lease holder.

The Inspector shall:

  • ensure the citizen complaint investigation is conducted in an accurate and impartial manner.
  • take appropriate action (necessary to resolve the complaint) in accordance with the law, regulations, and policies administered by the Division.
  • notify the other regulatory agencies with jurisdiction in the case - should the complaint concern an alleged fish kill, chemical spill or any other situation which poses an actual or 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 07/01/2011 SUBJECT Citizen Complaint Investigation Section Enforcement & CS Last Revised 9-23-05 potential threat to the environment or to the public safety (e.g., the Department of Environmental Quality at Abingdon, the Dept. of Game and Inland Fisheries, Dept. of Emergency Services, etc.).

  • contact the Division of Gas and Oil (DGO), the Division of Mineral mining (DMM), or the Division of Mines (DM) by phone, STARS, or e-mail if the problem is related to a facility or permit regulated by that agency. The respective inspectors will discuss the problem and decide which division has jurisdiction in the matter, if any. If the inspectors determine that the complaint does not pertain to a DGO, DMM, or DM permitted operation, the DMLR inspector will retain jurisdiction and follow-up with the complainant.

Report Preparation and Follow-up:

The Inspector shall fully document all information pertaining to the citizen complaint by:

  • utilizing the Complaint Investigation report (DMLR-ENF-032S or DMLR-AML-147S),
  • utilizing reports from the technical staff,
  • utilizing any available photographs or video which were taken of the alleged problem (by the Inspector, complainant, company representative, or other Division personnel),
  • utilizing any other evidence related to the specific complaint, and
  • If the complainant wished to receive the complaint report electronically, the Inspector should include the appropriate e-mail address in the report.

When the complaint involves blasting, the Inspector shall also:

  • take a digital picture of the blaster’s log and records which relate to the alleged blasting violation, and include into the investigation report.
  • list the name and certification number of the certified blaster who conducted the blast.

The Inspector shall forward the investigation report and findings to the Supervisor electronically within 10 days of receiving the complaint. The Supervisor shall review the material for accuracy, completeness, and neatness prior to forwarding it to the Reclamation Services Manager. If it is impossible to complete the investigation within 10 working days (due to waiting for water sample results, technical assistance, etc.), the Inspector shall prepare a preliminary report which describes the initial investigation findings, and shall submit it to the Supervisor. The Inspector’s final report shall be submitted to the Supervisor as soon as it is completed.

Technical Investigations:

During technical investigations of complaints, the investigator shall keep the complainant and company apprised of the investigation process. If the technical investigator will not be able to meet the time frames that the complainant was given, he or she should personally contact the complainant and inform the person:

  • of the delay,
  • the reason for the delay, 3

DIVISION OF MINED LAND RECLAMATION

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PROCEDURES MANUAL

ISSUE DATE 07/01/2011 SUBJECT Citizen Complaint Investigation Section Enforcement & CS Last Revised 9-23-05

  • the expected completion date of the investigation, and
  • when the complainant could expect to receive a copy of the report.

Citizen contacts should be noted in the investigation file as a note or phone log (also include on the PC based tracking system). The Inspector should also be informed of the delay.

Reports:

Whenever the Inspector prepares an inspection report (DMLR-ENF-044S) addressing the complaint, the complaint control number shall be listed in the appropriate block.

The Inspector shall document the final disposition of the investigation on form DMLR-ENF-032S or DMLR-AML-147S. Form DMLR-ENF-032S would be used for Title V concerns and shall indicate whether the Division had jurisdiction, if any enforcement action was issued or would be issued, or whether the Division had determined that no violation existed. Form DMLR-AML-147S would be utilized to address Title IV (AML) concerns.

If a complaint results in the issuance of a repair/replacement order or enforcement action, final disposition (close-out) may not be conducted until the required remedial/corrective action has been completed, or the enforcement action has been terminated or vacated.

The Inspector shall enter all investigations of complaints into the DMLR system per the “Enforcement Computer Users Manual” directions.

Notification of Investigation Results to the Complainant:

The complainant shall be notified in writing by the Division within 15 days of receiving the complaint.

The notification shall inform the complainant of:

  1. (If an inspection was conducted) the enforcement action(s) taken by the Division, or explain why enforcement action was not taken.
  2. Whether the situation may be eligible under the AML program.
  3. (If an inspection was not made) the reason the Division did not inspect.
  4. the right to request an informal or formal administrative review of the Division’s action or inaction.

Office Processing of Complaint Investigations:

Upon receipt of the citizen complaint investigation materials from the Supervisor, the Reclamation Services Manager shall determine if additional information is needed and whether an electronic copy should be provided to other agencies per MOUs/MOAs. A copy of the report shall be sent to the Enforcement Secretary, Division Director, DMME Deputy Director and Public Relations Manager, and other appropriate DMLR personnel. 4

DIVISION OF MINED LAND RECLAMATION

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  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 07/01/2011 SUBJECT Citizen Complaint Investigation Section Enforcement & CS Last Revised 9-23-05 The Enforcement Secretary shall:

  • review, electronically file, and distribute the complaint investigation materials to appropriate DMLR personnel, if this has not already occurred.
  • forward a copy of the Inspector’s or Division’s written report and findings to the complainant and the person or company alleged to be in violation. A copy may be sent to the complainant by email, if the complainant requested an email copy in place of the paper copy.
  • if the complaint resulted in the issuance of a NOV or CO, an electronic copy of the investigation shall be provided to the Legal Services Officer.

Tracking Complaints:

Complaint Investigation Tracking System - The appropriate Technical and Enforcement staff shall maintain and utilize this automated complaint status system as follows:

  • the Enforcement Section shall enter all data regarding complaints for which technical assistance is not required.
  • the Technical personnel shall enter data from date assistance is requested until the technical report is filed.

Technical Assistance Procedure:

If the Inspector or Supervisor needs technical assistance to determine the nature or cause of an alleged violation or problem, the Inspector will code the complaint report as “TA” (technical assistance).

The Supervisor will review the report and acknowledge the technical assistance request when electronically forwarding the report to the Reclamation Services Manager. If technical assistance is required during the investigation of an emergency situation, the request shall be immediately communicated by phone, STARS, or e-mail to the Reclamation Services Manager, who will notify the

RPM-G.

Upon loading the complaint report into the DMLR Enforcement data system, a system generated note for technical assistance with the complaint will be sent to the RPM-G. A paper copy of the complaint investigation report, including any maps, data, or other relevant information will be forwarded from the Inspector to the RPM-G for assignment to the appropriate technical personnel.

If either the Supervisor or Reclamation Services Manager feels that technical assistance is not warranted, the person objecting to the assistance shall prepare a memo to the Inspector setting out why the assistance would not be appropriate, and shall provide direction as to how the Inspector should handle the situation.

The technical investigator shall:

  • establish a review completion date (no later than 20 days from the date the Inspector or Reclamation Services Manager requested technical assistance, whichever is later). 5

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  • begin immediately to gather or request relevant data, and shall (if necessary) schedule a field visit with the Inspector or Supervisor to conduct the initial site investigation (no later than 15 days from the date the Inspector or Reclamation Services Manager requested technical assistance, whichever is later).
  • determine if additional onsite investigations or data are required, and (in writing) shall estimate the date the investigation will be completed and the final report prepared. This determination shall be forwarded to the appropriate section manager for review. (If the anticipated review period will exceed 20 days, the technical investigator should also explain the special conditions or circumstances, which are present in the case that prevents a more expedient decision.)
  • send a letter announcing the anticipated completion date of the technical investigation to the complainant, Inspector, Reclamation Services Manager, and the coal company involved.

The RPM-G shall enter the investigation’s projected completion date into the computer tracking system.

The technical reviewer and Inspector shall cooperate and provide necessary assistance to one another during the investigation process. Preliminary findings should not be disclosed or discussed with the complainant, permittee, or other outside party.

The technical investigator shall proceed with the investigation and upon completion, shall submit his or her draft written report for review by appropriate staff. The technical investigator may request assistance from other technical reviewers in gathering and interpolating data, and finalizing the technical report. Any comments made by the reviewers shall be listed on or attached to the “Technical Report Comment/Approval Sheet”.

The technical reviewer and appropriate section managers, as needed, shall review the final technical report findings with the Inspector. Upon finalization of the report, the technical investigator shall prepare and forward sufficient copies of the final report to the Reclamation Services Manager for distribution.

The RPM-G shall enter the date the Technical Section’s report was finalized into the tracking system.

Within 5 working days from receipt of the technical report, the Inspector shall discuss the report findings with the complainant. The Inspector shall hand deliver to the complainant a copy of the report with the Reclamation Services Manager’s cover letter (advises complainant of administrative appeal rights).

If the Inspector is unfamiliar with the techniques or procedures used in the evaluation, he or she may request that the technical reviewer attend the review with the complainant.

The Inspector shall prepare a report (DMLR-ENF-032S or DMLR-AML-147S ) documenting 6

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 07/01/2011 SUBJECT Citizen Complaint Investigation Section Enforcement & CS Last Revised 9-23-05 the final disposition of the investigation. 7

Virginia Surface Mine Map RequirementsDoc ID: DM-M-05-08

Original: 3,306 words
Condensed: 2,576 words
Reduction: 22.1%

O. GENE DISHNER

DIVISIONS

DIRECTOR

ENERGY

GAS AND OIL

MINED LAND RECLAMATION

MINERAL MINING

MINERAL RESOURCES

MINES

ADMINISTRATION COMMONWEALTH OF VIRGINIA Department of Mines, Minerals and Energy Division of Mines P. O. Box 900 Big Stone Gap, VA 24219-0900 (276) 523-8100 Frank A. Linkous, Chief

MEMORANDUM DM 05-08  TO: All Virginia Surface Coal Mine Operators FROM: Frank A. Linkous Frank A. Linkous, Chief

Division of Mines SUBJECT: Surface Mine Maps

DATE: November 16, 2005

On February 10, 2005, the Governor signed into law House Bill 2573, which included significant changes to Section 45.1-161.64 of the Coal Mine Safety Laws of Virginia, pertaining to surface mine maps. Previously, surface mine operators only submitted surface mine maps to the Department of Mines, Minerals and Energy (DMME) when intersecting abandoned mine workings. This section of the law now requires all surface mine operators to submit a map “prior to commencing mining activity”; “at intervals not to exceed 12 months”; and “when a coal mine is abandoned”. The information these maps must contain is also described in detail in Section 45.1-161.64(G), a copy of which is attached for your review.

While the requirements adopted are principally the same as those contained in the Federal regulations, several questions have arisen as a result of these changes:

  1. When must surface mine maps be submitted?

Surface mine operators who have submitted mine maps within the past 12 months will be notified, as usual, by mail when their maps are due. If you have not submitted a surface mine map within the past 12 months, you will be notified by mail on the anniversary day of the mine license.

  1. What is an accurate and up-to-date map of the mine?

An accurate and up-to-date map of the mine is a map that meets all requirements of Section 45.1-161.64.G of the Coal Mine Safety Laws of Virginia. An itemized list of these requirements for surface mine maps has been included in Attachment A.

Pertinent aspects of these requirements are discussed in the questions and answers that follow. An accurate and up-to-date map of the mine meeting these same requirements must also be maintained at the mine site.

  1. What are the property or boundary lines of the active areas of the mine and how much should be shown on the mine map?

Generally, for a surface mine, the boundary lines are the permit boundaries. Some mines have multiple permit boundaries or the permitted area is so large that much of the area may not be mined for several years. The revised law does not specifically state that all of the property or boundary lines must be shown on a map of the mine; rather, the law requires that the property or boundary lines of the “active areas” of the mine be shown. For maps submitted to the DMME or maintained at the mine, showing the property or boundary lines within 1,000 feet of the active workings or within 1,000 feet of the projected mining in the next 12 months will be sufficient.

  1. How must contour lines of elevations be shown?

Paragraph 45.1-161.64.G.3 requires contour lines passing through whole number elevations of the coalbed being mined. It includes spacing requirements and the provision that contour lines may be placed on an overlay. Since most surface mine maps are submitted on topographical maps, showing the coalbed contour elevations on them may make them difficult to interpret and utilize. If the operator chooses to submit separate maps showing the underground mine workings they will be mining through (see question 5 below), coalbed contour lines may be placed on them. If there are no underground mine workings, and the only known coalbed elevations are the pit elevations, the operator may state in the cover letter or on the map that not enough information exists to develop coalbed contour lines. The operator also may elect to implement either of these options for the map maintained at the mine. Paragraph 45.1-161.64.G.4 requires showing a general elevation of the coalbeds being mined and the general elevation of the surface. If the surface mine map is a topographical map, then the surface elevation contours will suffice for the general elevation of the surface.

  1. What bodies of water must be shown?

Paragraph 45.1-161.64.G.6 requires showing the location and elevation of “any body of water dammed or held back in any portion of the mine”. This paragraph allows the bodies of water to be shown on a separate overlay or tracing. Any pond or impoundment constructed on the site by the mine must be shown. Bodies of water impounded by any abandoned underground mines are excluded from this requirement.

However, if underground impoundments are known, operators are encouraged to show them in order to decrease the potential for an uncontrolled release of water in the event of an accidental hole through.

DM 05-08 2

  1. What do we need to keep for daily notations?

Section 45.1-161.64.G does not specifically require temporary notations to be made for surface mines as does section 45.1-161.64.E for underground mines. This paragraph does require the map to show all auger and strip mined areas of the coalbeds being mined. Also, all worked out and abandoned areas must be shown. Surface mining activity such as development of coal pits, auger holes, or highwall miner holes must be noted on the map as they are completed. It is important, particularly when mining in red zones, for the surface mine foremen and workers to know where they are conducting ground disturbing activities in relationship to the many potentially hazardous contacts surrounding a surface mine such as public roads, residences, gas wells and pipelines, and power transmission lines.

  1. How can we show all underground mine workings on the map?

As these maps are required to show underground mine workings “underlying” and “within 1,000 feet of the active areas of the mine”, it is likely that the maps will become quite busy and difficult to maintain as well as to comprehend. Therefore, surface mine operators, if they choose, may elect to submit a set of overlays and underlays of the underground mine workings to keep on file at DMME. The overlays must include maps of the underground workings within the planned mining horizon of the surface mine and below. These overlay or underlay maps will not have to be updated annually unless changes occur to the underground mine workings.

  1. What other information does the Chief require?

This section of the law also allows the Chief to require other information to be shown on the surface mine map. Attached is the list of requirements that must be shown on the maps submitted to the DMME and maintained at the mine. Each notification letter will also include a copy of this list.

Currently, the Chief requires that all surface mine maps contain at least four points labeled with the state plane coordinate system (NAD27). Of course, if the coordinate system on the map is already the NAD 27 state plane coordinate system, this requirement is met. Section 45.1-161.64.A requires that all maps, beginning July 1, 2007, to be presented on the Virginia Coordinate System of 1927, South Zone, unless otherwise approved by the Chief.

All surface mines are now required to have a ground control plan approved by the Chief. These ground control plans must include a map of “red zones” which depict work areas that represent a potential hazard to the public. The Chief now requires all surface mine maps to show the approved red zone areas on the map.

DM 05-08 3

  1. How often does a surface map at the mine site have to be updated?

Section 45.1-161.64 does not specifically state when or how often that mine maps must be updated at the mine site. However, the DMME requires that, in each mine’s approved ground control plan, there will be a statement that the map of the mine will be updated every six months and that the map will be certified by registered professional engineer or certified land surveyor. Failure to do so will constitute a violation of the approved ground control plan.

10. Does a surface mine have to submit a final map?

Yes, Section 45.1-161.64.A pertains to all mines. All mines must submit a map prior to commencing mining activity, at intervals not to exceed every 12 months, and when it is abandoned.

11. Do highwall miners or augers have to submit maps?

Yes, Section 45.1-161.64.A again pertains to all mines. Mine operators may choose to submit the highwall miner or auger on the same map as the surface mine.

Maps maintained at the mine site should, in most cases, contain the same information as a map submitted to the DMME. The format of the information can take the same format as that of the submitted map, e.g., underground mine workings in the mining horizon can be shown on separate overlays kept on file at the mine site.

We hope the answers to these questions will prove helpful in developing your surface mine maps for submittal to the DMME and to be maintained at the mine site. If you have further questions or need additional explanation, please contact Mike Willis, DM Mine Safety Engineer, at 276-523-8231 or email mike.willis@dmme.virginia.gov, or any of the specialists at our Big Stone Gap office (276-523-8229) or our Keen Mountain office (276-468-4553). dm

Enclosure DM 05-08 4 Attachment A

Mapping Requirements for Surface Coal Mines

Section 45.1-161.64 of the Coal Mine Safety Laws of Virginia requires mine maps to be submitted prior to commencing mining activity, at intervals not to exceed twelve (12) months, and when a mine is abandoned. Annual maps must be up-to-date and certified by a registered engineer or registered surveyor. If there have been no changes since the last submittal, maps are not required, however, written notification that no changes have occurred should be forwarded to the Department of Mines, Minerals and Energy.

Annual surface mine maps must include the following: Scale between 100 ft. and 500 ft. to 1 inch with the scale noted on the map.

Posted date.

Mine name, company name, Mine Index #, and DMLR Surface Mining Permit #.

Legend and symbols used.

Property lines, permit lines, and outcrop within 1,000 feet of the active areas of the mine.

All auger and strip-mined areas of the coalbeds being mined.

Active and worked out areas of the mine.

Mining projections, including the sequence of mining, for at least 12 months.

Location of gas wells, gas lines, vertical ventilation holes, and all known drill holes within the permit boundary and within 500 feet of the mine.

Elevations of the coalbeds mined.

The location of underground mine workings or workings from auger, thin seam, or highwall mining operations that are within 1,000 feet of the active areas of a mine.

Location of any body of water dammed or held back in any portion of the mine.

Location of railroads, public highways, and primary access roads leading to the mine and permanent mine buildings.

The location and description of at least two permanent baseline points and the location and description of at least two permanent elevation benchmarks.

The Chief may require other information to be shown on the surface mine maps.

Four points, labeled with Virginia Coordinate System of 1927, South Zone, located on the map to encompass the entire mine workings (or the use of this coordinate system on the map).

Location of “Red Zone” work areas as required by the surface mine operation’s approved ground control plan.

Attachment B

45.1-161.64 Code of Virginia.

A) Prior to commencing mining activity, the operator of a coal mine, or his agent, shall make, or cause to be made, unless already made and filed, an accurate map of such mine. Beginning July 1, 2007, all maps shall be presented on the Virginia Coordinate System of 1927, South Zone, unless otherwise approved by the Chief. At intervals not to exceed twelve 12 months and when a coal mine is abandoned, the operator shall submit to the Chief three copies of an up-to-date map of the entire mine in paper format or one copy of the map in an electronic format. On and after July 1, 2007, only maps in an electronic format will be accepted unless otherwise approved by the Chief. If there are no changes in the information required to be submitted under this section at the time an updated map is due, the operator may submit a notice that there are no changes to the map in lieu of submitting an updated map to the Department.

B) Underground coal mine maps shall show:

  1. The active workings;
  2. All pillared, worked out, and abandoned areas, except as provided in this section;
  3. Entries and air courses with the quantity of airflow, direction of airflow indicated by arrows, and ventilation controls;
  4. Contour lines of all elevations;
  5. Dip of the coalbed;
  6. Escapeways;
  7. The locations that are known or should be known of:(i) adjacent mine workings within 1,000 feet (ii) mines above or below, and (iii) water pools above;
  8. Either producing or abandoned oil and gas wells located within 500 feet of such mine and in any underground area of such mine; and
  9. Such other information as the Chief may require.

Such map shall identify those areas of the mine that have been pillared, worked out, or abandoned, which are inaccessible, or cannot be entered safely.

C) Additional information required to be shown on underground coal mine maps shall include:

  1. Mine name, company name, mine index number, and name of the person responsible for information on the map;
  2. The scale and orientation of the map and symbols used on the map;
  3. The property or boundary lines of the mine;
  4. All known drill holes that penetrate the coalbed being mined;
  5. All shaft, slope, drift, and tunnel openings and auger and strip mined areas of the coalbed being mined;

DM 05-08 2

  1. The location of all surface mine ventilation fans; the location may be designated on the mine map by symbols;
  2. The location of railroad tracks and public highways leading to the mine, and mine buildings of a permanent nature with identifying names shown;
  3. The location and description of a least two permanent base line points coordinated with the underground and surface mine traverses, and the location and description of at least two permanent elevation bench marks used in connection with establishing or referencing mine elevation surveys;
  4. The location and elevation of any body of water dammed or held back in any portion of the mine; provided, however, such bodies of water may be shown on overlays or tracings attached to the mine maps used to show contour lines as provided under subdivision 12 of this section; 10. The elevations of tops and bottoms of shafts and slopes, and the floor at the entrance to drift and tunnel openings; 11. The elevation of the floor at intervals of not more than 200 feet in (i) at least one entry of each working section and main and cross entries; (ii) the last line of open crosscuts of each working section, and main and cross entries before such sections and main and cross entries that are abandoned; and (iii) rooms advancing toward or adjacent to property or boundary lines or adjacent mines; and 12. Contour lines passing through whole number elevations of the coalbed being mined. The spacing of such lines shall not exceed 10-foot elevation levels, except that the Chief may approve a broader spacing of contour lines for steeply pitching coalbeds. Contour lines may be placed on overlays or tracings attached to mine maps.

D) Underground coal mine maps submitted to the Chief shall be on a scale of not less than 100 or more than 500 feet to the inch. Mapping of the underground mine works shall be completed by a closed loop survey method of traversing or other equally accurate methods of traversing. All closed loop surveys shall meet a minimum accuracy standard of one part in 5,000. Elevations shall be tied to either the United States Geological Survey or the United States Coast and Geodetic Survey benchmark system. A registered engineer or licensed land surveyor shall certify that the map of the mine workings is accurate.

E) Underground coal mine maps shall be kept up-to-date by temporary notations and revised and supplemented at intervals not to exceed six months based on a survey made or certified by a registered engineer or licensed land surveyor. Temporary notations shall include:

  1. The location of each working face of each working place;
  2. Pillars mined or other such second mining;
  3. Permanent ventilation controls constructed or removed, such as seals, overcasts, undercasts, regulators, and permanent stoppings, and the direction of air currents indicated; and
  4. Escapeways designated by means of symbols.

F) At underground coal mines, an accurate map of the mine showing clearly all avenues of ingress and egress in case of fire shall be posted in a place accessible to all miners.

DM 05-08 3 G) Surface mine operators shall maintain an accurate and up-to-date map of the mine. The map shall show:

  1. Name and address of the mine;
  2. The property or boundary lines of the active areas of the mine;
  3. Contour lines passing through whole number elevations of the coalbed being mined. The spacing of such lines shall not exceed 25-foot elevation levels, except that the Chief may approve a broader spacing of contour lines for steeply pitching coalbeds. Contour lines may be placed on overlays or tracings attached to mine maps;
  4. The general elevation of the coalbed or coalbeds being mined, and the general elevation of the surface;
  5. Either producing or abandoned oil and gas wells and gas transmission lines located on the mine property;
  6. The location and elevation of any body of water dammed or held back in any portion of the mine: provided, however, such bodies of water may be shown on overlays or tracings attached to the mine maps;
  7. All prospect drill holes that penetrate the coalbed or coalbeds being mined on the mine property;
  8. All auger and strip mined areas of the coalbed or coalbeds being mined on the mine property together with the line of maximum depth of holes drilled during auger mining operations;
  9. All worked out and abandoned areas; 10. The location of railroad tracks and public highways leading to the mine, and mine buildings of a permanent nature with identifying names shown; 11. Underground mine workings underlying and within 1,000 feet of the active areas of the mine; 12. The location and description of at least two permanent baseline points, and the location and description of at least two permanent elevation bench marks used in connection with establishing or referencing mine elevation surveys; 13. The scale of the map; and 14. Such other information required by the Chief.

H) Surface surveys shall originate from at least two permanent survey monuments on the mine property located with a minimum accuracy standard of one part in 10,000. The monuments shall be clearly referenced on the mine map. Elevations shall be tied to either the United States Geological Survey or the United States Coast and Geodetic benchmark system.

I) The original map, or a true copy thereof, shall be left by the operator at the active mine, open at all reasonable times for the examinations and use of the mine inspector.

J) Such maps may be used by the DMME for the evaluation of the coal resources of the Commonwealth.

DM 05-08 4 K) The map shall be filed and preserved among the records of the Department and copies of such maps shall be made available at a reasonable cost.

L) Any person who has conducted mining operations or prepared mine maps and who has a map or surveying data of any worked out or abandoned underground coal mine shall on request make such map or data available to the Department to copy or reproduce such material.

DM 05-08 5

Guidance on Problem Discharges During Mine ReclamationDoc ID: DMLR-G-15-07

Original: 1,575 words
Condensed: 1,310 words
Reduction: 16.8%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 15-07 Issue Date: March 12, 2007 Subject: Potential Problem Discharges during Reclamation and Bond Release

This guidance is intended to facilitate the decision-making process for evaluating and addressing potential “problem discharges”2 on a permit during the post reclamation and bond release phase and whether or not the site would be eligible for bond release based on the discharge status.

A potential problem discharge may or may not reach a receiving stream and could adversely impact the hydrologic balance, water supplies, post-mining land use, or constitute material damage due to water quality or quantity characteristics. Additionally, situations have arisen where sediment ponds are to be removed, but the influent would not meet effluent limits.

The discharges in some situations had flows of less than 3 gallons per minute and some were also intermittent. These discharges may be from:

  • Sediment ponds
  • Fill underdrains
  • Gravity discharges from underground mines
  • Discharges of impounded water in underground mines through fractures
  • Discrete seeps in backfill

DMLR will use the following four criteria when deciding whether such a discharge requires remedial action or should be released:

Are applicable receiving stream standards being violated?

Does the discharge interfere with the post-mining land use?

Will water supplies and/or beneficial uses of the stream as defined in §62.1-242 of the Code of Virginia be adversely affected?

Could the situation be considered “material damage” or constitute an adverse impact to the hydrologic balance under Virginia’s laws and regulations? 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 Problem discharges are point source discharges that may not meet the applicable Virginia Coal Surface Mining Reclamation Regulations requirements.

GUIDANCE MEMORANDUM1 No. 15-07 Issue Date: March 12, 2007 Subject: Potential Problem Discharges during Reclamation and Bond Release Page 2 of 5 If the answer is “yes” to any of these four criteria, then some remedial action is likely needed.

The following example scenarios, along with a decision flowchart (Figure 1), are presented to facilitate decisions on potential problem discharges. The flow chart illustrates the decision process for the majority of potential problem discharges that may be encountered with references to some of the applicable regulations. The examples and flowchart should aid decision making for addressing these discharges and also increase consistency among DMLR Field Inspectors and Technical reviewers.

For each of the following scenarios, the quality and quantity of the discharge should be well documented with laboratory analyses and measured flows to determine the volume and nature of the influent.

Scenario 1 – Potential problem discharge controlled by sediment pond

The influent to a sediment pond to be removed as part of the reclamation plan does not meet NPDES effluent limits, but the discharge is in compliance. No chemical treatment has been necessary over the life of the permit in order for the discharge to meet effluent limits as the pond either dilutes the influent or allows oxidation and precipitation of dissolved iron or manganese prior to discharge. The discharge is in compliance if the pond remains as a permanent structure and is properly maintained, but the applicant risks not meeting the four criteria if the pond is removed.

Two possible solutions are:

Solution 1 - Pond Removal

The four criteria for evaluating potential problem discharges (see Page 1) should be used when deciding whether the influent would require remedial action if the sediment pond was removed.

As previously stated, if the answer is “yes” to any of the criteria, then likely some remedial action is needed.

Solution 2 - Permanent Pond3 The following criteria should be used when deciding whether a pond may be left as a permanent structure:

  1. The pond will meet the standards for a permanent structure per 4 VAC 25-130-780.25 and 4 VAC 25-130-816.49 or 4 VAC 25-130-817.49, as applicable.
  2. The landowner has given permission to leave the pond as a permanent structure and is aware that he will be responsible for maintaining a structure that is treating a problem discharge. The operator/permittee must submit a notarized letter signed by the landowner 3 This solution does not apply to an instream pond because the influent is the stream itself.

GUIDANCE MEMORANDUM1 No. 15-07 Issue Date: March 12, 2007 Subject: Potential Problem Discharges during Reclamation and Bond Release Page 3 of 5 stating that the landowner is granting permission to leave the pond that is treating a problem discharge and will assume responsibility for the pond after final bond release.

  1. The pond is approved for the post mining land use.
  2. The pond discharge will not adversely affect the post mining land use or beneficial uses of the stream.

Scenario 2 – Problem discharges through fractures from underground mine works

An underground mine begins to impound water and a surface discharge develops (often through fractures that connect the mine void to the surface). These discharges often have elevated dissolved iron concentrations and may have low pH values. The discharges usually occur outside of the permitted area and may appear as increased stream flow over a small area, usually a few hundred feet in length and width. Normally, very diffuse seeps from impounded underground mines are not considered as point source discharges by DMLR. Diffuse seeps are those that do not emanate from discrete fractures but may manifest themselves as moist and/or discolored areas with no discernable surface flow.

The four criteria on page 1 should again be considered. Final bond release would be contingent upon a successful solution to the problem discharge. Two possible solutions are:

Solution 1 – Monitor Discharge

Allow the discharge to continue in its current location and monitor the effluent. The following items should be considered:

  1. If the discharge is relatively large (e.g., 500 gpm), provisions of 4 VAC 25-130-817.41 may apply (on preservation of hydrologic balance). That is, transfer of groundwater from one watershed to another could be a significant change in the existing flow system.
  2. Does the discharge have a negative effect on the receiving stream’s quality, quantity, beneficial uses, or land use?
  3. Is the discharge a point source? If so, it should be monitored as an NPDES discharge and appropriate treatment should be applied, if necessary, to bring the discharge into compliance with applicable water quality standards.
  4. Is a public water supply intake located in the receiving stream? If so, numerical standards from 9VAC25-260-140 would apply.

Solution 2 – Reduce hydraulic head on barrier.

Pumping or installation of a horizontal boring may lower the hydraulic head in the mine pool in order to abate the discharge. The following items should be considered:

  1. This solution would undoubtedly create a point source discharge at the pumping location that would require NPDES monitoring while pumping is being conducted.
  2. Treatment may be required if the discharge is not in compliance with the applicable water quality standards.

GUIDANCE MEMORANDUM1 No. 15-07 Issue Date: March 12, 2007 Subject: Potential Problem Discharges during Reclamation and Bond Release Page 4 of 5

  1. If drainage through the boring is not by gravity, pumping may have to be conducted on a permanent basis to abate the discharge or until inflow to the mine ceases.

Scenario 3 – Problem discharge that is non-compliant for total manganese only

Discharge is non-compliant for total manganese, but total suspended solids, total iron and pH are in compliance. If the water meets the criteria for alkaline mine drainage, the manganese standard does not apply. EPA4 defines alkaline mine drainage in 40 CFR 434.11(c): “The term ‘alkaline, mine drainage’ means mine drainage which, before any treatment, has a pH equal to or greater than 6.0 and total iron concentration of less than 10 mg/L.” However, be aware that problem discharges from refuse areas will not be given alkaline limits.

Scenario 4 – Problem discharges from fill underdrains

A fill underdrain may develop a discharge that does not meet NPDES effluent limits.

This situation sometimes occurs after the fill has been in place for a few years without ever discharging. These discharges have occurred both before and after removal of the associated sediment pond. In some cases where the sediment pond was removed, DMLR has required that the pond or another treatment structure be installed to treat the underdrain discharge. Several solutions may be available, depending on the situation.

  • The two solutions posed for Scenario 1, “Problem discharge controlled by sediment pond”, may be considered if the sediment control structure is still in place.
  • If the pond has been removed and the problem discharge crosses the permit boundary, the four criteria listed on Page 1 apply.

If the answer is yes to any of the criteria, then some remedial action is likely needed. 4 The federal Environmental Protection Agency.

GUIDANCE MEMORANDUM1 No. 15-07 Issue Date: March 12, 2007 Subject: Potential Problem Discharges during Reclamation and Bond Release Page 5 of 5 Figure 1

Mining Land Reclamation Inspection ProceduresDoc ID: DMLR-P-3302

Original: 971 words
Condensed: 949 words
Reduction: 2.3%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.02

PROCEDURES MANUAL ISSUE DATE August 18, 2000 SUBJECT Numbering and Encoding -Section Enforcement Enforcement Action Last Revised 3-12-97

OBJECTIVE AND INTENT:

To ensure the Field Inspector and Supervisor consistently utilize the automated coding and numbering system on Inspection Reports, Notices of Violations, Cessation Orders, and subsequent actions.

PROCEDURES:

Numbering and Coding:

The Division has established “performance standard codes” (PSC) to identify specific areas of inspection. The individual codes are provided on the “Inspection Report” form (DMLR-ENF-044S) and pertain to specific regulatory and statutory requirements which the Inspector monitors (see Civil Penalty Assessment Manual - appendix).

PERFORMANCE STANDARD CODES (PSC) Code Description

Code Description AC Approximate original contour

MN Mining within 100' - 300' zones AO Authorization to operate

MP Mining without permit AT Acid/toxic material

OT Other (e.g. liability insurance) BL Blasting

RT Reclamation Tax/Pool Bond Fund BR Backfilling & Regrading

RV Revegetation BZ Buffer Zones

SC Subsidence Control DS Disposal of Spoil/Refuse/etc.

SD Spoil on the Downslope EF Effluent standards

SL Sealing wells/adits/drill holes EP Exceeding Permit boundary

SM Signs & Markers HE Highwall elimination

SS Sediment/drainage control structure HR Haulroad/access road

TS Topsoil WM Water monitoring

Inspection Reports - When reporting the inspection findings, the Inspector shall identify the applicable performance standard codes investigated on the inspection report form.

Notices of Violation (NOV) and Cessation Order (CO) - The NOV and CO numbers are automatically selected by the Enforcement Laptop system by assigning consecutive numbers to each action taken by the Inspector/Supervisor. The numbers are prefaced with the Inspector’s/Supervisor’s initials.

Each NOV or CO form can cite more than 1 violation. However, each violation is considered a separate NOV or CO.

If a failure to abate Cessation Order is issued for the permittee’s failure to comply with the underlying NOV, the CO must reference the NOV number. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.02

PROCEDURES MANUAL ISSUE DATE August 18, 2000 SUBJECT Numbering and Encoding -Section Enforcement Enforcement Action Last Revised 3-12-97 Multiple Violations and NOV/CO Continuation Sheets :

The Inspector or Supervisor will specifically address each violation by PSC.

If the Inspector cites the permittee for 3 separate violations under a NOV or CO, the violation detail screen would be numbered 1 of 3, 2 of 3, and 3 of 3 respectively. The appropriate performance standard code would be noted on the NOV/CO cover and violation detail screens.

The DMLR Enforcement System (data management) recognizes only one application of a specific performance standard code per NOV or CO number. It is possible that the Inspector may need to cite several different regulatory violations under the same performance standard code. To ensure proper and accurate tracking of each violation, the Inspector would have to issue a separate NOV sequential number for each violation of the same code, for example:

  • the Inspector would not group all of the following violations into one violation of a NOV, since each is distinct and separate. The Inspector’s laptop will generate a separate NOV/CO number to each violation.

Performance Standard Code - AO NOV # XYZ000001 AO (mining within 500 feet) NOV # XYZ000002 AO (auger operations prohibited) NOV # XYZ000003 AO (woody materials in backfill) a) Mining within 500 feet of an underground mine without approval (4 VAC 25-130-816.79). b) Conducting auger operations after such is prohibited by the Division (4 VAC 25-130-819.11). c) Burying woody materials in the backfill without prior approval (4 VAC 25-130-816.107 or 4 VAC 25-130-817.107).

If the Inspector cites several violations of the same regulation, those violations will be grouped into one violation on the NOV/CO.

Example #1 The Inspector found that on four ponds the discharge of each failed to meet the applicable effluent standard limits. Instead of issuing four separate violations, the Inspector would issue one which would probably state “Discharges of ponds #1-4 exceeds the effluent limits as set forth in 4 VAC 25-130-816.42.”

Performance Standard Code - EF

NOV # XYZ000004 EF (Ponds 1-4 failed to meet effluent standards)

Example #2 The Inspector may cite several violations concerning a fill’s construction under 4 VAC 25-130-816.71. The Inspector would address each of the items under one 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.02

PROCEDURES MANUAL ISSUE DATE August 18, 2000 SUBJECT Numbering and Encoding -Section Enforcement Enforcement Action Last Revised 3-12-97 violation of the NOV or CO. The description of the violation and remedial measure(s) set forth under the NOV or CO would specifically identify each problem and establish the necessary steps required to correct each deficiency under the regulation.

Performance Standard Code - DS NOV # XYZ000005 DS (Failure to construct fill as per plans) a) Failure to dispose spoil in designated spoil disposal area (4 VAC 25-130-816.71(a)). b) Failure to remove and properly handle vegetative material and topsoil (4 VAC 25-130-816.71(e)). c) Failure to transport and place spoil in a controlled manner (4 VAC 25-130-816.71(e)(2)).

Modification, Vacation or Termination of Notice of Order - The modification, termination, or vacation of each violation (as identified by the specific performance standard code) cited in a NOV or CO will be completed on form DMLR-ENF-047S.

When completing this form, the Inspector shall:

  • show activity on only one violation (performance standard code) at a time. Therefore, if a NOV or CO contained three violations, a separate DMLR-ENF-047S must be completed when reporting action on each separate violation/performance standard code.
  • place the applicable performance standard code and violation activity code in the space provided in the violation activity screen. The performance standard code must be the same as shown on the original NOV or CO.
  • in addition to identifying the specific performance standard code that the Inspector is reporting on, the original NOV or CO number will be added to the form. The specific violation number ( of ) must be shown on the form. 3

Coal Exploration Reclamation ProceduresDoc ID: DMLR-P-3306

Original: 2,303 words
Condensed: 2,072 words
Reduction: 10.0%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Coal Exploration Section Reclamation Services Last Revised 8/18/00

OBJECTIVE AND INTENT:

To ensure the proper permitting, inspection, and monitoring of coal exploration operations.

GENERAL:

Pursuant to 4 VAC 25-130-772.11(a), a coal exploration notice E-Form (DMLR-PT-051) must be submitted to the Field Inspector PRIOR TO commencing coal exploration which plans to remove 250 tons or less of coal from lands outside a permit area that will disturb the land surface. Such exploration which commences prior to submittal of the E-Form shall be subject to appropriate enforcement action per 4 VAC 25-130-843. Generally, if coal exploration activities are conducted by the permittee within their permit area, a field approved revision to the plans is required and no coal exploration notice is required.

However, if a different company or individual plans to conduct coal exploration activities within a permitted area, a coal exploration notice is required for that company or individual. Consult your Supervisor regarding specific situations not addressed herein.

Pursuant to 4 VAC 25-130-772.12(a), a coal exploration permit application (DMLR-PT-062) must be submitted to the Field Inspector and issued by the Division PRIOR TO commencing coal exploration intending to remove more than 250 tons of coal from lands outside a permit area, or, which will take place in areas designated as unsuitable for mining under 4 VAC 25-130-761.11 and as below.

Such coal exploration which commences prior to obtaining a coal exploration permit shall be subject to appropriate enforcement action per 4 VAC 25-130-843.

The Inspector shall review either of the above in a timely manner per their respective Review sections of this procedure.

If coal exploration is proposed for an area that is designated as unsuitable for mining (4 VAC 25-130-761.11 and 45.1-252D of the Code of Virginia), and the applicant does not have valid existing rights, the Division must ensure that the applicant submits:

  • documentation of consent from the appropriate agencies having jurisdiction over the area, and/or a written waiver(s), for areas where mining is limited under 4 VAC 25-130-761.11(b), (c), and/or (e),. The consent documentation and/or waiver(s) must be included in the coal exploration notice E-Form or permit application. (Note: If the applicant does not have the required waiver(s) set forth in 4 VAC 25-130-761.11(e)(1), a coal exploration permit must be obtained.)
  • required documentation regarding public roads where coal exploration is proposed within 100 feet, measured horizontally, of the outside right-of-way line of any public road under 4 VAC 25-130-761.11(d).
  • a coal exploration permit application (DMLR-PT-062) for areas where mining is prohibited (4 VAC 25-130-761.11(a), (f), (g), and/or (h).

Except as provided for testing purposes under 4 VAC 25-130-772.14(b), any person who intends to commercially use or sell coal extracted during coal exploration operations shall first obtain a permit to 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Coal Exploration Section Reclamation Services Last Revised 8/18/00 conduct surface coal mining operations for those operations from the division under Parts 773 through 785.

PROCEDURES :

Coal Exploration Notice:

Review/Approval:

The Inspector will receive an e-mail from the DMLR E-Forms center stating that a Coal Exploration E-Form (DMLR-PT-051) has been submitted for their review. If such a meeting has not already occurred, the Inspector should meet with the applicant at the proposed exploration site to review the exploration notice E-Form and the existing site conditions. The Inspector shall inform the operator during this meeting that a Coal Exploration Completion E-Form (DMLR-PT-051C) MUST be submitted upon completion of exploration/reclamation. Digital photographs should be taken by the Inspector to document the proposed site’s existing features prior to the commencement of exploration activities (also see PHOTOS section below).

If the proposed exploration operation will NOT relocate or close a public road, or affect the area within 100 feet of a public road, the Inspector will ensure that all required information is included/attached on the E-Form. If all required information is NOT included/attached, the Inspector will document deficiencies in the “Comments” section and click the ‘Inspector Reject’ button

When all required information is included/attached, the Inspector will document any necessary comments, upload any necessary attachments (i.e. - photos from the field review in .pdf format only), and click the ‘Get Next CEN’ button followed by clicking the ‘Inspector Approve’ button .

If the proposed exploration operation will relocate or close a public road or affect the area within 100 feet of a public road, the exploration notice E-Form must include the public notice required at 4 VAC 25-130-761.11(d)(2)(i) (an example is included herein) and consent documentation from the appropriate public road authority (County and/or State). The Inspector shall review the proposed public notice to ensure it is acceptable. Upon approval of the public notice, the Inspector shall assign it a publication number and instruct the applicant to publish it once in a newspaper of general circulation in the locality of the proposed exploration area. One week after the date of the publication (provided no hearing requests have been made), the Inspector may approve the coal exploration notice (using the approval process outlined above) and inform the applicant that exploration operations may begin.

Inspections:

Each exploration notice shall be inspected completely at least once per calendar quarter, and additionally as necessary, to ensure compliance with the measures specified in the notice and at 4 VAC 25-130-772.

Should an inspection determine that exploration activities have substantially disturbed the land surface (for purposes of coal exploration, substantially disturb means to significantly impact land or 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Coal Exploration Section Reclamation Services Last Revised 8/18/00 water resources by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal), the Inspector will ensure compliance with any applicable performance standards at 4 VAC 25-130-815.

The Inspector shall:

  • document inspection findings, including necessary photos, on the Inspection Report form

(DMLR-ENF-044S);

  • forward a copy of each inspection report to the exploration operator;
  • issue appropriate enforcement action per 4 VAC 25-130-843 if a violation of 4 VAC 25-130-772 or 4 VAC 25-130-815 is observed; and,
  • conduct an inspection of the site within 30 days after the notice expiration date, unless the exploration notice was closed on a previous inspection.

Extensions/Modifications:

Should the operator wish to extend the expiration date of an approved exploration notice, or modify an approved exploration notice (example: add/re-locate core holes, extend outcropping lengths, etc.), the operator must submit a Coal Exploration Notice Modification E-Form (DMLR-PT-051M) to the Inspector prior to the notice expiration date or prior to conducting any modified exploration. The Inspector will receive an e-mail from the DMLR E-Forms center stating that a Coal Exploration Notice Modification E-Form (DMLR-PT-051M) has been submitted for review and shall follow applicable parts of the Review/Approval procedures above.

If an operator has not conducted planned exploration prior to an approved notice’s expiration date, and has not submitted a Coal Exploration Notice Modification E-Form (DMLR-PT-051M) requesting an extension of the approved expiration date, or has in fact completed all exploration activities, the Inspector shall require the operator to submit a Coal Exploration Completion E-Form (DMLR-PT-051C) for close out.

Failure to complete reclamation of exploration disturbance prior to a approved notice’s expiration date or, conducting exploration not planned under the approved notice, shall subject the operator to appropriate enforcement action per 4 VAC 25-130-843.

Closeout:

When the Inspector receives an e-mail from the DMLR E-Forms center stating that a Coal Exploration Completion E-Form (DMLR-PT-051C) has been submitted for review, the Inspector must visit the exploration site and determine whether all exploration activity has been completed and whether adequate vegetation has been established on the site to stabilize the soil and protect against erosion. If the Inspector determines that the site is suitable for closeout, the Inspector will document such in the Comments section of the Completion E-Form, attach photos and documentation as necessary in .pdf format ONLY, and approve the E-Form by clicking the ‘Inspector Approve’ button 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Coal Exploration Section Reclamation Services Last Revised 8/18/00

** AN INSPECTION REPORT IS NOT REQUIRED TO CLOSE OUT AN EXPLORATION

NOTICE.**

If the site is not suitable for closeout, the Inspector will continue required inspections of the site until such time as all reclamation is complete and document such in Inspection Reports. The operator is NOT required to re-submit a Completion E-Form (DMLR-PT-051C) upon completion of the remaining reclamation. The Inspector will continue to receive e-mails from the DMLR E-Forms center stating that the original Completion E-Form has not yet been approved. This provides continuing notification that an exploration notice has not been closed out and therefore requires continued inspection. Once all reclamation is complete, the Inspector will approve the Completion E-Form as outlined above.

Should the operator ultimately fail to reclaim the area to the required standards, the Inspector shall take appropriate enforcement action.

Coal Exploration Permit:

Field Review:

The field review of a coal exploration permit application (DMLR-PT-062 and supporting information) and proposed exploration site shall be handled in the same manner as a Chapter 19 mining permit application (see Procedure #2.2.01).

The Inspector shall ensure the electronic exploration permit application contains the information required by 4 VAC 25-130-772.12(b).

Once the Inspector determines that the coal exploration permit application is complete, the Inspector shall assign a publication number and instruct the applicant to publish the notice as required by 4 VAC 25-130-772.12(c).

The Inspector shall instruct the applicant to submit the original coal exploration permit application package to the Division’s Big Stone Gap office.

The permit term, bond, and necessary permit conditions shall be set by the Reclamation Program Manager-Permitting after the application is reviewed and approved per 4 VAC 25-130-772.12(d).

Inspections:

For each active exploration permit, the Inspector shall perform a complete inspection and two partial inspections each calendar quarter. An inactive exploration permit site shall be inspected completely once each calendar quarter, with additional inspections conducted as necessary.

The Inspector shall:

  • document the inspection findings on the Inspection Report form (DMLR-ENF-044S);
  • forward a copy of each inspection report to the coal exploration permit operator; and, 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Coal Exploration Section Reclamation Services Last Revised 8/18/00

  • issue appropriate enforcement action per 4 VAC 25-130-843 if a violation of permit conditions and/or applicable regulations is observed.

Extensions/Modifications:

Exploration permits cannot be extended beyond the permit term set by the Division. The Inspector shall take proper enforcement action to immediately halt any coal exploration activity conducted on an expired exploration permit.

Release:

Once an exploration permit is satisfactorily reclaimed per the approved detailed plans (with adequate vegetation to prevent erosion and stabilize the soil), the permit shall be released by the Inspector as follows:

  • the release shall be documented in an inspection report;
  • the inspection report shall be labeled Inspection Type FI (Final Inspection) and Operation Status NI (Not Inspectable); and,
  • the Inspector shall attach a memo to the final inspection report instructing the Reclamation Services Office Services Specialist to forward a copy of the report to the Reclamation Program Manager-Permitting.

PHOTOS:

Photos of a coal exploration notice not included in an Inspection Report, or not included in the Attachment section of an E-Form, must be placed in the notice’s “Supplemental” folder on the server.

The “Supplemental” folder of a coal exploration notice will be available on the server upon final processing of the E-Form by the Reclamation Services-Enforcement Office Services Specialists. You may then create a folder for your photos within the “Supplemental” folder.

Photos not included in an Inspection Report of a coal exploration permit must be placed in the “Supplemental” folder of the permit on the server. The “Supplemental” folder of a coal exploration permit will be made available on the server by the Reclamation Services-Permitting Office Services Specialists upon issuance of the permit. You may then create a folder for your photos within the “Supplemental” folder. 5

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.3.06 PROCEDURES MANUAL ISSUE DATE 04/10/15 SUBJECT Coal Exploration Section Reclamation Services Last Revised 8/18/00

BASIC PUBLIC NOTICE FORMAT (1 week/7 day comment)

EXAMPLE – Exploration Within 100 feet of Public Road

PUBLIC NOTICE

APPLICATION FOR

COAL EXPLORATION NOTICE/PERMIT

UNDER CHAPTER 19, TITLE 45.1 OF THE CODE OF VIRGINIA

PUBLICATION NUMBER:

Pursuant to 4 VAC 25-130-761.11(d) of the Virginia Coal Surface Mining Reclamation

Regulations, (Company Name and Business Address) is applying for an Exploration

Notice/Permit located in County (Precise Location) to

conduct coal exploration and reclamation operations within 100 feet, measured horizontally, of the

outside right of way line of (Identify the specific public road) .

A copy of the application materials is available for public inspection and comment at the Division

of Mined Land Reclamation’s office. Any person whose interests are or may be adversely affected by the

proposed application, or an Officer, or Head of any Federal, State, or local government agency or

authority may within 7 days of (DATE OF PUBLICATION) submit written comments or objections to

the Division of Mined Land Reclamation concerning the proposed application; and may also request, in

writing, that the Division hold an Informal Conference concerning the application. A request for an

informal conference shall follow the requirements of 4 VAC 25-130-773.13(c) of the Virginia Coal

Surface Mining Reclamation Regulations.

All correspondence concerning the application should be submitted to the Division of Mined Land

Reclamation, P. O. Drawer 900, Big Stone Gap, Virginia 24219, Telephone: (276) 523-8202 - Attn.:

Permit Section. Written comments and a request for informal conference may be e-mailed to the Division

at dmlrpublicnotice@mme.state.va.us.

6

Virginia Surface Foreman Certification RequirementsDoc ID: DM-C-SF

Original: 405 words
Condensed: 377 words
Reduction: 6.9%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

SURFACEFOREMAN

PHOTO ID REQUIRED Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Surface Foreman This certification authorizes the holder to: ƒ Perform all surface mine foreman and/or examiner duties required by State and Federal Laws and Code ƒ Record the findings of on-shift examinations NOTE: ■ This certification may be used at Prep Plants, Dock Facilities and Surface Facilities (labs, shops, warehouses) APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ 23 years of age ƒ Five years of mining experience at least two years experience must be at a surface mine ƒ 4 year Mining Engineering Degree shall suffice for three years of the five years experience ƒ Mine Technology Degree shall suffice for two years of the five years experience ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable) ƒ Hold a General Miner Certification as part of this certification (A card will be issued) EXAMINATION REQUIREMENTS: A score of 85% on each element of the examination ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Electrical & Equipment (EE) 20 ƒ Explosives (EX) 20 ƒ First Aid (FA) 20 ƒ Mine Foremanship (MF) 20 ƒ General Mine Practices (MP) 50 ƒ Federal Regulations (FR) 20 ƒ Virginia Coal Surface Mining Reclamation Regulations (RL) 20 ƒ Gas Detection - practical demonstration ƒ Records - Preshift/Onshift (PO) ƒ Ground Control/Red Zone Practical RECOMMENDED REFERENCE/STUDY MATERIALS: g Title 30 CFR Parts 48, 51, 77 g Surface Foreman Guide & Surface Rules & Regs. g Coal Mine Safety Laws of Virginia g First Aid for Miners Study Guide g BCME Requirements g Mine Gases Packet g VA Ground Control Plan/Red Zones g VA Coal Surface Mining Reclamation Regs. - DMLR The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 4 hours biannual continuing education required to update certification.

Revised 06/02/08

Notice of Non-Compliance ProceduresDoc ID: DMM-P-29

Original: 537 words
Condensed: 428 words
Reduction: 20.3%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.9.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Notice of Non-Compliance Section Enforcement Last Revised

OBJECTIVE AND INTENT:

Complete, accurate, and consistent procedures for the issuance and reporting of enforcement actions involving Notices of Non-compliance is important in providing quality services to customers and stakeholders as well as maintaining a record and history of violations on each mine permit/license site.

PROCEDURES:

  • A Notice of Non-Compliance will be written by the Mine Inspector when it is found that an operator has not complied with the violation within the compliance period of a Special Order, and justification for an extension of the abatement period is not warranted by the Mine Inspector.
  • When the Mine Inspector issues a Notice of Non-compliance it will be discussed with the operator in person or by telephone. The Mine Inspector will emphasize the seriousness of the action and relate the possible consequences of not complying with the Notice. The operators will also be advised of their right of appeal.
  • The Mine Inspector will discuss what work is necessary to terminate the Non-compliance and this will be documented in an Inspection Report.
  • If the Mine Inspector can not contact the operator, he will document his efforts to do so in the Inspection Report and include what measures must be taken to comply with the Notice of Non-compliance as well as the operators right to appeal the Notice. This will be sent certified mail return receipt requested to the operator at his last official address.

• The Mine Inspector will include the following items in the Notice of Non-compliance:

∗ Those items listed in the Special Order; ∗ Those items listed in the Special Order that have not been completed.

• In writing a Notice of Non-compliance the Mine Inspector will include:

∗ Date of issuance and expiration; ∗ Location and description of violation; ∗ Work required for compliance; ∗ Work done towards compliance, if any; ∗ Section of regulations violated.

  • The Mine Inspector will inform the Mine Inspector Supervisor upon expiration of the Special Order and other information pertaining to the Notice of Non-compliance.

• When hand delivering a Notice of Non-compliance, the Mine Inspector will:

∗ Have the original copy of the Notice signed by the operator; ∗ Return the signed copy to the DMM office; ∗ Present the operator with a copy of the Notice.

  1. 9-1 DIVISION OF MINERAL MINING PROCEDURE NO. 2.9.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Notice of Non-Compliance Section Enforcement Last Revised
  • All Notices of Non-compliance will be accompanied by an Inspection Report documenting the inspection, all actions taken, and all efforts taken to contact the operator.
  • The Mine Inspector will make a sufficient number of inspections before the expiration date of the Notice of Non-compliance and continue to inform the operator of the seriousness and consequences if compliance is not achieved on or before the expiration date. All work done towards compliance will be documented on an Inspection Report.
  • The Mine Inspector is to fully document any contact, conversation, inspection, or any event that is relative to the Notice of Non-Compliance.

Data Entry:

See DMM Policy 2.8: Data Entry for proper steps in entering Notices of Non-compliance into the Mineral Mining System.

  1. 9-2

Mineral Mining Hearing ProceduresDoc ID: DMM-P-414

Original: 2,301 words
Condensed: 1,592 words
Reduction: 30.8%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.14.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Hearing Procedures Section Permitting Last Revised

OBJECTIVE AND INTENT:

To ensure that hearings are held and managed consistently and in accordance with State law.

PROCEDURES:

  1. New Permit Applications

Any property owner within 1,000 feet of the area to be permitted may file objections and request a hearing on a new permit application within 10 days of the date the property owner received notice of the application.

(As per Section 45.1-184.1 of the Code of Virginia and MOTC Regulation Section 3.6.8).

  1. Administrative Process Act

The Administrative Process Act of the Code of Virginia allows agencies to hold either informal or formal fact finding hearings to reach case decisions.

Parties to mineral mining hearings are provided the opportunity for an informal fact finding hearing before a DMM appointed hearings officer or hearings convener. Once a permit decision is made to issue or deny the permit (i.e., a case decision is made), parties may appeal the case decision to circuit court.

(Informal hearing per Section 9-6.14:11 of the Code of Virginia)

Parties to the case:

  • must be given reasonable notice of the hearing
  • may appear in person, by counsel, or by another qualified representative
  • may present factual data, argument or proof
  • must receive notice of any contrary fact basis or information which can be relied on in making an adverse decision
  • must receive a prompt written decision including the factual or procedural basis for the decision

(As per Section 9-6.14:11 of the Code of Virginia)

  1. Location

Unless the parties to a hearing otherwise agree, hearings are to be held in the locality where the major portion of the land is located.

(As per Section 9-6.14:5 of the Code of Virginia)

The location must be accessible to the handicapped.

(As per October 4, 1989 directive from Governor Baliles)

  1. 14-1 DIVISION OF MINERAL MINING PROCEDURE NO. 4.14.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Hearing Procedures Section Permitting Last Revised

The type of facility used for a hearing is optional. A formal setting, such as a Board of Supervisor’s chamber, is preferred. The facility should be large enough to accommodate all people expected to attend.

  1. Hearing Convener

As a general rule, hearings should be run by DMM staff. However, if there are especially complex issues, or if a large number of people are expected to attend a hearing (requiring more formal rules of order be followed), the DMM Director may use a hearing officer. The DMM Director may consider the cost of using a hearing officer as compared to the cost of using DMM staff when deciding on who will conduct a hearing.

If DMM staff is conducting the hearing, the Mine Inspector Supervisor responsible for the opposite division from the site in question will oversee the hearing. If the Supervisor is unable to conduct the hearing, the DMM Director will appoint a substitute.

Use of a hearing officer is governed by the Administrative Process Act and the Virginia Supreme Court Hearings Officer System Rules of Administration.

(As per Section 9-6.14:14.1 of the Code of Virginia)

  1. Hearing Schedule

There is no requirement that a hearing be held within a set number of days after the request is received.

However, in order to facilitate a timely decision, a hearing should be held within 30 to 45 days of the date when a permit application is determined to be complete by DMM in accordance with the Permit Application Review Procedure 4.13.00.

  1. Notice of the Hearing

The DMM Hearing Brochure will be provided to hearing requestors upon receipt of their hearing request.

Notice of the hearing must be given to the operator or applicant and the person or persons who requested the hearing. The notice will be mailed return receipt requested so there is documentation that notice has been made.

(As per Section 9-6.11:11.A of the Code of Virginia)

Individual notice to parties to the hearing must state when and where the hearing is to be held, who may appear and speak, what information the department has to base a decision on and where the information is available.

(As per Section 9-6.11:11.A of the Code of Virginia)

DMM will provide notice of the hearing date, place, and time to the chief of the local political subdivision where the mine is to be located (county administrator, city manager, etc.).

  1. 14-2 DIVISION OF MINERAL MINING PROCEDURE NO. 4.14.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Hearing Procedures Section Permitting Last Revised

As soon as the hearing is scheduled, the Division of Mineral Mining will submit the information for publication in the Virginia Register and placement on the VIP Net notice board to the Office of Program Support. Notice must be published in the Register if time permits.

(As per Section 9-6.14:22.C of the Code of Virginia and the Virginia Register Style Manual, Chapter 7)

Notice of the hearing must be given to any person who requests that information. This includes any person who has a standing request to be notified of meetings on a continual basis. A standing request must only be recognized if made within one year of the date of the hearing or if the request has been renewed.

(As per Section 2.1-343 of the Code of Virginia)

There are no requirements for general public notice beyond publication in the Virginia Register.

General public notice of an informal fact finding hearing may, at the option of the DMM Director, be given by publication in a newspaper of general circulation in the area where the permitted activity is located.

If public notice of a hearing is published, the notice will state the date, time, and location of the hearing, provide a brief explanation of the subject of the hearing and state where additional information is available.

  1. Public Access to Permit Information

Parties to the hearing must have access to any data or information on which the department may base a decision. DMM may provide for public access to the information at the DMM office.

(As per Section 2.1-342 of the Code of Virginia)

  1. Hearing Procedures

In an informal fact finding proceeding, formal rules of evidence, swearing witnesses, or other quasi-judicial practices do not need to be followed.

Official minutes must be kept. If the Division is conducting the hearing, the Mine Inspector Supervisor convening the hearing will make arrangements for another person to keep minutes. If a hearing officer is to be used, DMM staff will keep minutes. A tape of the hearing will also be made. A transcript is not required unless it is needed by DMM staff, is requested by a party to the hearing, or is needed for the record in a further appeal to the Board of Surface Mining Review or a court. If requested by an outside party, all costs incurred for the production of a transcript will be the responsibility of that party.

(As per Section 2.1-343 of the Code of Virginia)

The Code does not limit who has standing to be heard at the hearing. All persons may speak or submit written comments.

The hearing convener will ask everyone at the hearing to sign-up on a sheet provided at the entrance to the hearing room. The sign- up sheet will have space for the person's name, affiliation, if any, and an indication if they wish to speak at the hearing.

  1. 14-3 DIVISION OF MINERAL MINING PROCEDURE NO. 4.14.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Hearing Procedures Section Permitting Last Revised

The hearing convener will open the hearing and introduce all officials and DMM staff that are present.

The convener will state that the hearing is an informal fact finding hearing governed by the Administrative Process Act of the Code of Virginia, Section 9-6.14:11.

The hearing convener will identify the issues to be addressed at the hearing, including:

  • The name of the operator or applicant, the location of the proposed operation and the name(s) of the parties that requested the hearing;
  • the issues raised by the objectors;
  • what information DMM has at hand to use in making a decision on the hearing issues; and,
  • the scope of DMME authority over the operation in question. Request that speakers limit their comments to the issues within DMME jurisdiction.

The hearing convener will announce that persons may speak for themselves, be represented by counsel, or by another authorized representative.

(As per Section 9-6.14:11A(ii) of the Code of Virginia)

The hearing convener will state that a public record of the hearing is being kept (i.e., minutes of the meeting, a tape, etc.). The convener will state that attendees may submit written comments in addition to or in lieu of speaking. If written comments are to be accepted after the close of the hearing, the convener will state the deadline for submission of comments, where the comments will be sent, and that these comments will become part of the official record of the hearing.

The hearing convener will state that the applicant has been asked to present his application. If the applicant does not present his application the DMM mine inspector will be asked to give a brief informational presentation of the application.

If there are to be a large number of speakers, the hearing convener may limit the time allotted individual speakers. The convener may also limit the number of speakers representing any organization. If limits are to be set, announce the limits before anyone has spoken. If speakers go beyond their allotted time, be polite but firm in stopping speakers. Ask them to summarize their remaining comments in one or two sentences.

The hearing convener will call speakers in order from the sign-up list. After the last person on the list has spoken, the convener will allow any other person to speak, subject to any limitations on time or organization representation.

The hearing convener has the option of allowing persons to return and speak in response to comments made by others. However, the convener will be careful not to let a debate over any issue get started.

After all speakers have finished, the hearing convener will thank attendees and state when a decision is expected to be made by the DMM Director. The convener will formally close the hearing.

  1. Hearing Report
  1. 14-4 DIVISION OF MINERAL MINING PROCEDURE NO. 4.14.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Hearing Procedures Section Permitting Last Revised

The hearing convener will write a hearing report to be submitted to the DMM Director. The Director will specify when the report is due from the convener. Contents of the convener's report are not established by Code. However, the report will be a record of the full set of issues and facts in the case. The report will include:

  • the subject, date, time and location of the hearing;
  • minutes of the hearing, including the list of speakers;
  • a summary of comments - usually compiled by subject; and,
  • written findings of fact, conclusions of law, and a recommended decision for the DMM Director.

10. DMM Director's Decision

The DMM Director must put the hearing decision in writing. Although there are no statutory time limits for issuing the decision, parties to the hearing are entitled to a prompt decision. The DMM Director may wish to meet the same standard followed by the Board of Surface Mining Review and issue the decision within 60 days of the hearing.

(As per Section 9-6.14:11(iv) of the Code of Virginia)

The Administrative Process Act requires the written decision to state the factual or procedural basis for an adverse decision in any case. To meet this standard, the DMM Director's decision will include:

  • a brief statement of the issues;
  • a statement of the findings of fact and conclusions of law; and,
  • the text of the decision.

(As per Section 9.6-14:11(v) of the Code of Virginia)

For a new permit, Division staff will mail or hand-deliver a copy of the decision to the operator and other parties to the hearing. Certified mail is not required.

The decision and all supporting documentation will be placed in the permit file. The decision, together with the full record of the case, must be made available for public inspection and copying.

(As per Section 9-6.14:14 of the Code of Virginia)

DEPARTMENT OF MINES, MINERALS AND ENERGY DIVISION OF MINERAL MINING Hearing Required Items Checklist

Operator/Applicant:

Permit/License Number:

Operation Name:

  1. 14-5 DIVISION OF MINERAL MINING PROCEDURE NO. 4.14.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Hearing Procedures Section Permitting Last Revised

Operation Location:

Date of notice to neighboring property owners:

Request for hearing received within 10 days of property owner receipt of notice

Hearing scheduled: Date: Time:

Location:

Hearing site accessible to handicapped

Request for assistance to visually or hearing impaired person received: Yes No If yes, assistance arranged

Notice of hearing sent to:

Persons requesting hearing Operator/Applicant Persons requesting individual notice of the hearing Persons with standing request for notice of hearings

Notice states:

When and where hearing to be held Who may speak Information at hand to be used in the decision Where information at hand available

Notice of Meeting sent to OPS for publishing in the Virginia Register and VIP Net.

If a hearing officer is used, selection made from the Virginia Supreme Court Hearing Officer System

Minutes of hearing kept

Hearing convener announces at hearing start:

Name of applicant/operator Name of person(s) requesting the hearing Issues before the hearing Information at hand to base the decision on That persons may speak in person, be represented by counsel, or designate a representative to speak

DMM Director's written decision issued and delivered to parties to the hearing; decision contains:

  1. 14-6DIVISION OF MINERAL MINING PROCEDURE NO. 4.14.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Hearing Procedures Section Permitting Last Revised

Brief statement of issues Findings of fact and conclusions of law Text of the decision

Decision and documentation placed in file, made available for public review on request

  1. 14-7

Electrical Equipment Inspection Guidelines for Coal MinesDoc ID: DM-G-161195A

Original: 279 words
Condensed: 272 words
Reduction: 2.5%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 11 ELECTRICITY Issue Date: 4/10/00 Revised Date: 9/30/02, 4/15/04 Page 1 of 1 Section 45.1-161.195.A.

Inspection of Electric Equipment and Wiring: Checking and Testing Methane Monitors

Underground Electrical Equipment Requiring Inspection:

At least, weekly inspections of electrical equipment and wiring being used underground is required for locomotives, personnel carriers, electric track switches and derails, compressors, car hauls, conveyor units, pumps, rock-dusting machines, battery powered equipment, permissible equipment, section power centers, belt transformers, rectifiers, face equipment, and all other electrical equipment located underground. Required examinations of wiring include cables, starters, and other installed electrical components.

This examination includes weekly examination of underground circuit breakers and monthly testing of surface high voltage circuit breakers. This requirement also includes examination of electrical equipment and wiring located on the surface that supplies power to underground equipment other than high voltage transmission. For example, a transformer located on the surface that serves an underground circuit for an underground pump must be inspected, at least monthly. However, the circuit breaker, pump cable and underground pump from that transformer are required to be inspected, at least weekly.

This section of the MSA pertains to electrical inspection requirements. Any notices of violation issued under this section should address non-compliance with regard to electrical inspections and records of such inspections.

Monthly electrical inspections (at a minimum) are required for all surface electrical equipment and wiring located and installed at surface work areas and facilities at underground coal mines.

Hand-held electrical tools are to be considered electrical equipment requiring monthly inspections. An individual record of inspection for hand tools is not required.

Enforcement Procedures for Unpermitted Mining SitesDoc ID: DMM-P-215

Original: 554 words
Condensed: 390 words
Reduction: 29.6%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.15.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Unpermitted/Unlicensed Mine Sites Section Enforcement Last Revised 09/21/95

OBJECTIVE AND INTENT:

The Mine Inspector has the ‘right of entry” under provisions of the Mine Safety Act. The inspector will have access to any mining operation under jurisdiction of the DMM, and any site where mining activities which may come under DMM jurisdiction are being performed for the purposes of enforcing the DMM law and regulations. This policy establishes procedures to be used by DMM field personnel which will ensure consistency in enforcement actions involving illegal mining operations.

PROCEDURES:

  • Upon reaching any unpermitted site, the Mine Inspector will present credentials to the person in charge at the site.
  • The Mine Inspector will explain to the operator the reasons for being at the site as well as his right as an authorized representative of the Director to inspect the site.
  • The Mine Inspector, if necessary, will advise the person in charge that denying entry to the mine inspector constitutes a Class I misdemeanor under the Mine Safety Act.
  • The Mine Inspector will advise the operator of permitting/licensing requirements and exemptions under State law.
  • Consequences of continued illegal operation of the mining activity will be stated by the Mine Inspector.
  • If denied the right of entry, the Mine Inspector will leave the site and immediately contact the Mine Inspector Supervisor to determine further actions necessary to obtain entry to the site.
  • If further confrontation with the operator is anticipated on any unpermitted site, the Mine Inspector will make arrangements to be accompanied by other DMM personnel.
  • A determination will be made as to whether the operation is a mining activity, or whether it is exempt from DMM jurisdiction.
  • When the site is found to be under DMM jurisdiction, the Mine Inspector will provide the following documentation:

∗ why the site falls under the definition of mining; ∗ estimate of acreage disturbed; ∗ any discussions with the operator; ∗ pictures of the site; ∗ persons legally responsible for the mining activity, including addresses and telephone numbers; and ∗ proper notice (given or sent certified mail) to responsible party of the violation. ∗ Also an “Excavation Activity Evaluation Chart” will be completed and attached to the Inspection Report.

  • In cases where the status of the activity is not clearly established, the Mine Inspector will complete an “Excavation Activity Evaluation Chart” and forward it to the OMT for review.
  1. 15-1DIVISION OF MINERAL MINING PROCEDURE NO. 2.15.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Unpermitted/Unlicensed Mine Sites Section Enforcement Last Revised 09/21/95
  • The OMT will make a recommendation to the Mine Inspector as to how to proceed with enforcement activities on the site.
  • If the operation is determined to be mining without the proper permit/license, the following actions will be taken:

∗ the operator will be issued a Closure Order effective immediately for mining without a license;

∗ the operator will be issued a Special Order requiring the submittal of a permit application or immediate reclamation of the disturbed area; and

∗ the Mine Inspector will provide the operator with the necessary forms and assistance to prepare the permit application for submittal.

  • If the Mine Inspector will be doing surveillance of an illegal mine site outside of regular working hours, he will get prior approval from his supervisor.
  1. 15-2

Performance Bond Procedures for Mining ReclamationDoc ID: DMLR-P-2313

Original: 894 words
Condensed: 810 words
Reduction: 9.4%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.13

PROCEDURES MANUAL ISSUE DATE August 16, 2007 SUBJECT Performance Bond Review and Approval Section Permitting Last Revised

OBJECTIVE AND INTENT:

To ensure the review and approval of performance bonds for permitted sites in Virginia are in accordance with the applicable regulatory requirements.

PROCEDURES:

Performance Bond Forms

The performance bond may be in the format of cash, certificate of deposit, surety, letter of credit, or an indemnity agreement for a self-bond. The appropriate bond forms that must be used are:

DMLR Form # Bond Type DMLR-PT-0261 Certificate of Deposit DMLR-PT-026A Certificate of Deposit Federal Lands DMLR-PT-093 Statement for 3rd Party Certificate of Deposit DMLR-PT-013 Surety Bond DMLR-PT-013A Surety Bond Federal Lands DMLR-PT-013B Surety Bond Rider DMLR-PT-255 Irrevocable Standby Letter of Credit2 DMLR-PT-221 Indemnity Agreement – self bond

Calculating The Amount of Performance Bond

A.

Coal Surface Mining Reclamation Fund3 (Pool Bond) – The Permit Review Specialist will ensure the applicant’s bond calculation is determined at the rate of $3,000.00 per acre with a minimum bond amount of $100,000.00 for surface mines and $40,000.00 for underground mines. All acreages should be rounded up to the next whole acre (e.g. 142.35 = 143.00). When calculating an incrementally bonded permit, the acreage to be bonded must be added as a total and then rounded to the next whole acre.

The bond calculation should be accomplished by utilizing the electronic bond calculation sheet. An area being permitted that will not have coal production will not be eligible to be permitted under the Pool Bond and would have to post actual cost bond for that site. 1 This is in addition to the Certificate of Deposit issued by the banking institution. 2 The contents of this form may be placed on the issuing bank’s letterhead, but must match the wording in the DMLR-PT-255 exactly. 3 See §4VAC25-130-801.12 of the regulations. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.13

PROCEDURES MANUAL ISSUE DATE August 16, 2007 SUBJECT Performance Bond Review and Approval Section Permitting Last Revised

B.

Cost Estimate4 - The Permit Review Specialist will ensure that the detailed proposal of the actual cost to reclaim the site is reviewed and approved by a DMLR reviewing engineer. The DMLR reviewing engineer shall notify the Permit Review Specialist of any additional or clarifying information that the applicant needs to submit regarding the bonding estimate. Once the DMLR engineer determines the proposal is approvable, the Permit Review Specialist will add a cost factor to the bond proposal. The cost factor will be determined by the proposed permit term as listed in Item 2.1 of the permit application (e.g. if the term is 5 years, utilize the 5 year factor for all calculations; if the term is 4 years, utilize the 4 year factor, etc.). The Permit Review Specialist will then request the total bond amount that must be submitted.

Requesting Performance Bond

After the application has been technically approved, the Permit Review Specialist will notify the applicant in writing of the required performance bond amount. The letter will include this statement –

“Please fax a copy of the completed performance bond document for DMLR review to (276) 523-8141 prior to submittal of the original document.”

Upon receipt of the facsimile, the Permit Review Specialist shall review the bonding document/form to determine if it is correct and complete the electronic bond approval checklist. If there are any problems with the document, the Review Specialist should immediately notify the applicant’s representative so corrective action may be taken. If this is communicated orally, the Review Specialist should also make a written notation to be placed in the application file for future reference.

For incremental bonding areas, the permittee may submit the required performance bond at any time prior to disturbance of the respective areas. The applicable bond document should be faxed to the Permit Review Specialist as previously described.

Bond determined acceptable

Once the Permit Review Specialist determines the bond is acceptable, the bond document will be taken to a Reclamation Program Manager or other authorized person for his/her signature. This signature is required prior to obtaining a DMME receipt or further processing of the application. The electronically completed bond approval checklist should accompany the bond form, which will be filed in the approved permit’s file. The applicable bond form and DMME receipt will be attached to the approved application.

  • For a new permit, the bond should accompany the approved permit application for processing and receipting.
  • For an existing permit revision, the bond should be receipted and the receipt should accompany the revision for processing. 4 See §4VAC25-130-800.14 of the regulations 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.13

PROCEDURES MANUAL ISSUE DATE August 16, 2007 SUBJECT Performance Bond Review and Approval Section Permitting Last Revised

  • To bond additional area on the existing permit (not a revision), the bond should be receipted and an approval note for adding additional bond must accompany the receipt.

Self-Bond

Self-bonds should be reviewed utilizing the bond approval checklist for self-bonds. In addition to the requirements for bond review previously stated, self-bonds shall meet the requirements of 4 VAC 25-130-801.13. When reviewing a self-bond proposing to cumulatively exceed fifty percent of the applicant’s reported net worth, the reviewer must consult with his/her supervisor, who must consult with the Director prior to determining whether the agency may accept the proposed self-bond. 3

Reclamation Fee Submission RequirementsDoc ID: DMLR-M-5-84

Original: 91 words
Condensed: 91 words
Reduction: 0.0%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 5-84

Reclamation Fees (issued 5/25/84, updated 10/1/01)

Pursuant to §4 VAC 25-130-773.17(g), the permittee shall submit proof that all reclamation fees lawfully required under Title IV of the Federal Act have been paid. The permittee may utilize form DMLR-PT-244 in providing the necessary proof. Only one original affidavit will be required during the quarter. For subsequent permit or revision applications that quarter, the permittee should attach a copy of the affidavit.

NPDES Enforcement and Compliance PolicyDoc ID: DMLR-M-8-85

Original: 334 words
Condensed: 304 words
Reduction: 9.0%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 8-85

NPDES Enforcement Policy (issued 4/7/85, updated 10/1/01)

The permittee is strictly liable for any violation of the NPDES permit; however, this policy will focus on those repeat effluent violations of sufficient magnitude and duration to be considered for regulatory review or response.

The Division will use EPA’s definitions of “Significant Non-Compliance” (SNC) and “Chronic Non-Compliance” (CNC) as guidelines in considering enforcement action for effluent violations reported by the permittee on the monthly Discharge Monitoring Reports (DMRs:

DMLR-PT-119).

§§4 VAC 25-130-816.42 and 4 VAC 25-130-817.42

  • Reported effluent characteristics in excess of the monthly average limitation will be evaluated in regard to its magnitude and duration. SNC and CNC will be considered as a violation of 45.1.254, subject to enforcement action.
  • Significant non-compliance (SNC)– monthly average limitation is exceeded by 40% or more for any 2 months in a consecutive 6-month period.
  • Chronic non-compliance (CNC)- monthly average limitation is exceeded by 40% or more for any 4 months of a consecutive 6-month period. Violations of pH or settleable solids limitations in 4 months of a consecutive 6-month period.
  • Technical Review Criteria (TRC) – 40% excess of limitation for total suspended solids, iron, and manganese parameters. (Settleable solids and pH do not have monthly average limitations; therefore, are not evaluated using this criteria.)

Parameter Monthly Average Limit TRC Total suspended solids (TSS) 35 mg/l 49 mg/l Iron (existing source) (TFe)

  1. 5 mg/l
  2. 9.mg/l Iron (new source) (TFe)
  3. 0 mg/l
  4. 2 mg/l Manganese (TMn)
  5. 0 mg/l
  6. 8 mg/l

All NPDES monitoring and reporting required of the permittee will remain unchanged, and there will be no change in the policy regarding single event and short term non-compliance that is reported by the permittee. The field inspector upon the next routine inspection will address all daily maximum and monthly average violations that are noted on the DMRs.

However, violations deemed to be serious shall be investigated and addressed immediately.

Mine Emergency Response and Notification ProceduresDoc ID: DM-G-MED

Original: 689 words
Condensed: 667 words
Reduction: 3.2%

DEPARTMENT OF MINES, MINERALS AND ENERGY “Preparation and Emergency Response Capability Will Save Lives and Property”

DIRECTORY INDEX

PROCEDURE STATEMENT 2

DM NOTIFICATION PROCESS 3

NOTIFICATION OF A MINE RELATED EMERGENCY 4

*MINE EMERGENCY RESPONSE TEAMS 5

*DIVISION OF MINES SUPERVISORS 6

*DIVISION OF MINES INSPECTION PERSONNEL 7

  • DIVISION OF MINES SPECIALIST & INSTRUCTORS 9

*STATE DESIGNATED MINE RESCUE TEAMS 10

  • DEPARTMENT OF MINES, MINERALS & ENEGRY 11

*DIVISION OF MINED LAND RECLAMATION 12

*DIVISION OF GAS AND OIL 13

  • MINE SAFETY & HEALTH ADMINISTRATION PERSONNEL 14

*LOCAL LAW ENFORCEMENT, RESCUE AND MEDICAL FACILITIES 16

*MISCELLANEOUS 21

*SPECIFIC CONTACT INFORMATION FOR DMME AND RESCUE TEAMS IS

AVAILABLE FROM THE DMME DIVISION OF MINES ON REQUEST.PROCEDURE STATEMENT

Purpose: The Division of Mines Emergency Notification Directory has been prepared to assist with notification of key emergency response personnel. Any division representative upon learning of the occurrence or potential occurrence of a mine emergency must begin the notification process to enable effective and efficient response to assist in necessary rescue and/or recovery efforts. The safety and well being of mine personnel and property often will depend on the ability to notify and assemble needed resources to the site of the emergency.

Scope: This directory is intended to complement the Division of Mines Rescue and Recovery plan. It is divided into sections which are numbered and identified in the index. The directory will be maintained in loose leaf form, and will be updated regularly as needed.

Those DM and DMME personnel whom it may be necessary to contact are listed in the directory. Other agencies, mine rescue teams and emergency response resources are also listed.

Responsibility: Two copies of this directory will be provided each DM representative. One copy is to be maintained at the individual’s residence located so as to be readily available at all times. The other copy is to be maintained in the assigned vehicle at all times. Each DM representative provided this directory is responsible to keep the directory current with all revisions provided, and be familiar with its content and intended use.

Any DM representative learning of a mine emergency or potential mine emergency should, without delay, begin the notification process outlined. It is important for the first DM person contacted to obtain information needed to assist in coordination of the appropriate response. Therefore, information forms are provided to assist in obtaining needed information.

DM NOTIFICATION PROCESS The DM representative receiving notification of a mine related emergency or potential emergency shall obtain necessary information or attempt to obtain such.

However, without delay, the DM representative shall make contacts as follows:

First contact - By phone or by pager your first contact

shall be a member of the Mine Emergency Response

Team.

Second contact - Your next contact will be your immediate

supervisor or whom ever may be designated acting in his

absence. Your supervisor will give you further instructions

as to duties and responsibilities you are to perform.

The DM Emergency Response team will activate and follow their established response plan. Should state designated mine rescue teams be needed, the DM Emergency Response Team Leader will notify teams of the emergency and request their response.

The first DM Supervisor notified will contact the Chief, and other DM Supervisors.

The Supervisor having the mine affected by the emergency will respond without delay to the scene. The other DM Supervisors will coordinate notification of all other DM personnel necessary to respond to the emergency.

The Chief will notify the DMME Deputy Director and coordinate notification of any other DMME or emergency personnel.

NOTIFICATION OF A MINE RELATED EMERGENCY

The following information is to be obtained by any DM representative at the time notified of an emergency:

  1. Date and time of notification:______________________________________
  1. Nature of emergency (obtain specifics such as fire, roof fall, explosion, etc.): _____________________________________________________________ _____________________________________________________________ _____________________________________________________________
  1. Date and Time of Occurrence: _____________________________________
  1. Company Name and Mine Name:___________________________________ _____________________________________________________________
  1. Location of Mine:________________________________________________ _____________________________________________________________
  1. Name of Person Calling:__________________________________________
  1. Phone Number:_________________________________________________
  1. Number of persons unaccounted for: ________________________________
  1. Number of fatalities and injuries: ___________________________________

10. Have recovery operations begun?__________________________________

11. Any additional pertinent information the caller may be able to provide:______ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

Blaster Certification and Enforcement ProceduresDoc ID: DMLR-P-3401

Original: 1,195 words
Condensed: 988 words
Reduction: 17.3%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 4.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Suspension and Revocation of DMME Section Hearings and Legal Services

Coal Surface Blaster Certification Last Revised April 17, 2006

OBJECTIVE AND INTENT:

The Division shall ensure persons who conduct or supervise blasting operations are properly certified, and comply with the regulatory requirements of the approved program.

GENERAL:

In addition to the permittee, DMLR holds the permittee’s certified blaster responsible for specific day to day blasting activities. Consequently, the certified blaster’s responsibility for the use of explosives carries with it the potential for certification suspension, revocation, or other enforcement action.

DMLR must consider the employer-employee relationship in determining whether to pursue enforcement action against a DMME certified coal surface blaster. A difference of opinion between the blaster and the permittee may lead to a final decision by the operator (i.e., employer) inconsistent with DMLR performance standards. However, a difference of opinion does not relieve the blaster of the obligation to comply with all appropriate blasting laws, regulations, and performance standards.

A certified blaster owes an affirmative obligation not only to his employer, but also to his certification to ensure compliance with the blasting laws.

DEFINITIONS:

Willful misconduct - an act or omission on the part of the blaster which is intentional, voluntary, or conscious, and with disregard or indifference to legal requirements for blasting operations.

Types of Suspension:

  1. Immediate Suspension - suspension of DMME coal surface blaster certification without prior written notice, at the discretion of the Field Inspector.
  1. Conditional Suspension - suspension of DMME coal surface blaster certification for a specific duration conditioned upon completion of remedial measures by the blaster (e.g., retraining or retesting). The Hearings Coordinator (HC) will coordinate this process.

The HC may specify a time period within which the remedial measures must be completed. When remedial measures are completed and verified by the HC, the certification will be reinstated. If the remedial measures are not completed within the specified time period, the HC may consider revocation. Normally, conditional suspension will not exceed three months.

  1. Suspension for a Definite Period - punitive suspension of DMME coal surface blaster certification for a specified period. The length of suspension is based upon the nature and severity of the blaster’s offense. Special conditions or remedial measures may be required with this action. Consideration should also be given to the blaster’s past compliance record and the 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 4.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Suspension and Revocation of DMME Section Hearings and Legal Services

Coal Surface Blaster Certification Last Revised April 17, 2006 possibility that the permittee or operator may have ordered the blaster to violate the applicable regulations or law.

  1. Other Enforcement Action - Examples of such action include, but are not limited to, an official written admonishment or referral to another agency, such as the Bureau of Alcohol, Tobacco and Firearms (ATF), for criminal action. The nature and duration of an enforcement action must be commensurate with the offense.

Revocation - Removal of DMME coal surface blaster certification, following written notice to the blaster and an opportunity for hearing before the DM Board of Coal Mining Examiners (§45.1-161.35D).

Reciprocity - Recognition by DMME of a blaster certification issued in another state; wherein, the blaster certification program in that state is substantially similar to DMME’s and has been approved by OSM.

PROCEDURES:

The Reclamation Field Inspector shall:

  • document in the inspection report (DMLR-ENF-044S) the blaster’s activities alleged to be in violation of the blasting regulations.
  • identify the certified blaster (by name and DMME blaster certification number) in the inspection report accompanying the NOV or CO issued to the permittee for a violation of a blasting requirement.
  • discuss, when possible, the NOV or CO with the certified blaster and document in the inspection report any statement he or she made concerning the violation. The Inspector’s report shall note whether or not a discussion was held with the certified blaster.
  • immediately order the cessation of all blasting activities whenever the certified blaster is not in effective control of blasting activities and an imminent danger is present.
  • suspend the blaster’s certification on site in the event an imminent harm situation is created by the blaster’s action. (Imminent harm occurs when the blaster’s action poses a serious threat to public safety or the environment.) This suspension period cannot exceed 90 days.
  • consult with the HC to determine if any remedial measures must be completed by the blaster (specifying a time period within which he or she must complete such.)

The Inspector can access certified blaster information in Dynaterm (DMME IBM menu- #2 DMLR System; Mined Land Reclamation System Main Menu- #10 Administration - at #2 type in DM identification number or lookup last name).

The Dynaterm system automatically notifies the TTC (by ROOT note) of each NOV and CO that pertains to a blasting violation.

The Hearings Coordinator shall keep the Reclamation Services Section apprised of any administrative hearing request and subsequent decision that pertains to a blasting violation. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 4.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Suspension and Revocation of DMME Section Hearings and Legal Services

Coal Surface Blaster Certification Last Revised April 17, 2006 The HC shall:

  • maintain a file system of all blasting enforcement actions resulting from misconduct of a blaster. The file shall include the NOV or CO number and identification of the applicable regulation permit condition, or the portion of the Act alleged to be violated.
  1. blasting violations that are documented as being the permittee’s primary responsibility will remain in the blaster’s file for one year from date of issuance.
  2. blasting violations that are the direct responsibility of the certified blaster will remain in the blaster’s file for five years from date of issuance.
  • notify the certified blaster by certified mail (return receipt requested) of all documentation placed in his or her file.
  • ensure the procedures for suspension or revocation of the DMME blaster certification are consistently and fairly applied.
  • review each blasting violation cited by the Reclamation Services Section to determine whether suspension, revocation, or other enforcement action concerning the certified blaster should be pursued.
  • immediately notify the appropriate Inspector and Supervisor when a blaster’s certification is suspended or revoked.

Suspension or Revocation:

The Board of Coal Mining Examiners shall suspend or revoke a blaster’s certification for due cause and after the person has been afforded the opportunity to contest such action in a public hearing before the Board. The Board’s final decision shall be sent in writing by certified mail. The blaster may seek judicial review of a revocation decision pursuant to Section 45.1-161.35 of the Code of Virginia, as amended.

Should the HC’s review of a blasting violation or the blaster’s record indicate that probable cause for suspension or revocation of the DMME coal surface blaster certification exists, the HC shall forward a fact sheet (along with a memo explaining the nature, severity, and history of the blaster’s actions):

  • through the Chief Engineer and DMLR Director.
  • to the DM Chief to file the necessary petition (§4 VAC 25-20-410) and schedule a hearing before the Board of Coal Mining Examiners (§4 VAC 25-20-420). 3

Hoisting Engineer Availability and Emergency ProceduresDoc ID: DM-G-161159

Original: 187 words
Condensed: 165 words
Reduction: 11.8%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 7 HOISTING Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.159. A.&C.

Hoisting Engineer

Availability of Hoisting Engineer and Use of Automatic Elevator Operator:

The Chief has determined a “reasonable time” to be not more than thirty minutes for a person qualified as an automatic elevator operator or hoisting engineer to be available where miners are transported into and out of underground areas of a mine by hoists or on surface inclines. This section of the MSA does not govern where these certified persons may be located as long as they are available within thirty minutes. However, these persons obviously cannot be located underground.

If an automatic elevator is malfunctioning and not operating fully automatic, an automatic elevator operator may operate the hoist manually only to bring personnel from the mine in an emergency situation.

The purpose for this section of the MSA is to assure that the appropriate qualified persons are available to remove personnel from underground within a reasonable time particularly in cases of an emergency.

Temporary Cessation Procedures for Surface MinesDoc ID: DMM-P-48

Original: 281 words
Condensed: 220 words
Reduction: 21.7%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.8.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Temporary Cessation of Section Permitting Surface Mines Last Revised

OBJECTIVE AND INTENT:

To allow operations that will be idled for a period in excess of 12 months to enter temporary cessation.

PROCEDURES:

Request for temporary cessation of surface mines must be submitted with an Request for Amendment

(DMM-113).

  1. When an operator requests temporary cessation of the operation, reclamation must be current according to the following:
  • Regrading must be current.
  • Any exposed toxic or toxic producing material must be covered with four feet of non-toxic material.
  • All approved regraded areas must be seeded according to the approved post-mining land use, or if to be redisturbed, must be seeded with an approved temporary seed mixture..
  • All necessary drainage structures must be constructed and properly maintained. Provisions must be made to prevent ponding in regraded pit areas unless a pond or lake is the post mining land use.
  • The Amendment Form must be reviewed in the field by the operator and Mine Inspector in consultation with the Mine Inspector Supervisor to determine whether site conditions warrant the request.
  • There will be no bond reduction for those areas to be redisturbed when temporary cessation is being considered.
  1. Mine Inspectors must require the operator to apply for temporary cessation when their operation has been inactive for a period in excess of 12 months as provided in the Mineral Mining Regulations.
  1. The Mine Inspector will request submittal of plans for cessation, including the information and instructions provided in Communication Memorandum 02-93 located in Appendix A.
  1. Temporary cessation amendments will be field approved in accordance with Field Approval Procedure
  2. 10.00 and Amendment Procedure 4.6.00.
  1. 8-1

Mine Inspection Substance Abuse ProceduresDoc ID: DM-P-10413

Original: 2,164 words
Condensed: 1,324 words
Reduction: 38.8%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.13

ISSUE DATE: July 1, 2007 SUBJECT: Substance Abuse

LAST REVISED:

OBJECTIVE AND INTENT

To establish procedures for responding effectively to alleged violations or suspicion of impairment due to presence of intoxicants or controlled substances that have not been prescribed and for appropriate substance abuse testing when a serious personal injury or death occurs at a mine. If the mine operator can and is willing to provide the appropriate testing results outlined in these procedures, it would not be necessary for DMME to conduct the testing.

GENERAL

Upon notification of an anonymous complaint of an alleged violation or reasonable cause to suspect a substance abuse violation during an inspection at a licensed coal mine operation, the area supervisor will be immediately notified. The inspector supervisor will coordinate the inspection/investigation with the appropriate DM personnel.

A.

COMPLAINT INVESTIGATION

  1. If there is reasonable cause to suspect a miner’s impairment during a complaint investigation, the following procedures should be followed.
  • The company substance abuse policy should require employees who are taking prescribed, controlled medications to have this information on file at the mine. Therefore, you should review this information prior to the search or before taking enforcement actions.
  • Notify affected person(s) of section 45.1-161.35.D and that their presence at the mine has deemed them to give consent to a reasonable search of person and personal property located at the mine site.
  • Conduct any search for controlled substance in the presence of a company agent or other witness(s).
  • Document witness(s) and make detailed notes of location of search and of any controlled substances discovered.
  • In the event unprescribed controlled substances are discovered, refer to “Enforcement Action”.
  • Notify person(s) of section 45.1-161.78.D, which allows DMME to require substance abuse testing as part of an investigation.
  • Issue person(s) an individual violation. Refer to “Enforcement Action” 1 of 6
  • Inform mine operator of required actions and have the operator transport suspected impaired person(s) to the appropriate provider chosen by DMME for collecting samples. If the operator cannot transport person(s), then DM personnel may transport individual(s) in their state vehicle. If the DM representative transports individual(s), they should, if necessary, contact their supervisor for assistance. Whoever transports the person(s) for testing will also transport the person(s) back to the mine site.
  • If testing results warrant, refer all information to the appropriate supervisor to begin temporary suspension actions.

2. If person(s) refuses to promptly follow instructions written within the body of the violation:

  • Inform mine operator to immediately withdraw person(s) from the mine.
  • Inform affected supervisor to begin temporary suspension actions.
  • Refer to “Enforcement Action”.

3. If operator refuses to withdraw person(s) from the mine:

  • Refer to “Enforcement Action”.

B.

INSPECTION

1. If there is reasonable cause to suspect a miner’s impairment during any inspection:

  • Company substance abuse policy should require employees who are taking prescribed, controlled medications to have this information on file at the mine. Therefore, you should review this information prior to search or before taking enforcement actions.
  • Notify affected person(s) of section 45.1-161.35.D and that their presence at the mine has deemed them to give consent to a reasonable search of their person and personal property located at the mine site.
  • Conduct any search for controlled substances in the presence of a company agent or other witness.
  • Document witness(s) and make detailed notes of location of search and any controlled substances discovered.
  • In the event unprescribed controlled substances are discovered, refer to “Enforcement Action”.
  • Notify person(s) of section 45.1-161.78.D, which allows DMME to require substance abuse testing as part of an investigation.
  • Issue person(s) an individual violation. Refer to “Enforcement Action”.
  • Inform mine operator of the required actions and have the operator transport suspected impaired person(s) to the appropriate provider chosen by DMME for collecting samples. If operator cannot transport such person(s), then the DM representative may transport the individual(s) in their state vehicle. If the DM representative transports individual(s), they 2 of 6 should, if necessary, contact their supervisor for assistance. Whoever transports the person(s) for testing will also transport the person(s) back to the mine site.
  • If results warrant, refer all information to the appropriate supervisor to begin temporary suspension actions.
  1. If person(s) refuses to promptly follow the instructions written within the body of the violation:
  • Instruct mine operator to immediately withdraw person(s) from the mine.
  • Inform appropriate supervisor to begin temporary suspension actions.
  • Refer to “Enforcement Action”.

3. If operator refuses to withdraw person(s) from the mine:

  • Refer to “Enforcement Action”.

C.

SERIOUS PERSONAL INJURY OR DEATH

  1. The decision to substance abuse test person(s) involved in a serious personal injury or whose actions may have been a contributing factor of any accident involving serious personal injury or death will be focused on reasonable cause to suspect the miners’ impairment by:
  • Investigator(s) making an immediate assessment of scene and those who may have contributed to the accident.
  • Immediately notifying affected supervisor of his assessment.
  • Supervisor(s) and/or Chief reviewing facts and determining that substance abuse testing is necessary
  1. If a decision is made to substance abuse test a person(s) involved in a serious personal injury or who may have contributed to an accident:
  • Notify person(s) of section 45.1-161.78.D, which allows for DMME to require substance abuse testing as part of an investigation.
  • Issue person(s) an individual violation. Refer to “Enforcement Action”
  • Inform mine operator of required actions and have operator transport person(s) to the appropriate provider chosen by DMME for collecting samples. If operator cannot transport person(s), then DM may transport the individual(s) in their state vehicle. If the DM representative transports individual(s), they should, if necessary, contact their supervisor for assistance.

Whoever transports the person(s) for testing will also transport the person(s) back to the mine site.

  • If results warrant, refer all information to the appropriate supervisor to begin temporary suspension actions.
  1. If affected person(s) refuses to promptly follow the instructions written within the body of the violation:
  • Instruct mine operator to immediately withdraw person(s) from the mine. 3 of 6
  • Inform appropriate supervisor to begin temporary suspension actions.
  • Refer to “Enforcement Action.
  1. The Chief and/or appropriate supervisor will coordinate with the medical examiner or other appropriate person(s) to test for substance abuse any miner killed in a mining accident or dying on mine property.

REQUIRED DOCUMENTATION FOR DMME MANDATED SUBSTANCE ABUSE

TESTING WHEN IMPAIRMENT IS SUSPECTED

The decision to require an individual to submit to substance abuse testing must be based on substantial facts. These facts must be thoroughly and correctly documented since the results will be presented to the Board of Coal Mining Examiners and may subsequently be presented in a court of law. In an effort to maintain confidentiality, the inspector must open the provided Microsoft word template identified as Substance Abuse Confidentiality and document the required information stated below and any other information he feels may be of interest. The inspector will then be responsible for maintaining the confidentiality of the document by printing the word document and either mailing it to his supervisor or hand delivering. If mailed, it must be marked confidential. The hard copy will be placed in a confidential file and maintained in the Big Stone Gap office. In order to maintain confidentiality, the word document with the information should not be saved on your laptop.

  • Employee Name, Address, Telephone #, Date of Birth, and Certification #
  • Employee Job Title
  • Date and Time of Observation
  • Exact Location
  • Duties Being Performed by the Employee
  • Exact Behavior Observation (The attached list identifies some behaviors to assist in the required documentation. The list is not all-inclusive.) Stumbling, unsteady gait Flushed complexion Slurred, thick speech Drowsy, sleep, lethargic Sweating Incoherent Agitated, anxious, restless Cold, clammy, sweats Exaggerated enunciation Hostile, belligerent Bloodshot eyes Loud, boisterous Irritable, moody Tearing, watery eyes Rapid, pressured speech Depressed, withdrawn Dilated (large) pupils Excessively talkative Unresponsive, distracted Constricted (pinpoint) pupils Nonsensical, silly Clumsy, uncoordinated Unfocused, blank stare Cursing, inappropriate speech Tremors, shakes Disheveled clothing Flu-like illness complaints Unkempt grooming Suspicious, paranoid Hyperactive, fidgety Frequent use of mints, BODY ODORS mouthwash, eye drops Alcohol, marijuana or other suspicious odors Inappropriate, uninhibited behavior

4 of 6• Name and organization of all witness(s)

  • Name and organization who transported to the collection site
  • Time employee was transported
  • Name and location of collection site
  • DM Enforcement individual violation number

UPON DISCOVERY OF POTENTIAL VIOLATIONS OF SUBSTANCE ABUSE LAW

DURING A SEARCH

  • Summon other DM representatives, mine officials, and applicable miner’s representative to any location where unprescribed controlled substances are found. All parties should acknowledge the presence and location of any unprescribed controlled substances found.
  • One DM person should document the names, addresses and telephone numbers of any witnesses, and name, birth date, telephone number, address, and certification number of any person found possessing unprescribed controlled substances.
  • The DM person in charge should document location in detail of any unprescribed controlled substances found. A sketch of the location of such substances and other pertinent information should be prepared.
  • Unprescribed controlled substances should be placed in a paper bag or other container (using surgical gloves if available). If articles found are together, place in bag as found. If they are separate and/or in containers, place in separate bags.
  • Paper bag should be properly identified (EX: #1, #2, #3, etc.), stating the contents, date, time, and specific location in which the items were obtained.

The inspector sealing the bag/container should initial and record the time and date in ink on the outside of the bag/container or on a tag attached to the bag/container. The current holder must ensure chain of custody is maintained. In the event the articles change hands, ensure the name of the person receiving the articles and the date and time are recorded on the bag/container in addition to the name of person from whom articles were received.

  • Make a record of all items taken, as evidence will be compiled and a copy given to a company official.
  • In the event articles are discovered in lunch buckets, coats, toolboxes, etc., attempt to identify the owner of these items. If identified, the person’s name and other pertinent information should be documented on the record given to the company and on the identifying containers (paper bag) containing the items.
  • Mining personnel on whom unprescribed controlled substances are found should be immediately withdrawn to the surface. *NOTE* If smoking articles are found, refer to and follow 1.04.08 “Smoking Articles” of the Division of Mines Procedure Manual. 5 of 6

II.

ENFORCEMENT ACTION

  • If there is reasonable cause to believe during an inspection or investigation that a person(s) is impaired due to substance abuse and or that substance abuse contributed to a serious personal injury or death: issue an individual violation to each person(s) under section 45.1-161.78.D. The instructions in the body of the violation must state date, time and location of testing. For example, (1) there is reason to believe that ____(name) is impaired due to substance abuse on__(date)____at____(time)___; therefore, you are instructed to be transported to _____(collecting facility)___ and submit to substance abuse testing immediately. Other information of confidentially will be on file at the DMME office in Big Stone Gap referencing the above violation number. (2) There is reason to believe that ______(name)____ has contributed to a serious personal injury due to impairment from substance abuse on _____(date)____at____(time)__, therefore, you are instructed to be transported to ___(collecting facility)____ and submit to substance abuse testing immediately. Other information of confidentially will be on file at the DMME office in Big Stone Gap referencing the above violation number.
  • If unprescribed controlled substances are found during a search of a person or his personal property, (i) issue a violation to the individual person, referencing Section 45.1-161.12.A of the Coal Mine Safety Laws of Virginia. (ii) If management does not remove the person from the mine, issue the licensed mine operator a violation referencing 45.1-161.14.B; (iii) if the licensed mine operator does not comply with the 45.1-161.14.B violation within a reasonable time, issue an Order of Closure affecting the entire mine, for failure to abate (45.1-161.91.A (IV).
  • If a person refuses to submit to substance abuse testing as directed by the Chief, (i) issue a violation to the individual referencing Section 45.1-161.78.D; (ii) if management does not remove the person from the mine, issue the licensed mine operator a violation referencing 45.1-161.14.B; (iii) if the licensed mine operator does not comply with the 45.1-161.14.B violation within a reasonable time, issue an Order of Closure affecting the entire mine, for failure to abate (45.1-161.91.A (IV).
  • If the operator refuses to withdraw a person from the mine, who has been instructed by DM to submit to a substance abuse test and has refused, (i) issue the licensed mine operator a violation referencing 45.1-161.14.B; (ii) if the licensed mine operator does not comply with the 45.1-161.14.B violation within a reasonable time, issue an Order of Closure affecting the entire mine, for failure to abate (45.1-161.91.A (IV).
  • If results of substance abuse testing are negative, the violation(s) will be VACATED. 6 of 6

Approximate Original Contour Guidelines for Mine ReclamationDoc ID: DMLR-G-04-02

Original: 1,564 words
Condensed: 1,333 words
Reduction: 14.8%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 4-02 Issue Date: March 22, 2002 Subject: Approximate Original Contour Guidelines

The Department of Mines, Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR) through this guidance memorandum is implementing the following guidelines concerning approximate original contour on steep-slope surface mine operations while providing a means for determining excess spoil quantities.

It is intended to improve consistency in the final configuration of areas restored to a usable and productive post mining land use.

The basis of AOC lies in the federal Surface Mining Control and Reclamation Act of 1977. The federal Act requires that a mine site be regraded to AOC. The federal Office of Surface Mining (OSM) recognizes that, in primacy states, the state regulatory authority is primarily responsible for interpreting what constitutes AOC at a given mine site. Virginia’s requirements are set out in the Virginia Coal Surface Mining Control and Reclamation Act of 1979 (Act), as amended, and the Coal Surface Mining Reclamation Regulations (4 VAC 25-130).

Virginia Requirements for Approximate Original Contour

Approximate original contour (AOC) is defined under Section 4 VAC 25-130-700.5 of the regulations as –

“that surface reconfiguration achieved by backfilling and grading of the mined areas so that the reclaimed areas including any terracing or access roads closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles, and coal refuse piles eliminated.” 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM No. 4-02 Issue Date 03/22/02 Subject: Approximate Original Contour Guidelines Page 2 Sections 4 VAC 25-130-816.102(a) and 4 VAC 25-130-817.102(a) of the regulations provide backfilling and regrading standards for all disturbed areas of a permit. The AOC standards must be achieved for all disturbed areas, except as allowed by subsection (k) of the aforementioned regulations, when:

(1) the standards for thin overburden are met in 4VAC 25-130-816.104, (2) the standards for thick overburden are met in 4VAC 25-130-816.105, or (3) Approval is obtained from the Division for: (a) Mountaintop removal operations in accordance with 4 VAC 25-130-785.14 (b) A variance from AOC in accordance with 4 VAC 25-130-785.16: or (c) Incomplete elimination of highwalls in previously mined areas per 4 VAC 25-130-816.106

AOC is to be met whenever there is no variance clearly defined in the approved permit package.

To help decide if AOC is achieved in the permit proposal, DMLR considers, at a minimum, the following three criteria:

(1) Surface configuration (2) Drainage patterns (3) Highwalls and spoil pile elimination

The Act requires that post mining areas have all highwalls and spoil piles eliminated.

Static safety factors of 1.3 or greater are required.

In reviewing a permit application, this static safety factor requirement can be considered achieved by post mining slopes that are 2h:1v. The post mining slopes may also match pre-mining slopes that are steeper or flatter than 2h:1v, as long as the minimum 1.3 static safety factor is met. Access roads for the post mining land use should be limited to a 20 feet width. The Division may approve greater access road width if it can be demonstrated that it supports the post mining land use. Drainage controls and berms should be included and approved in the plans. In order to determine if a proposed grading plan achieves AOC, both the pre-mining and post mining cross sections should be submitted. These pre-mining and post mining cross sections should match and be provided for all critical slope areas (i.e. finger ridges, significant slope changes, etc.).

The following figures are provided to demonstrate some applications of these guidelines.

Three typical mining examples are presented. In each situation, the reclaimed configuration is established by initiating backfilling operations at the location of the outcrop at the lowest seam to be mined. A flat area may be left for an access road and drainage control. After these allowances, GUIDANCE MEMORANDUM No. 4-02 Issue Date 03/22/02 Subject: Approximate Original Contour Guidelines Page 3 the slope is then started upward on a 2h:lv slope (or equivalent premining slope), as long as the

  1. 3 static safety factor is met.
  • Figure 1 demonstrates a steep slope/mountaintop mining operation that has been returned to AOC.
  • Figure 2 demonstrates a typical steep slope contour mine returned to AOC. In all cases the highwalls must be eliminated. This may require slopes steeper than 2h:lv.
  • Figures 3 and 4 demonstrate a finger ridge removal operation that has been returned to AOC. For long finger ridge removal, cross sections should be provided transversely through the length of the finger ridge showing a profile of the ridge and perpendicular to the profile (i.e. parallel to the proposed highwall from outcrop to outcrop). In all cases, highwalls have to be eliminated. Generally for long finger ridges, the cross sections from crop to crop are used to establish the post-reclamation profiles.

The boundary of the mined area is determined by vertically projecting a line from the outcrop of the lowest coal seam mined. The mined area is shown on the following figures.

Individual mining areas within each permit area should be established. For contiguous mining operations the mining should be considered one operation (Figure 5).

Again, although the two mined areas are combined for reclamation purposes, in order to meet AOC, the Act requires each individual highwall be eliminated.

Final elevations are not controlling factors in determining whether an area has been restored to AOC. The area need not be restored to the original elevations. The reclaimed area may be somewhat lower or even higher than the original elevations. The key component in determining AOC is the proposed configuration of the backfill. This configuration needs to comply with the provisions detailed above.

Once the final proposed configuration is determined, the applicant should include detailed spoil volume calculations based on site-specific materials, so that swell shrinkage and bulking can be accurately predicted. The total spoil volume is calculated for the site. Next the volume of material required to backfill the site to the approved AOC configuration is determined. By definition, any excess material not required to return the site to AOC is excess spoil and may be placed in approved excess spoil disposal sites.

An additional option for AOC includes landform grading. In this situation, the permittee may use variations in slope to create contours that reflect more natural slopes. For example, a permittee may place additional material on the bench area and reduce the slope of the contour as long as he can show stability in that area. The operator may use excess spoil to produce irregular shapes of natural stable slopes. These slopes would be characterized by a continuous series of concave and convex forms, interspersed with swales and berms that blend GUIDANCE MEMORANDUM No. 4-02 Issue Date 03/22/02 Subject: Approximate Original Contour Guidelines Page 4 with natural slopes. Landform grading may be employed as long as the volume of excess spoil initially determined is not exceeded.

Slope drainage devices would follow natural slope drop lines to re-create natural original drainage patterns. All spoil piles should be used in the grading. The surface configuration criterion for meeting AOC will be met if the landforms constructed closely match undisturbed areas, with curvilinear contours. Again, documentation of the mine area prior to disturbance is essential for the support of the rationale for the post-mining configuration of landform grading.

As long as these landform-graded areas meet the criteria for AOC and the determined excess spoil volumes are not exceeded, they would be accepted as AOC.

GUIDANCE MEMORANDUM No. 4-02 Issue Date 03/22/02 Subject: Approximate Original Contour Guidelines Page 5

Typical Mountaintop Operation

Premining Section Typical postmining slopes are 2h: 1v Drainage structure may be left Postmining Section Terraces are acceptable

Lowest seam to be mined

Figure 1 Fill AreaGUIDANCE MEMORANDUM No. 4-02 Issue Date 03/22/02 Subject: Approximate Original Contour Guidelines Page 6

Typical Contour

2h: 1v

  • 20-

Figure 2

Premining Cross Section

Postmining Cross Section

Lowest coal seam to be mined GUIDANCE MEMORANDUM No. 4-02 Issue Date 03/22/02 Subject: Approximate Original Contour Guidelines Page 7

X

B B

A A

X

Plan View

1”=50’

X Postmining Premining X

B A

Highwall

Figure 3GUIDANCE MEMORANDUM No. 4-02 Issue Date 03/22/02 Subject: Approximate Original Contour Guidelines Page 8

Typical Cross Sections

Pre-mining

Postmining

A-A 1”=50’)

Pre-mining

Postmining

B-B (1”=50’)

Figure 4 GUIDANCE MEMORANDUM No. 4-02 Issue Date 03/22/02 Subject: Approximate Original Contour Guidelines Page 9

Mine Area

Highwal Outcrop

Outcrop

Highwal

For contiguous operations the mined area will be combined for multiple seams when the horizontal distances between the highwall of the lower operations and the outcrop of the higher operation is less then 25 feet.

Figure 5

Coal Mine Reporting and Tax Credit GuidelinesDoc ID: DM-M-06-06

Original: 299 words
Condensed: 299 words
Reduction: 0.0%

DIVISIONS

ENERGY

GAS AND OIL

GEORGE P. WILLIS

MINED LAND RECLAMATION

ACTING DIRECTOR

MINERAL MINING

MINERAL RESOURCES

MINES

ADMINISTRATION

CCO

OM

MM

MO

ON

NW

WEEA

ALLTTH

H O

OFF V

VIIRRG

GIIN

NIIA A Department of Mines, Minerals and Energy P.O. Drawer 900 Big Stone Gap, Virginia 24219-0900 (276) 523-8100 FAX (276) 523-8148 Frank A. Linkous, Chief

MEMORANDUM DM - 06-06

TO: All Coal Mine Operators

FROM: Frank A. Linkous Frank A. Linkous, Chief

SUBJECT: Coalfield Employment Enhancement Tax Credit Production Labor Report,

DM-CM-3 Form

DATE : October 12, 2006

The Department of Mines, Minerals and Energy (DMME), Division of Mines (DM) is changing the required reporting of the DM-CM2 form. As we move into single source coal reporting, you will no longer be able to use the DM-CM2 form for the submittal of coal tax tonnages and manhours. Therefore, a new form has been created to capture this information. The DM-CM3 form or Coalfield Employment Enhancement Tax Credit Production /Labor Report is to be completed annually and submitted with the Coal Tax Credit maps that are due April 1st of each year or three months after the end of the operation’s fiscal year. Effective October 1, 2006, the DM-CM3 form will be required to submit coal tax credit information.

The revised DM-CM2 form will continue to be used for reporting annual operations data collected by the DM. This report is due by February 15th of each reporting year. Copies of the new DM-CM3 form and the revised DM-CM2 form are enclosed. Both forms can be downloaded from the DM web site at http://www.dmme.virginia.gov/Dm/default.htm.

If you have any questions, please do not hesitate to contact Mike Willis, Mine Safety Engineer, at 276-523-8231 or Mike.Willis@dmme.virginia.gov. Thank you.

dm

Enclosures EQUAL OPPORTUNITY EMPLOYER TDD (800) 828-1120 --- Virginia Relay Center

Virginia Gas and Oil Well Bond Documentation GuidelinesDoc ID: DGO-G-1

Original: 612 words
Condensed: 452 words
Reduction: 26.1%

DIVISIONS

ENERGY

GAS AND OIL

GEOLOGY AND MINERAL

RESOURCES

MINED LAND RECLAMATION

MINERAL MINING

MINES

ADMINISTRATION CCOOMMMMOONNWWEEAALLTTHH OFFO VIIRRGV GIINNIIAA Department of Mines, Minerals and Energy Russell County Government Center 135 Highland Drive Lebanon, Virginia 24266 (276) 415-9700 FAX (276) 415-9671 www.dmme.virginia.gov

GUIDANCE MEMORANDUM1

TO: Gas and Oil Operators in Virginia

FROM: Rick Cooper, Director Department of Mines, Minerals and Energy (DMME), Division of Gas and Oil

DATE: December 28, 2016

SUBJECT: Acceptable forms of alternative documentation that may be accepted in lieu of a cement bond log for the water protection string

Introduction

On November 28, 2016, DMME published the final updates of its Gas and Oil Regulation (4VAC25-150 et seq.) in Volume 33, Number 7 of the Virginia Register of Regulations. 4VAC25-150-280(C) contains the following requirement:

Each permittee completing a well shall complete a cement bond log for the water protection string.

Permittees may petition the director to submit alternative documentation that demonstrates effective bond between the casing and the formation.

This requirement helps to ensure well integrity and the protection of groundwater resources. However, mechanisms other than a cement bond log exist that can demonstrate effective bond between the casing and the formation. The purpose of this document is to establish those acceptable forms of alternative documentation. The regulations take effect December 28, 2016.

Requirements

Effective as of the date of this memorandum, permit applicants shall specify in their application which alternative they anticipate using.

1 This memorandum is to be considered a guideline issued under the authority of § 45.1-361.27(E)(5) which reads: “The Director shall also have the authority to prescribe the nature of and form for the presentation of any information and documentation required by any provision of this article or regulation adopted thereunder.” The following forms of alternative documentation may be submitted with the drilling report required in 4VAC25-150-360(A), subject to the approval of the director.

  • A rate density or cement summary chart. These charts typically document the amount, type, weight of cement used to encase the well and the rate and amount of cement that flows back to the surface.
  • An affidavit. The operator can submit an affidavit(s) signed by two authorized representatives2 that documents visual observation of cement returned or circulated to the surface. o For wells not drilled through mine voids, the affidavit(s) should also include cement mixture, type, weight, rate and amount that circulated to the surface. If cement does not return to the surface, the affidavit should describe every reasonable effort made to fill the annular space by introducing cement from the surface. o For wells drilled through mine voids, the affidavit(s) should describe every reasonable attempt made to fill up the annular space from the top of the void to the surface. The basket location, if applicable, shall be included. Alternatively, the affidavit(s) can describe the process by which the well was cemented at least 50 feet into the next higher string or strings of casing that are cemented to the surface. Existing regulations3 require this alternative to be verified by a cement top log.
  • In the event rate density charts are not available due to equipment failure, a general volumetric certification may be provided. The operator would utilize mud scales and report slurry density and cement details described above.
  • If the operator wishes to submit alternative documentation not described above, such request should also be made as part of the permit application and would be reviewed as part of that process.

Questions concerning this document can be directed to Rick Cooper at 276-415-9700.

2 For purposes of this memorandum, one of the two authorized representatives may be a representative of an on-site servicing company. 3 See 4VAC25-150-530(E)(1) and 4VAC25-150-610(E)(1).

Virginia FOIA Rights and ResponsibilitiesDoc ID: DMME-FOIA

Original: 2,108 words
Condensed: 1,829 words
Reduction: 13.2%

Rights & Responsibilities: The Rights of Requesters and the Responsibilities of the Department of Mines, Minerals and Energy Under the Virginia Freedom of Information Act

The Virginia Freedom of Information Act (FOIA), located § 2.2-3700 et. seq. of the Code of Virginia, guarantees citizens of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees.

A public record is any writing or recording -- regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format -- that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business. All public records are presumed to be open, and may only be withheld if a specific, statutory exemption applies.

The policy of FOIA states that the purpose of FOIA is to promote an increased awareness by all persons of governmental activities. In furthering this policy, FOIA requires that the law be interpreted liberally, in favor of access, and that any exemption allowing public records to be withheld must be interpreted narrowly.

Your FOIA Rights

  • You have the right to request to inspect or receive copies of public records, or both.
  • You have the right to request that any charges for the requested records be estimated in advance.
  • If you believe that your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance with FOIA.

Making a Request for records from the Department of Mines, Minerals and Energy

  • You may request records by mail, fax, e-mail, in person, or over the phone. FOIA does not require that your request be in writing, nor do you need to specifically state that you are requesting records under FOIA.

o From a practical perspective, it may be helpful to both you and our agency to put your request in writing. This allows you to create a record of your request. It also gives us a clear statement of what records you are requesting, so that there is no misunderstanding over a verbal request.

DMME has a form for this purpose (Request for Information Under FOIA – DMME-IR-1), which can be accessed at the bottom of this page.

However, we cannot refuse to respond to your FOIA request if you elect to not put it in writing.

  • Your request must identify the records you are seeking with reasonable specificity. This is a common-sense standard. It does not refer to or limit the volume or number of records that you are requesting; instead, it requires that you be specific enough so that we can identify and locate the records that you are seeking.
  • Your request must ask for existing records or documents. FOIA gives you a right to inspect or copy records; it does not apply to a situation where you are asking general questions about the work of the Department of Mines, Minerals and Energy (DMME), nor does it require DMME to create a record that does not exist.
  • You may choose to receive electronic records in any format used by DMME in the regular course of business.

o For example, if you are requesting records maintained in an Excel database, you may elect to receive those records electronically, via e-mail or on a computer disk, or to receive a printed copy of those records

  • If we have questions about your request, please cooperate with our efforts to clarify the type of records that you are seeking, or to attempt to reach a reasonable agreement about a response to a large request. Making a FOIA request is not an adversarial process, but we may need to discuss your request with you to ensure that we understand what records you are seeking.

To request records from the Department of Mines, Minerals and Energy (DMME), you may direct your request to Tarah Kesterson. She can be reached at: P.O.

Drawer 900, Big Stone Gap, VA • Phone: (276) 523-8146 • FAX: (276) 523-8148 • E-mail: Tarah.Kesterson@dmme.virginia.gov. You may also contact her with questions you have concerning requesting records from DMME. In addition, the Freedom of Information Advisory Council is available to answer any questions you may have about FOIA. The Council may be contacted by e-mail at foiacouncil@leg.state.va.us, or by phone at (804) 225-3056 or [toll free] 1-866-448-4100.

The Department of Mines, Minerals and Energy's Responsibilities in Responding to Your Request

  • The Department of Mines, Minerals and Energy (DMME) must respond to your request within five working days of receiving it. "Day One" is considered the day after your request is received. The five-day period does not include weekends or holidays.
  • The reason behind your request for public records from DMME is irrelevant, and you are not required to tell us why you want the records before we respond to your request. FOIA does, however, allow DMME to ask you to provide your name and legal address.
  • FOIA requires that DMME make one of the following responses to your request within the five-day time period:

1) We provide you with the records that you have requested in their entirety.

2) We withhold all of the records that you have requested, because all of the records are subject to a specific statutory exemption. If all of the records are being withheld, we must send you a response in writing. That writing must identify the volume and subject matter of the records being withheld, and state the specific section of the Code of Virginia that allows us to withhold the records.

3) We provide some of the records that you have requested, but withhold other records. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide you with the remainder of the record. We must provide you with a written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld.

4) If it is practically impossible for DMME to respond to your request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us seven additional working days to respond to your request, giving us a total of 12 working days to respond to your request.

  • If you make a request for a very large number of records, and we feel that we cannot provide the records to you within 12 days without disrupting our other organizational responsibilities, we may petition the court for additional time to respond to your request. However, FOIA requires that we make a reasonable effort to reach an agreement with you concerning the production or the records before we go to court to ask for more time.

Costs

  • You may have to pay for the records that you request from DMME. FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.
  • If we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.
  • You may request that we estimate in advance the charges for supplying the records that you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs.
  • If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, DMME may require payment of the past-due bill before it will respond to your new FOIA request.

Commonly used exemptions

The Code of Virginia allows any public body to withhold certain records from public disclosure. DMME commonly withholds records subject to the following exemptions:

  • Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)
  • Records subject to attorney-client privilege (§ 2.2-3705.1 (2)) or attorney work product (§ 2.2-3705.1 (3))
  • Vendor proprietary information (§ 2.2-3705.1 (6))
  • Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))
  • No person shall give advance notice of mine inspections without authorization of the director. Any information obtained in connection with an inspection that reveals a trade secret is not to be disclosed. (Code of Virginia 45.1-161.84)
  • The department should not disclose the identity of any person who reports an alleged health or safety violation. (Code of Virginia 45.1-161.97)
  • Information submitted as part of an application for a DMLR coal exploration permit that the applicant states contain trade secrets or privileged commercial or financial data related to competitive rights. (Code of Virginia 45.1-233)
  • Logs, surveys, and reports filed in connection with exploration for uranium shall be kept confidential for two years. Upon request from the permitted operator, these files shall be kept confidential for an additional two years. (Code of Virginia 45.1-285)
  • Logs, surveys, and reports filed in connection with drilling, completion, and testing of a development well for gas and oil shall be kept confidential for 90 days after completion of the well, or 18 months after the total well depth is reached, whichever occurs first. Upon request from the permitted operator, records filed in connection with an exploratory well or corehole shall be kept confidential for two years after completion or four years after total well depth is reached whichever occurs first. The gas and oil inspector may grant requests to extend the period farther for exploratory wells. However, for wells drilled through coal seams, coal owners may request surveys and logs down to the lowest known coal seam. (Code of Virginia 45.1-361.6)
  • All proprietary information and statistics used in geologic research by DMR shall be kept confidential unless the owner of the information consents to its release. (Code of Virginia 45.1-385)
  • Cost estimates related to a proposed procurement transaction prepared by or for a public body. (Code of Virginia 2.2-4342)
  • Financial-disclosure statements submitted by agency employees to comply with the prohibition against conflicts of interest with regulated coal mining operations. (Code of Virginia 45.1-231)
  • Vendor proprietary information regarding computer software. (U.S. Copyright Law)
  • The Department of State Internal Auditor will release any hotline complaint investigation data. (Code of Virginia 2.2-3705:43)
  • Annual reports submitted to DMME under the Mineral Mine Safety Act regarding tonnage, hours worked and mining methods. (Code of Virginia 45.1-

161.292:35.C)

There are general exemptions under Section 2.2-3705 of the Virginia Freedom of Information Act, including the following:

  • Memoranda, correspondence, evidence, and complaints related to criminal investigations, including internal administrative investigations that could lead to criminal charges.
  • Any writing protected by attorney-client privilege.
  • Memoranda, working papers, and records compiled specifically for use in litigation.
  • Security manuals and other materials containing information vital to agency security, including security of computer systems and telephone systems.
  • Memoranda, legal opinions, working papers and records recorded or compiled exclusively for a closed session of an appointed board.
  • Computer software developed by a state agency. And vendor proprietary information software which may be in the official records of a public body.
  • Appraisals and cost estimates of property being considered in pending sales or leases.
  • Information furnished to the State Auditor of Public Accounts, the Joint Legislative Audit and Review Commission, and the State Internal Auditor on pending investigations.
  • Personnel records containing information concerning identifiable individuals unless the person that is the subject of the personnel records waives, in writing, this protection.
  • Tests and examinations prepared or used to evaluate the qualifications of an applicant for a certificate, license, employment, retention, or promotion.
  • Investigative notes and other correspondence and information furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Personnel and Training.
  • Working papers, and correspondence prepared for or by the Office of the Governor, Lieutenant Governor; the Attorney General; the members of the General Assembly or the Division of Legislative Services; the mayor or chief executive officer of any political subdivision of the Commonwealth; or the president or other chief executive officer of any public institution of higher education.
  • Proprietary records submitted by private energy suppliers to DMME which are used for contingency planning or for compiling statistical information on suppliers.

Mine Inspection Report Review GuidelinesDoc ID: DM-G-16183

Original: 203 words
Condensed: 203 words
Reduction: 0.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 8 MINE INSPECTIONS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.83.

Review of Inspection Reports and Records

The inspector will review the most recent available MSHA inspection reports. This may require obtaining records directly from MSHA. This will assist the DM inspector in obtaining a more complete understanding of the mining conditions and practices at the mine which could affect safety performance and compliance.

“Prior to commencing an inspection” does not require the inspector to review all mine reports and records prior to covering areas of the mine that the inspector may feel need immediate attention. However, the inspector should make every effort to review the reports and records as early in the inspection as possible. This will assure the inspector has identified any recorded violations pursuant to the MSA, and familiarize him with any changes relating to safety and health conditions at the mine. This does not require “comprehensive” review of mine reports and records during other inspections. However, during any inspection that the mine reports and records may be considered relevant to the inspection or investigation, the inspector should review them.

Freedom of Information Act ProceduresDoc ID: DM-P-10803

Original: 558 words
Condensed: 374 words
Reduction: 33.0%

DIVISION OF MINES

CHAPTER: VIII Customer Assistance

PROCEDURES MANUAL

DIVISION OF MINES PROCEDURE NO: 1.08.03 ISSUE DATE: January 1, 1997 SUBJECT: Requests Through The

LAST REVISED: 10/00; 04/30/02;08/05

Freedom of Information Act

OBJECTIVE AND INTENT

To ensure that all DM field personnel understand and respond to all Freedom of Information Act (FOIA) requests in accordance with legal and DMME requirements in a timely and professional manner which meets customer needs and expectations.

GENERAL

All written or printed books, papers, letters, documents, maps, tapes, photographs, films, sound recordings, reports, or notes (to include E-mail notes printed or saved) that are in the possession of a public body or any employee or officer of a public body in the transaction of public business are considered official records and are subject to provisions of the Freedom of Information Act.

PROCEDURE

1. REQUEST FOR OFFICIAL RECORDS

 DM receives numerous requests for information. These requests are received in writing, orally by telephone, and in person at the DM offices or in the field. Requests for information should be discussed with your supervisor prior to distribution. This would not include information provided to a mine operator concerning his/her mine, unless there are questions or a large volume of copies involved. All requests must be cleared by the Public Relations Manager, either by computer notes or a copy of the request.

 The Freedom of Information Act allows up to five working days to respond to a request for information, with additional days allowed when justified. The period of time begins when the request is received by the office or an employee of the Department. This includes requests received by field personnel. If requests are unclear to the person receiving the request (by telephone or in person), the requester should be asked to put the request in writing, preferably on a DMME-IR-1 form. In order to keep a record of the FOIA request, the DMME-IR-1, or a written statement shall be placed in the FOIA file in the Big Stone Gap or the Keen Mountain office. NOTE: Requests must be made with “reasonable specificity”, but does not need to make reference to the FOIA.

Rv. 10/00; 08/05

1-2

2. FEES FOR REQUESTED INFORMATION

 No charge is required for the first $5.00 of photocopied materials, maps, or computer printouts per visit, unless the DMME public relations manager determines this privilege is being abused. Charges are 25 cents per page for black and white copies, one dollar per page for color copies, and 10 cents per page for computer printouts.

Charges for copies of maps and drawings larger than 8.5” x 14” vary.

3. INFORMATION EXCLUDED FROM THE FOIA REQUEST

 The Mine Safety Act, under Section 45.1-161.97 D, excludes the Department from disclosing the identity of any person who reports an alleged violation and any individuals identified in an alleged violation of the Mine Safety Act.

 For other information exempted from disclosure, refer to the Department’s procedures on responding to Requests For Information.

4. DENIAL OF PUBLIC ACCESS

 Any decision to deny public access to agency records, whether fully or partially, must be approved by the DMME Public Relations Manager prior to informing the party that the request is denied. Explanation of denial to release documents shall be in writing with specific reference to the statutory exemption.

Rv. 10/00; 4/02; 08/05

2-2

Permit Review Procedures for Mined Land ReclamationDoc ID: DMLR-G-03-01

Original: 900 words
Condensed: 696 words
Reduction: 22.7%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 3-01 Issue Date 12/12/01 Subject: Permit Applications / Priority Reviews

The Department of Mines, Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR) through this guidance memorandum is implementing new permit review procedures.

Each new permit, revision, and renewal application shall be completed on form DMLR-PT-034e, as revised on 10/01. Operator and permittee information shall be completed on forms DMLR-PT034o and DMLR-PT-034p, both revised 2/01. These forms may be obtained from the DMLR and from the DMME’s web page at http://www.mme.state.va.us/Dmlr/default.htm (Maps/Forms for Downloading).

The following will expedite the permit application review process:

  1. The applicant/consultant will contact the DMLR Permit Section at (276) 523-8205 or dmlrPermitting@mme.state.va.us to obtain an application number and data download. The DMLR will then send the applicant/consultant the latest version of the electronic application and GIS coverage data contained in the DMLR technical database. The download is normally sent by e-mail, but a paper copy may be printed out, at your request. (Note: With an electronic application the data download to the applicant or consultant will be immediate. For paper applications, the data download delivery may take 3 to 4 days.)
  1. The submittal of electronic applications is preferred; however, paper applications will still be accepted. (Please note the following section concerning priority reviews.)
  1. The applicant/consultant must contact the area inspector for a review of the application and data upload prior to submitting the application to the DMLR office. The area inspector will transmit all initial submittals of electronic applications to the DMLR office. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM No. 3-01 Issue Date 12/12/01 Subject: Permit Applications / Priority Reviews Page 2

  1. All applications (paper or electronic) will be routed to the technical reviewers.

All discrepancies (data or technical) will be noted during the application review and checked for corrections when the application is re-submitted to the DMLR.

  1. All proposed excess spoil and other fills must be shown on the application map.

The applicant/consultant may also show these structures on other maps.

Priority Review

Priority reviews will be limited to electronic applications.

In order to expedite the priority review process for an application, the applicant or consultant must comply with the following guidelines:

  • New Applications, Acreage Amendments, Significant Revisions - After receiving a second technical review comment letter, the applicant/consultant must contact the Division and request a meeting to resolve comments.
  • Minor Revisions - After receiving a first technical review comment letter, the applicant/consultant must contact the Division and request a meeting to resolve comments.
  • For Applications to remain in priority status - the applicant/consultant must submit the application by the deadline set by the Division.

Information regarding the mapping components of the priority review must be submitted in a digital format along with the required paper maps. The digital file format must be an AutoCAD drawing file (DWG) or an export file (DXF). The file must consist of 14 layers that are named accordingly:

Layer Name Description Feature Type Permit_BND Approved permit boundary on file Closed Polyline with VA DMLR Revised_BND Area being added and/or deleted by Polyline this priority review request Relinquished_BND If applicable, the approved permit Closed Polyline boundary on file with VA DMLR Relinquished_Revised_BND If applicable, the area being Polyline relinquished to or from by this priority review request PMU_BND Approved PMU boundary on file Closed Polyline with VA DMLRGUIDANCE MEMORANDUM No. 3-01 Issue Date 12/12/01 Subject: Permit Applications / Priority Reviews Page 3

PMU_Revised_BND Area being added and/or deleted by Polyline this priority review request Fill_BND All fills currently approved by VA Closed Polyline DMLR Fill_Revised_BND New fills, extensions, and any type Polyline of modifications by this priority review request Instream Instream Monitoring Sites Point (Size 25) Groundwater Groundwater Monitoring Sites Point (Size 25) NPDES NPDES Monitoring Sites Point (Size 25) Rainfall Rainfall Gauge Location Point (Size 25) Geodata Geologic Sampling Sites Point (Size 25) Reference_Tics Four (4) digitizing tics Point (Size 25) encompassing all features shown in the drawing file. Each tic must be labeled with the appropriate VA South State Plane NAD 27 coordinate value.

Reference Tics layer is not required if the digital file is referenced to the Virginia South State Plane NAD 27 Coordinate System. The basemap component of the Application/Revision is not required in a digital format. Transfer of the digital file to DMLR can be done via email, 3.5 floppy, SuperDisk, or compact disc (CD). If you have any questions regarding the digital file submittal, please contact Douglas Mullins or Scotty Cox at (276) 523-8255 or email dsm@mme.state.va.us, sxc@mme.state.va.us.

Should you have any questions regarding the application review process or priority review, please contact Gary L. Egan, Reclamation Program Manager, at (276) 523-8202 or email gle@mme.state.va.us.

Remining Incentives and Bond ReductionDoc ID: DMLR-M-4-98

Original: 117 words
Condensed: 89 words
Reduction: 23.9%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 4-98

Remining Incentives (issued 7/10/98, updated 10/1/01)

A permittee can qualify for a reduction in the responsibility period for successful revegetation by clearly distinguishing between remined areas and the other areas of the permit.

The timing of bond release on the remined segments can be reduced from 5 to 2 years following the date of last augmented seeding. In order to qualify for the other incentives, a permittee or applicant must provide the applicable information required under Part 4 VAC 25-130-785.

Remining incentives cannot apply to an existing permit until a permit revision is submitted and approved.

Coal Mine Worker Certification GuidelinesDoc ID: DM-G-16130A

Original: 195 words
Condensed: 172 words
Reduction: 11.8%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 3

CERTIFICATION OF COAL MINE WORKERS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.30. A.

Performance of Certain Tasks by Uncertified

Persons; Penalty

To perform duties requiring certification under provisions of the MSA, a person must possess the valid certification required and issued by the Board of Coal Mining Examiners.

If an uncertified person is found to be performing any task requiring certification by the Board of Coal Mining Examiners, a separate notice of violation shall be issued to the person performing the task and to the operator or his agent. If an examination required by the MSA was performed by an uncertified person, the examination should be considered invalid and those miners affected by the examination removed from the area until the required examination is performed by a properly certified person.

Since performance of certain tasks by uncertified persons constitutes a Class 1 misdemeanor, all violations of the section of the MSA must be thoroughly investigated and documented by the inspector, and reviewed with the inspector supervisor for possible referral to the Commonwealth Attorney.

Mineral Mining Enforcement ProceduresDoc ID: DMM-P-28

Original: 970 words
Condensed: 727 words
Reduction: 25.1%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.8.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Special Orders/Notices of Violation Section Enforcement Last Revised

OBJECTIVE AND INTENT:

Complete, accurate, and consistent reporting of enforcement actions is important in maintaining a record and history of violations on each mine permit/license site.

PROCEDURES:

Special Orders:

  • Work required by the Special Order will be discussed by the mine inspector with the operator or his representative in the field at the time of issuance where practical.
  • Special Orders will be issued on the DMM Notice/Order form (DMM 104b). All blanks on the form will be filled in with the appropriate information or NA to indicate “non-applicable”.
  • An “S” will be written in the column labeled “NOS” and the numerical tally of Special Order for the year will be placed in the column labeled “N/O No.”
  • The mine inspector will allow the operator sufficient time for completion of the require remedial work. Additional time will be added to allow for mailing of the Special Order; normally three (3) days.

• Under the column labeled “Description”, the following information will be included:

∗ Location and description of the Violation; ∗ Remedial action required to comply or abate the violation.

  • When determined by the mine inspector to be necessary, photographs will be taken of the violations requiring a Special Order and the photograph will be documented in accordance with DMM Policy 2.16. Note! It should be remembered that issuance of a Special Order can lead to a bond forfeiture, therefore proper documentation of the violation is essential.
  • It may be necessary for the mine inspector to issue Special Orders requiring interim steps to prevent further environmental degradation until full compliance can be achieved.
  • The mine inspector will distribute copies of the Notice/Order form in the same manner as that outlined for the Inspection Report in DMM Policy 2.7.
  • The mine inspector will terminate Special Orders using the Notice/Order form and will include the following information in the “Description” section of the form:

∗ Location and description of the violation ∗ Work done to comply the Special Order

  • The mine inspector may extend or modify a Special Order when mitigating circumstances warrant such an action. The mine inspector will include the justification for any extension or modification of the Special Order on the Notice/Order form .
  1. 8-1 DIVISION OF MINERAL MINING PROCEDURE NO. 2.8.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Special Orders/Notices of Violation Section Enforcement Last Revised
  • Special Orders will be tracked by the mine inspector and appropriate action taken within five working days after the expiration date of the order.

Notice of Violation:

  • The mine inspector will issue all Notices of Violation on the Notice/Order form (DMM 104b)
  • All information required on the form will be completed in full.
  • An “N” will be written in the column labeled “NOS” An “N” will be written in the column labeled “NOS” and the numerical tally of Notice of Violation for the year will be placed in the column labeled “N/O No.”
  • When issuing a Notice of Violation to an operator, independent contractor, or individual , the mine inspector will include the following information:

∗ In the box marked “Office Use” the permit number (“P.N.”) and mine name (“Mine”) at which the violation took place will be identified.

∗ The issuing mine inspector will place his initials in the space marked “INS”, and the date that the violation was issued will be placed in the space indicated.

• Under the column labeled “Description”, the following information will be included:

∗ Location and description of the Violation; ∗ Remedial action required to comply or abate the violation.

  • The mine inspector will distribute copies of the Notice/Order form in the same manner as that outlined for the Inspection Report in DMM Policy 2.7 with the following exception:

∗ When a Notice of Violation is issued to an independent contractor or individual on a mine site, the mine inspector will provide the operator of the mining company with a copy of the Notice/Order form for his records.

  • Notices of Violation may be modified, or continued under certain conditions. Where such actions are appropriate, a detailed justification for granting the modification or extension will be provided on the Notice/Order form, or in the body of the Inspection Report accompanying the Notice/Order form.
  • Re-inspection of the mine operation will take place within five working days after the expiration date of the order to determine if the Notice of Violation has been complied.
  • The Mine Inspector will terminate the Notice of Violation If the operator has completed the required work stated in the Notice. Termination will be documented on a Notice/Order form accompanied by an Inspection Report.
  • If an operator fails to comply a Notice of Violation within the prescribed abatement period the Mine Inspector will issued a Closure Order in accordance with the Mine Safety Act. The
  1. 8-2 DIVISION OF MINERAL MINING PROCEDURE NO. 2.8.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Special Orders/Notices of Violation Section Enforcement Last Revised

abatement period will not be considered expired until after the last full day for compliance has passed or until the time limit in the NOV has expired.

Data Entry:

  • While entering the Inspection Report into the Mineral Mining System, the Mine Inspector will also enter data for Special Orders, Notices of Violation, Notices of Non-compliance, and Closure Orders into the “Violation/Correction/Modification Data Entry” screen (DMM.VISS.00)
  • The Mine Inspector will write the computer generated “Violation Number” next to its corresponding Notice or Order on the original copy to be submitted to the DMM office.
  • Mine Inspector’s distribution and time for submittal of Notice/Order forms will follow the procedures found in DMM Policy 2.7: Data Entry.
  • Upon receipt of the Notice/Order forms in the DMM office, the Program Support Technician will file the forms in the individual permit files.
  1. 8-3

Guidelines for Independent Contractors in MinesDoc ID: DM-G-1618A

Original: 177 words
Condensed: 168 words
Reduction: 5.1%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 1 GENERAL PROVISIONS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.8.

Definitions “Operator”

Independent Contractor as an Operator

In order to recognize the separate existence and thus, responsibility of an “independent contractor”, the Division must have documentation of that existence. Without such documentation the inspector should consider that the licensed mine operator is the party solely responsible for the mine. With the necessary identifying information, the inspector should determine the area and degree of responsibility among the separate entities operating on the mine site.

The licensed operator must provide the inspector with the following information to establish the existence of an independent contractor on the licensed mine site:

  • The contractor’s name, business address and business telephone number.
  • A description of the scope of the work being performed by the contractor on the mine site.
  • The contractor’s MSHA identification number, if any.
  • The contractor’s address of record for service of citation or other documents related to mine activities.

Pollution Control Equipment Certification ProceduresDoc ID: DMLR-P-3601

Original: 409 words
Condensed: 375 words
Reduction: 8.3%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 6.01

PROCEDURES MANUAL ISSUE DATE March 12, 1997 SUBJECT Certification of Pollution Control Section Enforcement Equipment Last Revised 4-15-96

OBJECTIVE AND INTENT :

To ensure the agency properly certifies to the Virginia Department of Taxation (per the 1995 amendment to Va. Code 58.1-3660), that certain equipment, devices, facilities, or materials identified by companies conducting coal surface mining and reclamation operations are used primarily in the abatement or control of pollution.

Virginia Code 58.1-3660(B) - “Certified pollution control equipment and facilities” ... shall mean any property, including real or personal property, equipment, facilities, or devices used primarily for the purpose of abating or preventing pollution of the atmosphere or waters of the Commonwealth and which the state certifying authority having jurisdiction with respect to such property has certified to the Department of Taxation as having been constructed, reconstructed, erected, or acquired in conformity with the state program or requirements for abatement or control of water or atmospheric pollution or contamination."

PROCEDURES :

From time to time, the DMLR may receive a request from a coal company to certify to the Department of Taxation that certain equipment and facilities are being used for the abatement or control of pollution. The request shall be routed to the Reclamation Services Manager (RSM).

The RSM shall record the request and forward a copy to the appropriate Reclamation Field Inspector for verification of the items listed.

The Inspector shall:

  • visit the permit site to confirm the presence of the listed items; and to verify whether they are used primarily (50% or more use) for abating or preventing pollution of the atmosphere or waters of the Commonwealth.
  • complete the certification checklist (DMLR-DT-000), and forward it to the RSM.

Upon receipt of the Inspector’s report, the RSM shall determine whether any of the items listed by the company cannot be certified. If any item cannot be certified, a letter notifying the company of the problem items will be sent to the appropriate company official. The company may submit a corrected list to the RSM.

When the RSM determines that the list of items may be certified, a letter shall be sent to the Department of Taxation which specifically identifies the certified items. A copy of the certification letter shall be sent to the company.

The RSM shall ensure that all documentation and agency responses (from the initial request through final disposition) for each certification request are tracked and maintained. 1

Virginia Coal Mine Surface Blaster CertificationDoc ID: DM-C-SB

Original: 289 words
Condensed: 218 words
Reduction: 24.6%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS

CERTIFICATION REQUIREMENTS

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20 (VR 480-04-2), which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Surface Blaster This certification authorizes the holder to perform blasting operations and to record blasting examination information concerning blasting operations at surface mines.

NOTE: This certification shall not be used in lieu of any other certification.

APPLICATION/EXPERIENCE REQUIREMENTS: Application (BCME-1) and $10.00 fee 5 working days prior to examination One year blasting experience on a surface mine under the direction of a certified surface blaster or appropriately related work experience approved by the Chief of the Division of Mines Current first aid training (MSHA first aid 5000-23 acceptable)

EXAMINATION REQUIREMENTS: A score of 85% on each element of the examination

ELEMENTS OF EXAM NUMBER OF QUESTIONS Mined Land Reclamation Rules & Regs. (DMLR) (MR) 20 Blasting Practices (BP) 20 Electric Blasting (EB) 20 Explosive Products (EP) 20 Explosive Safety Procedures (ES) 20 Rules & Regulations (DM) (RR) 20 First Aid (MM) 20

RECOMMENDED REFERENCE/STUDY MATERIALS: Title 30 CFR Surface Blasters Study Guide Mining Laws of Virginia DMLR Rules & Regulations BCME Requirements MSHA (Basic First Aid) Manual 3

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 5 year DMLR recertification required

Revised 04/10/01

Safety and Reclamation Complaint ProceduresDoc ID: DMM-P-212

Original: 678 words
Condensed: 434 words
Reduction: 36.0%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.12.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Safety/Health/Reclamation Complaints Section Enforcement Last Revised 09/21/95

OBJECTIVE AND INTENT:

An established policy in the handling of both safety and environmental complaints is necessary to provide for a consistent and impartial response to these investigations.

PROCEDURES:

Notification from Complainant:

  • The DMM personnel who receives notification of a safety, health, or reclamation complaint, whether in the DMM Office or in the field, will obtain the following information from the complainant:

∗ date and time of notification, ∗ name, address, and telephone number of complainant, unless they request to remain anonymous; ∗ nature of complaint and whether the condition poses imminent danger; and ∗ name, permit number, and location of mining site.

Notification of DMM Personnel:

  • If the complaint is received in the DMM Office, the Permit Section Program Support Technician or the Environmental Engineer Consultant will be provided the above information for entry into the Mineral Mining System/Complaint Tracking screen (DMM.CMSS.01).
  • The person entering the information will then immediately notify the area mine inspector or his supervisor of the complaint. This contact will be made by telephone if possible.
  • If the complaint is received by the area mine inspector or the mine inspector supervisor, they will gather the information and enter it into the Mineral Mining System/Complaint Tracking screen.
  • The complaint information will be forwarded to the appropriate DMME/DMM personnel through the DMME computer network as instructed on the Complaint Tracking screen.
  • The mine inspector will use the Complaint Tracking Number assigned to the complaint by the computer system on all Inspection Reports and other documentation regarding the investigation.

Arrival at the Mine Site:

  • The mine inspector will contact the complainant as soon as practical, but no later than 5 working days after the initial complaint is registered, to begin the complaint investigation.
  • The mine inspector will review the complaint with the complainant and any additional information pertaining to the complaint will be recorded on the Complaint Investigation Form (DMM-104f).
  1. 12-1 DIVISION OF MINERAL MINING PROCEDURE NO. 2.12.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Safety/Health/Reclamation Complaints Section Enforcement Last Revised 09/21/95
  • Upon arrival at the mine site, the mine inspector will inform the operator or his agent in charge of the mining operation of the nature of the complaint and the intention to conduct an investigation.
  • When investigating a safety complaint, the mine inspector will make effort to conduct the inspection so as not to divulge or direct attention to the complainant who will remain anonymous. This may require the inspection of a variety of equipment and areas other than those indicated in the original complaint.
  • The mine inspector will determine the conditions in the inspected areas of the mine and issue the appropriate violations or orders when necessary.
  • The mine inspector will document the findings of their investigations on the Complaint Investigation Form (DMM-104f).

• The mine inspector will distribute the Complaint Investigation Report, in the following order:

∗ the original with the complainant information will be submitted to the DMM office; ∗ the first copy will be sent to the operator or his agent at the affected mine site; ∗ the second copy will be placed in the mine inspector’s field file for the affected mine site; ∗ the third copy will be hand delivered or mailed to the complainant, if name and mailing information have been provided by them; and ∗ the final copy will be mailed to the mine inspector supervisor in the weekly mailing of other inspection documents.

  • The mine inspector will distribute any corresponding Inspection Reports and Notice/Order forms generated during the complaint investigation in accordance with DMM Policy 2.7.

Data Entry:

  • The mine inspectors will enter any complaint data pertaining to actions taken on the Complaint Investigation in the Complaint Tracking screen (DMM.CMSS.01).
  • The Permit Section Program Support Technician will file complaint investigation reports in the individual permit files. Safety complaint investigation reports containing confidential information, such as the complainants name, telephone number, or address, will be placed in a special confidential folder contained within the permit file.
  1. 12-2

Guidance on Abandoned Mined Land Coal RecoveryDoc ID: DMLR-M-31-10

Original: 1,038 words
Condensed: 704 words
Reduction: 32.2%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 31-10 Issue Date: August 16, 2010 Subject: Abandoned Mined Land Refuse/Gob Piles – Exploration and Recovery

Prior to August 3, 1977, past mining operations had created abandoned mine land (AML) coal refuse or gob piles throughout the Virginia coalfields. These disposal sites have caused or pose significant environmental and/or public health and safety hazards.

With evolving technology, coal can now be recovered and processed from these areas, eliminating the adverse environmental impacts. If the refuse/gob piles are unlikely to be reclaimed through a coal surface mining permit, some operators or contractors have entered into AML enhancement contracts with the Division to recover coal as the amount of coal present is not economically recoverable under a coal surface mining reclamation operation permit.

As the commercial market for coal expands, the Division has seen more on the ground prospecting activity at some refuse/gob pile sites. In order to ensure the exploration/prospecting operations are conducted in an environmentally sound manner and appropriate measures are taken to protect the public health and safety, the Division has developed this guidance memorandum to assist the person who may wish to pursue the commercial coal recovery from such areas.

Depending on the location, size of the refuse/gob pile, and quality and quantity of recoverable coal, operators must determine the commercial viability of recovering coal through an AML enhancement contract or a coal surface mining permit. Questions concerning the applicability of an AML enhancement contract may be directed to the AML Projects Coordinator at 276.523.8216 or the local Reclamation Field Inspector. Should the site not be eligible for an AML enhancement contract, the inspector can advise the operator of the permitting process.

Should an operator/contractor desire to conduct coal exploration activities, a coal exploration notice or permit must be obtained from the Division prior to any land disturbing activity under Part 4VAC25-130-7722 of the Virginia Coal Surface Mining Reclamation Regulations. The performance standards under § 4VAC25-130-815.15 would apply to any exploration operation activities that substantially disturb the natural land surface. 1 This Memorandum is to be considered guidance issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 The requirements for a coal exploration notice as set out under §§4VAC25-130-772.11, 4VAC25-130-772.13, and 4VAC25-130-772.14 of the regulations. Those for the coal exploration permit are addressed in §§4VAC25-130-772.12, 4VAC25-130-772.13, and 4VAC25-130-772.14 of the regulations.

GUIDANCE MEMORANDUM1 No.

Issue Date:

Subject: Abandoned Mined Land Refuse/Gob Piles – Exploration and Recovery

Page 2 of 2

Commercial Use or Sale

Any person who intends to commercially use or sell coal3 extracted during coal exploration operations must first obtain a coal surface mining permit under Parts 773 through 785 of the regulations.

However, except as provided under 4VAC25-130-772.14(b), and with the prior written approval of the Division, a coal surface mining permit would not be required if the commercial sale or use of the coal is for coal testing purposes only. .

Under a coal exploration notice or permit, the person seeking to use or sell the coal for testing purposes would have to submit an application for Division approval. The application must demonstrate the coal testing is necessary for the development of a coal surface mining permit application that will be submitted in the near future or for consideration as an AML enhancement project, and that the coal extracted is solely for testing purposes. The application4 must contain –

  1. The name of the testing firm and locations where the coal will be tested.
  2. Statement from the intended end user or the agent/broker that provides the – a. Specific reason for the test, including why the coal may be so different from the intended user’s other coal supplies as to require testing. b. Amount of coal necessary for the test and why a lesser amount is not sufficient. c. Description of the specific tests that will be conducted.
  3. Evidence the coal to be removed is not the total reserve, but is a sampling of a larger reserve.
  4. An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the coal quality and/or feasibility of developing a surface coal mining operation.

AML Enhancement Projects

AML Enhancement projects are government financed construction projects wherein proceeds from the sale of incidental coal5 is used to offset the cost of reclamation. As these are accomplished as government financed abandoned mine land projects, coal removal from the project does not require a coal surface mining permit. The level of government financing is less than 50% of the project cost, and typically only pays for planting trees on the reclaimed site. If coal is being removed under an AML enhancement contract, the terms and conditions of that contract shall apply. For AML enhancement projects at which DMME has not previously accomplished reclamation, the contractor typically has the option to remove 5,000 tons of marketable material. Should the operator/contractor decide to continue after the 5,000 marketable tons threshold, the company assumes liability for complete reclamation of the project. Should the operator/contractor decide not to continue the project after the 5,000 marketable tons threshold, the company is only responsible to reclaim the area that has been disturbed.

Should you have any questions regarding this guidance document or the topics of this memorandum, please contact your area Inspector, the Reclamation Services Manager at (276) 523-8197, or the Technical Services Manager at (276) 523-8156. 3 Also refer to the applicability requirements under §4VAC25-130-700.11 VCSMRR 4 See §4VAC25-130-772.14(b) VCSMRR. 5 Incidental coal is that coal which is an engineering necessity to recover during the progress of reclaiming the abandoned mine land feature.

Permit Transfer Requirements for Mined LandDoc ID: DMLR-G-09-04

Original: 1,417 words
Condensed: 1,160 words
Reduction: 18.1%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 9-04 Issue Date: February 17, 2004 Subject: Requirements for Permit Transfer

In order to expedite the review process and to incorporate this activity into the electronic permitting process, this memorandum identifies the information that is needed in an application for permit transfer.

The application for permit transfer (succession) should contain forms: DMLR-PT-034p, DMLR-PT-034e, and DMLR-PT-034o (only if adding an operator).

DMLR-PT-034p Complete all items concerning the permittee information.

DMLR-PT-034e a. Answer ALL the Yes/No questions throughout the application as they pertain to the existing permit. b. Include the appropriate code (A, C or D) to information contained in the following items:

  1. 1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.12, 4.2, 5.3, 5.7, 5.12, 5.15, 7.1, 7.6, 10.3, 11.2, 12.2, 14.1, and 17.1. c. Complete all information in Sections I, II, III, V, XIX and XXI.

Section II -d. Include a current certificate of liability insurance, and rider (4 VAC 25-130-778.18 and 4 VAC 25-130-800.60) - attach in Item 2.5. e. Include a sample public notice (example attached) - attach in Item 2.6. f. Include the original Certificate of Publication2 - attach in Item 2.7. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 Upon obtaining a publication number from the field inspector, the public notice should be published in a newspaper of general circulation in the locality of the operation for one (1) week. A 30-day public comment period will commence on the date of the publication. A copy of the application should be at the DMLR’s Big Stone Gap office on the first day of publication. The original Certificate of Publication is to be submitted as an attachment in Item 2.7.

GUIDANCE MEMORANDUM No. 9-04 Issue Date: February 17, 2004 Subject: Requirements for Permit Transfer Page 2 Section III -g. Include a completed relinquishment form (DMLR-PT-027) - attach in Item 3.13.

Section V -h. Include a completed DMLR-PT-128 (NPDES application form) - attach in Item 5.15.

Section XIX -i. Include a completed Coal Surface Mining Reclamation Fund3 application form (DMLR-PT-162), if applicable - attach in Item 19.1. j. Include a brief narrative describing the bonding plan and amounts - attach in Item 19.1.

Section XXI k. Include a notarized statement that the applicant will assume the terms and conditions of the original permit # ____________, presently permitted to ______________________ -attach in Item 21.1. l. Include a notarized statement that the new permittee will abate any existing violations within a period acceptable to DMLR - attach in Item 21.1. m. Include a proof of consummation (example attached: Section 4 VAC 25-130-774.17 (e)(2)) - attach in Item 21.1.

NOTE: Items “k, l, and m” may be included in one document and attached in Item 21.1). n. Include a completed application certification form (DMLR-PT-034d) - attach in Item 21.1. o. Include a certified map that identifies the remaining coal reserves (underground only) -attach in Item 21.2.

DMLR-PT-034o Complete all items concerning the operator information as requested.

Note: If a new operator is being added at the time of transfer, the appropriate information should be included in the public notice. If an existing operator is to be removed, that should be done prior to getting the data download for the transfer application.

The transfer application material should be completed and submitted to the Inspector for review. This would include the electronic copy along with the package containing the original signature documents. If the application is submitted in paper format the original and one copy should be submitted.

After review of the application material and completion of the public comment period, the following items will be required for final decision on the permit transfer application: 3 The company may apply to participate in the Coal Surface Mining Reclamation Fund if coal production will occur under the new permit.

GUIDANCE MEMORANDUM No. 9-04 Issue Date: February 17, 2004 Subject: Requirements for Permit Transfer Page 3 i. A current original affidavit for proof of payment of reclamation fees (DMLR-PT-244) (a new affidavit is required for the previous quarter, 30 days following the end of that quarter) ii. Replacement of bond (current bond will be released to the original permittee when the transfer application is approved and bond replaced). iii. Permit fees at $26.00 per acre and any portion thereof. iv. Reclamation fund entrance fee (4 VAC 25-130-801.12(a)), if applicable. v. Original ownership and control affidavits (DMLR-PT-240).

ADDITIONAL NOTES:

  • If a permit renewal application is currently in review, the renewal should be approved prior to requesting a data download for the transfer application.
  • If a permit renewal application is submitted while a transfer application is being reviewed, the Division’s decision on the permit renewal application will be made first. The transfer application would have to be updated to reflect any changes made as a result of the renewal application approval.
  • If there are two or more applications submitted for the permit being transferred (e.g., transfer or revision applications):  If the transfer application is approved and processed prior to the Division’s decision on the other application(s), the pending application(s) will be denied. The applicant or consultant would need to obtain a new data download for the pending application(s) using the new permit number.  If the additional application(s) is/are approved and processed (for the existing permit) prior to the Division’s decision on the transfer application, the applicant or consultant will be directed to incorporate the new data from the approved application(s) into the transfer application (in order to ensure all data has been captured).

Should you have any questions regarding permit transfer process or the electronic permitting requirements, please contact the Division of Mined Land Reclamation’s Reclamation Program Manager at (276) 523-8202.

GUIDANCE MEMORANDUM No. 9-04 Issue Date: February 17, 2004 Subject: Requirements for Permit Transfer Page 4 BASIC PUBLIC NOTICE FORMAT (1 week/30 day comment)

EXAMPLE - Transfer, Assignment, Sale of Permit Rights - Application

PUBLIC NOTICE

APPLICATION FOR TRANSFER,

ASSIGNMENT, OR SALE OF PERMIT RIGHTS

UNDER CHAPTER 19, TITLE 45.1 OF THE CODE OF VIRGINIA

PUBLICATION NUMBER: (Company Name and Business Address) is applying for the transfer, assignment, or sale of the permit rights of (Current Permittee and Business Address) concerning Permit No. located in County (Precise Location) as provided by 4 VAC 25-130-774.17 of the Virginia Coal Surface Mining Reclamation Regulations.

Any person with a valid legal interest which might be adversely affected by this application to transfer, assign, or sell the permit rights of the aforementioned permit, may within 30 days of (Date of Publication) submit written comments concerning the application to the Division of Mined Land Reclamation. All correspondence concerning the application should be submitted to the attention of the Division of Mined Land Reclamation’s Permit Section at Post Office Drawer 900; Big Stone Gap, Virginia 24219. Written comments may be e-mailed to the Division at DmlrPublicNotice@dmme.virginia.gov.

Questions concerning the application review process may be directed to the Permit Section at (276) 523-8202.

DMLR-PT-219 8/96 GUIDANCE MEMORANDUM No. 9-04 Issue Date: February 17, 2004 Subject: Requirements for Permit Transfer Page 5

EXAMPLE:

Proof of Consummation

The purpose of this succession application is to transfer Virginia Division of Mined Land Reclamation Permit Number xxxxxxx from (Relinquishing Company Name) to (Succession Company Name).

The application (#xxxxxxx) is based upon an (agreement, contract, lease, etc.) dated (Date) between (Relinquishing Company Name) and (Succession Company Name) to:

  • Assume the terms and conditions of listed Virginia Division of Mined Land Reclamation permit.
  • Bond xxxxxxx acres by (type of bond, surety, letter of credit, CD, etc.)
  • Abate any existing violations associated with the listed Virginia Division of Mined Land Reclamation permit in a timely manner.

Signed: ____________________________________ Title: _________________________

Subscribed and sworn/affirmed to before me by ____________________________________ this ____ day of ___________________, 20_____, in the State of ____________________ City/County of _______________________ . ____________________________________ My Commission Expires ______________ Notary Public Signature

(attach SEAL)

Archaeological and Historic Site Notification GuidelinesDoc ID: DMLR-M-11-82

Original: 161 words
Condensed: 138 words
Reduction: 14.3%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 11-82

Archaeological Sites or Historic Places (issued 6/7/82, updated 10/1/01)

The Virginia Department of Historic Resources (VDHR) should be contacted for a determination of the archaeological significance of the area proposed for a coal surface and reclamation permit (http://www.dhr.state.va.us/ ). The contact will aid the company in addressing the information requirements of §4 VAC 25-130-761.12(f) of the Virginia Coal Surface Mining Reclamation Regulations. The following information should be provided to VDHR to assist its research –

  1. Delineation of the area disturbed within the proposed mining area;
  2. Information on the slope grade (in per cent) of the proposed area to be affected by the mining operation; and,
  3. A 7.5 minute quadrangle topographic (USGS) map – quad identified - outlining the proposed mining operation.

A copy of correspondence sent to VDHR should be incorporated into the coal surface mining and reclamation permit application.

Monthly and Quarterly Reclamation Reports SubmissionDoc ID: DMLR-P-3103

Original: 594 words
Condensed: 565 words
Reduction: 4.9%

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.1.03

PROCEDURES MANUAL ISSUE DATE 4/10/2015

SUBJECT Monthly/Quarterly Reports Section Reclamation Services Last Revised April 17, 2006

OBJECTIVE AND INTENT:

To ensure the Field Inspector and Supervisor prepares, maintains, and timely submits accurate reports.

PROCEDURES:

To ensure timely processing, the following shall be submitted to the Field Supervisor -

AML/Reports Prepared by Field Inspector

Item Submittal Date AML/ inspection reports within a week of completion of inspection report

AML invoices/ within five working days of receiving the invoice from BSG.

AML complaint investigation report sent to field supervisor within 10 days of receipt of complaint AML project closeout (Form AML-171) within a week of final site inspection with supervisor AML change order inspection report and 2 original change orders immediately

Enforcement/Reports Prepared by Field Inspector

Item Submittal Date Enforcement inspection reports sent to operator and uploaded within 5 working days Enforcement actions (NOV, RON, CO) sent to field supervisor within 5 working days* Complaint investigation report sent to field supervisor within 10 days of receipt of complaint

  • Supervisor must submit enforcement actions to the Assessment Officer within 5 days of receipt

Monthly Reports Prepared by Field Inspector:

Item Submittal Date Mileage reports (include log sheet/receipts) sent to field supervisor and procurement officer by end of 5th work day of new month Inspector’s Monthly Self-evaluation report (OPTIONAL) Sent to field supervisor any time after end of month Diary entries(electronic in DMLR enforcement program) complete for month by 2nd work day of new month Leave slips at least monthly to field supervisor

Cell Phone Call Log By the 15th of the following month to OGS manager Electronic Inspector Hours Report (Optional) by the end of the 2nd working day of the new month to field supervisor

Status reports:

Inspectors shall run and check for accuracy the following reports from the DMLR Computer system at the end of each month:

  • Unresolved Complaints.
  • Inspection frequency.

1 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.1.03

PROCEDURES MANUAL ISSUE DATE 4/10/2015

SUBJECT Monthly/Quarterly Reports Section Reclamation Services Last Revised April 17, 2006

  • Approaching due dates.

Inspectors shall also run the following reports in DYNAterm at the end of each month and check for:

  • Possible patterns of violations regarding assigned permits.
  • Temporary cessation due dates.

Quarterly Reports Prepared by Field Inspector - submitted to the Field Supervisor quarterly by end of 2nd work day of the new quarter:

  • Frequency field sheet(s) for quarter just completed
  • Inspector's electronic quarterly inspect able units report (see supervisor for latest version)
  • New quarter field frequency sheet(s)
  • Review Mid-Terms Due Report generated by the DMLR Enforcement Program
  • Review Approaching Due Dates Report generated by the DMLR Enforcement Program

Monthly and Quarterly Reports Submitted by the Field Supervisor:

The Supervisor shall:

  • review approve, sign and forward AML invoices, and accompanying inspection reports.
  • review l all items submitted monthly by the Inspector, and forward applicable documents such to the Big Stone Gap office by the 5th working day of each month.
  • review all items submitted quarterly by the Inspector, then forward such to the Big Stone Gap office for processing and forwarding by the Reclamation Services Office Services Specialist by the 5th working day of the following quarter
  • Ensure quarterly frequency has been met
  • Ensure patterns of violations have been addressed
  • Quarterly Review Temporary Abandoned Due Dates
  • Review Status of Outstanding Violations
  • Review Status of Outstanding Complaints
  • Review Status Water Orders/Subsidence Orders
  • Review Mid-term report
  • Review Quarterly Inspectable units report

The Reclamation Services Office Services Specialist shall compile and distribute the Monthly and Quarterly Reports to the appropriate agency personnel.

2

Confidentiality Procedures for Mineral Mine FilesDoc ID: DMM-P-419

Original: 337 words
Condensed: 192 words
Reduction: 43.0%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.19.00 PROCEDURES MANUAL ISSUE DATE 3/24/97 SUBJECT Confidential Files Section Permitting Last Revised

OBJECTIVE AND INTENT:

Sections 45.1-161.292:37 and 45.1-161.292:70 of the Mineral Mine Safety Laws of Virginia require the special handling of mine safety maps and complainants’ names to ensure the confidentiality of these documents.

PROCEDURES:

  1. The Program Support Technician will be responsible for identifying confidential information in the DMM office permit files.
  1. The Program Support Technician will place all confidential information in a manila envelope within the appropriate file area of the permit file. The outside of the envelope will be marked “Confidential - not to be opened except in the presence of and with permission of the Program Support Technician, the Environmental Engineer Consultant, DMM Director, or the area enforcement staff.”
  1. When persons request to review a file the DMM staff person assisting the person will examine the permit file and remove all confidential material packets before allowing the file review. The DMM staff person may identify the confidential materials to the person without disclosure of the complainant name or map details.
  1. Mine safety maps may be made available and copied for persons having a surface or mineral interest within 1,000 feet of the mine. Such persons must complete the Request for Release of Mine Map (DMM-155) and provide documentation that they have: a) an equitable interest in surface or mineral within 1,000 feet; b) are a representative of the local governing body where the mine is located; or c) have written consent of the mine owner, operator or agent. These documents must be received and approved by the Environmental Engineer Consultant, Program Support Technician or the Division Director prior to release of the map for viewing or copying.
  1. Only the parts of the map associated with the individual request are to be provided unless the request and documentation cover the entire map area.
  1. Confidential information maintained in the Mine Inspector’s field file will be handled and released only in accordance with items 3 and 4 above.
  1. 19-1

Coal Miner Certification Requirements in VirginiaDoc ID: DM-C-GCM

Original: 12,353 words
Condensed: 10,901 words
Reduction: 11.8%

FOR

UNDERGROUND MINES

AND

SURFACE AREA OF UNDERGROUND MINES Requirements For General Coal Miner Certification

The following procedures are to be followed to secure certification:

A.

Applicants employed in Virginia coal mines prior to January 1, 1996 who wish to become certified shall:

Submit Form DM-BCME-1, Application for Certification.

Submit a notarized Work Experience Form, DM-BCME-2, Verifying mining experience prior to January 1, 1996.

Pay a $10.00 fee for certification.

Underground miners must pass the gas detection examination if they are not already gas detection qualified.

B.

Applicants seeking certification after January 1, 1996 shall:

Submit Form DM-BCME-1, Application for Certification.

Pay a $ 10.00 fee for certification.

Submit documentation to the Division of Mines verifying completion of new miner training, supervisory retraining, annual refresher training, or submit a valid EMT, EMT-first responder, advanced first aid certificate or card or submit proof of two hours first aid training within the past twelve months signed by an approved instructor or as otherwise indicated in General Coal Miner Certification (next page) section I-3. The training shall include highlights of the Coal Mine Safety Laws of Virginia and the Coal Mine Safety and Health Regulations of the Division of Mines and the Board of Coal Mining Examiners. The training shall include a demonstration of knowledge or passing of a written examination of Virginia’s coal mine safety laws and regulations.

Submit Form DM-BCME-3, Verification of Training Completed for General Coal Miner Certification prior to commencing work in a coal mine. The form shall be signed by the employee and the instructor and the date they sign will be the effective date of the General Coal Miner Certification.

Underground miners must pass the gas detection examination.

For information call Mary S. Gibson, Regulatory Boards Administrator, 276/523-8234.

General Coal Miner Certification Process

I.

Materials needed:

A.

Furnished by Applicant

Proof of age (must be at least 18 years of age)

  1. $ 10.00 in cash, check or money order (Money may be received at our Big Stone Gap or Keen Mountain offices or through the mail).

Proof of first aid training a. 5000-23 MSHA form for training that includes at least 2 hours first aid training (new miner, annual refresher, supervisory retraining), within the last twelve months. b.

State of Kentucky training slip that includes at least 2 hours first aid training, within the last twelve months. c.

Any proof of first aid training in the last 12 months signed by an approved MSHA instructor, at least 2 hours of training d.

Valid Virginia EMT-B or EMT-First Responder or Advanced First Aid, certificate or card e.

Valid Kentucky MET or West Virginia EMT card

B.

Furnished by DM person conducting certification training:

Coal Mine Safety Laws of Virginia, 1999 Edition

General Coal Miner Study Guide

DM-BCME-1 Form

DM-BCME-3 Form

General Coal Miner Study Questions a.

Underground study questions if applicant wants GMUO (underground only); this includes surface area of underground mine b.

Surface study questions if applicant wants GMSO (surface only); this includes surface mine or auger mine only

Student Retention Quiz

a.

GMUO – Underground Quiz – 20 questions

b.

GMSO – Surface Quiz – 10 questions

II.

Certification process:

A.

Applicant is given the applicable general coal miner study guide, study questions, and a copy of the Coal Mine Safety Laws of Virginia, 1999 Edition. The applicant uses the applicable study guide and Coal Mine Safety Laws to find answers to the questions.

B.

After answering the study questions, the person conducting the certification training shall review each question with the applicant to ensure the applicant understands and acknowledges the correct answers.

C.

After completion and discussion of the study questions, the applicant is given the applicable student retention quiz. If the applicant does not respond correctly to the questions, then the applicant should be required to review the appropriate sections of the Coal Mine Safety Laws of Virginia until that person can answer the questions correctly.

NOTE: This is not a test that implies a passing or failing score. This quiz is designed only to help the person administering the training to evaluate

the student’s retention of the training.

The total concept of the General Coal Miner Study Guide, study questions, and student retention quiz is to ensure that applicants have a general working knowledge of the Act and should not be perceived as a test with a passing or failing score.

D.

After the applicant completes the study questions and student retention quiz and both have been discussed by the person conducting the training, then that person completes the instructor section of the DM-BCME-3 form and signs in the appropriate place. The proper code (GMUO or GMSO) must be written in the upper right corner of this form. If more than one person is receiving training, than a roster must be filled out and attached to the DM-BCME-3 form.

III.

Mailing procedure

A.

Attach copy of proof of first aid, DM-BCME-1, DM-BCME-3, and roster (if necessary) together, making sure all forms are completed and signed.

If this is being conducted at a Division of Mines office, the $ 10.00 fee is to be paid to the appropriate person and receipted before the certification process begins. After the process is completed, the forms and the receipt are taken back to the person authorized to accept payment so they can be processed.

NOTE: A copy of completed form DM-BCME-3 needs to be given to the applicant to serve as proof that they have successfully completed all the requirements for the general coal miner certification until their card is received in the mail. Allow approximately one month to receive the card.

If this certification is being done at a mine site or other remote location, the completed material is given to the applicant in an envelope addressed to the DM office, either at KMO or BSG, and instructions are given in person or mail the material along with the fee to that address. If no copy machine is available, a TS-1 can be filled out with a statement saying the person has passed the requirements for general coal miner and include their name and social security number. Give the applicant a copy of the TS-1-S (Field Report Form) to use as proof of training until the card arrives.

Board of Coal Mining Examiners P.O. Drawer 900 Big Stone Gap, VA 24219 (276)523-8149

Verification of Training Completed for General Coal Miner Certification

Type or print this form in ink and submit it to the Board of Coal Mining Examiners with a $10 processing fee in the form of a certified check, cashier’s check, or money order made payable to the Treasurer of Virginia. Cash will be accepted if paid in person at a Division of Mines’ (DM) office.

  1. Full Name______________________________________________S.S.#______________________________
  1. Address___________________________________________________________________________________ Street or P.O. Box City State Zip Code
  1. Home Phone No. (____)_______________________________Date of Employment______________________
  1. Employer Company Name________________________________________Mine Name___________________

Address___________________________________________________________________________________ Street or P.O. Box City State Zip Code

  1. Job title/description of job duties_______________________________________________________________
  1. I received training in first aid and Virginia’s coal mining law and regulations on ___________________or I have attached a copy of my valid first aid card. Date or Dates

I hereby certify that the above answers are true to the best of my knowledge and belief.

Signed___________________________________________________________Date_________________________ Signature of applicant for certification

I hereby certify to the BCME that the training I provided to the applicant set forth above meets the requirements of Virginia Code §45.1-161.37 and the Virginia Administrative Code 4 VAC25-20, and the applicant has satisfactorily demonstrated to me the required knowledge of first aid practices and the mine safety laws of Virginia.

Name printed and signed ________________________________________________________________________ Certified foreman or instructor approved by DM providing training

Cert. No.______________________

Name printed and signed when the applicant is hired___________________________________________________ Mine operator employing applicant

DM-BCME-3 (Issued 5/22/96) Board of Coal Mining Examiners P.O. Drawer 900 Big Stone Gap, VA 24219 (276)523-8149

Application for Certification Examination

Applicants for certification must complete this form and submit a $10.00 non-refundable fee for each exam.

Type or print the information in ink or pay the fee with a certified check, cashier’s check or money order made payable to the Treasurer of Virginia. Cash will be accepted if paid in person. Submit the application and fee to the board of Coal Mining Examiners at least five working days prior to the date of examination.

  1. Full Name______________________________________________S.S.#______________________________
  1. Address___________________________________________________________________________________ Street or P.O. Box City State Zip Code
  1. Date of Birth ________________________Home Phone No. ( )___________________________________ Month/Day/Year
  1. Total years employed at a coal mine: ________________ ___________________ Underground Surface
  1. List your current (or most recent) mining experience

Company Name ___________________________________________________________________________

Address __________________________________________________________________________________ Street or P.O. Box City State Zip Code

  1. Attach copies of the required documentation needed for each certification.
  1. Examination Requested (Check One) *BCME Instructor check the courses you wish to teach

[ ] Advanced first aid [ ] Automatic elevator operator [ ] Blaster endorsement-DMLR (no fee) [ ] Chief electrician (sur/UG or sur) [ ] Diesel engine mechanic instructor [ ] Dock foreman [ ] Electrical maintenance foreman [ ] First aid instructor [ ] First class mine foreman (sur/UG or surface) [ ] First class shaft or slope foreman [ ] Gas detection qualification (no fee) [ ] General coal miner [ ] Hoisting Engineer [ ] Instructor – BCME* (surf/strips and augers or surf/UG) [ ] MSHA electrical reinstatement [ ] Preparation Plant Foreman [ ] Mine inspector [ ] Surface blaster [ ] Surface electrical repairman [ ] Surface facilities foreman for shops, [ ] Surface foreman [ ] Top person labs, and warehouses [ ] Underground diesel engine mechanic [ ] Underground electrical repairman [ ] Underground shot firer

I hereby certify that the above answers are true to the best of my knowledge and belief.

Signed ______________________________________Date _____________________

DM-BCME-1 (Revised 5/25/99)GENERAL COAL MINER – UNDERGROUND

COAL MINE SAFETY LAWS OF VIRGINIA

OUTLINE – UNDERGROUND COAL MINES

45.1-161.8 Definitions

45.1-161.10 Special company safety rules

45.1-161.12 Intoxicating liquids and controlled drugs

45.1-161.28 Certifications required by the Board of Coal Mining Examiners and performing work requiring certification

45.1-161.30 Performance of tasks by uncertified persons

45.1-161.35 Revocation of certificates issued by the Board of Coal Mining Examiners

45.1-161.37 General coal miner certification

45.1-161.38 Employment of a mine foreman

45.1-161.57 Mine license

45.1-161.60 Revocation of a mine license

45.1-161.64 Posting of a mine map

45.1-161.77 Reporting of mine fires and explosions

45.1-161.78 Reporting of accidents and preserving the scene

45.1-161.79 Reports of accidents and injuries

45.1-161.81 Mine inspection schedule

45.1-161.84 Advanced notice of mine inspections

45.1-161.88 Areas of a mine to be inspected

45.1-161.89 Posting of inspection reports

45.1-161.90 Reporting of violations

45.1-161.91 Closure orders 45.1-161.94 Violations and penalties

45.1-161.97 Reporting of alleged violations and posting of inspector telephone numbers

45.1-161.108 Exposing miners to dangerous mining methods

45.1-161.109 Roof control plan

45.1-161.110 Instructing miners on installation of temporary and permanent roof supports

45.1-161.115 Mine officials providing materials to secure the mine

45.1-161.116 Instruction of all miners in testing the roof, face and ribs

45.1-161.118 Working or traveling near unsupported roof

45.1-161.121 Mining near an oil or gas well

45.1-161.122 Drilling bore holes near abandoned areas

45.1-161.123 Personnel positioning near remote control equipment

45.1-161.124 Mechanical equipment guards

45.1-161.126 Surface storage of explosives and detonators

45.1-161.127 Underground transportation of explosives and detonators

45.1-161.128 Underground of storage explosives and detonators

45.1-161.129 Underground blasting

45.1-161.131 Misfires

45.1-161.135 Clearance on truck haulage roads

45.1-161.136 Crossing facilities

45.1-161.140 Maintenance of transportation and haulage equipment

45.1-161.145 Riding on supply cars and mobile equipment

45.1-161.147 Safe operation of equipment

45.1-161.150 Man trips 45.1-161.153 Hoisting for handling men

45.1-161.154 Hoisting ropes

45.1-161.155 Hoisting cages

45.1-161.156 Slope and shaft conditions

45.1-161.157 Signaling and signal code in hoisting stations

45.1-161.158 Inspections of hoisting equipment

45.1-161.159 Hoisting engineers

45.1-161.160 Operations of hoisting equipment

45.1-161.161 Maintenance of hoisting equipment

45.1-161.162 Primary escapeways

45.1-161.165 Maintenance of mine openings

45.1-161.166 Escapeway signs and lifelines

45.1-161.167 Examination of escapeways

45.1-161.174 Check in-check out system

45.1-161.175 Protective equipment

45.1-161.177 Carrying or possessing smokers articles underground and penalty

45.1-161.178 Mine officials allowing persons to carry or possess smokers articles underground and penalty

45.1-161.179 Posting of smoking articles signs

45.1-161.184 Posting of danger signs at transformer stations

45.1-161.188 Electrical grounding

45.1-161.189 Circuit breakers and insulating mats

45.1-161.191 Communication systems – telephone service

45.1-161.193 Operation of electrical equipment 45.1-161.194 Trailing cable disconnecting devices

45.1-161.195 Inspection of electric equipment, methane monitor functional test and weekly calibration

45.1-161.196 Repairing electrical circuits and equipment

45.1-161.197 First aid equipment

45.1-161.198 Attention to injured persons

45.1-161.199 Certified emergency medical services personnel

45.1-161.200 Fire-fighting equipment

45.1-161.201 Withdrawal of miners when a fire cannot be extinguished

45.1-161.202 Emergency response plans

45.1-161.203 Reporting of mine fires

45.1-161.206 Diesel powered equipment

45.1-161.208 Preshift examinations – when, where and what to examine

Certifying by initials, date and time

Inspection of idle and abandoned areas

Danger signal at mine entrance

Records of preshift examinations

45.1-161.209 Onshift examinations – when, where and what to examine Required gas tests and examinations for dangerous conditions

45.1-161.210 Weekly examinations – what and where to examine Reporting dangerous conditions that cannot be removed

45.1-161.211 Fan examinations

45.1-161.212 Preshift examination results

45.1-161.213 Daily and weekly examination results

45.1-161.214 Removal of dangerous conditions

45.1-161.215 Notice of methane monitor tampering and penalty 45.1-161.216 Main fans

45.1-161.217 Fan stoppage plans

45.1-161.219 Air quantities

45.1-161.220 Bleeder plans

45.1-161.222 Air quality

45.1-161.224 Temporary and permanent stoppings

45.1-161.226 Line curtains

45.1-161.288 Worked-out areas

45.1-161.231 Examinations for gas and other dangers

45.1-161.232 Tampering of methane monitoring devices and penalty

45.1-161.233 Allowing persons to work in a mine with disconnected or tampered methane monitoring devices and penalty

45.1-161.234 Control of coal dust

45.1-161.235 Rock dusting

45.1-161.236 Housekeeping

45.1-161.237 Lighting

45.1-161.238 Flammable or combustible materials

45.1-161.249 Additional duties of mine foreman

45.1-161.251 Employment of inexperienced underground miners

45.1-161.252 Employment of authorized persons

GENERAL COAL MINER – UNDERGROUND

COAL MINE SAFETY LAWS OF VIRGINIA

GENERAL PROVISIONS

45.1-161.8

  1. Authorized Person – A person assigned a duty by the operator or agent and has demonstrated the ability to perform such duty or duties safely and effectively.
  1. Certified Person – A person assigned to perform a task that requires a certificate to be issued by the Board of Coal Mining Examiners, such as a mine foreman, repairman, shot firer, etc.
  1. Experienced Surface Miner – A person with more than six months experience at a surface mine or the surface area of an underground mine.
  1. Experienced Underground Miner – A person with more than six months of underground mining experience.
  1. Hazardous Condition – Conditions likely to cause death or serious personal injury to persons exposed to such conditions.
  1. Imminent Danger – A condition or practice that could reasonably be expected to cause death or serious personal injury before such condition can be corrected.
  1. Inexperienced Underground Miner – A person with less than six months of underground mining experience.
  1. Intake Air – Air that has not passed through the last working place and contains not less than 19.5% oxygen, not more than .5% carbon dioxide, nor any dangerous amounts of flammable or harmful gases.
  1. Mine Foreman – A person issued a mine foreman certificate by the Board of Coal Mining Examiners.

10. Mine Fire – A fire that cannot be extinguished in 30 minutes.

11. Miner – Any individual working in a mine.

12. Operator – Any person who operates, controls or supervises a mine or any independent contractor performing services at a mine.

13. Return Air – Air that has passed through the last active working place on each split or air that has passed through worked-out areas, whether pillared or nonpillared.

14. Serious Personal Injury – Any injury which has a reasonable potential to cause death or an injury other than a sprain or strain which requires an admission to a hospital for twenty – four hours or more for medical treatment. 15. Work Area – All areas of a surface coal mine in production or being prepared for production and those areas which may pose a danger to miners.

16. Working Face – Any place where coal is extracted.

17. Working Place – Any area inby the last open crosscut.

18. Working Section – All areas from the loading point to and including the working faces.

45.1-161.10

An operator has the right to adopt special safety rules but shall not be in conflict with the Coal Mine Safety Laws of Virginia. The operator should post such rules or furnish a printed copy to all miners.

45.1-161.12

A. No miner or other person shall carry in a mine any intoxicating liquors or controlled drugs without the prescription of a licensed physician; enter any part of a mine against caution; or disobey any order issued pursuant to the provisions of this Act.

B. Each miner at any mine shall comply fully with the provisions of this Act and other mining laws of this Commonwealth that pertain to his duties.

CERTIFICATION OF COAL MINE WORKERS

45.1-161.28

The Board of Coal Mining Examiners requires certifications of those persons who perform work whose duties require a certification, such as a mine foreman, repairman, shot firer, and does include a general coal miner after January 1, 1996.

45.1-161.30

A. It shall be unlawful for any person to perform any task requiring certification by the Board of Coal Mining Examiners until he has been certified. It shall also be unlawful for an operator or his agent to permit any uncertified person to perform such tasks. A violation of this subsection shall constitute a Class 1 misdemeanor. Each day of operation without a required certification shall constitute a separate offense.

B. A certificate issued by the Board of Examiners prior to July 1, 1994, shall be acceptable as a certificate issued by the Board of Coal Mining Examiners until the Board of Coal Mining Examiners shall provide otherwise by appropriate regulations.

45.1-161.35

The Board may revoke certificates for intoxication while on duty, neglect of duties, violation of the mining laws, using any controlled drugs without the prescription of a physician or other just cause. 45.1-161.37

Every person commencing work in a coal mine after January 1, 1996, shall be issued a general coal miner certificate issued by the Board of Coal Mining Examiners.

Each applicant for a general coal miner certificate shall prove to the Board that he has a knowledge of first aid practices and has a general working knowledge of the Coal Mine Safety Laws of Virginia.

45.1-161.38

A mine foreman shall be employed where 3 or more persons work in a mine.

LICENSING OF MINES

45.1-161.57

A license is required for the operation of any coal mine.

45.1-161.60

A mine license may be revoked for committing a pattern of willful violations that result in imminent dangers to miners.

45.1-161.64

A mine map showing all entries, escapeways, intakes, returns, etc. shall be posted in a place accessible to all miners.

MINE EXPLOSIONS, MINE FIRES, ACCIDENTS

45.1-161.77

Mine fires and explosions shall be reported to the Chief by the quickest available means.

45.1-161.78

Each operator shall promptly report any accident to the Department. The scene of the accident shall not be disturbed pending an investigation except to the extent necessary to rescue or remove a person, prevent or eliminate an imminent danger, prevent destruction of mining equipment or prevent suspension of a slope, entry or facility vital to the mine.

45.1-161.79

A. Each miner employed at a mine shall promptly notify his supervisor of any injury received during the course of his employment.

B. Each operator shall keep on file a report of each accident including any accident which does not result in a lost-time injury. Copies of such report shall be given to the person injured or to his designated representative to review the accident report and verify its accuracy prior to filing such report for the review of state or federal mine inspectors.

MINE INSPECTIONS

45.1-161.81

The Chief shall conduct a complete inspection of every underground coal mine at least twice per year.

45.1-161.84

No person shall give advance notice of any mine inspection conducted in accordance with the Coal Mine Safety Laws of Virginia.

45.1-161.88

A mine inspector shall inspect all active workings, travelways, intakes, returns, accessible worked-out areas, escapeways, etc.

45.1-161.89

Inspection reports shall be posted in a location accessible to be read by miners.

ENFORCEMENT AND PENALTIES, REPORTS OF VIOLATIONS

45.1-161.90

A. If the Director, the Chief, or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable promptness issue a notice of violation to the person who is responsible for the violation.

B. The notice of violation shall be deemed to be the final order of the Department and not subject to review by any court or agency unless, within twenty days following its issuance, the person to whom the notice of violation has been issued appeals its issuance.

45.1-161.91

Closure orders require an area or equipment to be cleared of all workers.

45.1-161.94

Any person convicted of willfully violating any provisions of this Act or any regulation promulgated pursuant to this Act, unless otherwise specified in this Act, shall be guilty of a Class 1 misdemeanor. 45.1-161.97

Any person aware of a violation of the Coal Mine Safety Laws of Virginia may report it to a mine inspector or to any other DM employee in writing or by telephone. A list of offices and home telephone numbers of DM inspectors shall be posted at the mine office.

All reports of alleged violations will be kept strictly confidential and DM shall not reveal the name of any person who reports alleged violations.

ROOF, RIB AND FACE CONTROL

45.1-161.108

The method of mining shall not expose miners to hazardous mining methods or working conditions.

45.1-161.109

The Chief shall prescribe a roof control plan which contains minimum standards for supporting the mine roof.

The approved roof control plan shall be posted conspicuously at the mine and a copy shall be available at each section of the mine. Every person that enters the mine shall comply with the roof control plan.

45.1-161-110

The operator or his agent shall instruct all miners on the installation of temporary and permanent roof supports.

45.1-161.115

The operator or his agent shall provide suitable materials to secure all roof, ribs and faces. If such materials are not available, the mine foreman shall withdraw all miners from the affected area.

The operator or his agent shall make immediately available for emergency use at each mine site two 40 ton jacks or two equivalent lifting devices.

45.1-161.116

The operator or his agent shall instruct all miners on how to make visual examinations and sound and vibration testing of roof, face and ribs. Miners shall examine and test the roof, face and ribs before starting work and as necessary to ensure a safe work area. At least once each shift or more often if necessary, a mine foreman or other certified person shall examine and test the roof, face and ribs in all active working sections where coal is produced while miners are working there in.

45.1-161.118

No person shall work or travel under unsupported roof except to install temporary supports in accordance with the approved roof control plan. If roof, face or rib conditions are found to be unsafe, no person shall start work until such conditions have been corrected.

PROXIMITY OF MINING TO GAS AND OIL WELLS AND ABANDONED AREAS

45.1-161.121

An operator shall not remove coal within 500 feet of a gas or oil well drilled into projected mine workings before notifying the Chief. Any operator shall have written approval from the Chief before removing coal within 200 feet of a gas or oil well or vertical ventilation hole drilled or in the process of being drilled into the projected mine workings.

45.1-161.122

Bore holes shall be drilled when mining near abandoned areas, old mines, etc.

MECHANICAL EQUIPMENT

45.1-161.123

While remote control equipment is in operation or is being trammed, no miner shall position himself or be placed in a pinch point between such equipment and the face or ribs of the mine or another piece of equipment in the mine.

45.1-161.124

Gears, sprockets, belt drives, tail rollers, etc. shall be guarded. Machinery shall not be repaired or serviced while the machinery is in motion.

EXPLOSIVES AND BLASTING

45.1-161.126

Separate surface magazines shall be provided for the storage of explosives and detonators.

45.1-161.127

Explosives or detonators shall be transported underground in individual containers.

Explosives or detonators shall not be transported on the same trip with miners.

45.1-161.128

Explosives and detonators stored underground shall be kept in separate magazines.

45.1-161.129

Examinations for gas shall be made immediately before firing each shot and after blasting is completed. All shots shall be fired by a certified underground shot firer. All miners, who may be endangered by a shot, shall be removed to a safe location and ample warning shall be given before shots are fired.

45.1-161.131

A waiting period of 15 minutes is required prior to returning to a misfire shot area.

TRANSPORTATION

45.1-161.135

A clearance of 24 inches is required on the clearance side where track systems are used.

45.1-161.136

Suitable facilities for crossing conveyors (beltlines) shall be provided where it is necessary for miners to cross such conveyors (beltlines).

45.1-161.140

All self propelled mobile transportation and haulage equipment shall be maintained in safe operating condition. (brakes, lights, horns, etc.).

45.1-161.145

No person shall ride on supply cars nor shall any person ride on top of self propelled mobile equipment.

45.1-161.147

Haulage equipment operators shall sound a warning before starting equipment, approaching doors, curtains, and other places where persons are likely to be.

45.1-161.150

Mantrips shall be maintained in safe operating condition and shall be under the charge of an authorized person. Miners shall not board or leave moving mantrips.

HOISTING

45.1-161.153

All hoists used for handling men shall be equipped with overspeed, overwind, and automatic stop controls. Any platform or work deck used for transporting miners or materials shall be equipped with leveling indicators. 45.1-161.154

Hoisting ropes on all cages or trips shall be adequate in size to handle the load and have a proper factor of safety. Visible or audible warning devices shall be installed in a slope where they can be seen or heard by persons approaching the slope track.

45.1-161.155

Cages used for hoisting miners shall be of substantial construction and shall be equipped with safety catches that activate in an emergency.

45.1-161.156

All shafts shall be equipped with safety gates at the top and at each landing. Ice shall not be permitted to accumulate excessively in any shaft where miners are hoisted or lowered.

45.1-161.157

Two independent means of signaling shall be provided between the top, bottom, and intermediate landings of shafts, slopes, surface inclines and the hoisting station. A uniform signal code approved by the Chief shall be in use at each mine.

45.1-161.158

Before hoisting or lowering miners in a shaft, the hoisting engineer shall operate empty cages up and down each shaft at least one round trip at the beginning of each shift and after the hoist has been idle for one hour. (Does not apply to automatic elevators).

A test of safety catches on cages shall be made at least once each month. (Does not apply to automatic elevators).

45.1-161.159

A certified hoisting engineer shall be either on duty continuously or available within a reasonable time as determined by the Chief to provide immediate transportation while miners are transported into and out of mines by hoists. (Does not apply to automatic elevators).

The loading and unloading of miners and movement of a cage when miners are hoisted or lowered shall be under the direction of an authorized person. (Does not apply to automatic elevators).

45.1-161.160

The speed of a cage or trip in shafts, slopes, or surface inclines shall not exceed 1000 feet per minute when miners are hoisted or lowered.

No person shall ride on a loaded cage. 45.1-161.161

Hoists, ropes, cages, and other hoisting equipment shall be maintained in safe operating condition.

Hoisting ropes shall be replaced as soon as there is evidence of possible failure.

MINE OPENINGS AND ESCAPEWAYS

45.1-161.162

One travelway shall be designated as the primary escapeway and shall be in intake air.

45.1-161.165

Mine entries shall be maintained in a safe condition for entering and leaving the mine.

45.1-161.166

A continuous lifeline shall be installed and maintained in each primary escapeway.

Direction signs shall be posted conspicuously in the escapeway to indicate the direction of exit from the mine.

45.1-161.167

The mine foreman or his assistants shall examine all escapeways for hazardous conditions at least once per week.

PERSONAL SAFETY, SMOKING

45.1-161.174

Every person underground shall have on his person an identification number and a record that has the same number shall be maintained on the surface.

45.1-161.175

Protective hard hats and footwear (hard-toed shoes) shall be worn when around or in the mine.

45.1-161.177

No person shall smoke, carry or possess smoker’s articles while underground. Any person convicted of this section shall be guilty of a Class 6 felony. The operator shall institute a smoker search program to ensure persons going underground do not carry smoker’s articles.

45.1-161.178

No mine operator, agent or mine foreman shall permit any person to smoke, carry, or possess smoker’s articles underground. Any person convicted of this section shall be guilty of a Class 6 felony. 45.1-161.179

A sign shall be posted at the mine office, bath house, and on a bulletin board that states “It is unlawful for a miner to smoke, or carry or possess underground any smoker’s articles, or matches, lighters or similar materials generally used for igniting smokers articles. A violation is punishable as a Class 6 felony…”

ELECTRICITY

45.1-161.184

Suitable danger signs shall be posted at all transformer and high voltage stations.

45.1-161.188

All metallic frames and equipment shall be grounded effectively to prevent shock hazards on the frames of such equipment.

45.1-161.189

Automatic circuit breakers or fuses shall be installed to protect all electric equipment. Insulating mats or dry wooden platforms shall be provided at all stationary equipment where shock hazards exist.

45.1-161.191

Telephone service between the surface and underground shall be provided and an authorized person shall always be on duty on the surface when miners are underground to be able to respond immediately in the event of an emergency.

45.1-161.193

Electric equipment taken into or used inby the last open crosscut or in other than intake air shall be permissible equipment. Electric equipment shall not be taken into or operated in an area where 1% or more methane is detected.

45.1-161.194

Trailing cables shall be provided with a means of disconnecting power from the cable.

45.1-161.195

Electric equipment and wiring shall be inspected by a certified person weekly if located underground and monthly if located on the surface.

A functional test of methane monitors on face equipment shall be conducted on each production shift in the presence of the mine foreman. A calibration test of methane monitors on face equipment shall be conducted each week. 45.1-161.196

No electrical work shall be performed on low, medium or high voltage circuits except by a certified person or a person trained to perform electrical work under the direct supervision of a certified person. All power circuits and electric equipment shall be de-energized; locked-out and tagged before electrical repairs are made.

FIRST AID EQUIPMENT, MEDICAL CARE, EMERGENCY MEDICAL SERVICES

PROVIDED

45.1-161.197

Each mine shall have an adequate supply of first aid equipment.

45.1-161.198

Injured persons shall be brought promptly to the surface. Adequate transportation shall be available for transporting injured persons to the surface.

45.1-161.199

A working coal miner certified as an Emergency Medical Technician (EMT), EMT-First Responder, or First Aid Trainees (Advanced First Aid) approved by the Chief shall be available for duty when miners are working.

FIRE PREVENTION AND FIRE CONTROL

45.1-161.200

Each mine shall be provided with suitable fire-fighting equipment adequate for the size of the mine.

Fire extinguishers, rock dust or clean dry sand shall be provided and placed at each electrical station such as substations, transformers, permanent pumps.

Suitable fire extinguishers shall be provided on all self-propelled mobile equipment, belt heads and inby end of belts.

All fire fighting equipment shall be maintained in a useable and operative condition.

45.1-161.201

When a fire that may endanger persons underground cannot be extinguished immediately, the persons shall be withdrawn promptly from the mine.

45.1-161.202

Operators shall develop an emergency response plan. The plan shall include: (1) a fire communication plan; (2) an evacuation procedure; (3) brattice numbering system; (4) location of escapeways; and (5) other fire evacuation planning as required by the Chief. The emergency response plan shall be posted in a place accessible to all miners, both on the surface and underground. The operator shall train all miners in the implementation of the response plan and shall conduct practice drills.

45.1-161.203

The operator shall report any unplanned fire at a mine not extinguished within thirty minutes of discovery to the Chief by the quickest available means.

45.1-161.206

Diesel powered equipment shall not be taken underground without written approval of the Chief.

VENTILATION, MINE GASES AND OTHER HAZARDOUS CONDITIONS

45.1-161.208

Within 3 hours preceding the beginning of a shift, before anyone on the oncoming shift can enter the mine, a mine foreman shall conduct a preshift examination.

During a preshift examination, the mine foreman shall examine for hazardous conditions, methane, oxygen deficiency, and shall insure ventilation is adequate in all areas. examined.

A preshift examination shall include the following areas: track entries, haulageways, areas where persons are scheduled to work or travel during the oncoming shift, sections where equipment is being installed or removed, approaches to worked out areas along intake air courses, and seals along intake air courses.

A preshift examination shall include ventilation measurements at the following locations: in the last open crosscut, intake entries of longwall sections, and at the intake end of each pillar line.

Any area where hazardous conditions are found shall be “dangered off with a danger sign”. No person shall enter such areas “dangered off” except those persons designated by mine officials to evaluate or correct such hazardous conditions.

The mine foreman shall place his initials, date and time at all areas required to be preshift examined.

Idle and worked-out areas shall be inspected by a mine foreman immediately before other miners are allowed to enter.

The mine foreman shall place a danger light at the mine entrance or use other means to ensure other miners do not enter the mine before a preshift examination has been completed. No miner shall pass the signal or enter the mine until the mine foreman has completed the preshift examination and reported the mine safe.

In multiple shift operations, a mine foreman in the mine can make a preshift examination for the next or succeeding shift. 45.1-161.209

At least once a shift, or more often if necessary, a mine foreman shall examine all underground sections where coal is produced and on sections where equipment is being installed or removed, and all beltlines shall be examined. Generally referred to as “on shift examination”.

The mine foreman shall examine such places for hazardous conditions, methane, oxygen deficiency, and sufficient ventilation.

Air measurements shall be taken at the following locations during onshift examinations: the last open crosscut, intake end of each pillar line, volume and velocity on each longwall.

Inspections for methane shall be made before taking or operating electrical equipment inby the last open crosscut and at least every 20 minutes while equipment is operated inby the last open crosscut.

45.1-161.210

A mine foreman shall conduct examinations at least every seven days of all air courses, roads, and openings to worked-out areas. An examination of the bleeder system shall be conducted at least every seven days by a mine foreman.

Any hazardous condition that cannot be removed within a reasonable time shall be reported to the Chief by the quickest available means.

45.1-161.211

An authorized person shall conduct a daily examination of the fan.

45.1-161.212

The results of a preshift examination shall be recorded in a book, kept on the surface by the person conducting the examination, or by the person on the surface who received the results of the examination by telephone.

45.1-161.213

The mine foreman shall record the results of daily and weekly examinations in a record book kept on the surface.

45.1-161.214

The mine foreman shall give prompt attention to the removal of all hazardous conditions reported to him.

45.1-161.215

A sign shall be posted at each mine that states “Notice: It is unlawful to disturb, disconnect, bypass, impair, or otherwise tamper with methane monitors or other devices capable of detecting the presence of explosive gases in an underground coal mine. A violation is punishable as a Class 6 felony”.

45.1-161.216

All mines shall be ventilated with a fan. All mine fans shall be operated continuously unless the Chief has granted permission for planned stoppages.

45.1-161.217

A fan stoppage plan approved by the Chief shall be provided for each mine.

All miners shall be withdrawn from the face areas and electrical power cut off from such portion of the mine affected when the fan fails or stops.

All miners shall be withdrawn from the mine if mine ventilation is not restored within a reasonable time, not to exceed 15 minutes.

If ventilation is restored within a reasonable time, a mine foreman will examine all face areas, restore power, and work may resume.

If ventilation is not restored within the time established in the fan stoppage plan, and the miners are evacuated from the mine, then the main fan shall be operated for a time specified in the fan stoppage plan before anyone enters the mine.

45.1-161.219

The quantity of air in the last open crosscut and the intake end of a pillar line shall be at least 9000 CFM. The amount of air at all working faces shall under all conditions have a sufficient volume and velocity to dilute and carry away flammable gases.

45.1-161.220

A bleeder plan is a plan approved by the Chief. The bleeder plan is a system of air courses designed to provide positive movement of air through or around worked out areas which is sufficient to prevent a hazardous accumulation of gas in such areas to minimize the effect of variations in atmospheric pressure.

45.1-161.222

Intake air shall contain at least 19.5% oxygen and not more than .5% carbon dioxide.

Ventilation shall be improved if 1% methane is detected in a working place, in an intake air course or in an area where mining equipment is being installed or removed.

Miners shall be withdrawn, electrical power cut off from such portion of the mine and ventilation improved when 1.5% methane is detected in a working place, in an intake air course or in an area where mining equipment is being installed or removed. 45.1-161.224

Permanent stoppings shall be installed between intake, belt haulageways and return air courses.

Temporary stoppings (line curtains) are allowed to be used in the second crosscut and last open crosscut unless otherwise approved by the Chief. Permanent stoppings shall be maintained to and including the third crosscut outby the working face.

45.1-161.226

Line curtains (brattice curtains) shall be used to provide ventilation across the last open crosscut to the faces to provide adequate ventilation.

45.1-161.228

Worked-out areas shall be sealed or ventilated.

45.1-161.231

Certified persons (mine foreman) whose duties require them to inspect working places in any mine shall have in their possession and use a device to detect methane and oxygen deficiency. A sufficient number of permissible methane detectors shall be kept at each mine inby the last open crosscut. All miners working inby the last open crosscut shall be certified to conduct gas tests.

45.1-161.232

No person shall tamper, disturb, disconnect, bypass, or impair methane monitors or other devices used to detect methane. The methane monitor may be bypassed or disconnected to remove the monitor to repair or replace if such monitor malfunctions. A conviction of this section is a Class 6 felony.

45.1-161.233

An operator, agent or mine foreman shall not knowingly permit any person to work in a mine while having knowledge that a methane monitor has been tampered with, impaired, disturbed, or disconnected other than for repair or replacement. A conviction of this section is a Class 6 felony.

45.1-161.234

Coal dust shall not be permitted to accumulate in active areas or on electrical equipment.

45.1-161.235

All underground areas of a mine shall be rock dusted to within 40 feet of all working faces. All crosscuts that are less than forty feet from working faces shall also be dusted.

SURFACE AREAS

45.1-161.236

Good housekeeping shall be practiced in and around mine buildings, shafts, yards, and other areas of the mine.

45.1-161.237

Lights shall be provided near roads, paths and walkways with proper illumination if used at night.

45.1-161.238

Oil, grease and other flammable materials shall be kept in closed containers.

The area within 100 feet of all mine openings shall be kept free of combustible material.

All oxygen and acetylene bottles shall be stored in racks, with caps in place and secured when not in use and posted with “no smoking” signs.

45.1-161.242

Fire fighting equipment shall be readily available when welding or cutting is performed.

ADDITIONAL DUTIES OF CERTIFIED PERSONS AND OTHER MINERS

45.1-161.249

The mine foreman shall insure that requirements of the Coal Mine Safety Laws are fully complied with at all times.

The mine foreman shall see that every miner employed is made aware of all hazardous conditions associated with his work before beginning work.

45.1-161.251

Inexperienced underground miners shall be required to work with an experienced underground miner for a total of six months following underground employment.

Experienced surface miners shall only be required to work with an experienced underground miner for 60 days following underground employment.

No inexperienced underground miner shall be assigned, or allowed, or be required to perform work alone in any area where there is potential to endanger his safety, unless he can communicate with others, can be heard, or can be seen.

45.1-161.252

No miner shall be placed in charge of a cutting, loading, drilling, continuous miner or timbering machine in any mine who is not an authorized person capable of determining the safety of roof and ribs. Such miner shall be capable of detecting explosive gas and shall be certified in gas detection before being permitted to be in charge of such machines.

GENERAL COAL MINER – UNDERGROUND

COAL MINE SAFETY LAWS OF VIRGINIA

UNDERGROUND STUDY QUESTIONS

  1. What is a person classified as that has less than 6 months of underground mining experience? 45.1-161.8
  1. How long is an inexperienced underground miner required to work with an experienced underground miner? 45.1-161.251
  1. Where are inexperienced underground miners allowed to work? 45.1-161.251
  1. What is a “serious personal injury”? 45.1-161.8
  1. What is a “working face”? 45.1-161.8
  1. What is a “working place”? 45.1-161.8
  2. How shall the scene of an accident be left? 45.1-161.78
  1. Where shall inspection reports be posted? 45.1-161.89
  1. Who may report an alleged violation of the Mine Safety Laws to any DM person? 45.1-161.97

10. Who shall comply with all requirements of the approved roof control plan? 45.1-161.109

11. Which mining personnel shall be instructed in “proper testing of the roof, face and ribs”? 45.1-161.116

12. Who is allowed to work or travel under unsupported roof? 45.1-161.118

13. How shall all transportation and haulage equipment be maintained? 45.1-161.140 14. Who is allowed to ride on supply cars or on top of self propelled mobile equipment? 45.1-161.145

15. What type of identification shall each person have on their person that goes in a mine? 45.1-161.174

16. What type of headwear and footwear shall be worn by all persons when in or around a mine? 45.1-161.175

17. Who is allowed to smoke or carry smokers articles underground? 45.1-161.177

18. What is the penalty of any person convicted of smoking or possessing smokers articles underground? 45.1-161.177

19. What type of program shall be implemented at each mine to prevent carrying smokers articles underground? 45.1-161.177

20. Can a mine official or mine foreman permit any person to smoke or carry smokers articles underground? 45.1-161.178 21. What shall be posted at the mine office, bath house and on a bulletin board in relation to “smokers articles”? 45.1-161.179

22. What types of “shock hazard” devices shall be provided at all stationary electrical equipment? 45.1-161.189

23. Are miners allowed to go into the mine without an authorized person stationed on the surface for communications purposes? 45.1-161.191

24. What shall be done with persons that are injured underground? 45.1-161.198

25. What person with medical qualifications shall be available for duty when miners are working? 45.1-161.199

26. Where shall copies of the emergency response plan be posted? 45.1-161.202

27. Who shall be trained on the requirements of the “emergency response plan”? 45.1-161.202 28. What shall a mine foreman place at all areas where preshift examinations are conducted? 45.1-161.208

29. How often shall methane tests be made while electrical equipment is operated inby the last open crosscut? 45.1-161.209

30. How often shall an authorized person conduct an examination of the fan? 45.1-161.211

31. What shall be posted at each mine stating that it is “unlawful to disturb, disconnect, bypass, impair, or tamper with” a methane monitor? 45.1-161.215

32. What is the penalty for bypassing or tampering with a methane monitor? 45.1-161.215

33. How shall all mine fans be operated? 45.1-161.216

34. What action shall be taken at a mine when the fan fails or stops? 45.1-161.217 35. What action shall be taken if the fan fails and ventilation is not restored within a reasonable time, not to exceed 15 minutes? 45.1-161.217

36. What is a bleeder plan designed to do? 45.1-161.220

37. How much oxygen is intake air required to have? 45.1-161.8

38. What shall be used to provide ventilation across the last open crosscut to the faces? 45.1-161.226

39. What shall be applied in all active areas and to within 40 feet of the working face? 45.1-161.235

40. Who has the responsibility to see that every miner employed is made aware of all hazardous conditions associated with his work before beginning such work? 45.1-161.249

Answers are available through the Department of Mines, Minerals and Energy’s Division of Mines for all persons meeting the Division of Mines criteria. For more information please contact our office at (276)523-8227 or via e-mail at rlm@mme.state.va.us

GENERAL COAL MINER – UNDERGROUND

COAL MINE SAFETY LAWS OF VIRGINIA

  1. What is a person classified as that has less than 6 months of underground mining experience?

A. Experienced underground miner

B. Inexperienced underground miner

C. Qualified equipment operator

D. Classified employee

  1. How long is an “inexperienced underground miner” required to work with an experienced underground miner?

A. 6 months

B. 3 months

C. 2 months

D. 1 month

  1. Are “inexperienced underground miners” allowed to work alone?

A. Yes

B. No

C. Yes, if not working around belt drives

D. Yes, if not allowed to work around equipment

  1. Where are “inexperienced underground miners” allowed to work?

A. At belt drives if on-shift examinations are conducted in such areas

B. Haul supplies into the mine by themselves if they can operate equipment safely

C. Where they can communicate with others, can be heard and seen by other miners D. Install timbers in the return airways by themselves if a preshift examination is conducted in such areas

  1. Who may report an alleged violation of the Mine Safety Laws to any DM person?

A. Any person

B. The mine foreman as long as legal action will not be taken against him

C. Equipment operators only

D. Repairman only

  1. What shall be provided in the “primary escapeway”?

A. Timbers, even if the roof is not hazardous

B. Safety jacks every 500 feet

C. 200 lbs. of rock dust every 500 feet

D. A continuous lifeline and directions signs

  1. Who is allowed to smoke or carry smokers articles underground?

A. No one

B. The mine foreman

C. The mine superintendent

D. The repairman if equipped with a gas detection device

  1. What is the penalty for any person convicted of smoking underground?

A. Class 1 misdemeanor

B. Class 6 felony

C. No penalty if the mine foreman takes gas tests every 20 minutes

D. No penalty if the mine foreman takes gas test every 3 minutes

  1. How much methane is electrical equipment allowed to be operated in or taken into?

A. No more than 5%

B. No more than 1.5%

C. Less than 1%

D. No more than 5% if equipment operators take gas tests every hour

10. What action shall be taken on power circuits and electric equipment before electrical repairs are made?

A. De-energize only if the voltage exceeds 300 volts

B. De-energize only if the voltage exceeds 440 volts

C. De-energize only if the voltage exceeds 950 volts

D. De-energize, lock out and tag

11. Who shall be trained on the requirements of the “emergency response plan”?

A. All miners

B. Equipment operators only

C. Only the mine foreman

D. Only mine foreman and personnel working on belt lines 12. Who is allowed to work or travel under “unsupported roof”?

A. Only the mine foreman

B. Equipment operators only

C. Only the mine superintendent

D. No person except those designated to install roof supports

13. What shall a mine foreman place at all areas where preshift examinations are conducted?

A. Date and time

B. Initials, date and time

C. Initials only

D. Date only

14. How often shall methane tests be made while electrical equipment is operated inby the last open crosscut?

A. Once every hour

B. Once every 45 minutes

C. Once every 30 minutes

D. At least every 20 minutes

15. What action shall be taken by the mine foreman when hazardous conditions are reported to him?

A. Give prompt attention to the removal of such hazardous conditions B. Give prompt attention only when the hazardous conditions are located in the escapeway

C. The mine foreman shall give prompt attention only where the roof is affected D. Give prompt attention only where most of the crew travels through such area of hazardous conditions.

Answers are available through the Department of Mines, Minerals and Energy’s Division of Mines for all persons meeting the Division of Mines criteria. For more information please contact our office at (276)523-8227 or via e-mail at rlm@mme.state.va.us

UNDERGROUND

GENERAL COAL MINER

ROOF CONTROL

  • From 1996 through March 2001, Virginia experienced 12 roof fall fatalities, four (4) were operating continuous mining machines, four (4) were foreman, two (2) were operating roof bolting machines, one (1) was operating a shuttle car and one (1) was dislodging timbers using a three-wheel personnel carrier. In most cases, adverse geological roof conditions were present in or near the accident area.
  • Roof falls in coal mines account for the most serious disabling injuries and fatalities in Virginia and nationwide.
  • The coal mines in Southwest Virginia have the most severe geological fault conditions (roof conditions) east of the Mississippi River. We must recognize and respect geological conditions to prevent roof fall accidents.
  • Geological conditions can cause adverse roof and can abruptly change mine roof conditions.
  • Mining above, below, or adjacent to other active or abandoned mines can directly affect roof control safety.
  • Thorough roof examinations and testing and roof support evaluations are necessary to help identify potential mine roof failure. Thorough examinations and accurate evaluations prevent serious accidents, so always examine and test the roof in all work areas prior to performing work and make frequent checks thereafter since roof conditions can change at any time.
  • Always communicate changes in mine roof conditions to all miners and report suspected hazardous conditions to the mine foreman immediately.

UNDERGROUND

GENERAL COAL MINER

ROOF CONTROL

“NEVER TRAVEL UNDER UNSUPPORTED ROOF – IT COULD COST YOU YOUR

LIFE”

  • From 1996 through March 31, 2001, three (3) Virginia Coal Miners received fatal injuries when they traveled inby permanent roof supports. Two (2) were roof belting machine operators and one (1) was a section mine foreman.
  • You must never forget, that currently in Virginia we have the worst roof conditions that have ever been encountered in this state. Most coal seams with somewhat stable roof have been mined out, and we can no longer pick and choose seams that have stable roof.
  • The Coal Mine Safety Laws of Virginia require the following: 45.1-161.116: The operator or his agent shall instruct all miners on how to make visual examinations and sound and vibration testing of roof, face and ribs. Miners exposed to danger from falls of roof, face and ribs shall examine and test the roof, face and ribs before starting work and as frequently thereafter as necessary to ensure safety.
  • Section 45.1-161.118 requires that “no person shall work or travel under unsupported roof except to install temporary supports in accordance with the approved roof control plan”.
  • Before entering any working place, check for a reflectorized or other conspicuous sign required to be installed on the last row of permanent roof supports.
  • Always be cautious and alert when approaching areas that may be “unsupported”.

The sign required to be installed on the last row of permanent roof supports is sometimes difficult to see, especially in low coal seams.

  • If a person travels under unsupported roof, it’s not a matter of being seriously injured or killed, but a matter of when.

UNDERGROUND

GENERAL COAL MINER

REMOTE CONTROL MINERS

  • From 1990 through 2000, Virginia experienced four (4) fatalities involving the operation of remote control miners. These fatalities occurred when coal miners were positioned in an unsafe location.
  • Never position yourself or allow others to position themselves in an unsafe location when near energized remote control miners. Never position yourself between equipment and the face or ribs during miner operations and never position yourself alongside the machine during tramming operations. Always stay out of the turning radius while a continuous miner is being moved.
  • Always maintain good communications with all mining personnel located in the vicinity of the mining machine. Many near misses have occurred when miner operators failed to warn others of equipment operation.
  • Always recognize that mine floor conditions, especially wet and muddy conditions, can cause sudden, unexpected movement of a continuous miner.
  • Potential pinch point hazards are increased in low coal seams by wet and muddy conditions, and unusual conditions such as dips, hills, and rolls that create steep grades.
  • Always test the emergency stop switch prior to use and ensure that operational controls are functioning properly.

UNDERGROUND

GENERAL COAL MINER

MINE EXAMINATIONS

  • Pre-shift examinations for hazardous conditions, tests for methane and oxygen and proper ventilation shall be completed by a certified mine foreman in all areas where persons are scheduled to work or travel.
  • Onshift examinations for hazardous conditions, tests for methane and oxygen and proper ventilation shall be conducted by a certified mine foreman at least once each shift on any underground section where coal is produced or where mining equipment is being installed or removed.
  • Examinations for gas shall be made by an authorized person (1) before taking equipment inby the last open crosscut; (2) before applying power to machinery that remains at or inby the last open crosscut; (3) at 20 minutes intervals where equipment is operated inby the last open crosscut; (4) both before and after blasting; (5) continuously while cutting and or welding.
  • Idle and worked out areas shall be inspected for gas and hazardous conditions by a mine foreman, immediately before miners are permitted to enter or work in such places. Never travel or work in areas that have not been properly examined. If you are assigned to travel to an idle or worked-out area to perform work, first check with the mine foreman to ensure the area has been properly examined.
  • No miner shall smoke, carry or possess smoker’s articles in any underground coal mine.

Smoking or ignition of smoker’s articles has been known to cause mine explosions.

UNDERGROUND

GENERAL COAL MINER

MINE EMERGENCIES

  • Mine emergencies including mine fires, explosions, inundations of water, and inundations of methane and low oxygen have occurred in Virginia coal mines, resulting in serious injuries and death to miners.
  • Mine emergencies involving inundations of water, methane and low oxygen occur frequently in Virginia coal mines when mines cut into other abandoned mines and sealed areas of the same mine. Mining near old, abandoned mines or sealed areas of the same mine always has a potential of serious injury or death, if cut into.
  • Always remember that old, abandoned mines and sealed areas may contain extremely dangerous amounts of water, methane, low oxygen and other poisonous gases.
  • Personal preparation for mine emergencies includes a person’s knowledge of the mine emergency escapeway routes and a persons ability to properly don an SCSR.
  • The Coal Mine Safety Laws of Virginia and MSHA Code of Federal Regulations require miners to participate in six-week practice escapeway emergency evacuation and ninety-day fire drills to ensure, that miners are consistently updated and trained on escape routes and to safely react to a mine emergency. This training includes the donning of SCSR’s and must be taken seriously by everyone because your life may depend on it.

UNDERGROUND

GENERAL COAL MINER

LOW COAL HAZARDS

  • Low height coal seams present many unique hazards including limited visibility, restricted personal mobility and inability to escape quickly in the event of an emergency.
  • The majority of coal mines operated in Virginia is mining low coal seams that range from 28 inches to 48 inches in mining height.
  • Pinch point hazards are increased in low coal seams due to your limited ability to move quickly when necessary.
  • The operation of equipment in low coal seams present special hazards because of equipment operators limited visibility of your presence.
  • Be cautious when near operating equipment in low coal seams and always try to position yourself on the same side that the equipment is being operated from so equipment operators can see you.
  • Always inform equipment operators of your presence when located near mining equipment being operated.
  • Never position yourself alongside a continuous mining machine during tramming operations.
  • Never position yourself behind curtains until you have confirmed that all applicable equipment operators that may travel through the area are made aware of your location.

UNDERGROUND

GENERAL COAL MINER

MACHINERY

  • From 1998 through 2000, Virginia experienced three (3) underground machinery fatalities, one (1) involved a mantrip, one (1) was a roof bolter operator and one (1) was a remote control miner operator.
  • Many machinery accidents result from miners caught between moving parts of a machine or between the machine and other equipment or objects.
  • Before starting machinery, ensure that other miners in the area are in the clear and made aware that the machine is being started.
  • Miners have experienced many near misses of being caught between equipment or equipment and ribs because operators failed to provide ample warning that a machine would be moving.
  • Never place yourself in a hazardous position and be aware of the location of others while operating equipment.
  • Always conduct a pre-operational inspection of machinery prior to operating and ensure safety devices including panic bars, brakes, headlights, foot switches, tram levers, emergency stop switches, etc. are operating properly.
  • Only properly trained, authorized personnel should operate machinery.

UNDERGROUND

GENERAL COAL MINER

GENERAL MINE SAFETY

  • Never alter or defeat equipment safety devices including panic bars, foot switches, tram controls, ground – ground monitoring protection, circuit breakers, etc. Coal miners in Virginia have been seriously injured and sometimes killed when safety devices had been altered or defeated.
  • Always be cautious and stay alert of pinch points. Many pinch points are present with all types of mining equipment. Some of the most common pinch points are the continuous miner conveyor boom, roof bolter drill head scissors arm and scoop center section area. Even though many other pinch point areas are present in the mines, many Virginia coal miners have been seriously injured in the pinch points identified.
  • Never work underneath equipment until it is securely blocked. Many near miss accident situations have occurred when coal miners began repair work prior to securely blocking equipment.
  • Always stay cautious when located near trailing cables that provide power to equipment that have cable reel take up devices. These cables have injured coal miners when the cable reel take up device was activated or when a person was located on top of the cable when the equipment approached.
  • Remember that some cable reel take up devices are activated by the equipment operator while others are activated when the equipment is energized. Roof bolting machines and shuttle car trailing cables account for most injuries associated with cable reel devices.
  • Always be cautious of haulage equipment hazards. Hazardous locations include equipment traveling through curtains, blind spots, low visibility areas and all equipment being trammed from one location to another location.
  • Always ensure that the correct electrical circuit has been de-energized, locked out and tagged prior to performing electrical work on such equipment. Never forget that coal miners have been seriously and sometimes fatally injured when the proper circuit was not de-energized, locked out and tagged.

UNDERGROUND

GENERAL COAL MINER

BELTS/BELT DRIVES

  • When working around and prior to starting belts and belt drives, always make absolutely certain that all personnel are in the clear of moving parts of the belt and or belt drive. Always wear tight fitting clothing to prevent accidental entanglement with moving parts.
  • Never remove beltline or belt drive guards to perform cleaning or any type of work when a belt or belt drive is operating. Coal miners in Virginia have been seriously injured when they removed various types of guards and attempted to clean the area or attempted to remove objects such as roof bolts fouled in a belt drive, around a roller, etc. Make sure all guards are in place before starting belts.
  • When cleaning (shoveling) belt lines, always shovel in the direction that the belt is traveling. Miners in Virginia have been seriously injured shoveling against the direction of travel of a beltline as their shovels were kicked back from the moving belt.
  • Always make sure that electrical disconnecting devices are de-energized, locked out and suitably tagged before performing work on belts or belt drives. This means disconnecting the appropriate belt drive circuit breaker cathead and not just switching the beltline on/off switch to the off position.
  • Never attempt to cross a moving belt or a belt that may be started. Coal miners have been seriously injured when they attempted to cross an idle belt and some other person energized the belt from a different location.
  • When working along belt lines or around belt drives, make sure roof and rib conditions are examined prior to performing work and frequently thereafter. Coal miners have been seriously injured by roof falls or rib rolls while performing belt work because they failed to properly examine and evaluate roof/rib conditions.
  • Report all belt line deficiencies including belt alignment, stuck or worn out rollers, bad splices, objects fouled in a drive or roller, etc. to the foreman in charge. Always report hazardous conditions immediately to the foreman in charge.

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINES

_________________________________ ________________________________ Applicant’s Name Social Security Number

MINE GAS DETECTION QUALIFICATION

DIVISION OF MINES USE ONLY This check list is to be completed by a Division of Mines Inspector, Instructor, or Technical Specialist providing training and evaluation of a coal miner for qualification to conduct methane test pursuant to 45.1-161.231 and 45.1-161.252 of the Coal Mine Safety Laws of Virginia. (FORM DM-BCME-1

APPLICATION FOR CERTIFICATION, MUST BE SUBMITTED WITH THIS CHECKLIST) MINE GASES Properties of Gases Different Mine Gases- Overview Methane gas- Detailed review of Properties Carbon Dioxide (Low Oxygen Hazard) Carbon Monoxide Hydrogen Gas Oxygen

METHANE TEST (State and Federal How to perform Legal Test When Testing is Required Where Testing is Required

ACTIONS FOR EXCESSIVE METHANE Action required for excessive methane in working

METHANE DETECTORS

Types of Detectors- Overview Operating Procedures Maintenance and Permissibility Requirements Calibration Procedures Care and Handling of Detectors

PRACTICAL DEMONSTRATION BY MINER Pre-operation Check of Detector Calibration of Detector Conduct test for Methane

I certify that the above named miner has received the instruction in mine gases and methane detection indicated and has demonstrated proficiency in conducting proper tests for methane using a hand-held methane detector.

_____________________________________ _____________________________________ Signature, DM Representative Date

SUBMIT CHECKLIST AND DM-BCME-1 TO THE CERTIFICATION SECTION FOR ISSUANCE OF GAS CARD REVISED 5/10/99 Board of Coal Mining Examiners P.O. Drawer 900 Big Stone Gap, VA 24219 (276)523-8149

Application for Certification Examination

Applicants for certification must complete this form and submit a $10.00 non-refundable fee for each exam.

Type or print the information in ink or pay the fee with a certified check, cashier’s check or money order made payable to the Treasurer of Virginia. Cash will be accepted if paid in person. Submit the application and fee to the board of Coal Mining Examiners at least five working days prior to the date of examination.

  1. Full Name______________________________________________S.S.#______________________________
  1. Address__________________________________________________________________________________ Street or P.O. Box City State Zip Code
  1. Date of Birth ________________________Home Phone No. ( )__________________________________ Month/Day/Year
  1. Total year employed at a coal mine: ________________ ___________________ Underground Surface
  1. List your current (or most recent) mining experience

Company Name ___________________________________________________________________________

Address __________________________________________________________________________________ Street or P.O. Box

  1. Attach copies of the required documentation needed for each certification.

10. Examination Requested (Check One) *BCME Instructor check the courses you wish to teach

[ ] Advanced first aid [ ] Automatic elevator operator [ ] Blaster endorsement-DMLR (no fee) [ ] Chief electrician (sur/UG or sur) [ ] Diesel engine mechanic instructor [ ] Dock foreman [ ] Electrical maintenance foreman [ ] First aid instructor [ ] First class mine foreman (sur/UG or surface) [ ] First class shaft or slope foreman [ ] Gas detection qualification (no fee) [ ] General coal miner [ ] Hoisting Engineer [ ] Instructor – BCME* (surf/strips and augers or surf/UG) [ ] MSHA electrical reinstatement [ ] Preparation Plant Foreman [ ] Mine inspector [ ] Surface blaster [ ] Surface electrical repairman [ ] Surface facilities foreman for shops, [ ] Surface foreman [ ] Top person labs, and warehouses [ ] Underground diesel engine mechanic [ ] Underground electrical repairman [ ] Underground shot firer

I hereby certify that the above answers are true to the best of my knowledge and belief.

Signed ______________________________________Date _____________________

DM-BCME-1 (Revised 5/25/99)When conducting gas detection training you are requested to thoroughly review with the individual the following:

The properties of mine gases, including discussions on specific gravity & effects of temperature and pressure.

The list of mine gases with emphasis on methane, oxygen, hydrogen, and carbon dioxide and carbon monoxide.

Proper procedures for taking a gas test. NOTE: “Hands On” participation by student.

When and where gas tests are required.

Procedures when methane is detected in a working place.

Calibration of gas detection instrument. NOTE: “Hands On” participation by students.

Duties and responsibilities as a miner under Mine Safety Act.

GAS DETECTION TRAINING 45.1-161.229 45.1-161.231 45.1-161.232 45.1-161.233 PROPER PROCEDURES FOR TAKING A GAS TEST  Check instrument for mechanical condition. (per manufacturer’s recommendation)

 Check battery for proper voltage level. (per manufacturer’s recommendation)

 Check mechanical “zero”. (per manufacturer’s recommendation)

 Calibrate (per manufacturer’s recommendation) – must be calibrated monthly and more often if needed.  Conduct test for methane by activating detector and reading concentrations 12” from mine roof, face, and floor in the area being examined.

 Avoid holding methane detectors in a bleeder for extended periods of time as this will render the sensor defective.

 When higher concentrations of methane have been encountered, calibrate your detector as soon as possible.

 Avoid synthetic fuels when conducting methane checks since these materials can affect readings and damage sensors.  Protect methane detectors from water and other adverse environmental conditions.

Prior to energizing equipment in and inby the last open crosscut

Prior to taking equipment into working place and at 20 minute intervals

Prior to cutting and welding and continuously during this activity

Prior to and after detonation of explosives

During required examinations:

  1. Pre-shift and on-shift examinations of working places.
  1. Required examinations of immediate returns.
  1. Places where methane is likely to accumulate.
  1. Return side of each set of seals.
  1. Weekly examinations of ventilation and bleeder system.

NOTE: Oxygen Deficiency Tests are required during examinations. If oxygen is below 19.5% by volume, ventilation must be improved. Oxygen tests should be made frequently when approaching or around old works.

METHANE TESTS ARE REQUIRED

WHEN METHANE IS DETECTED IN YOUR WORKING PLACE!!

At 1% - stop operations, deenergize at the machine breaker and improve ventilation to reduce below 1%.

At 1.5% or greater – stop operations, deenergize at the source (power center) and withdraw personnel from affected area except for those needed to improvements to reduce methane levels.

At 5%+, notify your foreman promptly. This will be treated as an imminent danger situation which could require withdrawal from the mine. Do not attempt to move or ventilate high concentrations of methane unless you are designated to correct the problem and then only at the direction of certified persons and following precautions to avoid potential ignition sources.

MEMORANDUM

DATE: August 25, 1997

TO:

All DM Personnel Conducting Gas Detection Training

FROM: ____________________________________________

Frank A. Linkous, Chief

The requirement for all miners who work in face areas to be trained in gas detection is an important provision of the Coal Mine Safety Laws of Virginia. From time to time, you may be required to perform instruction and hands-on training to qualify miners for performing gas tests.

This packet of information has been developed to assist you in your efforts to train miners in the properties of mine gases, proper procedures for conducting gas tests, and response to excessive levels of methane.

All gas detection qualification training must include these basic areas of instruction to be considered complete. You should review and discuss each outline as developed, provide hands-on demonstration in the proper use, maintenance and calibration of the methane detector, and present the completed packet of information to the miner for his further review and reference as needed.

Upon completion of instruction, you should ensure that the two required BCME forms included in the packet are completed and delivered to the DM Certification Section.

pm Gas Detection Chart Gas Detection Methods

When to Test

Oxygen (02) Oxygen indicator.

During any examination.

Flame safety lamp.

Chemical analysis

Nitrogen (N2) Chemical analysis

When an oxygen deficient atmosphere is suspected. In mines where nitrogen issues from rock strata. In inactive areas where ventilation has been inadequate.

Carbon Dioxide Carbon dioxide

After a fire or explosion. When entering (CO2) detector. Multi-

abandoned areas. When reopening sealed

gas detector.

areas.

Methane (CH4) Methane detector.

During any examination. When normal Chemical analysis

ventilation is disrupted. When entering abandoned workings.

Carbon Carbon monoxide

After a fire or explosion. When entering Monoxide detector. Multi-gas

abandoned areas of the mine. When (CO) detector. Chemical

reopening sealed areas.

Analysis.

Nitrogen Nitrogen dioxide

After mine fires or explosions. When diesel Dioxide detector. Multi-gas

equipment is used. After detonation of

(NO2)

detector. Chemical

explosives.

analysis. Color.

Hydrogen Multi-gas detector.

After mine fire or explosion. Near battery (H2) Chemical analysis

charging stations. When steam is produced

foam in firefighting

by water, mist or foam in firefighting.

Hydrogen Hydrogen sulfide

In poorly ventilated areas. During unsealing Sulfide (H2S) detector

operations. Following mine fires.

Sulfur Multi-gas detectors.

When standing water is disturbed.

Dioxide Chemical analysis. (SO2) Odor, taste, and respiratory

tract irritation.

Heavy Multi-gas detector.

Following fires or explosions when methane Hydrocarbons Chemical analysis.

is present. Following accidental entry into Ethane (C2H6)

adjacent oil or gas well casings.

Butane (C2H8) Propane(C4H10) Acetylene Multi-gas detector,

Following a methane explosion in air which is (C2H2) chemical analysis,

low in oxygen or from disruption/opening of

odor.

acetylene tank.

Gas

Chemical Specific Explosive

Health Hazards

Solubility Colors Odor Taste Symbol Gravity Range

Air

  1. 000

Oxygen 02

1.1054 Supports Oxygen deficiency:

Moderate - -

combustion 17% panting, 15% dizziness

and headache, 9% unconsciousness,

6% death

Nitrogen

N

  1. 9674

Asphyxiation

Slight

(oxygen depletion) Carbon

CO2

  1. 5241

Increases breathing rate.

Soluble - -

  • Acid in high Dioxide

May cause death in high concentration.

concentration

Methane

CH4

  1. 5545 5 to 15% Asphyxiant (rare)

Slight

Carbon

CO

  1. 9672 12.5 to Highly toxic.

Slight

  • Monoxide

74.2% Can be an asphyxiant.

Nitrogen

NO2

  1. 5894

Highly toxic.

Slight Reddish Blasting Blasting Dioxide

N204

Corrosive effect on lungs.

brown powder fumes powder fumes

May be asphyxlant.

Hydrogen

H2

  1. 0695 4.0 to 74.02% Asphyxiant

Highly explosive (oxygen depletion).

Hydrogen

H2S

  1. 1906 4.3 to 45.5% Highly toxic.

Soluble - -Rotten Sweetish Sulfide

Can be an asphyxiant.

eggs

Sulfur

SO2

  1. 2678

Highly toxic.

Highly - -Sulfurous Acid (bitter) Dioxide

Can be an asphyxiant.

Ethane

C2H6

  1. 0193 3.0 to 12.5% Asphyxiant (rare)

Slight

Propane

C3H8

  1. 5625 2.12 to 9.35% Asphyxiant (rare)

Slight

  • “Carry” in high

concentrations Butane

C4H10

  1. 0100 1.86 to 8.41% Asphyxiant (rare)

Slight - - “Carry” in high - -

concentrations

Acetylene

C2H2

  1. 9107 2.5 to 80% Only slightly toxic.

Only slight - -

Garlic

Asphyxiant (rare)

MINE GAS CHART Effects of Temperature and Pressure on Gas

Effects of Temperature on Gas

HOT

COLD

DIFFUSES QUICKLY DIFFUSES SLOWLY

temperature increases - gas expands temperature decreases - gas contracts

pressure increases - gas contracts pressure decreases - gas expands

Effects of Pressure on Gas

Pressue Increases Pressure DecreasesEFFECTS OF TOXIC GAS DEPEND ON:

1. CONCENTRATION

2. TOXICITY

3. LENGTH OF EXPOSURE

EFFECTS CERTAIN PERCENTAGES OF OXYGEN HAVE ON PEOPLE 21 20

BREATHE EASILY AND WORK BEST 19 18 17

BREATHE FASTER AND DEEPER 16 15 14 13 12

BECOME DIZZY, BUZZING IN EARS,

RAPID HEARTBEAT, HEADACHES 11 10 9 8

FAINTING AND UNCONSCIOUSNESS 7 6 5

MOVEMENTS ARE CONVULSIVE, 4

RESPIRATION OF INTERMITTENT

GASPS THAT FINALLY CEASE. 3

FOLLOWED IN A FEW MINUTES BY STOPPING OF THE HEART ACTION. 2 1 Contents of Normal Air

Nitrogen 78%

Carbon Dioxide Oxygen 1.2% Argon 20.8% Other Gases

Specific Gravity (Relative Weight)

0.5 SEEKS HIGH PLACES

AIR = 1

  1. 5

SEEKS LOW PLACES

2.0 SAFE

BETTER RELATIONSHIP BETWEEN LEVELS

OF OXYGEN AND METHANE

EXPLOSIVE

0 Makes Dangerous CH Makes Dangerous 2 4

5 10 15

20

15

10

5

10% 15% 5% Methane Percent

Virginia Coal Mine Map Submission RequirementsDoc ID: DM-M-07-04

Original: 505 words
Condensed: 287 words
Reduction: 43.2%

GEORGE P. WILLIS

DIVISIONS

DIRECTOR

ENERGY

GAS AND OIL

MINED LAND RECLAMATION

MINERAL MINING

MINERAL RESOURCES

MINES

ADMINISTRATION

CCO

OM

MM

MO

ON

NW

WEEA

ALLTTH

H O

OFF V

VIIRRG

GIIN

NIIA A Department of Mines, Minerals and Energy Division of Mines P.O. Drawer 900 Big Stone Gap, VA 24219-0900 (276) 523-8100 Frank A. Linkous, Chief EQUAL OPPORTUNITY EMPLOYER TDD (800) 828-1120 --- Virginia Relay Center

MEMORANDUM DM 07-04

TO: Coal Operators

Deleted: _____________FROM: Frank A. Linkous Frank A. Linkous, Division of Mines Chief

DATE: July 1, 2007

SUBJECT: Map Submittal

As of July 1, 2007, coalmine operators in Virginia are required to submit annual mine maps to the Department of Mines, Minerals and Energy, Division of Mines (DM) in electronic format unless otherwise approved by the Chief. Section 45.1-161.64 of the Coal Mine Safety Laws of Virginia, as amended by the 2007 General Assembly and signed by Governor Kaine, details this and other requirements of mine map submittals to the Division of Mines.

The Division of Professional and Occupational Regulation (DPOR) standards provide for use of an electronic seal, signature, and date provided that the following criteria are met:

  1. It is a unique identification of the professional;
  2. It is verifiable; and
  3. It is under the professional’s direct control.

The DPOR regulations further state, “A professional should not seal original documents made of mylar, linen, sepia or other materials, or which are transmitted electronically, which can be changed by the person or entity with whom the documents are filed, unless the professional accompanies such documents with a signed and sealed letter making the recipient of such document aware that copies of the original documents as designed by the professional have been retained by the professional and that the professional cannot assume responsibility for any subsequent changes to the reproducible of the original document, which are not made by the professional or those working under his direct control and personal supervision”.

Additionally, seal requirements for professional engineers have changed in that as of February 1, 2007, seal imprints must contain the abbreviation “Lic” immediately preceding the license number of the professional.

Electronic maps submitted to the Division of Mines should be in AutoCad “.dwg” format and meet the layering standards previously established by DMME. A sample DWG may be downloaded from the DMME Web Site by using the following address: http://www.dmme.virginia.gov/divisionmines.shtml. Other electronic formats may also accompany the “.dwg” submittal for printing purposes, such as Adobe “.pdf” and AutoCad “.dwf.”

The Division of Mines (DM) will receive electronic maps placed on a CD delivered or mailed to our offices in Big Stone Gap or Keen Mountain.Division of Mines Division of Mines P O Drawer 900 P O Box 709 Big Stone Gap, VA 24219 Keen Mountain, VA 24624 Maps are to be submitted in VA South NAD 27 coordinate system, DMME is now also accepting maps in VA South NAD 83 state plane coordinate systems.

Should you have any questions, please feel free to call DM Technical at 276-523-8281, 276-523-8229 or DMLR Technical at 276-523-8193.

Mining Land Reclamation Certification ProceduresDoc ID: DMLR-P-3307

Original: 1,207 words
Condensed: 1,062 words
Reduction: 12.0%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.07

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Certification of Ponds, Roads, Fills, Section Enforcement & Stream Channel Diversions Last Revised February 26, 2003

OBJECTIVE AND INTENT:

To ensure the Field Inspector properly reviews and processes the permittee’s construction certification of ponds, roads, fills, and stream channel diversions.

PROCEDURES :

Sediment Ponds

Siltation structures must meet the requirements of Section 4 VAC 25-130-816.46(b)(3) or 817.46(b)(3).

Inspections of an impoundment must be conducted by a qualified registered professional engineer (RPE) or other qualified professional specialist working under the direction of a RPE. The required inspections must be made regularly during construction, upon completion of construction, and annually until the structure is removed. The Inspector must inform the permittee or RPE that a certified report (DMLR-PT-092C and DMLR-PT-251) must be filed with the Division within 2 weeks of each impoundment inspection.

Changes in the construction criteria, as determined appropriate by the certifying RPE, in the site plan, location, or dimension of the structure that do not alter the design criteria do not need to be submitted for review or receive prior approval. These changes, however, must be described by the certifying RPE and shown in the “as built” certification drawing. The drawing, supporting calculations, and narrative describing the changes, purpose, and justification must be attached to the certification form (DMLR-PT-092C), showing the “as built” dimension of the structure, any associated spillways, dewatering devices, or other treatment facilities.

If there are proposed design criteria alterations from the original approved plans, the Division must approve these changes prior to construction. Generally, such changes as, but not limited to, the following will necessitate a revision (form DMLR-PT-034E):

  1. A proposed change from an excavated basin to embankment, an embankment to flow through, or a flow through to embankment.
  2. Proposed changes in the location which may alter the character or function of the structure.
  3. A proposed change which may impact fish and wildlife, ground water, or residents not considered in the original permit application.
  4. A proposed change in pool volume, dam height or width; which, in the event of failure, could result in adverse effects to downstream structures or residences.
  5. Any proposed change which will alter the PHC.
  6. Any proposed change that requires MSHA review and approval.
  7. Any proposed change in the type of spillway (i.e., changing from open channel to drainage pipe or vice versa).

In addition to certifying the structure’s construction, DMLR-PT-092A is to be used for the annual pond certifications required by 4 VAC 25-130-816.49(a)(10) or 4 VAC 25-130-817.49(a)(10).

Upon submittal of the certifications/inspections the Inspector shall:

  • Ensure that the certification is made by a qualified, registered professional engineer, and
  • Review and approve/reject the DMLR-PT-092A and/or the DMLR-PT092C and/or the DMLR-

PT-251, 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.07

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Certification of Ponds, Roads, Fills, Section Enforcement & Stream Channel Diversions Last Revised February 26, 2003 Roads

Roads for transporting coal must meet Section 4 VAC 25-130-816.151(g) or 817.151(g). This construction or reconstruction must be certified by a qualified RPE in a report (DMLR-PT-098) to the Division that it was constructed as designed.

If the road construction certification does not correspond with the approved design and specifications, the Inspector shall instruct the permittee to address any variation from the approved plans by submitting certification form DMLR-PT-098, indicating “as built” construction and include the road’s revised design (with appropriate design data, maps, plans and cross-sections).

Upon submittal of the certification, the Inspector shall:

  • Ensure that the certification is made by a qualified RPE.
  • Review and approve/reject the DMLR-PT-098.

Excess Spoil Fills

Excess spoil fills must meet the requirements of Section 4 VAC 25-130-816.71(h) or 817.71(h).

If the fill construction does not correspond with the approved design and specifications, the Inspector shall instruct the permittee to note the changes in the “quarterly fill certification” or “critical construction period certification”. Also, complete design information that meets the minimum design requirements of the regulations must be submitted with the fill certification form (DMLR-PT-105). Generally, such construction changes as, but not limited to, the following list will require that design information accompany the fill certification:

  1. Change in the number of terraces, vertical spacing of terraces;
  2. Change in fill volumes;
  3. Change in the size, length, type of rock of the under drain;
  4. Change from a standard fill to a durable rockfill or vice versa;
  5. Increasing the steepness of the fill outslope;
  6. Fill construction is completed in a manner resulting in the toe of the fill resting on a steeper slope than was approved;
  7. Increase of aerial extent of fill;
  8. Change in stream channel length (may require additional mitigation measures);
  9. Change in size, location, grade or lining of diversion ditches; 10. Increase in lift thickness; and/or 11. Adding additional underdrains.

Upon submittal of the certification the Inspector shall:

  • Ensure that a qualified, registered professional engineer makes the certification.
  • Ensure that color photographs are included with the certification
  • Review and approve/reject the DMLR-PT-105. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.07

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Certification of Ponds, Roads, Fills, Section Enforcement & Stream Channel Diversions Last Revised February 26, 2003 If the permittee is required to conduct acid-base analysis of the fill material (as a condition of permit approval), the Inspector should ensure that the permittee also submits the Quarterly Acid-Base Monitoring report (DMLR-PT-239) to the Division with the construction certification.

Coal Processing Waste Dams, Embankments and Slurry Impoundments

Coal processing waste structures are to be designed, constructed and maintained in accordance with the requirements for excess spoil fills. The Inspector shall direct the permittee to complete and submit form DMLR-PT-105 to certify construction of these structures during critical stage construction phases, and quarterly until final construction is achieved.

The Inspector should remind the permittee that the company’s inspection findings must be maintained at the mine site, and that the permittee is required to notify the Division immediately if the structure poses a potential hazard to the public health or safety or harm to the environment.

The Inspector should note each disposal site that is a MSHA class impounding facility where the inspection, reporting, and certification requirements of 30 CFR Section 77.216 apply (per 4 VAC 25-130-816.49(a)(1)). The Inspector shall review these inspection reports and document the review during the quarterly complete inspection.

The inspection report shall note the most recent inspection date of the structure, and who conducted such. An annual certification (DMLR-PT-092A and/or DMLR-PT-251) is required for the impoundment.

Stream Channel Diversions

The Inspector is to direct the permittee to submit form DMLR-PT-233 to certify the construction of a stream channel diversion of a perennial or intermittent stream. The certification must be completed by a qualified RPE and must be prepared for temporary and permanent stream channel diversions. For temporary diversions, once the stream channel diversion is reclaimed per the approved plans, the permittee must certify that the structure was reclaimed per the approved plans. If the stream channel diversion does not correspond with the approved design specifications, the permittee must submit a revision application that includes the “as-built certification” accompanied with complete design information that meets the minimum regulation requirements.

The Inspector shall:

  • Ensure that a qualified, registered professional engineer makes the certification.
  • Review and approve/reject the DMLR-PT-233. 3

Aquatic Species Protection in Virginia Coal MiningDoc ID: DMLR-G-26-09A

Original: 9,425 words
Condensed: 8,045 words
Reduction: 14.6%

The Aquatic Species-Specific Protective Measures Guide to Permitted Coal Mining Activities in Virginia

Developed by:

Virginia Department of Mines, Minerals, and Energy, Division of Mined Land Reclamation

In consultation with:

U.S. Office of Surface Mining Reclamation and Enforcement U. S. Fish and Wildlife Service Virginia Department of Game and Inland Fisheries

February 2009 Feb. 2009 i Table of Contents

1. AQUATIC SPECIES-SPECIFIC PROTECTIVE MEASURES BACKGROUND ................. 1

2. AQUATIC SPECIES-SPECIFIC PROTECTIVE MEASURES IMPLEMENTATION AND

ASSESSMENT ......................................................................................................... 2

3. BEST MANAGEMENT PRACTICES ..................................................................................... 2

  1. 1 Riparian Zones...................................................................................................................... 2
  2. 2 Road Sumps.......................................................................................................................... 3
  3. 3 Miscellaneous ....................................................................................................................... 3
  4. 4 In-stream Work Time-of-Year Restrictions (TOYR)........................................................... 4

4. BIOLOGICAL AND CHEMICAL MONITORING................................................................. 5

  1. 1 Probable Biological Consequences ...................................................................................... 5
  2. 1.1 Macroinvertebrate Biomonitoring.…….………………………………………………….6
  3. 1.2 Fish Biomonitoring ……………………………………………………………………….7
  4. 1.3 Blackside Dace Surveys:................................................................................................ 7
  5. 1.4 In-Stream Chemistry: ..................................................................................................... 7
  6. 1.4.1 Surface Water: ......................................................................................................... 8
  7. 1.4.2 In-stream Sediment Monitoring:.............................................................................. 8

5. PILOT PROGRAM FOR WHOLE EFFLUENT TOXICITY (WET) TESTING .................... 8

6. LITERATURE ……………………………………………………………………………….9

List of Tables

Table 1. Listed State and Federal aquatic mollusks and time of year restrictions (TOYR) .......... 4

Table 2. Listed State and Federal fishes and corresponding time of year restrictions (TOYR).... 5

Table 3. Monitoring program for each new coal mine permit or initial permit renewal following adoption of species specific protective measures. ........................................................... 6

Appendices

Appendix 1 Draft TVA Protocol for Conducting an Index of Biotic Integrity Biological Assessment, Updated 2005 ..................................................................................... 11

Appendix 2 Ecological Guilds of Upper Tennessee River Basin Fishes for Application to the

TVA IBI .................................................................................................................. 30

Appendix 3 Surface Water Chemistry Methods and Detection Limits....................................... 35 Feb. 2009 ii

ACRONYMS

Acronym

Title

BO 1996 Biological Opinion and Conference Report on the Surface Mining Control and Reclamation Act of 1977

CWA Clean Water Act DMLR Virginia Department of Mines, Minerals and Energy, Division of Mined Land Reclamation

EC Effects Concentration EPA U.S. Environmental Protection Agency ESA Endangered Species Act FWCA Fish and Wildlife Coordination Act IBI Index of Biotic Integrity KIBI Kentucky Index of Biotic Integrity KYMBI Kentucky Macroinvertebrate Biotic Index LOEC Lowest Observable Effects Concentration OSM U.S. Office of Surface Mining Reclamation and Enforcement PBC Probable Biological Consequences SMCRA Surface Mining Control and Reclamation Act SSPM Species-specific protective measures TOYR Time-of-year restrictions TVA Tennessee Valley Authority USEPA U.S. Environmental Protection Agency USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey VDEQ Virginia Department of Environmental Quality VDGIF Virginia Department of Game and Inland Fisheries WET Whole Effluent Toxicity WQS Water Quality Standards Feb. 2009 iii

1. AQUATIC SPECIES-SPECIFIC PROTECTIVE MEASURES BACKGROUND

This Guide, developed by the Virginia Department of Mines Minerals and Energy, Division of Mined Land Reclamation (DMLR), with input from the U.S. Office of Surface Mining (OSM), the U.S. Fish and Wildlife Service (USFWS) and the Virginia Department of Game and Inland Fisheries (VDGIF), provides measures that coal mining permit applicants may follow to reduce the potential for coal mining activities to:

  • adversely affect State and federally listed, proposed, or candidate aquatic species, or
  • adversely modify federally designated or proposed critical aquatic habitat in the coal mining region of southwestern Virginia.

In accordance with the 1996 Biological Opinion (BO), titled Section 7 Formal Consultation and Conference Report on Surface Coal Mining and Reclamation Operations Under the Surface Mining Control and Reclamation Act of 1977, these measures respond to Term and Condition 1 of the BO. It states “The regulatory authority, acting in accordance with the applicable SMCRA regulatory program, must implement and require compliance with any species-specific protective measures developed by the USFWS field office and the regulatory authority (with the involvement, as appropriate, of the permittee and OSM).” The objective of measures implemented under Term and Condition 1 of the BO is to minimize potential take of federally listed species during lawful mining activity. The measures set forth herein are designed to meet this objective, effectively streamlining the permitting and review process. However, applicants are not bound to implement these measures in all circumstances. Rather, they may choose to develop alternative measures that are tailored to the size, location, and other characteristics of the project area, provided that the measures are at least as protective as those herein. If an applicant elects to implement alternative protective measures, the DMLR and USFWS will determine whether the alternatives are consistent with the objectives of the BO.

To ensure that this Guide continues to reflect the best available science, the DMLR will periodically evaluate the effectiveness of the species-specific protective measures set forth herein, with input from OSM, USFWS and VDGIF, the regulated mining community and other interested stakeholders. They will modify these measures, as appropriate, to reflect any new information available from management experience and scientific monitoring and research.

These protective measures will aid the DMLR, USFWS, VDGIF, coal mine permit applicants and permittees when coordinating on projects involving the following laws pertaining, in part, to surface water or groundwater environments and the species that inhabit those environments:

  • Surface Mining Control and Reclamation Act (SMCRA) (30 U.S.C. 1201-1328)
  • Virginia Coal Surface Mining Control and Reclamation Act (Title 45.1, Chapter 19, §45.1-226, Code of Virginia)
  • Clean Water Act (CWA) (33 U.S.C. 1251-1376)
  • Endangered Species Act (ESA) of 1973 (87 Stat. 884, as amended, 16 U.S.C. 1531 et seq.)
  • Fish and Wildlife Coordination Act (FWCA) (48 Stat.401, as amended; 16 U.S.C. 661 et seq.)
  • Virginia Endangered Species Act (Title 29.1, Chapter 5, §29.1-563, Code of Virginia).

Feb. 2009 2

OSM, while maintaining oversight authority, has delegated SMCRA regulatory functions to Virginia. Discharges of pollutants to waters of the United States are subject to Section 402 of the CWA, administered nationally by the U.S. Environmental Protection Agency (EPA), with authority for the program delegated to Virginia DMLR for coal mining permits.

2. AQUATIC SPECIES-SPECIFIC PROTECTIVE MEASURES IMPLEMENTATION

AND ASSESSMENT

Effects of coal mining can be transferred downstream, beyond project boundaries. Therefore, in Virginia, implementation of appropriate species-specific protective measures is required for any DMLR coal mining permit application, significant revision, or permit renewal area for a preparation plant or slurry impoundment that is in a drainage area upstream and within 10 stream-miles of federally listed species, federally designated critical habitat, or State listed threatened or endangered species. DMLR will use the VDGIF Fish and Wildlife Information System (http://vafwis.org/WIS/asp/default.asp) database to determine point locations of endangered species and federally designated critical habitat within this 10 mile distance. Since the VDGIF database defines areas of interest by using a radius, several trial runs may be required to adjust this radius to be consistent with the 10 stream-mile applicability threshold. Three years after initial implementation of protective measures, the DMLR, USFWS, OSM, VDGIF, the regulated community and other interested stakeholders will assess whether the 10 mile threshold is adequate, too long, or too short to ensure protection of listed aquatic species and designated critical habitats. Alternately for all other coal mining operation such as a surface mine or underground mine a 5 mile limit shall be used and the DMLR will use the same procedures as outlined previously for the 10 mile limit.

3. BEST MANAGEMENT PRACTICES

  1. 1 Riparian Zones

Undisturbed, forested riparian areas perform several important ecological functions. Riparian forests transfer energy from terrestrial areas to stream food webs as organic matter contained in leaf-fall and micronutrients released through groundwater leachate. In-stream habitat also is affected by forest canopy cover that provides shade and moderates water temperature. Further, large woody debris inputs enhance stream habitat diversity, and root systems along stream banks contribute to channel stability. One of the most important ecological services rendered by healthy riparian forests is the capture and retention of fine sediments eroded during storms.

Disturbance of forested riparian zones alters aquatic assemblage composition, contributing to the local loss of sensitive taxa and decreasing diversity (e.g., Jones III et al. 1999; Sutherland et al. 2002).

Since 1977, the SMCRA regulatory program has been administered to authorize various coal mining and reclamation activities through or in stream channels, subject to requirements designed to minimize any disturbance to the prevailing hydrologic balance by (1) preventing to the extent possible additional contributions of suspended solids to stream flow and runoff outside the permit area, and (2) otherwise minimizing disturbances and impacts to fish, wildlife and environmental values.

Feb. 2009 3

As described in Wenger’s 1999 review of the effectiveness of riparian buffers, we recommend the following measures to provide “…the greatest level of protection for stream corridors, including good control of sediment and other contaminants, maintenance of quality aquatic habitat, and some minimal terrestrial wildlife habitat:”

  • Base width: 100 ft (30.5 m) plus 2 ft (0.61 m) per 1% of slope.
  • Extend to edge of floodplain.
  • Include adjacent wetlands. The buffer width is extended by the width of the wetlands, which guarantees that the entire wetland and an additional buffer are protected.
  • Existing impervious surfaces in the riparian zone do not count toward buffer width (i.e., the width is extended by the width of the impervious surface, just as for wetlands).
  • Slopes over 25% do not count toward the width.
  • The buffer applies to all perennial and intermittent streams.

If a variance to the riparian buffer zone demonstrates listed species will not be jeopardized, federally designated critical habitat will not be adversely modified, and WQS will not be violated, and subsequently is approved, then the applicant should restore the stream channel and riparian buffer zone in accordance with the most current technology available (i.e., natural stream channel design, native tree/shrub plantings, minimize soil compaction). A suitable mine site restoration practice that employs the most current technology available is the Forestry Reclamation Approach (Burger et al., 2005). If the stream and riparian buffer zone cannot be restored onsite, the applicant should provide offsite mitigation in accordance with mitigation guidelines provided by the U.S. Army Corps of Engineers, Norfolk District.

  1. 2 Road Sumps

DMLR inspectors will monitor haul road sumps. When sumps are approximately 60% full, the permittee shall remove the accumulated sediment for disposal in accordance with the approved plan.

  1. 3 Miscellaneous

Petroleum and Chemical Handling Practices: Petroleum and chemical products should be stored and handled in accordance with their Material Safety Data Sheets, and any applicable regulatory plans (e.g., Spill Prevention, Control and Countermeasures Plan; Oil Discharge Contingency Plan; Waste Management Plan). In addition, as a species specific protective measure, mine sites (within the 5 or 10 mile limit of listed species or federally designated critical habitat) should handle petroleum and other chemicals (e.g., flocculants, frothing agents, polymers, acids and bases) in the following manner1:

  • Provide secondary containment, such as reserve sedimentation ponds, for slurry lines.
  • Provide secondary containment for all petroleum products.
  • Maintain dumpster on site.
  • Maintain spill cleanup kit on site.
  • Maintain MSDS sheets on site.

1 These measures are existing DMLR permit conditions for some mine sites located in the Clinch River system.

Feb. 2009 4

  • Do not store any batteries on the ground on site.
  • Require, and document on site, Spill Response Training for mine workers.
  1. 4 In-stream Work Time-of-Year Restrictions (TOYR)

Many aquatic species’ populations are vulnerable to the effects of habitat disturbance during reproduction and early development. Persistence of populations depends on the ability of individuals to reproduce and develop into adults. Therefore, time-of-year restrictions (TOYR) on project activities may need to be established to coincide with the reproductive and early growth periods of each listed species (Tables 1 and 2). Any application of recommended TOYR should be commensurate with the impacts from the proposed project under consideration and may be adjusted after review and in coordination with the VDGIF and the USFWS.

The TOYR described below apply to new permits, significant acreage amendments, and permit renewals within 5 or 10 stream miles (depending upon the type of operation as noted previously) of listed species, or federally designated critical habitat. They are focused on any instream activity necessary for conducting coal mining operations, i.e., access road crossings, etc.

Table 1. Listed State and Federal aquatic mollusks and time of year restrictions (TOYR) Long-term Brooders: TOYR 15 April – 15 June; 15 August – 30 September Common Name Scientific name Status Birdwing pearlymussel Lemiox rimosus Federal Endangered Black sandshell Ligumia recta State Threatened Cumberlandian combshell Epioblasma brevidens Federal Endangered Deertoe Truncilla truncata State Endangered Dromedary pearlymussel Dromus dromas Federal Endangered Fanshell Cyprogenia stegaria Federal Endangered Fluted kidneyshell Ptychobranchus subtentum Federal Candidate Fragile papershell Leptodea fragilis State Threatened Littlewing pearlymussel Pegias fabula Federal Endangered Oyster mussel Epioblasma capsaeformis Federal Endangered Purple lilliput Toxolasma lividus State Endangered Slippershell Alasmidonta viridis State Endangered Snuffbox Epioblasma triquetra State Endangered Spectaclecase Cumberlandia mondonota State Endangered Tan riffleshell Epioblasma walkeri Federal Endangered Tennessee heelsplitter Lasmigona holstonia State Endangered

Table 1. continued Long-term Brooder: TOYR 15 Feb. - 15 June; 15 August - 30 September Purple bean Villosa perpurpurea Federal Endangered Short-term Brooders: TOYR 15 May – 31 July Appalachian monkeyface Quadrula sparsa Federal Endangered Cracking pearlymussel Hemistena lata Federal Endangered Cumberland monkeyface Quadrula intermedia Federal Endangered Elephant ear Elliptio crassidens State Endangered

Feb. 2009 5

Fine-rayed pigtoe Fusconaia cuneolus Federal Endangered Ohio pigtoe Pleurobema cordatum State Endangered Pimpleback Quadrula pustulosa pustulosa State Threatened Pyramid pigtoe Pleurobema rubrum State Endangered Sheepnose Plethobasus cyphyus State Endangered Shiny pigtoe Fusconaia cor Federal Endangered Slabside pearlymussel Lexingtonia dolabelloides State Threatened Rough pigtoe Pleurobema plenum Federal Endangered Rough rabbitsfoot Quadrula cylindrica strigillata Federal Endangered Snails: TOYR 1 April – 15 June Spider elimia Elimia arachnoidea State Endangered Spiny riversnail Io fluvialis State Threatened

Table 2. Listed State and Federal fishes and corresponding time of year restrictions (TOYR) Common Name Scientific Name TOYR Status Blackside dace Phoxinus cumberlandensis 01 April - 01 August Federal Threatened Slender chub Erimystax cahni 01 April - 01 July Federal Threatened Golden darter Etheostoma denoncourti 01 May - 31 August State Threatened Variegate darter Etheostoma variatum 15 March - 31 July State Endangered Yellowfin madtom Noturus flavipinnis 15 May - 31 July Federal Threatened

4. BIOLOGICAL AND CHEMICAL MONITORING

Pre-project (baseline) and permit phase biological and chemical monitoring will enable evaluation of potential ecosystem changes over time in response to mining activities. In general, monitoring stations should be sited downstream from the permitted areas in each sub-basin to document cumulative impacts to the aquatic biota.

  1. 1 Probable Biological Consequences

Applicants should include a Probable Biological Consequences (PBC) statement. The PBC should include an evaluation of macroinvertebrate and fish biomonitoring, as well as in-stream chemistry data. Monitoring regimes for biological and chemical parameters are provided (Table 3) to account for natural seasonal variability. If no adverse ecological impacts are detected, or identified stressor sources are eliminated during the initial 5 years of mining activity, then monitoring frequency may be reduced during the remainder of the life of the permit. If no adverse impacts are detected in years 0-5, subsequent monitoring for renewed permits should be required only during the Mid-term Permit Review year, as specified in Table 3. The monitoring plan may be amended by the permitting agency, if operational and/or treatment processes and/or conditions change significantly during the life of a permit.

Feb. 2009 6

Table 3. Monitoring program for each new coal mine permit or initial permit renewal following adoption of species specific protective measures.

Monitoring target Years/ Frequency/ Method(s)2 Location(s) Seasonal window(s)1 0 – 5/ twice per year / KYMBI, Fish IBI site plus one site below the downstream-Invertebrates Feb. 15 – May 15 and most NPDES outfall.

Sep. 15 – Nov. 15 Applies to intermittent and perennial streams. 0, 2, 4/ once per year / TVA IBI for Below point where all UTRB streams drainage from the permit July 15 – November 15 (Appendix 1) area passes. Perennial streams only. Fish KIBI for Big Sandy R. Basin streams

Years 0 – 5, twice per EPA (Appendix 3) Fish & invertebrate Sites In-stream surface year at invert. sites; and water chemistry. years 0, 2, 4, once per fish-sampling year

  1. Year 0 is baseline, pre-project. If no adverse impacts to streams are detected during the initial 5 yr. monitoring period and the permit is renewed, fish, invertebrate, and in-stream surface chemistry monitoring should be repeated at the appropriate frequency only during the year of the mid term review.
  2. Acronyms identified below

4.1.1 Macroinvertebrate Biomonitoring:

Macroinvertebrate sampling and index scoring should follow the Kentucky Department of Environmental Protection, Division of Water protocols (Mills et al. 2002; Pond and McMurray 2002; Pond et. al. 2003). The Kentucky Macroinvertebrate Index (KYMBI) is based partly on a large sample size of streams that are in the same ecoregion as the Virginia coalfields and includes versions for application to either headwater or larger streams. The KYMBI relies on invertebrates identified to the highest practicable level of taxonomic resolution2, thereby providing a means to more accurately detect responses related to environmental alterations, as well as subtle changes that may go undetected using family-only taxonomy. In addition to conducting the habitat assessments that are part of the KYMBI protocol, instantaneous flow should be measured at the most downstream macroinvertebrate site during both the winter-spring and fall sampling foray. After two consecutive declines in MBI scores, the DMLR, USFWS and DGIF will confer to determine if any permit modifications or remedial actions are needed to address the declines.

2 Although the KYMBI was developed to utilize genus/species level identification of Chironomidae (midges), in the Virginia coalfields Chironomidae need only be identified to the family level. This will increase the speed at which macroinvertebrate bioassessments can be accomplished and address uncertainty in identifications due to the limited pool of competent midge taxonomists.

Feb. 2009 7

4.1.2 Fish Biomonitoring:

To monitor fish assemblages in Tennessee River Basin streams, the Tennessee Valley Authority’s (TVA) Index of Biotic Integrity (IBI) should be calculated after application of counterpart sampling protocols (Appendix 1). Over the past 20-plus years, the TVA fish IBI has been developed and refined based on a large number of samples in streams of the Tennessee River Valley, including Virginia. The TVA IBI metrics account for inherent variance in fish assemblage composition due to ecoregion and watershed size effects. Monitoring fish assemblages should be done during the baseline, pre-project year and then every other year through year 5. If no impacts are identified, monitoring would be repeated only during the year of the subsequent Mid-term Permit Review. Fish IBI sampling stations will be located immediately downstream of the confluence of tributaries draining the permit area. Some sampling stations may receive drainage from more than one permit. Therefore, if significant changes or declines occur at a fish IBI station, DMLR may revise the biological and/or chemical monitoring to isolate the specific stressor source(s).

For mine sites in the Big Sandy River Basin within 5 or 10 stream miles (depending upon the type of operation as noted previously) of a State listed aquatic species, fish assemblages should be monitored using the Kentucky Index of Biotic Integrity (KIBI, Compton et al. 2003) and associated sampling protocols. As with the TVA IBI, the KIBI is adjustable to ecoregion and watershed size and should be measured during years 0, 2, and 4. A spreadsheet template for calculating KIBI scores is available at http://www.water.ky.gov/sw/swmonitor/sop/. Both the KIBI and TVA IBI require measurement of the watershed area extending upstream from the point where sampling begins. To adjust metric scoring criteria for watershed size using the TVA IBI, trisected plots (Appendix 1) should be used. Instead of the trisected plot method, the KIBI incorporates watershed size (as Log10 catchment area) in spreadsheet equations provided to calculate metric scores.

4.1.3 Blackside Dace Surveys:

The federally listed threatened blackside dace (Phoxinus cumberlandensis) has recently been introduced from its native range in the Cumberland River system (Skelton and Strange 2003) to the Powell River system. It has been found in North Fork Powell River tributaries along and close to the Black Mountain drainage divide. USFWS requests for blackside dace surveys will be restricted to the North Fork Powell River watershed, unless specimens are found elsewhere in the Virginia coalfields. In the North Fork Powell drainage, if a project is to occur within 2 miles upstream of a DGIF record for blackside dace, SSPM (provided herein or an alternative approved by DMLR and USFWS) must be implemented for the dace. If an occurrence for the blackside dace is known within 10 miles of the project, then a survey should be conducted within appropriate stream habitat in this area. If the blackside dace is found during the survey, approved SSPM should be implemented.

4.1.4 In-Stream Chemistry:

Surface water chemistry should be monitored concurrent with sampling at biomonitoring sites. It is likely the composition and concentration of chemicals will vary differently in response to seasonal flow changes. Surface water sampling should be conducted at all biomonitoring sites.

As samples are collected for laboratory analyses, instantaneous pH, temperature, dissolved

Feb. 2009 8

oxygen, and specific conductance should be measured in the field, contemporaneously with all fish and macroinvertebrate sampling events. Total dissolved solids should be determined through laboratory testing until such time as a correlation can be established between specific conductance and total dissolved solids.

4.1.4.1 Surface Water:

In-stream inorganic water chemistry should be taken concurrently with each macroinvertebrate and fish IBI sample. Surface water samples should be collected and analyzed for the presence of the following constituents or water quality properties: dissolved aluminum, antimony, arsenic, beryllium, cadmium, chromium VI, copper, dissolved iron, lead, dissolved manganese, magnesium, mercury, nickel, selenium, silver, thallium, and zinc, ammonia, pH, hardness, alkalinity, sulfate, acidity, sodium, potassium, chloride. Approved methods are in Appendix 3.

Interim Chemical/Biological Monitoring Protocol for Coal Mining Permit Applications (USEPA 2000, http://www.epa.gov/region3/mtntop/pdf/interim_monitorprotocol.pdf), recommends that each of these parameters be monitored to provide useful information upon which Clean Water Act permit decisions can be made.

4.1.4.2 In-Stream Sediment Monitoring:

DMLR will:

  • implement a pilot program to characterize in-stream sediment in the Indian Creek watershed, Tazewell County
  • develop a sediment monitoring plan for Indian Creek with input from DGIF, OSM, USFWS, and interested stakeholders in the Indian Creek watershed.

5. PILOT PROGRAM FOR WHOLE EFFLUENT TOXICITY (WET) TESTING

Duration: 2.5 years

In coordination with the regulated community, the DMLR will select three permittees, each with at least one of the following types of discharges within 5 stream miles of listed species (sampling to be conducted at end-of-pipe):

  • Chemically-treated sedimentation pond effluents
  • Deep mine water discharges
  • Effluents from ponds receiving coal pile runoff

Quarterly, DMLR will request whole effluent toxicity tests using the effluent from these sources on fathead minnow, a cladoceran, and amphipod following American Society for Testing and Materials E729-96 (2002): Standard Guide for Conducting Acute Toxicity Tests on Test Materials with Fishes, Macroinvertebrates, and Amphibians. Lowest Observable Effects Concentrations (LOEC) and Effects Concentrations (EC) shall be determined. Permittees, OSM, DMLR, VDGIF, and USFWS may split samples and conduct parallel tests.

Feb. 2009 9

Following completion of the Pilot Program, the four agencies will review the results and determine whether whole effluent toxicity testing is warranted on a routine basis.

6. LITERATURE CITED

American Society for Testing and Materials. 2004:E729-96 (2002): Standard guide for conducting acute toxicity tests on test materials with fishes, macroinvertebrates, and amphibians. ASTM, West Conshohocken, Pennsylvania.

Burger, J., D. Graves, P. Angel, V. Davis, C. Zipper. 2005. The Forestry Reclamation Approach. U.S. Office of Surface Mining. Forest Reclamation Advisory Number 2. 4 p. (available from http://arri.osmre.gov).

Compton, M.C., G.J. Pond, and J.F. Brumley. 2003. Development and application of the Kentucky Index of Biotic Integrity (KIBI). Kentucky Department for Environmental Protection, Division of Water, Frankfort, Kentucky.

Jones III, E.B., G.S. Helfman, J.O. Harper, and P.V. Bolstad. 1999. Effects of riparian forest removal on fish assemblages in southern Appalachian streams. Conservation Biology 13(6):1454 - 1465

Kitchel, H.E., J.C. Widlak, and R.J. Neves. 1981. The impact of coal-mining waste on endangered mussel populations in the Powell River, Lee County, Virginia. Report to the Virginia State Water Control Board, Richmond. 26 pp. _

Mills, M.R., G.V. Beck, J.F. Brumley, S.M. Call, M.C. Compton, E.C. Eisiminger, G.J. Pond, D.R. Peake, R.N. Pierce, and S.E. McMurray. 2002. Methods for assessing biological integrity of surface waters in Kentucky. Kentucky Division of Water, Ecological Support Section, Frankfort, Kentucky. 189 p.

Pond, G.J. and S.E. McMurray. 2002. A macroinvertebrate bioassessment index for headwater streams of the Eastern Coalfield Region, Kentucky. Kentucky Department for Environmental Protection, Division of Water, Frankfort, Kentucky. 57 p.

Pond, G.J., S.M. Call, J.F. Brumley and M.C. Compton. 2003. The Kentucky macroinvertebrate bioassessment index: derivation of regional narrative ratings for wadeable and headwater streams. Kentucky Department for Environmental Protection, Division of Water, Frankfort, Kentucky. 53 p.

Skelton, C.E. and R.M. Strange. 2003. Taxonomic status and distribution of blackside dace (Phoxinus cumberlandensis) and Clinch dace (Phoxinus sp. cf. saylori) in Virginia. Final report submitted to the U.S. Fish and Wildlife Service. 18 p.

U.S. Environmental Protection Agency. 2002. Clinch and Powell Valley Watershed Ecological Risk Assessment. National Center for Environmental Assessment Office of Research and Development, Washington, D.C. EPA/600/R-01/050, 161 p.

Feb. 2009 10

Virginia Department of Environmental Quality. 2003. Standard operating procedures manual for the department of environmental quality office of water quality monitoring and assessment. Commonwealth of Virginia, Department of Environmental Quality, Water Quality Assessment, Richmond, Virginia. 77 p.

Wenger, S. 1999. A review of the scientific literature on riparian buffer width, extent, and vegetation. Office of Public Service and Outreach, Institute of Ecology, University of Georgia, Athens, Georgia. 59 p.

Feb. 2009 11

Appendix 1

Draft TVA Protocol for Conducting an Index of Biotic Integrity Biological Assessment, Updated 2005

Feb. 2009Appendix 1 12

DRAFT

TVA PROTOCOL FOR CONDUCTING AN INDEX OF BIOTIC

INTEGRITY BIOLOGICAL ASSESSMENT, UPDATED 2005

Introduction

The index of biotic integrity (IBI) is an environmental assessment of a stream based on ecological metrics applied to

the resident fish community (Karr, 1981). Twelve metrics address species richness and composition, trophic

structure, fish abundance, and fish condition (Table 1). Each metric reflects the condition of one aspect of the fish

community and is scored against expectations under reference conditions. Potential scores are 1-poor, 3-

intermediate, or 5-the best to be expected. Scores for the 12 metrics are summed to produce the IBI for the site. The

IBI is then classified using the system developed by Karr et al. (1986) rating the site from “Very poor” to

“Excellent” (Table 2). Additional information on the strategies underlying the methodology and individual metrics

is presented by Plafkin et. al. (1989).

Site Selection

There are two steps in sample site selection. Use a 7.5 minute topographic map(s) to locate the study area and

potential stream access points which may serve as sampling sites. Secondly, visit potential access points to select

sampling sites and get property owner permission, if necessary. Sample site selection is governed primarily by

study objectives, stream physical features, and stream access.

Study Objectives

To monitor a point source discharge, sample sites should be located upstream (control site) and downstream (study

site) of the point source to isolate and measure potential effects. If possible, sample sites should be located to avoid

having other potential sources of pollution contribute to the stream between the sampling sites and the targeted point

source. Such extraneous influences can distort results and, if they can not be avoided, may also need to be assessed

to help explain results. Another concern is locating the study site downstream of the mixing zone of the point source

effluent. It is important that all fish and all habitats within the stream channel be exposed to the effluent.

Identifying the mixing zone is usually more of a problem in larger streams, generally greater than 10 m wide. These

situations may require selection of more than one study site. To characterize non-point source run-off within a

Feb. 2009Appendix 1 13

watershed, sites should be located in the lower end of sub-watersheds and/or periodically on the mainstream of the

watershed to reflect cumulative effects from activities upstream. Localized non-point source run-off can be

monitored with the same strategy used to monitor point source discharge.

Stream Physical Features

Three basic stream habitats which characterize streams are riffle, run, and pool. The presence of these basic habitats

at a site is essential to obtaining an accurate assessment. Exceptions to this rule are when the study objective is to

assess the loss of one or more of these habitats or when streams in the surrounding eco-region typically lack one of

the basic habitats.

Sampling

Ideally sampling should produce a representative sample of the fish community and an estimate of fish relative

abundance (catch rate). The number of species collected in a sample is largely dependent on the number of different

habitats sampled. Basic habitats (usually riffle, run, pool, and shoreline) that are characteristic of the subject stream

should be targeted for sampling. More specific habitats (usually a variation of basic habitat by substrate or cover)

are often associated with higher species diversity in medium to large rivers. The need to target these additional

habitats for sampling should be determined by someone familiar with the regional fish fauna.

In most streams, multiple sampling techniques are necessary, including boat shocking in pool habitat too deep to

wade. In small streams (5 ft or less in average width) backpack shocking alone may be sufficient. Sampling

requires at least five people (one person recording data, two people working the seine, one person operating the

backpack shocker, and one person carrying a dip net and bucket). If a major portion of the stream habitat is deep

pool, two additional people are needed to boat shock this habitat. Field equipment required to collect an IBI are

listed in Table 3.

Sampling protocol depletes species from dominant habitats, usually riffle, run, pool, and shoreline. In large rivers

additional dominant habitats, based on substrate type (e.g., gravel run), may be targeted for species depletion. With

the exception of shoreline, habitats are sampled until three consecutive units of sampling effort produce no

Feb. 2009Appendix 1 14

additional species for that habitat. Shoreline, which often over-laps the other three habitats, is sampled until an

effort produces no new species for the site. A unit of sampling effort covers 300 square feet (e.g. 15 ft by 20 ft) in

streams averaging more than 15 feet in width. In narrower streams each sample effort should cover an area 10 feet

times the average width (e.g. 10 ft by 8 ft for a stream averaging 8 ft wide). Additional sampling in minor habitats

may be done if deemed necessary by the crew leader.

Spring and summer are recommended sampling seasons. Sampling during fall and winter can be complicated by the

prevalence of young of the year (YOY) fish which are not considered in IBI analysis but complicate sample

processing. Also, decreasing water temperatures during late fall and winter cause some fish species to hide in heavy

cover where they are more difficult to capture. If sampling must be done during fall, YOY may be partially avoided

by using a larger mesh (1/4”) seine.

Young-of-year (YOY) fish are omitted from the analysis because they have not been subjected to conditions at the

sample site for an adequate period of time to fully reflect those conditions (Karr, 1981). They are, however, noted in

the comments section of the field sheet because they may provide additional insight on the health of the sample site.

Seining

Two techniques are used, seine hauling and backpack shocking into the seine. Seine hauling is used to sample

shallow pool and run habitats that are relatively free of boulders, snags, or other obstacles that may foul the seine.

Two people haul (actually pull) an open seine through the water to herd and trap fish. A haul may be terminated by

beaching the seine on shore or by rapidly lifting the seine at midstream. (Sampling efficient is much reduced if the

seine is hauled against the current).

Backpack shocking into the seine is used in riffle and run habitats. This is accomplished by positioning the seine

perpendicular to the stream flow and shocking a predefined area downstream to the seine. Stunned fish drift

downstream and into the seine. An additional person dip netting stunned fish caught in snags or boulders may be

needed. With both seining techniques, it is imperative that the lead line of the seine be kept as close to the substrate

as possible to contain fish.

Feb. 2009Appendix 1 15

The area sampled by either technique is calculated as a rectangular transect, the width of the seine times distance

hauled or shocked. The seine width may be adjusted by rolling-up seine on the brails. Transect length may be

measured with a measured length of rope, hip chain, loggers tape, or other device with similar accuracy.

Shoreline Shocking

A backpack shocker and dip net are used to collect fish from around logs, boulders, undercut banks, and brush piles

in shallow water. During sampling, fish caught should be frequently transferred from the dip net to a bucket of

water to reduce fish mortality and escapement. Collections should proceed in an upstream direction to avoid reduce

visibility due to turbidity caused by sampling. The area sampled is calculated by multiplying the length (ft) of the

shocking run times the effective width sampled (we use two feet). A hip chain or range finder is recommended as

devices for measuring run length.

Boat Shocking

A boat-mounted, 230 volt DC generator is used to sample deep pool areas. A ten-minute shocking run is made in a

downstream direction which allows stunned fish to rise to the surface in front of the boat. Sampling efforts are

alternated between midchannel and shoreline habitat. This allows deep pool areas to be treated as a single habitat

when depleting species. If possible, avoid resampling an area. However, when deep pool habitat is limited it may

be necessary to resample one or more areas to achieve species depletion. Fish captured in resampled areas should be

excluded from catch rate and proportional metrics.

Boat shocking appears to have a much lower catch rate per area than shoreline shocking or seining. In relatively

health rivers, approximately five minutes of boat shocking are required to catch the average number of fish taken by

other methods from a 300 square feet area. Until boat shocking effort can be better quantified, five minutes of boat

shocking will be considered equivalent to the effort spent sampling 300 square feet area (each 10 minute boat

shocking run is considered equivalent to two units of effort).

Sample Processing

After each seine haul or shocking run, fish captured are sorted by species, counted, and examined for anomalies.

This information, along with habitat type and dimensions of the area sampled, is recorded on the field sheet or data

Feb. 2009Appendix 1 16

logger. Voucher specimens, especially of unusual species, should be retained to verify identification. Subsamples

may also be retained for laboratory processing when fish become too numerous to work efficiently in the field or

when quality assurance is being applied to sampling. Voucher specimens and subsamples should be preserved in a

jar containing 10 percent formalin and labeled with location, date, and crew leader. Each subsample should be

labeled and preserved separately from other specimens. This is done by placing the subsample and label in a

perforated zip-lock bag before being preserved with other specimens or subsamples. Fish not retained should be

released in a manner which will prevent their recapture, off-site or after sampling is done.

IBI Analysis

Metrics

The 12 metrics used for the Tennessee Valley streams (Table 1) are based on Karr (1981). Most Tennessee Valley

streams support a greater diversity of fish than the midwestern streams studied by Karr and metrics have been

modified to accommodate this difference. Metric 6 (proportion of individuals as green sunfish) has been modified

to include other designated tolerant species. Metric 8 (proportion of individuals as insectivorous minnows) has been

modified to include fish designated as specialized insectivores-darters, madtoms, and selected minnow species.

Metric 7 (proportion of individuals as omnivores) has been modified to include stoneroller species, who’s increased

numbers are usually associated with nutrient enrichment.

Alternate metrics for metrics 2, 3, 4, and 11 (see Table 1) are prescribed for use in perennial headwater streams

located at elevations under 1,800 feet. Headwater streams are defined as: Ridge and Valley Ecoregion and Interior

Plains Ecoregion streams having less than 5 square mile drainage areas, Blue Ridge Ecoregion streams having less

than 10 square mile drainage areas, and Southwestern Appalachian Ecoregion streams having less than 100 square

mile drainage areas. Naturally low fish diversity found in these streams reduces the accuracy of the four original

metrics. Alternate metrics 2, 3, and 11 measure ecological parameters comparable to those measured by the original

metrics. Alternate metric 4 (percent compositions by the two most dominant species) was taken from Kearns et al.

(1994) and can be considered a more sensitive version of metric 7 (percentage of fish as tolerant species). It was

chosen as an alternate metric because disturbed fish communities in headwater streams are sometimes dominated by

opportunistic species (Cottus sp., Rhinichthys sp., Campostoma sp., etc.) rather than designated tolerant species.

Feb. 2009Appendix 1 17

A 12 metric IBI apparently reaches the limit of its utility in headwater streams of the Blue Ridge Mountain and

Southwestern Appalachian ecoregions. Blue Ridge Mountain streams draining less than 10 MI2 and located at

elevations greater than 1800 Ft. are naturally coldwater and usually support no more than four native species.

Increases in native fish diversity in these streams appear to be associated with increases in land use and subsequent

warming of the stream. Consequently, most of the 12 IBI metrics will not accurately measure the ecological health

of fish communities in these streams. Alternate metrics and indices for coldwater streams have been proposed by

Steedman (1988), Lyons (1995), and Williams (1996). More work needs to develop metrics and indices for fish

bioassessment in this ecoregion. Headwater streams in the Southwestern Appalachian Ecoregion are even more

limited for use of IBI. Fish diversity is naturally low and seems to vary with the degree of intermittence exhibited

by these streams. IBI is not recommended for streams draining less than 10 MI2 in the Southwestern Appalachian

Ecoregion.

Scoring Criteria

Metric scoring criteria are illustrated graphically (Figures 1a-4q) for four of the eight ecoregions indicated for the

State of Tennessee and the Tennessee Valley (EPA, 1995). Each graph consists of values derived from IBI samples

taken by TVA from streams with conditions ranging from very degraded to nearly pristine (potential reference

condition). Graphs were also examined for major watersheds within each ecoregion. Symbols on figures 1a-4q are

used to distinguish among watersheds. In some cases, watershed specific scoring criteria were necessary. Criteria

were set using the trisection method described by Karr (1981) or the flat trisection method presented by OEPA

(1987).

Species Designation

Designations for tolerance, trophic guilds, and spawning guild are essential for scoring metrics 5 through 9, and 11.

Recommended designations (table “Fish _Species.xls”) are based on ecological information presented by Balon

(1975), Pflieger (1975), Smith (1979), Lee et. al. (1980), Etnier and Starnes (1994), and on professional judgment of

TVA biologist. Some designations may change as our knowledge of species ecology increases.

Feb. 2009Appendix 1 18

LITERATURE CITED

Balon, E. K. 1975. Reproductive guilds of fishes: a proposal and definition. Journal of the fisheries Research board of Canada. 32:821-864.

Etnier, D. A., and W. C. Starnes. The Fishes of Tennessee. University of Tennessee Press, Knoxville, Tennessee.

Karr, J. R. 1981. Assessment of biotic integrity using fish communities. Fisheries (Bethesda). 6(6):21-27.

Karr, J. R., K. D. Fausch, P. L. Angermier, P. R. Yant, and I. J. Schlosser. 1986. Assessing biological integrity in running waters, a method and its rationale. Illinois Natural History Survey. Special Publication 5. 28 pp.

Kerans, B. L., J. R. Karr. 1994. A benthic index of biotic integrity (B-IBI) for rivers of the Tennessee Valley.

Ecological Applications. 4(4):768-785.

Lee, D. S., C. R. Gilbert, C. H. Hocutt, R. E. Jenkins, D. E. McAllister, and J. R. Stauffer, Jr. 1980.

Atlas of North American freshwater fishes. North Carolina State Museum of Natural History, Raleigh, North Carolina. Publication No. 1980-12.

Lyons, J., L. Wang, T. D. Simonson. 1996. Development and validation of an index of biotic integrity for coldwater streams in Wisconsin. North American Journal of Fisheries Management. 16: 241- 256.

OEPA (Ohio Environmental Protection Agency). 1987. Biological criteria for the protection of aquatic life, volume II: users manual for biological field assessment of Ohio surface waters. Ohio Environmental Protection Agency, Division of Water Quality Monitoring and Assessment, Columbus.

Plafkin, J. L., M. T. Barbour, K. D. Porter, S. K. Gross, R. M. Hughs. 1989. Rapid bioassessment protocols for use in streams and rivers: benthic macroinvertebrates and fish. U. S. Environmental Protection Agency, Assessment and Watershed Protection Division, Washington DC.

Pflieger, W. L. 1975. The fishes of Missouri. Missouri Department of Conservation.

Smith, P. W. 1979. The Fishes of Illinois. Illinois State Natural History Survey. University of Illinois Press. Urbana, Illinois. 314 pp.

Steedman, R. J. 1988. Modification and assessment of an index of biotic integrity to quantify stream quality in southern Ontario. Canadian Journal of Fisheries and Aquatic Sciences 45:492-501.

Williams, G. G. 1996. A watershed approach to assessing brook trout (Salvelinus fontinalis) distribution and ecological health in the Hiwassee watershed. (unpublished ) data report for cooperative agencies. Tennessee Valley Authority, Hiwassee River Action Team, Norris, Tennessee.

Feb. 2009Appendix 1 19

Table 1. List of metrics used in calculating Index of Biotic Integrity*

_________________________________________________________________________________

  1. Number of native species
  1. Number of native darter species or (headwater streams)** Number of riffle species
  1. Number of native sunfish species (less Micropterus sp.) or (headwater streams) Number of pool species
  1. Number of native sucker species or (headwater streams) Percent composition by two most dominate species
  1. Number of intolerant species or (headwater streams) Number of headwater intolerant species
  1. Percentage of fish as tolerant species
  1. Percentage of fish as omnivores and stoneroller species
  1. Percentage of fish as specialized insectivores
  1. Percentage of fish as piscivores

10. Catch rate (average number/300 Sq. Ft. or 5 minutes of boat shocking)

11. Percentage of fish as hybrids or (headwater streams) Percentage of fish as simple lithophilic spawners

12. Percentage of fish with disease, tumors, fin damage, and other anomalies

_________________________________________________________________________________

  • Each is assigned a value as follows: 1-poor, 3-intermediate, 5-the best to be expected. The IBI for a given site is the sum of those values. **Headwater streams include perennial streams with drainage areas of <five to one square miles (Central Appalachian Ridges and Valleys, and Interior Plateau Ecoregions), <10 to one square miles (Blue Ridge Mountains Ecoregion), or <100 to 10 square miles (Southwestern Appalachians Ecoregion).

Feb. 2009Appendix 1 20

Table 2. Biotic integrity classes used in assessing fish communities along with general descriptions of their attributes (Karr et al. 1986).

_________________________________________________________________________________

Class Attributes IBI Range _________________________________________________________________________________

Excellent Comparable to the best situations without influence of man; 58-60 all regionally expected species for the habitat and stream size, including the most intolerant forms, are present with full array of age and sex classes; balanced trophic structure.

Good Species richness somewhat below expectation, especially due 48-52 to loss of most intolerant forms; some species with less than optimal abundances or size distribution; trophic structure shows some signs of stress.

Fair Signs of additional deterioration include fewer intolerant 40-44 forms, more skewed trophic structure (e.g., increasing frequency of omnivores); older age classes of top predators may be rare.

Poor Dominated by omnivores, pollution-tolerant forms, and 28-34 habitat generalists; few top carnivores; growth rates and condition factors commonly depressed; hybrids and diseased fish often present.

Very Poor Few fish present, mostly introduced or tolerant forms; hybrids 12-22 common; disease, parasites, fin damage, and other anomalies regular.

No fish Repetitive sampling fails to turn up any fish.

_________________________________________________________________________________

Feb. 2009Appendix 1 21

Table 3. IBI field equipment.

Wade sampling (all streams): 1-first aide kit 1-20’ X 6’, 3/16” mesh seine 1-10’ X 6’, 3/16” mesh seine (for small streams) 2-backpack shocker (one backup) 2-pairs of shocker gloves 1-dip net 1-clip board Field sheets Pencils Distance measuring device (measuring tape, loggers tape, range finder, or hip chain) 1-bucket 1-camera with close-up lens 1-pack 8 X 8” zip-lock freezer bags Quart collection jars Formalin Label paper Chest waders

Deep pool sampling (rivers and large creeks): 1-boat mounted electrofishing unit 2-life vests 1-long-handled dip net 2-pairs of shocker gloves 1-clip board Field sheets Pencils Distance measuring device (range finder or global positioning system) 1-large cooler or boat mounted fish holding tank 1-fish holding net 1-gallon collection jar Formalin Label paper

Feb. 2009Appendix 1 22

Figure 1

70 5

60 3

50 1

40 Species Native 30 No.

20

10

0 1 10 100 1000 10000 Drainage Area (sq. mi.)

Figure 2

14

12

5 10

8 Species Use Riffle Darter 6 species 3 No.

4

1 2

0 1 10 100 1000 10000 5 Drainage Area (sq. mi)

Feb. 2009Appendix 1 23

Figure 3

10

9

8

7 Species 6 Riffle 5 No. 4

3 5 2 3 1 0 1 1 5 10 100 Drainage Area (sq. mi.)

Figure 4

5

4

5 3 Species

Use No.

Pool Sps. 3 Sunfish 2 No.

1 1

0 1 10 100 1000 10000 5 Drainage Area (sq. mi.)

Feb. 2009Appendix 1 24

Figure 5

25

20

Species 15 Pool No. 10 Presence, 5 5 Absence, 1

5 3

1

0 1 2 5 10 100 Drainage Area (sq. mi.)

Figure 6

13

12

11

10 5 9 Species 8 7 Use % 6 Sucker by 2 3 Domn. No. 5

4

3

2 1 1

0 1 10 100 1000 10000 5 Drainage Area (sq. mi.)

Feb. 2009Appendix 1 25

Figure 7

100%

90% 1

80% 3 70% 60% 5 Species

50% Dominant 2 40% % 30%

20%

10%

0% 1 10 5 Drainage Area (sq. mi.)

Figure 8

10

9

8 Species. 7 6 Into.l 5

4 Headwater No. 3 5

2 3 1 1 0 1 5 10 Drainage Area (sq. mi.)

Feb. 2009Appendix 1 26

Figure 9

100%

90%

80%

70%

60% Species Tolerant 50%40% %

30% 1 20% 3 10% 5 0% 1 10 100 1000 10000 Drainage Area (sq. mi.)

Figure 10

100%

90%

80%

70% 1 60%

50% Omnivores % 40% 3 30%

20% 10% 5

0% 1 10 100 400 1000 10000 Drainage Area (sq. mi.)

Feb. 2009Appendix 1 27

Figure 11

100%

90%

80%

70% 5 60% Insectivores 50%

40% Specialized 3 % 30%

20% 1 10%

0% 1 10 100 1000 10000 Drainage Area (sq. mi)

Figure 12

15%

12%

9% Piscivores % 6% 5 Presence, 5 Absence, 1 3% 3

1 0% 1 10 100 1000 10000 3 Drainage Area (sq. mi.)

Feb. 2009Appendix 1 28

Figure 13

1000

100

CPUE

5 10 3

1 Minimize scores for piscivores and specialized insectivores

1 1 10 100 1000 10000 Drainage Area (sq. mi.)

Figure 14

10%

9%

8%

7%

6%

5% Hybrids % 4%

3%

2% 1

1% 3 Use % Lithophilic Spn. 0 for 5 0% 1 5 10 100 1000 10000 Drainage Area (sq. mi.)

Feb. 2009Appendix 1 29

Figure 15

100%

90%

80%

70% 5 60% Spnrs.

50% Lithophilic 40% % 3 30%

20% 1 10%

0% 1 10 5 Drainage Area (sq. mi.)

Figure 16

60%

50%

40%

30% Anomolies %

20%

10% 1 3 0% 5 1 10 100 1000 10000 Drainage Area (sq. mi)

Feb. 2009 30

Appendix 2

Ecological Guilds of Upper Tennessee River Basin Fishes for Application to the TVA IBI

Feb. 2009Appendix 2 31

FOOD REPROD HDWTR TOLERANCE COM NAME SCI NAME SOURCE GUILD HAB NATIVE Alewife Alosa pseudoharengus PK never INT Rock bass Ambloplites rupestris TC P always HI Rock bass < 5 in. Ambloplites rupestris < 5 in. TC P always TO Black bullhead Ameiurus melas OM P always TO Yellow bullhead Ameiurus natalis OM P always TO Brown bullhead Ameiurus nebulosus OM P always Unidentified bullhead Ameiurus sp. OM always Western sand darter Ammocrypta clara SP L P always American eel Anguilla rostrata TC P always Freshwater drum Aplodinotus grunniens IN P always Central stoneroller Campostoma anomalum OM always TO Goldfish Carassius auratus OM never River carpsucker Carpiodes carpio OM P always Quillback Carpiodes cyprinus OM P always Highfin carpsucker Carpiodes velifer OM P always TO White sucker Catostomus commersoni OM L P always INT Rosyside dace Clinostomus funduloides SP L P always Clinch sculpins Cottus (undescribed) IN always Black sculpin Cottus baileyi IN R always Mottled sculpin Cottus bairdi IN R always Banded sculpin Cottus carolinae IN R always Unidentified sculpin Cottus sp. IN R always Grass carp Ctenopharyngodon idella HB never Blue sucker Cycleptus elongatus IN L P always Whitetail shiner Cyprinella galactura IN P always TO Spotfin shiner Cyprinella spiloptera IN P always Steelcolor shiner Cyprinella whipplei IN P always TO Common carp Cyprinus carpio OM never TO Gizzard shad Dorosoma cepedianum OM P always Threadfin shad Dorosoma petenense HB P some Slender chub Erimystax cahni SP L R always INT Streamline chub Erimystax dissimilis SP L R always Blotched chub Erimystax insignis OM L R always Grass pickerel Esox americanus vermicalutus TC P always Muskellunge Esox masquinongy TC P always Chain pickerel Esox niger TC P always Duskytail darter Etheostoma (undescribed) SP P always Greenside darter Etheostoma blennioides SP L R always Rainbow darter Etheostoma caeruleum SP L R always INT Bluebreast darter Etheostoma camurum SP L R always Greenfin darter Etheostoma chlorobranchium SP L P always Ashy darter Etheostoma cinereum SP L P always INT Fantail darter Etheostoma flabellare SP R always Redline darter Etheostoma rufilineatum SP L R always Snubnose darter Etheostoma simoterum SP L R always INT Speckled darter Etheostoma stigmaeum SP L P always HI Swannanoa darter Etheostoma swannanoa SP L R always INT Tippecanoe darter Etheostoma tippecanoe SP L R always Wounded darter Etheostoma vulneratum SP P always Banded darter Etheostoma zonale SP L R always HI Northern studfish Fundulus catenatus SP L R always

Feb. 2009Appendix 2 32

FOOD REPROD HDWTR TOLERANCE COM NAME SCI NAME SOURCE GUILD HAB NATIVE TO Western mosquitofish Gambusia affinis IN P some TO Unidentified mosquitofish Gambusia sp. IN P never Hybrid shad Hybrid Dorosoma PK always Hybrid darter Hybrid Etheostoma SP never Hybrid sunfish Hybrid Lepomis spp. IN never Hybrid bass Hybrid Micropterus sp. TC never Hybrid white x yellow bass Hybrid Morone (chrysops x miss) TC never Hybrid striped x white bass Hybrid Morone (chrysops x sax) TC never Hybrid redhorse Hybrid Moxostoma IN never Hybrid shiner Hybrid Notropis IN never Hybrid darter Hybrid Percina SP never Hybrid crappie Hybrid Pomoxis TC never Hybrid walleye x sauger Hybrid Sander TC never HI Northern hog sucker Hypentelium nigricans IN L always Ohio lamprey Ichthyomyzon bdellium P always HI Mountain brook lamprey Ichthyomyzon greeleyi HB P always Unidentified lamprey (I) Ichthyomyzon sp. P always Bullhead or madtom Ictaluridae (bullhead/madtom) always Blue catfish Ictalurus furcatus OM P always Channel catfish Ictalurus punctatus OM P always Brook silverside Labidesthes sicculus IN P always Harelip sucker Lagochila lacera IN always Least brook lamprey Lampetra aepyptera HB P always HI American brook lamprey Lampetra appendix HB P always Unidentified lamprey (L) Lampetra sp. HB P always TO Longnose gar Lepisosteus osseus TC P always Redbreast sunfish Lepomis auritus IN never TO Green sunfish Lepomis cyanellus IN P always Pumpkinseed Lepomis gibbosus IN never Warmouth Lepomis gulosus IN P always Orangespotted sunfish Lepomis humilis IN P always Bluegill Lepomis macrochirus IN P always HI Longear sunfish Lepomis megalotis IN P always Redear sunfish Lepomis microlophus IN P always Crappie or sunfish Lepomis or pomoxis always Unidentified sunfish Lepomis sp. IN P always TO Striped shiner Luxilus chrysocephalus OM L P always HI Warpaint shiner Luxilus coccogenis SP L P always HI Mountain shiner Lythrurus lirus SP L P always Scarlet shiner Lythrurus fasciolaris SP L P always Inland silverside Menidia beryllina IN always Smallmouth bass Micropterus dolomieu TC P always Spotted bass Micropterus punctulatus TC P always Largemouth bass Micropterus salmoides TC P always Unidentified bass Micropterus sp. TC P always Unidentified temperate bass Morone (not saxatilis) TC P some White bass Morone chrysops TC L P some Yellow bass Morone mississippiensis TC L P some Striped bass Morone saxatilis TC L P never Silver redhorse Moxostoma anisurum IN L P always River redhorse Moxostoma carinatum IN L P always INT Black redhorse Moxostoma duquesnei IN L P always

Feb. 2009Appendix 2 33

FOOD REPROD HDWTR TOLERANCE COM NAME SCI NAME SOURCE GUILD HAB NATIVE Golden redhorse Moxostoma erythrurum IN L P always Shorthead redhorse Moxostoma macrolepidotum IN L P always Unidentified redhorse Moxostoma sp. IN P always No species found No species present never River chub Nocomis micropogon OM P always TO Golden shiner Notemigonus crysoleucas OM P some Sawfin shiner Notropis (undescribed) SP L R always HI Bigeye chub Notropis amblops SP L P always INT Popeye shiner Notropis ariommus SP L P always Emerald shiner Notropis atherinoides SP L P always Tennessee shiner Notropis leuciodus SP L P always Silver shiner Notropis photogenis SP L P always Rosyface shiner Notropis rubellus SP L P always HI Saffron shiner Notropis rubricroceus SP L P always Unidentified shiner Notropis sp. always Mirror shiner Notropis spectrunculus SP L P always Weed shiner Notropis texanus SP always Mimic shiner Notropis volucellus SP L P always Unidentified madtom Noturus SP always INT Mountain madtom Noturus eleutherus SP R always Yellowfin madtom Noturus flavipinnis SP P always HI Stonecat Noturus flavus SP P always Pygmy madtom Noturus stanauli SP R always Rainbow trout Oncorhynchus mykiss IN never Yellow perch Perca flavescens IN never Unidentified perch Perca sp. never Tangerine darter Percina aurantiaca SP L always Blotchside logperch Percina burtoni SP L P always Logperch Percina caprodes SP L P always Channel darter Percina copelandi SP L P always INT Gilt darter Percina evides SP L R always Longhead darter Percina macrocephala SP L P always Blackside darter Percina maculata SP L P always Dusky darter Percina sciera SP L P always Fatlips minnow Phenacobius crassilabrum SP L R always Suckermouth minnow Phenacobius mirabilis SP L R always Stargazing minnow Phenacobius uranops SP L R always Blackside dace Phoxinus cumberlandensis HB L never

HI Southern redbelly dace Phoxinus erythrogaster HB L P always

HI Undescribed redbelly dace Phoxinus sp. cf. saylori IN L P always Mountain redbelly dace Phoxinus oreas HB L never HI Tennessee dace Phoxinus tennesseensis HB L P always Bluntnose minnow Pimephales notatus OM P always Fathead minnow Pimephales promelas OM P never Unidentified minnow Pimephales sp. always Bullhead minnow Pimephales vigilax SP P always Paddlefish Polyodon spathula PK L P always White crappie Pomoxis annularis TC P always Black crappie Pomoxis nigromaculatus TC P always Unidentified crappie Pomoxis sp. TC P always Flathead catfish Pylodictis olivaris TC P always

Feb. 2009Appendix 2 34

FOOD REPROD HDWTR TOLERANCE COM NAME SCI NAME SOURCE GUILD HAB NATIVE Blacknose dace Rhinichthys atratulus IN L always HI Longnose dace Rhinichthys cataractae SP L R always Brown trout Salmo trutta TC never INT Brook trout Salvelinus fontinalis IN P always TO Creek chub Semotilus atromaculatus IN P always Sauger Sander canadense TC L P always Walleye Sander vitreum TC L P always Central mudminnow Umbra limi IN P always Unidentified chub Unidentified chub always Unidentified dace Unidentified dace always Unidentified darter Unidentified darter SP always

Abbreviations: HI - headwater intolerant, INT - intolerant, TO - tolerant, F - false, IN - insectivore, SP - specialized insectivore, OM -omnivore, TC - top carnivore, PK - planktivore, HB - herbivore, L - simple lithophilic spawner, P - pool species, R

Feb. 2009Appendix 3 35

Appendix 3

Surface Water Chemistry Methods and Detection Limits

Feb. 2009Appendix 3 36

Parameters, Methods, and Detection Limits Parameter Method Detection Limits (ug/L) multiparameter field meter, in situ. NATemperature (ΕC), Dissolved Oxygen (mg/l), pH (su), Conductivity (uS/cm)

Total Suspended Solids EPA 160.2 4000

Total Dissolved Solids EPA 160.1 10,000

Acidity EPA 305.1 10,000

Alkalinity EPA 310.1 2,000

Sulfate EPA 300.0 20

Chloride EPA 300.0 20

Nitrate EPA 300.0 2.0

Nitrite EPA 300.0 4.0 Hardness 30 Calculate using calcium and magnesium - SM 2340B

Dissolved Organic Carbon EPA 415.1 1,000

Dissolved Aluminum EPA 200.7 (ICP optical) 20

Antimony EPA 200.9 (Graphite furnace) 0.8

Arsenic EPA 200.9 0.5 EPA 200.7 0.3Beryllium **************************** ******************* EPA 200.9 0.02 EPA 200.7 1.0Cadmium **************************** *******************

EPA 200.9 0.05

Calcium EPA 200.7 10

Feb. 2009Appendix 3 37

Parameters, Methods, and Detection Limits, continued Parameter Method Detection Limits (ug/L) Chromium VI EPA 218.6 0.3

Copper EPA 200.7 2.0

Dissolved Iron EPA 200.7 30

Lead EPA 200.9 0.7

Dissolved Manganese EPA 200.7 1.0

Magnesium EPA 200.7 20

Mercury EPA 245.1 0.2

Nickel EPA 200.7 5.0

Potassium EPA 200.7 300

Selenium EPA 200.9 0.6

Silver EPA 200.7 2.0

EPA 200.9 0.5

Sodium EPA 200.7 30

Thallium EPA 200.9 0.7

Zinc EPA 200.7 2.0

Feb. 2009

Public Notices for Mining OperationsDoc ID: DMLR-M-7-92

Original: 232 words
Condensed: 158 words
Reduction: 31.9%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 7-92 Issue Date: April 21, 2008 Subject: Public Notices (issued 9/11/92, updated 10/1/01 & 04/21/08)

The Division is responsible for seeing that the public is adequately informed concerning the location and nature of a proposed or existing coal surface mining operation based upon what appears in the public notice required by §4VAC25-130-773.13(a)(1) of the regulations.

Public notices must be understandable and clearly delineate the location and nature of the proposed operation.

The public notice must be reviewed by the field inspector. Once approved, the inspector will assign a publication number that must be added to the notice for publication. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Regrading Approval and Inspection ProceduresDoc ID: DMLR-P-3303

Original: 1,008 words
Condensed: 842 words
Reduction: 16.5%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.03

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Approving Regrading

Section

Reclamation Services

Last Revised 9/26/02

OBJECTIVE AND INTENT:

To ensure the Field Inspector properly inspects and documents regrading approval.

PROCEDURES:

Regrading Inspection:

The Inspector shall inspect the final regraded areas of the permit. During this inspection, the Inspector shall:

  • visually check for acid, toxic, or dark material(s).
  • if deemed necessary, take a representative soil sample to determine the soil pH.
  • visually check to see that drainage patterns are stable for the regraded areas.
  • determine whether the regrading was done in compliance with the permittee’s approved plans and applicable regulations. The Inspector shall note that -

§ If approximate original contour (AOC) is not achieved on steep slope areas, backfilling and regrading is not acceptable unless approval can be obtained for a revised plan that allows for an AOC variance in accordance with 4 VAC 25-130-785.16.

§ If the final regraded slope for AOC areas is steeper than 27 degrees and was not previously approved to be steeper than 27 degrees, regrading approval may be given if the permittee provides a written demonstration that a minimum static safety factor of 1.3 has been achieved in accordance with Section 4 VAC 25-130-816/817.102(a) (3) and 4 VAC 25-130-816/817.107(e). For slopes less than 27 degrees, no demonstration for stability is needed.

§ For previously mined areas where the approved plans show total highwall elimination but the highwall was not completely eliminated, regrading approval can be given by the inspector if the permittee has used all spoil material generated by the re-mining operation (including other reasonably available material) to eliminate the highwall to the maximum extent technically practical. If this results in a final regraded slope steeper than 27 degrees, and it was not previously approved to be steeper than 27 degrees, the permittee shall provide a written demonstration that long-term stability has been achieved and the remaining highwall remnant is stable in accordance with Section 4 VAC25-130-816/817.106(b)(2 and 3).

§ For previously mined areas where the approved plans show total highwall elimination but the highwall was not completely eliminated and all spoil material generated by the re-mining operation or other available material was not used, the inspector may approve regrading only if the permittee provides a written demonstration that reasonably available spoil has been used to eliminate the highwall to the maximum extent technically practical 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.03

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Approving Regrading

Section

Reclamation Services

Last Revised 9/26/02 while maintaining a minimum safety factor of 1.3 for the backfilled areas in accordance with Section 4 VAC 25-130-816/817.107(e).

The Inspector shall take digital pictures of the regraded areas to document the site conditions and to ensure the backfilling and regrading is consistent with the applicable requirements of 4 VAC 25-130-816.102 through 107 or 4 VAC 25-130-817.102 through 107. The pictures should either be attached as part of the inspection report or stored in accordance with procedure # 3.1.05 in the enforcement electronic file for that permit located at \\wap01512\DMLR\permit_supplements.

Regrading Approval:

When the Inspector is satisfied that regrading has been properly accomplished, regrading may be approved.

This approval shall be documented on the inspection report (DMLR-ENF-044S). The following example statement may be used:

The regrading on the area from (location) to (location) is satisfactory, provided that the area is not re-disturbed, that the soil pH and fertility level will support the planned post-mining land use, and that the area does not become severely eroded.

The Inspector shall note the GPS coordinates for the approved areas in the inspection report.

Backfill Settlement and Highwall Re-exposure

Beginning one year after backfilling completion, the Inspector shall examine the backfilled areas and document the occurrence and extent of any settlement. The Inspector’s report shall identify the areas where:

  • settlement is less than 3 feet (designated as HS).
  • settlement is in excess of 3 feet (designated as HW).
  • stability problems exist.
  • land use problems may exist.
  • repairs made and the highwall was eliminated (designated as HE).

After the 1st year evaluation of the backfilled areas, the Inspector shall revisit the areas (during the quarterly complete inspections) to document the occurrence and extent of any subsequent settlement. The Inspector may instruct the permittee to perform reclamation - .

  • If the re-exposed highwall is the result of instability. Mitigation will include the re-elimination of the affected highwalls as soon as possible.
  • If after 18 months from backfill completion, it is determined that the settlement or re-exposed highwall interferes with implementation of the post mining land use. The permittee will be given 45 days to commence mitigation. If the permittee fails to mitigate the settlement within this period, an NOV may be issued.
  • If after 18 months from the backfilling, the Inspector observes areas of settlement in excess of 3 feet. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.03

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Approving Regrading

Section

Reclamation Services

Last Revised 9/26/02 The inspection report will notify the permittee that final bond release could not occur until the settled areas in excess of 3 feet are re-eliminated.

The DMLR considers highwall re-exposure in excess of 3 feet to be an impediment to the post-mining land use.

Whenever the permittee is required to eliminate the re-exposed highwall, the Inspector must evaluate the disturbance to determine if any of the subject area’s period of bond liability should be extended. The Inspector will consider the nature and extent of the re-disturbance, impact upon drainage, effect on the land use, and the impact to the surrounding area. If more than 10 per cent of the applicable area is significantly disturbed and impacted, the full period of extended liability will be required for the area.

The DMLR will not require the permittee to eliminate settlement of 3 feet or less when:

  • the permittee had originally eliminated the highwall.
  • a certification from a professional engineer certifies that the highwall is stable and no stability problems exist.
  • there are no other existing violations associated with the highwall backfill. 3

Reopening Inspections for MinesDoc ID: DM-P-10403

Original: 827 words
Condensed: 671 words
Reduction: 18.9%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.03

ISSUE DATE: January 1, 1997 SUBJECT: Reopening Inspection

LAST REVISED: 08/98;08/05

OBJECTIVE AND INTENT

To provide for a reopening inspection for newly licensed mines and assist with promoting compliance with the Mine Safety Act and improved health and safety standards prior to beginning production.

GENERAL

  1. Technical Specialist will perform reopening inspections when requested by an operator.
  2. The Technical Specialist will notify the Inspector and Inspector Supervisor when re-openings are started and completed.
  3. The Technical Specialist will perform the re-opening inspection according to the following procedures. Deficiencies will be noted and copied to the operator. The operator is responsible for correcting deficiencies.
  4. When notified that the deficiencies are corrected the technical specialists will visit the mine and inspect previously cited deficiencies.
  5. A reopening inspection will not be completed if production starts before deficiencies are corrected; if this occurs the assigned inspector will be notified and a regular inspection will be started.

PROCEDURE

1. REOPENING INSPECTION BY TECHNICAL SPECIALIST

  • Section 45.1-161.63. An inspection of a mine is required prior to resumption of production activities after an extended idle period or abandonment.

• Guidelines for Inspection (Electrical Technical Specialist):

a. Certifications – Section 45.1-161.28 b. Record books (weekly, monthly) – Section 45.1-161.195 c. Surface transmission lines, wiring in buildings – Section 45.1-161.181 d. Transformers – Section 45.1-161.182 and 45.1-161.183 e. Battery chargers, Substations – Section 45.1-161.185 Rv. 8/02/05

1-5 f. Power circuits, trolley wires (when applicable) – Section 45.1-161.186 and 45.1-161.187 g. Grounding systems – Section 45.1-161.188 h. Circuit breakers – Section 45.1-161.189 i. Electrical equipment – Section 45.1-161.195 j. Trailing cables – Section 45.1-161.194 and 45.1-161.283 k. Methane monitors – Section 45.1-161.195 l. Belt drives – Section 45.1-161.135 m. Conduct safety talks n. Provide technical assistance, if requested o. Provide technical training or make arrangements for training if requested

2. SURFACE OF UNDERGROUND REOPENING INSPECTION

  • Mine license – Section 45.1-161.57
  • Mine map – Section 45.1-161.64 a. Water impoundments b. Adjacent old works c. Gas wells d. Mine cover, elevations
  • Persons/18 years of age – Section 45.1-161.11
  • Certifications – Section 45.1-161.28
  • Communication – Section 45.1-161.191, Check-in/out system 45.1-161.174 (Competent person on surface)
  • Record books e. Accident record – Section 45.1-161.79 f. Pre-shift/Section 45.1-161.208; On-shift/Section 45.1-161.209 g. Air measurement – Section 45.1-161.219 h. Fan record – Section 45.1-161.211 i. Electrical record – Section 45.1-161.195 j. Fire drill (6 week – 90 day) – Section 45.1-161.202 k. Weekly examination of return/escapeways – Section 45.1-161.210
  • Instruments (CH4 and O2) – Section 45.1-161.231
  • Emergency Response Plan – Section 45.1-161.202 (Self-Contained Self-Rescuers)

2-5

  • Suitable fire fighting equipment – Section 45.1-161.200
  • Roof Control Plan – Section 45.1-161.109
  • Fan Stoppage Plan – Section 45.1-161.217
  • Bleeder Plan
  • Plan for Smoker’s Articles Search 45.1-161.177 (B)
  • Surface structures/conditions a. Free of coal dust accumulation/dust tight construction – Section 45.1-161.240 b. Lamp house/lamps – Section 45.1-161.230 c. Stairways/platforms/runways/floor openings/crane operations – Section 45.1-161.239, 45.1-161.275 d. Housekeeping – Section 45.1-161.236, 45.1-161.261 e. Lighting j- Section 45.1-161.237 f. Flammable/combustible materials – Section 45.1-161.180, 45.1-161.238, 45.1-161.267 (1) Oil rags, oil waste, wastepaper (2) 100 feet of mine opening free of combustible material (3) Oxygen/acetylene bottles
  • Fan Installation

a. Offset 15-feet – Section 45.1-161.216 b. Fireproof housing – Section 45.1-161.216 c. Explosion door – Section 45.1-161.216 d. Fan alarm – Section 45.1-161.216 e. Separate power circuit – Section 45.1-161.216 f. Free of combustible material/100-feet – Section 45.1-161.216 g. Exhausting/unless otherwise approved – Section 45.1-161.216 h. Water gauge – Section 45.1-161.216 i. Guards – Section 45.1-161.216

  • Highwall a. Condition – Section 45.1-161.109 b. Portal apron construction – Section 45.1-161.109
  • Belt Structure a. Guarded – Section 45.1-161.124 b. Slip switch/control switches – Section 45.1-161.135

3-5 c. Fire extinguishers – Section 45.1-161.200 d. Electrical mats – Section 45.1-161.189

3. UNDERGROUND REOPENING INSPECTION

  • Intake Travelway (Escapeway)

a. Roof, rib evaluation – Section 45.1-161.116 b. CH4/02 examination – Section 45.1-161.208 c. Stopping line construction/mandoors/lifeline – Section 45.1-161.224 d. Direction signs/numbering or stoppiness – Section 45.1-161.166 e. Rockdust/cleaning – Section 45.1-161.234 and 45.1-161.235

  • Return Aircourse

a. Roof, rib condition – Section 45.1-161.116 b. Construction – Section 45.1-161.228 c. CH4/O2 examination – Section 45.1-161.208

  • Working Places

a. Roof and rib conditions – Section 45.1-161.116 b. CH4/O2 examination – Section 45.1-161.208 c. Air measurement – Section 45.1-161.219 (1) 9,000 cfm locc/intake pillar line – Section 45.1-161.219 d. Cleaning/rockdusting – Section 45.1-161.234 and 45.1-161.235 e. Bolt spacing – Section 45.1-161.108 f. Sightline – Section 45.1-161.108 g. Materials to support roof – Section 45.1-161.115 h. Slate bar/safety jacks – Section 45.1-161.118 i. Two 40 ton lifting devices – Section 45.1-161.115 j. First aid equipment (First Responder/EMT/Advanced First Aid) – Section 45.1-161.262 k. Escapeway map/Emergency Response Plan – Section 45.1-161.202

  • Beltline/Beltdrives

a. Roof, rib condition – Section 45.1-161.116 b. CH4/O2 examination – Section 45.1-161.208 c. Cleaning/rockdusting – Section 45.1-234 and 45.1-161.235 d. Control switches – Section 45.1-161.189 e. Guards – Section 45.1-161.123 f. Fire extinguishers/rockdust/fire hose – Section 45.1-161.200

4-5

  • Equipment

a. ATRS System/bolting machine (1) Certification by Engineer (2) Condition (3) Meets rules/regulations/guidelines

5-5

Mining Permit Application and Fee GuidanceDoc ID: DMLR-M-12-94

Original: 215 words
Condensed: 134 words
Reduction: 37.7%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 12-94 Issue Date: April 21, 2008 Subject: Application (Corrections) Submittal; Anniversary Fees (issued 12/5/94, updated 10/1/01 & 04/21/08)

Permittees or consultants no longer will be required to have the DMLR field inspector review and initial corrections on applications, unless a major change occurs or review is requested in the DMLR’s comment letter.

Anniversary fees – the permittee needs to submit the required anniversary fees to the DMLR office once notified of the permitting and technical review approval of the anniversary report application. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Guidelines for Independent Contractor EnforcementDoc ID: DM-P-10407

Original: 449 words
Condensed: 332 words
Reduction: 26.1%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.07

ISSUE DATE: January 1, 1997 SUBJECT: Independent Contractors

LAST REVISED:

OBJECTIVE AND INTENT

To provide guidelines for determining proper enforcement actions in situations where contractors are working on licensed mine sites.

GENERAL

 Section 45.1-161.8 of the Mine Safety Act defines an operator as any person who operates, controls or supervises a mine or any independent contractor performing services or construction at such mine.

 Section 45.1-161.14 of the Mine Safety Act requires an operator of any mine or his agent to operate his mine in full conformity with the Act. This guidance does not limit a licensed mine operator’s compliance responsibilities under the Act.

 Section 45.1-161.90 of the Mine Safety Act requires a mine inspector with reasonable cause to believe that a violation of the Act has occurred to issue a Notice of violation to the person (operator, contractor or individual) who is responsible for the violation.

PROCEDURE

1. INDEPENDENT CONTRACTOR IDENTIFICATION

 In order to recognize the separate existence and thus responsibility of an independent contractor the Division must have documentation of that existence. Without such documentation the inspector should consider that the licensed mine operator is the party solely responsible for the site. With the necessary identifying information, the inspector may proceed to analyze the apportionment of responsibility among the separate entities operating on the site.

1-2  The licensed operator must provide the inspector with the following information to establish the existence of an independent contractor on the licensed mine site:

a. The contractor’s name, business address and business telephone number; b. A description of the scope of the work to be performed by the contractor and the work to be performed on the mine site; c. The contractor’s MSHA identification number, if any; and d. The contractor’s address of record for service of citation, or other documents involving the independent contractor.

2. ISSUING NOTICES OF VIOLATIONS AND CLOSURE ORDERS TO INDEPENDENT

CONTRACTORS

 In deciding to whom to issue a violation, the inspector should take into account the following factors:

a. Whether the mine operator (i) contributed to the existence of a violation by any act, (ii) knew of a violation and failed to act to have the violation corrected, or (iii) should have known from an inspection required under the Mine Safety Act of the occurrence or continued existence of a violation, when the violation happened in the course of the contractor’s work. b. The licensed mine operator’s miners were exposed to a hazard created by the violation.

 Based on these criteria, the inspector should then determine the responsible person or persons for each violation and cite them accordingly.

2-2

Virginia Coal Mine Top Person Certification RequirementsDoc ID: DM-C-TP

Original: 331 words
Condensed: 293 words
Reduction: 11.5%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

TOPPERSON

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Top Person This certification authorizes the holder to: ƒ Stay at the top of shaft collars, make preparations for miners entering the shaft and act as a communications link between employees in the shaft and hoist/crane operators NOTE: This certification shall not be used in lieu of any other certification.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ One year of practical mining experience with at least 30 days under the direction of a certified top person or appropriately related work experience approved by the Chief of the Division of Mines ƒ Hold a General Miner Certification ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination

ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ First Aid (FA) 20 ƒ Top Person (TP) 40 ƒ Combustible Materials ƒ Communication ƒ Duties ƒ Equipment ƒ General Requirements ƒ Federal Regulations (FR) 20 ƒ Hoisting (HT) 20 ƒ Gas Detection - practical demonstration

RECOMMENDED REFERENCE/STUDY MATERIALS: g Title 30 CFR Parts 50, 71, 75, 77 g Top Person Study Guide g Coal Mine Safety Laws of Virginia g First Aid for Miners Study Guide g BCME Requirements g Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

Revised 06/02/08

Serious Personal Injury Investigation ProceduresDoc ID: DM-P-10504

Original: 315 words
Condensed: 245 words
Reduction: 22.2%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.04

ISSUE DATE: January 1, 1997 SUBJECT: Serious Personal Injury LAST REVISED: 10/00

OBJECTIVE AND INTENT

To provide procedures for conducting an investigation of all reported serious personal injuries in order to safely determine the causes of the incident and to address preventive measures to control reoccurrence.

PROCEDURE

1. ARRIVAL AT MINE SITE

 An Order of Closure may be issued under Section 45.1-161.91 A.(ii) as may be necessary to preserve the scene of such accident during the investigation of the accident.

 Ensure that the incident site is made safe and/or properly dangered off.

 Ensure that proper communications have been established.

 Schedule a formal investigation which involves all necessary parties.

2. INVESTIGATION DATA COLLECTION

 Investigate accident scene and question witnesses and management to obtain details pertaining to the cause of the incident.

 Review available mine records relative to the incident.

 Interview all witnesses and other personnel, including the injured person(s), with knowledge of the accident.

 Update the appropriate supervisor prior to the end of the normal working day with current status of investigation.

 Issue appropriate Notices of Violation and Order of Closure as the situation may necessitate.

Rv. 10/00

1-2

3. DETAIL REPORT OF INVESTIGATION

 A report will be prepared after the investigation is completed by the Inspector or Specialist. The complete report will render circumstances/cause of the incident and contain recommendations for the prevention of similar incidents. DM personnel will provide a copy of the certificate of inspection to the mine operator or his agent, one copy to the employees.

Rv. 10/00

2-2 OFFICIAL DMME INVESTIGATION FILE Division of Mines Mine Name

Mine Index Number:

Type of Investigation: Complaint Serious Personal Injury

Fatality

Other Accident:

Date Investigation Started:

Date Investigation Completed

DM Representatives Involved: Content of Investigation File:

______________________________________________________

(Supervisor Responsible For File) pm 01/19/99

Virginia Coal Surface Mining Hearing ProceduresDoc ID: DMLR-G-APA

Original: 13,441 words
Condensed: 11,587 words
Reduction: 13.8%

Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 1 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8157

VIRGINIA COAL SURFACE MINING AND RECLAMATION

PERMANENT REGULATORY PROGRAM

ADMINISTRATIVE HEARINGS PROCEDURES

TABLE OF CONTENTS

Administrative Hearings ............................................................................................................... 2 Informal Conference (Permitting & Bond Release Applications) ................................................ 2 Complaint Reviews....................................................................................................................... 5 Informal Hearings ......................................................................................................................... 6 Formal Public Hearings ................................................................................................................ 7 Hearing Officers................................................................................................................ 9 Temporary Relief Hearing ............................................................................................. 10 Formal Hearing Procedure.............................................................................................. 11 Review and Reconsideration....................................................................................................... 12 Judicial Review........................................................................................................................... 13 Appendix:.................................................................................................................................... 14 March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 2 of 59

ADMINISTRATIVE HEARINGS

The Virginia Coal Surface Mining Control and Reclamation Act of 1979 (Act) and the Virginia Coal Surface Mining Reclamation Regulations (VCSMRR) provide for the following types of administrative proceedings –

  • Informal Conferences
  • Informal Hearings/Assessment Conferences
  • Formal Hearings (including temporary relief proceedings)
  • Review and Reconsideration
  • Judicial Review

The Reclamation Program Manager coordinates the informal conferences for permit and bond release applications (informal conference held prior to the final application decision).

The Legal Services Officer coordinates informal hearings and formal hearings to review agency decisions (i.e., issuance of enforcement action, civil penalties, complaint investigation reviews, and application approvals or denials), as well as any subsequent review and reconsideration or judicial appeal proceeding regarding the Division’s administrative hearing decisions.

Informal Conference (Permitting & Bond Release Applications)

Applicable Act and regulation references:

§45.1-239

Public participation in process of issuing or revising

permits

§45.1-252(D)(3)

Designating areas unsuitable for coal surface mining

§45.1-247(C)

Forfeiture or release of performance bond

§45.1-263(F)

Right of entry, acquisition, disposition and reclamation of land adversely affected by past coal mining practices

§4VAC25-130-761.12(d) Procedures (Areas Unsuitable for Mining) §4VAC25-130-773.13(c) Informal Conference §4VAC25-130-773.15(a) Review of Permit Application §4VAC25-130-774.13 Permit Revisions §4VAC25-130-774.15 Permit Renewals §4VAC25-130-800.40(f) Requirements to Release Performance Bonds §4VAC25-130-801.17 Bond Release Application March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 3 of 59 Written requests for an informal conference will be routed to the Reclamation Program Manager or the Review Inspector. The request –

  • Must be submitted within 30 days from the last date of publication of the public notice.
  • Should specify what interest the person has that could or would be adversely affected by the Division’s decision on the application.
  • Should briefly summarize the issues that will be raised by the requestor at the conference.
  • Should indicate whether the citizen wants the conference in the general location of the proposed/permitted operation.

In setting the informal conference, the Review Inspector will –

  • Schedule the conference for the DMME’s Big Stone Gap office, or if requested in writing by the conference requestor, at a site that is accessible by the public and is located near the proposed/permit operation.
  • Ensure the conference is conducted during normal business hours, unless the unique circumstances of the application and public interest necessitate holding the conference after normal work hours.
  • Ensure the conference date, time, and location are published (in a newspaper of general circulation) for at least two weeks prior to the conference.
  • Send notice of the conference by certified mail (return receipt requested) to the person(s) who requested the conference. A copy of the notice will also be provided to the applicant, DMLR staff involved in the application review, and the Legal Services Officer.

Upon receiving the conference notice, the Legal Services Officer will prepare the Virginia Town Hall notice for posting at the Department’s Big Stone Gap and/or Keen Mountain office(s) and on the DMME internet site. A copy will be posted on the Virginia Regulatory Town Hall1 internet site (http://www.townhall.state.va.us/) and sent to DMME’s OMIS2 section for placement on the DMME web page.

Conducting the informal conference –

  • The Legal Services Officer will normally preside as the facilitator of the informal conference. If that person is unable to conduct the conference, the Customer Services Manager may serve or appoint another staff member to serve as the facilitator. The conference will be recorded by the Customer Services Office Services Specialist.
  • A sign–in sheet will be used for persons wishing to present oral comments. 1 The Legal Services Officer will access the Virginia Regulatory Town Hall and follow its procedures for posting a public meeting notice. A copy of the notice will also be sent to the DMME Executive Secretary. 2 OMIS – Office of Management of Information Systems March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 4 of 59
  • DMLR attendees will normally include the conference facilitator, area inspector and supervisor, and a Reclamation Services or Program Manager.
  • Upon opening the conference, the facilitator will inform the attendees of the conference’s purpose and clarify that it is neither an adversarial proceeding nor forum for public debate. If the number of persons wishing to comment is significant, the facilitator may set a time limit (e.g., 5 minutes each) for each commenter. Should the commenter be reading from a lengthy prepared text, he/she may offer the written text for inclusion into the conference record.
  • Depending on the number of participants and facility’s accommodations, the facilitator may allow each participant to offer oral comment in the conference room or direct the person to a separate room where comments will be taken. This will ensure that each person’s comments are noted and recorded in an orderly fashion for the record.
  • The facilitator will close the conference after all persons wishing to present oral comment have done so. No further discussions concerning the application will be allowed after the conference is closed.
  • The facilitator, if needed, may grant the attendees an additional 10 calendar days to submit written comments. The comments should be sent to the attention of the facilitator.

Post conference –

The facilitator will –

  • Ensure that a copy of the conference transcript is prepared by the Customer Services Office Services Specialist and provided to the appropriate DMLR personnel.
  • Summarize the questions or concerns offered during this public participation phase and remind the DMLR reviewing staff of the date that the application decision must be rendered - to ensure their responses to the conference comments are prepared prior to that date.
  • Upon receipt of the DMLR conference response comments, prepare the DMLR summary findings and send such with a copy of the conference transcript to each of the conference commenters. This information shall also be sent to the applicant.

The Legal Services Officer will maintain a file copy of the conference comments, transcript, and DMLR responses and ensure a copy is sent to the Permit Section for placement in the applicable office permit or application file.

March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 5 of 59 Complaint Reviews

Applicable regulation reference:

§4VAC25-130-842.15 Review of Decision not to Inspect or Enforce

A person who alleges that a violation of the regulations is or has been present will have 30 days from the DMLR’s complaint investigation report finding to request an informal review of the decision (not to inspect or take enforcement action). The request for informal review will be routed to the Legal Services Officer, who will conduct the review or assign it to a DMLR supervisor or to another appropriate Customer Services staff member.

The Legal Services Officer will acknowledge receipt of the review request and notify the complainant in writing as to when the review will be completed. A copy will be sent to the permittee. The Legal Services Officer or person assigned the informal complaint review will -

  1. Working with the Reclamation Field Inspector, schedule the review with the complainant, so a decision may be rendered within 30 days from the DMLR’s receipt of the review request.
  2. If the concern involves a DMLR technical report investigation, obtain a copy and review the report findings.
  3. Meet with the complainant to receive the person’s concerns relative to the DMLR’s findings and actions regarding the alleged violation.
  4. Inform the person that the review would look at whether the investigation (a) was properly conducted per the regulations and DMLR’s procedures, and (b) considered the relevant information.
  5. Prepare the informal review decision, which will either affirm the DMLR’s complaint investigation findings or recommend that the investigation be re-opened to consider additional information.
  6. Ensure the informal review recommendation is rendered and prepared prior to expiration of the regulatory time requirement.

The Legal Services Officer will take the complaint review findings and prepare the decision letter for the Reclamation Services Manager’s consideration and signature. Should the final decision be to re-open the complaint for further inspector or technical investigation, the decision letter will set a time frame for completion of any additional field and/or technical re-evaluation. This action would probably result in an addendum to the original technical report.

After being signed by the Reclamation Services Manager, the review decision will be returned to the Legal Services Officer, who will ensure it is mailed or delivered to the complainant(s) and company. The complaint review decision shall also inform the complainant of the regulatory time frame to request formal review. The Legal Services Officer will –

  • Provide a copy of the decision to the Inspector, company, and any involved March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 6 of 59 DMLR technical staff.
  • Should the complainant request a formal review, follow the procedures for a formal public hearing.
  • Place a copy of the complaint review decision on the DMME intranet (Public Folders) for future reference and DMME staff use.

Informal Hearings

Applicable regulation references:

§4VAC25-130-843.15 Informal Public Hearing §4VAC25-130-845.18 Procedures for Assessment Conference

Upon receipt of a written request for an informal hearing to contest a Division decision, the Legal Services Officer will determine whether –

  • The request was submitted within the applicable regulatory time limit.
  • The person submitting the request has the legal right to request the hearing or a valid legal interest that is or may be adversely affected by the DMLR’s action/decision.
  • The hearing applicant has stated what action/decision was being contested.

If the request is untimely, the person does not have the legal right to request review, or the request does not state what action or decision is being challenged, a denial letter will be sent by certified mail to the person who requested review, explaining the reason(s) that a hearing would not be granted.

If a hearing is granted, the Legal Services Officer shall assign the informal hearing officer3 and notify the parties of the date, time, and location of the informal hearing. The hearing will be held at the mine site, at a location near the mine site, or at a location acceptable to the parties. The proceeding will be open to the public. Any person attending the hearing may provide comments relevant to the contested matter.

The Legal Services Officer will provide a copy of the appropriate file materials to the Informal Hearing Officer.

Conducting the Informal Hearing -

Upon opening the hearing, the Informal Hearing Officer will introduce himself, ask the other persons attending to identify themselves, inform the participants of the matter under 3 The Legal Services Officer may assign a DMLR supervisor or another appropriate Customer Services Section staff member as the informal hearing officer March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 7 of 59 review, and take notes of the hearing discussions. Cross-examination among the parties will be allowed, and the party(ies) may submit evidence that may be relevant to the contested action or decision. The Informal Hearing Officer must maintain order of the proceedings. Should a participant be overly disruptive or emotions start to interfere with civil discourse, the Informal Hearing Officer should adjourn the hearing and reschedule (if necessary) for another date, time, and location.

After receiving the comments and any exhibits from the participants, the Informal Hearing Officer shall inform the parties that a recommendation will be rendered within the applicable regulatory time frame. In the event more time will be required to review additional information pertinent to the hearing issue(s), the Informal Hearing Officer will inform the participants that the record will be left open until the information is obtained and considered.

The Informal Hearing Officer’s recommendation will be submitted for approval to the -

  • Reclamation Services Manager for permitting, enforcement, and bond issues.
  • Legal Services Officer for review of civil penalties (assessment conference).

The Informal Hearing Officer’s decision will contain a summary of the discussions presented at the hearing, and a recommendation to affirm, modify, or vacate the action under review. In a situation where enforcement action was taken due to the findings of a DMLR complaint/technical report, the Informal Hearing Officer should identify in the hearing recommendation any area(s) of the technical report finding that should be re-visited, re-evaluated, and/or modified (if necessary).

The hearing decision will be sent by certified mail (return receipt requested) to the person who requested the review. If the hearing involved the issuance of enforcement action under Part 4VAC25-130-843, a copy must be provided to any person who filed a concern or complaint with the Division that resulted in the action being reviewed. The hearing decision will also inform the hearing applicant of the procedure for requesting a formal public hearing, if aggrieved by the decision.

The Legal Services Officer will maintain the administrative hearing file, place a copy of the decision on the DMME intranet site for future reference and use by DMME staff, and receive the certified mail receipt that acknowledges service of the informal hearing decision.

Formal Public Hearings

Applicable Act and regulation references:

§45.1-240

Decision of Director upon permit application; hearing; appeal

§45.1-246(B)

Civil and criminal penalties

§45.1-247(B)

Forfeiture or release of performance bond March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 8 of 59 §45.1-249

Administrative review of notice or order issued under §45.1-245 §45.1-250

Hearings §45.1-251

Judicial review of final order or decision or of decision under §45.1-263 §45.1-252

Designating areas unsuitable for coal surface mining

§4VAC25-130-764.15 Initial Processing, Record keeping, and Notification Requirements §4VAC25-130-764.17 Hearing Requirements §4VAC25-130-764.19 Decision §4VAC25-130-772.12(e) Permit Requirements for Exploration Removing More

Than 250 Tons of Coal §4VAC25-130-773.15 Review of Permit Applications §4VAC25-130-773.21(c) Improvidently Issued Permits: Rescission Procedures §4VAC25-130-774.11(c) Division Review of Permits §4VAC25-130-774.15(f) Permit Renewals Part 4VAC25-130-775 Administrative Review Part 4VAC25-130-789 Procedures Applicable to Administrative Hearing §4VAC25-130-800.40 Requirements to Release Performance Bonds §4VAC25-130-800.51 Administrative Review of Performance Bond Forfeiture §4VAC25-130-843.13 Suspension or Revocation of Permits §4VAC25-130-843.16 Formal Review of Citations §4VAC25-130-845.19 Request for Hearing (civil penalty determination)

There are several types of administrative formal hearings available to the permittee or person wishing to contest a Division action. However, the basic hearing process is generally the same for each type of hearing (§§45.1-250 and 2.2-4020 of the Code of Virginia).

A request for a formal hearing will be routed to the Legal Services Officer, who will determine if the written request was timely and proper. If the request was submitted after the regulatory time frame, the Legal Services Officer will notify the hearing applicant in writing that the right to the hearing had expired.

For timely filed requests, the Legal Services Officer shall send the person a letter acknowledging receipt of the hearing request. In the letter, the Legal Services Officer may ask for additional information to determine the person’s legal standing and whether a hearing will be granted. The letter should advised or inquire –

  • That the formal review will be conducted pursuant to §45.1-250 of the Code of Virginia, the applicable VCSMRR, and/or §2.2-4020 of the Virginia Administrative Process Act, as amended.
  • That the agency will be represented by the Virginia Attorney General’s office.

March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 9 of 59

  • Whether the person/company will have legal counsel representation in the matter, and, if yes, to provide legal counsel’s name, address, and telephone number.
  • That the permittee or other persons will have the right to petition to intervene in the formal hearing per §§4VAC25-130-789.2 VCSMRR.
  • That as the moving party (Applicant) in a formal public hearing, the party requesting the hearing will be required to show – o The Hearing Officer the interest which is or may be adversely affected by the Division’s decision; and, o That the Division’s decision being reviewed was improper under the Act and the regulations.
  • That the formal hearing is an administrative review proceeding of specific limited jurisdiction. If the hearing request does not reveal a material issue in dispute, no hearing is required. Consequently, either (1) the failure to state a claim, or (2) stating a claim for which relief is not available within the limited jurisdiction of the administrative review, would make it unnecessary to conduct a formal hearing.

The hearing applicant may be asked to provide a more definitive statement of the claim upon which administrative relief is requested.

For timely and proper requests, the Legal Services Officer will gather preliminary information relevant to the hearing request for forwarding to the assigned Hearing Officer and Assistant Attorney General. Information and support documentation will be solicited from the appropriate sections of the Division. Due to the time constraints imposed by regulation and law, a hearing will be scheduled expeditiously, contingent upon the Hearing Officer’s and Assistant Attorney General’s availability.

Hearing Officers

In 1986, legislation established a Hearing Officer system, administered by the Executive Secretary of the Virginia Supreme Court. The Legal Services Officer serves as the agency contact with the Executive Secretary’s office to obtain the services of a qualified hearing officer.

In cooperation with the Executive Secretary’s office, the Department has provided specialized training in the laws and regulations administered by the agency to various hearing officers. After completing the training, the hearing officers are qualified to preside over formal administrative hearings for the Department.

When a formal hearing request is received, the Legal Services Officer or staff will contact the Hearing Officers to obtain a list of their available dates. The list of available dates will be provided to the Assistant Attorney General and other involved legal counsel for hearing scheduling purposes.

Depending on availability, the assignment of a hearing officer will be by rotation with the March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 10 of 59 person at the top of the rotation contacted first and asked to serve. If the prospective hearing officer has a schedule conflict, the Legal Services Officer will proceed to contact the other hearing officers in sequence until an acceptable hearing date can be set.

Pre-hearing Preparations

The Legal Services Officer will inform (by letter) the hearing applicant, permittee, Assistant Attorney General, hearing officer, other parties, and appropriate Division personnel of the hearing date, time, and location. The hearing will be conducted at the Department’s Big Stone Gap office.

If requested by the hearing participants, the Legal Services Officer will issue subpoenas for witnesses and written or printed materials. The Reclamation Services Manager will assist in the service of the subpoenas.

Section managers will ensure the participation of appropriate Division personnel as requested by the Assistant Attorney General or Legal Services Officer.

The Legal Services Officer will prepare –

  • A copy of the relevant file materials for the Assistant Attorney General.
  • A request for court reporter for the hearing through the Office of General Services; ensuring the necessary requisition is completed.
  • A hearing preparation summary of the action being contested. This will be sent to the appropriate DMLR personnel for review and input prior to the pre-hearing meeting with the Assistant Attorney General.
  • A draft PowerPoint presentation regarding the case, which may be used by DMLR’s counsel in the actual formal hearing. If used by the Assistant Attorney general, a paper copy will be offered at the formal hearing as an exhibit with copies provided to the Hearing Officer and other parties of the hearing.
  • On the hearing date, the DMME conference room for the formal hearing.

Working with the Assistant Attorney General, the Legal Services Officer will arrange a pre-hearing meeting with DMLR personnel to review the facts of the case and probable agency testimony. The preparatory meeting will usually be conducted at least a week prior to the formal hearing.

Temporary Relief Hearing

A special type of formal hearing may be conducted when a company or person with a valid legal interest requests a hearing for temporary relief from the Division’s action or decision, pending the outcome of the formal hearing decision. The applicable Act and regulation references are – March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 11 of 59 §45.1-240(C) Decision of Director upon permit application; hearing; appeal

§45.1-249(C) Administrative review of notice or order issued ynder §45.1-245

§45.1-251(B) Judicial review of final order or decision or of decision under §45.1-263

§4VAC25-130-775.11(b) Administrative review

If the hearing applicant has standing to request the formal hearing, the Legal Services Officer will schedule the temporary relief proceeding as soon as possible. In the event that a company’s mining operations were caused to cease due to Division enforcement action, the relief hearing must be held within 5 working days of receipt of the request (§45.1-249(C) of the Code of Virginia).

The temporary relief hearing may be conducted on a separate date or just prior to the actual formal hearing. The temporary relief proceeding must be open to the public. The moving party (applicant) must prove to the Hearing Officer that –

  • There is a substantial likelihood that the decision of the Director will be favorable to him/her.
  • Temporary relief will not adversely affect the health or safety of the public or cause significant imminent environmental harm to land, air, or water resources.

The temporary relief proceeding will be conducted in accordance with Section 2.2-4020 of the Virginia Administrative Process Act. The Hearing Officer will receive evidence, testimony, and legal argument from the parties, and then render a recommendation to grant or deny the temporary relief request for the Deputy Director’s consideration.

The Hearing Officer recommendation will be sent to the Legal Services Officer who will route it on to the Division Director and DMME Deputy Director. The Deputy Director will render the final decision to grant or deny the relief. The Legal Services Officer will ensure a copy of the decision is provided to the parties of the hearing.

Formal Hearing Procedure

The Assistant Attorney General will determine the best manner to present the Division’s case. The Legal Services Officer will provide assistance, as requested.

The Hearing Officer will conduct the formal hearing in accordance with the applicable provisions of the Virginia Administrative Process Act, §45.1-250 of the Code of Virginia, and the VCSMRR.

The hearing applicant (party seeking to reverse the agency decision) has the ultimate March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 12 of 59 burden of proof.

After the presentation of evidence and argument, the Hearing Officer may permit the parties to submit written briefs. The Legal Services Officer will monitor the briefing schedule to ensure compliance by the parties and an expeditious decision.

The Hearing Officer’s recommended decision (findings of fact, conclusions of law, and recommended findings) and hearing exhibits will be received by the Legal Services Officer. The hearing decision will be forwarded by the Legal Services Officer to the appropriate Division personnel for comment.

Comments will be sent to the Legal Services Officer, who, after discussion with the Division Director and/or appropriate managers will prepare a draft decision for the Deputy Director’s signature. The recommended decision and formal hearing record will be forwarded to the Deputy Director. The Deputy Director’s final decision and hearing officer’s opinion will be sent by certified mail to the parties.

The Legal Services Officer will ensure that the administrative hearing record is compiled and maintained. In anticipation of further administrative or judicial review, the Legal Services Officer will ensure that the record contains only the material considered by the Hearing Officer.

An appeal of a final formal hearing decision will be subject to review and reconsideration by the Deputy Director. No further evidence would be admissible during review or reconsideration.

Appeals beyond the formal hearing shall be based solely upon the administrative hearing record.

Review and Reconsideration

A party to the formal hearing may request review and reconsideration by the Deputy Director. The written request will be routed to the Legal Services Officer, who will:

  • Determine if it was proper and timely submitted.
  • Notify the party as to whether review and reconsideration will be granted. If not granted, specify reason(s) the request was denied.
  • Notify the parties of the schedule to submit or present written and oral argument to the Deputy Director, and that the submission of additional evidence will not be allowed.
  • Provide the Deputy Director with the formal hearing administrative record, including exhibits and closing briefs considered by the Hearing Officer.
  • Schedule the appropriate conference room for the hearing, obtain the services of a court reporter (if such will not be performed by the Customer Services Office Services Specialist), and ensure the conference room is set up on the hearing date.

After the parties are given the opportunity to present oral or written argument, the Deputy Director will complete review of the hearing record and formal hearing decision. Upon March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 13 of 59 completion of the review and reconsideration, the Deputy Director will prepare a written decision. The decision will also inform the appellant of the right to appeal to the Circuit Court, pursuant to the Rules of the Supreme Court of Virginia. The Legal Services Officer will ensure all parties and appropriate DMLR staff are provided a copy of the decision.

Judicial Review

A party to the administrative hearing may appeal the review and reconsideration decision to the appropriate County or City Circuit Court, pursuant to the Rules of the Virginia Supreme Court.

The party seeking appeal must file a Notice of Appeal with the agency within 30 days of receiving the review and reconsideration decision. This must be followed with service of a “Petition of Appeal” that has been filed with the appropriate Circuit Court Clerk’s office, as required by the Rules of the Virginia Supreme Court.

In the event the final administrative decision is appealed to the Circuit Court (Section §45.1-251 of the Act) and the Assistant Attorney General advises that the petition of appeal is proper and timely, the Legal Services Officer will ensure the delivery of a copy of the complete administrative record to the appropriate Circuit Court Clerk’s office.

Prior to forwarding the record to the Circuit Court Clerk, the Legal Services Officer will inform the parties by letter of the administrative record content. The parties will be given an opportunity to inform the Legal Services Officer as to whether they see any omission or deficiency in the record compilation.

If no objections to the record are received, the record will be sent by certified mail or hand delivered to the appropriate Circuit Court Clerk’s office. A cover letter summarizing the contents of the record will be included. A copy of the cover letter will be sent to counsel for each party to the appeal and appropriate Division personnel. In the event of hand delivery of the record, the Clerk’s office will be provided a form to certify receipt of the administrative record.

The Assistant Attorney General will notify the Legal Services Officer when and if additional information should be sent to the Court.

March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 14 of 59

APPENDIX

Examples of Correspondence and Hearing Documents (not inclusive)

Informal Conference

Letter scheduling informal conference p. 16 Notice of Meeting p. 17 Conference sign-in sheet p. 18 Conference statement p. 19 Cover letter with conference transcript p. 20

Informal Complaint Review

Letter acknowledging review request p. 21 Informal complaint review summary and finding p. 22 Decision to affirm p. 23 Decision to re-open investigation p. 24

Informal Hearing

Letter scheduling hearing p. 25 Notice of informal hearing p. 26 Informal hearing summary and finding p. 27 Decision cover letter p. 28

Letter scheduling assessment conference p. 29 Letter scheduling joint informal hearing and assessment conference p. 30 Notice of assessment conference p. 31 Assessment conference summary and finding p. 32 Decision cover letter p. 33

Formal Hearing

Letter acknowledging review request on permit application p. 34 Letter scheduling hearing on enforcement action p. 35 Letter scheduling hearing on enforcement and penalty actions p. 38 Hearing preparation summary (attorney-client p. 39 March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 15 of 59 privilege) Notice of formal public hearing p. 41 Subpoena p. 42 Subpoena Duces Tecum p. 43 Letter addressing petition to intervene p. 44 Decision cover letter – permit action p. 45 Decision cover letter – enforcement action p. 46

Review and Reconsideration

Letter informing DMLR initiating review request p. 47 Letter acknowledging review request p. 48 Hearing scheduled for review and reconsideration p. 50 Review and Reconsideration decision when review requested by DMLR p. 51 Review and Reconsideration decision p. 53

Judicial Review

Notice of appeal acknowledgement p. 54 Certification of administrative record p. 56 Certification of delivery of administrative hearing record p. 58 Certification of mailing of administrative hearing record p. 59 March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 16 of 59 Date

Certified Mail #______________________

Address of conference requestor

Dear _____________:

The informal conference to receive comments concerning applicant’s name permit application number __________ is scheduled for p.m. on date . The proceeding will be conducted at the Division of Mined Land Reclamation office in Big Stone Gap, Virginia (or insert address if conference will be held somewhere else). Public notice of the scheduled informal conference will be published in the enter newspaper name on enter date of publication.

The conference will be held pursuant to §4VAC25-130-773.13 (c) of the Virginia Coal Surface Mining Reclamation Regulations. The conference will be an informal fact finding proceeding. It is not an adversarial proceeding nor is it a forum for debate.

Comments received during the informal conference, along with written comments, will be considered during the review of the permit application. Contact me at (276) 523- should you have any questions.

Sincerely,

name

Review Inspector

c: Area Inspector Area Supervisor Reclamation Program Manager Applicant.

Legal Services Officer March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 17 of 59 Meeting: Public Informal Conference on Permit Application No. ____________, Enter Applicant’s name.

Date of meeting: Time of meeting: .

Department of Mines, Minerals and Energy’s office located at 3405 Mountain Empire Road; Big Stone Gap, Virginia Conference Room 219 of the Buchanan-Smith Building (or insert location if held somewhere else) Location: Agenda to be provided: [ ] yes [ X ] no Minutes to be taken: [ X ] yes Location is accessible to the handicapped. Special accommodations for the disabled will be made available at the public meeting or hearing on request. Anyone needing special accommodations should contact the Department of Mines, Minerals and Energy at least seven days prior to the meeting or hearing date.

Details: The purpose of this meeting is to receive public comments (pursuant to §4VAC25-130-773.13(c) of the Virginia Coal Surface Mining Reclamation Regulations) on the permit application by enter Applicant’s name to conduct surface coal mining and reclamation operations. (The proposed permit area comprises ______ acres and is located approximately _____________________________ in _____ County. The application proposes an enter brief description of type of operation(s).) Person to contact for additional information: Name: Title: Legal Services Officer Address: Department of Mines, Minerals and Energy P. O. Drawer 900 Big Stone Gap, Virginia 24219 Telephone: (276) 523-Fax: (276) 523-8163 Telecommunications number for the hearing impaired: Call the Virginia Relay Center at 800-828-1120.

E-Mail: enter e-mail address of Legal Services Officer Agency Homepage: http://www.dmme.virginia.gov March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 18 of 59 Informal Conference - Sign in Sheet Enter time and date Application #__________ Department of Mines, Minerals and Energy Big Stone Gap Office (or enter address of conference location if not at DMME office)

Purpose Comments/Concerns/Objections concerning Applicant’s name ’s permit application number .

Name Address Telephone Check if you want to present oral comments March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 19 of 59 Permit Application #___________

Applicant’s Name.

Public Informal Conference Enter time & date Department of Mines, Minerals and Energy Big Stone Gap Office (or other location of conference)

Introductions of DMLR facilitator and other DMME/DMLR personnel This conference is being conducted in accordance with §4VAC25-130-773.13(c) of the Virginia Coal Surface Mining Reclamation Regulations for the purpose of receiving written and oral comments from interested parties concerning Permit Application #_______________ of Applicant’s Name. The proposed operation would be located approximately __________enter location in County.

This is an informal fact finding proceeding. It is not an adversarial proceeding nor is it a forum for debate; therefore, cross-examination is not appropriate. In order for the Division to make an informed decision, we need to receive your written and oral comments relative to this specific application. Each comment is important and will become a part of the administrative review record.

Part 4VAC25-130-773 of the regulations sets forth the conditions and requirements for a permit.

We will record the oral comments you may wish to offer. If you prefer, you may submit written comments. The Division will prepare a transcript of the oral comments received today, which will become a part of the administrative public record.

Within 60 days of the close of this conference, the Division will render its final decision on the permit application. Persons who submit written or oral comments will be notified in writing of the Division’s decision to grant or deny the application.

Please be advised that pursuant to §4VAC25-130-775.11 of the regulations, the applicant, or any person who may be adversely affected by the Division’s decision, may request a formal public hearing to contest the agency’s decision.

If you wish to make oral comments regarding this application, please come forward one at a time and identify yourself. State your name, complete address, and your concerns or comments.

March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 20 of 59 Date

Commenter’s address

Re: Informal Conference - Transcript, Application #________, Applicant Name.

Dear ___________:

Thank you for your participation in the informal conference of ___Date________. The Division will be evaluating the concerns raised and will provide a response to such. In the meantime, I have enclosed a copy of the conference transcript for your information.

The Division will render a final decision on the application by _______Date_____. You will be notified of that decision.

Respectfully,

Name

Legal Services Officer

c: Permit Review Inspector Reclamation Inspector Applicant March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 21 of 59 Date

Complainant’s address

Certified Mail Return , Virginia

Return Receipt No. _________________

Re: Informal Review - Enforcement Complaint No. __________________ Permit No. _____________, Permittee name

Dear ___________:

In response to your letter of enter date , the Division will conduct an informal review of complaint investigation to determine whether the Division’s enforcement complaint investigation was in accordance with the laws and regulations administered by this agency.

The informal review will be conducted on of enter date at enter time at enter the location of the meeting . The review is pursuant to §4VAC25-130-842.15(b) of the Virginia Coal Surface Mining Reclamation Regulations and will involve a review of the Division’s enforcement records and consideration of your comments relative to the aforementioned complaint investigation to determine whether the Division took appropriate and proper action.

After reviewing the applicable records and considering your comments, I (or enter reviewer’s name if other than the Legal Services Officer, will prepare a written report of findings. Reclamation Services Manager name will forward a copy of the findings to you by enter date .

I hope the informal review and ultimate findings will address your concerns; however, if not, you will have the right under §4VAC25-130-842.15(d) of the regulations to request a formal administrative hearing. The right to seek formal administrative review and burden of proof will be explained in the informal review decision.

If you have any questions in the meantime concerning the informal review or any subsequent administrative hearing review process, please let me know.

Respectfully,

name

Legal Services Officer

c: Reviewer , if other than the Legal Services Officer Permittee Reclamation Inspector & Technical Investigator(s) if technical report prepared March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 22 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8157

Informal Complaint Review

Complainant:

Permit No.:

Complaint:

Company:

Review Request:

Summary of Complaint Review

Complainant’s Concerns

Informal Review Finding

By:

Date:

Legal Services Officer March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 23 of 59 date

Complainant’s address

Certified Mail Return

__________, Virginia __________

Receipt No. _______________

Re: Informal Review Decision of Enforcement Complaint No. ___________, Permittee name’s Permit No. ___________

Dear ____________:

In response to your written request, the Division conducted an informal review of Enforcement Complaint No. ____________ to determine whether the Division’s enforcement complaint investigation was in accordance with the laws and regulations administered by this agency.

The review was conducted pursuant to §4VAC25-130-842.15(b) of the Virginia Coal Surface Mining Reclamation Regulations by reviewer’s name . His opinion is attached.

Based upon the enclosed, the Division’s decision to close the investigation is hereby affirmed.

Please be advised that pursuant to §4VAC25-130-842.15(d) of the regulations, you may request a formal administrative hearing to review this determination. Your written request should be sent to the attention of name , Hearing Coordinator. The request should specifically state how you are adversely affected by this determination and how the Division’s decision regarding the complaint investigation was improper pursuant to the Virginia Coal Surface Mining Control and Reclamation Act of 1979, as amended, and the regulations promulgated thereunder.

Should you have any questions in the meantime concerning the formal administrative hearing review process, please contact the Hearings Coordinator at (276) 523-_____.

Respectfully,

name

Reclamation Services Manager

c: Reviewer , if other than the Legal Services Officer Permittee Reclamation Inspector Technical Investigator(s) if technical report prepared March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 24 of 59 date

Complainant’s address

Certified Mail Return

__________, Virginia __________

Receipt No. _______________

Re: Informal Review Decision of Enforcement Complaint No. ___________, Permittee name’s Permit No. ___________

Dear ____________:

In response to your written request, the Division conducted an informal review of Enforcement Complaint No. ____________ to determine whether the Division’s enforcement complaint investigation was in accordance with the laws and regulations administered by this agency.

The review was conducted pursuant to §4VAC25-130-842.15(b) of the Virginia Coal Surface Mining Reclamation Regulations by reviewer’s name . His opinion is attached.

Based upon the enclosed opinion, the Division will re-open the complaint to address the recommendations identified in the attached opinion. An addendum to Technical Report No. _____ will be prepared to summarize any revision or conclusion that may result from this review.

Name , Reclamation Program Manager, will forward the addendum to you within 30 days.

Respectfully,

name

Reclamation Services Manager

c: Reviewer , if other than the Legal Services Officer Permittee Reclamation Inspector Technical Investigator(s) if technical report prepared March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 25 of 59 date

contact name & address

Certified Mail Return

Receipt No. _____________

Re: Informal Hearing Request - Issuance of NOV# ____________, Permit No. __________

Dear ______________:

An informal hearing (§4VAC25-130-843.15 VCSMRR) will be conducted at the mine site (or insert other suitable location) at time on date , to review the issuance of Notice of Violation No. ____________, violation(s) ___ of ___.

Please be advised that the informal hearing will be open to the public. The Informal Hearing Officer may accept oral or written argument and any other information relevant to the issuance of the notice.

Should you have any questions concerning the hearing in the meantime, please call me at (276) 523-_____.

Respectfully,

name

Legal Services Officer

c: Reclamation Inspector

__________________, Informal Hearing Officer

Complainant (if complaint investigation resulted in issuance of the enforcement action) March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 26 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VIRGINIA 24219

TELEPHONE: (276) 523-8157

NOTICE OF INFORMAL HEARING

In compliance with the requirements set forth in §4VAC25-130-843.15 of the Virginia Coal Surface Mining Reclamation Regulations, notice is hereby given that the Division of Mined Land Reclamation will hold an informal hearing to review the issuance of __________________________ to _____________________, Permit No. _________ .

The informal hearing shall be conducted on date at time at location (if not at the permit site, also provide the location of the permit and the county(ies) it is in).

The permittee may submit additional material for consideration during the conference.

Any person shall have the right to attend the conference and participate.

The permittee shall have 15 days after receipt of the informal hearing decision to request a formal public hearing under §4VAC25-130-843.16(a) of the Virginia Coal Surface Mining Reclamation Regulations.

Posted: date March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 27 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (540) 523-8157

Informal Hearing Determination

Company:

Permit No.:

Subject:

Hearing:

Location:

Participants:

Summary of Informal Hearing

Informal Hearing Recommendation

Reviewed by:

Date:

, Informal Hearing Officer March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 28 of 59 date

contact name & address

Certified Mail Return

Receipt No. _____________

Re: Informal Hearing Decision - Issuance of (type of enforcement action & identification # ____________, Permit No. __________

Dear ______________:

An informal hearing was held on enter date , to review the issuance of enter NOV/CO #), violation(s) __ of _____.

Based upon the attached opinion of the Informal Hearing Officer, I am affirming (vacating or modifying) the issuance of the (type of enforcement action & identification #).

Pursuant to §4VAC25-130-843.16(a) of the Virginia Coal Surface Mining Reclamation Regulations, you (or any person having an interest which is or may be adversely affected by this decision) have the right to request a formal public hearing to review this decision. The request must be submitted in writing within 15 days from service of this decision to the:

Hearings Coordinator Division of Mined Land Reclamation P. O. Drawer 900 Big Stone Gap, Virginia 24219

Please be advised that the party requesting formal review shall bear the burden of proof at the formal hearing.

Should you have any questions concerning the formal hearing process, please call name , Hearings Coordinator, at (276) 523-______.

Respectfully,

Name

Reclamation Services Manager

c: Reclamation Inspector

__________________, Informal Hearing Officer

Complainant (if complaint investigation resulted in issuance of the enforcement action) March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 29 of 59 date

contact name company & address

Certified Mail Return

Receipt No. _________________

Re: Assessment Conference - Penalty Determination of NOV or CO#, Permit or Tracking #

Dear _________:

An assessment conference (§4VAC25-130-845.18 VaCSMRR) will be conducted at the location at time on date , to review the civil penalty determination(s) of NOV or CO#, violation(s) ______ of _______.

Please be advised that the assessment conference will be open to the public. The Conference Officer may accept oral or written argument and any other information relevant to the civil penalty determination from any person attending the conference.

Should you have any questions concerning the conference in the meantime, please call me at (276) 523-8157.

Respectfully,

Legal Services Officer

c: Reclamation Inspector

________________, Conference Officer March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 30 of 59 date

contact name company & address

Certified Mail Return

Receipt No. __________________________

Re: Assessment Conference and Informal Hearing – Permit No. _______________, NOV or CO#

Dear ____________:

An informal hearing4 and assessment conference5 will be conducted at time on date at location to review the issuance and civil penalty determination of NOV or CO# , violation(s) of to Permit No. .

Please be advised that the informal hearing and assessment conference will be open to the public. The Informal Hearing Officer may accept oral or written argument and any other information relevant to the issuance and civil penalty determination(s) of of NOV or CO# , violation(s) of .

Should you have any questions in the meantime, please let me know.

Respectfully,

Legal Services Officer

c: Reclamation Inspector __________________, Informal Hearing Officer If applicable, complainant (person who filed complaint that resulted in the issuance of the NOV or CO) 4 §4VAC25-130-843.15(c) of the Virginia Coal Surface Mining Reclamation Regulations (VCSMRR) 5 §4VAC25-130-845.18 VCSMRR March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 31 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8157

Notice of Assessment Conference

In compliance with the requirements set forth in §4VAC25-130-845.18 of the Virginia Coal Surface Mining Reclamation Regulations, notice is hereby given that the Division of Mined Land Reclamation will hold an informal assessment conference to review the proposed civil penalty against enter company name for enter applicable NOV and/or CO # and very brief description of what each violation concerned (e.g., effluent discharge, trees and shrubs), issued to Permit No. ________ .

The assessment conference shall be conducted on date at time at location (if at DMME office, also include the location of the permit site .

The permittee may submit additional material for consideration during the conference.

Any person shall have the right to attend the conference and participate.

The permittee shall have 30 days after receipt of the assessment conference decision to request a formal public hearing under §4VAC25-130-845.19(a) of the Virginia Coal Surface Mining Reclamation Regulations.

Posted: enter date notice is posted at DMME office March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 32 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8157

Assessment Conference Determination

Company:

Permit No.:

Penalty of:

Violation No.:

Conference date: at time Location:

Participants:

Summary of Conference

Assessment Conference Recommendation

Assessment Conference Determination: Permit No. _________ NOV/CO# ________________, violation ___ of ____(PSC6)

Proposed Assessment or Reassessment

Assessment Conference Recommendation

I.

History of previous violation $

$

II.

Seriousness Points

III.

Negligence Points

IV.

Good Faith Points

Total Points:

Base Penalty: $ .00

History Penalty: $ .00

$ .00

Total Penalty: $ .00

$ .00

After conference total & if applicable, add – *Includes 10% reduction of base penalty per 4VAC25-130-845.13(e)(1)VCSMRR, or *Due to low seriousness & negligence points, the penalty is waived.

Conference Officer:

Date:

Print name & work title 6 PSC = performance standard code (e.g., WM, SS, etc.) March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 33 of 59 date

contact name company & address

Certified Mail Return

Receipt No. __________________

Re: Assessment Conference Decision - Penalty Determination of NOV or CO#, Permit or Tracking #

Dear ____________:

An assessment conference (§4VAC25-130-845.18(a) VCSMRR) was held on date , to review the civil penalty determination(s) of NOV or CO#, violation(s) ____of ______. Based upon the attached opinion of conference officer’s name , the civil penalty determination is affirmed or reduced to $ amount .

Please be advised that you may request a formal public hearing under §4VAC25-130-845.19(a) of the regulations to contest the penalty determination(s) and the fact of issuance of NOV or CO#, violation(s) ____of ______. Your written request must be submitted with payment of the civil penalty to this office within 30 days from your receipt of this decision. The penalty payment would be placed in escrow pending final administrative/judicial review.

Regardless of whether you wish to contest the civil penalty determination or fact of issuance of the notice or order, the penalty amount will be due and payable within 30 days from your receipt of this decision. Should a timely appeal result in the vacation or reduction of the penalty, the Division would refund the applicable amount with accrued interest (calculated from date of payment).

Please submit payment of the penalty in the form of cash, money order, or check. A money order or check (company, cashier’s, or certified) must be made payable to the “Treasurer of Virginia”. To expedite our receipting of the penalty payment, please note the violation and permit numbers with your payment.

Should you have any questions concerning the formal hearing or payment processes, please call me at (276) 523-8157.

Respectfully,

name

Legal Services Officer March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 34 of 59 date

Hearing applicant’s address

Certified Mail Return

Receipt No. _________________________

Re: Formal Hearing Request – Approval of Application No. ____________, company name, Permit No. ______________

Dear _________________:

This is to acknowledge receipt of your letter of date , requesting a formal hearing to contest the Division’s decision to approve permit application number ______________ of company name.

Please be advised that the formal public hearing is similar to a court case in which the parties are usually represented by legal counsel. An attorney approved by the Executive Secretary of the Virginia Supreme Court would serve as Hearing Officer. A formal hearing, if held, would be conducted at the Department’s Big Stone Gap office during normal business hours.

If your request for a formal hearing is granted, as the moving party (Applicant) seeking review of the Division’s approval of the permit application, you will have:

  • to show the Hearing Officer that you have an interest which is or may be adversely affected by the Division’s decision to approve the application; and,
  • the burden to show that the Division’s decision to approve the application was improper, under the Virginia Coal Surface Mining Control and Reclamation Act of 1979, as amended, and the regulations promulgated thereunder.

The following definition is found in §4VAC25-130-700.5 of the Virginia Coal Surface Mining Reclamation Regulations –

“Person having an interest which is or may be adversely affected” or “person with a valid legal interest” shall include any person: (a) Who uses any resources of economic, recreational, aesthetic, or environmental value that is, or may be, in fact adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the division; or March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 35 of 59 (b) Whose property is, or may be, in fact adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the division.

The term “adversely affected” is further defined as meaning perceptibly harmed. “Aesthetics” means the consideration of that which is widely regarded to be a visibly beautiful element of a community or area.

Your letter of date does not set out how you may be adversely affected by the Division’s decision concerning Application No. ____________, nor specifically state what you allege the Division has failed to do in its review and approval of the permit application (i.e., that is contrary to the requirements of the Virginia Coal Surface Mining Control and Reclamation Act of 1979, as amended, and the Virginia Coal Surface Mining Reclamation Regulations).

As you are the applicant (in requesting this hearing), the agency is asking for a more definite statement of the claim upon which you request administrative relief be granted.

The formal hearing is an administrative review proceeding of specific limited jurisdiction.

If a hearing request does not reveal a material issue in dispute, no hearing is required.

Consequently, either (1) the failure to state a claim, or (2) stating a claim for which relief is not available within the limited jurisdiction of this administrative review, would make it unnecessary to conduct a formal hearing.

For your information, the agency’s position in this matter is similar to the requirements set forth under the federal regulations governing formal administrative hearings under the Surface Mining Control and Reclamation Act of 1977, as amended. Specifically, under 43 CFR Subpart L (Special Rules Applicable to Surface Coal Mining Hearings and Appeals), Section

  1. 1363(a),

The request for review shall include:

  1. A clear statement of the facts entitling the one requesting review to administrative relief;
  2. An explanation of each specific alleged error in OSMRE’s decision, including reference to the statutory and regulatory provisions allegedly violated;
  3. A request for specific relief;
  4. A statement whether the person requests or waives the opportunity for an evidentiary hearing; and,
  5. Any other relevant information.

Please provide information that sets forth the valid legal interest(s) you have in this matter (that is or will be adversely affected by the application approval), and what you allege the Division of Mined Land Reclamation has failed to do (i.e., regulatory or statutory requirements) in its approval of Application Number ___________. You will have until the close of business on date , to submit the written information to my attention. Also advise by date , as to whether you will be represented by legal counsel in this matter. (If you will be represented, March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 36 of 59 please provide that person’s name, address, and telephone number.) Upon receipt and review of your response, I will inform you (and your legal counsel, if applicable) as to whether a formal hearing will be scheduled.

Respectfully,

name

Legal Services Officer

c: Reclamation Inspector

Permit Reviewer

Reclamation Program Manager

Company March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 37 of 59 date

Hearing Applicant & address

Certified Mail Return

Receipt No. _____________________

Re: Formal Hearing – Issuance of ___________________________________, Permit No. ____________

Dear ______________:

The formal hearing to review the issuance of enter NOV/CO/RON#s or show cause order is scheduled for time on date . The public hearing will be held in Conference Room 219 of the Department’s Big Stone Gap office (Buchanan-Smith Building).

The hearing will be conducted pursuant to §45.1-249 of the Code of Virginia and Section §4VAC25-130-843.16 of the Virginia Coal Surface Mining Reclamation Regulations. ________________, Esquire shall serve as the Hearing Officer.

Please be advised of the following: 1) The agency will object to any request for continuance of the formal hearing, which is made within 10 days of the scheduled hearing date. 2) Each party needs to have a minimum of 3 sets (or 1 for each party and the Hearing Officer) of each exhibit it intends to place into the administrative record.

Should you have any questions in the meantime, please call me at (276) 523-8157.

Respectfully, name Legal Services Officer

c: Hearing Officer, Esquire AAG, Esquire Reclamation Inspector Other involved parties March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 38 of 59 date

Hearing Applicant & address

Certified Mail Return

Receipt No. _____________________

Re: Formal Hearing – Issuance and Civil Penalty Determination(s) of ___________________________________, Permit No. ____________

Dear ______________:

The formal hearing to review the issuance and civil penalty determination(s) of enter NOV/CO #s is scheduled for time on date . The public hearing will be held in Conference Room 219 of the Department’s Big Stone Gap office (Buchanan-Smith Building).

The hearing will be conducted pursuant to §45.1-246(C) of the Code of Virginia and §4VAC25-130-845.19(c) of the Virginia Coal Surface Mining Reclamation Regulations. ________________, Esquire shall serve as the Hearing Officer.

Please be advised of the following: 3) The agency will object to any request for continuance of the formal hearing, which is made within 10 days of the scheduled hearing date. 4) Each party needs to have a minimum of 3 sets (or 1 for each party and the Hearing Officer) of each exhibit it intends to place into the administrative record.

Should you have any questions in the meantime, please call me at (276) 523-8157.

Respectfully, name Legal Services Officer

c: Hearing Officer, Esquire AAG, Esquire Reclamation Inspector Other involved parties March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 39 of 59

SUBJECT TO ATTORNEY – CLIENT PRIVILEGE

FORMAL HEARING PREPARATION Applicant: Name address & telephone # Legal Counsel:

Request for formal hearing received from ________ on date to review the Division’s decisions concerning _____________________________________________________.

Permit No. __________ - Permittee and address

Location of Operation: _________________________________________, Virginia (_________ County)

Type of Operation: ____________________

Authorized Representative: ____________________________

Subject: summarize DMLR action being contested

Applicable Hearing: §4VAC25-130- (enter reg citation) of the regulations & §2.2-4020 of the Virginia Administrative Process Act.

Background

Date What happened this date

Applicable Regulations:

Insert applicable regulations that apply in this review.

DMLR prima facie case: March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 40 of 59 DMLR Witnesses: list and what each may testify to

QUESTIONS: In order to assist our preparations for the formal hearing, please review the above information and let the Hearings Coordinator know of any other information that may be useful, corrections needed, or any other relevant information. Also review and answer the following questions if familiar with this case. Your response should be sent to the Hearings Coordinator (G. Bledsoe) by date .

  1. What specific evidence should the DMLR put on?
  1. Who will be witnesses for the applicant? What will each likely testify to?
  1. What are our weaknesses in this case? strengths?

Weakness -

Strength -

  1. Are there any surprises we should anticipate from the other side?
  1. Any other comments/concerns relative to the issues?

March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 41 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VIRGINIA 24219

TELEPHONE: (276) 523-8157 NOTICE OF FORMAL PUBLIC HEARING Notice is hereby given that the Division of Mined Land Reclamation will hold a formal public hearing pursuant to §§45.1-249, 45.1-250(B), and 2.2-4020 of the Code of Virginia, as amended, and §4VAC25-130-843.16 of the Virginia Coal surface Mining Reclamation Regulations to review the issuance of enter enforcement action identification info (effluent discharge) to company name’s Permit No. __________.

The formal hearing shall be conducted on date at time at the Department’s Big Stone Gap office, Conference room 219.

Posted: date posted March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 42 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8157

SUBPOENA

Name Re: Permit No. _________ (Applicant) Action/decision being reviewed

versus

Department of Mines, Minerals and Energy Division of Mined Land Reclamation (Respondent)

To: Person being subpoenaed

Pursuant to §§ 2.2-4022 and 45.1-230(B)(1) of the Code of Virginia, you are hereby summoned to appear at the Virginia Department of Mines, Minerals and Energy’s Big Stone Gap office (located off U.S. Route 23, above Mountain Empire Community College, in the Buchanan-Smith Building) in Conference Room No. 219 at time on the ____ day of month & year, to testify on behalf of the Respondent.

Issued this ___ day of month & year by name Legal Services Officer Division of Mined Land Reclamation

Certification of Service: Service of this subpoena is hereby admitted by the * I certify that I served this subpoena on this date, delivery of a true copy to me this day of , year by personally delivering a , year copy to the named witness.

Signature Signature

Witness Title * This portion of the certification is not necessary if the person subpoenaed admits personal service.

March 2008Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 43 of 59

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8157

SUBPOENA DUCES TECUM

Name Re: Permit No. _________ (Applicant) Action/decision being reviewed

versus

Department of Mines, Minerals and Energy Division of Mined Land Reclamation (Respondent)

To: Person being subpoenaed

Pursuant to §§ 2.2-4022 and 45.1-230(B)(1) of the Code of Virginia, you are hereby summoned to appear at the Virginia Department of Mines, Minerals and Energy’s Big Stone Gap office (located off U.S. Route 23, above Mountain Empire Community College, in the Buchanan-Smith Building) in Conference Room No. 219 at time on the ____ day of month & year, to testify on behalf of the Respondent and to submit describe information that must be provided.

Issued this ___ day of month & year by name Legal Services Officer Division of Mined Land Reclamation

Certification of Service: Service of this subpoena is hereby admitted by the * I certify that I served this subpoena on this date, delivery of a true copy to me this day of , year by personally delivering a , year copy to the named witness.

Signature Signature

Witness Title * This portion of the certification is not necessary if the person subpoenaed admits personal service.

March 2008Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 44 of 59 date

Name of Person/legal Rep seeking to intervene & address

Re: Petition to Intervene - Formal Hearing – hearing applicant v. DMLR – Permit Application No. __________, Company name Permit No. ________

Dear ____________:

This is to acknowledge receipt of your date petition on behalf of party seeking to intervene to intervene in the aforementioned formal hearing scheduled for time on date . I am forwarding your petition to ___________________, Hearing Officer.

By copy of this letter, I am requesting Hearing Officer _________ to render his decision to grant or deny your petition for intervention, pursuant to §4VAC25-130-789.2 of the Virginia Coal Surface Mining Reclamation Regulations at the formal hearing of date .

Should you have any questions in the meantime, please let me know.

Respectfully,

Name

Legal Services Officer

c: Hearing Officer, Esq.

AAG, Esq.

Counsel for other parties, Esq.

March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 45 of 59 date

Hearing Applicant .

Certified Mail Return

Return Receipt No. _________________

Re: Final Formal Hearing Decision – Approval of Application #_____________, permittee name (Permit No. ____________)

Dear ___________:

I have caused an investigation to be made concerning the Division of Mined Land Reclamation’s approval of permittee name’s application for permit (#____________).

A formal public hearing was held pursuant to §4VAC25-130-775.11(b) of the Virginia Coal Surface Mining Reclamation Regulations and § 2.2-4020 of the Virginia Administrative Process Act at the Department’s Big Stone Gap office on date .

A copy of Hearing Officer name’s decision of date , is enclosed.

I hereby adopt _______________’s “Findings of Facts” and “Conclusions of Law”. I affirm (if modifying or vacating decision, need to provide justification & revise decision accordingly) that the Division’s decision to approve permit application number _________ for permittee name was proper and in accordance with the Virginia Coal Surface Mining Control and Reclamation Act of 1979, as amended, and the regulations promulgated thereunder.

Please be advised that any party adversely affected by this decision may request review and reconsideration under the administrative review process.

A written request for review and reconsideration must be submitted to my attention within fourteen (14) days from your receipt of this decision. Please be advised that no further evidence would be admissible in the review and reconsideration process.

Respectfully,

name

Deputy Director

c: parties to hearing March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 46 of 59 date

Hearing applicant & address

Certified Mail Return

Receipt No. ____________________

Re: Final Formal Hearing Decision – permittee name, Permit No. __________

Dear ___________:

On date , a formal public hearing was held at the Department’s Big Stone Gap office (Buchanan-Smith Building) to review the issuance of enter NOV/CO/RON #s or show cause order info. to company name ’s Permit No. _____________.

A copy of Hearing Officer ______________’s decision of date is enclosed.

I hereby adopt (if not adopting, need to explain how the Hearing Officer erred in his opinion & then provide basis for the final decision ) ________-’s “Findings of Facts” and “Conclusions of Law”. (If the decision is to modify or vacate the enforcement action, set out what the DMLR is required to do. If the enforcement action is affirmed include statement that action was proper per the regulations.)

Please be advised that any party adversely affected by this decision may request review and reconsideration under the administrative review process. A written request for review and reconsideration must be submitted to my attention within fourteen (14) days from your receipt of this decision. Please be advised that no further evidence would be admissible in the review and reconsideration process.

Respectfully,

name

Deputy Director

c:

AAG

DMLR Director

Other parties

DMLR staff involved in case March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 47 of 59 date

name Deputy Director Department of Mines, Minerals and Energy P. O. Drawer 900 Big Stone Gap, Virginia 24219

Re: Request for Review and Reconsideration - Formal Hearing Decision, company name & what decision is being appealed (e.g. NOV#, & Permit #)

Dear __________:

As provided by §45.1-250B of the Code of Virginia and §4VAC25-130-______ of the Virginia Coal Surface Mining Reclamation Regulations, on behalf of the Division of Mined Land Reclamation, I hereby request a review and reconsideration of the formal hearing decision of date.

Respectfully,

name

Director

c: list Parties, Esq.

DMLR counsel, Esq.

DMLR staff involved in decision March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 48 of 59 date

company/applicant rep & address

Certified Mail Return

Receipt No. __________________

Re: Request for Review and Reconsideration – Final Formal Hearing Decision, company name & what decision is being appealed (e.g. NOV#, & Permit #)

Dear ______________:

This is to acknowledge receipt of your request of enter date on behalf of company/person , for review and reconsideration of the formal hearing decision of date .

Deputy Director ___________ will review and reconsider the administrative record concerning the (DMLR action/decision that was the subject of the formal hearing) , relative to the formal hearing decision of date .

The parties have already been provided with the written transcript of the enter date of the formal hearing.

Please be advised that no further evidence would be admissible in connection with the Deputy Director’s review and reconsideration. The review will be limited to the administrative hearing record and any subsequent legal argument (oral and written) that the parties may wish to submit.

If the parties wish to submit written legal argument in support of their respective positions, please submit such to my attention by date .

If party requesting the review (or other parties to the matter) or the Division of Mined Land Reclamation wishes to present oral legal argument to Deputy Director _name_____, please let me know by date (please provide your available dates from date through date , so that I may coordinate scheduling such proceeding).

Deputy Director _________ anticipates rendering his decision within 30 days, unless as the moving party, you request additional time to submit written or oral legal argument.

March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 49 of 59 Should you have any questions or concerns regarding this matter in the meantime, please call me at (276) 523-8157.

Respectfully,

name

Legal Services Officer

c: Dep. Director AAG List parties appropriate DMLR personnel involved in case March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 50 of 59 date

party(ies) requesting review address

Certified Mail Return

Return Receipt No. __________________

Re: Hearing - Review and Reconsideration - company name & what decision is being appealed (e.g. NOV#, & Permit #)

Dear ______________:

A hearing will be conducted on date at time to allow you the opportunity to present written and oral argument in support of your position. (If this date is not convenient for you, please contact my office.)

The hearing will be held in Conference Room #____ of the Department of Mines, Minerals and Energy’s Big Stone Gap, Virginia office. The office is located off U.S. Route 23 and above the campus of Mountain Empire Community College.

In preparing for this hearing, your written and oral argument should address how you believe the Hearing Officer erred in rendering his legal opinion, relative to the statutory and regulatory requirements applicable to this matter.

Should you have any questions or concerns regarding this process in the meantime, please call me at (276) 523-8157.

Respectfully,

name

Legal Services Officer

c: Dep. Director AAG List parties appropriate DMLR personnel involved in case March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 51 of 59 date

Legal rep & address

Certified Mail Return Receipt No. ____________

Re: Review and Reconsideration Decision – company name & what decision is being appealed (e.g. NOV#, & Permit #)

Dear ________________-:

I have reviewed and reconsidered the final formal hearing decision of date , , concerning the (the decision/action that was reviewed) , Permittee/company Permit Number ____________.

I have reviewed the formal hearing administrative record and considered the oral arguments presented by the parties on date . No further evidence was admitted during this review and reconsideration.

The Division argued that the Hearing Officer’s decision should be (affirmed, modified, or reversed). Specifically, _________________.

Hearing applicant contended __________________________________.

I have considered the issue of whether the agency had the proper standing to request review and reconsideration. Since the Division of Mined Land Reclamation was a party to the administrative formal hearing, it had the right, pursuant to §§45.1-250(B) and 45.1-251(A) of the Code of Virginia, as amended, to exhaust the administrative remedies provided under the Act.

Therefore, I hold that the Division had the right to request review and reconsideration of the date decision.

Based upon my review of the hearing record, I cannot find that Hearing Officer name erred in his findings and ultimate recommendation. Therefore, I hereby affirm Mr. last name’s opinion and adopt the “Findings of Facts” and “Conclusions of Law” as set forth in his decision of date . The Division is hereby instructed to _________________________.

Pursuant to the Rules of the Supreme Court of Virginia (Rule No. 2A:2), any party aggrieved by this decision will have thirty days following service of this decision to file judicial March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 52 of 59 notice of appeal with this office. Since this decision is being sent to the parties by mail, three days are added to the thirty-day period.

Respectfully,

name

Deputy Director

c: DMLR Director

AAG

Parties to review DMLR personnel involved in case March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 53 of 59 date

Legal rep & address

Certified Mail Return

Receipt No. ___________________

Re: Review and Reconsideration Decision – enter action/decision under review, Company/Hearing Applicant name Permit No. ___________

Dear ______________:

I have reviewed and reconsidered the final formal hearing decision of date , concerning the enter action/decision under review, and applicable permittee, permit or application number.

I have reviewed the formal hearing administrative record ( and if applicable - and considered the oral arguments presented by the parties on date . No further evidence was admitted during this review and reconsideration.

The Division argued that the Hearing Officer’s decision should be (affirmed, modified, or reversed).

Party that requested review & reconsideration (if other than DMLR) contended that _____________________________.

Based upon my review of the hearing record, I cannot find that Hearing Officer _______________ erred in his findings and ultimate recommendation. Therefore, I hereby affirm (or if modifying/vacating the decision in whole or part, specifically state what is being done with justification) _______________’s opinion and adopt the “Findings of Facts” and “Conclusions of Law” as set forth in his decision of date .

The Division is hereby instructed to describe what action is required if the action/decision being reviewed is modified or vacated..

Pursuant to the Rules of the Supreme Court of Virginia (Rule No. 2A:2), any party aggrieved by this decision will have thirty days following service of this decision to file judicial notice of appeal with this office. Since this decision is being sent to the parties by mail, three days are added to the thirty-day period.

Respectfully,

name

Deputy Director

c: DMLR Director

AAG

Parties to review DMLR personnel involved in case March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 54 of 59 date party pursuing appeal & address

Certified Mail Return

Receipt No. _____________

Re: Notice of Appeal – Party/Plaintiff vs. Department of Mines, Minerals and Energy, Division of Mined Land Reclamation (decision/action/Permit#)

Dear __________:

The following materials have been collected or are being prepared for forwarding to the Circuit Court of ________ County once the Department receives the proper petition of appeal.

Please review this list and let me know if anything has been excluded from the administrative hearing record that you deem pertinent to your appeal.

Administrative Record Item

Notice of Judicial Appeal received by the Division of Mined Land Reclamation on date.

Letter from _________________ requesting a formal hearing concerning _____________ (received date).

Letter from the Division of Mined Land Reclamation acknowledging receipt of request for formal hearing (date).

Letter from the Division of Mined Land Reclamation scheduling formal hearing for date (date mailed).

Transcript (and exhibits) of formal hearing of date.

State’s Exhibit

Petitioner’s Exhibit

Final Formal Hearing Decision by Hearing Officer name affirmed by Deputy Director name (date).

Request from plaintiff for review and reconsideration (received by DMME-BSG date)

Letter from the Division of Mined Land Reclamation acknowledging receipt of request for review and reconsideration (date).

Letter from _______ requesting to present oral argument (received date)

Letter from the Division of Mined Land Reclamation scheduling review and reconsideration hearing for date (date mailed).

Transcript (and exhibits) of review and reconsideration hearing of date.

Review and Reconsideration decision by Deputy Director name (date) March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 55 of 59 Please review the above and let me know (in writing) by date, of any deficiencies you deem present in the administrative hearing record. Should I not receive any written notice of deficiencies from you by that date, I will assume that you have no disagreement with the record content.

Respectfully,

name

Legal Services Officer

c: Deputy Director

DMLR Director AAG Parties DMLR personnel involved in case March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 56 of 59 date

Name of Clerk.

Court Clerk of _______ County address

Hand Delivered , Virginia 24614

Re: Certification of Administrative Record - Petition of Appeal – name of Plaintiff vs.

Department of Mines, Minerals and Energy, Division of Mined Land Reclamation (Case No. _______________)

Dear ______________:

Pursuant to Section §45.1-251(A) of the Code of Virginia, and Rule 2A:3(b and c) of the Rules of the Virginia Supreme Court, as amended, I hereby certify that the enclosed material is the administrative record from which plaintiff’s name now appeals: Bates No.

Administrative Record Item 000001 Notice of Judicial Appeal received by the Department of Mines, Minerals and Energy (DMME) on date.

Petition for Appeal received by the DMME on date. date letter from ________________- requesting a formal hearing concerning _______________________ (received date).

Letter dated date, from the Division of Mined Land Reclamation (DMLR) acknowledging receipt of formal hearing request.

Letter dated date from DMLR scheduling formal administrative hearing for date.

Transcript (and exhibits) from date formal administrative hearing.

State’s Exhibit A – State’s Exhibit B – Petitioner’s Exhibit 1 – Petitioner’s Exhibit 2 – Letter dated date from DMLR to ________, Esq., transmitting copy of formal hearing transcript. date – opinion of Hearing Officer ______________- (received date).

March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 57 of 59 Bates No.

Administrative Record Item date – Final formal hearing decision by Hearing Officer _____________ as adopted by Deputy Director ________________ date letter from ________ requesting review and reconsideration of final formal hearing decision.

Letter dated date, from the DMME acknowledging receipt of request for review and reconsideration. date – Review and reconsideration decision by Deputy Director _______

Once the Court has completed the judicial review and rendered a decision, the Division would like to retrieve the administrative record materials. Please advise this office as to when we may pick up the administrative record.

Should you have any questions concerning this material, please contact me at (276) 523-8157.

Respectfully,

name

Legal Services Officer

c: plaintiff or counsel

Deputy Director AAG DMME personnel involved in case Other parties March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 58 of 59 date

CERTIFICATION OF DELIVERY

OF THE ADMINISTRATIVE HEARING RECORD

Case No. _________

I, name, Legal Services Officer for the Division of Mined Land Reclamation of the Department of Mines, Minerals and Energy, do hereby certify that the administrative hearing record concerning plaintiff name vs. Commonwealth of Virginia, Department of Mines, Minerals and Energy, Division of Mined Land Reclamation (Case No. _____) has been delivered to the Circuit Court of _________ County.

The Administrative record consists of a Notebook of materials -a. Cover letter of record contents. b. Petition of Appeal (Bates #000001 –). c. Notice of Appeal (Bates #) d. Hearing record (Bates # –).

Delivered by:

name, Legal Services Officer Department of Mines, Minerals and Energy Division of Mined Land Reclamation

Receipt of Record Acknowledgement:

I hereby acknowledge receipt of the aforementioned materials.

Print Name:

Title:

Signature:

Date and Time: March 2008 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Administrative Hearings Procedures Page 59 of 59 date

CERTIFICATION OF MAILING

OF THE ADMINISTRATIVE HEARING RECORD

Case No. ___________

I, name, Legal Services Officer for the Division of Mined Land Reclamation of the Department of Mines, Minerals and Energy, do hereby certify that the administrative hearing record concerning plaintiff’s name vs. Commonwealth of Virginia, Department of Mines, Minerals and Energy, Division of Mined Land Reclamation (Case No. _____________) is being sent by certified mail to the Circuit Court of __________ County this day.

The Administrative record consists of a Notebook of materials -e. Cover letter of record contents. f. Petition of Appeal (Bates #000001 –). g. Notice of Appeal (Bates #) h. Hearing record (Bates # –).

Attest:

name, Legal Services Officer Department of Mines, Minerals and Energy Division of Mined Land Reclamation

Commonwealth of Virginia County of Wise, to wit:

Acknowledged before me in my State and County aforesaid, this

day of , 20___.

Notary Public

My Commission expires:

Registration No.

Certified Mail Return Receipt Number: March 2008

Guidelines for Handling Waste Materials at Mine SitesDoc ID: DMM-M-93-01

Original: 324 words
Condensed: 324 words
Reduction: 0.0%

MEMORANDUM

TO:

MINERAL MINE OPERATORS

FROM:

CONRAD T. SPANGLER

SUBJECT:

WASTE MATERIALS BROUGHT ONTO MINE SITES

DATE:

JANUARY 25, 1993

Recently we have received several inquiries concerning waste and other materials being brought onto mine site for reuse, recycle, storage or disposal. These wastes range from clean soil or topsoil from a building site to regulated material such as contaminated soils, stumps and fly ash.

As you are aware, the operator of each permitted mine site must receive approval of the mine's Operations Plan, which details handling, storage, disposal and reclamation of any topsoil, overburden and waste. Therefore, bringing any outside materials onto the mine site without prior mining permit approval is a violation of the Operations Plan. Such violation will result in appropriate enforcement actions, which can include cessation of the activity and removal of the material from the mine site to a proper disposal area.

The permit information you must submit to the Division of Mineral Mining to apply to undertake these activities depend on the material being handled. If you plan to bring any outside material onto a mine site, you must describe the activity in the initial permit application, or for existing permits, in a request for amendment. Generally, the information required in the application or amendment request must include: (1) a physical and chemical description of the material; (2) a specific material handling plan, which details use, storage, placement, drainage control, closure and specific location affected; (3) a copy of the site specific permits, plans and correspondence from other state, federal , or local agencies having jurisdiction (e.g., Department of Waste Management, State Water Control Board, and county or city government).

Anyone considering an activity, which brings outside material onto a mine site, must contact the Division of Mineral Mining (DMM) and obtain approval in their permit prior to initiation of the activity. Inquires may be directed to your DMM Mine Inspector or to Mark Goff at 434-951-6313.

CTS:GEP/tlt

Virginia Coal Mine Advanced First Aid CertificationDoc ID: DM-C-AFA

Original: 445 words
Condensed: 380 words
Reduction: 14.6%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

ADVANCEDFIRSTAID

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Advanced First Aid This certification authorizes the holder to meet standards for emergency care in the coal mining industry required by §45.1-161.199.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ 24 hour Advanced First Aid course taught by an Advanced First Aid Instructor

NOTE: TRANSFER OF EMT/FIRST RESPONDER CERTIFICATION TO ADVANCED FIRST AID MAY BE ACCOMPLISHED BY: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Provide verification of valid EMT/First Responder certification issued by EMS-VA ƒ Attend 8 hours Advanced First Aid Reciprocity Training Course conducted by a DM certified Advanced First Aid Instructor ƒ Hold a General Miner Certification - Surface or Underground

EXAMINATION REQUIREMENTS: The examination for certification in Advanced First Aid requires a passing score of 80% on the written sections of the examination.

ELEMENTS OF EXAM NUMBER OF QUESTIONS Section 1 (F1) 20 ƒ Respiratory Emergencies, Respiratory System ƒ Introduction to First Aid ƒ Wounds

  • continued on back -

Revised 06/02/08ELEMENTS OF EXAM

NUMBER OF QUESTIONS Section 2 (F2)

20 Circulatory System ƒ Control of Bleeding ƒ Shock

Section 3 (F3)

20 Musculoskeletal System ƒ Abdominal Injuries

▪ Lower & Upper Extremities Injuries ƒ Chest Injuries

▪ Pelvic Injuries ƒ Dislocations

▪ Spinal Injuries ƒ Face & Throat Injuries

▪ Sprains ƒ Fractures

▪ Transporting Victims ƒ Head Injuries

Section 4 (F4)

20 Accidental Poisonings Environmental Emergencies ƒ Burns ƒ Cold Exposure ƒ Stings & Bites Emergency Rescue ƒ Electrical Circuits ƒ Hazardous Materials ƒ Irrespirable Atmosphere ƒ Machinery Entrapment ƒ Roof & Rib Entrapment Sudden Illness ƒ Diabetes ƒ Epilepsy ƒ Heart Attack ƒ Stroke

NOTE: Each student must successfully complete: ƒ Course in Cardiopulmonary Resuscitation (CPR) i.e., heart saver or other four-hour equivalent ƒ Practical examination which includes forearm, lower leg, spine board

RECOMMENDED REFERENCE/STUDY MATERIALS: ƒ American Red Cross - Emergency Response ƒ BCME Requirements

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 4 hours Advanced First Aid continuing education annually will update this certification.

Revised 06/02/08

Mineral Mine Accident Reporting GuidelinesDoc ID: DMM-M-01-99

Original: 2,122 words
Condensed: 1,873 words
Reduction: 11.7%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATION MEMORANDUM NO. 01-99 June 14, 1999

REFERENCE: Mineral Mine Safety Laws of Virginia, 1998 Edition—Section 45.1-161.292:52. Reports of other accidents and injuries.

A. Each miner employed at a mine shall promptly notify his supervisor of any injury received during the course of his employment.

B. Each operator shall keep on file a report of each accident including any accident which does not result in a lost-time injury. Copies of such report shall be given to the person injured or to his designated representative to review the accident report and verify its accuracy prior to filing such report for the review of state or federal mine inspectors.

Safety and Health Regulations for Mineral Mining 1998—Section 4VAC 25-40-10— Definitions.

"Occupational injury" means any injury to a mineral which occurs at a mine for which medical treatment is administered, or which results in death or loss of consciousness, inability to perform all job duties on any day after an injury, temporary assignment to other duties, or transfer to another job as specified in the 30 CFR Part 50.2.

Safety and Health Regulations for Mineral Mining 1998—4VAC 25-40-50—Duties of mine operators.

Reporting of accidents and injuries by the operator:

  1. Report any accident involving serious personal injury or death to any person on the mine property. The report shall be made to the division by the quickest available means, and the scene of the accident shall not be disturbed until an investigation is conducted by the division. For accidents where the injured person is transported to a hospital, but confinement is not expected, the operator may either preserve the scene or collect relevant physical data and photographs as specified by the division. The division shall be notified immediately upon learning that the injured person has been admitted to the hospital for medical treatment. Head injuries that result in loss of consciousness at the site shall be reported immediately.
  1. Keep on file a report of all accidents and occupational injuries occurring on the mine property for review by the division mine inspector. Such records shall be kept for five years.

INQUIRY: Mineral mine operators have posed questions regarding the accidents and injuries that must be reported and when and how these "other accidents and injuries" may be reported. It should be noted that this memorandum applies only to non-serious and non-fatal personal injuries.

Serious and fatal personal injuries must be reported to DMM immediately by the quickest available means. Communication Memorandum 1-98 provides information on reporting serious injuries.

1REVIEW: Section 45.1-161.292:52.A requires that all employees notify their supervisor of any injury received during the course of employment.

Section 45.1-161.292:52.B requires the operator to prepare a report of injuries and make them available to state and federal mine inspectors.

4VAC 25-40-50. specifies that the injuries that must be recorded are those that are occupational inmuries, and the records must be kept for five years

4VAC 25-40-10. defines occupational injuries as injuries that require medical treatment or result in death or loss of consciousness, inability to perform job duties, or transfer to other duties or jobs. The occupational injuries that are included are the same as those reported to the federal Mine Safety and Health Administration (MSHA) under 30 CFR Part 50.

"Operators" include both licensed mine operators and independent contractors, therefore these requirements apply to both types of operators.

This memorandum does not cover the reporting of serious and fatal personal injuries.

Operators are required to submit copies of their accident reports to DMM for use in completing the annual Risk Assessment Process as outlined in Section 45.1-161.292.55.

Medical treatment criteria are not defined in the mineral mining laws or regulations. The criteria for medical treatment found in 30 CFR Part 50 may be used to determine the difference between medical treatment and first aid.

Medical treatment injuries are generally reportable to other agencies as well as DMM.

DIVISION DIRECTIVE: Occupational injuries are reportable to DMM. Occupational injuries include those that require medical treatment. Medical treatment injuries are injuries that require some for of medical treatment beyond normal first aid. To assist in defining medical treatment injuries, the following examples may be considered. This list is not intended to be all inclusive and all medical treatment injuries, even if not on the list, must re reported.

  • Suturing or stitching of any wound. * Treatment of fractures by application of a splint, cast or other professional means of immobilization. * Treatment of an infection resulting from a work injury. * Treatment of a bruise by draining blood. * Surgical debridement or removal of foreign material and dead or contaminated tissue.

Minor excision of the outer layer of skin would not be included as surgical debridement. * Treatment of abrasions that are greater than full skin depth; abrasions into the underlying flesh or bone. * Treatment of second or third degree burns. * Use of prescription medicines except for a single dose or application for the relief of pain. * Injuries that cause lost workdays due to the victim's inability to perform a job function.

2 Medical treatment injuries must be reported to DMM as the accident reports are completed. This represents a departure from the current practice of providing accident reports with the Permit/License Renewal.

Medical treatment accidents may be reported to DMM on any of the various forms already used by operators to report injuries to other agencies. The Mine Accident Injury and Illness Report (MSHA Form 7000-1), the Employer's First Report of Accident (VWC Form No. 3) and the DMM Accident Report (DMM-104c) are acceptable forms for reporting medical treatment injuries. An operator may choose to develop and use his own form for reporting medical treatment injuries to DMM. Such a custom form should include, at a minimum, the following information:

  • Mine company name and mining permit number. * If the injurid party is an employee of an independent contractor, the contract company's name, DMM contractor number, and address and telephone number. * The injured party's name, social security number and age. * The date and time of the injury. * The injured party's regular occupation and the years of experience at that occupation. * The occupation the injured party was doing at the time of the injury. * The injured party's years of experience with the employer. * The injured party's total years of mining experience. * Location at the mine where the injury occurred (i.e., pit 1, mine shop, plant, etc.). * Equipment involved in the injury. * Parts of the body injured (i.e., right arm, hand, head, back, etc.). * The number of workdays lost as a result of the injury. * Provide a brief description of the accident that led to the injury and describe the injury.

Did an unsafe act or an unsafe condition cause the accident?

You are not required to report first aid injuries to DMM. First aid injuries are generally defined as injuries that require only limited nonprofessional treatment such as for minor cuts, scratches, abrasions, burns, and splinters, which do not ordinarily require medical care nor result in lost workdays.

ATTACH-MENT: *30 CFR Part 50 Section 50.20-3 *DMM Accident Report Form (DMM-104c)

3 30 CFR § 50.20-3—Criteria—Differences between medical treatment and first aid.

(a) Medical treatment includes, but is not limited to, the suturing of any wound, treatment of fractures, application of a cast or other professional means of immobilizing an injured part of the body, treatment of infection arising out of an injury, treatment of bruise by the drainage of blood, surgical removal of dead or damaged skin (debridement), amputation or permanent loss of use of any part of the body, treatment of second and third degree burns. Procedures, which are diagnostic in nature, are not considered by themselves to constitute medical treatments. Visits to a physician, physical examination, X-ray examinations, and hospitalization for observations, where no evidence of injury or illness is found and no medical treatment given, do not in themselves constitute medical treatment. Procedures, which are preventive in nature, also are not considered by themselves to constitute medical treatment. Tetanus and flu shots are considered preventative in nature. First aid includes any one-time treatment, and follow-up visit for the purpose of observation, of minor injuries such as cuts, scratches, first degree burns and splinters. Ointments, salves, antiseptics, and dressings to minor injuries are considered to be first aid.

(1) Abrasion. (i) First aid treatment is limited to cleaning a wound, soaking, applying antiseptic and nonprescription medication and bandages on the first visit and follow-up visits limited to observation, including changing dressing and bandages. Additional cleaning and application of antiseptic constitutes first aid where it is required by work duties that soil the bandage.

(ii) Medical treatment includes examination for removal of imbedded foreign material, multiple soakings, whirlpool treatment, treatment of infection, or other professional treatments and any treatment involving more than a minor spot-type injury. Treatment of abrasions occurring to greater than full skin depth is considered medical treatment.

(2) Bruises. (i) First aid treatment is limited to a single soaking or application of cold compresses, and follow-up visits if they are limited only to observation.

(ii) Medical treatment includes multiple soakings, draining of collected blood, or other treatment beyond observation.

(3) Burns, Thermal and Chemical (resulting in destruction of tissue by direct contact). (i) First aid treatment is limited to cleaning or fleshing the surface, soaking, applying cold compresses, antiseptics or nonprescription medications, and bandaging on the first visit, and follow-up visits restricted to observation, changing bandages, or additional cleaning. Most first degree burns are emendable to first aid treatment.

(ii) Medical treatment includes a series of treatments, including soaks, whirlpool, skin grafts, and surgical debridement (cutting away dead skin(. Most second and third degree burns require medical treatment.

(4) Cuts and Lacerations. (i) First aid treatment is the same as for abrasions except the application of butterfly closures for cosmetic purposes only can be considered first aid.

(ii) Medical treatment includes the application of butterfly closures for non-cosmetic purposes, sutures (stitches), surgical debridement, treatment of infection, or other professional treatment.

(5) Eye Injuries. (i) First aid treatment is limited to irrigation, removal of foreign material not imbedded in eye, and application of nonprescription medications. A precautionary visit (special examination) to a physician is considered as first aid if treatment is limited to above items, and follow-up visits if they are limited to observation only.

4(ii) Medical treatment cases involve removal of imbedded foreign objects, use of prescription medications, or other professional treatment.

(6) Inhalation of Toxic or Corrosive Gases. (i) First aid treatment is limited to removal of the miner to fresh air or the one-time administration of oxygen for several minutes.

(ii) Medical treatment consists of any professional treatment beyond that mentioned under first aid and all cases involving loss of consciousness.

(7) Foreign Objects. (i) First aid treatment is limited to cleaning the wound, removing of any foreign object by tweezers or other simple techniques, application of antiseptics and nonprescription medications, and bandaging on the first visit. Follow-up visits are limited to observation, including changing of bandages. Additional cleaning and applications of antiseptic constitute first aid where it is required by work duties that soil the bandage.

(ii) Medical treatment consists of removal of any foreign object by physician due to depth of imbedment, size or shape of object, or location of wound. Treatment for infection, treatment of a reaction to tetanus booster, or other professional treatment, is considered medical treatment.

(8) Sprains and Strains. (i) First aid treatment is limited to soaking, application of cold compresses, and use of elastic bandages on the first visit. Follow-up visits for observation, including reapplying bandage, are first aid.

(ii) Medical treatment includes a series of hot and cold soaks, use of whirlpools, diathermy treatment, or other professional treatment.

[42 FR 65535, Dec. 30, 1977; 43 FR 12318, Mar. 24, 1978]

For more information: See MSHA's Program Policy Manual

5 COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY DIVISION OF MINERAL MINING 900 Natural Resources Drive P.O. Box 3727 Charlottesville, VA 22903 (434) 951-6310

ACCIDENT REPORT

Company Name Permit No.

Accident Date Time Shift County Telephone No.

Contractor Employee: Yes No Contractor Name Contractor No.

Address Telephone No.

Type: Medical Treatment Serious Injury Fatal Name of Injured SSN Regular Occupation Total Experience Occupation at Time of Accident Experience Location of Accident: Mine/Pit Crushing/Processing Shop Load out/Stockpiles Other (specify) Type of Equipment Involved: Mobile Equipment Mine Drill Crushing Screening Conveyors Bins/Hoppers Walkways/Platforms/Ladders Welding/Cutting Hand tools Other (specify) Body Part Injured: Eyes Head Hand Arm Foot Leg Back Other (specify) Nature of Injury Brief Description of Accident ______

Preventive Measures Taken

Mine Inspector Completing Form Date Form Completed and Mailed DMM-104c

REV. 10/02

6

Electronic Blast Detonator System GuidelinesDoc ID: DMM-M-01-05

Original: 778 words
Condensed: 673 words
Reduction: 13.5%

MEMORANDUM

TO:

All Licensed Mine Operators and Blasting Contractors

FROM: ____________________________________________

Conrad T. Spangler, Division Director

SUBJECT: Electronic Blast Detonator Systems

DATE: March 28, 2005

The Department of Mines, Minerals and Energy, Division of Mineral Mining has become aware that blast initiation systems with electronic detonators are being used at a number of mines within the Commonwealth. There have been questions about how to apply Virginia’s requirements for shunting and circuit testing to electronic detonators.

Electronic detonator systems incorporate circuit testing by use of their unique blasting controllers. The means of shunting is provided by their design and constructional features.

We have developed Communication Memorandum 01-05 to assist mine operators and independent contractors in selecting electronic blast detonator systems that are accepted as complying with Virginia’s blasting rules.

If you have any questions about electronic blast detonator systems, the process for their approval for use in Virginia’s mineral mines, or Communication Memorandum No 01-05, you may contact your site mine inspector, Mark Goff or me at (434) 951-6310.

Enclosure

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATION MEMORANDUM NO. 01-05

March 28, 2005 _____________________________________________________________________

REFERENCE: 4 VAC 25-40-100 Employee Training

New or reassigned employees shall be trained in state and company safety regulations and shall be task trained prior to being assigned a task or duty. Records of training shall be kept in writing at the mine site for two years or for 60 days after termination of employment.

4 VAC 25-40-330 Proper Use of Machinery

Machinery and equipment shall be used only for the purpose and within the capacity for which they were intended and designed.

4 VAC 25-40-920 Electric Detonators

A. When electric detonators are used, an acceptable blaster’s galvanometer or blaster’s multimeter shall be used to test detonators, firing lines, series circuits, and total circuit resistance prior to firing.

B. Electric detonators of different brands shall not be used in the same blast, C. Except when being tested with an acceptable instrument:

  1. Electric detonators shall be kept shunted until they are connected into the series circuit;
  2. Series circuits shall be kept shunted until they are connected onto the firing line; and
  3. Firing lines shall be kept shunted until immediately before blasting.

D. Blasting machines or other acceptable power sources shall be suitable for the number of electric detonators to be fired and for the type of circuits to be used.

E. When electric detonators are used, sources of stray current to the blasting area shall be de-energized. Blasting activities shall be stopped immediately if stray current or static electricity in amounts sufficient to cause a premature detonation is encountered.

INQUIRY: Blast initiation systems with electronic detonators are being used at a number of mines within the Commonwealth. The Mine Safety And Health Administration (MSHA) issued “Program Information Bulletin P04-20” on September 27th, 2004 regarding the use and approval of certain electronic detonation systems.

REVIEW: The Division of Mineral Mining (DMM) has examined the characteristics of the electronic detonators that are currently being used, obtained input from the manufacturers of these systems, reviewed MSHA test reports and “Program Information Bulletin P04-20”, and considered the applicability of relevant DMM regulations to these electronic systems.

DIVISION DIRECTIVE: DMM will accept the systems that are currently approved under the MSHA “Program Information Bulletin P04-20” as being in compliance with its blasting regulations and suitable for use in the mineral mining industry within the Commonwealth. The Daveytronic® Digital Blasting System and the I-KON TM Digital Energy Controlled System are the two electronic detonator systems that have been evaluated and determined to comply with MSHA’s standards.

In accordance with 4 VAC 25-40-100, personnel involved in the use of these systems must be properly task trained.

In accordance with 4 VAC 25-40-330, the systems must be used in accordance with the manufacturers’ recommendations, and with the dedicated hardware and software associated with each of these systems.

In accordance with 4 VAC 25-40-920:

  • The test hardware and software associated with each of these systems provide the equivalent functionality of a blaster’s galvanometer or blaster’s multimeter, and are considered suitable for detonator and circuit testing.
  • Based on their design, these electronic detonators are considered to be shunted according to the approval and manufacturer’s recommendation as approved in the MSHA “Program Information Bulletin P04-20”.
  • Firing lines must remain shunted unless required for programming, testing, or initiation.

As additional electronic detonation systems are evaluated and approved by MSHA, operators intending to use the systems must notify the Division of Mineral Mining before the systems are used in Virginia’s mines. The DMM will evaluate the systems and determine whether such systems are suitable prior to use in the mineral mining industry within the Commonwealth.

Water Rights and Supply Replacement ProceduresDoc ID: DMLR-P-3304

Original: 1,135 words
Condensed: 825 words
Reduction: 27.3%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.04

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Water Rights and Replacement

Section

Reclamation Services

Last Revised 10/-1/98

OBJECTIVE AND INTENT :

To ensure the Field Inspector properly and timely responds and handles (within the Division’s jurisdiction) situations where a water supply of a property owner is alleged to have been adversely affected by contamination, diminution, or interruption proximately resulting from a coal surface mining operation.

GENERAL :

45.1-258(A) of the Act and 4 VAC 25-130-816.41(h) of the regulations - provide that any person who conducts coal surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities.

In 1993, the Act was amended (45.1-258.B) to include any drinking, domestic, or residential water supply adversely affected by underground coal mining operations conducted on or after October 24, 1992. Amendments to the regulations, effective December 24, 1997, gave rise to 4 VAC 25-130-817.41(j) and the definition of “Replacement of water supply” under 4 VAC 25-130-700.5.

The Division will utilize the baseline hydrologic information required by 4 VAC 25-130-780.21, 4 VAC 25-130-780.22, 4 VAC 25-130-784.14, and 4 VAC 25-130-784.22 of the regulations and any other relevant information obtained during its investigation to determine the extent of impact a coal mining operation may have had upon the ground and surface waters.

The Division will determine whether the current water quality and quantity is equal to or better than the original water supply.

Contamination, Diminution, or Interruption:

The Inspector will coordinate the water loss or degradation complaint investigation with the Technical Section (per Procedure #3.1.06) when he or she suspects that the water supply may have been adversely affected by the mining operation.

During the initial complaint investigation, the Inspector should inform the company of the remedial actions and abatement time frames which may be considered should the Division’s investigation ultimately determine that the mining operation adversely impacted the water supply.

Should the Division determine that the mining operation adversely affected a water supply covered under the Act and regulations, the Reclamation Program Manager-Technical or Reclamation Services Manager would issue a water replacement order, sent by certified mail1 to the company with copy to the affected water supply user. The order would:

  • require the company to permanently replace the impacted water supply by a set abatement date with a 1 Or by electronic mail, if the permittee has agreed to accept service of mail by this method. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.04

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Water Rights and Replacement

Section

Reclamation Services

Last Revised 10/-1/98 quality and quantity of water as good or better than the pre-mining supply.

  • inform the company that the duration of the water replacement supply shall be the same as if no mining had occurred.
  • require the company to take interim steps to temporarily replace the impacted water supply and demonstrate the initiation of actions to permanently replace the supply.

The Division has generally set an abatement period of 21 days for permanent replacement and 5 working days for the interim steps. The abatement period would commence upon the company’s receipt of the water replacement order. The order shall also inform the company of its right to seek administrative review.

The coal company may request additional time for permanent water replacement provided:

  • temporary water replacement has been supplied to the citizen.
  • the citizen has been advised of the company’s request for an extension of time.
  • the company has supplied the Division with documentation that it is negotiating in good faith with the citizen to come to a mutually agreeable resolution of the water situation.

After due consideration of this information, the inspector may extend the water replacement order in a follow-up complaint investigation report.

Should the company fail to comply with the water replacement order or seek timely administrative review, the Inspector shall issue appropriate enforcement action per Procedure #3.3.01.

Termination of a Water Replacement Order:

The Inspector will terminate the water replacement order when the company and citizen are able to reach an agreement on the replacement water supply or on compensation for the water supply.

However, should the parties be unable to reach an agreement on replacing the water supply, the agency must determine whether the water replacement order should be kept in place or terminated. The Inspector, with assistance from the technical section, will contact the:

  • citizen to determine what the person believes is necessary for the supply to be replaced.
  • company to determine what remedies the company is offering the citizen.

The Inspector and appropriate technical staff will continue to assist the citizen and company in their efforts to reach an agreement that is reasonable and in accordance with the regulations.

Should the parties be unable to reach an agreement, the Inspector will advise the company that it must construct an offer that complies with the “Replacement of water supply” definition at 4 VAC 25-130.700.5. The company’s offer to replace the water supply or compensate the complainant:

  • could guarantee payment or compliance over a period of time (i.e., twenty years, thirty years or another appropriate term). 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.04

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Water Rights and Replacement

Section

Reclamation Services

Last Revised 10/-1/98

  • may be an annuity that pays monthly payments, as well as any one-time capital costs (such as, but not limited to well drilling, public water hookups, one-time pump replacement, etc.).
  • should allow for inflation.
  • should include documentation that the projected costs are verified by an independent party. (Examples
  • a local Public Service Authority could provide monthly water usage costs and hookup charges; an electric utility company could provide electric usage rates; and a contractor could provide cost estimates on well drilling and construction.)

Payment should be in the form of an annuity to be paid by a financial institution, or an insurance policy that has the appropriate payout provisions. (The Division may consider other payout options proposed by the company.)

The Inspector and appropriate staff will review the offer to ensure it meets the requirements of the water replacement regulations. Once the offer meets the regulatory requirements (costs are verifiable and the offer has guaranteed payment provisions), the Inspector would notify the citizen (by follow-up complaint investigation report) that the offer would satisfy the water replacement order. The Inspector would then:

  • terminate the water replacement order.
  • provide the complainant with a copy of the termination action.
  • inform the complainant of the right to request administrative review of the Division’s decision under 4 VAC 25-130-842.15 of the regulations. 3

Blaster Certification and Safety GuidelinesDoc ID: DMLR-M-9-92

Original: 253 words
Condensed: 236 words
Reduction: 6.7%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 9-92 Issue Date: April 21, 2008 Subject: DMLR Blasters Endorsement Certification (issued 12/1/92, updated 10/1/01 and 04/21/08)

Effective January 1, 1993, the Division of Mines (DM) began processing and issuing original applications and renewals of coal surface mine blaster certifications. DM also began conducting endorsement training and tracking all data and information related to the certification and endorsement procedures.

DMLR continues to issue the blaster endorsement certifications and enforce blasting enforcement standards (including suspension or revocation of the endorsement certification, as needed).

Function Contact Telephone Applications, Renewals, & general certification information DM –Regulatory Boards Administrator (276) 523-8234 DM Training & DMLR Endorsement training DM –Coal Mine Safety Engineer (276) 523-8231 Blaster violation history, suspension/revocation procedures DMLR –Training Coordinator (276) 523-8191 ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Permit Application Submission ProceduresDoc ID: DMLR-G-20-07

Original: 639 words
Condensed: 575 words
Reduction: 10.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 20-07 Issue Date: November 28, 2007 Subject: Permit Applications - Submittal of Corrections, Description of Attachments, and File Path Lengths

This memorandum describes new procedures designed to expedite DMLR’s review of permit applications. Specifically, it provides direction for submitting corrections, standards for the description of attachments, and limitations on file path lengths. Companies should begin using these processes immediately.

Submittal of Corrections

Any corrections and/or responses to a DMLR reviewer’s comments will only be accepted after DMLR has completed its current review and the application has been returned to the permittee or consultant for additional information. Corrections and responses will not be accepted while the application or subsequent submittal is being reviewed and considered by the DMLR’s staff. This will avoid confusion and ensure that the application is being reviewed in an orderly and efficient manner.

After receiving the application back with the DMLR comments, the permittee or consultant can make the corrections at his/her office or at the DMLR office utilizing his/her own computer or the computer in the Customer Assistance Center (if available). Once the necessary information has been furnished and comments addressed, the permittee/consultant may return the application for further review. The corrections and responses may be submitted to the DMLR’s Big Stone Gap office by returning the application on compact disc (CD) or through the DMME’s ftp site (ftp://mail.dmme.virginia.gov/ep/dfile/). Corrections submitted on paper must be submitted to the DMLR’s office.

Description of Attachments

Where items in the electronic permit application require an attachment, the description section should include the name of the attached item and the application number (e.g. Operations Narrative-1009999, DMLR-PT-034D-1009999). By using this type of description, the DMLR reviewer will be able to select the appropriate attachment for review. However, do not change

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."the application number on an existing document unless it has been modified for the current application being submitted.

File Path Lengths

When attachments are made to an electronic permit application, the file path name should be limited to thirty-six (36) characters or less. Items with a longer file path will not open in the DMLR in-house version of the electronic permit application.

It is recommended that abbreviations be utilized to assist in shortening the file path name (e.g., Sediment Basin Design Sheet Pond Number 001-1009999 could use Sed Bsn Desn Pond 001-1009999). To check the length of a file path name for an attachment, click the Attachments button on the bottom left of the electronic permit application screen, and scroll down the list under the “Status” column. If the attachment name is longer than 36 characters, the Status indicator will contain an “L” followed by the total number of characters in the file path name (e.g. OK-L41). If that occurs, the file path name should be shortened to no more than 36 characters prior to submitting to DMLR. However, do not change the application number on an existing document unless it has been modified for the current application being submitted.

Should you have any questions regarding this guidance memorandum, please contact the DMLR Reclamation Program Manager at (276) 523-8160.

NPDES Permit and Fee GuidanceDoc ID: DMLR-G-25-08

Original: 943 words
Condensed: 868 words
Reduction: 8.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 25-08 Issue Date: June 24, 2008 Subject: NPDES Permit and Anniversary Fees

§45.1-254 of the Code of Virginia was amended by Chapter 275 of the 2008 Acts of Virginia General Assembly to require, beginning July 1, 2008, the assessment of a $300 permit application fee and anniversary fee in the same amount for each discharge outfall subject to the National Pollutant Discharge Elimination System (NPDES) permit under the Virginia Coal Surface Mining Control and Reclamation Act of 1979, as amended. This memorandum provides guidance for the assessment and payment of NPDES permit application and anniversary fees.

The procedure for determining the appropriate NPDES permit fees will depend on whether an electronic permit (EP) application is involved -

o Fees for permits in “Active” (A) status will be assessed during the EP process for new permit applications, revision applications adding new NPDES outfalls, permits applying for CSMO/NPDES renewal, and permits submitting anniversary reports.

o NPDES fees for permits in “Completed” status2 will be assessed during the EP review process at NPDES Only Renewal. In between NPDES permit renewals, the Division will notify the permittee by letter or e-mail of the applicable fee amount based on the number of discharge outfalls existing on the permit’s NPDES anniversary date.

o Fees for either of the above scenarios will be assessed by the number of outfalls listed in the permit on the anniversary date of the permit or the date fees are requested on the application (renewal or anniversary report), which ever comes first.

For EP applications, the NPDES permit fees will be determined after the application has been technically approved and will be based upon the final discharge outfalls listed in Section 5.15 of the EP.

The DMLR Permit Review Specialist will inform the permittee/consultant of the applicable NPDES fees, CSMO permit fees3, and performance bond amounts in a “bond and fees” letter. The letter will include the date that payment must be submitted to the Division.

Electronic Applications

1 This Memorandum is to be considered guidance issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 Either completion report (CR) or completion letter (CL) submitted. 3 Fees are set out in §4VAC25-130-777.17 GUIDANCE MEMORANDUM1 No. 25-08 Issue Date: June 24, 2008

Subject: NPDES Permit and Anniversary Fees

Page 2 of 2

Each NPDES discharge outfall listed in Section 5.15 of the EP will be assessed the NPDES fee, whether constructed or not. Therefore, if the applicant/permittee decides a particular outfall will not be constructed, that outfall may be deleted by revision application (prior to renewal or anniversary date) by designating an action code “D” beside the outfall listed in Section 5.15. The application should also include a revised drainage control plan in Section XII (12), explaining how drainage will be controlled in the area that was to be monitored by the outfall point

A constructed NPDES discharge outfall must be deleted by an Inspector’s Plan Modification once the structure it is associated with has been physically removed. The constructed outfall may not be deleted in the permit renewal application or anniversary report process. It takes a short period of time from receipt of the Inspector’s Plan Modification to delete a NPDES outfall and update the Division’s electronic records.

The outfalls deleted by Plan Modification but included in the EP data dump should be removed from the Section 5.15 listing by deleting the entire monitoring point record (i.e., an action code “D” should not be included for these outfalls). A narrative explaining deletions of “not constructed” outfalls and monitoring point record removal (due to approved Plan Modification) must be attached in Section

  1. 15.

An updated NPDES Application form (DMLR-PT-128) is not required for an anniversary report.

Completed Permits at NPDES Anniversary

For permits in a completed status (see footnote #2), no anniversary report is required. The Division will notify the permittee by letter or e-mail of the applicable fee amount based on the number of discharge outfalls existing on the permit’s NPDES anniversary date. The letter or e-mail will list each discharge outfall being assessed.

Any outfall that has not been constructed upon submittal of a Completion Report should be deleted in the Completion Report application. This should be accomplished by including an action code “D” for each outfall not constructed at that time.

If the permittee believes an outfall was incorrectly listed4, a request to reconsider the listing and any documentation confirming the outfall’s deletion may be submitted to the Division’s Permit Review Specialist. Any request for reconsideration must be reviewed and approved by signature of the area inspector. Based upon the information received and verification, a revised letter or e-mail would be sent to the permittee that lists the appropriate outfalls, NPDES fees, and date payment of fees must be submitted to the Division.

Should you have any questions regarding this guidance memorandum, please contact the DMLR Reclamation Program Manager at (276) 523-8160. 4 That is prior to the anniversary date; an outfall was deleted by the Inspector’s Plan Modification.

Guidance on Measuring Water Levels in Monitoring WellsDoc ID: DMLR-G-24-08

Original: 430 words
Condensed: 401 words
Reduction: 6.7%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 24-08 Issue Date: May 9, 2008 Subject: Clarification of “Depth to Water” for Ground Water Monitoring Wells

For the purpose of consistency in DMLR databases, “Depth to Water” / “Static Water Level” as reported on Ground Water Monitoring Report (DMLR-PT-101), Ground Water Baseline Data Summary (GWB-034D), and Well Construction Data Sheet (WCD-034D) should be measured from an established measuring point down to the water level.

A standard method for an established measuring point is a permanent mark on the well casing that is used as a reference point from which readings are made. The point should be clearly marked so that a person who has never measured the well can easily locate it. This established measuring point should be a surveyed point on the top of the well casing, not the well protector, and should be reported as the “Top of Casing Elevation” on the Well Construction Data Sheet (WCD-034D).

If any wells have been measured from the ground surface in the past, the permittee should note this along with the casing height above ground surface at the next submittal of ground water monitoring data. At this submittal, permittees should note whether their previous measurements were from the top of casing or from the ground surface. For any monitoring points previously measured from the ground surface, include a list of these monitoring points and associated MPID numbers.

Effective June 1, 20082 all wells must be measured from the top of casing as noted above. Wells measured from the ground surface will have their data returned to be corrected to the top of casing depth.

Should you have any questions regarding this guidance memorandum, please contact the DMLR Reclamation Program Manager at (276) 523-8179. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 Measurements taken prior to this date for the reporting quarter should be adjusted accordingly.

Guidelines for Mine Explosion and Fire ResponseDoc ID: DM-G-16177

Original: 281 words
Condensed: 198 words
Reduction: 29.5%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 7

MINE EXPLOSIONS; MINE FIRES;

ACCIDENTS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.77. A.

Reports of Explosions and Mines Fires

Appropriate Procedure Following Face Ignitions:

It is essential that appropriate action be taken at a mine following the occurrence of a methane ignition. The regulatory requirement to preserve the scene in order to perform an effective investigation must be weighed against the need for miners and the operator to control the potential hazards associated with and following an ignition. The following procedures should be promoted and are acceptable to DM in controlling the scene following an ignition. The procedures are not considered as altering the scene of an accident or hindering the investigation of the accident.

For Continuous Mining Sections

  • Upon detection of an ignition, promptly extinguish the flame
  • After extinguishing, back the continuous mining machine outby to the location that the ripper head will be at the third outby row of permanent support
  • De-energize power to the machine
  • Wet down the mine floor, face, and rib areas thoroughly
  • Monitor area until the investigation is started
  • Improve ventilation as necessary
  • Search for fire

For Longwall Sections

  • Upon detection of an ignition, promptly extinguish the flame
  • After extinguishing, move the shear or plow a full shear’s or plow’s length from the ignition area
  • De-energize power to the longwall system
  • Wet down the mine floor and face areas thoroughly
  • Monitor area until the investigation is started
  • Improve ventilation as necessary
  • Search for fire

The MSA under Section 45.1-161.78A requires that an ignition be reported to DM as an accident, and investigated promptly.

Guidelines for Coal Removal in Construction ProjectsDoc ID: DMLR-G-36-11

Original: 2,616 words
Condensed: 1,914 words
Reduction: 26.8%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 36-11 Issue Date: September 16, 2011 Subject: Coal Removal from Government Financed Construction Projects

The Department of Mines, Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR), and Division of Mines (DM) have developed these guidelines to assist the regulatory determination process regarding the removal of coal that may be associated with a government financed construction project. Throughout this document, the term “Project” applies to any site classified or eligible for classification as a government financed construction project.

For coal mining operations, DMLR regulates the environmental and public health and safety aspects and DM regulates the worker safety aspects.

DMLR issues permits and inspects coal mining and associated operations under the Virginia Coal Surface Mining Control and Reclamation Act of 1979 as amended.

DM issues mine licenses and inspects coal mining operations under the Coal Mine Safety Laws of Virginia, as amended. The Coal Mine Safety Act of Virginia, defines “mine” under § 45.1-161.572, and requires that a mine license be obtained prior to the “operation of a mine”.

In accordance with the Virginia Coal Surface Mining Control and Reclamation Act of 1979 (Act), Coal Mine Safety Act, and the Virginia Coal Surface Mining Reclamation Regulations, ( 4VAC25-130) anyone that conducts surface coal mining and reclamation operations must first obtain a surface coal mining permit from DMLR and mine license from DM; however, there are exceptions to those requirements.

§4VAC25-130-700.11(a) (3) of the Virginia Coal Surface Mining Reclamation Regulations provides an exemption for, “The extraction of coal as an incidental part of Federal, State or local government-financed project or other construction in accordance with Part 707.” A government-financed project would qualify for a Government Financed Exemption (GFE). 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 “Mine” means any underground coal mine or surface coal mine. Mines that are adjacent to each other and under the same management and which are administered as distinct units shall be considered as separate mines.

A site shall not be a mine unless the coal extracted or excavated there from is offered for sale or exchange, or used for any other commercial purposes. The area in which coal is excavated under an exemption to the permitting requirements of § 45.1-234 shall not be a mine.

GUIDANCE MEMORANDUM No. 36-11 Issue Date: September 16, 2011

Subject: Coal Removal from Government Financed Construction Projects Page 2 of 6 In order to make a determination that a Project is exempt from both the DMLR and DM permitting and licensing requirements, certain information must be submitted for evaluation. DMLR, in consultation with DM, will take the lead in determining whether an exemption is applicable.

Procedures for Determining Regulatory Requirements

DMLR will exercise its authority under §4VAC25-130-700.11 (b) in the review of a proposed GFE project. The regulation provides, “The division may on its own initiative and shall, within a reasonable time of a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under this section. The division shall give reasonable notice of the request to interested persons. Prior to the time a determination is made, any person may submit, and the division shall consider, any written information relevant to the determination.”

Upon notice of an existing or proposed project (whose construction activities may result in coal removal), DMLR will initiate a review under §§4VAC25-130-700.11 (a)(3) and (b) and 4VAC25-130.707.11 of the GFE project, relative to the areas of coal removal that are or will be associated with the construction project.

Under these guidelines, the Project construction area is considered to be the area inside the right-of-way or the Project’s boundaries, including service roads, equipment staging areas, access and exit ramps, intersections with other projects, as well as any waste and borrow areas needed for construction.

Any areas where coal removal is proposed that are beyond the project construction area will not be eligible for the GFE and will be subject to the normal permitting and licensing requirements of DMLR and DM.

DMLR Initiates Exemption Determination Process

A Field Inspector may come upon a construction Project, which may plan to remove or is removing coal. If the extraction of coal is incidental to a government financed construction project, it is exempt from the coal surface mining regulatory program as long as the operations comply with the terms and conditions of the GFE Project.

When finding a GFE Project that is not under a DMLR permit, or has not obtained an exemption determination, the Inspector will initiate an inspection of the site to determine whether the project is exempt from the Act. This will be done in coordination with DM to determine whether a mine license application for the site has been submitted or is required.

Whenever the GFE Project removes more than 250 tons of coal, certain documents must be maintained at the Project site. The documents should include the information required by 4 VAC 25-130-707.12 of the regulations.

In reviewing the Project information, the Inspector will focus on the documents which:

  • Describe the construction Project;
  • Set forth the exact location of the construction, right of way, or boundaries of the area which will be directly affected by the construction;

GUIDANCE MEMORANDUM No. 36-11 Issue Date: September 16, 2011

Subject: Coal Removal from Government Financed Construction Projects Page 3 of 6

  • List the government agency which is financing the Project (noting the kind and amount of public financing, and the percentage of the entire construction costs represented by government financing);
  • Identify the government agency contact person; and,
  • May indicate the anticipated amount of coal which may be removed during the Project; whether such coal would be commercially sold; and whether the coal removal is necessary for the Project completion.

The Inspector will contact the person representing the government financing authority for verification of the information and to ensure any coal extraction does not go beyond the scope of the Project. The Inspector will monitor the Project at least monthly to verify that the operation continues to meet the exemption criteria. These reviews will be documented in an inspection report.

If the Inspector’s investigation reveals that the construction company’s coal extraction is no longer exempt, appropriate enforcement action will be initiated to cause the immediate cessation of coal removal (until a mine license is issued by DM and a DMLR permit is approved under the Act) or to require the reclamation of disturbed areas in accordance with the Act.

Request for Exemption Determination Submitted to DMLR Upon receipt of a GFE determination request, the DMLR’s Reclamation Program Manager (RPM) will -

  1. Determine whether the request is complete.
  1. Notify the area Inspector and Supervisor of the proposed project. The Inspector will submit data, any pictures documenting the proposed Project site, and/or investigation report(s) to the RPM. The investigation report(s) will include the Inspector’s finding or recommendation as to whether the site meets the exemption criteria.
  1. Determine whether additional information is necessary from the party requesting the

GFE.

  1. Notify the Division Director, Reclamation Services Manager, Chief Engineer, OSM, and other interested parties (including appropriate government agencies) of the request.
  1. Provide written notice of the DMLR’s intent to consider the GFE request to all parties with an identified interest in the exemption determination (this may include state and local agencies, appropriate planning districts, the mineral owner(s), the surface owner(s), the state OSM field office, the site contractor, utilities, or others). This notice will allow a person with a valid legal interest to submit written comments or concerns to the DMLR Director or RPM within a reasonable time period (usually within 15 workdays, unless unique circumstances require an extended period).
  1. Evaluate comments submitted from DM and any interested parties.

GUIDANCE MEMORANDUM No. 36-11 Issue Date: September 16, 2011

Subject: Coal Removal from Government Financed Construction Projects Page 4 of 6

  1. Review Project documentation or reports provided by the funding agency().
  1. Evaluate any additional information that may be requested from any involved party or determine whether additional field investigation by the Inspector may be necessary.
  1. Work with the Project applicant and/or DMLR staff to prepare an “engineering necessity determination.

10. Designate a team to review the GFE request, which will review the request, all applicable data, visit the site if necessary, and provide comments on the Project. The team may collect any available data not already provided that would assist the exemption eligibility determination, such as –

a. Documentation of the site conditions. b. Amount of government financing (and type). c. Projected cost of the GFE Project. d. Whether the government authorization has been given to proceed with the Project. e. The amount of coal to be removed during the Project term; where the coal will be sold; whether coal removal meets the engineering necessity for the Project; and whether the coal is located within the Project’s boundaries.

Based upon the available information, the team will provide the RPM with its determination as to whether an exemption is warranted.

11. Once the necessary information is received from the team and reviewed, prepare a written decision concerning the GFE request.

Exemption Determination

After determining whether the GFE is warranted, the RPM will summarize the agency’s decision for the Division Director’s signature. In the event the proposed Project is determined to not be exempt from the Act, the applicant will be required to obtain a coal surface mining permit under the Act (and any other necessary federal and State permits/licenses) for the site prior to any activity to facilitate or cause coal removal.

The GFE determination letter will be sent by mail or electronic media to the applicant with a copy sent concurrently to each interested party.

GUIDANCE FOR EXISTING DMLR PERMITS

When land disturbances for construction activities and/or coal extraction incidental to any GFE Project is proposed on an existing DMLR permit, the procedures and guidelines described in the table and narratives below will apply.

GUIDANCE MEMORANDUM No. 36-11 Issue Date: September 16, 2011 Subject: Coal Removal from Government Financed Construction Projects Page 5 of 6

The DMLR must make its determination that the Project is exempt and release the permit or applicable permitted areas prior to disturbance of those Project areas. An existing DMLR permit may be utilized under the Project at different stages of the permit. For example, the permit may be at the status where it has been approved with boundaries established but mining has not yet started; active mining may be underway on the permit; or the permit may be in the process of reclamation or has reclamation completed. These various operational statuses will require a different series of DMLR administrative processes for release of the permit or applicable permitted areas prior to Project disturbances.

Revision Modification to Post Mining application to OPERATIONAL STATUS Modification to reclamation/draina Land Use release PRIOR TO PROJECT mine plan will ge control plans Change will be area/bond DISTURBANCE be necessary. will be necessary. necessary. submitted to DMLR. 1 Permit area approved X but mining not started. 2 Permit area being X X X X actively mined. 3 Permit area being X X X actively reclaimed. 4 Permit area reclaimed X X and waiting for bond release. 5 Underground mining X areas (PMU) to be encountered.

Operational Status 1 – Permit area approved but mining not started

Acreage may be deleted by a revision without public participation. The permittee should allow 30 days for the application review and approval process. Bond adjustment may be necessary to the permit due to acreage deletion. Operations and drainage control plans will need to be reviewed but may not need to be changed due to the acreage deletion.

Operational Status 2 – Permit area being actively mined

Acreage cannot be deleted until modifications to the operations, reclamation, and post mining land use plans are approved and implemented. The modifications will be made via revision applications that will require public participation. The permittee should allow 180 days for the application review and approval process.

Operations could receive an extension on contemporaneous reclamation timeframes to allow for time to modify permit and for Project construction to approach.

If the active mining operations within the Project corridor were taken over by the Project and information supplied to document GFE, acreage could be deleted by the same processes as in situation 1, but the existing DMLR permit would still need a revision(s) to re-organize operations, drainage, and reclamation plans.GUIDANCE MEMORANDUM No. 36-11 Issue Date: September 16, 2011

Subject: Coal Removal from Government Financed Construction Projects Page 6 of 6 Operational Status 3 – Permit area being actively reclaimed

Acreage cannot be deleted until reclamation and post mining land use changes are approved and implemented. The modifications will be made via revision application that will require public participation. The permittee should allow 180 days for the application review and approval process.

Operations could receive an extension on contemporaneous reclamation timeframes to allow for time to modify permit and time for Project construction to approach.

Operational Status 4 – Permit area reclaimed and awaiting bond release

Acreage cannot be deleted until post mining land use changes are approved. Bond release applications and land use revisions will require public participation. After post mining land use changes are approved, and in order to expedite the release of the site, the permittee should submit the bond release application up to 90 days prior to the Project construction encountering the permitted area.

Operational Status 5 – Underground mining areas to be encountered

Deletion of underground mining areas and modification to underground mining plans will be necessary via revision application. The application should not require public participation. The permittee should allow 30 days for the application review and approval process.

Exemption Approval/Inspection

If the Project is deemed exempt, the Inspector will conduct monthly inspections of the site to verify that the Project is being conducted in accordance with §§4VAC25-130-707.11, 4VAC25-130-707.12, and the exemption justification submitted to and approved by the DMLR. The Inspector will -

  • Document the site conditions (mining equipment present and areas of coal removal) and summarize the Project’s progress (i.e., cost, amount and type of government funding, total tonnage of coal removed, and revenues received from the sale of the coal).
  • Respond to citizen complaints concerning the Project. The Inspector may relay the complaint or refer the complainant to the funding agency (ies).
  • Report to the RPM any instance where the site activities or conditions appear to be inconsistent with the GFE determination.

Should the Inspector determine that coal removal at the site has exceeded the limits anticipated in the GFE determination, and coal removal is not an engineering necessity for the Project (assistance may be obtained from the Chief Engineer, or other DMLR/DM technical personnel), immediate action to halt the coal removal operation will be taken.

Final Inspection - The Inspector will conduct a close out inspection of the Project once coal removal is completed. The inspection report will document the total Project cost, amount of public financing, and the total revenues received from the coal removed.

Surface Facilities Foreman Certification RequirementsDoc ID: DM-C-SFF

Original: 320 words
Condensed: 287 words
Reduction: 10.3%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

SURFACEFACILITIESFOREMANFORSHOPS,LABS

ANDWAREHOUSES

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Surface Facilities Foreman For Shops, Labs & Warehouses This certification authorizes the holder to: ƒ Perform foreman and/or examiner duties at shops, labs and warehouses required by State and Federal laws and regulations NOTE: This certification shall not be used in lieu of other certifications.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Possess one year work experience at a shop, lab or warehouse or appropriately related work experience approved by the Chief of the Division of Mines ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable) ƒ Hold a General Miner Certification as part of this certification (A card will be issued)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination ELEMENTS OF EXAM NUMBER OF QUESTIONS First Aid (FA) 20 Surface Facilities (SF) 50 ƒ Electrical ƒ Equipment ƒ Examinations ƒ Fire Prevention ƒ General Provisions ƒ Personal Protection ƒ Gas Detection - practical demonstration ƒ Records – practical

RECOMMENDED REFERENCE/STUDY MATERIALS: g Title 30 CFR Part 50, 71, 77 g Surface Facilities Foreman Guide g Coal Mine Safety Laws of Virginia g First Aid for Miners Study Guide g BCME Requirements

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

Revised 06/02/08

Virginia Coal Mining Instructor Certification RequirementsDoc ID: DM-C-BCMEi

Original: 334 words
Condensed: 297 words
Reduction: 11.1%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

BOARD OF COAL MINING EXAMINERS INSTRUCTOR

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Board of Coal Mining Examiners Instructor This certification entitles the holder to conduct certification classes for certifications other than those with specific instruction requirements such as Electrical Repairman, Diesel Engine Mechanic and Advanced First Aid.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination if examination is required ƒ Submit résumé of teaching experience signed and dated ƒ Submit copies of instructor certifications ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable) Note: General Miner certification not required

EXAMINATION REQUIREMENTS: Applicants that have instructor experience will not be required to take an examination. Individuals wishing to become certified to teach certification classes but have no valid card must complete requirements as determined by the Chief of the Division of Mines. All instructors must be monitored by a DM Representative prior to issuance of Instructor certification and may be asked to co-teach a class with DM Instructor.

Prior to conducting a class, Instructors must have completed all Board of Coal Mining Examiners requirements for Board of Coal Mining Instructor certification except “Monitoring”.

RECOMMENDED REFERENCE/STUDY MATERIALS: ■ BCME Requirements ■ Study Guides (if available) appropriate to the certification class to be taught.

The above mentioned materials are available at the Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and the Keen Mountain Field Office (276) 498-4533.

  • Applicant shall maintain certification by teaching at least two approved certification courses every two years.

Revised 06/02/08

Electronic Signatures for Mine Reclamation DocumentsDoc ID: DMLR-G-21-07

Original: 811 words
Condensed: 681 words
Reduction: 16.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION & DIVISION OF MINES

GUIDANCE MEMORANDUM1 No. 21-07 Issue Date: December 10, 2007; Revised August 27, 2008 Subject: Submittal of Electronic Engineers Signatures and Seals for Maps, Drawings and Plans

This memorandum is intended to provide guidance for the use of electronic signatures and seals on documents, digital maps, plans, and drawings submitted to the Division of Mined Land Reclamation (DMLR) and the Division of Mines (DM).

The Virginia Enterprise Applications Program and the Virginia Department of Mines, Minerals and Energy (DMME) have established a pilot implementation of the Access Certificates for Electronic Services (ACES) certificate program. IdenTrust has been selected as a provider for this program which will be used by both DMME and the Virginia Department of Transportation (VDOT).

The IndenTrust ACES program will allow the DMME to accept digitally signed maps and related official documents from each person authorized to act on behalf of the company or organization and professional engineers, land surveyors, or others who must sign and affix a seal to their work product.

These digitally signed documents must comply with the electronic seal requirements of Virginia Code § 59.1-496 , the Virginia’s Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers & Landscape Architects statute, Title 54.1, Chapter 4, and/or excerpts from Title 13.1.

The acceptance of digital seals and signatures will assist DMME’s processing of fully electronic permits and licenses. For additional details concerning the submission of digitally signed documents, please refer to the DMME link at http://www.identrust.com/virginia/dmme.html. The use of the IdenTrust digital signature technology, as allowed under §18VAC10-20-760(B) (1) (a), will eliminate the need to submit hard copy letters, forms, and professional engineer signatures and seals.

Effective immediately, DMLR and DM will accept all maps, plans, and drawings in an electronic or digital format. These digital files need to be submitted as both PDF and DWG files. The scanned image of the professional’s seal should be attached in Item 21.1 of the electronic permit application; the PDF format files should be attached in Item 21.2; and the DWG files attached in Item 21.5. The PDF files should be submitted with a scanned image of the engineer seal signature, as provided by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects Regulations at §18VAC10-20-760.B2, and with the IdenTrust PKI3. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 A copy of this regulation is attached at the end of this memorandum. 3 PKI – public key infrastructure, see http://www.identrust.com/certificates/pki_basics.html GUIDANCE MEMORANDUM1 No. 21-07 Revised Date: August 27, 2008

Subject: Submittal of Electronic Engineers Signatures and Seals for Maps, Drawings and Plans

Page 2 of 2

Additional items such as Microsoft Word documents (which would include DMME forms) may also be signed digitally. These items would continue to be attached in the electronic application in the sections where they are currently required. Please contact DMME directly about other specific document formats, procedures, and tools which may be used to sign and seal documents using IdenTrust certificates.

It should be noted that only final documents must be signed and sealed. This would include as-built plans and drawings and any plans, drawings, and maps that have gone through review and been approved by DMLR and DM.

Costs and other information

You may obtain an ACES certificate through the IdenTrust ACES Certificate Center. The cost for each individual signature certificate is $119 for an affiliated business representative and is good for two years from date of purchase. (The certificate must be used within one year of issuance.) The user will be required to provide a graphical signature as well as the PKI signature and seal.

The user will receive an email from IdenTrust 90 days before the certificate expires with information on how to renew the certificate. Additional reminders by email will be sent by IdenTrust, usually within 30 days, 15 days, 7 days, etc. of the certificate’s expiration date. Renewal of a certificate may be accomplished through IdenTrust’s Certificate Management section4.

Should you have any questions regarding this guidance memorandum, please contact the DMLR Chief Engineer at (276) 523-8156 or the DM Safety Engineer at (276) 523-8231. 4 http://www.identrust.com/certificates/cert_management_center.html

Mined Land Reclamation Permit ProceduresDoc ID: DMLR-M-3-98

Original: 578 words
Condensed: 416 words
Reduction: 28.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 3-98 Issue Date: April 21, 2008 Subject: Permit Streamline Procedures (issued 6/16/98, updated 10/1/01 & 04/21/08)

Inspector’s Copy of Completed/Approved Permit Application The permittee must submit the Inspector’s copy of the complete and correct application upon completion of the application review (same time the OSM copy is provided to DMLR).

4VAC25-130-773.15

Midterm Reviews DMLR shall conduct the comprehensive review of the permit at the middle of the permit’s term. 4VAC25-130-774.11

RENEWAL APPLICATIONS (4VAC25-130-774.15) When renewing a permit, the following material needs to be submitted to the DMLR:

  • If the permittee wishes to renew an existing permit under its current boundaries and conditions –
  1. Application for permit renewal (a) DMLR-PT-034e – (type of application code = TJ). If there are no changes to the existing plans, only the applicable portions of Sections 1 through 3. (b) DMLR-PT-034D – certification. (c) DMLR-PT-034p/DMLR-PT-034o – only if there are changes to the information currently on file with the Division.
  2. NPDES application (DMLR-PT-128).
  3. Sample public notice.
  4. Proof of publication (must be filed with the Division and made a part of the complete application not later than 4 weeks after the date of publication).
  5. Proof of liability insurance coverage (copy of the current policy on file).
  6. Renewal map with legend (DMLR-PT-017).
  7. Map showing the extent of underground mining (if applicable).
  8. Operator’s seeding report (DMLR-PT-011) – only if seeding has occurred since progress report from the previous year.
  9. Evidence that the performance bond is in full force. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

  • If the permittee wishes to revise the current plans or extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, two separate application packages are to be submitted as follows, so the DMLR can clearly distinguish between the renewal and revision applications:
  1. Revision application - DMLR-PT-034e: Include Sections 1, 2, 21 and those sections proposed to be revised and all applicable sections of the application for the areas to be amended to the existing permit; and
  2. Renewal application - (see above).

Remining Permit Streamline Procedures

  • Application content – provide standard application information and any information to detail the various mining incentives (e.g., AML features to be reclaimed, reasonable available spoil to be used to reclaim AML features).
  • Application preparation – use of standardized forms (DMLR-PT-034e) and digital mapping.

Field reviews – DMLR remining permit review team will provide consultation prior to, during and after permit preparation, as requested; assist industry’s and consultant’s location of remining/AML features upon request (DMLR GPS capability); coordinate up-front site visits and review with other state and federal agencies to facilitate the permitting process; consider alternate sediment control designs if compliance can be demonstrated (alternate designs to be included in the sediment control designs of the permit).

Mine Safety and Accident Prevention ProgramDoc ID: DM-P-10703

Original: 732 words
Condensed: 625 words
Reduction: 14.6%

DIVISION OF MINES

CHAPTER: VII Training And

PROCEDURES MANUAL

Accident Reduction

PROCEDURE NO: 1.07.03

ISSUE DATE: January 1, 1997 SUBJECT: Accident Reduction

LAST REVISED: 01/29/99

Program

OBJECTIVE AND INTENT

To assist coal mine operations through on site job observations, safety contacts, mine safety training, and other job safety awareness efforts in developing a well trained, safety conscious work force which practices working accident free and efficiently.

GENERAL

 The basis for any effective accident reduction program begins with the following philosophy: All injuries can be prevented.

Management is responsible for preventing injuries.

Miners are responsible for working safely.

All operating exposures can be safeguarded.

Training miners to work safely is essential.

Prevention of injuries to miners is good business.

 When these premises become part of a mine’s safety philosophy and practice, a safe and healthy work place will exist, and accidents which cause personal injury and other loss will be controlled.

 DM’s Accident Reduction Program is designed to assist mine operators, especially small mine operators, in achieving improved performance through learning and practicing accident reduction principles which create and support a sound safety philosophy for the operation.

PROCEDURE

1. SELECTION OF MINES FOR ACCIDENT REDUCTION PROGRAM

ASSISTANCE

 Annually during January, coal mining operations will be ranked based on injury frequency and severity rates and the mine risk assessment. Rankings will be for mines in two basic categories according to total mine employment.

a. Category 1 – less than 50 miners b. Category 2 - 50 miners or more Rv. 1/29/99

1-3  A copy of the ranking list will be distributed to the Chief, Mine Safety Engineer, and Mine Inspector Supervisors. Mining operations will be selected and scheduled for Accident Reduction Program emphasis based on the annual ranking with priority given to meeting category one operations first. The assigned mine inspector will be notified when an ARP visit has been scheduled. The mine inspector will provide the ARP staff with a brief mine history. Upon completion of a site visit, the assigned mine inspector will be updated. Applicable safety concerns of the assigned ARP staff will be communicated to the appropriate roof/ventilation/electrical technical specialists.

 Any safety or training concerns of the inspector, inspector supervisor or roof/ventilation/electrical technical specialists will be communicated to the assigned ARP staff to assist in implementing an effective accident reduction program.

 Base line data of the current safety performance of the mine will be developed and presented at the initial meeting.

 A comprehensive review and assessment of the participating mine’s health and safety program will be scheduled and conducted.

2. MINE HEALTH AND SAFETY PROGRAM REVIEW AND ASSESSMENT

 A systematic critical evaluation of the mine safety program will be conducted to include the following elements:

a. Program leadership and administration b. Supervisory training c. Job analysis and procedures d. Accident/incident investigation e. Planned job observation f. Emergency preparedness g. Task and skill training h. Personal protective equipment i. Safety communications j. Work activity coordination and communications k. Safety performance awareness and recognition

 Based on the systematic evaluation, the mine’s efforts to identify and control potential accidents and incidents will be analyzed and assessed.

Rv. 1/29/99

2-3  An action plan will be co-created with the mine operator to address improvement in the mine safety program and performance.

3. INITIAL SUPPORT FOR MINE ACCIDENT REDUCTION ACTIVITIES

 DM Accident Reduction Specialists will provide support for development and implementation of the accident reduction program guidelines.

 DM Accident Reduction Specialists will participate directly in and assist mine personnel in developing skills for the following accident reduction activities:

a. Safety meetings/talks b. Job safety contacts c. Safe job procedures d. Job observations e. Problem solving f. Mine plan implementation

4. MEASUREMENT AND EVALUATION

 Quarterly follow-up visits will be conducted at selected mines to evaluate program and training effectiveness.

 DM Accident Reduction Specialists, in coordination with mine management, will measure and track accident injury data and specific safety program activities.

 Measurement and tracking methods will be developed and conducted using graphs, charts, check lists, and other means which reflect performance trends and enable evaluation.

 Regular review of evaluation findings will be conducted with mine management, and where necessary, changes to program activities should be considered.

 The results of measurement and evaluation of safety and accident reduction activities should be displayed and shared with all mine personnel.

Rv. 1/29/99

3-3

Accident and Fire Investigation ProceduresDoc ID: DMM-P-214

Original: 2,135 words
Condensed: 1,663 words
Reduction: 22.1%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.14.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Accident/Fire Investigations Section Enforcement Last Revised 09/21/95

OBJECTIVE AND INTENT:

To establish procedures to be used by DMM personnel which will ensure compliance with requirements set forth in the Mine Safety Act and to provide a means of consistent interpretation and implementation of such requirements.

PROCEDURES:

Special Investigations:

  • Accident involving multiple fatalities, multiple life threatening injuries, or other unusual circumstances will be handled as Special Investigations.
  • The DMM Director will determine which investigations must be conducted in such a manner and will appoint a Special Investigator who will conduct the investigation with the assistance of the DMM area mine inspector.
  • Such investigations will be conducted in a formal manner including sworn testimony by witnesses as provided by the Mine Safety Act.

Regular Investigations:

  • Accidents that do not require a Special Investigation will be investigated by the DMM area inspector assigned to the mine site.
  • The mine inspector supervisor for the mine site may assist the mine inspector in his investigation or may assign additional inspectors to assist.
  • The mine inspector supervisor will assist the mine inspector in all investigations involving a fatality.

Investigation of Serious Personal Injuries or Fatalities:

  • The DMM personnel who receives notification of an accident involving “serious personal injury” or a fatality will obtain the following information:

∗ date and time of notification; ∗ name of person notifying DMM; ∗ name of mining company and permit number; ∗ location of mine site; ∗ date and time of accident; ∗ name of victim; ∗ brief description of accident; and ∗ present status of situation.

  • Upon receipt of a notification of a fatal or serious personal injury, DMM personnel will immediately notify the DMM Director, mine inspector supervisor, and the mine inspector assigned to the mine site.
  1. 14-1 DIVISION OF MINERAL MINING PROCEDURE NO. 2.14.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Accident/Fire Investigations Section Enforcement Last Revised 09/21/95
  • The DMM Director or his designated assistant will then notify the DMME offices
  • The assigned mine inspector will proceed immediately to the scene of the accident upon receiving notification.
  • If the assigned mine inspector is not available to respond, the mine inspector supervisor may assign the closest available mine inspector to initiate the investigation, or may decide to initiate the investigation himself.
  • The mine inspector supervisor will see that a mine inspector from the other district is assigned to assist in reviewing the accident investigation documents including the draft report.
  • Mine inspectors will conduct a “preliminary investigation” into accidents involving questions of jurisdiction, such as mining or non-mining activities, extent of injury. The mine inspector will document the facts determining jurisdiction and submit them on an Inspection Report as outlined in DMM Policy 2.4 and 2.7.

Investigation Procedures:

  • The mine inspector will document date and time of investigation activities.
  • The mine inspector will make contact with the mine officials and any other agencies, such as police, fire, or rescue crews, at the accident scene. He will inform them of the Division’s responsibilities required under the Mine Safety Act.
  • A Closure Order may be issued where necessary to secure the scene of the accident and to establish control over activities within the affected area.
  • If the victim has not been recovered, the mine inspector will ensure that rescue and recovery operations are being performed in a safe manner by mining company and rescue personnel.
  • The mine inspector will verify the information received by the DMM office regarding the accident and notify the DMM office of any discrepancies, or additional information.
  • The mine inspector will obtain names, addresses, and telephone numbers of all witnesses to the accident, and will obtain statements from all witnesses, company officials, and other persons who can provide information necessary for completion of the investigation.
  • Polaroid and/ or 35 mm pictures of the accident site and equipment involved will be taken during the mine inspectors investigation; where such documentation will contribute to the clarity of the investigation.
  • Pertinent information such as serial numbers and model numbers of equipment will be obtained by the mine inspector during the investigation.
  • The mine inspector will take accurate measurements of the accident site, and prepare a scale drawing where such documentation assists in the evaluation of the accident.
  • Equipment and machinery involved in the accident will be examined by the mine inspector to determine if unsafe conditions exist which could have contributed to the accident.
  1. 14-2 DIVISION OF MINERAL MINING PROCEDURE NO. 2.14.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Accident/Fire Investigations Section Enforcement Last Revised 09/21/95
  • The accident victim, when available, should be interviewed by the mine inspector as soon as possible.
  • The investigating inspector will notify the DMM Director or the mine inspector supervisor as soon as possible after the primary site investigation of the following:

∗ results of the investigation; ∗ any orders or violations issued as a result of the investigation; and ∗ assistance provided by other agencies.

Preparation of Investigation Documents:

  • The mine inspector will obtain any information on the condition of the injured person from the victim, employer, or the medical facility.
  • The mine inspector will prepare the DMM Accident Report (DMM-104c) which will be included in the Accident Investigation Report.
  • The mine inspector will prepare a summarized statement for each witness interviewed.

These statements will be verified with each witness, signed, and statements included in the Accident Investigation Report.

  • The mine inspector will prepare an abstract of all serious personal injury and fatal investigations. The abstract will be written as follows:

∗ one paragraph statement of the facts concerning the accident; ∗ provide information on worker’s occupation, work experience, and extent of injury; ∗ be written clearly and concisely; ∗ contain no technical abbreviations, or technical jargon; and ∗ will not list any names of victims, public or company officials, companies and location of the site.

  • The abstract will be completed and provided to the DMM Safety Engineer Sr. for distribution to all DMM staff and other interested parties.
  • The mine inspector will prepare a distribution list for the Accident investigation Report, including the following:

∗ mining company; ∗ victim or next of kin; ∗ Mine Safety and Health Administration; ∗ DMM mine inspectors; and ∗ DMME Public Relations Coordinator, who will review all reports involving fatalities.

Accident Investigation Report:

  • All accident investigations will be immediately followed up with a report written by the investigating mine inspector.
  1. 14-3 DIVISION OF MINERAL MINING PROCEDURE NO. 2.14.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Accident/Fire Investigations Section Enforcement Last Revised 09/21/95
  • Accident Investigation Reports involving serious personal injury will be written on an Inspection Report Form (DMM-104) and will follow a standard format.

∗ Commentary - The commentary portion of the investigation report will be a narrative which contains a record of data and facts pertinent to the occurrence of the incident. It will be concise and chronological in sequence of events. It is intended to detail information revealed by the investigation to enable the reader to understand the incident and to support the conclusions.

∗ Physical Factors - This section of the investigation report will document in a bullet style sentence format the actual conditions at the accident scene. Items such as speed of a conveyor belt, condition of equipment or machinery, grade of road or embankment, measured distances at the accident scene are to be considered physical factors. This information will support the commentary and conclusion portions of the investigation report.

∗ Enforcement Action - This section is reserved to document violations of law or regulation that were issued as a result of the investigation. The specific section or code violated will be listed and a copy of the Notice/Order form attached to the Accident Investigation Report.

∗ Conclusion - The conclusion will be a condensed analysis of the facts, conditions, and circumstances described in the Commentary and Physical Factor portions of the investigation report. It will disclose the probable cause of the accident if evidence is sufficient to do so.

∗ Recommendations - This section will contain, in bullet style format, any suggestions for prevention of similar accidents.

∗ Appendix - This section will contain accident report forms, statements made by witnesses and the injured party. Also any photographic documentation of the accident scene, a distribution list, and any other items necessary to provide a complete and clear understanding of the accident.

∗ Distribution List - This section will contain names and addresses of those persons who will receive a copy of the Accident Investigation Report. Persons to be included on this list are 1) the mining company, 2) accident victim or next of kin, 3) Mine Safety and Health Administration, 4) DMME Public Relations Coordinator, and 5) DMM Mine Inspectors.

Preparation of Report Document:

  • The Mine Inspector will be responsible for the preparation of the Accident Investigation Report.
  • The Mine Inspector will initiate the Accident Tracking in the DMM System prior to forwarding the report, and will note the Tracking Number on the report.
  1. 14-4 DIVISION OF MINERAL MINING PROCEDURE NO. 2.14.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Accident/Fire Investigations Section Enforcement Last Revised 09/21/95
  • The Mine Inspector will insure that the report is completed and distributed no later than 30 days after completion of the investigation. When accidents involve litigation concerning violations of the Mine Safety Act or regulations, the report may be delayed until such time as the litigation has been resolved.
  • The Mine Inspector will prepare the report on the electronic Inspection Report form
  • The Mine Inspector will send a draft copy of the content of the report to the Mine Inspector Supervisor and other enforcement staff involved In the investigation for their review and comment.
  • Upon completion of the report, the Mine Inspector will submit the original Accident Investigation Report to the Permit Section, Program Support Technician.
  • The Program Support Technician will submit the report to the DMM Director for review and approval for distribution.
  • Upon approval, the Executive Secretary will distribute copies of the report to personnel and agencies listed in the report and to all DMM enforcement personnel.
  • The program Support Technician will place the original copy in the individual permit file.

Fatal Accident Investigation Report Format:

  • Fatal Accident Investigation Reports will follow the guidelines stated for Accident Investigation Reports with the following exceptions.

∗ Fatal Accident Investigation Reports will be reviewed by the Public Relations Coordinator prior to release.

∗ Fatal Accident Investigation Reports will be issued in a format established by DMME.

Serious Fire Investigation:

  • The DMM personnel who receives notification of a serious fire will obtain the following information: ∗ date and time of notification; ∗ name of person notifying DMM; ∗ location of mine site; ∗ date and time of fire; ∗ duration of fire; ∗ extent of fire damage; ∗ any personal injury associated with the fire; and ∗ present status of the situation.
  • Upon receipt of a notification of a serious fire, DMM personnel will immediately notify the DMM Director, mine inspector supervisor, and the mine inspector assigned to the mine site.
  1. 14-5 DIVISION OF MINERAL MINING PROCEDURE NO. 2.14.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Accident/Fire Investigations Section Enforcement Last Revised 09/21/95
  • The assigned Mine Inspector will proceed immediately to the scene of the fire upon receiving notification.
  • If the assigned mine inspector is not available to respond, the mine inspector supervisor may assign the closest available mine inspector to initiate the investigation, or may decide to initiate the investigation himself.
  • Mine inspectors will conduct a “preliminary investigation” into fires involving questions of jurisdiction. The mine inspector will document the facts determining jurisdiction and submit them on an Inspection Report as outlined in DMM Policy 2.4 and 2.7.

Investigation Procedures:

  • The Mine Inspector will document date and time of investigation activities.
  • The Mine Inspector will make contact with the mine officials and any other agencies, such as police or fire crews at the scene. He will inform them of the Division’s responsibilities required under the Mine Safety Act.
  • Once the fire has been extinguished, the mine inspector will determine the probable point and source of ignition plus any other contributing factors.
  • The Mine Inspector will take pictures of the fire scene and any equipment involved.
  • The Mine Inspector will examine any machinery, equipment, or electrical circuits involved in the fire to determine possible effects on ignition.
  • The Mine Inspector will determine whether existing fire prevention and control measures in use at the mine site are adequate.

Preparation of the Fire Investigation Report:

  • The Mine Inspector will report the results of his investigation in a DMM Inspection Report (Form DMM-104).
  • The report will contain the probable cause, point of ignition, and contributing factors of the fire.
  • Recommendation for prevention of similar occurrence will be stated in the report.
  • All other documentation, such as photographs, witness statements, fire marshal reports will be attached to the report.
  1. 14-6

Blasting Complaint Investigation ProceduresDoc ID: DM-P-10508

Original: 197 words
Condensed: 147 words
Reduction: 25.4%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.08

ISSUE DATE: January 1, 1997 SUBJECT: Blasting Complaints

LAST REVISED:

OBJECTIVE AND INTENT

To provide procedures between DMLR and DM for coordinating and conducting blasting complaints to ensure that reported incidents are handled promptly and effectively to protect people and property.

GENERAL

  1. DM will respond and investigate blasting complaints identified as health and safety concerns for miners or the public.
  1. Blasting complaints which concern the environmental effects of blasting, such as air blast and ground vibration and the effects of such in causing structural or hydrologic damage, will be referred to DMLR.
  1. The memorandum of agreement between DMLR and DM on blasting activities will be adhered to in the handling of complaints, and at any time an agency representative requests assistance from the other agency, coordination will take place for investigative purposes.
  1. Notify/coordinate with DGO, DMM, or other official if not on a coal mine site.

PROCEDURES:

  1. Identify and assess the nature of the complaint.
  1. Communicate and coordinate with DMLR.
  1. When necessary, the DM Supervisor will determine if health and safety threats exist.
  1. If health and safety threats exist, refer to 1.05.07 for investigative procedure.

1-1

Permit Transfer and Assignment ProceduresDoc ID: DMLR-P-2310

Original: 475 words
Condensed: 378 words
Reduction: 20.4%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.10

PROCEDURES MANUAL ISSUE DATE March 12, 1997 SUBJECT Permit - Transfers, Assignments, or Sale Section Technical/Permitting of Rights Last Revised 6-7-93

OBJECTIVE AND INTENT:

To ensure that an application to transfer, assign, or sell permit rights is processed in accordance with 4 VAC 25-130-774.17 of the regulations. And to ensure that if the application is approved, the new permittee will be able to comply with the applicable permanent program standards.

PROCEDURES:

Upon receipt of an application to transfer, assign, or sell permit rights, the Field Inspector shall:

  • ensure the name and address of the existing permittee and permit number is provided in the application, as well as the other information required by 4 VAC 25-130-774.17(b)(1).
  • conduct an inspection of the existing permit to determine if there are any outstanding violations or situations subject to citation.
  • determine if backfilling and regrading is current.
  • contact the AVS Program Support Technician to perform an “unofficial AVS check” of the proposed permittee and contractor(s).

The Inspector shall also instruct the applicant to submit:

  • a certified map which identifies the remaining coal reserves;
  • a listing and status of mining and reclamation equipment (including whether the equipment is owned or leased - and to whom); and,
  • a statement that the new permittee will abate any existing violations on the permit within a period acceptable to the Division (Terms of Issuance; Procedure 2.2.12).

Once the applicant has provided the required information in the permit application, the Inspector shall review the material to ensure it complies with the Act and the regulatory program. If the material is acceptable, the Inspector shall sign off on the material and instruct the applicant to submit the complete package to the Division’s Big Stone Gap office for further review.

Once the material is submitted, the Review Inspector shall coordinate the:

  • “official AVS check” of the proposed company officials and contractors per Procedure #2.2.05.
  • permitting and technical review of the application materials.
  • comprehensive review of the proposed operation’s performance bond to ensure that adequate bond would be available in the event of bond forfeiture.

If the application meets the requirements of the Act and regulations, the Division shall approve it. In accordance with 4 VAC 25-130-774.17(e) of the regulations, the Review Inspector shall:

  • notify the permittee, successor, commentors, and the OSM of the Division’s findings, and
  • if the application is approved, require the applicant to submit “proof of consummation” to the Division prior to issuance of the new permit.

Site Inspections -

Should the permittee have limited experience in operating under the coal regulatory program, the Field Inspector shall monitor the operations more closely during the critical stages of the permit’s approved operations.

Once the permittee or contractor has shown adequate proficiency in operating within the approved plans, the frequency of inspection may be adjusted to the normal rate. 1

Radio Communication and Call Logging ProceduresDoc ID: DMLR-P-3104

Original: 186 words
Condensed: 151 words
Reduction: 18.8%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.04

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Radio Contact

Section

Reclamation Services

Last Revised April 17, 2006

OBJECTIVE AND INTENT :

To monitor work schedules of Field Inspectors and Supervisors, and to ensure the log of telephone call referrals (communicated to field staff by radio) is maintained.

PROCEDURES :

The Supervisor shall monitor the work schedule and location of each Inspector supervised.

The Inspector shall inform the Supervisor and the DMLR office whenever planning to visit any site where trouble could occur.

The Reclamation Office Services Specialists at the Big Stone Gap and Lebanon offices shall maintain a log of telephone calls received for DMLR field personnel (when the employee is not in the office). The daily telephone log shall include:

  • the time the call was received,
  • the DMLR field employee requested,
  • the person calling,
  • a brief summary of the message and, if applicable, the telephone number at which the caller may be contacted, and

the time and date (if not the same day that the call was received) the message was referred to the DMLR field employee. 1

Public Notice and Comment Procedures for Mining PermitsDoc ID: DMLR-M-11-94

Original: 114 words
Condensed: 100 words
Reduction: 12.3%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 11-94

Public Notice and Comment Periods (issued 11/21/94, updated 10/1/01)

Publication rate and comment periods:

  • Published once a week for 4 consecutive weeks with a 30 day comment period from the last date of publication –

New permit applications *

Significant Revisions* CSMO permit renewals*

Bond Releases **

  • Published once a week for 2 consecutive weeks with a 30 day comment period from the 1st date of publication –

Transfer applications **

NPDES renewals/revisions Ownership/control revisions**

  • Copy placed at courthouse (approved public office) for public inspection
  • Copy displayed at DMLR’s Big Stone Gap office.

Alternative Enforcement Procedures for Mined Land ReclamationDoc ID: DMLR-P-3308

Original: 474 words
Condensed: 407 words
Reduction: 14.1%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.08

PROCEDURES MANUAL ISSUE DATE March 12, 1997 SUBJECT Alternative Enforcement Action Section Enforcement Last Revised 2/8/93

OBJECTIVE AND INTENT :

To initiate prompt, immediate alternative action to ensure the permittee or operator complies with the requirements of the Act and regulations.

Alternative Enforcement Action Options -

Per 4 VAC 25-130-845.15(b)(2), a failure to abate Cessation Order automatically expires 30 days from service.

If the permittee or operator has failed or refused to comply with the order, the Division shall issue a show cause order within 5 days and/or take alternate enforcement action within 30 days after expiration of the failure to abate CO.

When determining the type of alternative action to pursue, the Field Inspector must discuss the particular situation with the Supervisor and Reclamation Services Manager. The Inspector shall prepare and submit a fact sheet outlining all pertinent historical information about the situation to the Reclamation Services Manager via the Supervisor. A memo of recommendation, signed by the Inspector and Supervisor, shall accompany the fact sheet.

In determining the most effective option to recommend (items #1 - 4 listed below), the Field Inspector and Supervisor must consider:

  • whether the site is permitted or unpermitted,
  • the operator’s willingness to comply,
  • the operator’s ability to comply, and
  • the operator’s past history of violation and payment of civil penalties.

The Reclamation Services Manager may discuss the situation with the Assistant Attorney General and other appropriate staff when deciding upon the course of action to pursue. The Division may pursue, but is not limited to:

  1. the issuance of a Show Cause Order (45.1-245C) - see Procedure #3.3.10.
  • VAC 25-130-843.13 states that the Director shall issue a Show Cause Order to a permittee when it is determined that a pattern of violations of any requirements of the Act exists or has existed and these violations were caused by the permittee’s willful or unwarranted failure to comply with such requirements.
  • Per Procedures #3.3.09 and #3.3.10, the Inspector shall initiate show cause proceedings to revoke the permit and to initiate bond forfeiture proceedings within 5 days after the expiration of the failure to abate CO.
  1. pursuing Civil Action for Injunctive Relief (45.1-245E ) and/or Criminal Action (45.1-246E).
  • Each situation must be evaluated and discussed with the Supervisor and Reclamation Services Manager. The Reclamation Services Manager may solicit the Assistant Attorney General’s advice in determining the proper course of action to pursue. If Criminal Penalties pursued - the Inspector shall cooperate with the Commonwealth Attorney in obtaining necessary warrants or summons.
  1. assessing Individual Civil Penalties and/or pursuing individual criminal penalties (see 45.1-246F and Part 4 VAC 25-130-846). 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.08

PROCEDURES MANUAL ISSUE DATE March 12, 1997 SUBJECT Alternative Enforcement Action Section Enforcement Last Revised 2/8/93

  1. pursuing Bond Forfeiture (4 VAC 25-130-800.50) - see Procedure #3.3.09. 2

Terms of Approval for Reclamation PermitsDoc ID: DMLR-P-2212

Original: 786 words
Condensed: 669 words
Reduction: 14.9%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.12

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Terms of Approval (TOA) Section Reclamation Services /Permitting Last Revised 8-18-00

OBJECTIVE AND INTENT:

To ensure the permittee’s compliance with Terms of Approval (TOA).

GENERAL:

Terms of Approval (TOA) are conditions of permit or application approval set by the Division to ensure the permittee complies with all applicable requirements of the regulatory program. The conditions may, among other things, require the permittee to submit additional data to the Division or perform certain fieldwork by set deadlines or within certain time frames.

The Division may grant a TOA at the time a new permit, revision, or renewal application is approved. The TOA will set certain conditions that the permittee must adhere to or comply with in order to conduct operations under the approved permit, revision, or renewal.

PROCEDURES:

The Permit Review Specialist shall provide the permittee with the written TOA when the relevant application is conditionally approved and:

  • when more than one Technical/Permitting reviewer issues the same TOA, shall combine the TOA into one item and include each reviewer’s name in the TOA title (e.g.

Ecology/Agronomy – Jane Doe and Water Quality – John Doe).

  • ensure that a TOA is not issued for Right of Entry (ROE). The ROE must be obtained prior to approval of the permit or revision application. In the event that the ROE for the proposed permit area has not been submitted by the third application submittal, inform the permittee and/or consultant that the application may not be resubmitted until the ROE has been obtained or the property in question has been removed from the proposed permit area.
  • shall forward a copy of the TOA to the Field Inspector and Permit Review Specialist (Processing) by e-mail as soon as the permit, revision, or renewal application is approved.
  • upon notice from the Field Inspector that a TOA has been complied with, forward a TOA approval note to the Permit Review Specialist (Processing).

The Permit Review Specialist (Processing) will:

  • maintain and update the computer tracking system for each TOA by entering the applicable compliance information into the DMLR computer system. This includes any condition of approval relative to AVS, MSHA, or DM requirement(s). As a TOA may contain multiple items, the DMLR computer system will list the compliance date for each individual item/condition of the TOA, so as to track each until all items/conditions are complied with. As 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.12

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Terms of Approval (TOA) Section Reclamation Services /Permitting Last Revised 8-18-00 an item/condition is complied with, it will be removed from the tracking list. When all items are complied with, the final approval note along with the letter will be placed in the permit file.

  • upon the permittee’s filing of a completion letter or completion materials, identify any outstanding TOA still associated with the permit that would no longer apply to an inactive permit and remove it from the outstanding list. (Note: Any applicable AVS TOA still outstanding at the time of performance bond release will no longer apply.)
  • upon receiving a memo or computer note from the Field Inspector that a TOA involving a field condition has been complied with, remove such from the tracking list.

Subsequent to issuance of a TOA, the Field Inspector shall:

  • review and initial information contained in a letter or revision application that will achieve compliance of the TOA. Specific information must be submitted to the DMLR that will establish the compliance of the TOA. If the information is submitted in the form of a revision, the inspector will flag in the Inspector’s comment section of DMLR-PT-008 that this concerns a specific TOA.
  • monitor and document in a “complete” inspection report the compliance or applicability of any outstanding TOA. This excludes any AVS TOA, unless issued by DMLR.
  • submit a memo or send a computer note to the Permit Review Specialist when a TOA that concerns a field condition has been complied with, so the Permit Review Specialist may remove such from the tracking list. This notification must include date of compliance.
  • issue a NOV (see Procedure #3.3.01) to the permittee if it fails to meet a TOA condition or deadline (and the Division has not granted the permittee additional time to comply).

The AVS Investigator shall:

  • inform the Permit Review Specialist of any TOA which should be placed upon the permit, relative to the AVS program.
  • upon notification of the permittee’s compliance with the AVS related TOA ensure that the relevant compliance information is entered into AVS.
  • notify the Permit Review Specialist of AVS TOA compliance, so it may be removed from the outstanding TOA list. 2

Quarterly Acid-Base Monitoring Reporting RequirementsDoc ID: DMLR-M-3-90

Original: 135 words
Condensed: 130 words
Reduction: 3.7%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 3-90

Standardized Reporting Form (Quarterly Acid-Base Monitoring) (issued 6/28/90, updated 10/1/01)

As of July 1, 1990, the Division required the use of a standard reporting form for quarterly acid-base monitoring reports (DMLR-PT-239), to be filled out by the company or laboratory performing the analysis.

At the end of each calendar quarter, 2 copies of the report form should be submitted to the Division’s Big Stone Gap office. (Even if no material was placed during the quarter or the facility was inactive, the report form should still be submitted stating such.) A separate reporting form should be submitted for each sample taken and analyzed. The area inspector does not have to review and initial the reports.

Mine Certification On-Site Observation ProceduresDoc ID: DM-P-10904

Original: 290 words
Condensed: 225 words
Reduction: 22.4%

DIVISION OF MINES

CHAPTER: IX Certification

PROCEDURES MANUAL

PROCEDURE NO: 1.09.04

ISSUE DATE: January 1, 1997 SUBJECT: Certification Requiring

LAST REVISED:

On Site Observation

OBJECTIVE AND INTENT

To provide on site observations of critical tasks which need to be demonstrated prior to certification to ensure that the miner is knowledgeable and capable of performing the tasks safely and competently.

GENERAL

  1. The DM representative assigned to observe the candidate for certification must be trained and experienced in the tasks being observed.
  1. A check list detailing the critical tasks being evaluated during the on site observation is to be used and signed by the DM representative. This check list will be forwarded to the Regulatory Boards Administrator as the basis for awarding the certification or recommending further training.

PROCEDURE

  1. Hoisting - After passing the hoisting exam, written permission on company stationery, signed by a company official, must be obtained from the mine to have on site observation. The request is sent to the certification section. The certification section will make notification to schedule the observation once all other certification requirements are met.
  1. Automatic Elevator Operator - No written examination required. Permission in writing, on company stationery, signed by a company official, must be obtained from the mine to have on site observation. The request is sent to the certification section.

The certification section will make notification to schedule the observation once all other certification requirements are met.

  1. Gas Detection - Gas detection may be administered at the mine site, training location, or as part of the regularly scheduled examination at Keen Mountain and Big Stone Gap. This observation requires a demonstration of knowledge in calibration, general maintenance, and use of instruments to be used for detection of methane and oxygen deficiency.

1-1

Mine Reopening and Safety Inspection GuidelinesDoc ID: DM-G-16163

Original: 603 words
Condensed: 591 words
Reduction: 2.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 5 LICENSING OF MINES Issue Date: 4/10/00 Revised Date: 4/15/04 Page 1 of 2 Section 45.1-161.63 B., C.

Notices to Department; Resumption of Mining

Following Discontinuance

Conditions requiring a reopening:

A reopening inspection is required for an inactive mine to correct unsafe conditions that may exist prior to employees entering the mine for the purpose of resuming work.

For the purpose of this section, the definition of “inactive mine” must be considered. An “inactive mine” is a licensed mine at which miners have not excavated or processed coal, or performed other work for a period of thirty days at an underground mine or for a period of sixty days at a surface mine. The definition clearly states that examinations by certified persons and emergency work to preserve the mine during this period do not change the inactive status.

When determined by the inspector or specialist that excavation or processing of coal has not occurred for the prescribed period and no work other than examinations by certified persons and emergency work to preserve the mine has been performed, then a reopening inspection must be conducted prior to resumption of work. In those situations where coal has not been excavated or processed for the time prescribed but other work has been performed beyond examinations and activities to preserve the mine, then a reopening inspection would not be required. Examples of “work” for this application would include moving and setting up equipment, clean up of falls, development of roadways and drainage structures and similar “dead” work.

In the case where a mine is re-opened to recover equipment with no intention to produce coal, a full re-opening inspection as defined in the DM Procedures manual does not necessarily have to be performed. However, an inspection of the mine to ensure that it is safe for those miners involved in the recovery effort must be completed. Inspectors, specialists, or supervisors associated with the mine may perform the inspections and code the activity as required. The involvement of DM personnel could also vary greatly based upon the scale of the recovery operation. The inspector, specialists, and supervisors associated with the mine should jointly determine when and what type of inspections will be completed.

When a mine is being rehabilitated in order to commence coal production, and these rehabilitation efforts may extend over several months, a re-opening inspection is required prior to producing coal. The timing of the re-opening inspection should be such that the most benefit is gained. Should it be determined that the re-opening inspection is not going to be conducted until a majority of the rehabilitation efforts are complete, then other inspections should be performed during the rehabilitation process to ensure that the mine is safe for the workers. Again, the inspector, specialists, and supervisors should jointly determine when and what type of inspections will be completed.

Emergency Action Following Discontinuance:

Emergency actions may become necessary and be performed by the operator at any time during inactive status at a mine. These activities to preserve the mine do not necessarily place the mine in an active or an active non-producing status.

Examples of “emergency actions” that may be performed at inactive mines include pumping of water, preservation of roof conditions, protection of equipment, maintenance of ventilation controls, or similar actions to control conditions or circumstances that could result in loss of property or create dangers to mine personnel. Notification to DM “as soon as possible” requires notifying the Department by the quickest available means once emergency actions have been implemented.

AMLIS Data Entry Procedures for Reclamation ProjectsDoc ID: DMLR-P-4103

Original: 376 words
Condensed: 355 words
Reduction: 5.6%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.03

PROCEDURES MANUAL ISSUE DATE June 1, 2005 SUBJECT AMLIS Data Entry Section

AML

Last Revised

OBJECTIVE AND INTENT :

To provide guidance and direction to the AML staff in entering data into the federal Abandoned Mine Land Inventory System (AMLIS).

Procedures:

Moving AMLIS Features and Costs to Funded Column -

The AML Contract Coordinator or Minerals Specialist who has “write access” to AMLIS will prepare a project’s National Environmental Policy Act (NEPA) written analysis form and be the contact person for the Big Stone Gap OSM’s field office personnel.

The assigned OSM field personnel will inform the appropriate Contract Coordinator or Mineral Specialist as to whether the NEPA document and Authorization To Proceed (ATP) are ready for approval. (Note: The OSM Field Director completes the ATP.) If the documents are ready for approval, the OSM contact will request, via email or telefax, that the Contract Coordinator/Minerals Specialist enter the appropriate data into AMLIS and provide the printout of the data to OSM (i.e., that documents the specific feature(s) of the project and moves the projected cost(s) to the funded column).

The AML and OSM personnel will communicate and document any changes to the project’s AMLIS data, as needed (email will be acceptable). The revised data sheet(s) will be sent to OSM via telefax to expedite the process for final approval of the NEPA document and issuance of the ATP.

Moving AMLIS Features and Costs to the Completed Column -

Once the AML project has been completed, the field Inspector will complete the final inspection report to recommend closing out the project. The report will be routed to the supervisor, Contract Coordinator/Minerals Specialist, and the AML Manager. The Contract Coordinator/Minerals Specialist will review the report, sign it if there are no discrepancies or errors, and then enter the appropriate data regarding the project features and costs into the completed column of the project’s AMLIS file.

Maintaining Hard Copy AMLIS Files -

All AMLIS data changes will be documented by printing hard copies of any AMLIS Problem Area Description (PAD) originals and all AMLIS PAD modifications, along with annotations. The Contract Coordinator/Minerals Specialist will ensure that paper copies of this information are placed and maintained in the respective PAD file.

AML Enhancement Project Reclamation ProceduresDoc ID: DMLR-P-40104

Original: 1,652 words
Condensed: 1,000 words
Reduction: 39.5%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.04

PROCEDURES MANUAL

ISSUE DATE 10/21/2010

SUBJECT

AML Enhancement Projects Section Reclamation Services & AML Sections Last Revised April 27, 2006

OBJECTIVE AND INTENT :

To provide guidance and direction to the Reclamation Services and AML staff in implementing an AML enhancement project, whereby, coal removed and sold must be incidental to the AML enhancement project, i. e., physically necessary to remove in order to address the identified health, safety, or environmental problem of the approved AML enhancement project.

GENERAL:

Pursuant to a final rule published in the Federal Register (Vol. 64, pages 7470-7483; Feb. 12, 1999), AML projects that involve the incidental extraction of coal may be approved in instances where less than 50 percent government funding is involved. The rule requires that certain consultations and concurrences occur relative to the Title IV and V Programs to ensure the appropriateness of the project being undertaken as an AML project and not under the Title V regulatory program.

Sites that involve the redisturbance and subsequent reclamation of abandoned mine lands, such as highwalls and outslopes that have become environmentally stable over the years will not meet the requirements of an AML eligible site and shall not be considered for a proposed AML enhancement project.

The areas eligible for AML enhancement generally have little likelihood of being reclaimed under either the current Title IV or Title V programs. A site may be selected only –

  • After the DMLR determines that private industry would be unable or unwilling to remine and reclaim the site as a Title V operation;
  • After the project is determined to meet the eligibility requirements of the Title IV program;
  • If the coal removal is incidental to the reclamation project; and
  • If included in the AML inventory.

Examples of projects that may qualify for AML enhancement are those that have the potential to –

  • Remedy adverse subsidence impacts,
  • Reduce the likelihood of perpetual acid mine drainage problems that are costly to treat through conventional chemical means or to permanently eliminate acid mine drainage by removing the source of the problem,
  • Remove a refuse pile that has the potential for combustion or causing sedimentation to streams, and
  • Eliminate unstable highwalls that pose a public health and safety threat or hazard. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.04

PROCEDURES MANUAL

ISSUE DATE 10/21/2010

SUBJECT

AML Enhancement Projects Section Reclamation Services & AML Sections Last Revised April 27, 2006 Procedures:

Whenever a site is considered for an AML enhancement project, the appropriate AML office staff, the Inspector, and Supervisor shall review the project proposal to make certain findings and determinations to include -

  1. Whether government financing1 (see Procedure 2.1.06 Exemptions for Government Financed Projects) will be involved;
  2. That the site meets the AML eligibility requirements;
  3. The identification of the public health, safety or environmental problem or hazard that exists and needs correction. (This may be characterized in terms of problems associated with mine drainage, active slides, slide prone areas, erosion and sedimentation, vegetation, toxic materials, or hydrologic balance.);
  4. The limits on any coal refuse, coal waste, or other coal deposits that can be extracted incidental to the proposed reclamation project;
  5. The likelihood of the coal being mined under a Chapter 19 permit - considering the coal reserves from existing mine maps or other sources; existing environmental conditions; all prior mining activity on or adjacent to the site; current and historic coal production in the area; and any known or anticipated interest in mining the site;
  6. Whether nearby or adjacent mining activity might create new or adversely affect existing environmental problems at the site;
  7. Whether reclamation activity at the site might adversely affect nearby or adjacent mining activities.

These determinations and findings will be documented in writing by the appropriate AML office staff, the Inspector, and Supervisor then forwarded to the AML and Reclamation Services managers for their review and action. If the recommendation is to proceed with the enhancement project, the written findings shall –

  1. Set the limits on any coal refuse, coal waste, or other coal deposits which may be extracted under Part 4 VAC 25-130-707.
  2. Delineate the boundaries of the AML project.
  3. Describe the existing hydrologic and other environmental problems that will be eliminated. 1 Government financing shall be in accord with FEDERAL REGISTER 68 FR 65622 (November 20, 2003), DEPARTMENT OF THE INTERIOR (DOI), Office of Surface Mining Reclamation and Enforcement (OSRME), 30 CFR Part 707, Abandoned Mine Land (AML) Reclamation Program; Enhancing AML Reclamation, ACTION: Final rule. . 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.04

PROCEDURES MANUAL

ISSUE DATE 10/21/2010

SUBJECT

AML Enhancement Projects Section Reclamation Services & AML Sections Last Revised April 27, 2006 Should the managers concur with the determinations and findings, both will sign the document and forward it to the DMLR Director for final review and approval. If approved, the decision will be copied to the appropriate AML office staff, Inspector and Supervisor.

The enhancement project file, maintained by the AML office staff, will include -

  • A copy of the written decision;
  • Consultation letters and concurrence determinations;
  • Information taken into account in making the determinations; and,
  • Names of the parties making the determinations.

Project Plans:

The contractor will be required to submit detailed plans that include –

  • A detailed description regarding how the proposed work will be conducted.
  • A ground control plan2 that will also identify how the project site will be marked/flagged to designate the boundary of areas that may be disturbed during the enhancement operations. The plan will also identify any utilities in the project area (gas lines, power lines, etc.) and a description of how these facilities will be protected.
  • Maps delineating the extent of the coal to be removed in both horizontal and vertical planes.
  • Slope cross sections (before and after) with yardage calculations to show that adequate material is available to eliminate any highwalls involved and to reclaim the area with minimal disturbance of contiguous areas.
  • Planned sediment and drainage control measures (plan views showing location of sediment control measures and, where applicable, detailed typical drawings of each type to be used and specifications of structures).
  • If the project involves a refuse area, a description of how scalp rock or other unsuitable material such as boulders or unmarketable material will be disposed, including identification of disposal locations.
  • A discussion of what measures will be taken if unanticipated event(s) occur (e.g., if the project involves a refuse area, what would be done in the event a refuse fire is encountered).
  • The documents that authorize the extraction of the coal and payment of royalties.

Prior to execution of an AML enhancement agreement between the DMME and the contractor, the appropriate AML office staff will conduct an applicant violator check on the contactor (AVS: see DMLR 2 See DMLR Procedure 4.1.05. 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.04

PROCEDURES MANUAL

ISSUE DATE 10/21/2010

SUBJECT

AML Enhancement Projects Section Reclamation Services & AML Sections Last Revised April 27, 2006 procedures 2.2.05 and 2.2.05A). A contactor who is listed in AVS as a being blocked will be ineligible to conduct an AML enhancement project until he resolves the outstanding AVS issue(s). A copy of the AVS check is to be included in the AML project file.

The executed agreement between the contractor and the agency will define the obligations and responsibilities incumbent on each party.

INSPECTIONS: After an AML enhancement agreement is executed, the Inspector will remind the contractor of the limits of the project.

Field inspections will be conducted at least monthly to ensure that the reclamation project is conducted in accordance with contract provisions and Subchapter VR of the regulations. An AML Inspection Report (DMLR-AML-130S) must be completed and e-mailed to the Area Supervisor with a copy to the Reclamation Services Manager. Prior to project close out, the field inspector must have an on-site meeting with the contractor to approve on the ground reclamation and fulfillment of the contract obligations. This approval will be documented in the field inspection report and e-mailed to the Area Supervisor with a copy to the Reclamation Services Manager.

In the event the contractor plans or attempts to extract coal beyond the limits of the approved project, the Inspector or Supervisor will notify the Reclamation Services and AML managers of the situation. The Inspector shall immediately inform the contractor that any extraction for an area that is not incidental to the reclamation project must cease and any further activity would be conditioned on the submittal and approval of a permit application under the coal regulatory program. Contractors removing coal outside the limits authorized by the AML enhancement project will also be subject to appropriate action, such as but not limited to enforcement action per DMLR Procedure 3.3.01; termination of AML contracts; forfeiture of any performance and reclamation bond; and being prohibited from conducting any further AML projects.

If there is an unintended coal removal beyond that anticipated in the executed agreement, the AML Manager shall consult with the Reclamation Services Manager to determine whether such extraction, if less than 250 tons, may be exempt from the Title V permitting requirements. No further coal extraction would be allowed until such determination is made, and if applicable, a Chapter 19 permit application is submitted and approved. The determination shall be documented in writing by the Reclamation Services Manager and made a part of the AML enhancement project file and copied to the Inspector, Supervisor, contractor, and appropriate AML office staff.

The AML enhancement agreement, including modification of project plans, may be amended at any time upon written agreement of the parties. If additional coal is proposed to be removed, an 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.04

PROCEDURES MANUAL

ISSUE DATE 10/21/2010

SUBJECT

AML Enhancement Projects Section Reclamation Services & AML Sections Last Revised April 27, 2006 amendment to the agreement will require written concurrence between the Title IV and the Title V programs. 5

Virginia State Minerals Management GuidelinesDoc ID: DMME-MMP-SMMP

Original: 12,178 words
Condensed: 10,013 words
Reduction: 17.8%

COMMONWEALTH OF VIRGINIA

STATE MINERALS MANAGEMENT PLAN

Guidelines for Mineral Activities On State-Owned Lands

Pursuant to § 2.1-1156, 1157 of the Code of Virginia

The Department of Mines, Minerals, and Energy

In Cooperation With

The Department of General Services

The Virginia Marine Resources Commission

REVISED 2007TABLE OF CONTENTS

Section

Page

I.

Definitions............................................................................................................................3

II.

Statutory Requirements……………………………………………………………………5

III.

Uplands Mining under State Minerals Management Plan

A. Agencies and Activities Subject to the Plan ..................................................................6 B. Plan Implementation.......................................................................................................7

C. Review of Proposal to Lease and Issuance of Request for Proposals ............................9

D. The Environmental Impact Statement ..........................................................................11

E. The Public Hearing .......................................................................................................14

F. Lease Decision and Conditions .....................................................................................14

G. Permit and Bond Requirements ...................................................................................16

H. Reporting and Oversight ..............................................................................................17

I. Reclamation of Sites and Disposition of Proceeds .......................................................17

IV.

Appendix ............................................................................................................................19

A. Legislative History

B. Sections 2.2-1157, 28.2-1200, 28.2-1203 through 1208, 29.1-105, 41.1-3, and 53.1-31 of the Code of Virginia

C. Information on State and Federal Requirements for Mineral Mining Activities in Virginia

D. State Subaqueous Minerals Management Plan Page 2

MINERALS MINING, LEASING AND EXTRACTION IN VIRGINIA

I. DEFINITIONS

The following terms when used in this plan shall have the following meanings indicated:

Agency -

any state agency, department, division, institution, or other entity of state government.

Extraction -production of minerals by means of quarrying, pumping or dredging, surface mining, underground mining, removal through a borehole, or any other means.

Governing Authority -

includes (i) the governing board or commission of any state agency, department, division, institution, or entity of state government, (ii) agency head or (iii) other person with authority to make final agency decisions.

Ground-disturbing exploration -includes but is not limited to drilling; the excavation of pits, trenches, shafts, adits, or other openings in the ground; the removal of any material other than samples by means of a hand-powered or hand-held powered auger or core device; vibrioses or other seismic surveys off of the state highway right-of-way or other roads; any other surveys or investigations that change the ground surface; the construction of access roads; and the cutting of trees, brush, or other vegetation in excess of that necessary for a nonground disturbing mineral survey.

Mineral Lease -a written agreement that conveys an interest in certain minerals on designated lands to a person for a specified period of time, and sets forth the terms of such conveyance and the rights and responsibilities of each party. The term may also include an option to lease.

Mineral activity -surveys, exploration, leasing, extraction, processing, and related reclamation activities for minerals.

Mineral -

a naturally occurring, homogenous inorganic substance having a definite chemical composition and characteristic crystalline structure, color, and hardness. Dirt used for its bulk properties is not included in the definition of mineral.

Page 3 Nonground-disturbing mineral survey -includes but is not limited to the making of geologic maps; the conduct of gravity, magnetic, radiometric, and similar geophysical surveys by means of instruments that cause no disturbance to the ground; vibrioses or other seismic surveys when conducted on state highway right-of-way or other roads; the collection of water samples from wells, springs, and lakes, streams, or other bodies of surface water; stream sediment sampling when no mechanical or suction equipment is used; the collection of a reasonable number of plants or plant parts for geochemical surveying; and the collection of a reasonable number of soil or near surface samples by means of a hand-powered or hand-held powered auger and or core device; provided that no access roads are constructed and that no other significant cutting of trees, brush, or other vegetation (unless deemed permissible by the responsible agency) occurs.

Person -

any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity, including a governmental entity.

Pooling -

the bringing together, under the jurisdiction of the Virginia Gas and Oil Board, of individually-owned tracts in a manner sufficient for the granting of a permit for oil or natural gas wells under applicable spacing rules.

Reconnaissance-general review of basic data collected in mineral exploration.

Responsible agency-

the agency or institution having the authority to make decisions about the use of state-owned lands.

State-owned submerged lands-

lands which lie seaward of the mean low water mark in tidal areas or which have an elevation below the average surface water level in nontidal areas.

State-owned uplands -

lands which lie landward of the mean low water mark in tidal areas or which have an elevation above the average surface water level in nontidal areas.

Vibrioses -

a seismic technique that employs a vibrating pad upon a road or ground surface, rather than explosive detonations.

Page 4

II. STATUTORY REQUIREMENTS

The Commonwealth of Virginia's requirements for leasing and extraction of minerals on state-owned lands are set forth in the Code of Virginia and in this minerals management plan for state-owned uplands and submerged lands. They enable state agencies and institutions to respond to requests for mineral surveys, exploration, leasing, and extraction on state-owned lands.

A. STATE MINERALS MANAGEMENT PLAN

The Code of Virginia states that the Department of Mines, Minerals and Energy (DMME), in cooperation with the Department of General Services (DGS), shall develop a State Minerals Management Plan (SMMP). The Plan must include provisions for holding public hearings and advertising for competitive bids or proposals for mineral exploration, leasing, and extraction activities on state-owned uplands. Granting of mineral exploration or production leases for these lands shall be made by the responsible agency, with the assistance of DGS and

DMME.

The Code of Virginia § 2.2-1157 requires that agencies, institutions, or departments proposing or receiving applications for mineral exploration, leasing or extraction on state-owned uplands, recommend such activities to the Department of General Services (DGS) following guidelines set forth in the SMMP. Following Gubernatorial approval, agencies may execute approved leases or contracts. The Governor has delegated by Executive Order 88(01) to the Secretary of Administration, the authority to determine if mineral exploration, leasing, or extracting is in the public interest and to approve leases or contracts for exploration or extraction (Code of Virginia § 2.2-1157).

The proceeds from mineral sales or leases above the costs to the agency sponsoring the sale and to DMME, shall be paid into the general fund of the state treasury so long as the sales or leases pertain to general fund agencies or the property involved was originally acquired through the general fund. The net proceeds from sales or leases of properties of special fund agencies or of properties acquired through gifts to such agency shall be retained by the agency or used in accordance with the original terms of the gift, if so stated.

B. STATE SUBAQUEOUS MINERALS MANAGEMENT PLAN

The Code of Virginia § 28.2-1208 E directs the VMRC, in cooperation with the Department of Mines, Minerals and Energy, and with the assistance of affected state agencies, departments, and institutions, to maintain a State Subaqueous Minerals Management Plan (SSMMP, see Appendix D) supplementing the SMMP. The VMRC acts as the lead agency over leasing and extraction activities and performs procurement functions in the same capacity as the Department of General Services in the SMMP.

Page 5

III. UPLANDS MINING UNDER THE

STATE MINERALS MANAGEMENT PLAN

A. AGENCIES AND ACTIVITIES SUBJECT TO THE PLAN

The State Minerals Management Plan applies to all state agencies, departments or institutions proposing or receiving applications for mineral surveys, exploration, leasing, and extraction on state-owned uplands in Virginia. The procedures of this plan are applicable to all state uplands including properties of general fund agencies and property originally acquired through the general fund, properties of special fund agencies, and properties acquired through exchange or as gifts. Mineral activities on state-owned, submerged lands are subject to the provisions of the State Subaqueous Minerals Management Plan (described in Part II and in Appendix D).

Mineral activities for all minerals including but not limited to metallic ores, nonmetallic mineral and rock materials, coal, petroleum, natural gas, and coal-bed methane are subject to this Plan. Mineral activities conducted on state-owned uplands shall be performed in full accordance with all provisions of the Code of Virginia, this Plan, state, local, and federal regulations, and any special stipulations established by the Commonwealth.

Exempted activities include any mining or borrow-pit operations which are conducted on state-owned lands solely and exclusively for a state project, and which, if conducted by an outside contractor, is subject to the control and supervision of a state agency through a contract.

If the contractor or lessee plans to sell the mineral products to the public or use the mineral products for a project unrelated to the state contract, then the operation is not exempted and the agency must meet all SMMP requirements.

Other specific mineral activities that are exempt from the State Minerals Management Plan include:

Dept. of Corrections (Code of Virginia § 53.1-31) Dept. of Conservation and Recreation (Code of Virginia § 10.1-111) Dept. of Games and Inland Fisheries subaqueous lands (Code of Virginia § 29.1-105) Sale of captive property with mineral interests (Code of Virginia § 2.2-1157)

(Code sections may be found in Appendix B.)

Scientific research that is exempt from this Plan includes mineral and geological studies that are performed on state-owned lands by, or at the request of, state agencies for the purpose of scientific research or for property evaluation in the conduct of state business. In addition, soil boring, soil sampling, topographical surveys and other work not involving mineral extraction are exempt.

Page 6 Section 41.1-3 of the Code of Virginia, Grants of certain lands, etc., prohibits and voids any grants made after March 15, 1932, for certain lands belonging to the Commonwealth (including the old magazine at Westham, any quarry then worked by the Commonwealth, and any lands within one mile of the old magazine or quarry).

B.

IMPLEMENTATION OF THE STATE MINERALS MANAGEMENT PLAN

Action will be taken under the SMMP in the following circumstances:

When a determination is made by an agency that the offering of leases on certain lands under its jurisdiction for the purpose of mineral exploration or extraction is timely and beneficial to the Commonwealth;

Upon the agency's receipt of a person or a company’s request for permission to conduct mineral surveys or exploration on lands administered by that agency; or

Upon the agency's receipt of a person or a company's request for a lease of or option to lease minerals on lands administered by that agency.

Any proposal from a person to conduct a mineral activity on state-owned lands will be classified as a mineral survey, a lease, or option to lease. Except for those coming under the forced pooling provisions of the Virginia Gas and Oil Act, Chapter 22.1 of Title 45.1 of the Code of Virginia, no mineral extraction or ground-disturbing exploration shall be conducted upon state-owned uplands unless a valid lease has been approved by the Governor and issued by the responsible agency. Agencies may grant permission to conduct mineral activities to more than one company.

The responsible agency will comply with state government policies and procedures. If possible, the designated agency or state organization should use electronic based forms and procedures to promote efficient and speedy processing.

Page 7 Agency Proposal

An agency may propose that minerals on its property should be produced. In this case, the agency proposal must be considered and approved by its governing authority before any activity may take place. If the recommendation is not approved, no further action will be taken.

If the recommendation is approved, the agency shall send the recommendation to DGS and DMME for further action under the remaining provisions of the SMMP.

External Request for Survey or Exploration

Companies may propose to conduct mineral surveys or exploration on state-owned lands.

Such requests must identify the tract(s) proposed for study, the minerals to be investigated, the type, scope, the expected duration of the proposed work, including whether the survey will be a ground-disturbing or non-ground-disturbing, and whether the company wishes to receive an option to lease. The responsible agency may require any additional information, including the submittal of all engineering and geophysical data collected during exploration, and any resulting analysis or findings be submitted to the agency.

The governing authority of the responsible agency receiving a request for a mineral survey or exploration may either accept or reject the proposed activity.

  • If a proposal for non-ground-disturbing survey or exploration is accepted, then the responsible agency will issue such approval to the applicant company. The approval will be on a nonexclusive basis for a time period sufficient to complete the work.
  • If a proposal for ground-disturbing survey or exploration is accepted, then the responsible agency will send the recommendation to DGS, with a copy of the information to the DMME, Division of Mineral Resources. The recommendation will specify the area covered by the survey, the type of work allowed, and any conditions that must be met.

The DGS and DMME, in consultation with affected agencies, will review the request for ground-disturbing survey or exploration. If the DGS and DMME approve, then the responsible agency will issue such approval to the applicant company. Approval for the mineral survey will be conditioned upon completion of all applicable permits. It shall be issued on an exclusive basis, for a time period sufficient to complete the work.

  • If a proposal for a mineral survey with an option to lease is accepted, then the responsible agency will send the recommendation to DGS, with a copy of the information to the DMME, Division of Mineral Resources for further action under the remaining provisions of the SMMP.
  • If the governing authority rejects the proposal, the determination on that proposal will be final.

Page 8 Exemptions to Requirements for Ground Disturbing Surveys

Non-ground disturbing exploration that employs seismic equipment may be conducted along state highways to obtain measurements of gravity, magnetism, and radioactivity without obtaining a mineral survey permit or a lease under this plan. Surveys conducted on state highways right-of-way, however, shall be subject to land use permit requirements of the Virginia Department of Transportation and to all applicable traffic laws. Surveys conducted on roadways of other agencies will be subject to approval by the responsible agency.

The completion of a non-ground disturbing mineral survey does not give subsequent special rights or preference in later exploration.

Airborne geophysical surveys performed over state lands by remote sensing are exempt from this plan.

External Requests for a Mineral Extraction Lease

Companies may propose to extract minerals on state-owned lands. Requests for such a lease must be presented to an agency’s governing authority for action. The proposal must include information on the tracts of land for which the leases are sought and the methods of exploration or extraction to be employed.

The governing authority of the responsible agency receiving a request for a mineral lease may either accept or reject the proposed activity.

  • If a proposal for a mineral lease is accepted, then the responsible agency will send the recommendation to DGS, with a copy of the information to the DMME, Division of Mineral Resources for further action under the remaining provisions of the SMMP.
  • If the governing authority rejects the request, the determination will be final.

C. REVIEW OF PROPOSAL TO LEASE AND ISSUANCE OF REQUEST FOR

PROPOSALS

When DGS receives a request to lease or option to lease from an agency, DGS will review the proposed activity with assistance from DMME, the responsible agency, and other appropriate agencies. The review will encompass compatibility with short and long-term agency goals, potential economic benefits to the state, potential environmental and social impact, and methods for minimizing and mitigating environmental impact.

Lands recommended for leasing will be selected and grouped by DGS and the responsible agency to allow the most efficient exploration, extraction, and reclamation activities, all of which will be performed in accordance with recognized industry and engineering practices and using Page 9 appropriate environmental safeguards. Lands will be grouped in the form of one or more lease units, each of which preferably consists of a single tract or a group of closely associated tracts within a limited area. If individual state-owned tracts within an area of interest are too small or scattered to accommodate a satisfactory exploration or extraction activity for minerals, a successful offeror may be allowed to consolidate the tracts with adjacent nonstate land if the bidder has rights to the minerals on the private land. In general, land selected for lease should be no larger than needed to accommodate the mineral activity.

In the case of tracts being considered for leasing in which the state holds a partial mineral interest, DGS will determine whether the commingling of that interest with the remaining portion of the interest held by other entities is beneficial to the Commonwealth.

The state will not consider leasing any lands in which the state holds a mineral interest but does not hold the surface ownership without obtaining the approval of the surface owner, unless such activity was granted or inferred by law from the document creating the separate mineral and surface estates. A lease issued on such lands may contain stipulations, as may be agreed upon by the state and the surface landowner, to protect the surface owner’s present or proposed use of the land.

Actions on other lands where the state only owns the surface are subject to the terms of the document creating the separate mineral estates, state law or federal law.

If the state owns the surface but does not own the gas, oil or coalbed methane rights on a tract, the responsible agency will, in the case of gas, oil or coalbed methane, receive notice of an application for a permit by a person proposing activities on the property (Virginia Gas and Oil Act, Title 45.1, Chapter 22.1, Code of Virginia). The responsible agency may then concur with or make objection to such activity in accordance with the provisions of the Virginia Gas and Oil Act.

Requests for proposals or bids will be prepared by the responsible agency using the State Agency Procurement and Surplus Property Manual issued by the DGS, Office of Purchase and Supply. The solicitations will include the terms of the lease recommended by the responsible agency, DGS, and DMME.

Requirements of this Plan do not apply to the extraction of gas, oil or coalbed methane on state-owned lands if there is an oil and gas pooling order, unless the well through which extraction will occur is situated on the state-owned land (§ 2.2-1157 of the Code of Virginia.).

No lease will be awarded until the Department of Environmental Quality (DEQ), in cooperation with the responsible agency, determines that the environmental impact statement (EIS) and public-hearing processes have been completed to the satisfaction of the state, or where appropriate, have been waived by the state, and the lease has been approved by the Governor.

Page 10

D. THE ENVIRONMENTAL IMPACT STATEMENT (EIS)

The successful bidder or proposer shall prepare and submit an environmental impact statement (EIS) to DEQ within one year of the recommendation from DGS and DMME. The statement will include the following items as applicable:

The purpose of the proposed activities to be conducted on state-owned land and the need for the proposed action.

A description of the existing environmental setting with regard to the physical conditions, including topography, timber and other vegetation, geology, soils, hydrology, flood potential, climate, and air quality.

A description of the existing environmental setting with regard to biological conditions, including terrestrial and aquatic ecosystems, wetlands, and threatened or endangered species.

A description of the socioeconomic conditions of the surrounding area, including location, population, size and distribution of existing population labor force, existing land uses, community facilities, transportation, and historical, recreational, scenic areas, and archeological sites.

A detailed description of the proposed action and alternatives, including site access and preparation, conduct of exploration, extraction, and related activities, deactivation of activities, and land reclamation.

A description of the environmental impact of the proposed activities, methods, or plans, including any adverse consequences which cannot be avoided, upon each of the existing environmental factors cited in 2, 3, and 4, including but not limited to:

a.

Any polluting substances, which are to be employed or which may result from the proposed operation, and the plan for use, reuse, recycling or disposal of all such substances.

b.

The nature and expected duration of any activity that will produce noise levels which could reasonably be expected to have an adverse impact upon people or wildlife.

c.

The nature and size of any operation that will be visible from any present public roadway or from any major public-use area or viewpoint.

Page 11 d.

The location, length, and width of all roadways that would be constructed upon property owned or held by lease by the state.

e.

The anticipated use of any roadways presently situated within the property to be leased and any upgrades needed, any potential damage to each roadway from such use, and plans to correct any damage.

f.

The location of any proposed clearing of timber, brush, or undergrowth, the size stated in square feet of each area to be so cleared, and the value of the timber and total forest cover and disposition of proceeds.

g.

The location of any areas in which ground-disturbing activities may take place, identifying especially those areas which may adversely affect streams or other waterways or roadways, whether such streams, waterways, or roadways are located within or without the property to be leased.

h.

The nature, size, and location of all areas in which the contour of the land may be altered by proposed operations and the plan for restoring the affected land in accordance with applicable reclamation requirements.

i.

The type and location of excavation or drilling to be employed.

j.

The base length, width, height, number, and proposed location of all ground-disturbing exploration equipment and mining facilities to be employed upon the property to be leased.

k.

The method of installation of any utility, petroleum or gas transmission lines, and the anticipated number and location of all such lines, including a statement of the width of clearing required for the construction of the lines and the maintenance of rights-of-way for all such lines.

l.

The plans for monitoring for leaks or breaks in any petroleum or gas transmission lines on state-owned lands.

A description of mitigating measures proposed to minimize the adverse impact of the proposed activities.

A description of any irreversible environmental changes that would occur as a result of the proposed activities.

Page 12

A list of local, state, and federal permits which are applicable to the proposed operations. (See Appendix D for list of applicable Virginia agencies and resources.)

10.

An executive summary of the EIS report.

Information required in the EIS should be supplied as completely as possible to assist the state in making a determination whether or not to lease. A requirement to address any items that cannot be adequately or specifically addressed in the statement may be made a condition of any lease.

Waiver of Environmental Impact Statement The successful offeror may request that all or part of the EIS be waived providing that:

  • The lessee does not occupy or encroach upon state-owned surface land.
  • The lessee does not extract minerals from beneath state-owned lands in such a manner as to adversely affect the surface or groundwater.
  • The lessee complies with all other requirements imposed by the state relevant to the environmental protection and current and future plans for use of those state-owned lands.

Waiver of any or all of the requirements of the EIS must be made by the responsible agency with the concurrence of DEQ and will be a subject for discussion at the public hearing.

Violation of any EIS conditions included in a lease may be grounds for termination of the lease by the state.

Review of the Environmental Impact Statement The EIS report will be made a matter of public record.

DEQ will distribute the EIS report for review by applicable state agencies. These agencies may request information and clarification to further evaluate the proposed activities.

The statement review process is to be completed within six months after submission by the applicant, unless specifically approved for extension by the Director of DGS.

The applicant must make the statement and the executive summary available for public inspection at least 15 days prior to the required public hearing (§ 2.2-1157 of the Code of Virginia). Copies must be made available for public inspection at the courthouse of the county in which the majority of the land to be leased is located, and at any other location or locations deemed appropriate by DEQ.

Page 13

E. THE PUBLIC HEARING

Following submission of the EIS by the bidder or proposer, a public hearing will be held.

DEQ, in association with the responsible agency, will schedule the hearing at a site readily accessible to the public in the area where the state-owned land is located. The responsible agency will post notice of the hearing in compliance with the Freedom of Information Act. The notice will be posted in electronic form through the Commonwealth Calendar and in the Virginia Register of Regulations. The subject of the hearing will be the contents of the EIS or decision to waive the EIS based on the impact of the proposed mineral activity.

F. LEASE DECISION AND CONDITIONS

If DGS, DMME, DEQ, and the responsible agency, based on the EIS, the record of the public hearing, the recommendations of reviewing agencies, and all other information determine that the proposed mineral activity will not cause irreparable damage to the environment and the responsible agency has received the fees agreed upon in the successful bid, then the directors of DGS and DMME will send their recommendation to lease to the Governor. If the Governor finds that the activity is in the public interest and approves the lease, then the responsible agency may execute the lease through its governing authority.

The lease granted by the responsible agency shall state all rights being conveyed to the lessee along with required duties and responsibilities. In addition, the legal description of the land should include reference to permanent survey reference marks that are readily identifiable in the field. This area will be shown on a map of no less than 1:25,000 in scale.

The lease will address at minimum:

  • The minerals, rock materials, or other mineral fuels (including gaseous fuels) that may be explored for, developed, and produced with the required permits;
  • Minerals being reserved;
  • The rights of the responsible agency and the leasee related to production of co-product or by-product materials;
  • The use or sale of waste materials from mining or processing, including overburden;
  • The use or disposition of any timber;
  • The duration of the lease with any stipulation as to when the exploration or development may begin;
  • The provisions for renewal and rentals;
  • The amount of royalty based upon the value of production and method used to establish the value of production;
  • The allowable fees to be charged against royalties;

Page 14

  • Storage rights for placing oil or gas in underground formations for subsequent extraction and sale of these products (if gas, oil or coalbed methane is subject to the lease);
  • Terms and frequency of any reports to be submitted by the lessee;
  • The rights of the state related to access, use of the tract by the state, transfer of leases; and
  • Reclamation requirements if any exceed minimal regulatory requirements.

A lease shall be issued for specified periods. These periods or terms should be established to allow sufficient lengths of time to promote resource exploration and development.

Depending upon the type of mineral proposed to be developed, it is recommended that the primary term of a lease be for five years at minimum. Typically, oil, gas or metallic mineral mine leases have a primary term of 10 years.

As a requirement of the lease agreement, the lessee will submit to the responsible agency, periodic reports, on the amount, value, and disposition of all minerals extracted or processed.

The responsible agency will have the right to inspect reports to ensure the royalty payments are accurate.

Productive leases in the secondary term may include provisions for minimum annual rentals. If such provisions are established in a lease, a per/acre cost and time line would be set as would be rental cost increases for the duration of the lease. The annual rental charge for a productive lease could be set at a price not less than the per/acre charge for the years in which production does not take place, if the rental exceeds the royalty.

The secondary term of the lease should stipulate the amount of royalty to be received by the State, based upon the value of production of the minerals specified by the lease. Royalties should have a specified minimum and should be based upon terms and conditions set by the Department of Mines, Minerals and Energy. Rentals and royalties payable for lands in which the State owns a fractional interest shall be in the same proportion to the full rentals and royalties as the interest of the State in the minerals underlying the leased lands is to the full mineral interest.

In the event that the property to be leased is in use, the responsible agency should reserve the right to continue use of its property as it desires. This use includes public access, providing that all safety precautions are taken and as long as use does not interfere with operations being conducted by the lessee.

Storage rights for placing oil or gas in underground formations for subsequent extraction and sale of these products are not automatically included in oil and gas leases. The lease should explicitly address this right. Separate agreements for underground storage facilities shall be in accordance with the provisions of this plan.

Page 15 If the proposed activities, when being considered for approval are not fully acceptable, the successful bidder or proposer may, if allowed by the responsible agency, within 30 days submit a revised plan for further consideration. If the successful bidder or proposer and the agencies cited cannot agree upon a mutually acceptable plan, the leasing action shall be terminated by the Department of General Services or responsible agency. In the event of such termination, the amount of that applicant’s lease bid less the cost of the lease sale to the Commonwealth, shall be returned to the unsuccessful applicant. The Department of General Services and the DMME, with the advice of DEQ and the responsible agency, may then elect to consider the application of the next highest bidder or proposer, to call for a new lease sale, or to discontinue the lease effort as deemed appropriate.

Responsible agencies should consider lease renewals on a case-by-case basis. The renewal terms are recommended to be for five years but may be adjusted according to the needs or requirements of the responsible parties. If the option is to renew a lease, renewal could be dependent upon requirements set by the responsible agency that include, but are not limited to, site productivity, rental and royalty payments, and lease and permit compliance.

A lease on state-owned land may not be assigned, subleased, or transferred to any other party in any manner without the written approval of the responsible agency.

G. PERMIT AND BOND REQUIREMENTS

The lease(s) granted as a result of the competitive bid or proposal process do not constitute a permit for the actual conduct of mineral activities upon the leased land. The lessee must obtain all appropriate federal, state, and local permits and approvals necessary for oil and gas drilling, mineral extraction, ground-disturbing exploration, or other mineral activities. The lessee will post bond in the manner and amount required for issuance of such permits or conduct of such activities. The responsible agency may require that the lessee post an additional bond or an increased amount of bond, and may require that the operator obtain liability insurance, with the Commonwealth and appropriate state agencies named as additional insureds. Bonds and insurance should be sufficient to enable the state to conduct necessary remedial action and reclamation, in the event that the lessee fails to comply with approved operational or reclamation plans or lease provisions.

Upon receiving all necessary permits, posting bond, and presenting proof of all necessary approvals to the responsible agency, the lessee may conduct the ground disturbing exploratory activity or extraction. The work must be carried out in full compliance with all laws, rules, regulations, and permit stipulations, and under the conditions stated in the approved lease and EIS. The responsible party conducting the exploration or extraction must perform reclamation of any disturbed areas as required by state agencies and by conditions established in the approved permits, leases, and other agreements.

Page 16 In the event that a person holding a lease has completed exploration and wishes to begin a mineral extraction activity, any and all additional permits must be obtained and conditions stipulated in the lease must be satisfied prior to extraction. Copies of any additional or modified permits must be filed with the responsible agency before extraction activities begin.

H. REPORTING AND OVERSIGHT

Lessees conducting ground-disturbing exploration must provide signed copies of all reports, logs of drilling and coring, well or core hole test data, maps, and other information resulting from the exploration work to DMME, DMR and other agencies as required by the responsible agency or the lease agreement. The responsible agency may approve use of electronic reports in lieu of signed paper copies of required materials.

Extraction of minerals from leased state-owned lands must be conducted in accordance with the terms of the lease, permit conditions, and all rules, regulations, and special stipulations of the federal, state, and local regulatory agencies having jurisdiction over the operations.

In the event that operations are not conducted in the manner approved, the responsible agency will have the right to suspend or terminate any or all phases of such operations if the violations continue after a period of official notice by the agency. Further, the agency may order an immediate cessation of any operations and require any necessary remedial actions by the operator if an environmental problem or a threat to public health and safety appears to exist or be imminent. These actions are in addition to any action that may be taken by a local, state, or federal regulatory agency.

The responsible agency will receive periodic reports, as prescribed in the lease, on the amount, value, and disposition of all mineral materials extracted or processed, and will have the right to inspect reports to ensure the royalty payments are accurate. All production and financial records will be subject to review by the Auditor of Public Accounts for up to three years after completion of the activity.

I.

RECLAMATION OF MINERAL EXTRACTION SITES AND DISPOSITION OF

PROCEEDS

Reclamation of state-owned land upon which ground-disturbing exploration or mineral extraction, processing, and related activities have taken place must be in full accordance with all requirements established in the permits, leases, or other agreements. Bonds or moneys deposited to guarantee performance will not be released until the reclamation (or reclamation phase if applicable) has been approved by the responsible and applicable regulatory agencies. Following closure of the approved mineral activity and satisfactory reclamation, the land should be returned to such use as the responsible agency may deem appropriate.

Page 17 Proceeds from lease sales or leases, above the cost of such sale to the responsible agency and DMME, will be paid into the general fund of the State Treasury, if the sales or leases pertain to general fund agencies or if the property involved was originally acquired through the general fund. The net proceeds from sales or leases of properties of special fund agencies or of properties acquired through gifts to such agency will be retained by the agency or used in accordance with the original terms of the gift, if so stated.

Page 18

IV. APPENDICES

Appendix A Legislative History Appendix B Sections 2.2-1157, 28.2-1200, 28.2-1203 through 1208, 29.1-105, 41.1-3, and 53.1-31 of the Code of Virginia Appendix C Information on State and Federal Requirements for Mineral Mining Activities in Virginia Appendix D State Subaqueous Minerals Management Plan Page 19

APPENDIX A

LEGISLATIVE AND REGULATORY HISTORY

The General Assembly first passed general legislation governing mineral mining on state uplands in 1982. This legislation established procedural requirements for mineral surveys, exploration, leasing, and extraction activities on state-owned lands. It also empowered all state agencies to execute mineral leases or contracts approved by the Governor, and specified the payment of net proceeds from sales and leases to the general fund or to special fund agencies in accordance with the land classification.

The law further mandated that a State Minerals Management Plan (SMMP) be developed by the Department of General Services, Division of Engineering and Buildings (DGS), with the assistance of affected state agencies. The resulting plan, completed in 1983, provided guidelines for mineral surveys, exploration, leasing, and extraction, initiated by the agencies or by private companies or individuals. The legislation also directed the Governor to determine whether proposed mineral exploration, leasing, or extraction of minerals on state-owned uplands is in the public interest. State agencies may execute such mineral leases or contracts that have been approved by the Governor.

The 1986 amendments narrowed the 1984 definition of state-owned uplands to "lands which lie landward of the mean low water mark in tidal areas and which have an elevation above the ordinary water level in non-tidal areas." The amendments provided that mining, leasing, and extraction activities on state-owned submerged lands are to be administered by the Marine Resources Commission pursuant to § 28.2-1208 of the Code. The 1986 amendment to this section directed the Marine Resources Commission, in cooperation with the Division of Mineral Resources (DMR) of the Department of Mines, Minerals and Energy and with the assistance of affected state agencies, departments and institutions, to develop a State Subaqueous Minerals Management Plan to supplement the existing State Minerals Management Plan. The State Subaqueous Plan was prepared accordingly and incorporated in 1987 as a supplement to the State Minerals Management Plan. The SMMP was revised at the same time to reflect this and other changes.

This supplemental plan adds all state-owned submerged land to the processes described in the SMMP. This is an area roughly the size of the State of Delaware, encompassing 2,300 square miles of water surface and 1,472,000 acres of state-owned bottom lands.

The Virginia Marine Resources Commission (VMRC) is the responsible agency for all state-owned bottom lands except Back Bay and the North Landing river. In that area, the Department of Game and Inland Fisheries is the responsible agency.

APPENDIX A - PAGE 1 In 1993, the General Assembly amended the provisions governing State Subaqueous Minerals Management Plan to require environmental impact reports to be completed and reviewed by the appropriate agency of the Commonwealth. Leases were made subject to approval by the Attorney General.

Governors have issued Executive Orders delegating authority for determining whether mineral exploration, leasing or extraction is in the public interest, and approval of leases or contracts typically, to the Secretary of Administration. Anyone wishing current information regarding delegation of authority may contact DMME.

APPENDIX B – PAGE 2

APPENDIX B CODE OF VIRGINIA SECTIONS § 2.2-1157. Exploration for and extraction of minerals on state-owned uplands.

A. The Department of Mines, Minerals and Energy, in cooperation with the Division, shall develop, with the assistance of affected state agencies, departments, and institutions, a State Minerals Management Plan (the "Plan"). The Plan shall include provisions for the holding of public hearings and the public advertising for competitive bids or proposals for mineral exploration, leasing, and extraction activities on state-owned uplands. Sales of mineral exploration permits and leases for these lands shall be administered by the Division, with the advice of the Department of Mines, Minerals and Energy.

B. Upon receiving the recommendation of both the Director of the Department of General Services and the Director of the Department of Mines, Minerals and Energy, the Governor shall determine whether the proposed mineral exploration, leasing, or extraction of minerals on state-owned uplands is in the public interest. No state-owned uplands shall be approved for mineral exploration, leasing, or extraction without a public hearing in the locality where the affected land or the greater portion thereof is located and a competitive bid or proposal process as described in the Plan. The provisions of this section shall not apply to the extraction of minerals on state-owned uplands pursuant to an oil or gas pooling order unless the well through which the extraction will occur is situated on such land.

For purposes of this section, "state-owned uplands" means lands owned by the Commonwealth that (i) lie landward of the mean low water mark in tidal areas or (ii) have an elevation above the average surface water level in nontidal areas.

C. The agencies, departments, or institutions proposing or receiving applications for mineral exploration, leasing or extraction on state-owned uplands shall, through their boards or commissions, recommend as specified in subsection B of § 2.2-1156 all such activities to the Division following guidelines set forth in the Plan. The Division and the Department of Mines, Minerals and Energy shall review and recommend to the Governor such proposed activities. Such agencies, departments or institutions, through their boards or commissions, may execute the leases or contracts that have been approved by the Governor.

D. The proceeds from all such sales or leases above the costs of the sale to the Department of Mines, Minerals and Energy or to the agency, department or institution sponsoring the sale shall be paid into the general fund of the state treasury, so long as the sales or leases pertain to general fund agencies or the property involved was originally acquired through the general fund. Net proceeds from sales or leases of special-fund agency properties or property acquired through a gift shall be retained by such agency or institution or used in accordance with the original terms of the gift if so stated.

E. Mining, leasing, and extraction activities in state-owned submerged lands shall be authorized and administered by the Virginia Marine Resources Commission pursuant to § 28.2-100 et seq.

APPENDIX B – PAGE 1 (1982, c. 238, § 2.1-512.1; 1984, c. 750; 1986, c. 488; 2001, c. 844.) § 10.1-111. Removal of minerals.

The Director, with the approval of the Governor, is authorized to make and execute leases, contracts or deeds in the name of the Commonwealth, for the removal or mining of minerals that may be found in Departmental lands whenever it appears to the Director that it would be in the best interest of the Commonwealth to dispose of these minerals. Before any deed, contract or lease is made or executed, it shall be approved as to form by the Attorney General, and bids therefor shall be received after notice by publication once each week for four successive weeks in two newspapers of general circulation. The Director shall have the right to reject any or all bids and to readvertise for bids. The accepted bidder shall give bond with good and sufficient surety to the satisfaction of the Director, and in any amount that the Director may fix for the faithful performance of all the conditions and covenants of the lease, contract or deed. The proceeds arising from any contract, deed, or lease shall be deposited into the state treasury to the credit of the Conservation Resources Fund established in § 10.1-202. (1978, c. 835, § 10-17.114; 1980, c. 451; 1984, c. 739; 1987, c. 453; 1988, c. 891.) § 28.2-1200. Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common.

All the beds of the bays, rivers, creeks and the shores of the sea within the jurisdiction of the Commonwealth, not conveyed by special grant or compact according to law, shall remain the property of the Commonwealth and may be used as a common by all the people of the Commonwealth for the purpose of fishing, fowling, hunting, and taking and catching oysters and other shellfish. No grant shall be issued by the Librarian of Virginia to pass any estate or interest of the Commonwealth in any natural oyster bed, rock, or shoal, whether or not it ebbs bare. (Code 1950, § 62-1; 1960, c. 533; 1968, c. 659, § 62.1-1; 1992, c. 836; 1995, c. 850; 1998, c. 427.) § 28.2-1203. Unlawful use of subaqueous beds; penalty.

A. It shall be unlawful for any person to build, dump, trespass or encroach upon or over, or take or use any materials from the beds of the bays, ocean, rivers, streams, or creeks which are the property of the Commonwealth, unless such act is performed pursuant to a permit issued by the Commission or is necessary for the following:

  1. Erection of dams, the construction of which has been authorized by proper authority;
  2. Uses of subaqueous beds authorized elsewhere in this title;

APPENDIX B – PAGE 2

  1. Construction and maintenance of congressionally approved navigation and flood-control projects undertaken by the United States Army Corps of Engineers, the United States Coast Guard, or other federal agency authorized by Congress to regulate navigation, navigable waters, or flood control;
  2. Construction of piers, docks, marine terminals, and port facilities owned or leased by or to the Commonwealth or any of its political subdivisions;
  3. Except as provided in subsection D of § 28.2-1205, placement of private piers for noncommercial purposes by owners of the riparian lands in the waters opposite those lands, provided that the piers do not extend beyond the navigation line or private pier lines established by the Commission or the United States Army Corps of Engineers. Subject to any applicable local ordinances, such piers may include an attached boat lift and an open-sided roof designed to shelter a single boat slip or boat lift. In cases in which such roofs will exceed 700 square feet in coverage, and in cases in which an adjoining property owner objects to a proposed roof structure, permits shall be required as provided in § 28.2-1204; or
  4. Agricultural, horticultural or silvicultural irrigation on riparian lands or the watering of animals on riparian lands, provided that (i) no permanent structure is placed on or over the subaqueous bed, (ii) the person withdrawing water complies with requirements administered by the Department of Environmental Quality under Title 62.1, and (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in § 62.1-10.

B. A violation of this section is a Class 1 misdemeanor. (Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992, c. 836; 1998, c. 605; 2000, c. 167; 2001, c. 234.) § 28.2-1204. Authority of Commission over submerged lands.

The Commission is authorized to:

  1. Issue permits for all reasonable uses of state-owned bottomlands not authorized under subsection A of § 28.2-1203, including but not limited to, dredging, the taking and use of material, and the placement of wharves, bulkheads, and fill by owners of riparian land in the waters opposite their lands, provided such wharves, bulkheads, and fill do not extend beyond any lawfully established bulkhead lines;
  2. Issue permits to recover underwater historic property pursuant to §§ 10.1-2214 and 28.2-1203; and
  3. Establish bulkhead and private pier lines on or over the bays, rivers, creeks, streams, and shores of the ocean which are owned by or subject to the jurisdiction of the Commonwealth for this purpose, and to issue and publish maps and plats showing these lines; however, these lines shall not conflict with those established by the United States Army Corps of Engineers.

APPENDIX B – PAGE 3 (Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992, c. 836.) § 28.2-1205. Permits for the use of state-owned bottomlands.

A. When determining whether to grant or deny any permit for the use of state-owned bottomlands, the Commission shall be guided in its deliberations by the provisions of Article XI, Section I of the Constitution of Virginia. In addition to other factors, the Commission shall also consider the public and private benefits of the proposed project and shall exercise its authority under this section consistent with the public trust doctrine as defined by the common law of the Commonwealth adopted pursuant to § 1-10 in order to protect and safeguard the public right to the use and enjoyment of the subaqueous lands of the Commonwealth held in trust by it for the benefit of the people as conferred by the public trust doctrine and the Constitution of Virginia.

The Commission shall also consider the project's effect on the following:

  1. Other reasonable and permissible uses of state waters and state-owned bottomlands;
  2. Marine and fisheries resources of the Commonwealth;
  3. Tidal wetlands, except when this has or will be determined under the provisions of Chapter 13 of this title;
  4. Adjacent or nearby properties;
  5. Water quality; and
  6. Submerged aquatic vegetation (SAV).

B. The Commission shall consult with other state agencies, including the Virginia Institute of Marine Science, the State Water Control Board, the Virginia Department of Transportation, and the State Corporation Commission, whenever the Commission's decision on a permit application relates to or affects the particular concerns or activities of those agencies.

C. No permit for a marina or boatyard for commercial use shall be granted until the owner or other applicant presents to the Commission a plan for sewage treatment or disposal facilities which has been approved by the State Department of Health.

D. A permit is required and shall be issued by the Commission for placement of any private pier measuring 100 or more feet in length from the mean low-water mark, which is used for noncommercial purposes by an owner of the riparian land in the waters opposite the land, and that traverses commercially productive leased oyster or clam grounds, as defined in § 28.2-630, provided that the pier does not extend beyond the navigation line established by the Commission or the United States Army Corps of Engineers. The permit may reasonably prescribe the design and location of the pier for the sole purpose of minimizing the adverse impact on such oyster or clam grounds or the harvesting or propagation of oysters or clams therefrom. The permit shall APPENDIX B – PAGE 4 contain no other conditions or requirements. Unless information or circumstances materially alter the conditions under which the permit would be issued, the Commission shall act within ninety days of receipt of a complete joint permit application to approve or deny the application. If the Commission fails to act within that time, the application shall be deemed approved and the applicant shall be notified of the deemed approval.

E. All permits issued by the Commission for the use of state-owned bottomlands or to recover underwater historic property shall be in writing and specify the conditions, terms and royalties which the Commission determines are appropriate.

F. Any person aggrieved by a decision of the Commission under this section is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

However, any decision made by the Commission hereunder consistent with the public trust doctrine as defined by the common law of the Commonwealth adopted pursuant to § 1-10 shall not be deemed to have been made pursuant to the police power. Nothing in this subsection shall be construed to deprive a riparian landowner of such rights as he may have under common law. (Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992, c. 836; 1996, c. 228; 1999, c. 741; 2000, c. 167; 2001, c. 72.) § 28.2-1206. Permit fees; royalties; exemptions.

A. The fee paid to the Commission for issuing each permit to recover underwater historic property shall be twenty-five dollars.

B. The fee paid to the Commission for issuing each permit to use state-owned bottomlands shall be twenty-five dollars, but if the cost of the project is to exceed $10,000, the fee paid shall be $100. Commercial facilities engaged in the primary business of ship construction and repair may elect to pay a one-time permit fee of up to $5,000 in lieu of any other royalties, except that royalties for removal of bottom material shall be charged as provided in subsection C.

C. When the activity or project for which a permit is requested will involve the removal of bottom material, the application shall indicate this fact. If granted, the permit shall specify a royalty of not less than twenty cents, nor more than sixty cents, per cubic yard of bottom material removed. In fixing the amount of the royalty, the Commission shall consider, among other factors, the following:

  1. The primary and secondary purposes for removing the bottom material;
  2. Whether the material has any commercial value and whether it will be used for any commercial purpose;
  3. The use to be made of the removed material and any public benefit or adverse effect upon the public which will result from the removal or disposal of the material;
  4. The physical characteristics of the material to be removed; and

APPENDIX B – PAGE 5

  1. The expense of removing and disposing of the material.

D. Where it appears that the project or facility for which a permit application is made has been completed or work thereon commenced at the time application is made, the Commission may impose additional assessments not to exceed an amount of three times the normal permit fee and royalties.

E. Bottom material removed attendant to maintenance dredging shall be exempt from any royalty. The Virginia Department of Transportation shall be exempt from all fees and royalties otherwise assessable under this section. All counties, cities, and towns of the Commonwealth shall pay the required permit fee but shall be exempt from all other fees and royalties assessable under this section if the permit is issued prior to the commencement of any work to be accomplished under the permit.

F. All fees and royalties collected pursuant to this chapter on and after July 1, 2000, shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund. (Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992, c. 836; 2000, c. 1056.) § 28.2-1207. Authority to approve permits for encroachment on subaqueous beds; notice.

A. Any application for a permit to trespass upon or over or encroach upon subaqueous beds which are the Commonwealth's property may be approved by the Commissioner or his authorized representative if the application meets the requirements of §§ 28.2-1205 and 28.2-1206 and the following criteria are satisfied:

  1. The total value of the project does not exceed $50,000;
  2. The application is not protested by any citizen or objected to by any state agency; and
  3. The project for which the permit is sought will not require any other permit from the Commission.

B. If the permit application is for a shore erosion control project recommended by the soil and water conservation district in which the project is to be located and the criteria listed in subsection A of this section are satisfied, the Commission may, after giving notice of the application to the Virginia Institute of Marine Science, approve the application without giving notice to or awaiting the approval of any other state agency.

C. The Commission shall, in conjunction with affected state and federal agencies, develop an expedited process for issuing general permits for activities that are intended to improve water quality such as bioengineered streambank projects and livestock stream crossings, and for activities required during emergencies in which a determination has been made that there is a threat to public or private property, or to the health and safety of the public. The development of APPENDIX B – PAGE 6 the general permit shall be exempt from Article 2 (§ 2.2-4007 et seq.) of the Administrative Process Act. (1972, c. 398, § 62.1-3.01; 1973, c. 350, § 62.1-3.02; 1980, c. 312; 1984, c. 246; 1992, c. 836; 1997, c. 845.) § 28.2-1208. Granting easements in or leasing the beds of certain waters.

A. The Marine Resources Commission may, with the approval of the Attorney General and the Governor, grant easements in or lease the beds of the waters of the Commonwealth outside of the Baylor Survey. Every easement or lease executed pursuant to this section shall be for a period not to exceed five years and shall specify the rent royalties and such other terms deemed expedient and proper. Such easements and leases may include the right to renew the same for an additional period not to exceed five years, and, in addition to any other rights, may authorize the grantees and lessees to prospect for and take from the bottoms covered thereby, oil, gas, and other specified minerals and mineral substances. However, no easement or lease shall in any way affect or interfere with the rights vouchsafed to the people of the Commonwealth concerning fishing, fowling, and the catching and taking of oysters and other shellfish in and from the leased bottoms or the waters above.

B. All easements granted and leases made pursuant to this section shall be executed for, and in the name and on behalf of, the Commonwealth by the Attorney General and shall be countersigned by the Governor.

C. All rents or royalties collected from such easements or leases on and after July 1, 2000, shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.

D. Prior to December 1 of each year, the Commissioner and the Attorney General shall make reports to the General Assembly on all easements and leases executed pursuant to this section during the preceding twelve months.

E. The Commission shall, in cooperation with the Division of Mineral Resources of the Department of Mines, Minerals and Energy and with the assistance of affected state agencies, departments and institutions, maintain a State Subaqueous Minerals Management Plan which shall supplement the State Minerals Management Plan set forth in § 2.2-1157. The State Subaqueous Minerals Management Plan shall include provisions for (i) the holding of public hearings, (ii) public advertising for competitive bids or proposals for mineral leasing and extraction activities, (iii) preparation of environmental impact reports to be reviewed by the appropriate agency of the Commonwealth, and (iv) review and approval of leases by the Attorney General and the Governor as required by subsection A. The environmental impact reports shall address, but not be limited to:

  1. The environmental impact of the proposed activity;

APPENDIX B – PAGE 7

  1. Any adverse environmental effects which cannot be avoided if the proposed activity is undertaken;
  2. Measures proposed to minimize the impact of the proposed activity;
  3. Any alternative to the proposed activity; and
  4. Any irreversible environmental changes which would be involved in the proposed activity.

For the purposes of subdivision 4 of this subsection, the report shall contain all alternatives considered and the reasons why the alternatives were rejected. If a report does not set forth alternatives, it shall state why alternatives were not considered. (Code 1950, § 62-3; 1958, c. 290; 1962, c. 637; 1968, c. 659, § 62.1-4; 1986, c. 488; 1992, c. 836; 1993, c. 644; 2000, c. 1056.) § 29.1-105. Lease or contract respecting land or buildings.

The Board is authorized, with the approval of the Governor, to enter into contracts respecting or to lease any land or buildings leased or owned by it to private persons, corporations, associations, other governmental agencies, public authorities duly created by law or political subdivisions of the Commonwealth. The contracts or leases shall be (i) upon terms and conditions as deemed advisable by the Board, (ii) in a form to be approved by the Attorney General, and (iii) consistent with the powers, authority and responsibilities of the Board. If any such lease or contract is to be effective for a term of more than five years, it shall be authorized only after a public hearing by the Board. All amounts received pursuant to leases and contracts hereunder shall be deposited in the state treasury to the credit of the game protection fund. (1970, c. 406, § 29-11.1; 1972, c. 520; 1973, c. 4; 1978, c. 835; 1979, c. 140; 1987, c. 488.) § 41.1-3. Grants of certain lands, etc., to be void; such lands, etc., under control of Governor.

No grant shall be valid or effectual in law to pass any estate or interest in (i) any lands unappropriated or belonging to the Commonwealth, which embrace the old magazine at Westham, or any stone quarry now worked by the Commonwealth, or any lands which are within a mile of such magazine, or any such quarry; (ii) any ungranted beds of bays, rivers, creeks and the shores of the sea under § 28.2-1200; (iii) any natural oyster bed, rock, or shoal, whether such bed, rock, or shoal shall ebb bare or not; (iv) any islands created in the navigable waters of the Commonwealth through the instrumentality of dredging or filling operations; (v) any islands which rise from any lands which are property of the Commonwealth under § 28.2-1201; or (vi) any ungranted shores of the sea, marsh or meadowlands as defined in § 28.2-1500. Every such grant for any such lands, islands, bed, rock, or shoal shall be absolutely void; however, this section shall not be construed to affect the title to grants issued prior to March 15, 1932. Such magazine and every such stone quarry and the lands of the Commonwealth adjacent to or in their APPENDIX B – PAGE 8 neighborhood, shall be under the control of the Governor, who may make such regulations concerning the same as he may deem best for the interests of the Commonwealth. (Code 1950, § 41-8; 1970, c. 291; 1991, c. 378; 1995, c. 850.) § 53.1-31. Sale or lease of gas, oil or minerals.

The Director, with the approval of the Board, is empowered to make and execute contracts, easements and leases in the name of the Commonwealth for the removal or mining of gas, oil or any valuable minerals that may be found in any real estate, title of which is vested in the Board, whenever it appears to the Board that it will be in the best interest of the Commonwealth to make such disposition of such gas, oil or minerals. Before a contract, easement or lease is made, the same shall be approved by the Governor, and any contract, easement or lease shall be approved as to form by the Attorney General.

Bids therefor shall be received after notice by publication once a week for four successive weeks in at least two newspapers of general circulation. The Director shall have the right to reject any or all bids and to readvertise for bids. The accepted bidder shall give bond with good and sufficient surety to the satisfaction of the Director and in such amount as he may fix for the faithful performance of all the conditions and covenants of such contract, easement or lease.

Each such contract, easement or lease may be for a period not exceeding five years, may include the right to renew the same for an additional period not exceeding five years each and shall specify the rent royalties and other terms deemed expedient and proper. Such contracts, easements and leases may, in addition to any other rights, authorize the grantees and lessees to prospect for and take from the real estate oil, gas and such other minerals as are therein specified.

No such contract, easement or lease shall in any way affect or interfere with the orderly operation of any state correctional facility. All rents or royalties collected from such contracts, easements or leases shall be paid into the state treasury to the credit of the general fund. (Code 1950, § 53-19.38:1; 1978, c. 474; 1982, c. 636; 1984, c. 734; 1989, c. 733.)

APPENDIX B – PAGE 9

APPENDIX C

INFORMATION ON STATE REQUIREMENTS

FOR MINERAL MINING IN VIRGINIA

Type of Information Needed Agency to Contact

Dredging navigable waters and wetland disturbance U.S. Army Corps of Engineers/Virginia Marine joint permitting process Resource Commission (VMRC)/Department of Environmental Quality (DEQ)

Pesticide distribution and application, endangered Department of Agriculture and Consumer Services plants and insects

Impacts on the Chesapeake Bay Chesapeake Bay Local Assistance Department

Impact on recreation resources and unique habitats, Department of Conservation and Recreation non-point source water pollution, storm water management

Air pollution emissions DEQ, Air Programs*

Point-source discharges to waters from other than DEQ. Water Programs* coal mines, discharge of dredge or fill material in waterways, underground or surface petroleum storage tanks, groundwater withdrawal

Oil and gas activity in Tidewater DEQ, Environmental Impact Review Office*

Treatment, storage, disposal or transportation of DEQ, Waste Programs* solid or hazardous waste, landfill activities, incineration of wastes, reclamation of non-hazardous wastes, composting

Impact on state forests, Seed Tree Law Department of Forestry

Effect on fish and endangered animals Department of Game and Inland Fisheries

Protection of public or private water supply, Department of Health drinking water quality, disposal of biosolids

Protection of historic structures and archaeological Department of Historic Resources resources

Construction and disturbances in waterways and VMRC wetlands, activities affecting state-owned subaqueous lands

APPENDIX C – PAGE 1 Type of Information Needed Agency to Contact

Gas, oil, or coalbed methane exploration or DMME, Division of Gas and Oil extraction operations, plugging, and reclamation

Coal mining operations and reclamation, point DMME, Division of Mined Land Reclamation source discharges to waters from coal mines

Mineral mining (non fuel) operations and DMME, Division of Mineral Mining reclamation

Entrance and access to public highways from Virginia Department of Transportation mineral extraction sites, use of public highways by trucks, vibrioses on highway right-of-ways

  • See the Business and Industry Guide to Environmental Permits in Virginia, available from the DEQ.

APPENDIX C – PAGE 2APPENDIX D

SUBAQUEOUS MINERALS MANAGEMENT PLAN

COMMONWEALTH OF VIRGINIA

Guidelines for Mineral Activities on State-owned Subaqueous Lands

Prepared by the VIRGINIA MARINE RESOURCES COMMISSION in cooperation with the DEPARTMENT OF MINES, MINERALS AND ENERGY and the

DEPARTMENT OF GENERAL SERVICES

APPENDIX D

TABLE OF CONTENTS

Section

Page

I.

Definitions............................................................................................................................2

II.

Statutory Requirements Governing the State Subaqueous Minerals Management Plan .................................................................................................................2

III.

Submerged Land Mining under the State Subaqueous Minerals Management Plan ......................................................................................................................................3

APPENDIX D – PAGE 1

SUBAQUEOUS MINERALS MINING, LEASING AND EXTRACTION IN VIRGINIA

I. DEFINITIONS

Terms are defined the same as in the State Minerals Management Plan (SMMP).

II. STATUTORY REQUIREMENTS

The Commonwealth of Virginia's requirements for leasing and extraction of minerals on state-owned lands are set forth in law and in this minerals management plan for state-owned uplands and submerged lands. They enable state agencies and institutions to respond consistently and efficiently to requests for mineral surveys, exploration, leasing, and extraction on state-owned lands.

State Subaqueous Minerals Management Plan

The Code of Virginia (§ 28.2-1208) requires that mining, leasing, and extraction activities on state-owned submerged lands be authorized and administered by the Virginia Marine Resources Commission (VMRC), with the approval of the Attorney General and the Governor.

The only exceptions are the Back Bay and the North Landing River, which are managed by the Department of Game and Inland Fisheries instead of the VMRC.

The Code of Virginia directs the VMRC, in cooperation with the Department of Mines, Minerals and Energy, and with the assistance of affected state agencies, departments, and institutions, to maintain a State Subaqueous Minerals Management Plan (SSMMP). The VMRC acts as the lead agency over leasing and extraction activities and performs procurement functions in the same capacity as the Department of General Services in the SMMP.

Leases or easements shall be for a period not to exceed five years and may include the right to renew for an additional period not to exceed five years. The lease or easement shall specify the rent royalties and other terms specified by the VMRC. In addition to any other rights, the lease shall authorize the grantees and lessees to prospect for and take from the bottom soil, gas, and other specified minerals. However, no easement or lease may affect or interfere with the rights of the public concerning fishing, fowling, catching and taking oysters and other shellfish from the leased bottoms or waters above.

Leases and easements require the signature of the Attorney General and the Governor.

The Secretary of Natural Resources may approve, with the consent of the Attorney General, easements and leases of beds of state waters that are recommended by the VMRC (under Executive Order 88 (01)). All rents or royalties collected from such easements or leases shall be paid into the state treasury and credited to the Public Oyster Rocks Replenishment Fund.

APPENDIX D - PAGE 2 The subaqueous plan contains the same provisions for public hearings and public advertising for competitive bidding or proposals as the SMMP. In addition, it incorporates the existing joint federal-state-local permitting process for activities in state waters.

Persons wishing to extract minerals from state-owned subaqueous lands may obtain either a permit or a lease and a permit from the VMRC. When considering a permit application, the VMRC is guided by the provisions of Article XI, Section I of the Constitution of Virginia and shall consider the public and private benefits of the mining and its effect on:

Other reasonable and permissible uses of state waters and state-owned bottom lands;

Marine and fisheries resources of the Commonwealth;

Tidal wetlands, except when this has or will be determined under the provisions of Chapter 13 of Title 28.2;

Adjacent and nearby properties; and

Water quality.

The VMRC will consult with other state agencies who may be affected by the operation proposed in a permit application and with DMME, which serves as the mining regulatory authority.

III. SUBMERGED LAND MINING

UNDER THE

SUBAQUEOUS MINERALS MANAGEMENT PLAN

The State Subaqueous Minerals Management Plan supplements the State Minerals Management Plan. The Virginia Marine Resources Commission (VMRC) authorizes and oversees mining, leasing, and extraction of minerals on state-owned submerged lands and grants permits for the use of such land use.

Application for a mineral survey or exploration permit or permit to remove landfill material, sand or gravel may be made to the VMRC under the provision of the Code of Virginia § 28.2-1207, while a lease or easement may be granted under § 28.2-1208 and the State Minerals Management Plan.

A § 28.2-1208 easement or lease is needed to obtain oil, gas (except if covered under a Virginia Gas and Oil Board pooling order), minerals or other substances in the beds of the waters outside the Baylor Survey. However, to remove and sell landfill material, sand or gravel, only a § 28.2-1205 permit is required, not a SMMP lease.

Applications to conduct a mineral survey or exploration affecting state waters or state-owned subaqueous land must be submitted to VMRC, Habitat Management Division, on APPENDIX D - PAGE 3 applicable portions of the joint permit application form described in §§ 28.2-1205 through 1207 of the Code of Virginia. VMRC will forward copies of the completed application to:

  • U.S. Army Corps of Engineers
  • Department of Mines, Minerals and Energy
  • Department of Environmental Quality
  • Virginia Institute of Marine Science
  • Department of Health, Bureau of Shellfish Sanitation
  • Department of Conservation and Recreation
  • Local wetlands board(s)

The application will undergo the same public interest review required of any application for a permit to encroach in, on, or over state-owned bottoms pursuant to § 28.2-1208 of the Code.

The requirements of the SMMP shall apply and the VMRC shall act in the same manner and capacity as the Department of General Services.

In the case of a nonground-disturbing survey, where no disturbance to state-owned bottoms will occur and no impact to living resources will result, a letter request may be acceptable to VMRC.

The VMRC shall evaluate and review the proposal and comments from each agency to determine if the proposal is in the best interest of the public.

Neither the competitive bidding and proposal processes nor the public hearing requirement shall apply to the extraction of natural gas or oil pursuant to a pooling order issued by the Virginia Gas and Oil Board, unless the well through which the extraction will occur is situated on or over state-owned subaqueous lands.

If the VMRC recommends approving a five-year renewable lease under § 28.2-1208 of the Code, the process outlined in the SMMP will be followed.

APPENDIX D - PAGE 4

Mining Permit Amendments and Reporting GuidelinesDoc ID: DMLR-G-19-07

Original: 1,370 words
Condensed: 1,008 words
Reduction: 26.4%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 19-07 Issue Date: November 16, 2007, Revised April 21, 2008 Subject: Acreage Amendments, Anniversary Reports, and Temporary Cessations

The following concerns the permitting processes for acreage amendments, anniversary reports, and temporary cessations.

ACREAGE AMENDMENTS

Effective December 1, 2007, permittees applying for an acreage amendment2 to a permit participating in the Coal Surface Mining Reclamation Fund under Part 4VAC25-130-801 of the Virginia Coal Surface Mining Reclamation Regulations will be required to submit the applicable reclamation fund entrance fee required by §4VAC25-130-801.12(a). In addition, the permittee will be required to pay the applicable reclamation fund taxes as provided by §4VAC25-130-801.14 (a) and (e) for coal produced in the acreage amendment area.

The requirement to submit the entrance fees set by §4VAC25-130-801.12(a) will not be assessed for those acreage amendment applications that were filed with the Division (and for which public notice was published) prior to December 1, 2007. However, the reclamation taxes required by §4VAC25-130-801.14 (a) and (e) will apply.

ANNIVERSARY REPORTS

Effective January 1, 2008, anniversary reports should be submitted in an electronic application to the Division at least 45 days before the permit’s anniversary date. This will allow the Division time to review the reports and request any necessary corrections prior to the anniversary date.

These sections of the electronic application should be completed –

  1. Section I
  2. Section II 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 An Acreage Amendment is designated as “AA” in the electronic permit application.

GUIDANCE MEMORANDUM No. 19-07 Revised: April 21, 2008 Subject: Acreage Amendments, Anniversary Reports, and Temporary Cessations Page 2 of 4

  1. Section III
  2. Section VII (make the necessary acreage changes if corrections are required)
  3. Section IX (attach the electronic copy of the seeding report3 in Item 9.4)
  4. Section XVII (if the haulroad construction and design needs to be addressed per Guidance Memorandum 10-054)
  5. Section XIX (if changes in the bonding plan are required due to acreage corrections)
  6. Section XXI (attach completed forms DMLR-PT-034D and DMLR-PT-028 and annual impoundment/pond certifications in Item #21.1, required maps in Item # 21.2, map legends in Item # 21.4, and a drawing in 21.5) 5

Anniversary Maps

Except for the exclusions noted below, an anniversary map should be included with the anniversary report submitted to DMLR. The map should:

1) Be submitted at a scale of 1” = 400’ 2) Include a completed map legend (DMLR-PT-017) with appropriate information that corresponds with the anniversary report (DMLR-PT-028) (including the “Since Permit Issuance” data). 3) Be color coded per the map legend (DMLR-PT-017) to reflect actual field conditions at the time the report is prepared. 4) Provide the “Linear and Square Feet of Highwall Eliminated” for remining areas, if applicable and in the corresponding fields on the map legend (DMLR-PT-017). 5) Reflect any changes in the permit boundary since the last approved permitting action. 6) Acreages for ponds should be calculated as disturbed acres until the respective pond area has been reclaimed and vegetated.

Exclusions 1) An annual extent of underground mine works map will not be required for DMLR. 2) If the surface operation has not changed from the previous year (site in temporary cessation or a deep mine face-up area) no anniversary map will be required.

Primary Road Requirements In reviewing the anniversary material, the Inspector will determine if there have been any changes in the primary roads since the last anniversary, renewal, or other permitting action (see Guidance Memorandum #10-056). If the Inspector determines there has been a change in the 3 Seeding Report – DMLR-PT-011 4 http://www.dmme.virginia.gov/DMLR/Adobe/10-05ReqHaulroadConst.pdf 5 Refer to the Electronic Permitting Application Guide for detailed instructions.

6 Should you have any questions regarding road classifications, please contact the DMLR’s Reclamation Services Manager at (276) 523-8197.

GUIDANCE MEMORANDUM No. 19-07 Revised: April 21, 2008 Subject: Acreage Amendments, Anniversary Reports, and Temporary Cessations Page 3 of 4

primary road designations, an update will be required. The Inspector will instruct the permittee to submit the updated haulroad information (i.e., map, plans, and as-built certification) as attachments in the proper section of the anniversary report application. Upon submittal, the revision application will be reviewed in accordance with DMLR permit review procedures.

Certifications

1) Annual impoundment/pond certifications are to be submitted with the Anniversary Report (2 copies – original and the Inspector’s copy). 2) Haulroads - See above regarding primary roads.

Seeding Reports

If seeding has been conducted or trees planted since the last anniversary report or renewal, a seeding report (DMLR-PT-011) will need to be completed and submitted with the anniversary map and report. The acreages noted on the seeding report should correspond with those listed on the anniversary report, map, and map legend.

DMLR Review

The field Inspector will review and initial the anniversary report and certifications prior to submittal to DMLR’s office.

In the event the Inspector determines a discrepancy exists concerning the anniversary materials and the actual field conditions, the Inspector will require the permittee to correct the information prior to submitting the materials to the DMLR’s Big Stone Gap office.

Once received by the DMLR office, the anniversary materials will be routed to the Permit Review Specialist and Engineering Technician for detailed review.

Anniversary Fees7

Upon approval of the anniversary report, the DMLR will notify the permittee by certified mail of the required anniversary fees. The fees will be in the amount of $13.00 per acre multiplied by the total number of acres disturbed since permit issuance, or portion thereof (e.g. 25.10 acres = 26 acres rounded up X $13.00 = $338.00). Payment shall be submitted to the Division by cash, check, or money order. A check or money order should be made payable to the “Treasurer of Virginia.” 7 See Guidance Memorandum #6-03, Permit Fees, issued May 12, 2003.

GUIDANCE MEMORANDUM No. 19-07 Revised: April 21, 2008 Subject: Acreage Amendments, Anniversary Reports, and Temporary Cessations Page 4 of 4

Effective July 1, 2008, the DMLR’s Permitting section will notify the permittee in writing of the applicable anniversary fees of $ 300.00 for each NPDES discharge outfall of the permit, as required under §45.1-254C8.

TEMPORARY CESSATIONS

Effective immediately, the Division will discontinue reviewing and approving temporary cessation requests and applications for areas that have been in temporary cessation status for an extensive period of time.

The maximum period that the Division will grant for a temporary cessation request is 2 ½ years. This includes permits which have active mining operations and area(s) in temporary cessation. The permittee may submit a request to the Division to extend the temporary cessation status for an additional period up to 2 ½ years, not to exceed the permit’s expiration date. The request should include detailed justification as to why an extension is warranted and should be granted by the Division.

In the event an extension of temporary cessation is not granted, the permittee will be required to activate coal surface mining operations at the temporary cessation area(s) or expeditiously initiate reclamation of the subject area(s) prior to the expiration date of the temporary cessation status. The required reclamation shall be performed in accordance with the permit’s approved reclamation plan.

Should you have any questions regarding this guidance memorandum, please contact the DMLR Reclamation Program Manager at (276) 523-8160. 8 § 45.1-254 of the Code of Virginia was amended by Chapter 273 of the Acts of Virginia General to provide for permit application and anniversary fees for discharge outfalls subject to the National Pollutant Discharge Elimination System (NPDES) permits under the Virginia Coal Surface Mining Control and Reclamation Act of 1979, as amended.

Mine Emergency Response ProceduresDoc ID: DM-P-10301

Original: 2,847 words
Condensed: 2,676 words
Reduction: 6.0%

DIVISION OF MINES

CHAPTER: III Emergency Response

PROCEDURES MANUAL

PROCEDURES NO: 1.03.01 ISSUE DATE: January 1, 1997 SUBJECT: Emergency Response Team LAST REVISED: January, 1999

OBJECTIVE AND INTENT

To provide area Emergency Response Teams, comprised of DM field personnel prepared and equipped to respond to and investigate, major emergency events such as: mine fires, explosions, fatalities, and entrapments in order to protect the safety and health of those involved in the mining of coal.

GENERAL

  1. The Emergency Response Team (ERT) will be comprised of DM inspection staff, specialists staff, and other DM personnel, organized within each inspection area and trained and equipped for effective and efficient response to major mine emergencies.

Each area team will be comprised of four DM field personnel, with one of the four designated as the team leader for that specific field inspection area, Big Stone Gap or Keen Mountain. Both teams will be under the direction of the Emergency Response Team Coordinator, who will have direct communication with the Chief. Each area team and the ERT coordinator, will be assigned a pager for immediate contact when away from personal telephones. The names and personal telephone numbers of ERT personnel, and the pager numbers for the area teams and coordinator, are listed and kept updated in the DM Mine Emergency Response Directory provided for all DM personnel.

  1. All ERT members will be trained in mine rescue and recovery, accident investigation, and in the use of emergency response equipment. Additional training necessary to enhance response and management of emergencies will be provided. Team membership will be rotated in order to provide the training of as many DM personnel as possible in the response and management of emergencies.
  1. Procedure 1.03.02 addresses the comprehensive Rescue and Recovery Plan for the Division which provides direction for all personnel in responding to and assisting with mine emergency events.

Rv. 1/99 1-10

PROCEDURE

1. EMERGENCY NOTIFICATION

 DM personnel receiving notification of any major emergency event, will obtain the following information, if available:

a. Type of emergency b. Company name and mine number c. Mine location d. Telephone number of mine e. Time of occurrence f. Brief description g. Name of person giving report

 DM personnel upon becoming aware of an emergency will immediately notify any member of the affected area ERT and the assigned mine inspector. If an area ERT member is not available, then any ERT member may be contacted.

 The assigned mine inspector, after notifying the area supervisor will dispatch to the scene to assist the ERT.

 The ERT member notified will notify the team leader of the affected area.

 The team leader will notify the coordinator.

 The coordinator will notify the designated team leader in the unaffected area.

 The designated team leader from the unaffected area will coordinate notification of remaining affected ERT area members, the Chief, mine rescue teams, county dispatcher, and mine safety engineer. ERT members and others in the unaffected area will be notified and given any additional instructions.

 The designated team leader from the unaffected area will contact the mine safety engineer. The mine safety engineer will be responsible for providing a 1” to 100’ (or as large a scale as available) mine map to the mine site as soon as possible, if needed.

 The ERT personnel at the mine site will contact the designated team leader of the unaffected area to confirm notification of mine rescue teams, when required.

2-10  The affected area supervisor will respond and assist with establishing and coordinating the functions of a designated site command center. The affected area supervisor will be responsible for establishing and communicating with the office command center.

2. FATALITY MANAGEMENT/INVESTIGATION

 Arrival At Mine Site

a. Properly identify as DM personnel upon arrival at mine site. b. Confirm notification of MSHA, notification of family of victim, and miners representatives by mine officials. c. Secure the scene; issue appropriate closure order under section 45.1-161.91 (A-ii) d. Obtain any available information concerning the fatality. e. Obtain pertinent information concerning the victim. f. Review applicable mine records. g. Travel to the accident scene and observe the accident area. Document all observations. h. The initial investigating ERT member will update the Chief and Coordinator. The team will update other ERT members.

 Investigation

a. Coordinate and schedule the investigation with MSHA, company officials, miner representatives and other DM personnel as necessary. b. Confirm identity of all mining personnel working in the affected area at the time of the accident. c. Team leader will assign investigation duties. d. The ERT and MSHA will jointly establish the following investigation procedures: (1) Designated DM and MSHA personnel will examine the accident scene to ensure safety of the investigation team. (2) Designated DM personnel will photograph the accident scene before any other authorized person enters such area. (3) DM will designate personnel to sketch the accident scene. (4) Designated DM personnel will conduct an inspection of the affected area and equipment. (5) Establish a chain of custody of all collected evidence. (6) Schedule interviews of other mine personnel as deemed necessary.

3-10  Interviews

a. Select a location and schedule interviews. b. Identify persons to be interviewed. c. Establish the interview format. d. Conduct and record interviews.

 Issue appropriate Notices of Violation and/or Closure Orders.

 Final Report

a. Review and analyze all investigation findings. b. Complete and verify a sketch of the accident scene. c. ERT Leader and two other team members will draft the initial written report with assistance from other necessary DM personnel. d. Review draft of the written report with ERT Coordinator and other DM personnel necessary. e. ERT Coordinator submits a draft copy of the final written report to the Chief for review and comments. f. ERT Coordinator formalizes the final written report. g. The final written report is submitted by ERT Coordinator to the Chief for approval. h. Collect all notes, photographs, sketches and other investigation documentation and place in the mine file with a copy of the final report.

3. EXPLOSION MANAGEMENT/INVESTIGATION

 DM personnel will respond in accordance with the emergency notification procedure.

 Arrival At The Mine Site By DM Representative

a. Properly identify as DM personnel upon arrival at mine site. b. Consult with mine officials and personnel at the mine site to confirm the number and if possible, location of personnel underground and actions already taken. c. Begin immediately the responsibility of maintaining a record of activities until relieved of this task. d. Evaluate status of surface facilities including: fans, mine office, check-in/out program. e. Evaluate availability of mine supplies for emergency use, including curtains, timbers, cap wedges, nails, saws, and saw blades

4-10 f. Evaluate mine electrical system and locate the type of equipment in the affected area and identify equipment that may create a hazard. g. Notify Chief and convey preliminary information. h. Confirm notification to MSHA, miners’ representatives, and families by mine officials.

 ERT personnel will ensure coordination of initial activities

a. Set up command center and establish communications with DM office and fresh air base. b. Assign a recorder to maintain a comprehensive record and log all activities during the entire rescue and recovery. c. Assign personnel to secure the area by roping off and guarding the scene. d. Assign a fan attendant to guard and maintain the fan.

 The ERT team leaders working with supervisors will coordinate work activities on each shift to include: a. Assignments of personnel at mine atmosphere monitoring stations. b. Brief and debrief of mine rescue personnel. c. Monitor mine rescue activities at the fresh air base. d. Ensure that appropriate mine rescue procedures are followed while teams are underground. e. Utilization of electrical specialist, ventilation specialist, and roof specialist for the most effective support.

 The ERT team leaders will coordinate with supervisors to ensure the functioning of the following during rescue and recovery operations: a. Command Center Coordinator (1) Establish a convenient work station and direct communication link with the fresh air base and other critical points underground and on the surface. (2) Assign personnel to record all activities in a log book, maintaining an accurate account throughout the emergency period. (3) Coordinate briefings and debriefings of mine rescue personnel. (4) Ensure rescue and recovery progress is recorded promptly on a mine map. (5) Monitor and assure an adequate supply of emergency equipment is available. (6) Conduct briefings with mine officials, MSHA, labor, etc. (7) Provide for monitoring of the mine atmosphere at the fan and at other strategic locations. (8) Coordinate and monitor underground work activities. 5-10 b. Surface Coordinator (1) Maintain communications with the fresh air base on rescue and recovery progress and other related information. (2) Provide equipment and supply needs of the command center and mine rescue coordinator. (3) Establish and maintain security at mine entrance and all underground mine openings. (4) Maintain accurate log of persons entering and leaving the mine. (5) Coordinate the placement of rescue and recovery supplies, emergency vehicles, rescue and recovery personnel, media and other authorized persons. Ensure onsite rescue teams are provided adequate rest and food accommodations. (6) Verify number and name of mining personnel that reported to work. (7) Ensure through the office command center that accommodations for mine rescue teams are provided when extended rescue and recovery work is required.

c. Ventilation Coordinator (1) Monitor and maintain continuous operation of the mine fan(s). (2) Establish reliable sampling stations to monitor mine atmosphere at pre-selected locations. (3) Maintain an accurate and up-to-date log of fan pressure and air quantity and quality at regular predetermined intervals. Gases monitored at the mine fan will include carbon dioxide, carbon monoxide, methane and oxygen. (4) Collect and evaluate all mine atmosphere samples, monitor levels of mine gases including carbon monoxide, carbon dioxide, methane and oxygen, and report such information to the command center and mine rescue coordinator. (5) Communicate air quality and quantity measurements, significant changes and unusual occurrences to the command center. (6) Supervise atmosphere monitoring stations. (7) Ensure that mine maps are available and maintained up-to-date with ventilation controls, air quality and quantity readings and pertinent information as related to rescue and recovery.

d. Electrical Coordinator (1) Assist and advise command center. (2) Ensure the electrical power is maintained in the areas of the mine that are designated by the command center. (3) Ensure mine fans are operating normally, examined and maintained to assure continued operations. 6-10 (4) Ensure all hoists and emergency escape facilities are operational and examined as required by law. (5) Obtain a copy of the electrical system map of the mine. (6) Locate mine equipment in affected area(s) and identify any equipment that may create hazards. (7) Coordinate secondary power sources if necessary.

e. Mine Rescue Coordinator (1) Provide assistance and advice to the command center coordinator and the Chief in regard to mine rescue and recovery activities. (2) Coordinate, with MSHA, notification and scheduling of mine rescue team work activities. (3) Assist the command center coordinator with briefing and debriefings of mine rescue personnel. (4) Monitor mine rescue team activities (5) Maintain an accurate map of rescue and recovery activities. (6) Responsible for security of mine rescue recovery maps, telephones, recovery plans, etc. (7) Assist the surface coordinator with equipment and supplies as needed by the mine rescue teams.

 Investigation (Same as Fatality)

 Interviews (Same as Fatality)

 Final Report (Same as Fatality)

4. FIRE MANAGEMENT/INVESTIGATION

 DM personnel will respond in accordance with the emergency notification procedure.

 Arrival At Mine Site a. Properly identify as DM personnel upon arrival at mine site. b. On-site Assessment (1) Confirm number and location of all personnel underground. (2) Assure evacuation of all underground personnel not involved in fire fighting efforts. (3) Confirm location of fire, if known. (4) Assure underground electrical power is de-energized except those circuits necessary for fire fighting.

7-10 b. Maintain the status of the mine fan and ventilation system except when changes are coordinated and approved through command center. c. Establish a check in/out system and documentation of all events. d. Assign an ERT member to check operation of fan, obtain air quality samples and monitor the fan. e. Confirm notification with the designated team leader of the unaffected area, the mine rescue teams have been notified, if necessary. f. Notify the designated team leader of the unaffected area and request necessary fire fighting equipment. g. Establish and implement a fire-fighting/personnel-recovery action plan. h. Secure the scene. i. Confirm notification of other required agencies, rescue squads, police, fire department, MSHA, etc.

 Fire Entrapment/Investigation (if applicable) a. Confirm number, names and location of missing personnel. b. Determine if any communications were made with underground mine personnel after the incident. If available, verify the number of people and location. c. Determine primary or alternate routes of escape. d. Determine air flow in the vicinity of fire. e. Determine if any effort was made to short circuit air from the fire area. f. Determine all areas likely affected by the fire. g. Establish a means of transportation for rescue and recovery personnel. h. Establish a means of transportation to fire site for fire fighting personnel and equipment. i. Attempt communication to personnel inby fire and establish communication to an area near the fire site. j. Obtain up-to-date mine maps indicating air flow, ventilation controls, electrical stations, abandoned and worked out areas, escape routes, storage areas of fuel and explosives, battery charging stations, and any other pertinent information. k. Confirm with witnesses or other personnel any information pertaining to efforts to extinguish the fire. l. Confirm location of fire fighting equipment available at site and underground such as: water lines, fire hose, fire outlets, fire extinguisher, alternate water source, etc. m. Coordinate rescue, recovery and fire fighting efforts with mine officials, MSHA, labor, etc. n. ERT will keep appropriate DM personnel updated on available information. 8-10  Investigation (Same as Fatality)

 Interviews (Same as Fatality)

 Final Report (Same as Fatality)

5. ENTRAPMENT MANAGEMENT

 DM personnel will respond in accordance with the emergency notification procedure.

 Arrival At Mine Site a. Identify as DM personnel upon arrival at the site. b. On-site Assessment (1) Confirm number and location of all personnel underground. (2) Assure evacuation of all underground personnel not involved in recovery efforts. (3) Confirm location of the affected area and other areas of the mine that may be affected. (4) When required, assure underground electrical power is de-energized except those circuits necessary for recovery. (5) Confirm location, extent, and number of personnel involved in the entrapment c. Confirm location, extent, and number of personnel involved in the entrapment. d. Establish a check in/out system and documentation of all events. e. Confirm response of necessary extrication equipment to the site. f. Secure the scene. g. Confirm notification of other required agencies, rescue squads, police, fire department, MSHA, mine rescue team, etc. h. The ERT working with supervisor will coordinate an action plan for recovery efforts.

 Entrapment By Equipment Or Fall Of Roof a. Identify person(s) entrapped. b. Determine what efforts are currently being initiated to recover person(s). c. Upon determining these efforts, two DM personnel will be sent immediately underground to the accident scene to assess the safety of the work area and recovery efforts and needs. d. Make arrangements for transportation of recovery team and necessary equipment. e. Ensure open communications between the accident scene and the surface. 9-10 a. Assign ERT members and/or other DM personnel to travel underground to perform recovery work. ERT members will be responsible for logging out extraction equipment. b. An assigned ERT member or other DM personnel will remain on the surface for communications. c. Coordinate recovery efforts with mine officials, MSHA, labor, etc. d. Upon arrival at the underground accident scene, DM personnel will provide assistance as necessary.

 On-site Assessment Of Water/Gas Entrapment a. On-site Assessment (1) Confirm number and location of all underground personnel. (2) Assure evacuation of all underground personnel not involved in recovery efforts. (3) Confirm location of the affected area and other areas of the mine that may be affected. (4) If necessary, assure underground electrical power is de-energized except those circuits necessary for recovery. b. Determine primary or alternate routes of escape, if available. c. The designated team leader from the unaffected area will assign an ERT member to dispatch emergency vehicle/equipment. d. Maintain the status of the mine fan and ventilation system except when changes are approved by the command center. e. Assign an ERT member to monitor operation of the fan and obtain air quality/quantity samples. f. Obtain up-to-date mine map indicating air flow, ventilation controls, electrical stations, abandoned and worked out areas, adjacent mine works, overlays, underlays, gas wells, and any other available mapping information. g. Attempt communication to personnel inby. h. Establish communication to an area near the inundation. i. Establish a means of transportation for rescue and recovery personnel. j. Coordinate recovery efforts with mine officials, MSHA, labor, etc. k. An assigned ERT member or other DM personnel will remain on the surface for communications.

10-10

Contractor Information Submission ProceduresDoc ID: DMM-P-418

Original: 276 words
Condensed: 160 words
Reduction: 42.0%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.18.00 PROCEDURES MANUAL ISSUE DATE 01/08/96 SUBJECT Contractor Information Section Permitting Last Revised

OBJECTIVE AND INTENT:

To ensure timeliness and consistency of contractor information provided by operators.

PROCEDURES:

  1. Mine Inspectors, as part of their inspection routine, will ensure that all independent contractors are identified on the mine license information in accordance with 45.1-161.59.

2. Mine Inspector will ensure that the required contractor information includes:

  • the contractors name, address, telephone number, contact person and a brief description of the work being performed by the contractor
  1. The Inspector may accept the contractor information in a signed letter submitted to the DMM office or as part of the annual renewal using the License Renewal Application (DMM-157). As contractors come and go on the mine site they must be reported to the DMM office. Reports are to be made as soon as possible but no later than 30 days after initiation of the contractor activity.
  1. When a Mine Inspector receives a contractor notification from an operator he will send the notice to the DMM office for processing.
  1. The Program Support Technician will receive the contractor notification letters or License Renewal Application in the DMM office. The Program Support Technician will log the contractor information into the Mineral Mining System in the Permitting area. When the information is logged into the system the Program Support Technician will initial and date the letter or form to verify data entry. They will then make a copy of the letter or form and mail it to the appropriate Mine Inspector. The original will be placed in the permit file.
  1. No confirmation to the operator will be required.
  1. 18-1

Coal Mining and Gas Well Safety CoordinationDoc ID: DM-P-10510

Original: 718 words
Condensed: 472 words
Reduction: 34.3%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.10

ISSUE DATE: August 1, 2000 SUBJECT: Safety Issues Involving Coal LAST REVISED: 08/05

Mines and Gas Well Activities

OBJECTIVE AND INTENT

To provide for effective coordination of safety issues involving coal mining and gas well activities among the DMLR, DGO, and DM of DMME.

PROCEDURE

  1. The DM coordinator for health and safety issues related to coal mining and gas well activities will:

 Work within DM to identify health and safety issues that exist at mining sites and gas well locations.

 Promptly and effectively communicate health and safety issues with DGO and DMLR representatives.

 Coordinate with DGO and DMLR representatives in responding to and resolving identified health and safety issues.

  1. To ensure that identified health and safety issues are managed effectively, the DMME system of electronic communication and digital mapping system will be utilized between divisions in order to update representatives and other participants as to the status of activities until resolution is achieved. Prompt notification, coordination, and follow up actions will be effectively administered utilizing available e-mail.
  1. To ensure the health and safety of the miner and the public during gas well drilling operations that intersect active mines:

 DM will notify DGO upon receipt of a mine license application.

 DGO and DMLR will notify DM of any application for drilling operations that will penetrate an active mine, and ensure that the application addresses communication between the gas well operator and mine operator.

1-3 Rev.08/05  DM will work with DGO to include general procedures for drilling through active coal mines for inclusion in gas well applications that intersect active underground coal mines.

  1. A listing of DM Inspector assignments is available by printing DM.ENPR.02, “Inspector’s Report”. The list includes the inspector and his assigned mines. Data for a particular mine may be viewed through an inquiry screen on the DM Licensing Menu (DM.LISS.11), “Mine Data Inquiry” by entering the Mine Index Number or using the @ and entering the name of the mine. This screen lists the Inspector and the Specialists assigned to the mine as well as other pertinent mine information.
  1. Recognizing that health and safety hazards and complaints, whether identified internally or from the public sector, demand responsible agency actions, the following procedures will be coordinated within each division:

 The Division representative with jurisdiction over the health and safety issue(s) or complaint will normally be responsible for coordination of the review and response activities by the Department.

 To ensure effective response, the lead representative in contact with other division representatives will determine and assign a priority to the health and safety issue or complaint to be addressed as follows:

Priority I – Life threatening – requires an immediate action plan be developed, coordinated, and implemented by DMME. Priority I issues could be dangerous impoundments of water, explosive and flammable methane gas, or other imminent danger conditions which if not corrected, have the potential to cause death, serious injury or property damage.

Priority II – Serious concern – requires development, coordination, and implementation of an action plan consistent with Department standards. Priority II issues would not be life threatening or pose an imminent danger to the public or property. Water loss, subsidence, dust or other similar issues would be considered as Priority II issues.

Priority III – Normal issues – requires handling through established Division procedures for review and follow up and pose no imminent danger or serious health and safety consequences. Application and permit reviews would represent Priority III issues.

  1. DM personnel will assist DGO and DMLR in identifying and addressing health and safety issues at gas well locations upon request.

2-3 Appropriate field personnel will be cross-trained to identify and report to the responsible person specific areas of gas well sites that could directly affect personal safety of workers (such as, electrical equipment and fire protection). The DM representative, working with section supervisors, will determine cross-training needs, appropriate personnel to be trained, and a schedule for the training.

NOTE: The following working definitions have been developed for DMME’s implementation of this action plan:

Active mine: A mine that is licensed or permitted.

Active area: All places in a mine that are ventilated, if underground, and examined regularly.

Inactive area: Areas of an underground mine that are sealed.

3-3

Mineral Mining Education & Training PlanDoc ID: DMM-G-ETP

Original: 11,245 words
Condensed: 7,194 words
Reduction: 36.0%

EDUCATION & TRAINING

PLAN

F O R M I N E R A L M I N I N G DIVISION OF MINERAL MINING Fontaine Research Park 900 Natural Resources Drive P. O. Box 3727 Charlottesville, Virginia 22903-0727 (434) 951-6310

JANUARY 1996 EXECUTIVE SUMMARY The Virginia Department of Mines, Minerals and Energy (DMME), Division of Mineral Mining (DMM), is offering a comprehensive, quality, results-oriented education and training service for its customers in the mineral mining industry under the Virginia Mine Safety Act of 1994.

The Education and Training (E&T) Plan is based on a survey of mineral mining customers in fall 1994. Almost 400 people, in eight different customer groups, offered their views on how the DMM could improve and expand upon its education and training service.

Most customers, including mine operators, safety and environmental directors, contractors, corporate executives, and workers said they want the DMM to continue providing training traditionally offered to the industry. This includes general mine safety, first aid, annual refresher, new miner training, compliance with law and regulations, and land reclamation practices. In addition, they would like new offerings related to the environment, skills’ development and management. Customers suggested the DMM present the information using audio-visuals and hands-on demonstrations with discussion.

How can the effectiveness of education and training services be measured? All of the customer groups said they’d expect to see reductions in accidents and increases in worker knowledge and productivity. Lower workers’ compensation rates, less down time, and reduced operating expenses were also mentioned, along with good participation and positive feedback from employees.

Customers said they were willing to commit to participating in training an average of two days per year, with a preference for scheduling it in slower production months at or near the mine. Most respondents also voiced a willingness to pay for quality education and training.

Lastly, customers expressed interest in continuing to use DMM services, especially if the DMM strengthens the current Education and Training Service by using site-specific training, new materials and teaching methods, and train-the-trainer programs to support company instructors.

Based on these responses, the DMM developed the following goals for the Education and Training Service: I. Eliminate accidents, injuries and fatalities, and their corresponding costs.

II. Promote sound environmental practices at mineral mines.

III. Enhance the education and training opportunities in the mineral mining industry.

IV. Effectively administer the Education and Training Plan and Service for customers of the DMM.

The DMM is formulating new offerings and services, and expanding and improving existing training to implement these goals. This includes enhancing Mine Safety and Health Administration (MSHA) required training, courses for initial certification and renewal (in accordance with the Virginia Mine Safety Act), general mine safety, and other education and training requested by customers.

New and expanded services include information and consulting on environmental issues; mined land reclamation and safety for operators, workers and contractors; mine safety analysis; referrals to community resources; and pretraining assessment and post training evaluation.

The new E&T Service is being publicized through a marketing campaign to keep customers and stakeholders informed and garner their support. This will involve reporting the results of the Needs Assessment Survey, communicating information about the service once it is underway, and providing the results of the evaluation to customers.

The evaluation will help the Division to measure its success and to modify the service as needs dictate. Operators will be asked to provide specific information to DMM, which will be combined with Division data, so that DMM can determine the cost-effectiveness of training at individual mines and of the service as a whole. In this way, DMM will be able to conduct a performance-driven evaluation and provide a quality service for its customers.

INTRODUCTION The recommendations of the Joint Subcommittee Studying the Virginia Mine Safety Law of 1966 served as a catalyst for the development of the new Education and Training (E&T) Service. The Subcommittee recommended that the 1994 General Assembly expand the training and technical assistance to mine operators currently provided by the Commonwealth.

Specifically, it recommended that the Department of Mines, Minerals and Energy (DMME), Division of Mineral Mining (DMM), develop a voluntary state-approved curriculum and teaching materials, and provide training paid from funds provided to the agency. They also said DMM was to continue to provide voluntary on-site safety awareness training as part of mine inspections and general safety talks.

Further, its report, House Document 86, stated that DMM should help with new miner and refresher training required by the federal Mine Safety and Health Administration (MSHA) and provide classes and training needed by miners to obtain and maintain certification.

The DMME developed guiding goals for the Education and Training Service which were incorporated in the agency's strategic plan. This was part of the ongoing assessment called for by the strategic plan and served to implement the new mandate. The service is to be:

  • Site-specific, with DMM professionals working in partnership with customers to formulate training strategies for them;
  • Tailored to the assessed needs, expectations, and skill/training requirements of DMM customers;
  • Flexible in design and delivery;
  • State-of-the-art in content and presentation; and
  • Continuously evaluated and updated to reflect changes and needs in technology, in law and regulations, and in the mineral mining industry.

The DMM Education and Training Team was convened to plan the new service.

The team established values and principles for dealing with customers within and outside the agency. They are to:

  • Provide effective, quality training in a timely and efficient manner.
  • Be sensitive and attentive to the needs of our customers.
  • Support each other in providing services to our customers.
  • Communicate effectively with customers, stakeholders and other DMM staff.
  • Go beyond normal expectations to provide services in education and training.
  • Operate with a high degree of knowledge and professionalism.

DMM is committed to incorporating these goals, principles, and values into the implementation of the Education and Training Service.

GOALS AND OBJECTIVES I. Eliminate accidents, injuries and fatalities, and their corresponding costs.

A. To provide training required by the Federal Mine Safety Act.

B. To provide training for persons seeking to obtain and maintain certification.

C. To improve customer knowledge and awareness of the hazards on mine sites and provide other traditional training requested by customers (not mentioned in A. and B.).

II. Promote sound environmental practices at mineral mines.

A. To improve the environmental knowledge and awareness of customers.

B. To provide services that encourage cost-effective environmental compliance.

III. Enhance the education and training opportunities in the mineral mining industry.

A. To help customers in obtaining nontraditional education and training from external sources.

B. To provide quality, customized education and training services on-site, to all customers requesting them.

IV. Effectively administer the Education and Training Plan and Service for customers of the DMM.

A. To evaluate continuously and update the service to reflect changes in technology, law and regulations, and the needs of the mineral mining industry.

B. To provide for professional staff development.

C. To ensure sufficient resources are available.

D. To evaluate DMM’s marketing efforts.

EDUCATION AND TRAINING METHODOLOGY The DMM’s E&T Service is based on a systematic planning process which draws on the expertise of staff and the expressed needs of customers. To develop the Service, a team was created and a consultant employed to help structure the planning process. The team consisted of four Mine Inspectors, two Mine Inspector Supervisors, the Technical Instruction Supervisor, the Division Director, a Policy Analyst, and the Public Relations Coordinator, with other agency staff being involved at critical junctures in the planning process.

The team established leadership roles and developed assumptions and values, to guide them in planning the service:

  • Process and content leaders were selected as well as a scribe to take minutes.
  • Subcommittee leaders communicated problems directly to the process leader and agenda items to the team leader.
  • Members made the meetings and work of the committee a priority.
  • A meeting schedule was established in advance, with agendas distributed prior to the meeting, and minutes distributed afterwards.
  • Highlights of meetings were distributed to all DMM staff.
  • Status reports were provided to DMME management through informal, verbal reports, the DMM monthly report, and at key decision points.
  • Reports to customers and stakeholders on the E&T Plan would be made through existing communication mechanisms, e.g., Mineral Mining Bulletin, VAA newsletter, and thank you letters to workshop participants.
  • Decisions were made by consensus and silence interpreted as agreement.
  • All DMM staff participated and assisted with strategies and plans for marketing the service.
  • The committee would end as a planning committee by Summer 1995, when the report is complete and implementation begins.

The team collected background information to assist them in planning the service, including materials on training programs in other states and data on customer needs and preferences. They developed parameters for a more in-depth and expansive assessment, identifying customers and stakeholders by category:

  • Small Mine Operators
  • Large Mine Operators
  • Independent Contractors
  • Upper Management/Executives
  • Safety/Training/Environmental Directors
  • Mine Workers
  • Stakeholders (visitors/agencies) Questions were devised to determine the education and training needs of each group. The topical areas for questions were:
  • Training Subjects.
  • Format.
  • Beneficiaries of Training.
  • Current Strengths and Weaknesses of DMM.
  • Measures of Effectiveness.
  • Logistics and Cost.

DMM staff interviewed customer and stakeholder groups using the survey questions, then the E & T team compiled and evaluated the results. The information was evaluated to identify the overall needs of the industry and the specific needs of individual customer groups. Findings and conclusions were developed from this information as shown in Appendices A - H.

Development of Professional Development Plan

The team broke into committees to develop various components of the plan. The technical instructor supervisor and mine inspector supervisors worked on a Professional Development Plan (PDP) so that DMM staff would have the needed knowledge and ability to implement the plan. This was presented to the entire E&T team for review, editing, and approval. Then the PDP was implemented with courses selected and scheduled for each staff member.

Development of Curriculum

To develop the curriculum and services, the Team reviewed and evaluated federal and state training and certification requirements, training programs in other states, the results of the customer needs assessment, and the current offerings of DMM. This analysis enabled staff to create course outlines for certification classes, MSHA Part 48 training, general mine safety, first aid, and other DMM offerings and services. Once the framework for the courses was created, committees developed course descriptions, objectives, and lesson plans.

CUSTOMER NEEDS ASSESSMENT AND

SUMMARY OF FINDINGS Eight groups and 382 individuals were included in the DMM survey:

  • Small Mine Operators (<10 employees) - 60.
  • Large Mine Operators - 59.
  • Speciality Mines - 13.
  • Safety and Environmental Directors - 16.
  • Independent Contractors - 14.
  • Corporate Executives - 5.
  • Miners and Workers - 215.
  • Stakeholders - 4.

Education and Training Topics Requested Small Mine Operators: general mine safety, first aid, mobile equipment operation, topics related to business management and the environment.

Large Mine Operators: general mine safety, annual refresher, first aid and new miner.

Speciality Mines: general mine safety, first aid, human resource management, and topics on the environment.

Safety and Environmental Directors: annual refresher, new miner, first aid, hazard communication and environmental topics.

Independent Contractors: Virginia Mineral Mining Act and regulations specific to their jobs on the mine sites, first aid, and hazard training.

Corporate Executives: new miner, annual refresher, certification courses, first aid, general mine safety, human resource development and management, and train-the-trainer courses and materials.

Miners and Workers: general mine safety, first aid, personal development, safety and health and environmental regulations pertinent to their jobs.

Training Format and Appearance of Instructors All customer groups wanted information to be presented through use of audio-visuals and hands-on demonstration with discussion, supported by appropriate equipment and technology.

Respondents said this was especially important for customers who are illiterate or have low comprehension. Preassessment of customers prior to training will enable trainers to better address these needs.

Instructors should be knowledgeable of the subject, friendly and open, and appear casually and neatly dressed, and should speak so as to be understood by their audience, avoiding jargon.

Beneficiaries of Training Respondents said everyone within the company would benefit from training. All groups said contractors working on-site would benefit. Large operators said mine customers that do business at the mine would benefit. Speciality mines cited the benefits of training for local fire and rescue personnel.

Measures of Effectiveness All customer groups said a reduction in accidents and an increase in worker knowledge and productivity would be measures of service effectiveness.

Speciality mines, safety directors, and executives also mentioned lower workers’ compensation rates, less down time, and reduced operating costs as good measures of training effectiveness.

Other means of measuring a successful program mentioned were well-prepared instructors, quality materials directly relevant to work, lots of participation, and positive employee feedback. Contractors suggested training would be most beneficial if it were work specific.

Logistics Customers said they were willing to commit to an average of two days per year per worker. All groups indicated a minimum of one day per year for each worker.

Speciality mines suggested more time be made available for supervisory training.

Overall, the time of year preferred for training was during the slower production months (winter and early spring) for those who expressed an opinion. Most customers said training could be scheduled at any time.

Most respondents said training should be held on-site or near the mine.

Contractors said their office would be the best location for their training and not the mine site, with regional certification classes the exception.

Fees for Service Most customers voiced a clear willingness to pay for quality education and training services. On average, customers said they would pay $50 per person; but the range varied greatly based on the type of training offered, from $10 to $200 per person for a professional-level course.

When asked what sources are used now for education and training, the most frequent response was that the DMM was the primary source for materials and presentations. Customers used materials produced by MSHA and DMM for in-house presentations; and vendors, contractors, and other state agencies were relied upon as resources to varying degrees.

When asked how the DMM can support or strengthen its current Education and Training Program, customers wanted to continue using DMM services as it expands and improves its offerings. Contractors expressed an interest in using DMM services for their education and training. Most customers wanted site-specific presentations, new materials and teaching methods, and train-the-trainer programs to support their instructors.

Stakeholders DMM surveyed a training specialist at MSHA, staff at the Virginia Marine Resources Commission (VMRC), the Army Corps of Engineers and the Virginia Department of Environmental Quality to ask if they had suggestions for new or modified services. Agency staff all suggested continuing cooperation between the agencies. MSHA recommended that training materials and statistics be current and site-specific and that DMM share information on accidents and violations.

In addition, DMM asked a quarry operator for information on services which might be helpful to his customers. He suggested that DMM begin a certified blaster’s training program for small road contractors who do secondary highway work, a safety program for general and dump truck drivers, a certified flagman program, and assistance to quarries in developing noise and dust control programs.

Conclusions Customers were interested in expansion and modification of traditional education and training currently offered. This training includes general mine safety, first aid, annual refresher, new miner training, compliance with law and regulations, and environmental and land reclamation practices.

New nontraditional (for DMM) areas of interest requested were skills development, human resources, and business management. The survey findings and conclusions may be found in Appendices A - K.

SERVICE STRATEGIES Service strategies implement the goals and objectives of the Education and Training Service. Each training course or service flows from the goals and objectives.

Training Courses and Other Services GOAL NO. 1 Eliminate accidents, injuries and fatalities, and their corresponding costs.

Objective A. To provide training required by the Federal Mine Safety Act.

MSHA required training:

  1. Annual Refresher
  2. New Miner
  3. General Instructor Objective B. To provide training for persons seeking to obtain and maintain certification.

Certification Courses:

  1. Surface Foreman
  2. Surface Foreman - Open Pit
  3. Underground Foreman
  4. Surface Blaster
  5. Underground Blaster
  6. Mineral Miner

7. Basic First Aid Certification Renewal Courses:

  1. Foreman
  2. Blaster Objective C. To improve customer knowledge and awareness of the hazards on mine sites and provide other traditional training requested by customers (not mentioned in A. and B.).

General Mine Safety Courses:

  1. Ground Control
  2. Mobile Equipment
  3. Explosives/Blasting Safety
  4. Travelways
  5. Electrical Safety
  6. Personal Protection and Safety Awareness
  7. Stationary Equipment Safety

8. Mining and Personal Health Other Courses:

  1. Hazard Communication
  2. Emergency Response Plan
  3. Emergency Response Plan Implementation
  4. Hazardous Materials Awareness and Operations

5. Blood-borne Pathogens Awareness Services:

  1. Mine Safety Analysis
  2. Information on safety and reclamation for workers and contractors.

GOAL NO. 2 Promote sound environmental practices at mineral mines.

Objective A. To improve the environmental knowledge and awareness of customers.

Services:

  1. Information and Consulting on Environmental Issues
  2. Mined Land Reclamation Information and Consulting
  3. Information on safety and reclamation for workers and contractors.

Objective B. To provide services that encourage cost-effective environmental compliance.

Services:

  1. Information and Consulting on Environmental Issues
  2. Mined Land Reclamation Information and Consulting
  3. Information on safety and reclamation for workers and contractors.

GOAL NO. 3 Enhance the education and training opportunities in the mineral mining industry.

Objective A. To help customers in obtaining nontraditional education and training from external sources.

Referral to External Services Objective B. To provide quality, customized education and training services on-site, to all customers requesting them.

Educational and Training Assessment Service

GOAL NO. 4

Effectively administer the Education and Training Plan and Service for customers of the DMM.

Objective A. To evaluate continuously and update the service to reflect changes in technology, law and regulations, and the needs of the mineral mining industry.

Objective B. To provide for professional staff development.

Objective C. To ensure sufficient resources are available.

Objective D. To evaluate DMM’s marketing efforts.

Summary of Course Descriptions MSHA Required Training Annual Refresher: Course follows the MSHA-approved training plan and is taught by a MSHA-certified instructor. This course is taught on-site in cooperation with the operator and company training staff, when possible, and is in keeping with the operator’s site-specific training plan. The 5000-23 form is signed and maintained by the company official, verifying the company’s training plan was followed.

Requirements: The mine site must have in place an MSHA-approved training plan for the course to be conducted by DMM personnel. The plan must be made available to the instructor prior to the course so site-specific information can be prepared.

Course Length: 8 hours Location: provided on-site New Miner: Course is designed to prepare the new employee to work on a surface mineral mine site. New miners receive 16 hours of training by DMM instructors in miners’ rights, self-rescuer and respiratory devices, entering and leaving the mine, transportation systems, communication systems, introduction to the work environment, ground control, housekeeping, and other MSHA required courses. An eight-hour mine specific introduction to the work place, hazard recognition, and health and safety aspects of specific tasks will be provided by the mine operator.

Requirements: Mine site must have in place an approved MSHA Part 48 training plan. Participants must be employees of the mine and a 5000-23 form must be signed and maintained by a company official. The company must provide the additional eight hours of site-specific training necessary to comply with Part 48.

Course Length: 16 hours (24 hours required by MSHA) Location: provided on-site General Instructor: MSHA-certified Instructor-Trainers will review the fundamentals of instruction, preparing lesson plans and objectives, and other related issues. The applicant will prepare and present a 15-minute safety and health presentation, which will be videotaped. The class reviews the video and provides feedback on platform and presentation skills. Once the course is completed, the Instructor-Trainer submits recommendations and resumes to the MSHA-Pittsburgh office for evaluation and certification. When certified, the new instructor is approved to teach MSHA New Miner, Annual Refresher, and task training programs for the mining industry, following Part 48 requirements. This course does not certify applicants for teaching the MSHA First Aid.

Requirements: Prior to attending the class, all applicants must submit a resume to DMM which describes the instructional experience and type mine work performed and their corresponding time periods. The resume must show that they have the knowledge and skills necessary to provide the level of training they will be conducting. Also, the applicant’s employer must demonstrate support for his or her application for certification. Each applicant must be prepared to provide a 15-minute presentation after the completion of the first day of class for presenting on the second day. Materials are provided for preparing overheads, using videos, and other audio-visuals.

Course Length: 24 hours Location: various locations statewide Certification Courses New certification requirements are being considered by the Virginia Board of Mineral Mining Examiners and will become effective in January 1996 or soon thereafter. The requirements described herein are in accordance with the Virginia Mine Safety Act and the Certification Requirements for Mineral Miners and are to be used until the new regulations take effect.

Surface Foreman: Course prepares the applicants to assume responsibility for compliance with law and regulations, resolving legal issues, supervision, ensuring the safety and health of workers, and environmental issues. An examination is given at the end of the course.

Requirements for Certification: Five years surface mining-related experience; a current, basic first aid certificate (provided with the course, if needed); completion of Board of Mineral Mining Examiners forms and a $10 examination fee paid for each examination attempt; and pass examination with at least 85% on each of four sections. Applicants may be given three years credit toward the work experience requirement for a degree in mining engineering or civil engineering or two years credit for a degree in mining technology or civil technology.

Course Length: 24 hours (including 8-hours of first aid first day) Location: various locations statewide throughout the year Surface Foreman - Open Pit: Course prepares the applicant for taking the certification examination and is similar to the Surface Foreman class. It is designed for an applicant working at a mining operation that does not perform or contract any on-site blasting or handle, transport or store explosives. The examination is given at the end of the course.

Requirements for Certification: Pass the examination with at least 85% on each of three sections; all other requirements are the same as Surface Foreman above.

Course Length: 20 hours (including 8-hours of first aid the first day) Location: various locations statewide throughout the year Underground Foreman: The applicant will attend surface foreman classes and review all law and regulations pertaining to underground mineral mining.

Requirements for Certification: Five years underground mining related experience; a current, basic first aid certificate (provided with the course if needed); completion of Board of Mineral Mining Examiners forms and a $10 examination fee paid for each examination attempt; and pass examination with at least 85% on each of four sections. All other requirements are the same as Surface Foreman above.

Course Length: 24 hours (including 8-hours of first aid the first day) Location: various locations statewide Surface Blaster: Course prepares the applicants for the certification examination. It is for applicants who already possess knowledge and skills in surface mine blasting. It emphasizes the blaster’s responsibilities in performing blasting duties safely and in compliance with the Mine Safety Act and the Virginia Safety and Health Regulations. The class covers storage, transportation, and use of explosives on a mine site, and electric and nonelectric systems. The exam is given at the end of the course.

Requirements for Certification: At least one year of mine-related blasting experience under the direct supervision of a certified blaster; current MSHA 5000-23 form, showing review of first aid; completion of Board of Mineral Mining Examiners forms and a $10 examination fee paid for each examination attempt; pass the examination with at least 85% on each of four sections.

Course Length: 24 hours Location: various locations statewide throughout the year Underground Blaster: Course prepares applicants for the certification examination. It is for underground blasting applicants who already possess knowledge and skills in mine-related blasting. This emphasizes the blaster’s responsibilities in performing blasting safely in compliance with the Mine Safety Act and the Virginia Safety and Health Regulations governing storage, transportation, and uses of explosives on a mine site. The examination is given at the end of the course.

Requirements for Certification: Two years underground mine-related work experience, with at least one year of the two performing blasting duties underground; all other requirements same as Surface Blaster.

Course Length: 16 hours Location: various locations statewide throughout the year Basic First Aid: Course includes recognition and treatment of life-threatening emergencies, fractures, burns, poisoning, environmental emergencies, and particular injuries. This course fulfills the first aid requirements for certified foreman, which must be renewed every three years, and is also open to all other mineral miners when space is available.

Requirements for Certification: No prerequisites.

Course Length: 8 hours Location: various locations statewide throughout the year General Mineral Miner: Course prepares the applicants for certification as a general mineral miner. This certification is required of all persons hired to perform mining tasks after January 1, 1996. It covers first aid and highlights of the Virginia Mine Safety Act and the Safety and Health Regulations for Mineral Mining.

Applicants must demonstrate a fundamental knowledge of first aid and the law and regulations prior to commencing work in a mine.

Requirements for Certification: No prerequisites for experience in the mining industry required. Any person hired by a mining company in Virginia may take the course and demonstrate knowledge of the topics.

Course Length: 8 hours minimum Location: various locations statewide throughout the year Certification Renewal Courses Effective July 1994, each certification with the exception of the General Mineral Miner, is required to be renewed every five years. Each course listed is to prepare the certified person for renewal of the certification held. The Board of Mineral Mining Examiners is considering allowing a certificate holder to take the appropriate certification renewal course or challenge the renewal examination.

Foreman Certification Renewal Course: Provides a refresher in the Virginia Mine Safety Act and the Safety and Health Regulations for Mineral Mining. This course is for persons already certified and working as foremen.

Course Length: 8 hours Location: various locations statewide throughout the year Blaster Certification Renewal Course: Provides a refresher in the Virginia Mine Safety Act and the Safety and Health Regulations for Mineral Mining. This course is for persons already certified and working as a blaster on a mineral mining site.

Course Length: 8 hours Location: various locations statewide throughout the year General Mine Safety Courses These courses, conducted on the mine site, range in length from 30 minutes to eight hours, depending on the subject matter, and are scheduled at the request of the operator. The instructor will perform a pretraining assessment with the operator and develop site-specific audio-visual materials appropriate for the site and topic. See Appendix I for the lesson plans or each course description.

Ground Control: Course gives the participant general knowledge of hazards involving ground control. Designed for mineral miners and other interested persons, the course may cover regulations governing ground control, site-specific hazards and conditions, factors affecting ground control, and accident review.

The effects of mining methods, geology, blasting, seasonal changes, and weather may also be discussed. Participants should bring writing materials and appropriate personal protective equipment to the class.

Course Length: 30 minutes to 2 hours Mobile Equipment Safety: Course gives the participant general knowledge in mobile equipment safety that is specific to the equipment used on the mine site.

It is intended for mobile equipment operators, trainees, and maintenance personnel. It includes a review of pertinent regulations and describes the required preshift inspection, record-keeping, maintenance of equipment, the limitations and proper use of equipment, safety hazards and safe operating procedures, and accident review. Participants may need access to mobile equipment and should bring appropriate personal protective equipment.

Course Length: 1 to 8 hours Explosives/Blasting Safety: Course will familiarize participants with the general hazards associated with explosives and blasting on the mine site. Intended for mineral miners and other interested persons, the course may include a review of regulations, proper handling and storage of explosives, general blasting safety, blasting problems associated with mining, and accident review. Participants will learn to recognize hazards and how to work safely around explosives.

Participants should bring writing materials and appropriate personal protective equipment to the class.

Course Length: 1 to 8 hours Travelways: Course provides participants with general knowledge of travelway safety and specific hazards of the work environment. Intended for mineral miners and other interested persons, the course may include regulations governing travel areas, housekeeping and maintenance of walkways, ladders, elevated ramps and other travelways, site-specific hazards and conditions, and accident review. Participants should bring writing materials and personal protective equipment to the class.

Course Length: 30 minutes to 2 hours Electrical Safety: Course will familiarize participants with hazards associated with electrical equipment, electrically-operated equipment, and electrical circuits.

Designed for mineral miners and other interested persons, the course may include regulations governing electricity, principles and hazards of electrical circuits and equipment, lock-out/tag-out procedures and proper grounding, site-specific hazards, and accident review involving electrical equipment. Writing materials and personal protective equipment for each participant may be needed during class.

Course Length: 30 minutes to 4 hours Personal Protection and Safety Awareness: Course will provide participants with general knowledge of the proper use of personal protective equipment and personal safety hazards. Designed for mineral miners and other interested persons, the course will include a review of pertinent regulations on personal protective equipment; proper use of equipment, lifting techniques and ergonomics; safety awareness in the workplace; and a review of accidents involving personal protective equipment. Participants will need to bring basic personal protective equipment and writing materials to class.

Course Length: 1 to 2 hours Stationary Equipment Safety: Course provides participants with general knowledge of the hazards associated with stationary equipment used on the mine site. Intended for mineral miners and other interested persons, available modules include regulation review related to stationary equipment, proper guarding techniques, site-specific hazards and conditions associated with the equipment, and review of pertinent accidents involving stationary equipment.

Participants will need to bring writing materials and personal protective equipment with them to class.

Course Length: 1 to 8 hours Mining and Personal Health: Course provides a review of major health issues related to mining. It covers the health hazards which may result from exposure to silica dust and excessive noise and recommends ways that one can secure the needed protections to prevent injuries, e.g., changes in engineering and use of personal protective equipment. Intended for all mineral mining personnel. Writing materials and personal protective equipment may be needed for class.

Course Length: 30 minutes to 1 hour Other Courses Hazard Communication: Course provides an understanding of material safety data sheets (MSDS), employee right-to-know laws, and labeling of hazardous chemicals. Designed for every employee to encourage personal safety and health in handling chemicals on-site.

Course Length: up to 4 hours Location: provided on-site at operator’s request Emergency Response Plan: Course designed for the front-line supervisor and upper management. Topics include importance of a response plan, benefits of the planning process, components of a plan, and exercises in developing and updating a plan. Other topics include the importance of good communication between responding agencies, legal authority on the scene, media relations, and implementing the plan.

Course Length: 8 - 12 hour workshop Location: provided at DMM office Emergency Response Plan Implementation: This course reviews the mine site’s existing emergency plan with the employees, discusses how and why the plan was developed, and how it will be implemented in the event of an emergency. This is a site-specific program requiring a mine site to have an existing plan in place.

Course Length: approximately 2 hours Location: provided on-site at operator’s request Hazardous Materials Awareness and Operations (HAZWOPER): Follows the outline developed by the International Society of Fire Service Instructors. Topics include basic defensive identification and recognition of hazardous materials spills or leaks, use of material safety data sheets, and proper responses to ensure personal safety when a spill or release occurs. This is designed to increase awareness among employees of basic hazards and meets the OSHA 29 CFR 1910.120 standard.

Course Length: 8 hours Location: provided at DMM office Blood-borne Pathogens Awareness: Course introduces the attendees to the hazards of blood-borne pathogens and is appropriate for any employee that has knowledge of first aid. Topics include a definition of pathogens, how they are spread, their dangers and hazards, and universal precautions to take, e.g., personal protective equipment, when exposed to blood-borne pathogens.

Course Length: up to 2 hours Location: provided on-site at operator’s request Services Environmental Services DMM staff is available to provide information and assistance to the mineral mining industry in the areas of:

  • Handling of solid wastes;
  • Proper disposal of hazardous wastes and materials;
  • Wetlands establishment and protection;
  • Underground storage tanks;
  • Department of Environmental Quality, Department of Health, Marine Resources Commission, and Corps of Engineers applications;
  • Air and water quality; and
  • Material recycling.

DMM field staff will conduct on-site assessments to assist in resolving environmental problems. The staff will also coordinate with responsible agencies.

Mined Land Reclamation Services DMM staff is available to assist the mineral mining industry in implementation of efficient and cost-effective methods of meeting the reclamation requirements of Chapter 16, Title 45.1 of the Code of Virginia. Such assistance may be in the areas of:

  • Permit application, amendment, and renewal preparation;
  • Regulatory compliance;
  • Mine planning and operation;
  • Post mining land use;
  • Erosion and sediment control; and
  • Regrading and revegetation.

Assistance will be provided by DMM field and technical support staff.

Coordination with other local, state, and federal agencies may also be provided upon request.

Mine Safety Analysis Service The DMM staff, in cooperation with the mine operator, will provide an analysis of mine safety at the participant’s mine site. Mine safety analysis, the process used to improve employee safe work habits and workplace safety, may include the analysis of the following:  Company accident trends;  Records and record-keeping procedures;  Site conditions;  Observations of work practices;  Interviews with workers and supervisors;  Identification of workplace hazards;  Recommendations for changes in work practices; and  Evaluation of barriers to safe work practices.

The DMM staff will assist the operator in identifying the workplace activities, identifying the hazards associated with each activity, and developing recommendations to eliminate the hazards identified.

Education and Training Assessment Service DMM training staff is available to provide site-specific assessments of education and training needs before conducting training or providing services at mining operations. The assessment can address overall education and training needs for a site or may relate to a specific need of the operator. The assessment includes:  Interviews with company officials;  Interviews with employees;  Review of site accident history;  Review of site violation history;  Evaluation of national accident trends related to on-site activities to be addressed in training;  Review of DMM Risk Assessment Program;  Review of specific on-site equipment/operations to be addressed in training;  Determination of the number of employees to participate in training;  Assessment of company training resources including facilities, personnel, and equipment; and  Possible training schedules.

Upon completion of the assessment, a proposed lesson plan for education and training will be developed, including course outlines, time, and facility requirements. This plan will be reviewed with the company officials for modification and approval.

Referral to External Services There are a number of specialized courses and services that may be desired by operators and miners. The DMM staff can assist the industry in making contact with groups that can give professional services in the following areas:

  • Resource management;
  • Small business management;
  • Literacy programs; and
  • Drug/Alcohol abuse assistance programs.

DMM staff is also available to develop nontraditional courses and special materials for workers and contractors on such topics as mine hazards and safety and reclamation practices on mineral mines. These may include:

  • Newsletters;
  • Accident abstracts;
  • Hazard alerts; and
  • Communication Memorandums.

Training Resources Internal Training Resources The DMM has nine mine inspectors and two mine inspector supervisors who conduct education and training. Approximately 25 percent of their time is devoted to this task.

Positions and Qualifications of DMM Staff: The Division Director oversees the daily operation of the Division and its staff, providing assistance and support to the staff in all areas. He is certified as a MSHA Instructor-Trainer and a U.S. Department of Interior-OSM Instructor.

The Special Projects Manager oversees the reclamation of orphaned land mine sites and the waiver programs for mining in designated jurisdictions. He does public speaking in workshops and conferences related to public education and training in mine safety, health, and environmental issues.

The Environmental Engineer Consultant provides operator assistance in permitting and environmental issues and reviews mining permits. He does public speaking at workshops and conferences on these processes and issues.

Two Mine Inspector Supervisors assist the inspection staff in successfully performing inspection and training duties by coordinating field staff and activities.

Each is certified as a MSHA Instructor-Trainer, a General Mine Safety Instructor, and a Virginia-certified Surface Foreman. One is also a Virginia-certified First Responder and one is an Emergency Medical Technician.

Nine Instructor/Inspectors provide the safety, health, and reclamation inspections on Virginia mine sites and offer training in these areas, and assist with the certification program. Each is an inspector certified as a MSHA Instructor-Trainer, General Mine Safety Instructor, Virginia-certified Surface Foreman, and Virginia-certified First Responder.

There is one Technical Instruction Supervisor responsible for training and certification programs. He is certified as a MSHA Instructor-Trainer; a Virginia Emergency Medical Technician Instructor; a Virginia and Federal Emergency Management and Emergency Planning Instructor; a Virginia and Federal Hazardous Materials Instructor; an American Heart Association CPR Instructor; an American Red Cross First Aid and CPR Instructor; and a National Safety Council First Aid Instructor. He is also OSHA-approved for instruction in Blood-borne Pathogens, Hazard Communication Standards, HazWOper, and also provides general mine safety training.

One Office Services Specialist spends half her time providing administrative and clerical support for the training and certification programs and answering questions and offering assistance to industry personnel training and certification programs.

Funding: Training and education funding comes from the Commonwealth of Virginia’s General Funds and an MSHA Grant. The latter supports the Technical Instruction Supervisor position and related administrative costs. Income is also received from certification examination fees for the cost of printing and maintaining certificates. (See next section for additional information.) Equipment and Reference Material Available for Training Purposes Includes:

  • A video-lending library consisting of more than 300 safety and health videos and slide presentations available to industry on a two-week rotating loan basis. A complete listing may be found at Appendix I.
  • One satellite receiver with down-link and video recording capabilities.
  • TV/VCR combination units for use by inspectors when providing training.
  • Slide projector units for inspectors' use when providing training.
  • Slide/sound projector units for inspectors' use when using slide/tape presentations.
  • Video editing units capable of title and character generation on video tapes.
  • Video camera units, both VHS and 8 mm for on-site videotaping by inspectors.
  • Laptop computers and portable printers for each field inspector to improve communications and coordination of scheduling of training activities and pretraining assessments conducted on-site.
  • 35 mm cameras assigned to each inspector.
  • Certification materials include certification requirements; study guides for Surface Foreman, Surface Blaster, and Underground Blaster; examinations; and BMME forms.
  • First Aid Pocket Guide for review of first aid principles and practices used for Foreman certification courses and the General Mineral Miner certification.

External Training Resources State and Federal Government Resources Used by DMM:

  • U.S. Department of Labor - Mine Safety and Health Administration -technical assistance in mine safety and health issues; information through computers and other media.
  • National Mine Health and Safety Academy, Beckley, WV - for staff training and library and video resource; technical resource in general mine safety specific issues.
  • Virginia Polytechnic Institute and State University, Blacksburg, VA - for technical assistance in mining-related issues and training.
  • Community College System - classroom use for training.
  • Other federal and state agencies - as needed for technical assistance.

Other Resources:

  • National Mine Health and Safety Academy - first aid and other mine safety courses.
  • American Red Cross - basic first aid courses.
  • National Safety Council - basic eight-hour first aid courses.
  • EMP America - Medic First Aid eight-hour courses.
  • Virginia Polytechnic Institute and State University - continuing education and professional development courses.
  • Virginia Community College network - first aid courses and other technical and professional development courses.
  • Other state agencies.

Courses Available Through DMM MSHA-Related Courses: Status Annual Refresher - for underground and surface metal mines available New Miner Training available General Instructor available Certification Courses: Surface Foreman available 12/95 Surface Blaster available Underground Blaster available Surface Foreman Renewal available 3/96 Surface Blaster Renewal available 3/96 Basic 8-hour First Aid available Underground Foreman Renewal available 3/96 Underground Blaster Renewal available 3/96 General Mineral Miner available 1/96 General Mine Safety Courses - Site-Specific With Pretraining Assessment: Ground Control available Mobile Equipment Safety available Explosives/Blasting Safety available Travelways available Electrical Safety available Person Protection and Safety Awareness available Stationary Equipment Safety available Mining and Personal Health available

Other Courses: Hazard Communication - revised to meet federal requirements available Emergency Response Planning available Emergency Response Plan Implementation available Hazardous Materials Awareness and Operations (HazWoper) available

Services: Environmental Services available Mined Land Reclamation available Mine Safety Analysis available Education and Training Assessment available External Referral Services for Business and Productivity available Revenues and Costs The goal of the Division is to meet the education and training needs of its customers to the greatest extent possible. To determine how to best use its resources, an analysis of revenues and program costs was conducted. This section describes the Division’s legal directives and provides an analysis of the annual estimates of the revenues (tuition and fees), instructional support costs, and other program costs.

Statutory Provisions Section 45.1-161.49 of the Code of Virginia. An examination fee of $10 will be paid by each person examined. The fees are paid into the Mineral Mining Examiner’s Fund. The fund shall be used to pay compensation and expenses of the Board of Mineral Mining Examiners (BMME). The cost of printing certificates, forms, and other expenses incurred in conducting examinations and reviewing examination papers are also paid out of the fund.

Section 45.1-161.102 of the Code of Virginia. DMME may administer training programs for (i) assisting with the provision of selected requirements of the federal mine safety law and (ii) preparing miners for examinations administered by the BMME. The Department is authorized to charge reasonable fees to cover the costs of administering the training programs. The Director is not required to allocate more of the Department’s resources to training programs than are appropriated or are otherwise available, or are collected from fees charged to attendees.

Cost and Revenue Estimates Assumptions. The education and training services offered by DMM have traditionally been supported by appropriated funds and supplementary grants and awards. The $10 examination fee is paid by each person who takes an examination for certification. No additional charges have been made for any education and training services. The cost and revenue estimates made herein are based on the assumption that all funds appropriated for training and education will be used to continue offering services without charge. Additionally, grants and other revenue sources will be pursued in preference to charging for services.

Resources available. Nine mine inspectors and two mine inspector supervisors are involved in education and training services as part of their job responsibilities.

Approximately 25 percent of the time of these eleven employees is devoted to education and training. This translates into 605 work days per year, and $158,000 in salaries and fringe benefits. (220 work days per year x 11 x 25 percent, and $631,000 x 25 percent). Approximately $30,000 per year is appropriated to support the education and training activities of these employees. ($121,000 x 25 percent).

One technical training supervisor and one half of a clerical position are devoted full-time to education and training activities. These employees are funded in large part by a grant from the MSHA. Three hundred and thirty work days per year are available in these two administrative positions. (220 work days per year x 1.5).

The cost of salaries and fringe benefits for these positions is $50,000. Twenty-one thousand dollars is spent each year to support the education and training activities of these employees. Finally, the $10 examination fee is collected each year from approximately 100 applicants for certification. Approximately $1,000 is derived from the examination fee. Beginning in January 1996, an estimated $6,000 in examination fees will also be generated from certification of approximately 300 new miners and 300 renewals of existing certificates.

A total of 935 work days ($208,000 in salaries and fringe benefits) is available for education and training services. Including operating costs, a total of $265,000 is available from appropriations, grants, and fees to support the education and training of mineral miners.

Training requirements of the federal mine safety law. 30 CFR, Part 48, contains the requirements for training and retraining of miners. The standards applicable to underground and surface miners are separate and distinct. The mandatory requirements for training plans, training of new miners, training of newly employed experienced miners, training of miners assigned to a task in which they have no previous experience, annual refresher training of miners, and hazard training is detailed in Part 48. The cost per course and the estimated annual cost for this training are:

TRAINING REQUIREMENTS OF FEDERAL MINE SAFETY

LAW

INDIVIDUAL

COSTS

ANNUAL COSTS Training Plan* $225.00 $2,250.00 Training of New Miners (16 hrs.) 1,200.00  Training of Newly Employed Experienced Miners N/A  Training Miners Assigned to a Task in Which They Have No Previous Experience N/A  Annual Refresher Training of Miners (8 hrs.) 600.00  Hazard Training N/A  General Instructor (24 hrs.) $1,600.00 $1,600.00 TOTAL COSTS  $3,850.00 * Ten plans, one course.

Preparing miners for examinations administered by the Board of Mineral Mining Examiners. Section 45.1-161.46 specifies the certifications that will be issued by the Board. Certification for additional tasks may be required by Board regulations.

The individual cost per class for providing the training to prepare miners for examinations administered by the Board are:

COURSE

INITIAL

COST

RENEWAL COST Surface Foreman $1,600.00 $600.00 Surface Foreman Open Pit $1,600.00 $600.00 Underground Foreman

N/A N/A Surface Blaster $1,000.00  $600.00 Electrical Repairman

N/A N/A Underground Mining Blaster $800.00 $600.00 General Mineral Miner $600.00 N/A The estimated annual costs and revenues for preparing miners for examinations administered by the Board of Mineral Mining Examiners are:

COURSE

INITIAL

COSTS REVENUE

RENEWAL

COSTS  REVENUE Surface Foreman $4,800.00  $450.00 $7,200.00 $1,800.00 Surface Foreman Open Pit  50.00  200.00 Underground Foreman    200.00 Surface Blaster 3,000.00 300.00 1,800.00 400.00 Electrical Repairman     Underground Mining Blaster 1,600.00 150.00 600.00 50.00 General Mineral Miner 3,000.00 500.00   TOTAL $12,400.00 $1,450.00 $9,600.00 $2,650.00 Assumptions underlying estimates above: Surface Foremen costs are based on 15 people per class and three classes annually, and revenues for renewals are based on 12 classes and 15 people per class for a total of 180 people annually.

Surface Foreman open pit costs are based on five miners attending class for initial certification and 20 miners taking renewal classes.

Surface Blaster costs for initial certification are based on 30 miners attending three classes, while renewal costs are estimated on 40 miners attending three classes.

It is estimated the Underground Blaster costs for initial certification be based on 15 miners taking two classes and the renewal costs on five miners taking one class.

General Mineral Miner classes are expected to require five classes for an estimated 50 miners.

Mineral Mining safety training. A program of voluntary safety talks for mineral miners is authorized under Section 45.1-161.104. The safety training may include topical training and talks conducted either on-site or in classrooms.

The individual costs for providing safety talks and other topical training, based on no increase from 1994 levels, are:

SAFETY TALKS

INDIVIDUAL COSTS ANNUAL COSTS Safety Talk On-Site (<8 Hrs.)* $400.00 $85,200.00 Safety or Other Closely Related Topic (8 Hrs.)** $600.00 $24,000.00 First Aid (8 Hrs.)*** $600.00 $ 7,200.00 TOTAL  $116,400.00 Assumptions underlying estimates above: * 213 classes taught on-site. ** 40 classes taught on-site. ***12 classes taught on-site.

Risk Assessment Program. The 1994 Mine Safety Act directs that DMM resources should be allocated to those mines where risks of injury are greater than the risks at other mines in the Commonwealth. A risk assessment tool was developed in mid-1994. To assist those mines with greater indicated risk, DMM will dedicate a significant portion of its education and training resources to them.

At a minimum, at least two site visits will be made to these mines each year to offer services aimed at reducing accidents and injuries. Participation by the mines is voluntary, and it is expected that approximately 85 percent of the 90 mines will require education and training services. The estimated annual costs for providing education and training services to 77 mines identified through the risk assessment procedure is 77 x 2 days x $600 = $92,400.

SUMMARY OF EDUCATION AND TRAINING COSTS Training to meet requirements of federal mine law. $3,850.00 Preparing miners for certification examinations. 22,000.00 Safety talks and other topical training. 116,400.00 E&T services aimed at reducing accidents at sites with greater risk. 92,400.00 Services, course development, and evaluation. 30,350.00 TOTAL E&T COSTS $265,000.00 Marketing and Implementation DMM Customers To help ensure the success of DMM’s Education and Training Service, DMM's marketing efforts will reach not only its targeted customer groups but influential stakeholder groups as well. By keeping stakeholders informed, DMM will continue to garner their endorsement and support of the program. Therefore, a necessary component of DMM’s marketing efforts will be the communication of various outcomes of the development, implementation and evaluation of the education and training services. These will include:

  • Getting back to customers and stakeholders with the results of the needs assessment survey.
  • Reporting on education and training services once underway - enrollment, distribution, marketing/promotional efforts.
  • Providing results of evaluations of the services and marketing efforts.

Introduction of Services to Customers and Stakeholders DMM will issue a memo to operators, contractors and other interested persons with an informational summary of the Education and Training Plan attached. The summary will provide background information on the goals, objectives, and strategies; benefits of using the services; and the industry survey results. A summary of the services and one catalog of the training courses will be distributed to each mine.

Marketing Activities: Tools, Mediums, Content and Targeting The DMM will use a variety of marketing tools and mediums to communicate information about the Education and Training Service to DMM customers and stakeholders. As demonstrated by the needs assessment evaluation process, one of the most effective means of communication is one-on-one contact between DMM staff and their customers. Although effective, it is an obviously limited and labor intensive means of marketing the services; and while the value of such direct communications should not be overlooked or underestimated, DMM will need to use those tools and mediums that will enable it to efficiently and effectively reach the largest audience possible. These may include the following:

  • Site Visits by DMM Staff: One-on-one with mine operators and employees to promote and encourage participation in the education and training service, with special emphasis placed on those mines with higher accident/injury rates. DMM staff will have print materials available to introduce the customer to the program. Inspector/Instructor site visits and customized literature will be used to effectively market services customized to meet the needs of individual mines.
  • Mineral Mining Bulletin: Increase frequency of publication and expand focus on education and training activities, opportunities, and benefits.

Advertise training opportunities, when timely, and include information on customer feedback from customers’ needs assessment evaluations.

Feature articles on training innovations, new technology, accident/injury trends, and mines that achieve low lost-time injury rates.

  • Memos to Operators: Develop a special memo with eye-catching masthead to convey information on training opportunities (scheduling, etc.) that may accompany the more formal policy memorandums to operators, or be mailed alone.
  • Brochures, flyers, catalog: Information on the Education and Training Service will be available to DMM customers and stakeholders via a complete copy of the Education and Training Plan, a summary of the Plan which will be tailored for customers of the Education and Training Service, and a catalog of mine safety, first-aid, and reclamation course offerings. In addition, brochures or flyers will be developed to address specific categories of training, i.e., customized, on-site training services; customer assistance in obtaining nontraditional education and training from external sources; federally required mine safety training; certification training; environmental compliance; and new technologies and products.
  • Mine Safety Posters: In addition to the mine safety slogan and poster award program, posters will be developed to promote safe mining practices, list training courses and schedules, contacts, etc.
  • News Mediums: Market and promote the program through newspaper articles, television news feature stories, radio spots, articles placed in industry publications (Virginia Aggregates Association newsletter, Pit & Quarry , Construction and other industry magazines). Local newspapers will be used to advertise certification training opportunities where appropriate. Feature articles telling "success stories" concerning reduced injuries and workers’ compensation costs and other benefits experienced by education and training participants can be used to market the services.

Such features will be most useful when published in newspapers circulated in areas with significant mineral mining activity.

  • Program Endorsements: Seek public endorsement of the program by the Governor and/or Secretary of Commerce and Trade, the Federal Mine Safety and Health Administration, the Virginia Aggregates Association, and the Interstate Mining Compact Commission. The most effective endorsement will come from satisfied customers who have taken advantage of and benefited from the services.

Scheduling Ongoing Marketing Activities The DMM will establish an annual marketing schedule each spring for the ensuing fiscal year with assistance from the DMME Public Relations Coordinator to identify and prioritize marketing activities. The schedule will describe individual marketing initiatives and establish time lines needed to execute each initiative, allowing for necessary review, approval, procurement, and production activities.

Professional Development The professional development of DMM personnel is an integral component of the E&T Service. Professional development direction is derived from the assessed needs of DMM customers and the selected service strategies. The following is the professional development procedure for staff.

Purpose To create and implement a professional development plan which enhances the capabilities of the DMM training staff to meet the needs of our customers in the areas of education, training, and consultative services.

Values

  • Provide each staff member with the assistance necessary to allow them to develop the knowledge, skills, and abilities to deliver quality services.
  • Dedicate ourselves to obtaining new knowledge, skills, and abilities necessary to meet the changing needs of our customers.  Go beyond normal duties to help other DMM staff by providing assistance and advice helpful in achieving quality training and consultative services.
  • Remain open and flexible to accepting change in educational and training opportunities.

Goal To prepare staff to deliver DMM services to our customers in a knowledgeable, skillful, and professional manner.

Procedure I. Analysis of Individual Strengths and Weaknesses A. Basic Requirements for DMM E&T personnel:

  1. Presentation Skills a. Principles of instruction in adult education. b. Professional presentation skills. c. Training the instructor (MSHA instructor training).
  2. Technical Skills and Knowledge a. Mine safety. 1) Electricity. 2) Explosives. 3) Fire prevention, control, investigation. 4) Ground control/geology. 5) Mobile equipment. b. Personal health and safety. 1) Ergonomics. 2) First aid/first responder. 3) Hazard communication. 4) Hazardous materials training. 5) Industrial hygiene. c. Inspection and investigation techniques 1) Accident prevention. 2) Accident investigation. 3) Complaint investigation. 4) Computer/automated systems. 5) Emergency response planning/action. d. Environment and reclamation. 1) Engineering principles. 2) Environmental toxicities. 3) Environmental resource management. 4) Revegetation/restoration.
  1. Consulting Skills. a. Motivation of customers b. Situation analysis/evaluation. c. Negotiation/contract management.
  2. Certification Requirements a. MSHA instructor trainer certification. b. Mine inspector certification. c. Surface foreman certification. d. Relevant professional and job related certifications. e. First responder certification.

B. Evaluate Current Level of Knowledge and Competency of Staff

  1. Develop and distribute questionnaires to staff.
  2. Supervisory evaluation of questionnaires to determine staff needs.
  3. Provide recommendation and review with each staff member.

II. Training Provided as Determined by Technical Instruction Supervisor, Mine Inspector Supervisors, and Other Individuals A. Needs assessment results are used to determine customer-oriented training requirements.

B. Results of a professional development questionnaire are used to determine what additional knowledge, skills, and abilities are needed by each staff member.

C. Sources of training are identified to meet customer and individual needs.

D. Individualized professional development plans are developed for each staff member.

E. Professional development plans are reviewed and updated annually.

III. Process for Implementation A. Technical Instruction Supervisor schedules and coordinates the training activities of all staff members.

B. Technical Instruction Supervisor and supervisors monitor and track the progress of individual staff members through their plan.

Supervisors:

  1. Participate in classes with staff.
  2. Conduct training sessions for staff.
  3. Track progress by using individual status sheets and evaluation forms.

IV. Evaluation A. Technical Instruction Supervisor and Mine Inspector Supervisors monitor the performance of instructors to ensure that they have gained the level of knowledge, skills, and abilities needed to deliver training and consultative services.

B. Mine Inspector Supervisors, with input from customers, evaluate staff members as part of their performance evaluation.

C. Technical Instruction Supervisor and Mine Inspector Supervisors hold field meetings to promote consistency and quality in professional performance.

The form used in the professional development plan may be found at Appendix

K.

SERVICE EVALUATION AND PERFORMANCE MEASUREMENT Evaluation of the Education and Training Service is critical to the success of the program. It will enable the Division to determine if it is meeting the needs of its customers, modify the service, and shift resources where indicated.

The Division has established a plan for meeting the goals and objectives of the service, as outlined below.

Goal I. Eliminate accidents, injuries and fatalities and their corresponding costs.

Objective A. To provide training required by the Federal Mine Safety Act.

Data Collected

  • Information on what was requested and provided by the customer.
  • Completed education and training service evaluations.
  • Assessment of knowledge level of participants before and after training.
  • Risk survey information.
  • Data collected from company accident records, training records, DMM and MSHA statistics, and including violation history where available.

Data Outputs

  • Descriptive summary of services provided to and by the customer group.
  • Noted changes in level of comprehension and knowledge of participants.
  • Customer evaluation of education and training services as they meet MSHA requirements.
  • Ways to change and improve services in the future.
  • Numbers and types of violations and accidents which occur after training by the individuals and the operation.

Key Result Areas

  • Changes in participants’ knowledge.
  • Changes in rate of accidents, injuries, fatalities.
  • Changes in rate of violations issued and nature of violations.
  • Changes in quality of Education and Training services provided by DMM staff.
  • DMM responsiveness to customer requests.

Objective B. To provide training for persons seeking to obtain or maintain certification.

Data Collected

  • Information from customers and from the certification database.
  • Education and training evaluations.
  • Cost to DMM to provide service.
  • Data collected on accidents, injuries and fatalities in Virginia.
  • Data on violations, closure orders, and penalties in Virginia.

Data Outputs

  • Profile of customers.
  • Descriptive summary of services.
  • Cost of service provided.
  • Evaluation of quality of education and training service.
  • Customer suggestions for ways to improve or change services in the future.
  • Numbers and types of violations and accidents involving participants as shown in statewide trends.

Key Result Areas

  • Cost per unit for service provided.
  • Change in quality of education and training provided.
  • Changes in violations, accidents and other incidents involving certified persons.

Objective C. To improve customer knowledge and awareness of the hazards on mine sites and provide other traditional training requested by customers not mentioned in Objectives A or B.

Data Collected

  • Names of customer; topic(s) requested; teaching methods, materials, and equipment employed.
  • Completed education and training service evaluations.
  • Assessment of knowledge level of participants before and after training.
  • Risk survey information.
  • Data collected on accidents, injuries, and fatalities.
  • Cost to DMM and customer to provide service.

Data Outputs

  • Summary of services provided to customers.
  • Changes in levels of comprehension, knowledge, and behavior of customers.
  • Evaluation of quality of education and training.
  • Ways to change or improve service in the future.
  • Effects of education and training on risk reduction and number and type of accidents, injuries, and fatalities.
  • Total cost of service provided.

Key Result Areas

  • Changes in comprehension and knowledge.
  • Changes in participant’s behavior.
  • Changes in rate of accidents, injuries, and fatalities.
  • Cost-effectiveness of service provided.

Goal II. Promote sound environmental practices at mineral mines.

Objective A. To improve the environmental knowledge and awareness of customers.

Data Collected

  • Information on what was requested and provided to the customer.
  • Cost to DMM of providing services.
  • Knowledge level of participant provided service.
  • Information for reclamation and environmental hazards.
  • Data on violations issued by DMM.
  • Customer evaluation of services provided.

Data Outputs

  • Profile of customer.
  • Descriptive summary of services.
  • Total cost of services provided.
  • Change in level of knowledge and behavior of customers.
  • Evaluation of quality of services provided.
  • Customer suggestions for changing or improving services in the future.
  • Numbers and types of violations incurred after services are provided.

Result Areas

  • Cost per unit of service.
  • Changes in participant’s knowledge.
  • Changes in customer’s behavior.
  • Change in content and quality of education and training services.
  • DMM responsiveness to customer groups.
  • Reduction in violations and environmental impact and hazards.

Objective B. To provide services that encourage cost-effective environmental compliance.

Data Collected

  • Information on what was requested and provided to the customer.
  • Cost to DMM of providing services.
  • Knowledge level of participant.
  • Current environmental practices and costs.
  • Estimated cost to participants to perform work as suggested.
  • Actual cost of work performed.
  • Data on violations issued by DMM.

Data Outputs

  • Profile of customer.
  • Descriptive summary of services.
  • Total cost of services provided.
  • Change in level of knowledge and behavior of customers.
  • Evaluation of quality of services provided.
  • Numbers and types of violations incurred after services provided.
  • Total cost to perform work as suggested.

Key Result Areas

  • Cost-effectiveness of services provided to operator.
  • Cost per unit of service for DMM.
  • Changes in participant knowledge.
  • Change in quality of services.
  • DMM responsiveness to customer groups.
  • Reduction in violations and environmental impact and hazards.

Goal III. Enhance education and training opportunities in the mineral mining industry.

Objective A. To help customers in obtaining nontraditional education and training from external sources.

Data Collected

  • Information on what was requested by the customer.
  • Customer’s evaluations of the services provided by DMM and the training/services provider.
  • Service provider’s evaluation of their success in meeting the customer’s needs.
  • Cost of services or training provided.

Data Outputs

  • Profile of customers.
  • Profile of service provider.
  • Descriptive summary of services provided to customers.
  • Suggestions for changing or improving the service in the future.
  • Total cost of services provided.
  • Evaluation of quality of service provided by DMM and provider.

Key Result Area

  • DMM responsiveness to customer.
  • Cost-effectiveness of services provided.
  • Customer satisfaction with services provided.
  • Changes in service delivery.

Objective B. To provide quality, customized education and training services on-site, to all customers requesting it.

Data Collected

  • Information on what is requested by the customer.
  • Evaluation of services and customer responses.
  • Cost of services provided by DMM.
  • Data on workers’ compensation, productivity, and loss control.
  • Data on cost of environmental compliance.
  • Data on accidents, injuries, and violations.
  • Risk assessment information.

Data Outputs

  • Profile of customers and customer groups.
  • Description of services provided.
  • Suggestions for changing or improving services in the future.
  • Numbers and types of violations and accidents involving participants.
  • Customer evaluation of education and training service.
  • Summary of operational costs; environmental compliance, workers’ compensation, productivity, and loss control.

Key Result Areas

  • Changes in violations and accidents involving participants.
  • Changes in operational costs.
  • Change in quality of education and training services.
  • DMM responsiveness to customers and customer groups.

Goal IV. Effectively administer the Education and Training Plan and Service for customers of the DMM.

Objective A. To continuously evaluate and update it to reflect changes in technology, laws and regulations, and the needs of the mineral mining industry.

Data Collected

  • Evaluations of key result areas.
  • Data collected in the area of technology, law and regulatory changes.
  • Special issues revealed indirectly during providing of services.
  • Cost of providing new services.
  • Knowledge and skills of DMM providers and industry.
  • Special issues or needs identified by customers.

Data Outputs

  • Summary of key result areas.
  • Analysis of new or modified services.
  • Identify discrepancies in the knowledge and skills of DMM providers and industry.

Key Result Areas

  • Change services to increase participants’ knowledge.
  • Change quality of education and training services.
  • Cost-effectiveness of services and pay back to customers.

Objective B. To provide for professional staff development.

Data Collected

  • Results from performance evaluations.
  • Review of Professional Development Plan.
  • Staff evaluations from classes and training taken.
  • Assessment of knowledge and skill level of staff before and after training.
  • Cost of classes and training obtained by staff.

Data Outputs

  • Descriptive summary of classes and training provided to staff.
  • Noted changes in level of knowledge and skill of staff.
  • A cumulative evaluation summary of staff from supervisors and training participants.
  • Staff evaluation of Professional Development Plan in meeting their needs.
  • Ways to change and improve the Professional Development Plan.
  • Total costs of classes and training obtained by staff.

Key Result Areas

  • Changes in participants’ knowledge and skills.
  • Changes in quality of classes and training obtained for staff.
  • Changes in evaluation of staff’s professional capabilities.
  • Responsiveness of supervision in obtaining needed training.
  • Cost-effectiveness of training obtained.

Objective C. To ensure sufficient resources are available.

Data Collected

  • Summary of providing current and new services.
  • New services as identified in continuous evaluation of E & T Plan.
  • DMM budget information.
  • Workload analysis (office/field - mandates vs. customer requests.)
  • Other sources of customer funds and other resources.

Data Outputs

  • Summary of data inputs.
  • List of services that could be provided with other resources.

Key Result Areas

  • A focused, prioritized training program.
  • DMM responsiveness to customers.
  • Maintaining cost-effectiveness of education and training provided by DMM staff.

Objective D. To evaluate DMM’s marketing efforts.

Data Collected

  • Information disseminated and method used.
  • Requests received and E & T services provided.
  • Information on customers.
  • Survey of customer groups.
  • Complaints and inquiries.

Data Outputs

  • Requests compared to marketing efforts.
  • Profile of customers.
  • Results of survey.
  • Summary of complaints and inquiries.

Key Result Areas

  • Profile of customers.
  • Reaching all targeted customers.
  • Effectively communicating benefits of services.
  • Providing information on a timely basis.
  • Using the most effective mediums, methods, and resources.

APPENDIX A—Customer Needs Assessment for Small Operators B—Customer Needs Assessment for Large Operators C—Customer Needs Assessment for Safety and Environmental Directors D—Customer Needs Assessment for Speciality Mines E—Customer Needs Assessment for Mineral Mine Workers F—Customer Needs Assessment for Independent Contractors G—Customer Needs Assessment for DMM Stakeholders H—Findings by Customer Group I—Lesson Plans for Courses J—Listing of Safety and Health Videos and Slide Presentations K—Personal Development Plan for DMM Instructors L—Cost Analysis for Training M—Education and Training Assessment Service Form

Notice on Accessing Accident ReportsDoc ID: DM-M-05-05

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MEMORANDUM DM-05-05

TO:

All Mine Operators and Other Interested Parties

FROM: Frank A. Linkous, Chief

DATE: September 7, 2005

SUBJECT: Accident Investigation Reports

This memo is to provide notice that the Virginia Division of Mines will no longer be providing hard copies of Accident and Fatality Reports. Once finalized, all reports are posted on our website at http://www.mme.state.va.us/Dm/default.htm for review. In the future, reports will be sent electronically in PDF form if requested.

If you desire a PDF copy, please make available your e-mail address to Becky Moore at becky.moore@dmme.virginia.gov. Should you have questions, contact Frank Linkous at (276) 523-8226.

rlm

Blasting Complaint Investigation ProceduresDoc ID: DMM-P-213

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DIVISION OF MINERAL MINING PROCEDURE NO. 2.13.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Blasting Complaint Investigations Section Enforcement Last Revised 09/21/95

OBJECTIVE AND INTENT:

An established policy in the handling of blasting complaints is necessary to provide for a consistent and impartial response to these investigations while meeting the requirement of law and regulation. It is also essential in documenting and establishing a history for complaints received on individual mine sites.

PROCEDURES:

Notification from Complainant:

Refer to DMM Policy 2.12 for actions to be taken.

Arrival at the Mine Site:

  • The mine inspector will contact the complainant as soon as practical, but no later than 5 working days after the initial complaint is registered, to begin the complaint investigation.
  • The mine inspector will review the complaint with the complainant and any additional information pertaining to the complaint will be recorded on the Blasting Complaint Investigation Form (DMM-104e).
  • Upon arrival at the mine site, the mine inspector will inform the operator or his agent in charge of the mining operation of the nature of the complaint and the intention to conduct an investigation.
  • When investigating a blasting complaint, the mine inspector will not divulge the name or location of the complainant to the mine operator unless the complainant has expressly indicated that their identification may be released.
  • The mine inspector will review blasting records and loading procedures for a time period sufficient to establish any possible pattern (approximately 6 months).
  • If seismic monitoring of airblast and ground vibration are not being routinely conducted, or the location of the monitoring device make determination of a blasting complaint difficult, the mine inspector may require the operator to perform seismic monitoring for the next three consecutive blasts.
  • The mine inspector will be present and observe the loading and shooting of one or more of the blasts being monitored as a result of the complaint.
  • In complaints involving flyrock, the mine inspector may where necessary issue a Closure Order to cease blasting operations until such time as the mine inspector observes monitored shots, and a blasting plan is submitted and approved by the Division. Video documentation of the monitored blasts taken by the operator or his blasting contractor may be considered in lieu of monitoring by the mine inspector for two of the three blasts.

Preparation of the Investigation Report:

  1. 13-1 DIVISION OF MINERAL MINING PROCEDURE NO. 2.13.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Blasting Complaint Investigations Section Enforcement Last Revised 09/21/95
  • The mine inspector will place any detailed finding, recommendations, and a summary of any enforcement action initiated as a result of the complaint on the Blasting Complaint Investigation form (DMM-104e).
  • If monitoring is required, seismic data for the three shots monitored will be obtained by the mine inspector from the operator or his contractor and recorded on the Blasting Complaint Investigation Form (DMM Form 104e).
  • The mine inspector will distribute the Blasting Complaint Investigation Report in the following order:

∗ the original with the complainant information will be submitted to the DMM office; ∗ the first copy will be sent to the operator or his agent at the affected mine site; ∗ the second copy will be placed in the mine inspector’s field file for the affected mine site; ∗ the third copy will be hand delivered or mailed to the complainant, if name and mailing information have been provided by them; and ∗ the final copy will be mailed to the mine inspector supervisor in the weekly mailing of other inspection documents.

  • The mine inspector will distribute any corresponding Inspection Reports and Notice/Order forms generated during the complaint investigation in accordance with DMM Policy 2.7.

Data Entry:

  • The mine inspectors will enter any complaint data pertaining to actions taken on the Complaint Investigation in the Complaint Tracking screen (DMM.CMSS.01).
  • The Permit Section Program Support Technician will file complaint investigation reports in the individual permit files. Blasting complaint investigation reports containing confidential information, such as the complainants name, telephone number, or address, will be placed in a special confidential folder contained within the permit file.
  1. 13-2

Guidance on Releasing Reclaimed Areas with Gas WellsDoc ID: DMLR-G-18-07

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DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 18-07 Issue Date: October 16, 2007 Subject: Completed Areas and DGO Permitted Operations

This memorandum is intended to provide guidance for obtaining the release of DMLR jurisdiction on completed areas that may still have gas well activity under a Division of Gas and Oil (DGO) permit.

As provided by §45.1-361.2 of the Code of Virginia2, as amended, gas well work and the associated operations may be considered as postmining land uses on areas which have been reclaimed under a permit issued pursuant to the Virginia Coal Surface Mining Control and Reclamation Act of 1979 (Chapter 19, Title 45.1 of the Code of Virginia, as amended) and the regulations promulgated thereunder.

When a permittee has properly reclaimed the permitted area or increment in accordance with the Virginia Coal Surface Mining Reclamation Regulations and the permit’s approved plans, a request for release of the area(s) that are also permitted under a DGO permit may be submitted to DMLR. The release request will be handled administratively by DMLR and will not require the bond release procedure of §§4 VAC 25-130-800.40 or 4 VAC 25-130-801.17 of the regulations. The request should identify only the area(s) jointly permitted and bonded by DMLR and DGO that will continue to be utilized under the DGO permit.

If the permittee wishes to request release of the area permitted for the gas well or associated operations, the following information should be provided to the Reclamation Enforcement Inspector on the applicable sections of the electronic permit application form (DMLR-PT-034e) –

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 Nothing in this chapter shall be construed as limiting the powers of the Director relating to coal surface mining operations and reclamation. The provisions of Chapters 17 (§ 45.1-198 et seq.) and 19 (§ 45.1-226 et seq.) of this title, including but not limited to requirements for permits and bonds, shall apply to gas, oil, or geophysical operations located on areas for which a coal surface mining permit is in effect and shall be in addition to the requirements for gas, oil, or geophysical operations set forth in this chapter, except that well work and the operation of pipelines on areas which have been reclaimed by the surface mine operator or the Director shall be treated as postmining uses. The Director shall give special consideration to the development and promulgation of variances from the postmining use requirements of Chapter 19 of this title for gas, oil, or geophysical operations; however, all such variances shall be consistent with the provisions of the Virginia Coal Surface Mining Control and Reclamation Act of 1979 (§ 45.1-226 et seq.).

GUIDANCE MEMORANDUM1 No. 18-07 Issue Date: October 16, 2007

Subject: Completed Areas and DGO Permitted Operations Page 2 of 2

Release of Completed Areas that are Permitted under a DGO Permit

Section(s) Item/Narrative/Attachment

  1. 6 Enter the code of “BR” to designate the release of the relevant permit area.
  2. 16 Section(s) to be modified by the application.
  3. 12 Amount of completed acreage being deleted from the DMLR permit but retained on DGO permit.
  4. 6 Land use information.
  5. 7 Provide a copy of the applicable DGO permit(s). 19 Narrative – If the release request involves incremental bonding, the narrative shall identify the specific bond reduction amount for each increment. 21.1 Certification-application for permit (DMLR-PT-034D) 21.2 Maps (deletion and, where applicable, incremental bonding maps) 21.4 Map legend (DMLR-PT-017)

If the Reclamation Enforcement Inspector concurs with the request, the application may be uploaded and submitted to the Big Stone Gap office for further action.

The DMLR, after confirmation with DGO, may approve the release of the completed area and the applicable performance bond associated with it. The areas that are not covered under the DGO permit or areas that continue to be jointly utilized by both the DGO and DMLR permits (e.g., haulroads, ponds, etc.) will not be released until the areas have complied with the liability period, standard bond release requirements, and release process under §§4 VAC 25-130-800.40 or 4 VAC 25-130-801.17 of the regulations.

Should you have any questions regarding this guidance memorandum, please contact the DMLR Reclamation Program Manager (276: 523-8160) or Chief Engineer (276: 523-8156).

Mine Safety Hazard Management GuidelinesDoc ID: DM-G-161258

Original: 195 words
Condensed: 195 words
Reduction: 0.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.4

ARTICLE 2

WORK AREA EXAMINATIONS, RECORDKEEPING, AND REPORTING Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.258.

Areas with Safety or Health Hazards

Hazardous Conditions

Any hazardous condition identified at surface mining operations must be corrected promptly or barricaded and/or posted with warning signs. Certain potentially hazardous conditions cannot be promptly corrected and can only be handled through barricading and/or posting of warning signs. Mining activities adjacent to gas wells and gas transmission lines are of special concern and must be barricaded or posted. Explosives magazines, old mine works, highwalls near access roads and other similar potential hazardous conditions must be identified and controlled by the operator.

Imminent Danger

Any imminent danger which can not be removed within a reasonable time must be reported to the Chief. Misfires with explosives which are not cleared within a shift would be an example of an incident which must be reported. Also, imminent dangers related to unstable refuse piles and/or impoundments would require reporting. Any other imminent danger situation which continues longer than a normal working shift should be reported.

Air Pollution Control Plan for Mining OperationsDoc ID: DMLR-M-8-82

Original: 207 words
Condensed: 194 words
Reduction: 6.3%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 8-82

Air Pollution Control Plan (issued 3/31/82, updated 10/1/01)

In accordance with §§4 VAC 25-130-780.18(b)(9) and 4 VAC 25-130-784.13(b)(9) of the Virginia Coal Surface Mining Reclamation Regulations, the Department of Environmental Quality (http://www.deq.state.va.us/ - Air Compliance Office) will review the Air Pollution Control Plan of each coal surface mining and reclamation operation permit application and have the opportunity to submit comments pursuant to §4 VAC 25-130-773.13 of the regulations.

The Air Pollution Control Plan should include, at a minimum, the following information:

Surface mining operation - Fugitive dust control plan for haul-roads (all the way to the pit) and for the equipment use in the mining process, particularly dust collectors on drills.

Surface disturbances of Underground operations -Fugitive dust control plan for haul-roads (all the way to the underground mine face), open stockpiles, storage silos (particularly rock dust silos).

Preparation Plants, Tipples, and Refuse areas’ Fugitive dust control plan for haul-roads and areas associated with these facilities.

§§4 VAC 25-130-816.95 and 4 VAC 25-130-817.95 set forth the performance standard requirements for air pollution control. These do not supersede any requirements administered by the DEQ’s Air Compliance office.

Mining Near Occupied Dwellings Waiver GuidelinesDoc ID: DMLR-M-6-88

Original: 122 words
Condensed: 122 words
Reduction: 0.0%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 6-88

Waiver to Mine Within 300 Feet (issued 5/6/88, updated 10/1/01)

§4 VAC 25-130-761.11(e) of the regulations allows a company to mine within 300 feet of an occupied dwelling if the owner(s) of the structure has provided a written waiver consenting to surface coal mining operations closer than 300 feet. The waiver must be executed and approved by the Division prior to the company’s land disturbing activities within 300 feet of the dwelling.

The permittee may utilize form DMLR-PT-223 in obtaining the written waiver. The waiver should also provide for the transfer of the permit to subsequent applicants without requiring new waivers.

Photographic Documentation for ReclamationDoc ID: DMLR-P-3105

Original: 652 words
Condensed: 444 words
Reduction: 31.9%

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.1.05

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Photographic Documentation Section Reclamation Services Last Revised 5/12/2009

OBJECTIVE AND INTENT :

To obtain and store digital photographic documentation of field conditions regarding Titles IV and V activities and to provide evidence of violations.

PROCEDURES :

Field Inspectors have been provided with digital cameras to document -

  • all enforcement actions and complaint investigations.
  • damage to property or to the environment resulting from violation(s) or AML situations.
  • on-site conditions prior to bond reductions and releases.
  • the history of mining.
  • mining and reclamation activities to be used for public information and training.
  • status of AML construction projects.

Photographs taken to document inspections on Title IV and Title V sites, complaint investigations, and enforcement actions must be attached to the appropriate inspection or complaint report. These pictures are automatically stored with the reports upon uploading the document.

IMPORTANT: Before you place any photo into any electronic folder or report, the picture(s) must be compressed. If not already compressed, use the following procedure to compress all photos using IrfanView:

1) Select the picture you want to save or insert into your document and right click to choose open with IrfanView. 2) Click on IrfanView. 3) Click on Image listed on tool bar. 4) Choose resize/resample from drop down list 5) Click on resize/resample and choose 640X480 pixels and Click O.K. 6) Select “Save As” to save your compressed picture to Desktop. 7) Place your picture into the appropriate folder/document.

When preparing the word document in the enforcement program use the following to insert a picture into the report after it has been compressed:

  1. Place the cursor where you want to insert the picture.
  2. Click “Insert” on the menu bar.
  3. Select “Picture” on the menu.
  4. Select “From file” in the sub-menu.
  5. Navigate to the picture you want to insert, select it, and click insert.

Other photographs taken that need to be retained due to significant importance must be

1DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.1.05

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Photographic Documentation Section Reclamation Services Last Revised 5/12/2009

placed as listed below:

1) For complaints involving AML issues, place these pictures in the AML complaint file folder for the complaint number located at\\wap01512\DMLR\permit_supplements. Create a new folder within the AML compliant folder and name it “photos”. The complaint file will be created at the time that the complaint investigation is mailed to the citizen by the RS Office Services Specialists

2) For complaints involving Enforcement inquires or complaints that do not involve a permit, place these pictures in the appropriate file folder for the complaint number located at\\wap01512\DMLR\permit_supplements. The inquiry/complaint file will be created at the time that the complaint investigation is mailed to the citizen by the RS Office Services Specialists

3) For pictures (including complaints ) involving a permitted site, unpermitted/exemption sites, a coal exploration notice, place these pictures in the permits supplemental folder for that particular permit, unpermitted/exemption site, or notice located at \\wap01512\DMLR\permit_supplements.

For new permits, notices, or complaints contact the RS Office Services Specialists if no folder is listed. If no photo folder is present for a particular site that does not involve a complaint, please create a new folder and subfolders, as necessary, within the site folder and name it “Site photos”.

4) For pictures of AML project sites, please place these photos in the photo folder within the AML project folder. The AML Project folder can be found at \\wdb01513\AMLProjects. Contact the AML Office Services Specialists if no folder is listed.

NOTE: In order to limit the space on the servers, please limit the pictures you place in these folders. For other pictures that you may wish to keep, but do not need to be placed in the file folder, please save these on the hard drive of your computer and back up these pictures quarterly on the external hard drive per directions.

2

Mineral Mining Tonnage Reporting ProceduresDoc ID: DMM-P-412

Original: 339 words
Condensed: 246 words
Reduction: 27.4%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.12.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Mineral Mining Quarrying Schedule Section Permitting (Tonnage Report) Last Revised

OBJECTIVE AND INTENT:

To ensure that annual production information is collected and handled in an efficient and timely manner.

PROCEDURES:

  1. In December the Program Support Technician will prepare a mailing to operators to collect the worker and production information as required by 45.1-161.292:35, Code of Virginia. The mailing will include a transmittal letter, Mineral Mining Annual Tonnage Report (DMM-146), and a self-addressed return envelope. All permits will receive a request for production information.
  1. The Program Support Technician will receive the production information and review it for completeness within 5 days after receipt. Reports found to be incomplete on first review will be returned to the operator for correction or additional information. Resubmitted reports found to be incomplete will be returned to the Mine Inspector to obtain needed information. Mine Inspectors will be receive copies of letters and reports returned to operators.
  1. Complete reports will be entered into the Tonnage section of the Mineral Mining System within 10 days of receipt (refer to Mineral Mining System Manual for directions).
  1. After the data entry process is completed a copy of the Mineral Mining Annual Tonnage Report (DMM-146) will be sent to the Mine Inspector. The original report will be filed in the DMM office permit file.
  1. After February 15 the Program Support Technician will enter the Mineral Mining System and generate the Delinquent Tonnage Report and distribute it to the Mine Inspectors and Mine Inspector Supervisors. The Delinquent Tonnage Report will be provided from the DMM office once each year.

After the initial report the Mine Inspectors will access the system and generate their own report to track delinquent tonnage.

  1. Mine Inspectors will issue a Notice of Violation to operators who have not submitted production information by February 25 of each year. Prior to issuing a Notice of Violation the Mine Inspector will contact the DMM office and attempt to contact the operator to assess the status.
  1. 12-1

Virginia Dock Foreman Certification RequirementsDoc ID: DM-C-DF

Original: 313 words
Condensed: 275 words
Reduction: 12.1%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

DOCKFOREMAN

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Dock Foreman This certification authorizes the holder to: ƒ Perform duties required by State and Federal Laws and Codes as a certified foreman and/or examiner at docks and other load out facilities ƒ Record on-shift examinations NOTE: This certification shall not be used in lieu of any other certification.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ One year experience at dock or appropriately related work experience approved by the Chief of the Division of Mines ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable) ƒ Hold a General Miner Certification

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ First Aid (FA) 20 ƒ Electrical and Equipment (EE) 20 ƒ Surface Mining Laws (MP) 20 ƒ Federal Regulations (FR) 20 ƒ Gas Detection – practical demonstration ƒ Records – practical (not implemented)

RECOMMENDED REFERENCE/STUDY MATERIALS: ƒ Title 30 CFR Parts 48, 71, 77 ƒ Coal Mine Safety Laws of Virginia ƒ BCME Requirements ƒ Preparation Plant Foreman Study Guide ƒ First Aid for Miners Study Guide ƒ Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

Revised 06/02/08

Mining Land Reclamation Inspection ProceduresDoc ID: DMLR-P-3301

Original: 2,295 words
Condensed: 1,865 words
Reduction: 18.7%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL ISSUE DATE May 22, 2013 SUBJECT (Chapter 19) Section Reclamation Services Enforcement & Inspection Procedures Last Revised 1/23/09

OBJECTIVE AND INTENT:

To ensure the Field Inspector/Supervisor inspects assigned operations in an accurate, consistent, and timely manner and issues necessary enforcement action(s).

GENERAL:

The Field Inspector must ensure that the permittee complies with the requirements of the Act, and particularly with the performance standards set forth in the Virginia Coal Surface Mining Reclamation Regulations (Subchapter VK).

For the purpose of conducting an inspection, and under Section 45.1-244A(3) of the Act the Inspector or authorized representative of the Director has the right of entry to, upon, or through any coal surface mining activity without advance notice (upon presentation of his or her DMLR/DMME identification card).

Inspection Frequency:

The Inspector shall conduct an inspection on:

  • an active site or a reclaimed active site: at least one partial inspection per month and one complete per calendar quarter.
  • an inactive site: (completion materials approved and Phase II reclamation completed) periodically as deemed necessary, but at least one complete inspection per calendar quarter.
  • an operation in Temporary Cessation status: periodically as deemed necessary, but at least one complete inspection per calendar quarter.
  • a coal exploration site: at least one complete inspection per calendar quarter.
  • an abandoned site, as per 4 VAC 25-130-840.11(g) and (h): at least one complete inspection per year; however, additional inspections may be necessary to monitor for changes of environmental conditions or operational status at the site. Once the site is determined to be abandoned by the Inspector, a request to publish the notice required by 4 VAC 25-130-840.11(h)(2) shall be forwarded to the Reclamation Services Office Specialist.
  • a permit revocation site shall be inspected as an active site until Phase II reclamation has been achieved. Once the standards of Phase II reclamation have been met, the site may be classified as an inactive site or abandoned site, and shall be inspected, accordingly.

An immediate inspection must be conducted when:

  • the Inspector or other authorized representative has reason to believe that a violation at the site exists, or a condition or practice exists, which creates (or could create) an imminent danger to the public health or safety or threatens significant imminent harm to the environment.
  • the Inspector receives information alleging that a violation, condition or practice exists at the site which poses an actual or potential threat to the public health or safety or to the environment. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL ISSUE DATE May 22, 2013 SUBJECT (Chapter 19) Section Reclamation Services Enforcement & Inspection Procedures Last Revised 1/23/09

  • a citizen requests an inspection under 4 VAC 25-130-842.12.

Procedures for Conducting an Inspection - Part 4 VAC 25-130-840:

Upon arriving at the mine site, each DMLR representative shall make his or her presence known to the official in charge by presenting proper credentials (clip-on ID or DMLR ID card).

Inspection or entry into buildings shall be conducted only upon consent of the permittee or by search warrant.

If the Inspector plans to visit a permit site with the expectation that no company representative will be present, the company’s office personnel should be contacted and informed that an inspection or visit will be conducted.

The Inspector shall review, with the person in charge of the day-to-day operations, the detailed plans and regulations during the complete inspection of the active permit. (However, this is not required if the permit is in temporary cessation status.)

This review will enable the operator to balance what the company may be planning to do during the next quarter with what the actual approved plans and regulations may require or allow it to do. It will also allow the operator to know beforehand whether the company could follow its approved plans or whether it needs to revise the plans to fit the permit site conditions.

Inspection Reports:

Inspectors shall describe and document their inspection findings and summarize discussions with the company’s representative on the “Inspection Report” form (DMLR-ENF-044S). The Inspector shall ensure that:

  • all applicable spaces are completed.
  • the narrative identifies all pertinent persons who were present or contacted during the inspection.
  • the narrative describes conditions or performance standards observed during the inspection. (the Civil Penalty Assessment Manual provides a reference list of potential performance standard statutory and regulatory violations the current narrative must be updated to include any changes to the permit’s status since the prior inspection. This may include recent revisions to the plans, bond reductions, new mining activity, additional reclamation, tree stocking, etc.

Issuance of Enforcement Action:

Revision Order Notice (RON): This notice (DMLR-ENF-194S) is issued by the Inspector to require the permittee to revise the approved permit plans under 4 VAC 25-130-774.11(b) and 4 VAC 25-130-774.13 of the regulations to ensure compliance with the Act and regulatory requirements.

The RON will: 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL ISSUE DATE May 22, 2013 SUBJECT (Chapter 19) Section Reclamation Services Enforcement & Inspection Procedures Last Revised 1/23/09

  • specify the nature of the permit deficiency.
  • cite 4 VAC 25-130-774.11(b) and any other applicable regulation that the RON is based upon. describe the portion, section, or area of the permit that is subject to the RON
  • set a reasonable abatement date for compliance with the RON. The Inspector may extend the RON’s abatement date, if the permittee’s inability to submit the revision was not due to a lack of due diligence on the permittee’s part. RONs are not subject to a total 90 day time limit.

A RON will be terminated by form DMLR-ENF-047S once the Inspector determines that the permittee has complied with the RON’s remedial action. Should the permittee fail to comply with the RON, the Inspector shall issue a Notice of Violation.

Notice of Violation (NOV): This notice is issued by the Inspector. An “Inspector in Training” should not issue a NOV until completing the 90-day training period. Until the training period is completed, the Inspector would issue the NOV.

A NOV is issued by the Inspector for a violation of the Act, the regulations, or a condition of the approved plans for the permit that does not create an imminent danger situation. The NOV will be:

  • issued to the permittee or the agent of the company, and to the approved contractor(s) or operator(s).
  • hand delivered, whenever practical, or may be served by e-mail1 or certified mail.

The NOV form (DMLR-ENF-045S) shall be completed by the Inspector and shall specifically:

  1. state the nature of the violation;
  2. cite the complete regulation or statute violated (e.g., 4 VAC 25-130-816.41(e)(2);
  3. describe that portion of the permit area to which the NOV applies; including the GPS coordinates or other identifying landmarks relative to the most current permit map
  4. set forth the remedial action required, including interim measures; and,
  5. set a reasonable time for abatement, if applicable.

When the NOV comes due, the inspector will immediately2 evaluate whether the permittee has abated the NOV and complete necessary administrative requirements3 as soon as possible. If the Inspector extends the time set for abatement because of the permittee’s inability to comply within the abatement period and it was not due to a lack of diligence on the permittee’s part, the inspector will immediately2 obtain any necessary request from the permittee. The total time for abatement under the NOV (including all extensions) must not exceed 90 days from the date of issuance, unless the conditions set forth in 4 VAC 25-130-843.12 (f) are present. If the company requests an extension, the Field Supervisor shall evaluate the request with the Inspector. The Supervisor will notify the company by letter as to when the request is approved or denied. The Supervisor will place a copy of the permittee’s request and a copy of the DMLR extension request response in the appropriate permit file located at \\Wfbsg\approved_supp.

The Inspector shall describe each identified violation in the inspection report according to the violation effect guideline. (Refer to Civil Penalty Assessment Manual). 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL ISSUE DATE May 22, 2013 SUBJECT (Chapter 19) Section Reclamation Services Enforcement & Inspection Procedures Last Revised 1/23/09 The Inspector shall immediately2 terminate each citation of violation under the NOV by form DMLR-ENF-047S when he or she determines that the violation has been abated and complete necessary administrative requirements3 as soon as possible

If the permittee fails to abate a violation cited under the NOV within the required abatement period, a failure to abate cessation order shall immediately2 be issued in accordance with 4 VAC 25-130-843.11(b) and complete necessary administrative requirements3 as soon as possible.

Cessation Order (CO): This order is issued by the Inspector after consulting with the Supervisor or Reclamation Services Manager as necessary (radio or phone contact).

If the violation constitutes an imminent danger to the public or threat of significant imminent environmental harm, a CO shall be issued by the Inspector (form DMLR-ENF-046S).

If the CO does not completely abate the imminent danger or threat, the Inspector must also issue appropriate NOV(s) to the permittee to require affirmative actions to promptly abate the condition, practice, or violation cited. The CO and NOV(s) shall specifically set forth the date (and if necessary, the time) by which corrective measures must be accomplished.

A failure to abate CO shall be issued by the Inspector to the permittee when the company fails to comply the NOV within the set or extended abatement date. This type of CO shall be issued without an abatement date and shall expire after 30 days. (Note: The Inspector must compute time on all orders as prescribed in 4 VAC 25-130-700.15).

The CO will be:

  • issued to the permittee or the agent of the company (and to the approved contractor or operator); and,
  • hand delivered, whenever practical, or may be served by e-mail1 or certified mail.

______________________________ 1 If the company has submitted written permission to accept service by e-mail. 2 The word “immediately” is being used as a legal term (defined by Law.com at http://dictionary.law.com) which means: “at once; in orders of the court or in contracts it means "as soon as can be done" without excuse.” 3 Administrative requirements include, but are not limited to the time needed for preparing various Division forms, receipt of analysis reports, resolution meetings by interested parties, etc.

The CO form (DMLR-ENF-046S) shall be completed by the Inspector (or the authorized representative who issued it) and shall specifically:

  1. state the nature of the violation;
  2. cite the complete regulation or statute violated (e.g., 4 VAC 25-130-816.41(e)(2);
  3. describe the portion of the permit area to which it applies; including the GPS coordinates or other identifying landmarks relative to the most current permit map.
  4. set forth the remedial action required, if any; and,
  5. set a reasonable time for abatement (not applicable for failure to abate COs). 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL ISSUE DATE May 22, 2013 SUBJECT (Chapter 19) Section Reclamation Services Enforcement & Inspection Procedures Last Revised 1/23/09 The inspection report shall also instruct the company to submit current ownership and control information to the DMLR (see Procedure 2.2.05, Notification Process – Issuance of FTA Cessation Orders).

Reclamation and other operations designed to protect the public and environment must continue during the compliance period set out by the order.

The Inspector shall describe each violation in the inspection report according to the violation effect guideline. (Refer to Civil Penalty Assessment Manual).

The CO will remain in effect until the condition, practice, or violation is abated or the order is vacated, modified, or terminated in writing by the Inspector. The Inspector shall terminate each citation of violation under the CO by using form DMLR-ENF-047S when the Inspector determines that the violation has been abated and complete necessary administrative requirements3 as soon as possible.

Alternative Enforcement Action - In accordance with 4 VAC 25-130-845.15(b)(2), a failure to abate CO expires 30 days after issuance and alternative enforcement action must be taken within 30 days of the expiration. (See Procedure #3.3.08).

Hearings - see ADMINISTRATIVE HEARINGS PROCEDURES.

Civil Penalty Assessment Process - see CIVIL PENALTY ASSESSMENT MANUAL.

Discussion and Service of Enforcement Action:

When issuing a RON, NOV, or CO, the Inspector shall explain to the person served:

  • the violation(s) cited (law, regulation, or plan requirement not complied with).
  • that a RON, NOV, or CO is being issued, discussing: a) remedial action required, and b) time limit for abatement.
  • consequences of failing to comply with the enforcement action.
  • the right to contest the action in an informal or formal hearing.
  • that a civil penalty may be assessed for a NOV and will be assessed for a CO.

Service of the enforcement action to the permittee or authorized representative may be by:

  • hand delivery, where practical;
  • certified mail (receipt confirmed by the USPS); or,
  • electronic mail, if the permittee or authorized representative has completed and submitted the “Permittee Consent to Service by Electronic mail” form (DMLR-PT-265) to the Division. A copy shall also be sent to the DMLREnf electronic mailing address.

Distribution of Inspection Reports and Enforcement Actions : The Inspector shall: 5

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL ISSUE DATE May 22, 2013 SUBJECT (Chapter 19) Section Reclamation Services Enforcement & Inspection Procedures Last Revised 1/23/09

  • provide a printed or electronic copy to permittee/operator or authorized representative.;
  • forward the original, if a paper copy, to DMLR office, by way of the Supervisor.
  • if the enforcement report or action is sent electronically, forward a copy of the file in the Adobe (pdf.) file format to the Supervisor.

Flow of Reports - Reports shall be forwarded by the Supervisor to the DMLR office within 10 working days of the inspection or service of the RON/NOV/CO. 6

Groundwater Monitoring Frequency GuidelinesDoc ID: DMLR-M-3-99

Original: 91 words
Condensed: 87 words
Reduction: 4.4%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 3-99

Groundwater Monitoring Frequency (issued 11/5/99, updated 10/1/01)

The frequency for sampling and analyzing groundwater monitoring points for field parameters is changed from bi-weekly to twice each month, at least 7 days apart.

If the permit’s groundwater monitoring plan contains any other frequency, this memorandum does not modify the plan. Any other frequency change(s) must be requested through an appropriate revision application. Form DMLR-PT-101 was revised to reflect the frequency change.

RZ Mine Inspection ProceduresDoc ID: DM-P-10412

Original: 364 words
Condensed: 306 words
Reduction: 15.9%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.12

ISSUE DATE: August 31, 2005 SUBJECT: DM/DMLR Inspection of LAST REVISED:

“RZ” Mines

OBJECTIVE AND INTENT:

To provide guidance to DM Field Inspectors and Supervisors in inspecting sites with the assistance of DMLR at those sites designated as “RZ” (mining operations with no activity and no foreseen activity). These sites must have a valid DM mine index number and may require more than one inspection per year.

PROCEDURES:

  1. The DM Inspector will make the determination to designate an underground or surface mining operation as “RZ”. Once that is done, he will notify the DM Office Services Specialist who will send an e-mail message to the DMLR Enforcement Office Service Specialist and copy it to the DM Area Supervisor. The message will state:
  • name of the DM Inspector,
  • mine index number,
  • DMLR permit number,
  • and the number of inspections required each year for the site.
  1. The DMLR Enforcement Office Services Specialist will contact the appropriate DMLR Supervisor and Inspector.
  1. The DMLR Inspector shall conduct the required inspection and note on the inspection report the status of the mine. The Inspector will document site conditions in the “General Comments” section of the inspection narrative. Once the inspection report has been completed, the Inspector will e-mail a TIF image of the report to the DM Inspector (previously assigned to the site). The DM Inspector will complete the appropriate DM system report for data entry into the DM system. He will indicate the name of the person conducting the inspection along with the condition of the mine in the comments section of the report, as stated by the DMLR Inspector.

1-2

  1. If the DMLR Inspector finds that activities have resumed at the site that would require a DM inspection of equipment, electrical installations, record keeping, worker certification, etc., then the DMLR Inspector shall immediately notify by e-mail the DMLR Enforcement Office Services Specialist and the DM Office Services Specialist of the activity change.

The DM Office Service Specialist will notify the assigned DM Inspector and Area Supervisor. This will re-initiate the required DM safety inspections, and the DM inspector will assume inspection responsibility for the site.

2-2

Revised Land Reclamation GuidanceDoc ID: DMLR-G-23-08

Original: 964 words
Condensed: 730 words
Reduction: 24.3%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 23-08 Issue Date: March 17, 2008 Subject: Revisions: Insignificant vs. Significant; Acreage Amendments; and Incidental Boundary

The Department of Mines, Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR) is replacing DMLR Memoranda to Operators Nos. 1-87 and 5-98 with this guidance memorandum by consolidating the information of the aforementioned memoranda.

Significant and Insignificant Revisions

As set forth in the Memorandum of January 14, 1987 (1-87), the following criteria will be used to determine whether a revision application should be classified as significant or insignificant (§4VAC25-130-774.13).

Significant Revisions Minor (Insignificant) Revision (Any one of the following would (Where none of the conditions listed in generally cause the revision to be Significant Revisions exists and any of the considered significant.) following are the sole purpose of the proposed revision.)

  1. Change to issue that was subject to Post mining land use changes2 that do not public controversy or citizen/agency involve objections industrialization/commercialization (of areas not previously approved for such).
  2. Potential for adverse impacts upon Change in ownership where name and individuals or their rights address of the permittee does not change.
  3. Change from non-industrial/commercial to Deletion of undisturbed areas industrial/commercial land use.
  4. Increase in area above PMU where Change in coal removal method provided buildings/renewable resources may no additional adverse impacts will occur. be adversely impacted
  5. Addition of permanent coal Expanding/increasing coal amount

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

“In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code.”

2 Including gas well and lines permitted by the Virginia Division of Gas and Oil.GUIDANCE MEMORANDUM1 No. 23-08 Issue Date: March 17, 2008 Subject: Revisions: Insignificant vs. Significant; Acreage Amendments; and Incidental Boundary Page 2 of 3

Significant Revisions Minor (Insignificant) Revision processing facility or washing removed from seams or locations within facility (with NPDES discharge(s)) permit provided adverse environmental where none approved in original impacts do not increase in magnitude or in permit. time.

  1. Addition of coal processing waste Redesign/relocation of drainage control disposal area (other than structures – applicant shows perennial insignificant amounts) streams won’t be affected.
  2. Changes that could impact Change in mining cut/sequence surface/ground water quality/quantity. Changes in findings of PHC or CHIA
  3. Change from surface to underground Revisions to comply with remining mining operations, from room & regulations by using all available materials pillar to longwall, or addition of for partial highwall backfilling underground entries to surface operation
  4. Changes to operations/reclamation Addition of an entry/ventilation shaft to plans that may have adverse impacts underground mine, provided no additional not considered in original permit adverse impacts will result. approval. 10. Retention of impoundment as permanent. 11. Diverting perennial stream(s), unless can demonstrate no significant impact upon PHC or fish/wildlife. 12. Addition of NPDES discharge point(s) if significant to PHC (requires public participation under Clean Water Act).

Acreage Amendments

Consistent with 4 VAC 25-130-774.13(d), any request for a non-incidental extension to the area covered by an existing permit shall be made by application for a new permit (forms – DMLR-PT-034e, DMLR-PT-034p, & DMLR-PT-034o).

The Permittee may use one of the following to add non-incidental acreage. The application may:

  1. Be for a completely new permit for the proposed area (new permit number would be issued).
  2. Add the proposed acreage to the existing permit (permit number would remain the same, with the same anniversary and expiration dates). The application can reference applicable portions of the approved permit plans (with copies of the relevant sectionsGUIDANCE MEMORANDUM1 No. 23-08 Issue Date: March 17, 2008

Subject: Revisions: Insignificant vs. Significant; Acreage Amendments; and

Incidental Boundary

Page 3 of 3

included); however, it must provide all the information required for approval of a new permit for the proposed additional area. If the additional area affects any portions of the existing permit plans, those portions must also be updated and included with the application package.

Should DMLR find that the new area is not a functional extension of the existing permit, but rather a separate operation, the DMLR may require an application for a separate permit.

Incidental Boundary Revisions (IBR) 4 VAC 25-130-774.13(d) Include only minor changes to permit boundaries that are incidental3 to the approved operations (i.e., road alignment, drainage alignment, parking areas, additional entries/punch outs for underground operations, or other non-coal removal functions necessary for the orderly and continuous conduct of the approved operation).

  • Proposal to increase area available for coal removal will not be accepted as an IBR unless the coal removal is incidental to the primary purpose of the revision.
  • DMLR may approve small adjustments4 to permit boundary as an IBR when there is no net increase in the permitted area.

If you have any questions concerning this guidance memorandum, please contact the DMLR’s Reclamation Program Manager at 276-523-8160 or the Technical Services Manager at 276-523-8156. 3 An incidental boundary revision may be approved to allow coal removal as long as there is no net increase in permit acreage and does not exceed a 5 acres deletion/addition of coal removal acres.

4 The addition of 5 acres is the maximum amount that may be allowed during the life of the permit. The addition will be considered as an acreage amendment.

Underground Miner Work Experience RequirementsDoc ID: DM-G-161251

Original: 160 words
Condensed: 145 words
Reduction: 9.4%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 16

ADDITIONAL DUTIES OF CERTIFIED PERSONS AND OTHER MINERS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.251. A.

Employment of Inexperienced Underground Miners

Workday Requirements for Persons to be Classified as Experienced Miners

The MSA requires that inexperienced underground miners work with an experienced underground miner for at least six months following employment. Six months is to be interpreted as 120 days on the job. This work experience may be in consecutive days or intermittent. The operator must be able to verify through records that the minimum 120 days of work has been established prior to assigning a new miner to work alone.

Experienced surface miners, considered to be miners who have worked at a surface mine or surface area of an underground mine, are required to work 60 days with an experienced underground miner upon transferring to underground work.

Company Structure Update RequirementsDoc ID: DMLR-M-9-93

Original: 175 words
Condensed: 169 words
Reduction: 3.4%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 9-93

Company Structure Master File (issued 11/17/93, updated 10/1/01)

The permittee is required to update the ownership and control information whenever a change occurs in the company structure for the permittee and operator. Forms DMLR-PT-034p and DMLR-PT-034o are to be used to update the relevant information.

In order to reduce copying and costs for the permittee, the Division has established a company structure master file for the permittee information. Future permit applications may reference the permittee’s master file if no changes have occurred in the company’s legal structure since the last update. The permittee would only need to submit an affidavit (DMLR-PT-250) with the application materials certifying that no changes have occurred from the previous information filed with the Division.

The permittee must maintain and make available a duplicate copy of the master file at the appropriate courthouse(s) or public office(s) where the permit application (including significant revisions and renewals) is filed for public inspection.

Mine Accident Reporting RequirementsDoc ID: DMM-M-01-98

Original: 495 words
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Reduction: 6.9%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATION MEMORANDUM NO. 1-98

REFERENCE: 4 VAC 25-40-50—Duties of Mine Operators:

Reporting of accidents and injuries by the operator:

  1. Report any accident involving serious personal injury or death to any person on mine property. The report shall be made to the division by the quickest available means, and the scene of the accident shall not be disturbed until the division conducts an investigation. For accidents where the injured person is transported to a hospital, but confinement is not expected, the operator may either preserve the scene, or collect relevant physical data and photographs as specified by the division. The division shall be notified immediately upon learning that the injured person has been admitted to the hospital for medical treatment. Head injuries that result in loss of consciousness at the site shall be reported immediately.
  2. Keep on file a report of all accidents and occupational injuries occurring on the mine property for review by the division mine inspector. Such records shall be kept for five years.

INQUIRY: What specific physical data should be collected by the operator to comply with 4 VAC 25-40-50?

REVIEW: The Safety & Health Regulations for Mineral Mining, 1998 allow the mine operator to continue operating in an area where an accident has occurred if the accident was not fatal or is not anticipated to be classified as a "serious personal injury" as defined in the Virginia Mineral Mine Safety Act. In such cases, the operator assumes the responsibility to collect physical evidence and photographs in case the accident later results in a fatality or a serious personal injury.

INQUIRY RESPONSE: In order to comply with Regulation 4 VAC 25-40-50, the operator or his agent is to collect the following information regarding an accident where hospitalization is not anticipated and the Division of Mineral Mining is not contacted. If the operator or his agent cannot collect this information, then he must contact the Division of Mineral Mining by the quickest available means to determine what relevant data and photos are to be collected.

  • The date and time of the accident;
  • The name, address, and telephone number of the injured person;
  • Polaroid or 35 mm pictures of the accident site and equipment involved. Pictures should be documented with date, time name or photographer, and brief description of the photo taken;
  • Any physical evidence which may be relevant to the accident;
  • Identification of any equipment involved in the accident, including serial and model numbers, maintenance & inspection records;
  • Accurate measurement of the accident scene and a scale drawing where such documentation would assist in the evaluation of the accident;
  • Documentation that equipment or machinery involved in the accident has been reinspected after the accident by a competent person and documented by the certified foreman before being put back into service;
  • List of witnesses with addresses and telephone numbers; and
  • Name, address and telephone number of the employer if other than the licensed mine operator.

NPDES Permit Compliance and EnforcementDoc ID: DMLR-P-3305

Original: 1,053 words
Condensed: 917 words
Reduction: 12.9%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.05

PROCEDURES MANUAL

ISSUE DATE 03/19/15 SUBJECT NPDES Permits Section Reclamation Services Last Revised 8-18-00

OBJECTIVE AND INTENT:

To ensure the conditions of the National Pollution Discharge Elimination System (NPDES) permit are inspected and enforced by the Field Inspector pursuant to Section 45.1-254 of the Act.

PROCEDURES:

Violations of Effluent Limitations Identified and Documented by the Field Inspector:

Whenever the Inspector or other Division personnel suspects that a discharge originating from the permit site does not comply with the effluent limitation standard(s), a legal water sample should be taken of the discharge (including upstream and downstream samples). The Inspector should also document the nature and duration of the discharge in the inspection report (DMLR-ENF-044S).

If in doubt as to how to take a proper legal water sample, contact the Reclamation Water Specialist of the Water Quality section.

The water sample(s) must be analyzed by a DMLR approved contract laboratory. The analysis(es) will be evaluated by the Inspector, who shall take appropriate enforcement action, if necessary, per Procedure #3.3.01. (Note: If the discharge color is black and visibly changing the receiving stream’s color, appropriate enforcement action should be taken immediately to mitigate/correct the discharge.)

Violations of Effluent Limitations Reported by the Permittee:

If the permittee reports the effluent violation(s) to the Division by phone or submittal of the “Notice of Effluent Non-Compliance” reporting form (DMLR-PT-084), violations determined to be serious by the Water Quality staff shall be promptly investigated by the Inspector. The Inspector shall require the permittee to abate those violations within the DMLR’s jurisdiction as soon as possible.

Violations not deemed serious (or are included in the quarterly monitoring report compiled by the Water Quality staff) shall be evaluated and addressed by the Inspector upon the next inspection of the permit site. A copy of the inspection report will be provided to the Water Quality staff.

Effluent noncompliance’s reported by the permittee on the “Discharge Monitoring Report” form (DMLR-PT-119) shall be compiled and encoded into the Dynaterm system by the Water Quality staff.

The report shall be provided quarterly to the field Inspectors and Supervisors.

NPDES Monitoring Status Monthly Report:

Each discharge for which an effluent non-compliance was recorded shall be checked for compliance during the Inspector’s next inspection of the permit. A copy of the inspection report shall be provided to the Water Quality staff.

To aid the Reclamation Services Section in determining which effluent violations are of such magnitude or duration that they should be considered among DMLR’s priorities for regulatory review and 1

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.3.05 PROCEDURES MANUAL ISSUE DATE 03/19/15 SUBJECT NPDES Permits Section Reclamation Services Last Revised 8-18-00

possible enforcement action, the following notations will be made on DMLR.TMBR.07:

  • The letters “SNC” in the comment column will indicate Significant Non-Compliance. SNC will be determined by the Water Quality staff and shall be based on the discharge’s continual failure to comply with the technical review criteria (TRC) limitation(s).

TRC = 1.4 x the effluent limitation established for the monthly average in the NPDES permit for any two months of any consecutive six month period.

SNC evaluations will be made only for total suspended solids (TSS), Iron, and Manganese.

Settleable solids and pH have no monthly average limitations and therefore are not evaluated using this procedure. The TRC levels for the applicable parameters are:

Pollutant Monthly Average Limit TRC TSS 35 mg/l 49 mg/l Iron (existing source) 3.5 mg/l 4.9 mg/l Iron (new source) 3.0mg/l 4.2 mg/l Manganese 2.0 mg/l 2.8 mg/l

SNC is an effluent violation and must be addressed per Procedure #3.3.01.

  • The letters “CNC” in the comment column will designate Chronic Non-Compliance.

CNC will be determined by the Water Quality staff and will be based on the discharge’s chronic failure to comply with the monthly average effluent limitation for any four months of any consecutive six month period. Violations of the pH or settleable solids limitations in four months of any consecutive six month period will also constitute CNC.

CNC is an effluent violation and must be addressed per Procedure #3.3.01.

It is important to note that SNC and CNC determinations are evaluated on outfall-by-outfall and parameter-by-parameter bases.

Violation of NPDES Permit Conditions:

Failure to submit water monitoring reports in accordance with the approved NPDES permit is a violation of the permit conditions and 4 VAC 25-130-816.42 or 4 VAC 25-130-817.42 of the regulations.

When a delinquency/deficiency report” appears by the permittee’s name, it will remain for a three-month period unless the report is submitted. On the next site inspection the Inspector shall contact the permittee who had a “no report” recorded. The Inspector shall determine the status of the permittee’s Discharge Monitoring and Reporting program (necessary compliance action shall be taken per Procedure #3.3.01).

2DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.05

PROCEDURES MANUAL

ISSUE DATE 03/19/15 SUBJECT NPDES Permits Section Reclamation Services Last Revised 8-18-00 The Water Quality staff encodes into the Dynaterm system each water monitoring report submitted by the permittee. The Water Quality staff is available (by phone or radio) to respond to the Inspector’s inquiry(is) concerning whether specific monitoring reports have been received by the Division.

Other violations of the NPDES permit conditions, such as unauthorized discharges, will be evaluated and handled by the Inspector as observed. The permittee may be required to submit a permit revision (refer to Procedure #2.3.01) to correct NPDES violations/problems.

Enforcement Procedures for NPDES “Only” Permits:

These sites must have at least one complete inspection per quarter. The Inspector must inspect all portions of the permit site which pertain to performance standard codes SS, WM, and EF.

The Inspection Report form “DMLR-ENF-044S” shall be completed to document the inspection findings.

  1. Performance standards (SS, WM, and EF) must be checked with documentation in the Inspection Report.
  2. Impoundment Certification (DMLR-PT-092) for sediment structures will be required.
  3. Chapter 19 regulations and enforcement procedures will be used when citing violations (Procedure #3.3.01).

Removal of Sediment Structures:

The Inspector will evaluate pond discharges in accordance with Procedure # 3.3.16. When the pond removal requirements are met, the Inspector shall document in the inspection report as to when the sediment structure has been properly removed and the area stabilized. The inspector will forward the inspection report to the Water Quality Section so that the permit files can be updated. 3

Forestry Reclamation Approach GuidelinesDoc ID: DMLR-G-22-08

Original: 1,140 words
Condensed: 704 words
Reduction: 38.2%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 22-08 Issue Date: Subject: Forestry Reclamation Approach

The Department of Mines, Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR) through this guidance memorandum is replacing DMLR Memorandum to Operators No. 3-96 and DMLR Guidance Memorandum No. 2-01 with this memorandum by consolidating the information of the aforementioned memoranda and providing the recommended practices for a Forestry Reclamation Approach (FRA).

Historically, we have learned that some reclamation practices have resulted in three prevalent problems concerning reforestation and timber production: 1) excessively compacted mine soil, 2) inappropriate spoil material, and 3) competition from herbaceous ground covers established to control erosion.

The FRA husbandry practices outlined below should enhance reforestation efforts. In reclaiming areas to establish a successful forestry community, the company should give particular attention to -

  1. Spoil Selection – In addition to available topsoil, at least four feet of good quality mine spoil (i.e., best available material) should be placed on the surface to accommodate the needs of deeply rooted trees. Mine spoils with low to moderate levels of soluble salts, and equilibrium pH of 4.5 to 6.5, and a sandy loam texture are preferred. Oxidized sandstone found near the surface in most areas of the coalfields weathers quickly into good soil medium for trees; however, it must meet required pH limits.
  1. Grading – Minimizing soil compaction is extremely important. The problem is more prevalent on level areas that could be very productive if excessive compaction is avoided. Performing the dumping and leveling in separate operations should minimize compaction that occurs during the final lift. Trucks delivering the final

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 9-6.14:1 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."GUIDANCE MEMORANDUM1 No. 22-08 Issue Date: Subject: Forestry Reclamation Approach Page 2 of 3

layer of overburden can place the spoil in tightly spaced piles across the whole area.

After the spoil is in place, a bulldozer can knock the tops off the piles and gently level the area with one or two passes. These practices can be utilized in areas where slope ratios are 2:1 or less. In steeper areas, other methods such as cable dragging may be used, for leveling the final material that is dumped.

  1. Tree-compatible groundcover – Reforestation requires a carefully planned balance between ground cover for erosion control and the trees’ requirements for light, water and space. Ground covers should include grass and legume species that are slow growing, have a sprawling growth form, and are tolerant of acidic (pH 4.5 to 6.5), infertile mine soils. Tree-compatible ground covers are designed to be relatively sparse during the first year and become increasingly lush by the second and third year. This allows tree seedlings to emerge above the ground cover and ensures their survival. K-31 tall fescue and all clovers (except ladino) should be avoided. Typical seed mixtures for forestry post mining land use –

Species Rate – Species Rate – lbs/acre lbs/acre Foxtail millet 2 Orchard grass 5 (spring only) (on steep slopes only) Rye (fall only) 10 Kobe lespedeza 2 Red top 1 Birdsfoot trefoil 5 Weeping lovegrass 2 Appalow lespedeza 2 Perennial ryegrass 10 Ladino clover 3 Timothy 5 Fertilizer of 16-27-14 300 Annual Rye 20 & 0-60-0 100

  1. Tree species selection – Two categories of tree species are recommended: 1) crop trees and 2) nitrogen fixing nurse trees. Crop trees are long-lived species that offer value to landowners as salable forest products. Nurse trees and nurse shrubs species recommended for reclamation planting are nitrogen-fixing plants that benefit crop trees and provide food and cover for wildlife. Examples of crop trees and nurse trees/shrub species –

Crop trees Nurse trees or shrubs Pines: pitch x loblolly pine hybrid, Black Locust (should not be used with white pine, Virginia pine white pine); European black alder (use Hardwoods: yellow poplar, oak with white pine); Bicolor Lespedeza; species, white ash, sycamore, red Sawtooth Oak; Indigo Bush; Bristly Locust maple, sugar maple, black cherryGUIDANCE MEMORANDUM1 No. 22-08 Issue Date:

Subject: Forestry Reclamation Approach

Page 3 of 3

While these crop trees are appropriate for mine reclamation, an operator/landowner may wish to use some species and avoid other species if the silvicultural activity is also to serve as a carbon sequestration project. An operator that wishes to participate in a carbon sequestration project or other type of project should obtain recommendations for the specific species to use from reliable sources such as Virginia Tech’s Powell River Project, the Virginia Nature Conservancy, Virginia Department of Forestry, the Appalachian Regional Reforestation Initiative (ARRI), or

DMME.

  1. Proper tree planting techniques. (see the Virginia Department of Forestry’s recommendations at http://www.dof.virginia.gov/mgt/how-to-plant-seedling.shtml)
  2. Husbandry practices – to promote reforestation, which should include, but not be limited to -a) Split fertilizer application b) Ground cover – The permit plans should address the proposed herbaceous ground cover that will be established that is compatible for superior tree survival and growth rates. c) Species specific stem count for crop trees – Either pines or hardwoods may be selected. Hardwoods should be planted in mixtures of 3 or more species on approximate spacing of 10 feet by 10 feet to achieve a stand of 400 to 450 trees per acre. d) Nurse trees/shrubs – planted or hydroseeded with groundcover. Seedlings should be interplanted on a 15 X 15 feet spacing to achieve approximately 200 per acre. More than 200 stems per acre by age 2 will have negative impact on crop trees. e) Spot herbicide application – This is recommended when ground cover growth is especially vigorous to reduce competition and allow trees to become established.

The DMME encourages operators and landowners who propose to implement a post mining land use of forestry to follow these practices and incorporate such into the reclamation plans. In the event that the operator or landowner wishes to propose an alternative reforestation plan, the minimum success standards established under §§4VAC25-130-816.116 and 4VAC25-130-817.116 would have to be met and the DMLR will establish a minimum success standard for the necessary herbaceous coverage that will be required to ensure successful reforestation.

If you have any questions concerning this guidance memorandum, please contact the DMLR’s Agronomist at 276-523-8155 or the Technical Services Manager at 276-523-8156.

Confidentiality Guidelines for Mine Permit ApplicationsDoc ID: DMLR-M-2-85

Original: 198 words
Condensed: 190 words
Reduction: 4.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 2-85 Issue Date: April 21, 2008 Subject: Confidential Information (issued 2/8/85, updated 10/1/01 & 04/21/08)

§4VAC25-130-773.13(d)(3) describes the information which may be kept confidential in a permit application. Confidential information must be bound separately and clearly identified as “Confidential”. Any information submitted as confidential and deemed by the DMLR not to be confidential will be returned to the permittee to incorporate into the electronic application. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Guidance on Alternative Seal Designs in Coal MinesDoc ID: DM-M-06-07

Original: 415 words
Condensed: 415 words
Reduction: 0.0%

DIVISIONS

ENERGY

GAS AND OIL

GEORGE P. WILLIS

MINED LAND RECLAMATION

ACTING DIRECTOR

MINERAL MINING

MINERAL RESOURCES

MINES

ADMINISTRATION

CCO

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MM

MO

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NW

WEEA

ALLTTH

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OFF V

VIIRRG

GIIN

NIIA A Department of Mines, Minerals and Energy P.O. Drawer 900 Big Stone Gap, Virginia 24219-0900 (276) 523-8100

FAX (276) 523-8148

MEMORANDUM DM- 06-07

TO: All Underground Coal Mine Operators

FROM: Frank A. Linkous Frank A. Linkous, Chief

SUBJECT: Alternative Seal Designs

DATE: October 12, 2006

Due to events earlier this year in West Virginia and in Kentucky, the integrity of alternative seal construction is in question. The Department of Mines, Minerals and Energy’s Division of Mines (DM) has and will continue to accept the Mine Safety and Health Administration’s (MSHA) approval and certification of alternative seals. As MSHA has withdrawn all approvals of alternative seal designs, DM must also withdraw all approvals of alternative seal designs, including solid concrete seals allowing the use of angle iron in lieu of hitching.

Future alternative seal construction designs must be submitted to MSHA on a mine-by-mine and a location-by-location basis; seals must be designed and certified by a professional engineer to withstand a minimum 50-psi explosion; and sealing plans must also meet other requirements as detailed in the enclosed copy of Program Information Bulletin No. PIB P06-16. MSHA technical staff will evaluate the sealing plans to determine if the seals meet all requirements of PIB P06-16.

Henceforth, a copy of all alternative seal designs meeting the requirements of PIB P06-16 including sealing method, location, and sequence of construction must be submitted for approval to DM. The DM will also evaluate the seal designs and take into consideration relative comments by the MSHA technical group prior to issuing approval of the sealing plans.

Solid concrete block seals hitched into the ribs and floor, as described in 30 CFR Part 75.335, are deemed “approved” by DM and may be used at any time upon approval of seal location and sequence of construction. As most bleeder plans include the solid concrete block with the optional angle iron in lieu of hitching, in order to use the solid concrete block seals, you must resubmit seal construction plans without the provision to utilize the angle iron.

If you have any question regarding this change or need assistance with any other coal mining plans, please do not hesitate to contact the DM technical section at 276-523-8229. Thank you.

dm Enclosure EQUAL OPPORTUNITY EMPLOYER TDD (800) 828-1120 --- Virginia Relay Center

Mineral Mine Emergency Response PlanDoc ID: DMM-G-MERR

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Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

MINERAL MINE EMERGENCY, RESCUE

AND RECOVERY PLAN

Contents

Introduction

1

General Responsibilities of DMME

1

Notification of DMM

2 Duties During Emergency Response, Rescue & Recovery 3 Appendices

5 Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009 This page intentionally left blank.

Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

Department of Mines, Minerals and Energy - Division of Mineral Mining

MINERAL MINE EMERGENCY, RESCUE

AND RECOVERY PLAN

Introduction

An emergency can be defined as an unforeseen incident requiring prompt action. Mine emergencies occur unscheduled and include events such as fires, explosions, entrapments, and inundations.

Familiarization with a contingency plan for emergency operations is important to ensure effective emergency operations.

This plan has been developed to prepare Department of Mines, Minerals and Energy (DMME), Division of Mineral Mining (DMM) personnel to effectively carry out the Division’s role in the event of a mine emergency. The extent that this plan will be implemented will depend on the nature and scope of the emergency.

DMM’s primary role is to ensure that mine rescue and recovery activities are conducted safely while providing for:

 the protection of personnel involved in rescue and recovery,

 the rescue of survivors, and

 the recovery of the victim or victims.

DMM personnel must be familiar with the details of this plan, and their associated duties and responsibilities under this plan in the event of an emergency.

This plan also describes the potential responsibilities and duties of the mine operator and mine personnel, in relation to and in coordination with DMM, when needed during a mine emergency. A clear understanding of each person’s responsibilities prior to an emergency will help ensure a more effective emergency response.

General Responsibilities of DMM Personnel

 The DMM employee who receives the initial notification of a mine emergency must document the reported information and initiate the internal notification process.

 The DMM employee who receives a rumor of a mine emergency must verify the emergency or, if the person is not in a position to immediately verify the emergency, must immediately report the emergency to the DMM Director or Mine Inspector Supervisor. If, when trying to verify a rumor of an emergency, communication systems to the mine are inoperative, then the person receiving the rumor shall immediately notify the Mine Inspector

1Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

Supervisor assigned to the mine. The Mine Inspector Supervisor shall then assign a DMM inspector to immediately investigate the mine emergency rumor.

 The DMM Director is responsible for directing all DMM activities during an emergency (delegated by the DMME Director, 45.1-161-292:50.D of the Code of Virginia). The DMM Director and Mine Inspector Supervisor shall coordinate activities with the responding DMM Inspector.

 The Mine Inspector Supervisor (or in his absence the DMM Director) is responsible for verifying mine rescue team coverage for an emergency on an underground mine.

 The Mine Inspector Supervisor (or in his absence the DMM Director) is responsible for assigning a DMM inspector to proceed immediately to an emergency scene in accordance with Section 45.1-161.292:53.2 of the Code of Virginia and Division Policy and Procedures. This person will represent the agency until relieved or assigned other duties.

 The responding DMM Inspector shall assume the duties of the on-site Mine Rescue Coordinator and shall be responsible for providing assistance and advice to the DMM Director regarding emergency response, rescue and recovery activities. The Mine Rescue Coordinator is legally authorized to take charge of rescue and recovery operations during a mine emergency. (45.1-161.292:53.3)

 The Mine Rescue Coordinator shall act for the DMM Director as a consultant to the mine operator and rescue crews during the emergency response, and work with the DMM Director to make available all Department facilities as needed. The Mine Rescue Coordinator shall be part of the on-scene incident command structure for activities involving the rescue and recovery operations. The Mine Rescue Coordinator shall, upon direction from the DMM Director, take personal charge of the rescue and recovery operation when, in the DMM Director’s opinion, circumstances of the mine emergency warrant this action. (45.1-161.292:50.D)

 DMM personnel involved with a mine rescue and recovery operation shall work cooperatively with authorized representatives of all parties involved, including the mine operator, mine worker committees, officials from the federal Mine Safety and Health Administration (MSHA), and local emergency response organizations. DMM personnel should participate on any committee associated with the rescue and recovery operations during the mine emergency.

 DMM personnel shall comply with all applicable DMME and DMM policies and procedures, including the DMME Media Relations Plan, throughout the emergency.

 The DMME Public Relations Manager shall be responsible for agency communications with media, and for coordination with the MSHA Office of Information and Public Affairs and company public relations personnel regarding release of information to the news media.

Notification of DMM

2Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

The DMM employee who receives a report of a mine emergency should obtain as much detail as is available from the person notifying the Division of an emergency. The success of response, rescue and recovery during a mine emergency is greatly influenced by the initial notification and the accuracy of the information received.

The DMM employee shall obtain the following information, at a minimum, if known by the person reporting the emergency. The information should be recorded on the Mine Emergency Data sheet.

 Company and Mine Name and Number;

 Mine Location;

 Mine Telephone Number;

 Name of Person Reporting Emergency;

 Nature of the Incident/Emergency;

 Time and Date of Incident/Emergency;

 Degree of Seriousness;

 Names and Number of Injured or Personnel Unaccounted For;

 Brief Description of Incident/Emergency;

 Affect of Incident/Emergency on Mine;

 Present Status of Situation; and

 Action, if any, Currently Being Taken.

After receiving notice of a mine emergency, the person who received the notice shall forward the information to the appropriate Mine Inspector Supervisor and DMM Director. The DMM Director shall notify the DMME Deputy Director and the DMME Public Relations Manager.

Duties During Emergency Response, Rescue and Recovery

Specific duties are assigned at the emergency scene to control and coordinate emergency response activities. Assignments of DMM personnel shall be approved by the DMM Director or his designated representative and coordinated with MSHA and other regulatory and response personnel.

 The mine operator (through a Command Center Coordinator), or emergency response crews if the mine operator is not available, shall establish a command center to maintain direct communications with personnel at strategic points on the site. The command center should include company official(s), the mine and worker’s representative, the DMM Mine Rescue Coordinator, MSHA personnel, technical specialists, and other personnel as deemed necessary. Other personnel that may be a part of the command structure on site

3Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

include, but are not limited to, local or state law enforcement representatives, the local emergency services manager or coordinator, local fire/rescue representatives, and hazardous materials incident responders.

 Key command center assignments include, but are not limited to, logistics, communications, emergency medical services, briefings for families of the victims, media and public information, and site security.

 Mine company personnel, with assistance from local or state law enforcement personnel, shall guard the entrance to the command center. Only authorized personnel shall be permitted to enter the command center. Work schedules shall be coordinated through the command center, and briefings of rescue personnel shall be conducted in accordance with rescue and recovery needs.

 A Surface Coordinator shall be assigned by the mine operator to record rescue and recovery activities in a logbook, in order to maintain a comprehensive and accurate account of all actions taken throughout the emergency period.

 The Mine Rescue Coordinator shall work closely with the mine rescue teams, coordinate debriefings, and assure continuity of work activities through rescue and recovery of victims and recovery of the mine.

 The DMM shall make available electrical and ventilation specialists, as necessary, to advise the rescue and recovery operations. In emergencies involving underground mines, DMM shall make available specialists to advise on roof control, mine fan and mine atmosphere monitoring, and proper function of escape facilities. Technical specialists in other fields, such as chemists, blasting representatives, etc., may be called on by DMM depending on the emergency.

 The mine operator shall secure and guard the emergency scene. Road entrances, intersections, and other strategic points shall be manned and guarded for traffic control.

Only authorized personnel shall be permitted to enter the mine site.

 The mine operator shall establish and maintain surface and underground mine atmosphere monitoring stations when appropriate. Logs should be maintained, and monitoring information should be forwarded to the command center.

 The mine operator is encouraged to conduct regular media briefings. These briefings may be coordinated with the DMME Public Relations Manager and the MSHA Office of Information and Public Affairs as the situation warrants.

 The DMM Director shall establish an investigating team as soon as possible after rescue and recovery operations are initiated.

4Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

Appendices

  1. Specific On-Site Duties
  1. Details to Remember
  1. Mine Emergency Notification Sheet
  1. Division of Mineral Mining Mine Inspector Telephone Numbers
  1. Mine Emergency Data

5Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

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6Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

APPENDIX 1. SPECIFIC ON-SITE DUTIES

Command Center Coordinator (Company official)

 Activate company Emergency Plan as determined by company policy and procedure.

 Establish a secure, convenient command center and direct communication link with critical points underground (if appropriate) and on the surface.

 Assign a Surface Coordinator to record all activities in a logbook, maintaining a comprehensive and accurate account of all actions taken throughout the emergency period.

 Assign personnel to coordinate the following: logistics, communications, emergency medical services, rescue/recovery team notification and direction, technical specialist services, media and public information, victim and family assistance services, site security, and other services as deemed necessary. If underground, also include ventilation and surface/underground coordination.

 Coordinate work/rotation schedules of rescue team and emergency services personnel.

 Plot rescue and recovery progress on a mine map.

 Provide for monitoring of the mine atmosphere at the fan and other strategic locations (as necessary).

 Ensure families of victims receive regular briefings as circumstances dictate.

Mine Rescue Coordinator (DMM Inspector)

 Provide assistance to the DMM Director regarding mine rescue and recovery activities.

 Coordinate briefings and debriefings of mine rescue personnel.

 Assist mine rescue teams to ensure they follow appropriate mine rescue procedures, particularly when teams are located at or inby the fresh air base or other strategic locations of rescue activity.

 Maintain an accurate and up-to-date record of activities performed by the mine rescue teams.

 Maintain open communication lines with other command center personnel and provide advice on potential unsafe mine conditions and locations, when appropriate.

 Clear all dangerous areas of the mine of all unnecessary personnel when determined appropriate.

 Obtain DMME technical assistance as needed for the mine rescue and recovery operations.

7Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

 Coordinate with the Command Center Coordinator or other appropriate company official, the DMME Public Relations Manager, and MSHA representatives to ensure regular briefings are provided to families of mine accident victims as circumstances dictate.

 Authorize and direct activities relating to rescue and recovery operations as specified in Section 45.1-161.292:53.3 of the Code of Virginia.

 Monitor and assure adequate supply of emergency equipment needed from DMME.

Surface Coordinator (Company official)

 Coordinate security functions at identified strategic locations on site.

 Establish a check-in/check-out system to log and track all authorized personnel entering and exiting the emergency scene and keep open line of communication between checkpoints and the command center.

 Maintain communications with strategic locations on rescue and recovery progress and other related information. Communicate information to the designated company spokesperson.

 Maintain comprehensive records, in a logbook, of all activities underground (if appropriate) and at the surface throughout the emergency. Record discussions and decisions pertinent to the coordination of rescue and recovery activities.

 Assist the Command Center Coordinator in maintaining an accurate and up-to-date mine map of all rescue and recovery activities.

Logistics Coordinator (Company official)

 Obtain equipment and supplies requested by the Command Center Coordinator or Mine Rescue Coordinator.

 Coordinate the placement of rescue and recovery supplies, emergency vehicles, rescue and recovery personnel, media, and other authorized persons.

 Locate and secure equipment and supplies if more than what is available at the mine site is needed.

 Coordinate victim and family assistance services such as providing facilities for family and victim privacy, stress counseling, Red Cross notification and other as needed.

 Maintain an open line of communication with the command center.

Technical Specialist Coordinator (Company official)

 Coordinate technical support services.

8Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

 Provide or secure expertise relative to mine ventilation, roof control, electrical installations, explosives, and ground control, as deemed necessary by the emergency.

Assist and advise the command center on technical matters.

 Supervise atmosphere-monitoring stations.

 Ensure mine maps are provided with known air quantities, location of ventilation controls, direction of airflow, and updated pertinent information as rescue/recovery progresses.

 Provide and maintain electrical power to areas designated by the command center.

 Maintain and monitor electrical installations including substations, hoists, elevators, emergency, mine fans, and escape facilities.

 Disconnect electrical power, except as needed to maintain ventilation, from the affected area. Maintain power outside the affected area only when necessary for equipment use and communications.

 Maintain open communication lines with the command center.

Ventilation Coordinator - underground only (Company official)

 Monitor and maintain continual operation of the mine fans.

 Establish sampling stations to monitor mine atmosphere at preselected locations.

 Maintain an accurate and up-to-date log of fan pressure, air quality, and air quantity at regular predetermined intervals. Gases monitored at the mine fan should include carbon monoxide, methane, and oxygen.

 Communicate air quality and quantity measurements, significant changes, and unusual occurrences to the command center.

 Ensure that mine fans are operating: except that inoperable fans should not be restarted before consulting with responsible agencies and company officials and that ventilation to non-explored areas should not be altered.

Communication Coordinator (Company official)

 Establish a secure communication area between all strategic locations and key personnel in the command center.

 Ensure all emergency service and assistance agencies have been notified.

 Monitor communications with rescue teams and emergency services personnel relating to the emergency. Coordinate communication systems between agencies and relay necessary information directly to the command center.

9Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

 Secure a phone line, which allows private communications by the DMM Mine Rescue Coordinator to the DMM office.

Company Spokesperson (Company official)

 Establish a location for media briefings and introduce yourself to the media as the official spokesperson for the company.

 Maintain an open line of communication with the command center and relay appropriate information to the media at predetermined selected intervals.

 Establish contact with the DMME Public Relations Manager and MSHA Office of Information and Public Affairs personnel for assistance and coordination of released information as the situation warrants.

10Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

APPENDIX 2. DETAILS TO REMEMBER - DMM PERSONNEL

 Collect accurate and detailed information.

 Initiate DMM internal notification plan.

 Notify responsible persons.

 Verify mine rescue coverage if at an underground mine.

 Alert and dispatch appropriate mine rescue personnel (as needed).

 Establish after-hours communication system.

 Maintain complete notes and an accurate log of your activities and communications throughout the emergency.

 Assist the Command Center and other coordinators:

 Establish and maintain security, check-in, checkout, and proper communications at the emergency scene, and restrict entrance to authorized personnel only.

 Appoint coordinators to assume responsibilities and duties of the command center, surface facility, technical specialists, mine ventilation, and mine rescue activities.

 Establish and maintain communication at all strategic locations.

 Obtain an adequate supply of up-to-date mine maps.

 Check the status of the mine ventilation system and the condition of the ventilation controls if underground, and decide whether to restart inoperable fans.

 Assign electrical facility and mine fan attendants.

 Establish sampling and monitoring of mine atmosphere on the surface and underground.

 Check the status of electrical power to all areas.

 Issue appropriate enforcement orders.

 Maintain complete notes of your activities during work assignments throughout the emergency.

 Relay appropriate information to division headquarters.

 Actively participate in advisory committee discussion and decisions.

 Monitor all mine rescue and recovery activities.

11Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

 Comply with Department and Division policies and procedures.

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APPENDIX 3. MINE EMERGENCY NOTIFICATION SHEET

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MINE EMERGENCY NOTIFICATION SHEET

Company Name:

Mine Name/Number:

Mine Location:

Mine Permit Number:

Federal I.D. Number:

Rescue Squad Phone Number:

Local Law Enforcement Agency Name/Phone Number:

Mine Rescue Coverage Phone Number (Underground Mines Only):

___________________________

Virginia State Police Phone Number: Div I Richmond: 1-800-552-9965 Div II Culpeper: 1-800-572-2260 Div III Appomattox: 1-800-552-0962 Div IV Wytheville: 1-800-542-8716 Div V Chesapeake: 1-800-582-8350 Div VI Salem: 1-800-542-5959 Div VII Fairfax: 1-800-572-4510

Virginia Division of Mineral Mining Office Home Conrad T. Spangler, Director 434-951-6312 434-974-6862

Tom Bibb, Engineering Manager 434-951-6313 434-245-1361

Jeff Stewart, Safety Engineer 434-951-6315 434-297-2907

Jim Smith, Western Supervisor 434-951-6310 540-586-0232

David Benner, Eastern Supervisor 434-951-6310 804-739-8052

DMM Mine Inspector 434-951-6310 (write in the name of your inspector)

Mine Safety and Health Administration

MSHA Staunton Field Office 540-887-9682

MSHA Northeastern District Office 724-772-2333

Rev. 09/09

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16Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

APPENDIX 4. DIVISION OF MINERAL MINING MINE INSPECTOR

TELEPHONE NUMBERS

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Virginia Department of Mines, Minerals & Energy Division of Mineral Mining (DMM) 900 Natural Resources Drive, Suite 400 Charlottesville, Virginia 22903

CALL (434) 951-6310 Office hours: 7:00 a.m. – 6:00 p.m., Monday - Thursday

Division Mine Inspector home telephone numbers:

Conrad Spangler, Division of Mineral Mining Director ........................................(434) 974-6862

Eastern Region David Benner, Supervisor....................................................................................(804) 739-8052 Grizzle, Paul........................................................................................................(804) 443-4685 Guth, John...........................................................................................................(540) 659-4961 Harris, Vernon.....................................................................................................(434) 589-4253 Hutcheson, Bruce................................................................................................(540) 937-2644 Saunders, Paul.....................................................................................................(804) 717-5550 Skorupa, Phil.......................................................................................................(757) 877-6954

Western Region Smith, Jim ...........................................................................................................(540) 586-0232 Cochran, Willie....................................................................................................(434) 239-3274 Fehrer, Damien....................................................................................................(434) 315-0305 Hagy, Mac...........................................................................................................(276) 597-7642 Kretsch, Matt ......................................................................................................(540) 886-5360 Smith, Charlie......................................................................................................(276) 773-2960

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20Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

APPENDIX 5. MINE EMERGENCY DATA FORM

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22Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

MINE EMERGENCY DATA

Company Name

Mine Name/Number

Mine Location

Mine Telephone Number

Nature of Emergency

Name of Person Reporting Emergency

Date Time

Approximate Time of Incident

Degree of Seriousness

Names and Number of Injured or Unaccounted For

Brief Description of Incident

Present Status of Mine, Ventilation, and Electrical System

Present Status of Situation

23Department of Mines, Minerals and Energy - Division of Mineral Mining September 2009

Rev. 09/09

24

NPDES Monitoring and Reporting RequirementsDoc ID: DMLR-M-7-94

Original: 159 words
Condensed: 152 words
Reduction: 4.4%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 7-94

NPDES Monitoring and Reporting Requirements (issued 8/29/94, updated 10/1/01)

Effective January 1, 1995 –

  • Results of NPDES monitoring shall be reported quarterly on the Discharge Monitoring Reports (DMLR-PT-119). The monitoring results shall be reported for each discharge within 30 days after the end of the calendar month.
  • All discharges from active mining areas shall be sampled 2 times per calendar month.

Discharges from reclamation areas shall be sampled 1 time per calendar month.

Discharges from underground mine drainage shall be sampled 2 times per calendar month. All samples shall be collected at least 7 days apart.

  • Qualifying rainfall event for the purposes of determining the eligibility of a discharge for the alternate storm limitations are –

Qualifying Rainfall Events for Discharges Pre-reclamation areas

  1. 2”/24 hrs.

Refuse areas

  1. 5”/24 hrs.

Controlled surface water

  1. 4”/24 hrs.

Commingled water

  1. 4”/24 hrs.

Public Participation in Mining and Discharge PermitsDoc ID: DMLR-G-37-12

Original: 520 words
Condensed: 512 words
Reduction: 1.5%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 37-12 Issue Date: 04/20/2012 Subject: Joint Mining (CSMO) and Monitoring (NPDES) Permits- Public Participation

This Guidance Memorandum describes improvements to the Division of Mined Land Reclamation’s (DMLR) joint mining & discharge permitting public notice processes. The improved public participation processes will become effective for all joint mining and discharge permit applications that require public notice and are approved on or after April 16, 2012.

Both the application for a DMLR issued joint mining & discharge permit and the draft permit require public notice and public participation per 4 VAC-25-130-773.13 and 9 VAC 25-31-290 respectively. Public notice requirements contained in DMLR issued Guidance #11-94 and #7-92 are not changed by this memorandum and public participation processes will remain relatively consistent to those used successfully by the agency during the past three decades.

The public participation improvements to be implemented by DMLR are outlined below.

When an application for a joint mining & discharge permit is technically approved and a draft permit is completed, a pdf copy of the draft permit will be posted by DMLR on the agency’s webpage accessible at https://www.dmme.virginia.gov/DMLREForms/. The documents will be viewable by the public, including the applicant, via a database search found at the website. The public, including the applicant, will have 30 days to submit comments. The comments should be specific to the documents posted. Written comments may be submitted to the agency by standard mail or email.

An email notification about the draft permit will be distributed automatically at the time of posting. As soon as documents are posted, a message that the draft permits are available for viewing is emailed to a dynamically generated mailing list. The list will include the applicant and all other parties which had previously requested notifications via a notification request signup page on the website. Notifications can be requested for all permits or for permits fitting specific criteria.

The webpage postings of draft permits and the email notifications are intended to improve DMLR joint mining & discharge permitting public participation processes. Should you 1 This Memorandum is to be considered guidance issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM1 No. 37-12 Issue Date: 04/20/2012

Subject: Joint Mining (CSMO) and Monitoring (NPDES) Permits- Public Participation

Page 2 of 2

have any questions regarding this guidance document or the topics of this memorandum, please contact your Area Inspector, the Reclamation Program Manager at (276) 523-8160, or the Reclamation Specialist at (276) 523-8204.

Mine Site Reclamation and Licensing ProceduresDoc ID: DM-P-10802

Original: 489 words
Condensed: 425 words
Reduction: 13.1%

DIVISION OF MINES

CHAPTER: VIII Customer Assistance

PROCEDURES MANUAL

PROCEDURE NO: 1.08.02

ISSUE DATE: January 1, 1997 SUBJECT: Licensing Through Initial

LAST REVISED: 10/03

Reclamation Of Mine Sites

OBJECTIVE AND INTENT

To ensure that DM in coordination with DMLR maintains required licensing of abandoned coal mine sites in accordance with the Mine Safety Act through completion of initial reclamation in order that required health and safety standards are met.

GENERAL The Mine Safety Act provides that a licensed coal mining operation is classified as abandoned and shall cease to be a coal mine for purposes of the Act upon completion of the “initial reclamation” activity. The Division of Mines is responsible for enforcement of applicable provisions of the Mine Safety Act at any licensed operation until completion of “initial reclamation”. This procedure is for the purpose of tracking and monitoring coal mining operations through completion of active mining, and until the operation ceases to be a mine as defined under the Mine Safety Act.

PROCEDURE

  1. REQUEST TO ABANDON  Refer to License Procedure 1.08.01, Abandonment. A mine is considered abandoned when the operator has notified the Division of Mines in writing, that all activity has ceased, including removing of equipment, buildings, supplies, or any initial reclamation. This notification includes a written request to abandon, Coal Mining Schedule (DM-CM-2 Form), and final map. Once this information is received, DM will consider this mine to be abandoned and removed from the DM active system. “Initial reclamation” as applied in this procedure means the disturbance has been backfilled and seeded. This does not include further work waiting to be released by DMLR; such as repair of slides, re-seeding, cleaning out ponds, and maintenance of roads.
  1. DM COORDINATION  At the time a mine is considered abandoned within the DM system, a computer note will be forwarded to the area supervisor, inspector, and DMLR Reclamation Manager informing them this mine is “unlicensed”. The DM inspector will reply to the computer note stating whether or not the initial reclamation has been completed at the mine site. If the initial reclamation has not been completed and will be initially reclaimed in the future, a copy of the computer note will be placed in the “pending initial reclamation” mine file. This file will be maintained to track unlicensed mine sites, which have not completed initial reclamation. The file will be reviewed periodically in staff meetings in order to update the status of the sites.

Rv: 10/03

1-2

  1. COORDINATION WITH DMLR  DMLR regulates reclamation activities through “final” reclamation. Therefore, they are regularly visiting sites. The DM inspector will be responsible for notifying the appropriate DMLR inspector that a site has been abandoned and is no longer licensed by DM. If the DMLR inspector becomes aware of activity on the unlicensed site, they will notify DM of such. Once the site has been re-licensed, it will be released from the “pending initial reclamation” file.

Rv: 10/03

2-2

Guidelines for Methane Monitoring and Equipment InspectionDoc ID: DM-G-161288

Original: 140 words
Condensed: 129 words
Reduction: 7.9%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.4

ARTICLE 12

AUGER, HIGHWALL AND THIN SEAM MINING Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.288. & 290.

Inspection of Electric Equipment and

Wiring; Checking and Testing Methane

Monitors

Section 45.1-161.288 addresses the requirements for inspection, maintenance, functional testing, and calibration of methane monitors for equipment operated from the surface.

The MSA does not require monitors on surface equipment. However, if the equipment is provided with methane monitors, the operator is required to maintain, test, and calibrate the monitors. Section 45.1-161.290 requires tests for methane and oxygen deficiency with an approved detecting device whenever an auger hole penetrates an abandoned or mined out area of an underground mine. Machine mounted methane monitors do not satisfy this requirement for testing and examination.

Mine Gas Detection and Safety CertificationDoc ID: DM-T-GDT

Original: 1,859 words
Condensed: 1,696 words
Reduction: 8.8%

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINES

_________________________________ ________________________________ Applicant’s Name Social Security Number

MINE GAS DETECTION QUALIFICATION

DIVISION OF MINES USE ONLY This check list is to be completed by a Division of Mines Inspector, Instructor, or Technical Specialist providing training and evaluation of a coal miner for qualification to conduct methane test pursuant to 45.1-161.231 and 45.1-161.252 of the Coal Mine Safety Laws of Virginia. (FORM DM-BCME-1

APPLICATION FOR CERTIFICATION, MUST BE SUBMITTED WITH THIS CHECKLIST) MINE GASES Properties of Gases Different Mine Gases- Overview Methane gas- Detailed review of Properties Carbon Dioxide (Low Oxygen Hazard) Carbon Monoxide Hydrogen Gas Oxygen

METHANE TEST (State and Federal How to perform Legal Test When Testing is Required Where Testing is Required

ACTIONS FOR EXCESSIVE METHANE Action required for excessive methane in working

METHANE DETECTORS

Types of Detectors- Overview Operating Procedures Maintenance and Permissibility Requirements Calibration Procedures Care and Handling of Detectors

PRACTICAL DEMONSTRATION BY MINER Pre-operation Check of Detector Calibration of Detector Conduct test for Methane

I certify that the above named miner has received the instruction in mine gases and methane detection indicated and has demonstrated proficiency in conducting proper tests for methane using a hand-held methane detector.

_____________________________________ _____________________________________ Signature, DM Representative Date

SUBMIT CHECKLIST AND DM-BCME-1 TO THE CERTIFICATION SECTION FOR ISSUANCE OF GAS CARD REVISED 5/10/99 Board of Coal Mining Examiners P.O. Drawer 900 Big Stone Gap, VA 24219 (276)523-8149

Application for Certification Examination

Applicants for certification must complete this form and submit a $10.00 non-refundable fee for each exam.

Type or print the information in ink or pay the fee with a certified check, cashier’s check or money order made payable to the Treasurer of Virginia. Cash will be accepted if paid in person. Submit the application and fee to the board of Coal Mining Examiners at least five working days prior to the date of examination.

  1. Full Name______________________________________________S.S.#______________________________
  1. Address__________________________________________________________________________________ Street or P.O. Box City State Zip Code
  1. Date of Birth ________________________Home Phone No. ( )__________________________________ Month/Day/Year
  1. Total year employed at a coal mine: ________________ ___________________ Underground Surface
  1. List your current (or most recent) mining experience

Company Name ___________________________________________________________________________

Address __________________________________________________________________________________ Street or P.O. Box

  1. Attach copies of the required documentation needed for each certification.
  1. Examination Requested (Check One) *BCME Instructor check the courses you wish to teach

[ ] Advanced first aid [ ] Automatic elevator operator [ ] Blaster endorsement-DMLR (no fee) [ ] Chief electrician (sur/UG or sur) [ ] Diesel engine mechanic instructor [ ] Dock foreman [ ] Electrical maintenance foreman [ ] First aid instructor [ ] First class mine foreman (sur/UG or surface) [ ] First class shaft or slope foreman [ ] Gas detection qualification (no fee) [ ] General coal miner [ ] Hoisting Engineer [ ] Instructor – BCME* (surf/strips and augers or surf/UG) [ ] MSHA electrical reinstatement [ ] Preparation Plant Foreman [ ] Mine inspector [ ] Surface blaster [ ] Surface electrical repairman [ ] Surface facilities foreman for shops, [ ] Surface foreman [ ] Top person labs, and warehouses [ ] Underground diesel engine mechanic [ ] Underground electrical repairman [ ] Underground shot firer

I hereby certify that the above answers are true to the best of my knowledge and belief.

Signed ______________________________________Date _____________________

DM-BCME-1 (Revised 5/25/99)When conducting gas detection training you are requested to thoroughly review with the individual the following:

The properties of mine gases, including discussions on specific gravity & effects of temperature and pressure.

The list of mine gases with emphasis on methane, oxygen, hydrogen, and carbon dioxide and carbon monoxide.

Proper procedures for taking a gas test. NOTE: “Hands On” participation by student.

When and where gas tests are required.

Procedures when methane is detected in a working place.

Calibration of gas detection instrument. NOTE: “Hands On” participation by students.

Duties and responsibilities as a miner under Mine Safety Act.

GAS DETECTION TRAINING 45.1-161.229 45.1-161.231 45.1-161.232 45.1-161.233 PROPER PROCEDURES FOR TAKING A GAS TEST  Check instrument for mechanical condition. (per manufacturer’s recommendation)

 Check battery for proper voltage level. (per manufacturer’s recommendation)

 Check mechanical “zero”. (per manufacturer’s recommendation)

 Calibrate (per manufacturer’s recommendation) – must be calibrated monthly and more often if needed.  Conduct test for methane by activating detector and reading concentrations 12” from mine roof, face, and floor in the area being examined.

 Avoid holding methane detectors in a bleeder for extended periods of time as this will render the sensor defective.

 When higher concentrations of methane have been encountered, calibrate your detector as soon as possible.

 Avoid synthetic fuels when conducting methane checks since these materials can affect readings and damage sensors.  Protect methane detectors from water and other adverse environmental conditions.

Prior to energizing equipment in and inby the last open crosscut

Prior to taking equipment into working place and at 20 minute intervals

Prior to cutting and welding and continuously during this activity

Prior to and after detonation of explosives

During required examinations:

  1. Pre-shift and on-shift examinations of working places.
  1. Required examinations of immediate returns.
  1. Places where methane is likely to accumulate.
  1. Return side of each set of seals.
  1. Weekly examinations of ventilation and bleeder system.

NOTE: Oxygen Deficiency Tests are required during examinations. If oxygen is below 19.5% by volume, ventilation must be improved. Oxygen tests should be made frequently when approaching or around old works.

METHANE TESTS ARE REQUIRED

WHEN METHANE IS DETECTED IN YOUR WORKING PLACE!!

At 1% - stop operations, deenergize at the machine breaker and improve ventilation to reduce below 1%.

At 1.5% or greater – stop operations, deenergize at the source (power center) and withdraw personnel from affected area except for those needed to improvements to reduce methane levels.

At 5%+, notify your foreman promptly. This will be treated as an imminent danger situation which could require withdrawal from the mine. Do not attempt to move or ventilate high concentrations of methane unless you are designated to correct the problem and then only at the direction of certified persons and following precautions to avoid potential ignition sources.

MEMORANDUM

DATE: August 25, 1997

TO:

All DM Personnel Conducting Gas Detection Training

FROM: ____________________________________________

Frank A. Linkous, Chief

The requirement for all miners who work in face areas to be trained in gas detection is an important provision of the Coal Mine Safety Laws of Virginia. From time to time, you may be required to perform instruction and hands-on training to qualify miners for performing gas tests.

This packet of information has been developed to assist you in your efforts to train miners in the properties of mine gases, proper procedures for conducting gas tests, and response to excessive levels of methane.

All gas detection qualification training must include these basic areas of instruction to be considered complete. You should review and discuss each outline as developed, provide hands-on demonstration in the proper use, maintenance and calibration of the methane detector, and present the completed packet of information to the miner for his further review and reference as needed.

Upon completion of instruction, you should ensure that the two required BCME forms included in the packet are completed and delivered to the DM Certification Section.

pm Gas Detection Chart Gas Detection Methods

When to Test

Oxygen (02) Oxygen indicator.

During any examination.

Flame safety lamp.

Chemical analysis

Nitrogen (N2) Chemical analysis

When an oxygen deficient atmosphere is suspected. In mines where nitrogen issues from rock strata. In inactive areas where ventilation has been inadequate.

Carbon Dioxide Carbon dioxide

After a fire or explosion. When entering (CO2) detector. Multi-

abandoned areas. When reopening sealed

gas detector.

areas.

Methane (CH4) Methane detector.

During any examination. When normal Chemical analysis

ventilation is disrupted. When entering abandoned workings.

Carbon Carbon monoxide

After a fire or explosion. When entering Monoxide detector. Multi-gas

abandoned areas of the mine. When (CO) detector. Chemical

reopening sealed areas.

Analysis.

Nitrogen Nitrogen dioxide

After mine fires or explosions. When diesel Dioxide detector. Multi-gas

equipment is used. After detonation of

(NO2)

detector. Chemical

explosives.

analysis. Color.

Hydrogen Multi-gas detector.

After mine fire or explosion. Near battery (H2) Chemical analysis

charging stations. When steam is produced

foam in firefighting

by water, mist or foam in firefighting.

Hydrogen Hydrogen sulfide

In poorly ventilated areas. During unsealing Sulfide (H2S) detector

operations. Following mine fires.

Sulfur Multi-gas detectors.

When standing water is disturbed.

Dioxide Chemical analysis. (SO2) Odor, taste, and respiratory

tract irritation.

Heavy Multi-gas detector.

Following fires or explosions when methane Hydrocarbons Chemical analysis.

is present. Following accidental entry into Ethane (C2H6)

adjacent oil or gas well casings.

Butane (C2H8) Propane(C4H10) Acetylene Multi-gas detector,

Following a methane explosion in air which is (C2H2) chemical analysis,

low in oxygen or from disruption/opening of

odor.

acetylene tank.

Gas

Chemical Specific Explosive

Health Hazards

Solubility Colors Odor Taste Symbol Gravity Range

Air

  1. 000

Oxygen 02

1.1054 Supports Oxygen deficiency:

Moderate - -

combustion 17% panting, 15% dizziness

and headache, 9% unconsciousness,

6% death

Nitrogen

N

  1. 9674

Asphyxiation

Slight

(oxygen depletion) Carbon

CO2

  1. 5241

Increases breathing rate.

Soluble - -

  • Acid in high Dioxide

May cause death in high concentration.

concentration

Methane

CH4

  1. 5545 5 to 15% Asphyxiant (rare)

Slight

Carbon

CO

  1. 9672 12.5 to Highly toxic.

Slight

  • Monoxide

74.2% Can be an asphyxiant.

Nitrogen

NO2

  1. 5894

Highly toxic.

Slight Reddish Blasting Blasting Dioxide

N204

Corrosive effect on lungs.

brown powder fumes powder fumes

May be asphyxlant.

Hydrogen

H2

  1. 0695 4.0 to 74.02% Asphyxiant

Highly explosive (oxygen depletion).

Hydrogen

H2S

  1. 1906 4.3 to 45.5% Highly toxic.

Soluble - -Rotten Sweetish Sulfide

Can be an asphyxiant.

eggs

Sulfur

SO2

  1. 2678

Highly toxic.

Highly - -Sulfurous Acid (bitter) Dioxide

Can be an asphyxiant.

Ethane

C2H6

  1. 0193 3.0 to 12.5% Asphyxiant (rare)

Slight

Propane

C3H8

  1. 5625 2.12 to 9.35% Asphyxiant (rare)

Slight

  • “Carry” in high

concentrations Butane

C4H10

  1. 0100 1.86 to 8.41% Asphyxiant (rare)

Slight - - “Carry” in high - -

concentrations

Acetylene

C2H2

  1. 9107 2.5 to 80% Only slightly toxic.

Only slight - -

Garlic

Asphyxiant (rare)

MINE GAS CHART Effects of Temperature and Pressure on Gas

Effects of Temperature on Gas

HOT

COLD

DIFFUSES QUICKLY DIFFUSES SLOWLY

temperature increases - gas expands temperature decreases - gas contracts

pressure increases - gas contracts pressure decreases - gas expands

Effects of Pressure on Gas

Pressue Increases Pressure DecreasesEFFECTS OF TOXIC GAS DEPEND ON:

1. CONCENTRATION

2. TOXICITY

3. LENGTH OF EXPOSURE

EFFECTS CERTAIN PERCENTAGES OF OXYGEN HAVE ON PEOPLE 21 20

BREATHE EASILY AND WORK BEST 19 18 17

BREATHE FASTER AND DEEPER 16 15 14 13 12

BECOME DIZZY, BUZZING IN EARS,

RAPID HEARTBEAT, HEADACHES 11 10 9 8

FAINTING AND UNCONSCIOUSNESS 7 6 5

MOVEMENTS ARE CONVULSIVE, 4

RESPIRATION OF INTERMITTENT

GASPS THAT FINALLY CEASE. 3

FOLLOWED IN A FEW MINUTES BY STOPPING OF THE HEART ACTION. 2 1 Contents of Normal Air

Nitrogen 78%

Carbon Dioxide Oxygen 1.2% Argon 20.8% Other Gases

Specific Gravity (Relative Weight)

0.5 SEEKS HIGH PLACES

AIR = 1

  1. 5

SEEKS LOW PLACES

2.0 SAFE

BETTER RELATIONSHIP BETWEEN LEVELS

OF OXYGEN AND METHANE

EXPLOSIVE

0 Makes Dangerous CH Makes Dangerous 2 4

5 10 15

20

15

10

5

10% 15% 5% Methane Percent

Daily Reclamation Inspection Reporting ProceduresDoc ID: DMLR-P-3101

Original: 639 words
Condensed: 568 words
Reduction: 11.1%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.01

PROCEDURES MANUAL ISSUE DATE February 15, 2013 SUBJECT Daily Reports Section Reclamation Services Last Revised 12/10/12

OBJECTIVE AND INTENT:

To provide a permanent record of the daily activities of Field Inspectors and Supervisors.

PROCEDURES:

Each Field Inspector and Area Supervisor shall be responsible for entering his/her daily activities on the Diary Entry Screen in the Enforcement Laptop System, and uploading the information to the DMLR database.

The following codes will be used:

٭Entries for each code will include applicable travel time, report writing, and follow-up

DIARY CODE

DESCRIPTION AML-EMER-COMPL INVES investigation of an AML feature that constitutes an emergency situation AML-EMER-INSPECTION any inspection of an AML state declared emergency project. ٭ AML-EMERG PROJ MGT an AML state declared emergency project, not involving inspection, but including pre-bid, realty preparation, meetings, plan review, and close-outs (including all travel time).

AML-NONEM-COMP INVES investigation of an AML non-emergency complaint.

AML-NONEM-INSPECTION any inspection of an AML non-emergency project. ٭ AML-NONEMER PROJ MGT an AML non-emergency project, not involving inspection, but including: pre-bid, realty preparation, meetings, plan review, and close-outs (including all travel time).

AML-Training AML training events, seminars, Title IV mentoring, etc.) ACTIVE INSPECTION any inspection of sites with operation status of A, RA, PP, PN, NP, and NS; permit review time in preparation for site inspection; meetings; and/or, related research (Preamble, AVS sources, procedures, etc.) including time spent on such activities conducted off-site. ٭ AREA RECONNAISSANCE reconnaissance/surveillance for disturbances, environmental monitoring (i.e., storm damage, black water), etc.

BOND FORF INSP inspection of sites where bond has been forfeited. ٭ COMPUTER WORK work which can only be accomplished by computer such as e-mail, data entry, generation of system reports, etc. Does not include any report writing.

ENF-COMPLAINT INVEST investigation of an enforcement complaint (Title V issue).

ENF - REVIEW MATERIAL review of enforcement documents which are not associated with an inspection such as anniversary reports, certifications, revisions, renewals, new permit applications, pre-inspections, coal exploration notices, mid-term, etc.

HOLIDAY/LEAVE all types of leave.

HEARINGS/PREP MTGS hearing preparation meetings, hearings, document/exhibit preparation, and research. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.01

PROCEDURES MANUAL ISSUE DATE February 15, 2013 SUBJECT Daily Reports Section Reclamation Services Last Revised 12/10/12

DIARY CODE

DESCRIPTION INACTIVE INSPECTIONS any inspection of sites with operation status of I, permit review time in preparation for site inspection, meetings, and/or related research (Preamble, AVS sources, procedures, etc.) including time spent on such activities conducted off-site. ٭ INCLEMENT WEATHER only use during official office closings.

MEETINGS any meetings not otherwise allocated to a diary code.

NRCS partnership effort with the Natural Resource Conservation Service.

POWELL RIVER PROJECT the Powell River Project.

SPECIAL PROJECT committees, in-house presentations, tours, Supervisor assignments, etc.

TRAINING training events, seminars, Title V mentoring, etc.

VEHICLE MAINTENANCE maintenance of assigned vehicles whether at a DMME facility or commercial facility (includes travel time).

SUPERVISORS’ CODES

SPV AML-EMER PJT MGT state declared AML emergency projects, not involving an inspection, but including: file update, meetings; plan review, Inspector re-assessment and pre-bids (includes all travel time).

SPV AML-NONEM PJT MGT AML non-emergency projects, not involving an inspection, but including: file update, meetings; plan review, Inspector re-assessment and pre-bids (includes all travel time).

SPV AREA MANAGEMENT management of inspector workloads, fleet management, permit issues, black water monitoring, on-site inspections with an inspector, etc. (Does not include computer work.) SPV PERSONNEL MGMT personnel matters.

SPV REVIEW MATERIAL review/comment on any documents.

Generally, for each time code used; time listed should be rounded to no less than 30 minute intervals.

Items to be entered in the comment section should include-

  • name and title of all persons with whom there was contact, including subject matter, which has not been documented in an inspection report; -a description of any permit/project materials reviewed; and, -any other pertinent information about your daily activities. 2

Virginia Coal Mine Electrician Certification GuidelinesDoc ID: DM-C-CES

Original: 306 words
Condensed: 247 words
Reduction: 19.3%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS

CERTIFICATION REQUIREMENTS

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20 (VR 480-04-2), which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Chief Electrician (Surface) This certification authorizes the holder to: Perform electrical work and inspections at surface locations of underground mines and at surface coal mines Make examinations on electrical equipment Conduct and record results of electrical examinations

APPLICATION/EXPERIENCE REQUIREMENTS: Application (BCME-1) and $10.00 fee 5 working days prior to examination Hold a valid Electrical Repairman and Electrical Maintenance Foreman certification Five years of electrical experience as applied to surface mining or appropriately related work experience approved by the Chief of the Division of Mines Current first aid training (MSHA first aid 5000-23 acceptable)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination.

ELEMENTS OF EXAM NUMBER OF QUESTIONS Chief Electrician Exam (CH) 50 Alternating Current Direct Current Circuits & Equipment Cable Splicing High Voltage Legal Requirements First Aid (FA) 20 National Electrical Code (not implemented) 20 Practical Stations (not implemented Records – practical (not implemented)

  • continued on back -RECOMMENDED REFERENCE/STUDY MATERIALS: Electrical Study Guide Coal Mine Safety Laws of Virginia BCME Requirements First Aid For Miners Study Guide Title 30 CFR - Part 18, 75, 77

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 8 hours annual Electrical Repairman continuing education will update this certification.

Revised 04/10/01

Foreman Certification Requirements and Exam GuideDoc ID: DMM-C-SUFB

Original: 560 words
Condensed: 560 words
Reduction: 0.0%

CERTIFICATION REQUIREMENTS FOR FOREMAN

SURFACE FOREMAN:

 Minimum 5 years mineral mining surface work experience  2 year work credit for Associate Degree in Mining Technology or Civil Technology  3 year work credit for Bachelor Degree in Mining Engineering, Civil Engineering, Mining Technology, Civil Technology, or Geology)  Proper completion of Board of Mineral Mining Examiners Application Form (BMME-1)  Proper completion of Board of Mineral Mining Examiners Work Experience Form (BMME-2)  Submit copy of valid first aid card, showing completion of an approved first aid course  Submit $10 examination fee with BMME-1 and BMME-2 at least five working days before exam, in the form of a check or money order, payable to the Treasurer of Virginia  Pass the BMME Surface Foreman exam, scoring at least 85% on each of 5 parts

CERTIFICATION EXAM PARTS:

Part 1 – First Aid (20 questions)

Part 2 – Foremanship/Foreman Responsibilities (20 questions)

Part 3 – Operational Safety and Reclamation (50 questions) Part 4 – Safety Training and Recordkeeping (20 questions) Part 5 – Drilling/Blasting (20 questions) -- not required for Surface Foreman Open Pit Certification

UNDERGROUND FOREMAN:

 Minimum of 5 years mineral mining underground experience  Pass the BMME Underground Foreman exam, scoring at least 85% on each of 4 parts  All other criteria listed under Surface Foreman (above) applies

CERTIFICATION EXAM PARTS:

Part 1 – First Aid and Accident Reporting (20 questions) Part 2 – Safety/Health Regulations for Surface and Underground, Parts 1-14, 16 (20 questions)

Part 3 – Safety/Health Regulations for Underground, Part 15 (40 questions)

Part 4 – Mine Gases, Ventilation, and Ground Control (20 questions)

ALL APPLICANTS WILL BE NOTIFIED BY MAIL OF THE EXAM RESULTS WITHIN 2 WEEKS

REV. 9/01

CERTIFICATION REQUIREMENTS FOR BLASTER

SURFACE BLASTER:

 Minimum 1 year blasting duties under direct supervision of a certified blaster  Proper completion of Board of Mineral Mining Examiners Application Form (BMME-1)  Proper completion of Board of Mineral Mining Examiners Work Experience Form (BMME-2)  Submit copy of current MSHA 5000-23, showing First Aid review or copy of a first aid card or higher  Submit $10 examination fee with BMME-1 and BMME-2 at least five working days before exam, in the form of a check or money order, payable to the Treasurer of Virginia  Pass the BMME Surface Blaster exam, scoring at least 80% on each of 5 parts

CERTIFICATON EXAM PARTS:

Part 1 – Blaster Duties, Responsibilities, and Hazard Recognition (20 questions)

Part 2 – Basic Knowledge of Blasting (20 questions)

Part 3 – Blasting Design and Control (20 questions)

Part 4 – Blast Effects (20 questions)

Part 5 – Virginia Law & Regulations Applicable to Blasting (20 questions)

UNDERGROUND BLASTER:

 Minimum of 2 years underground mineral mining employment, with at least 1 year blasting duties  Pass the BMME Underground Blaster exam, scoring at least 80% on each of 4 parts  All other criteria listed under Surface Blaster (above) applies

CERTIFICATION EXAM PARTS:

Part 1 – Blaster Duties, Responsibilities & Hazard Recognition (20 questions)

Part 2 – Basic Knowledge of Blasting (20 questions)

Part 3 – Blasting Design and Control (20 questions)

Part 4 – Blast Effects (20 questions)

Part 5 – Virginia Law & Regulations Applicable to Blasting (20 questions)

ALL APPLICANTS WILL BE NOTIFIED BY MAIL OF THE EXAM RESULTS WITHIN 2 WEEKS

REV.3/01

Water Quality Violations Enforcement GuidelinesDoc ID: DMLR-P-3701

Original: 1,104 words
Condensed: 832 words
Reduction: 24.6%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 7.01

PROCEDURES MANUAL ISSUE DATE August 2, 2005 SUBJECT CSMCRA/Clean Water Act Violations Section CS Settlement Agreements Last Revised

OBJECTIVE AND INTENT:

To provide guidance to the Division in the determination to proceed with appropriate enforcement action and/or prepare a settlement agreement that concerns water quality violations subject to the Coal Surface Mining Control and Reclamation Act of 1979 (CSMCRA), State Water Control Law (SWCL), and federal Water Pollution Act of 1972, commonly known as the Clean Water Act (CWA).

GENERAL:

In determining whether to pursue enforcement action under the SWCL or CWA (per 45.1-254 of the Code of Virginia), the Division will consider the nature, extent, and seriousness of the water quality violations. Each situation that may be subject to this procedure will be evaluated upon its unique circumstances. Any agreement that may arise under this process will be tailored to address the situation so as to abate current deficiencies and problems, to minimize future adverse environmental impacts, and hold the permittee accountable for the violations.

PROCEDURES:

Enforcement action determination –

When significant violation(s) of the National Pollutant Discharge Elimination System (NPDES) permit occurs, the Reclamation Services Manager (RSM) and Chief Engineer (CE) will evaluate the actual and potential environmental impacts of the violation to determine whether enforcement action under the SWCL/CWA is appropriate and should be initiated.

SWCL/CWA enforcement would be considered when there is a major effluent violation discharge event or series of events from a regulated operation and the discharge(s), individually or cumulatively, may adversely impact the environment or pose a threat to the public health and safety. In addition, should the permittee have a documented history of failing to conduct or provide water monitoring in compliance with the NPDES permit(s), SWCL/CWA enforcement may be pursued by the Division.

The determination should consider whether the –

  • Environmental impacts to offsite areas are or may be significant (e.g., fish kills, damage to sensitive aquatic habitat).
  • Violation poses a threat to public water sources or private water supplies.
  • Company received a potential economic benefit as a result of the failure to ensure the discharges met the effluent discharge standards.

The Reclamation Enforcement Inspector and Supervisor will take the lead in gathering relevant data and evidence that will be forwarded to the RSM and CE. Assistant from the Water 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 7.01

PROCEDURES MANUAL ISSUE DATE August 2, 2005 SUBJECT CSMCRA/Clean Water Act Violations Section CS Settlement Agreements Last Revised Quality section and Technical Services Section will be provided as needed.

Once the RSM and CE determine that SWCL/CWA action is appropriate, a meeting will be arranged with the permittee to inform it of the action that may be pursued. The DMLR will also inform the permittee’s representatives of the potential option to resolve the problems under a settlement agreement.

Settlement Agreements –

A copy of the relevant supporting evidence and reports will be forwarded to the Legal Services Officer who will prepare the draft agreement after consideration of –

  • Company’s written request for a settlement agreement, which should include an explanation of why violations occurred, what interim remedial measures were taken to correct the problem(s), and what actions will be taken to prevent additional violations.
  • The Reclamation Inspector(s) and/or Supervisor(s) reports concerning the SWCL, CWA, and/or CSMCRA violations/deficiencies.
  • The extent of actual or potential environmental harm or threat to the public health and safety posed by the SWCL, CWA, and/or CSMCRA violations.
  • Prior settlement agreements’ terms and conditions - that may be similar to the current situation.
  • Any information or input that may be requested or provided by other State or federal agencies with jurisdiction or legal interest in the matter (e.g., Department of Environmental Quality, Division of Game and Inland Fisheries, Division of Forestry, Office of Surface Mining, EPA, etc.).

Input will also be solicited from the CE, RSM, and appropriate DMLR staff. The Water Quality section staff will be requested to provide relevant data regarding SWCL, CWA, and National Pollutant Discharge Elimination System permit requirements and conditions.

The settlement agreement will set out a summary of the facts of the violation(s) and the terms of the agreement, which may include (as applicable) –

  • Remediation work to correct or mitigate offsite adverse impacts from the discharge(s). The DMLR may propose watershed restoration or other water quality improvement projects as abatement to address the situations where the impacts of the violation discharges cannot be physically corrected with best technology available.
  • Reimbursement of costs (This will primarily address the Virginia Department of Environmental Quality’s investigation costs and the estimated fish and wildlife replacement costs received from the Division of Game and Inland Fisheries.). 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 7.01

PROCEDURES MANUAL ISSUE DATE August 2, 2005 SUBJECT CSMCRA/Clean Water Act Violations Section CS Settlement Agreements Last Revised

  • The use of EPA models (e.g., BEN Model) to calculate any actual or potential economic benefit that the permittee may have gained from the violation(s).
  • Appropriate penalties, civil charges, or donation amounts.

Once the draft is prepared, reviewed, and determined by the CE to adequately address the agency’s position and concerns, a copy will be sent to the permittee (or its counsel, if requested) for review and comment. The CE shall take the lead in discussing the potential settlement with the permittee’s representative(s). The DMLR Management team and DMME Deputy Director will review a finalized draft agreement.

Changes that are acceptable to the agency may be made during the review and comment process. If the permittee agrees to the settlement proposal, a signed copy will be requested and forwarded to the Legal Services Officer. After ensuring the signed agreement is the same as agreed upon, it shall then be forwarded to the Division Director and/or Deputy Director for final execution.

A copy of the executed agreement will be sent by certified mail or hand delivered to the permittee (or its counsel/legal representative), copies may be provided to appropriate DMLR personnel and other State/federal agencies (if deemed necessary), and a copy will be retained by the Legal Services Officer.

Collected penalties levied pursuant to the CSMCRA shall be dispensed in accordance with §45.1-246D. Monies collected to compensate other State agencies’ expenses (e.g., fish replacement, investigation costs) shall be transferred to the appropriate agency account. Civil charges collected under the SWCL shall be transferred to the Virginia Emergency Environmental Relief fund. Donations for watershed restoration or other environmental abatement programs administered by the DMME shall be placed in the appropriate agency fund. Any other donations or contributions shall be distributed in accordance with the terms and conditions of the settlement agreement. 3

Mine License Termination ProceduresDoc ID: DMM-P-415

Original: 361 words
Condensed: 256 words
Reduction: 29.1%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.15.00 PROCEDURES MANUAL ISSUE DATE 10/24/95 SUBJECT Termination of License Requirement Section Permitting Last Revised

OBJECTIVE AND INTENT:

To effectively allow the existence of a mine and mine permit under Chapter 16; Title 45.1 Code of Virginia without the requirement for a mine license.

PROCEDURES:

  1. The Mine Inspector, after the inspection of the mine site, will notify the operator through his Inspection Report (DMM-104), that initial reclamation, having been completed the mine is now eligible for termination of the mine license.
  1. The inspection report will state that the license can be terminated by submittal of a letter to the DMM office in which the operator indicates that he no longer intends to mine and remove minerals from the site. The letter must also include a completed Mineral Mining Annual Tonnage Report (DMM-146).

Upon receipt of these documents the Program Support Technician, will review the permit file within 2 days to confirm that the Mine Inspector has issued an Inspection Report approving initial reclamation. If this report has not been filed, the Program Support Technician will contact the Mine Inspector to discuss the request to terminate. A copy of the request will be mailed to the Mine Inspector.

  1. If the inspection has not been performed, the Mine Inspector will have 30 days, after receiving the request, to examine the mine and submit an Inspection Report approving or denying the completion of initial reclamation.
  1. If the termination request is denied, the Mine Inspector will notify the operator that reclamation is incomplete and outline the measures necessary to achieve completion of initial reclamation. This notification will be provided on an Inspection Report.
  1. If the termination request is approved and the Program Support Technician possesses both a termination request from the operator and an Inspection Report from the Mine Inspector granting approval of initial reclamation then the Mineral Mining Computer System will be updated by the Program Support Technician to show a "Reclamation Done" date on the Permit Information Maintenance screen (DMM.PESS.OO).
  1. All pertinent paper work will be placed in the permit file by the Program Support Technician and a copy will be provided to the Mine Inspector.
  1. 15-1

Underground Electrical Repairman Certification GuidelinesDoc ID: DM-C-UER

Original: 422 words
Condensed: 356 words
Reduction: 15.6%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

UNDERGROUNDELECTRICALREPAIRMAN

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20,which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Underground Electrical Repairman This certification authorizes the holder to: ƒ Perform electrical work and inspections at all underground and surface areas of underground coal mines ƒ Make examinations on electrical equipment ƒ Conduct and record results of electrical examinations NOTE: This certification shall be used at surface and underground mines.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ One year of electrical experience in underground coal mining under the direction of a certified underground electrical repairman or appropriately related work experience approved by the Chief of the Division of Mines ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable) ƒ Six months credit will be granted for electrical educational training from a college, technical school, or vocational school ƒ Hold a General Miner Certification

NOTE: Must provide MSHA Individual Identification Number prior to certification being issued.

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination.

ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Alternating Current (AC) 20 ƒ First Aid (FA) 20 ƒ Direct Current (DC) 20 ƒ Circuits & Equipment/drawings (CE) 25 ƒ Cable Splicing (CS) 20 ƒ High Voltage (HV) 20 ƒ Legal Requirements (LR) 20 ƒ Permissibility (PR) 20 ƒ Gas Detection - practical demonstration

  • continued on back -ƒ Records - Practical Stations (7)
  1. Control Circuit Troubleshooting - Electrical Schematic Reading (ER)
  2. Electrical Examinations - Record Keeping Underground (RU)
  3. Electrical Examinations – Record Keeping Surface (RS)
  4. Cable Troubleshooting (CT)
  5. Circuit Breaker Troubleshooting (CB)
  6. Permissibility (PD)
  7. High Voltage Power Move (VP)

RECOMMENDED REFERENCE/STUDY MATERIALS: ■ Electrical Study Guide ■ Coal Mine Safety Laws of Virginia ■ BCME Requirements ■ Title 30 CFR Parts 18, 75, 77 ■ First Aid for Miners Study Guide ■ Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 8 hours Electrical Repairman continuing education will update this certification.

Revised 06/02/08

Post-Drilling Water Analysis StandardsDoc ID: 6454

Original: 541 words
Condensed: 333 words
Reduction: 38.4%

DIVISIONS

ENERGY

GAS AND OIL

GEOLOGY AND MINERAL

RESOURCES

MINED LAND RECLAMATION

MINERAL MINING

MINES

ADMINISTRATION

Department of Mines, Minerals and Energy Russell County Government Center 135 Highland Drive Lebanon, Virginia 24266 (276) 415-9700 FAX (276) 415-9671 www.dmme.virginia.gov

GUIDANCE MEMORANDUM1

TO: Gas and Oil Operators in Virginia

FROM: Rick Cooper, Director Department of Mines, Minerals and Energy (DMME), Division of Gas and Oil

DATE: December 19, 2018

SUBJECT: Post Drilling Water Analysis Evaluation Standards

The Virginia Department of Mines, Minerals and Energy’s (DMME) Division of Gas and Oil (DGO) is responsible for regulating the effects of gas and oil operations both on and below the surface, issuing permits, client assistance programs, inspection of well sites and gathering pipelines, reclamation of abandoned well sites, protection of correlative rights, and promotion of resource conservation practices.

In an effort to ensure gas and oil operations are being regulated effectively and efficiently, DMME is providing this guidance document to clarify the process for the evaluation of groundwater quality samples taken both before (baseline) and after a well has been completed and placed into production (post-drilling). The primary purpose of this testing is to ensure that groundwater quality is not adversely affected by drilling operations. This document does not change any water quality standards or compliance criteria for thermogenic or biogenic gases or pH as defined in 4VAC 25-150-95 of the Virginia Gas and Oil Regulations.

Post-drilling water samples shall be compared against the required baseline sample and groundwater criteria established by the Department of Environmental Quality in 9VAC25-280-70. 4VAC25-150-95(I) requires operators to notify DGO within 24 hours if the test results from post-drilling samples demonstrate exceedances of parameters listed in that criteria. Upon receipt of this notice, the Director may request a justification from the operator as to why an additional groundwater test pursuant to 4VAC25-150-95(J) is not necessary.

Post drilling samples will be compared against a site reference value, defined as the greater of the baseline sample or the listed criteria. Exceedances between one and forty percent of the site reference value may, and exceedances greater than forty percent of the site reference value shall, result in the Director ordering the operator to provide a justification as to why an additional groundwater sampling test pursuant to 4VAC25-150-95(J) should not be ordered. This authority is in addition to enforcement actions the Director may utilize pursuant to 4VAC25-150-170.

1 § 45.1-361.27 of the Code of Virginia grants the Director the authority to “[p]rescribe the nature of and form for the presentation of any information and documentation required by any provision of this article or regulation adopted thereunder”An exceedance, in and of itself, does not demonstrate that groundwater quality has been adversely affected by drilling. Indicators of groundwater quality can vary depending on groundwater composition and influencing factors. Natural causation such as stream depth, flow, oxidation, mineralization, land use, surface water quality, and source of groundwater recharge may alter the groundwater characteristics. Climatological factors and trends can also play a role. The Director shall consider these indicators, historical testing data, and the post-drilling sample analysis to determine if any additional sampling may be required when the exceedance is less than forty percent of the baseline sample.

Please direct any questions about this memorandum to DGO at 276-415-9700.

Virginia Coal Mine Electrical Certification RequirementsDoc ID: DM-C-EMFS

Original: 326 words
Condensed: 254 words
Reduction: 22.1%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS

CERTIFICATION REQUIREMENTS

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20 (VR 480-04-2), which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Electrical Maintenance Foreman (Surface) This certification authorizes the holder to: Perform electrical work and inspections at all surface locations of underground mines and at surface coal mines Make examinations on electrical equipment Conduct and record results of electrical examinations

APPLICATION/EXPERIENCE REQUIREMENTS: Application (BCME-1) and $10.00 fee 5 working days prior to examination A valid Electrical Repairman certification Three years of electrical experience as applied to surface mining or appropriately related work experience approved by the Chief of the Division of Mines One year credit will be granted for an electrical engineering degree, or six months credit for electrical education training from a college, technical school, or vocational school.

Current first aid training (MSHA first aid 5000-23 acceptable)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination

ELEMENTS OF EXAM NUMBER OF QUESTIONS Electrical Maintenance Foreman 50 Alternating Current Direct Current Circuits & Equipment Cable Splicing High Voltage Legal Requirements First Aid 20 Gas Detection - practical demonstration Records – practical (not implemented) Practical Stations (not implemented)

  • continued on back -RECOMMENDED REFERENCE/STUDY MATERIALS: Electrical Study Guide Coal Mine Safety Laws of Virginia BCME Requirements Title 30 CFR Part 18, 50, 71, 77 First Aid For Miners Study Guide

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 8 hours Electrical Repairman continuing education will update this certification.

Revised 04/10/01

Chief Electrician Certification RequirementsDoc ID: DM-C-CESU

Original: 339 words
Condensed: 295 words
Reduction: 13.0%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS Website: http://dmme.virginia.gov/dm/default.htm

CHIEFELECTRICIAN(SURFACEANDUNDERGROUND)

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Chief Electrician (Surface and Underground) This certification authorizes the holder to: ƒ Perform electrical work and inspections at all surface areas of underground, surface and underground coal mines ƒ Make examinations on electrical equipment ƒ Conduct and record results of electrical examinations

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Hold a valid Electrical Repairman and Electrical Maintenance Foreman certification ƒ Five years of electrical experience as applied to underground mining or appropriately related work experience approved by the Chief of the Division of Mines ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination.

ELEMENTS OF EXAM NUMBER OF QUESTIONS Chief Electrician Exam (CH) 50 ƒ Alternating Current ƒ Direct Current ƒ Circuits & Equipment ƒ Cable Splicing ƒ High Voltage ƒ Legal Requirements ƒ Permissibility ƒ First Aid (FA) 20 ƒ National Electrical Code (not implemented) 20 ƒ Practical Stations (not implemented) ƒ Records – practical (not implemented)

  • continued on back -

RECOMMENDED REFERENCE/STUDY MATERIALS:ƒ Title 30 CFR Part 75, 77

ƒ Coal Mine Safety Laws of Virginia

ƒ BCME Requirements

ƒ Electrical Study Guide ƒ First Aid For Miners Study Guide

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 8 hours annual Electrical Repairman continuing education will update this certification.

Revised 06/02/08

Mine Operator Assistance ProceduresDoc ID: DM-P-10601

Original: 763 words
Condensed: 506 words
Reduction: 33.7%

DIVISION OF MINES

CHAPTER: VI Operator Assistance

PROCEDURES MANUAL

PROCEDURE NO: 1.06.01

ISSUE DATE: September 1, 2002 SUBJECT: Plan Approvals

LAST REVISED:

OBJECTIVE AND INTENT

To establish clear parameters for the work activities of the Division of Mines Technical Specialists appointed by the Director as provided in Section 45.1-161.23 of the Coal Mine Safety Laws of Virginia.

GENERAL

  1. Technical Specialists in the areas of mine roof control, ventilation, electrical safety and accident reduction perform work roles that provide technical support and assistance directly to coal mining operations.
  1. Technical Specialists are not inspectors. However, their role requires that in performance of duties any imminent danger encounters must be cited and handled in accordance with procedure 1.04.01 (3).
  1. Technical Specialists are to communicate with mine inspectors and supervisors on a regular basis concerning the coordination of activities at mining operations. Any conditions and practices which are identified by Technical Specialists which should be addressed by the mine operator to achieve improved health and safety performance and compliance with laws, rules and regulations should be promptly communicated to DM inspectors and supervisors assigned to the mine.
  1. Technical Specialists provide operator assistance in development of mine specific plans required by DM and MSHA. In the process of developing and drafting mine specific plans, the Technical Specialists performs as a resource in assisting the mine operator.
  1. Technical Specialists must clearly understand and appreciate the multifaceted role of operator assistance which they perform; especially in developing and drafting mine plans while participating in the review process with DMME and MSHA. It is essential to the process of mine plan development, drafting and review that ownership of the proposed plan be clearly established and maintained with the mine operator. DM Technical Specialists must remain objective and focused in their role of assisting mine operators with mine plan development, drafting and review.

1-3

PROCEDURES

1. ASSISTING MINE OPERATORS IN DEVELOPING AND DRAFTING OF

REQUIRED MINE PLANS.

Assisting in developing and drafting mine plans will be at the request of the mine operator or his agent.

During initial contacts with mine operators, the Technical Specialist will review his role and procedures for providing operator assistance.

The mine operator must receive and sign an Operator Assistance Request (see attached form) prior to assistance with plan development.

This request document must be reviewed and updated when there is a change of mine operators.

Technical Specialists will recommend elements for plan development based on mine site evaluations and other factual information available.

A review will be completed with the operator prior to developing and providing a proposed mine specific plan.

The proposed plan developed by the Technical Specialists is to reflect the requested content of the mine operator’s position.

During review of the plan with DMME and MSHA, the mine operator and/or his agent will directly represent the position of the operator with regard to the elements of the proposed plan.

Any changes to the proposed plan must be requested and approved by the mine operator.

In the process of addressing requested changes to the proposed plans prompted during the review process with DMME and MSHA, the mine operator will lead in discussions and any challenges to the positions taken by DMME and MSHA.

When providing information relevant to review of proposed plans, Technical Specialists should provide technical facts and results of evaluations that will assist in a thorough and professional review of proposed plan elements.

2. DOCUMENTATION OF RESULTS OF FIELD EVALUATIONS FOR

PLAN DEVELOPMENT AND DRAFTING.

Technical Specialists will make evaluations and assist in development of proposed plans based on field observations and tests, mine history and general knowledge and experience related to the mine and area being mined.

Field evaluations and other information from which recommendations are made and assistance in developing and drafting plans will be incorporated in the Technical Specialists report. 2-3 Notations relevant to contacts and content of meetings with operators when providing assistance for plan development and drafting will be included in the Technical Specialist’s report.

3. PARTICIPATION IN THE REVIEW AND APPROVAL OF DRAFT MINE

PLANS.

 Technical Specialists are not to submit plans directly to MSHA. The operator or his agent will submit all proposed plans by mail or in person. NOTE: Should the operator prepare a plan for delivery in a sealed envelope with the operator’s return address affixed, DMME personnel may assist with delivery.

 Technical Specialists are not to make changes to proposed plans once submitted to DMME and MSHA unless requested to do so by the mine operator or his agent. Plan revisions must be reviewed directly with the mine operator.

3-3

Fire Prevention and Flammable Material HandlingDoc ID: DM-G-161238

Original: 349 words
Condensed: 258 words
Reduction: 26.1%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY

STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 15

FIRE PREVENTION AND FIRE CONTROL Issue Date: 9/30/02 Revised Date: Page 1 of 1 45.1-161.238.D. Storage and Use of Flammable Fluids and Materials

This section of the MSA addresses standards for the use of oxygen and acetylene bottles and safe handling and storage practices.

When oxygen and acetylene bottles are used underground, work activities can be extensive and require several hours or shifts to complete. While being used, bottles and torches must be located in a safe place to prevent damage to bottle stems and hoses. The hoses and gages do not have to be disconnected while work activities are in progress. The bottles are to be considered in use as long as work is in progress. The bottles would not be considered in use if work activities have been completed and persons performing the work exit the working place. When work activities are completed and the bottles are no longer in use the bottles must be unhooked, capped and stored as required by the MSA.

When oxygen and acetylene bottles are used at the surface of an underground mine or at surface mines and are adequately secured, the regulators can remain attached for several hours or shifts so that personnel at underground coal mine work shops and work shops at surface can make use of equipment during a shift or shift work activities.

Because some mine sites operate seven days per week and on all three shifts, gauges and torches can remain attached to bottles from shift to shift or day to day as work activities dictate, though when no one is scheduled to work a shift, the torches and gauges should be disconnected and the bottles capped. Bottles and torches are to be considered in use during each active shift where personnel are in the shop, work area of the shop, or other surface coal mine work location.

See also guidelines for Storage and Flammable Fluids and Materials Article 13, Section 45.1-161.205 F. and Article 5, Section 45.1-161.267. L.

Coal Miner Certification Requirements in VirginiaDoc ID: DM-C-SGCM

Original: 8,657 words
Condensed: 7,477 words
Reduction: 13.6%

FOR

SURFACE MINES

AND AUGER MINES Requirements For General Coal Miner Certification

The following procedures are to be followed to secure certification:

A.

Applicants employed in Virginia coal mines prior to January 1, 1996 who wish to become certified shall:

Submit Form DM-BCME-1, Application for Certification.

Submit a notarized Work Experience Form, DM-BCME-2 Verifying mining experience prior to January 1, 1996.

Pay a $10.00 fee for certification.

Underground miners must pass the gas detection examination if they are not already gas detection qualified.

B.

Applicants seeking certification after January 1, 1996 shall:

Submit Form DM-BCME-1, Application for Certification.

Pay a $ 10.00 fee for certification.

Submit documentation to the Division of Mines verifying completion of new miner training, supervisory retraining, annual refresher training, or submit a valid EMT, EMT-first responder, advanced first aid certificate or card or submit proof of two hours first aid training within the past twelve months signed by an approved instructor or as otherwise indicated in General Coal Miner Certification (next page) section I-3. The training shall include highlights of the Coal Mine Safety Laws of Virginia and the Coal Mine Safety and Health Regulations of the Division of Mines and the Board of Coal Mining Examiners. The training shall include a demonstration of knowledge or passing of a written examination of Virginia’s coal mine safety laws and regulations.

Submit Form DM-BCME-3, Verification of Training Completed for General Coal Miner Certification prior to commencing work in a coal mine. The form shall be signed by the employee and the instructor and the date they sign will be the effective date of the General Coal Miner Certification.

Underground miners must pass the gas detection examination.

For information call Mary S. Gibson, Regulatory Boards Administrator, 276/523-8234.

General Coal Miner Certification Process

I.

Materials needed:

A.

Furnished by Applicant

Proof of age (must be at least 18 years of age)

  1. $ 10.00 in cash, check or money order (Money may be received at our Big Stone Gap or Keen Mountain offices, or through the mail).

Proof of first aid training a. 5000-23 MSHA form for training that includes at least 2 hours first aid training (new miner, annual refresher, supervisory retraining), within the last twelve months. b.

State of Kentucky training slip that includes at least 2 hours first aid training, within the last twelve months. c.

Any proof of first aid training in the last 12 months signed by an approved MSHA instructor, at least 2 hours of training d.

Valid Virginia EMT-B or EMT-First Responder or Advanced First Aid, certificate or card e.

Valid Kentucky MET or West Virginia EMT card

B.

Furnished by DM person conducting certification training:

Coal Mine Safety Laws of Virginia, 1999 Edition

General Coal Miner Study Guide

DM-BCME-1 Form

DM-BCME-3 Form

General Coal Miner Study Questions a.

Underground study questions if applicant wants GMUO (underground only); this includes surface area of underground mine b.

Surface study questions if applicant wants GMSO (surface only); this includes surface mine or auger mine only

Student Retention Quiz

a.

GMUO – Underground Quiz – 20 questions

b.

GMSO – Surface Quiz – 10 questions

II.

Certification process:

A.

Applicant is given the applicable general coal miner study guide, study questions, and a copy of the Coal Mine Safety Laws of Virginia, 1999 Edition. The applicant uses the applicable study guide and Coal Mine Safety Laws to find answers to the questions.

B.

After answering the study questions, the person conducting the certification training shall review each question with the applicant to ensure the applicant understands and acknowledges the correct answers.

C.

After completion and discussion of the study questions, the applicant is given the applicable student retention quiz. If the applicant does not respond correctly to the questions, then the applicant should be required to review the appropriate sections of the Coal Mine Safety Laws of Virginia until that person can answer the questions correctly.

NOTE: This is not a test that implies a passing or failing score. This quiz is designed only to help the person administering the training to evaluate the student’s retention of the training.

The total concept of the General Coal Miner Study Guide, study questions, and student retention quiz is to ensure that applicants have a general working knowledge of the Act and should not be perceived as a test with a passing or failing score.

D.

After the applicant completes the study questions and student retention quiz and both have been discussed by the person conducting the training, then that person completes the instructor section of the DM-BCME-3 form and signs in the appropriate place. The proper code (GMUO or GMSO) must be written in the upper right corner of this form. If more than one person is receiving training, than a roster must be filled out and attached to the DM-BCME-3 form.

III.

Mailing procedure

A.

Attach copy of proof of first aid, DM-BCME-1, DM-BCME-3, and roster (if necessary) together, making sure all forms are completed and signed.

If this is being conducted at a Division of Mines office, the $ 10.00 fee is to be paid to the appropriate person and receipted before the certification process begins. After the process is completed, the forms and the receipt are taken back to the person authorized to accept payment so they can be processed.

NOTE: A copy of completed form DM-BCME-3 needs to be given to the applicant to serve as proof that they have successfully completed all the requirements for the general coal miner certification until their card is received in the mail. Allow approximately one month to receive the card.

If this certification is being done at a mine site or other remote location, the completed material is given to the applicant in an envelope addressed to the DM office, either at KMO or BSG, and instructions are given in person or mail the material along with the fee to that address. If no copy machine is available, a TS-1 can be filled out with a statement saying the person has passed the requirements for general coal miner and include their name and social security number. Give the applicant a copy of the TS-1 to use as proof of training until the card arrives.

Board of Coal Mining Examiners P.O. Drawer 900 Big Stone Gap, VA 24219 (276)523-8149

Verification of Training Completed for General Coal Miner Certification

Type or print this form in ink and submit it to the Board of Coal Mining Examiners with a $10 processing fee in the form of a certified check, cashier’s check, or money order made payable to the Treasurer of Virginia. Cash will be accepted if paid in person at a Division of Mines’ (DM) office.

  1. Full Name______________________________________________S.S.#______________________________
  1. Address___________________________________________________________________________________ Street or P.O. Box City State Zip Code
  1. Home Phone No. (____)_______________________________Date of Employment______________________
  1. Employer Company Name________________________________________Mine Name___________________

Address___________________________________________________________________________________ Street or P.O. Box City State Zip Code

  1. Job title/description of job duties_______________________________________________________________
  1. I received training in first aid and Virginia’s coal mining law and regulations on___________________or I have attached a copy of my valid first aid card.

I hereby certify that the above answers are true to the best of my knowledge and belief.

Signed___________________________________________________________Date_________________________ Signature of applicant for certification

I hereby certify to the BCME that the training I provided to the applicant set forth above meets the requirements of Virginia Code §45.1-161.37 and the Virginia Administrative Code 4 VAC25-20, and the applicant has satisfactorily demonstrated to me the required knowledge of first aid practices and the mine safety laws of Virginia.

Name printed and signed ________________________________________________________________________ Certified foreman or instructor approved by DM providing training

Cert. No.______________________

Name printed and signed when the applicant is hired___________________________________________________ Mine operator employing applicant

DM-BCME-3 (Issued 5/22/96) Board of Coal Mining Examiners P.O. Drawer 900 Big Stone Gap, VA 24219 (276)523-8149

Application for Certification Examination

Applicants for certification must complete this form and submit a $10.00 non-refundable fee for each exam.

Type or print the information in ink or pay the fee with a certified check, cashier’s check or money order made payable to the Treasurer of Virginia. Cash will be accepted if paid in person. Submit the application and fee to the board of Coal Mining Examiners at least five working days prior to the date of examination.

  1. Full Name______________________________________________S.S.#______________________________
  1. Address___________________________________________________________________________________ Street or P.O. Box City State Zip Code
  1. Date of Birth ________________________Home Phone No. ( )___________________________________ Month/Day/Year
  1. Total year employed at a coal mine: ________________ ___________________ Underground Surface
  1. List your current (or most recent) mining experience

Company Name ___________________________________________________________________________

Address __________________________________________________________________________________ Street or P.O. Box

  1. Attach copies of the required documentation needed for each certification.
  1. Examination Requested (Check One) *BCME Instructor check the courses you wish to teach

[ ] Advanced first aid [ ] Automatic elevator operator [ ] Blaster endorsement-DMLR (no fee) [ ] Chief electrician (sur/UG or sur) [ ] Diesel engine mechanic instructor [ ] Dock foreman [ ] Electrical maintenance foreman [ ] First aid instructor [ ] First class mine foreman (sur/UG or surface) [ ] First class shaft or slope foreman [ ] Gas detection qualification (no fee) [ ] General coal miner [ ] Hoisting Engineer [ ] Instructor – BCME* (surf/strips and augers or surf/UG) [ ] MSHA electrical reinstatement [ ] Preparation Plant Foreman [ ] Mine inspector [ ] Surface blaster [ ] Surface electrical repairman [ ] Surface facilities foreman for shops, [ ] Surface foreman [ ] Top person labs, and warehouses [ ] Underground diesel engine mechanic [ ] Underground electrical repairman [ ] Underground shot firer

I hereby certify that the above answers are true to the best of my knowledge and belief.

Signed ______________________________________Date _____________________

DM-BCME-1 (Revised 5/25/99)GENERAL COAL MINER-SURFACE

COAL MINE SAFETY LAWS OF VIRGINIA

OUTLINE-SURFACE COAL MINES

45.1-161.8 Definitions

45.1-161.10 Special safety rules

45.1-161.11 Persons not permitted to work in mines

45.1-161.12 Prohibited acts by miners

45.1-161.30 Performance of certain tasks by uncertified persons

45.1-161.35 Revocation of certificates

45.1-161.37

General coal miner certification

45.1-161.78 Report of accidents

45.1-161.79 Reports of other accidents and injuries

45.1-161.81

Frequency of mine inspections

45.1-161.84 Advance notice of mine inspection

45.1-161.90 Notice of violations

45.1-161.94 Violations; penalties

45.1-161.97 Reports of violations

45.1-161.256 Safety examinations

45.1-161.257 Records of examinations

45.1-161.258 Notification and reporting of certain conditions and events

45.1-161.259 Personal protection devices and practices

45.1-161.260 Housekeeping

45.1-161.262 First-aid equipment 45.1-161.263 First-aid training

45.1-161.265 Fire-fighting equipment; duties in case of fire; fire precaution transportation of mining equipment; fire prevention generally

45.1-161.266 Duties in case of fire

45.1-161.267 Fire precautions

45.1-161.268 Haulage and mobile equipment; operating condition

45.1-161.269 Equipment operating speeds; conditions, etc.

45.1-161.270 Safety measures on equipment

45.1-161.271 Transportation of personnel

45.1-161.273 Shop and other equipment

45.1-161.275 Stairways, platforms, runways, and floor openings

45.1-161.276 Loading and haulage work area requirements

45.1-161.277 Equipment operation

45.1-161.278 Control of dust

45.1-161.279 Overhead high-potential power lines; surface transmission lines; electrical wiring in surface buildings

45.1-161.280 Transformers

45.1-161.282 Circuit breakers and switches

45.1-161.283 Electrical trailing cables

45.1-161.284 Surface storage of explosives and detonators

45.1-161.285 Misfires

45.1-161.286 Minimum blasting practices

45.1-161.287 Ground control

45.1-161.288 Inspection of electrical equipment and wiring; checking and testing methane monitors 45.1-161.289 Auger mining highwall inspections

45.1-161.290 Auger hole penetration on underground mines; testing

45.1-161.291 Auger hole safety precautions

45.1-161.292 Surface coal mining; distance from wells; requirements

  • Please note that this is a general description of what is important to you as a miner.

GENERAL COAL MINER – SURFACE

COAL MINE SAFETY LAWS OF VIRGINIA

GENERAL PROVISIONS

45.1-161.8

  1. Authorized Person – A person assigned a duty by the operator or agent and has demonstrated the ability to perform such duty or duties safely and effectively.
  1. Certified Person – A person assigned to perform a task that requires a certificate to be issued by the Board of Coal Mining Examiners, such as a mine foreman, repairman, shot firer, etc.
  1. Experienced Surface Miner – A person with more than six months experience at a surface mine or the surface area of an underground mine.
  1. Hazardous Condition – Conditions that are likely to cause death or serious personal injury to persons exposed to such conditions.
  1. Imminent Danger – A condition or practice that could reasonably be expected to cause death or serious personal injury before such condition can be corrected.
  1. Mine Fire – A fire that cannot be extinguished in 30 minutes.
  1. Miner – Any individual working in a mine.
  1. Serious Personal Injury – Any injury which has a reasonable potential to cause death or an injury other than a sprain or strain which requires an admission to a hospital for twenty-four hours or more for medical treatment.
  1. Work Area – All areas of a surface coal mine in production or being prepared for production and those areas which may pose a danger to miners.

45.1-161.10

An operator has the right to adopt special safety rules but shall not be in conflict with the Mine Safety Laws of Virginia. The operator shall post such rules or furnish a printed copy to all miners.

45.1-161.11

No person under eighteen years of age shall be permitted to work in or around any mine.

45.1-161.12

No miner or other person shall carry in a mine any intoxicating liquors or controlled drugs without the prescription of a licensed physician; enter any part of a mine against caution; or disobey any order issued pursuant to the provisions of this Act. Each miner at any mine shall comply fully with the provisions of this Act and other mining laws of this Commonwealth that pertain to his duties.

CERTIFICATION OF COAL MINE WORKERS

45.1-161.30

It shall be unlawful for any person to perform any task requiring certification by the Board of Coal Mining Examiners until he has been certified. A violation of this subsection shall constitute a Class 1 misdemeanor.

45.1-161.35

The Board may revoke certificates for intoxication while on duty, neglect of duties, violation of the mining laws, using controlled drugs without the prescription of a physician or other just cause.

45.1-161.37

Every person commencing work in a coal mine after January 1, 1996, shall be issued a general coal miner certificate issued by the Board of Coal Mining Examiners.

Each applicant for a general coal miner certificate shall prove to the Board that he has knowledge of first aid practices and has a general working knowledge of the Mines Safety Laws of Virginia.

MINE EXPLOSIONS, MINE FIRES, ACCIDENTS

45.1-161.78

Each operator shall report promptly of any accident to the Department. The scene of the accident shall not be disturbed pending an investigation except to the extent necessary to rescue or recover a person, prevent or eliminate an imminent danger, prevent destruction of mining equipment, or prevent suspension of slope, entry or facility vital to the mine.

45.1-161.79

Each miner employed at a mine shall promptly notify his supervisor of any injury received during the course of his employment.

Each operator shall keep on file a report of each accident including any accident which does not result in a lost-time injury. Copies of such report shall be given to the person injured or to his designated representative to review the accident report and verify its accuracy prior to filing such report for the review of state or federal mine inspectors.

MINE INSPECTIONS 45.1-161.81

The Chief shall conduct a complete inspection of every surface coal mine not less frequently than once per year. 45.1-161.84

No person shall give advance notice of any mine inspection conducted in accordance with the Mine Safety Laws of Virginia.

ENFORCEMENT AND PENTILITIES; REPORTS OF VIOLATIONS

45.1-161.90

If the Director, the Chief, or a mine inspector has reasonable cause to believe that a violation of the Act has occurred, he shall with reasonable promptness issue a notice of violation to the person who is responsible for the violation.

The notice of violation shall be deemed to be the final order of the Department and not subject to review by any court or agency unless, within twenty days following its issuance, the person to whom the notice of violation has been issued appeals its issuance.

45.1-161.94

Any person convicted of willfully violating any provisions of this Act or any regulation promulgated pursuant to this Act, unless otherwise specified in the Act, shall be guilty of a Class 1 misdemeanor.

45.1-161.97

Any person aware of a violation of this Act may report the violation to a mine inspector or to any other employee of the Department, in person, in writing, or by telephone call, at the mine, at an office of the Department, or at the mine inspector’s residence.

The operator of every mine, or his agent shall display on a sign placed at the mine office, at the bath house, and on a bulletin board at the mine site, a notice containing the office and home telephone numbers of mine inspectors and other Department personnel, and office addresses, which may be used to report any violation of this act.

The Department shall not disclose the identity of any person who reports an alleged violation to the owner or operator of the mine or his agent, or to any other person or entity. Information regarding the identity of the person reporting the violation shall be excluded from access under the provisions of the Virginia Freedom of Information Act.

WORK AREA EXAMINATIONS, RECORD KEEPING AND REPORTING

45.1-161.256

On-shift examinations of work area including pit, auger, thin seam and highwall operations shall be conducted by certified persons once every production shift and at such other times or frequency as the Chief designates necessary for hazardous conditions.

On-shift examinations of all mobile equipment shall be conducted by an authorized person.

Silt retaining dams and mine refuse piles shall be examined daily by an authorized person on any day on which a person works at such location.

The location of all natural gas pipelines on permitted surface mine areas shall be identified and conspicuously marked. Pre-shift examinations shall be conducted of the location of pipelines whenever active workings are approaching within 500 feet unless otherwise approved by the Chief.

Air quality examinations shall be conducted by a certified person when a surface coal mining operation intersects an underground mine, auger hole or other underground working.

Examinations for methane shall be conducted in surface installations, enclosures or other facilities in which coal is handled or stored once each production shift. Such areas shall also be tested for methane before any activity involving welding, cutting or an open flame. Examinations pursuant to this subsection shall be made by an authorized person certified to make gas tests.

Electrical equipment and wiring shall be inspected as often as necessary but at least once a month.

Fire extinguishers shall be examined at least once every six months.

Areas of inactive surface coal mines shall be examined for hazardous conditions by a mine foreman immediately before miners are permitted to enter such areas to take emergency actions to preserve a mine.

45.1-161.257

Documentation of examinations and testing conducted as required by 45.1-161.256 shall be recorded in a mine record book provided for that purpose. The surface foreman shall maintain and sign a daily record book. The reports entered into the book shall be read and signed by the operator, or his agent. If the surface foreman also serves as the operator or agent, then he shall only be required to sign each report once. All records of inspections shall be open for inspections by interested persons and maintained at the mine site for a minimum of one year.

45.1-161.258

Any hazardous condition shall be corrected promptly or the affected area shall be barricaded or posted with warning signs specifying the hazard and proper safety procedures. Any imminent danger that cannot be removed within a reasonable time shall be reported to the Chief by the quickest available means.

PERSONAL PROTECTION

45.1-161.259

All persons at a surface coal mine shall wear the following protection in the specified conditions:

  1. Hard hats in and around mines where falling objects may cause injury. 2. Hard-toed footwear in and around mines. 3. Safety goggles or shields where there is a hazard of flying materials. 4. protective shield or goggles when welding. 5. Snug fitting clothes when working around moving parts or machinery. 6. Gloves where hands could be injured. Gauntlet cuffs are prohibited around moving machinery.

Ear protection shall be supplied by the operator to all miners upon request.

45.1-161.260

Good housekeeping shall be practiced in and around buildings, shafts, slopes, yards and other areas of the mines. Such practices include cleanliness, orderly storage of materials, and the removal of possible sources of injury, such as stumbling hazards, protruding nails, broken glass, and material that may potentially fall or roll.

FIRST AID EQUIPMENT, MEDICAL CARE, EMERGENCY MEDICAL SERVICES

PERSONNEL

45.1-161.262

Each surface coal mine shall have an adequate supply of first aid equipment as determined by the Chief.

45.1-161.263

Each operator of a surface coal mine, upon request, shall make available to every miner employed in such mine first aid training, including refresher training.

FIRE PREVENTION AND FIRE CONTROL

45.1-161.265

Each mine shall be provided with suitable fire-fighting equipment, adequate for the size of the mine and shall include at least three twenty pound dry chemical fire extinguishers.

Fire extinguishers, suitable from a toxic and shock standpoint, shall be provided and placed at or on all electrical stations, such as substations, transformer stations and permanent pump stations, self-propelled mobile equipment, belt heads, areas used for the storage of flammable materials, fueling stations, and other areas that may constitute a fire hazard.

45.1-161.266

Should a fire occur, the person discovering it and any person in the vicinity of the fire shall make a prompt effort to extinguish it. When a fire that may endanger persons at the mine cannot be extinguished immediately, all persons shall be withdrawn promptly from the area of the fire. Any unplanned fire not extinguished within thirty minutes of discovery shall be reported to the Chief by the quickest available means.

45.1-161.267

An examination for fire shall be made after every blasting operation.

No person shall smoke or use an open flame within twenty-five feet of locations used to handle or store flammable or combustible liquids or where an arc or flame may cause a fire or explosion.

Areas surrounding flammable liquid storage tanks, electrical substations and transformers shall be kept free of combustible material for at least twenty-five feet in all directions.

Such storage tanks, substations and transformers shall be posted with readily visible fire hazard warning signs.

Battery charging areas shall be well ventilated and posted with warning signs prohibiting smoking or open flames within twenty-five feet.

Oxygen and acetylene bottles shall be stored in racks designated and constructed for the storage of such bottles with caps in place and secured when not in use. Such bottles shall not be stored near oil, grease, or other flammable material.

Belt conveyors shall be equipped with control switches to automatically stop the driving motor or the conveyor in the event the belt is stopped by slipping on the driving pulley, by breakage or other accident.

Areas surrounding main fan installations and other mine openings shall be kept free from grass, weeds, underbrush, and other combustible materials for twenty-five feet in all directions.

SURFACE EQUIPMENT

45.1-161.268

All mobile equipment shall be maintained in a safe operating condition.

Where it is necessary for men to cross conveyors regularly, suitable crossing facilities shall be provided.

Persons shall not get on or off moving equipment.

Persons shall not work on or from a piece of mobile equipment in a raised position unless the equipment is specifically designed to lift persons.

Where seating facilities are provided on self-propelled mobile equipment, the operator shall be seated before such equipment is moved. No person shall be allowed to ride on top of self-propelled mobile equipment.

Operator provided man-trips shall be maintained in safe operating condition, and enough of them shall be provided to prevent their being overloaded.

Employees shall not board or leave moving man-trips; they shall remain seated while in moving cars, and shall proceed in an orderly manner to and from man-trips.

45.1-161.269

Equipment operating speeds, conditions and characteristics shall be prudent and consistent with conditions of roadway, grades, clearance, visibility, traffic, type and use of equipment.

Before starting or moving equipment, equipment operators must be certain by signal or other means that all persons are clear.

45.1-161.270

Seat belts shall be maintained in all mobile equipment that are required to have rollover protective structures. Operators of such equipment shall wear seat belts when the equipment is in motion.

Mobile equipment shall be equipped with adequate brakes and parking brakes.

Cab windows shall be of safety design, kept in good condition and clean from adequate visibility.

Tires shall be deflated before repairs on them are started and adequate means shall be provided to prevent wheel locking rims from creating a hazard during tire inflation.

An audible warning device and headlights shall be provided on all self-propelled mobile equipment.

An automatic backup alarm, that is audible above surrounding noise levels, shall be provided on all mobile equipment.

All equipment raised for repairs or other work shall be securely blocked prior to persons positioning themselves where the falling of such equipment could create a hazardous condition.

45.1-161.271

No person shall be permitted to ride or be otherwise transported on or in: dippers, shovels, buckets, forks, outside cabs or beds of heavy equipment, or chain, belt or bucket conveyors unless designed to transport persons.

45.1-161.273

The following shall be guarded and maintained adequately: gears, sprockets, pulleys, fan blades or propellers, friction devices and couplings with protruding bolts or nuts; mine fans – the approach shall be guarded.

Machinery shall not be repaired or oiled while in motion, provided, that this shall not apply where safe remote oiling devices are used.

A guard or safety device removed from any machine shall be replaced before the machine is put in operation.

TRAVELWAYS, LOADING AND HAULAGE AREAS

45.1-161.275

Stairways, elevated platforms, floor openings and elevated runways shall be equipped with suitable handrails or guardrails. 45.1-161.276

Berms or guards shall be provided on the outer bank of elevated roadways.

Berms, bumper blocks, safety hooks or similar means shall be provided to prevent overtravel and overturning at dump points.

45.1-161.277

Dippers, buckets, scraper blades and similar movable parts shall be secured or lowered to the ground when not in use.

Dust control measures shall be taken so as to not obstruct visibility of equipment operators.

Mobile equipment shall not be left idling unattended; the wheels shall be turned into a bank or berm or blocked with the brakes set also.

DUST CONTROL

45.1-161.278

Coal dust shall not be permitted to accumulate on equipment or surface structures.

ELECTRICITY

45.1-161.279

Overhead high-potential power lines shall be placed at least fifteen feet above the ground and twenty feet above driveways and haulways, shall be supported and guarded to prevent contact with other circuits.

45.1-161.280

Unless surface transformers are isolated by elevation (eight feet or more above the ground), they shall be enclosed in a transformer house or surrounded by a suitable fence at least six feet high. If the enclosure or fence is of metal, it shall be grounded effectively. The gate or door to the enclosure shall be kept locked at all times, unless authorized persons are present.

Suitable danger signs shall be posted conspicuously at all transformer stations on the surface.

No electrical work shall be performed on low, medium or high voltage circuits or equipment except by a certified person or a person trained to perform electrical work under the direct supervision of a certified person.

All power circuits and electric equipment shall be de-energized, tagged and locked out before electrical repairs are made. 45.1-161.282

When not in use, power circuits shall be de-energized on idle days and idle shifts or protected against short circuits in accordance with the load on such circuits.

Power circuits shall be labeled to indicate the unit or circuit they control.

Persons shall stay clear of an electrically powered shovel or other similar heavy equipment during an electrical storm.

45.1-161.283

Temporary splices in trailing cables shall be made in a workmanlike manner, mechanically strong, and well insulated.

The number of temporary, unvulcanized splices in a trailing cable shall be limited to one.

EXPLOSIVES AND BLASTING

45.1-161.284

Separate surface magazines shall be provided for the storage of explosives and detonators.

Surface magazines for storing and distributing explosives in amounts exceeding 150 pounds shall be provided with suitable warning signs so located that a bullet passing directly through the face of a sign will not strike the magazine and kept locked securely when unattended.

Surface magazines for storing detonators need not be bulletproof, but they shall be in accordance with other provisions for storing explosives.

Explosives in amounts of 150 pounds or less or 5,000 detonators or less shall be stored in accordance with preceding standards or in separated locked box-type magazines. Box type magazines may also be used as distributing magazines when quantities do not exceed those mentioned.

The location of magazines shall not be less than 300 feet from any mine opening, occupied building or public road which the Chief designates in order to promote safety. However, in the event that a magazine cannot be practicably located at such distance, if sufficiently barricaded and approved by the Chief, such magazine may be located less than 300 feet from any mine opening, occupied building or road.

The area surrounding magazines for not less than 25 feet in all directions shall be kept free of rubbish, dry grass or other materials of a combustible nature.

Smoking, carrying smokers’ articles or open flames shall be prohibited in or near any explosive magazine. 45.1-161.285

Misfires shall be reported promptly to the mine foreman and no other work shall be performed in the blasting area until the hazard has been corrected. A waiting period of at least fifteen minutes shall lapse before anyone returns to the misfired holes. If explosives are suspected of burning in a hole, all persons affected shall move to a safe location for the longer of one hour or until the danger has passed. When such failure involves electric detonators, the blasting cable shall be disconnected from the power source and the battery ends short – circuited before electric corrections are made.

A very careful search of the blasting area, and if necessary, of the coal after it reaches the tipple shall be made after blasting a misfired hole to recover any undetonated explosive.

The handling of a misfired shot shall be under the direct supervision of the foreman or an authorized person designated by him.

45.1-161.286

When explosives are in use on the surface and an electrical storm approaches, all persons shall be removed from such blast area until the storm has passed.

GROUND CONTROL

45.1-161.287

All surface coal mining operations shall establish and follow a ground control plan to ensure a safe work area. The ground control plan shall be consistent with prudent engineering design.

Mining methods shall ensure wall and bank stability, including benching, to obtain a safe overall slope.

Unless required for the purpose of repairs, all persons shall be restricted from areas between equipment and walls, or banks if the equipment may hinder their escape from falling or sliding material. Special precautions shall be taken when persons are required to perform such repairs.

AUGER, HIGHWALL, AND THIN SEAM MINING

45.1-161.288

Electric equipment and wiring shall be inspected by a certified person at least once a week and more often if necessary to assure safe operating conditions, and any defect found shall be corrected.

The Chief may require the operator of a mine to functionally check on a daily basis methane monitors on electrical face equipment to determine that such monitors are de-energizing the electrical face equipment properly. Such check shall be made on each production shift and shall be conducted by the equipment operator in the presence of a foreman, and shall be recorded in the on-shift report of the section foreman.

The Chief may require the operator of a mine to perform weekly calibrations test on methane monitors on electrical face equipment to determine the accuracy and operation of such monitors. 45.1-161.289

The face of highwalls, for a distance of twenty-five feet in both directions from an auguring operation, shall be inspected by a mine foreman before any auguring operation is begun and at least once during each coal producing shift.

Mine foreman shall examine the face of all highwalls for a distance of twenty-five feet in both directions from an auguring operation frequently during periods of heavy rainfall or intermittent freezing/thawing.

Hazardous conditions shall be corrected and loose material removed from above the drilling site before any work is begun in the area.

45.1-161.290

A qualified person shall, using approved devices, test for methane and oxygen deficiency when an auger hole penetrates an abandoned or mined out area of an underground mine.

If methane or oxygen deficiency is found to exist, then no further work shall be performed until the atmosphere has been made safe.

45.1-161.291

No person shall enter an auger hole.

Auger machines which are exposed to highwall hazards shall be provided with operator coverage capable of preventing injuries to workers from falling material. At least one person shall be assigned to observe the highwall for possible movement while a crew is connecting or disconnecting auger sections.

Persons shall stay clear of any moving auger train and no persons shall pass over or under a moving auger train unless adequate crossing facilities are provided.

PROXIMITY OF MINING TO GAS, OIL WELLS AND

VERTICAL VENTILATION HOLES 45.1-161.292

Any mine operator who plans to mine within 500 feet of a gas well, oil well or vertical ventilation hole shall file a written notice to the Chief.

Any mine operator who plans to mine within 200 feet of a gas well, oil well or vertical ventilation hole shall have written approval from the Chief.

GENERAL COAL MINER – SURFACE

COAL MINE SAFETY LAWS OF VIRGINIA

  1. _____________________ examinations of the work area including pit, auger, thin seam, and highwall operations shall be conducted by certified persons once every production shift. (weekly, onshift, aftershift) 45.1-161.256
  1. Examinations for ____________________ shall be conducted in surface installations, enclosures, or facilities in which coal is handled or stored once each production shift. (nitrogen, water, methane) 45.1-161.256
  1. _____________________ examinations of all mobile equipment shall be conducted by an authorized person. (weekly, on-shift, monthly) 45.1-161.256
  1. Fire extinguishers shall be inspected at least once every _________________ months. (twelve, nine, six) 45.1-161.256
  1. Areas of inactive surface coal mines shall be examined for hazardous conditions by a mine foreman __________________ miners are permitted to enter such area. (the day before, immediately before, four hours after) 45.1-161.256
  1. The surface foreman shall maintain and sign a daily record book. These records shall be read and signed by the operator or his agent, open to inspections by interested persons and maintained at the mine site for a minimum of ___________________. (one year, three months, six months) 45.1-161.257
  1. Any imminent danger that cannot be removed within ____________________ shall be reported to the Chief by the quickest available means. (one week, one day, a reasonable time) 45.1-161.258
  1. Safety goggles or shields are required at a surface mine where there is a danger of _________________. (falling material, flying material, moving machinery) 45.1-161.259
  1. Ear protection shall be supplied by the ____________________ to all miners upon request. (state, employee, operator) 45.1-161.259

10. Each mine shall be provided with suitable fire-fighting equipment, adequate for the size of the mine and shall include at least ____________________ twenty pound dry chemical fire extinguishers. (three, two, one) 45.1-161.265 11. Fire extinguishers shall be provided and placed at or on all electrical stations, such as substations, transformer stations, and ____________________ pump stations. (float, temporary, permanent) 45.1-161.265

12. Any unplanned fire not extinguished within _____________________ of discovery shall be reported to the Chief by the quickest available means. (2 hours, 1 hour, 30 minutes) 45.1-161.266

13. An examination for ____________________ shall be made after every blasting operation. (smoke, fire, survivors) 45.1-161.267

14. Areas surrounding flammable liquid storage tanks, electrical substations and transformers shall be kept free of combustible material for at least ____________________ feet in all directions. (ten, fifteen, twenty-five) 45.1-161.267

15. Areas surrounding main fan installations and mine openings shall be kept free from grass, weeds, underbrush and other ____________________ materials for twenty-five feet in all directions. (non-combustible, combustible, incombustible) 45.1-161.267

16. Oxygen and acetylene bottles shall not be stored near oil, ______________________, and other flammable material. (water, grease, welders) 45.1-161.267

17. Persons shall not get on or off ____________________ equipment. (stationary, mobile, moving) 45.1-161.268

18. Before starting or moving equipment, an equipment operator must be certain by _________________ or other means that all persons are clear. (signal, hand signs, checking mirrors) 45.1-161.269

19. Operators of all rubber tired and crawler mounted equipment equipped with roll-over protective structures shall wear __________________ when the equipment is in motion. (safety goggles, seat belts, safety glasses) 45.1-161.270

20. An audible warning device, ____________________ adequate brakes, parking brakes and automatic backup alarm shall be provided on all self-propelled mobile equipment. (goggles, headlights, spare tire) 45.1-161.270

21. ____________________ or guards shall be provided on the outer bank of elevated roadways. (berms, trees, signs) 45.1-161.276 22. Dippers, __________________, scraper blades and similar moving parts shall be secured or lowered to the ground when not in use. (tow bars, buckets, persons) 45.1-161.277

23. Overhead high potential power lines shall be placed at least ______________________ feet above the ground. (fifteen, ten, five) 45.1-161.279

24. Overhead high potential power lines shall be placed at least twenty feet above _________________ and haulways. (equipment, driveways, buildings) 45.1-161.279

25. All power circuits and electric equipment shall be de-energized, ______________________ and locked-out before electrical repairs are made. (grounded, tagged, checked) 45.1-161.280

26. Suitable __________________ signs shall be posted conspicuously at all transformer stations on the surface. (information, lighted, danger) 45.1-161.280

27. Unless surface transformers are isolated by elevation (____________________ feet or more above the ground) they shall be enclosed in a transformer house or surrounded by a suitable fence at least __________________ feet high. (six, eight, five) (six, three, five) 45.1-161.280

28. Surface magazines for storing and distributing explosives in amounts exceeding 150 pounds shall be ___________________ when unattended. (left open, kept concealed, kept locked) 45.1-161.284

29. Surface magazines for storing _______________________ need not be bulletproof. (cable, detonators, power) 45.1-161.284

30. The area surrounding magazines for not less than _______________________ feet in all directions shall be kept free of rubbish, dry grass, or other materials of a combustible nature. (ten, twenty-five, fifteen) 45.1-161.284

31. Magazines shall be no less than _______________________ feet from any mine opening, occupied building, or public road or any road which the Chief designates in order to promote safety. (100, 250, 300) 45.1-161.284

32. Magazines shall be provided with suitable warning signs placed so that a ____________________ passing directly through the sign will not strike the magazine. (vehicle, rock, bullet) 45.1-161.284 33. _______________________, carrying smoking articles, or open flames shall be prohibited in or near any explosive magazine. (horseplay, loitering, smoking) 45.1-161.284

34. When a misfire occurs, a waiting period of at least _____________________ minutes shall elapse before anyone returns to the misfired holes. (5, 10, 15) 45.1-161.285

35. The handling of a misfired shot shall be under the direct supervision of the __________________ or an authorized person designated by him. (foreman, welder, mechanic) 45.1-161.285

36. Unless for ____________________, no persons shall place themselves between equipment and walls, banks, or benches. (lunch, refueling, repairs) 45.1-161.287

37. All surface coal mining operations shall establish and follow a ______________________ control plan to ensure a safe work area. (roof, ventilation, ground) 45.1-161.287

38. Electrical equipment methane monitor ________________________ check shall be made on each production shift. (powder, ground, functional) 45.1-161.288

39. _____________________ calibration tests on methane monitors shall be conducted to determine the accuracy and operation of such monitors. (quarterly, monthly, weekly) 45.1-161.288

40. The face of all highwalls, for a distance of _______________________ in both directions shall be inspected before auguring operations begin and at least one during each coal production shift. (10 feet, 15 feet, 25 feet) 45.1-161.289

41. The face of all highwalls shall be inspected by the _____________________ before auguring operations begin and at least once during each coal producing shift. (assistance owner, mechanic welder, mine foreman) 45.1-161.289

42. The __________________ shall examine the face of all high-walls for a distance of 25 feet in both directions during heavy rainfall or intermittent freezing and thawing. ( mine foreman, auger operator, auger mechanic) 45.1-161.289

43. ____________________ shall be corrected and loose material removed from above any auger drilling site. (auger replacement, auger adjustments, hazardous conditions) 45.1-161.289

44. A ___________________ shall test for methane and oxygen deficiency when an auger hole penetrates an abandoned underground mine. (mechanic welder, repairman electrician, qualified person) 45.1-161.290 45. If _____________________ or _____________________ is found when an auger hole penetrates an old underground mine, no further work shall be performed until the atmosphere is made safe. (methane-oxygen, nitrogen-sulfur, sulfur-carbon) 45.1-161.290

46. Auger machines shall be provided with ____________________ capable of preventing injuries to workers from falling material. (safety goggles, operator coverage, safety glasses) 45.1-161.291

47. At least one person shall be assigned to observe the ____________________ for possible movement while the crew is connecting or disconnecting auger sections. (equipment, roadway, highwall)

45.1-161.291 (D)

48. Any mine operator who plans to mine within ______________________ feet of a gas well, oil well or vertical ventilation hole shall have written approval of the chief. (50, 100, 200) 45.1-161.292

49. ____________________ can enter an auger hole. (experienced persons, no person, auger operators) 45.1-161.291

50. Mobile equipment should not be left unattended while _________________. (loading, idling, dumping ) 45.1-161.291

Answers are available through the Department of Mines, Minerals and Energy’s Division of Mines for all persons meeting the Division of Mines criteria. For more information please contact our office at (276)523-8227 or via e-mail at rlm@mme.state.va.us

GENERAL COAL MINER – SURFACE

COAL MINE SAFETY LAWS OF VIRGINIA

  1. How often shall a certified person (mine foreman) conduct an examination of the work area including the pit, thin seam or highwall mine operation?

A. At least once each shift B. At least once each week C. Monthly D. Examinations are not required if miners have 1 year mining experience

  1. When shall areas of inactive surface mines be examined for hazardous conditions by a mine foreman before other miners enter?

A. Within 8 hours of the beginning of the shift B. Immediately before C. Anytime during the shift D. Examinations are not required if miners have 1 year mining experience

  1. Which of the following shall be reported to the Chief by the quickest available means?

A. Leaking fuel tank B. Collision involving a bulldozer and front end loader with no one injured C. An unplanned fire not extinguished within 30 minutes D. Flyrock thrown onto a main highway

  1. What safety device shall be worn by equipment operators that operate mobile equipment equipped with roll-over protective structures?

A. Safety glasses B. Hearing protection C. Gloves D. Seat belts

  1. Which of the following is not required to be provided on all mobile equipment?

A. Two forty ton safety jacks B. Adequate brakes and brake parts C. Audible warning device and automatic backup alarm D. Headlights and cab windows maintained in good condition

  1. What shall be done with energized electric circuits and equipment before electrical repairs are made?

A. Test for effective grounding B. Test for open circuits C. De-energize, lock out and tag D. Test for short circuits

  1. Which of the following is not prohibited when personnel are working around explosive magazines or other explosive material?

A. Smoking B. Carrying smoking articles C. Open flames D. Personnel with no blasting experience

  1. What safety precautions shall be taken when an auger crew is connecting or disconnecting auger sections?

A. The auger machine shall be de-energized B. One person shall be assigned to observe the highwall for possible movement C. Only one person is allowed to connect or disconnect auger sections D. Gas tests shall be taken

  1. How long a waiting period is required before personnel can return to misfired holes where a misfire has occurred?

A. 3 minutes B. 5 minutes C. 10 minutes D. 15 minutes

10. How far in both directions shall the face of all highwalls be inspected before auguring operations begin?

A. 5 feet B. 10 feet C. 15 feet D. 25 feet

Answers are available through the Department of Mines, Minerals and Energy’s Division of Mines for all persons meeting the Division of Mines criteria. For more information please contact our office at (276)523-8227 or via e-mail at rlm@mme.state.va.us

SURFACE

GENERAL COAL MINER

HIGHWALLS

  • Always conduct a thorough examination of highwalls and assigned work areas prior to performing assigned work in that area as often as necessary to maintain a safe workplace. Highwalls must be monitored continuously to identify changing conditions.

Many surface miners, especially drill operators have been killed or seriously injured when sections of the highwall collapsed.

  • All surface miners should be thoroughly trained to conduct highwall examinations/evaluations and to recognize and safely react to hazardous conditions.
  • Recognize that cracks, faults, voids and water weaken highwall conditions and that any of these conditions could result in the collapse of the highwall.
  • Watch for loose, falling rocks when near a highwall and always anticipate that changing weather conditions including intermittent freezing/thawing and rainfall affect highwall stability.
  • All miners should restrict travel between equipment and highwalls, benches or banks.

A fatality occurred in Virginia when a coal miner was positioned between a track loader and a dirt bank and the dirt bank collapsed engulfing the loader operator.

SURFACE

GENERAL COAL MINER

MACHINERY

  • Equipment operation accounts for 65% of nationwide surface fatalities, while slips and falls and handling materials are the leading causes of surface lost time injuries in Virginia. Most lost time injuries in Virginia occur January through March. The weather conditions contribute to these accidents that occur at this time of year.
  • Surface equipment, especially large equipment, creates numerous blind spots. Always make sure equipment operators are aware of your presence and location when near equipment. Before starting or moving equipment, an equipment operator must always make certain by signal or other means that all persons are clear.
  • Equipment operators should always receive thorough training on operational characteristics, manufacturer performance specifications and capabilities/limitations, potential hazards and safety precautions associated with site specific equipment. Such training should include load characteristics, operational behavior, braking and stopping distances, gear-grade relationships, etc.
  • Equipment operators should be properly trained on how to conduct an equipment walk-around inspection prior to operating to identify potential hazards including mechanical problems, fluid leaks, air leaks and damages or defective safety devices.
  • Training should be conducted on reacting to emergency situations such as engine failure, loss of vehicle control, steering problems, brake failure, fires, etc.
  • Many coal miners have been seriously injured or killed while operating equipment on grades and steep inclines and most often while traveling downgrade. As a general rule, an equipment operator should travel downgrade in the same gear that they traveled upgrade.
  • Weather conditions including dust, rain, snow or ice directly affect equipment operation, especially braking and stopping distances.

SURFACE

GENERAL COAL MINER

ELECTRICITY

  • Work performed near overhead low, medium and high voltage power lines can present an extremely dangerous situation when adequate safety precautions are not taken. The voltages in these lines can range from 110 volts to 169,000 volts. Electrical shocks received from any of these lines can cause serious injury or death. Contact with a 110 volt line can be just as deadly as contact with 169,000 volts in a given situation. Contact with low voltage lines doesn’t cause as serious trauma injuries at exit areas as compared to high voltages, especially those circuits of 1000 volts and higher.
  • Any shock sensation felt going through the body can be fatal depending on various conditions including: (1) amount of voltage and current; (2) path to ground; (3) area of the body traveled through; (4) heart rhythm stage; and (5) chemical state of the body.

Electrical shocks that pass through the heart are the most dangerous and could stop the heart from beating.

  • Equipment operators must be cautious and constantly alert of the presence and hazards of overhead power lines when working in these areas. Equipment such as coal trucks and drill masts are especially likely to be accidentally raised into overhead power lines.

A serious accident of this type occurred in Virginia when a coal truck driver standing on the ground raised his bed tarp into an energized 12,470 volt power line and received a serious shock and electrical burns. An accident of this same type resulted in a fatality in West Virginia.

  • Electrical storms present lighting strike hazards to surface mining operations.

Lightning has been known to strike drill masts and even areas where explosives have been loaded into boreholes causing premature detonations. Never forget to take adequate safety precautions when an electrical storm is approaching.

SURFACE

GENERAL COAL MINER

EXPLOSIVES

  • The use of explosives can present potential risks of serious injuries and death when these materials are not handled, transported or used properly. Always ensure that you receive the proper training prior to working with explosives.
  • The prevention of explosive accidents depends mainly on two major factors; (1) the knowledge and experience of persons responsible for the use of explosives and; (2) well defined safety precautions to guide miners in the safe conduct of blasting operations.
  • Miners designated to handle explosives must use their intelligence, common sense, and training in the use of explosives. They must know what is and what is not safe.
  • The following are but a few of the safety precautions that should be taken when handling explosive material:
  • Explosives should be handled very carefully. Never throw explosives on the ground or other areas. -Never smoke near explosive products. -Never use metal tools to open explosive containers. -Never carry explosives in the pockets of your clothing, unauthorized containers, or personal vehicles. -Never use damaged or deteriorated explosive products. -Never strike, tamper or attempt to investigate the contents of explosive products. -Never handle, use or be near explosive products before or during the approach of an electrical storm. -Never force detonators into primers. -Never attempt to force explosives into a borehole or through an obstruction in a borehole. -Never position yourself over a borehole when loading. -Never deform, drop, tamp, or abuse a primer and never drop a primer into a borehole. -Never drop other explosive cartridges on top of a primer. -Never load explosives into hot boreholes. Hot boreholes have been suspected of causing premature detonations resulting in fatal injuries. -Never run over any explosives products with vehicles. This unsafe practice has been suspected of causing premature detonations of explosives resulting in serious accidents.

SURFACE

GENERAL COAL MINER

NATURAL GAS LINES

  • Gas lines present unique hazards to surface operations when work is performed near such lines and proper safety precautions are not taken. Gas lines are required to be marked. Serious accidents have occurred when equipment ruptured lines that were not marked.
  • A major fire hazard is always present if a gas line is ruptured. The gas is pressurized in these lines and until cut off devices are activated, the flow of this gas cannot be controlled. Only gas company representatives will know where and how to stop the flow of gas in these lines. If could take hours for someone to cut off the gas flow in these lines.
  • Surface mining equipment has been totally destroyed by fire and equipment operators have suffered fatal burn injures when equipment ruptured these lines.
  • The location of all natural gas pipelines located on surface mine areas must be identified with conspicuously marked signs. Always look for these signs and take adequate safety precautions when operating equipment near these lines.
  • Immediately report to the foreman, any unmarked areas that you suspect contains a gas line. Very few equipment operators have punctured a gas line and lived to talk about it.

5-Day Spot Mine Inspection ProceduresDoc ID: DM-P-10402

Original: 659 words
Condensed: 597 words
Reduction: 9.4%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.02

ISSUE DATE: January 1, 1997 SUBJECT: 5-Day Spot Inspection

LAST REVISED: 01/99;08/05

OBJECTIVE AND INTENT

To assist the mine operator at a newly licensed mine in meeting the requirements of the coal mine safety laws, and to make known, the operator assistance programs available through DM to promote and assist in improving safety performance.

PROCEDURE

1. 5-DAY SPOT INSPECTIONS

 Upon receipt of notification of the opening of a newly licensed mine, the inspector will visit the mine site within five work days to identify the status of the mine.

 The inspector will review with the operator the requirements of the Mine Safety act, including reopening inspections, and all required mine plans along with providing the operator copies of the mining laws and regulations.

 After the operator has been informed of the requirements of the law, a regular inspection, where possible, will be initiated within 30 calendar days.

 Should the 30 day period for the reopening inspection carry into another inspection period, the mine will be considered inspected for that period.

2. INFORM THE OPERATOR OF OPERATOR ASSISTANCE PROGRAM

 DM specialists and technical instructors will provide technical assistance when requested in the following areas:

a. Plans development b. Roof control evaluations c. Mine ventilation d. Mine electrical systems e. Miner training

Rev. 08/05

1-3

3. FIVE-DAY

INITIAL

SPOT

INSPECTION

CHECKLIST

FOR

INSPECTOR (UNDERGROUND)  A three-ring binder will be presented to each new mine operator during the initial five-day spot contact.  Items to be included and discussed in the binder are as follows:  Most current copy of the Mine Safety Act  Copies of the most recent Rules and Regulations  Copy of pre-shift/on-shift record book  Annual map file folder  Operator assistance and verification of plans or plans in process (Examples of each in binder)

  1. Roof control
  2. Emergency response
  3. Fan stoppage
  4. Smoker’s search
  5. Pushing cars
  6. Bleeder
  7. Seal Plan
  8. Drilling Plan
  9. Blasting  Mine rescue agreement  Forms
  10. Notice of Operator Intent
  11. Right to Appeal
  12. Notice of Change in Licensing Information
  13. Application for Certification Examination
  14. Verification of Work Experience
  15. Verification of Training Completed
  16. DM-DE-03-04/95 Request To Use Diesel Powered Equipment Underground  Certification examination schedule  MSHA/DMME agreement when mining in proximity to abandoned mine workings  Operator memoranda  DMME-Division of Mines Rescue and Recovery  DMME-Mine emergency preparedness  Required postings
  17. Report of Violation, 45.1-161.97 C
  18. Carrying Smoker’s Articles Underground, 45.1-161.179
  19. Tampering With Methane Monitors or Detecting Devices, 45.1-161.215
  20. Mine license  DMME/MSHA mine emergency poster  Emergency air transport  Red zone poster 2-3  On-site examination of mine foreman
  21. Ventilation
  22. Roof control  General coal miner training material for underground and surface at underground  The following items should be discussed with mine operator
  23. Unlawful for uncertified persons to perform certain tasks
  24. Photostatic copies of certification
  25. Operating without a mine license
  26. Inspection frequency/risk evaluation
  27. Two 40-ton jacks or equivalent
  28. Approaching abandoned works (drilling)
  29. First aid material, emergency medical personnel
  30. Gas detection training and requirements
  31. Reporting of serious accidents, roof falls, mine fires and explosions
  1. FIVE-DAY INITIAL SPOT INSPECTION FOR SURFACE MINES  Current copy of the Mine Safety Act  Copy of most recent Rules and Regulations  Operator memoranda  Forms
  2. Notice of Operator Intent
  3. Right to Appeal
  4. Notice of Change in Licensing Information
  5. Application for Certification Examination
  6. Verification of Work Experience
  7. Verification of Training Completed  Required posting
  8. Report of Violation 45.1-161.97 C
  9. Tampering With Methane Monitors or Detecting Devices, 45.10161.288
  10. Mine license  DMME/MSA mine emergency poster  Emergency air transport  General coal miner training material for surface  The following items should be discussed with the mine operator
  11. Unlawful for uncertified persons to perform certain tasks
  12. Photostatic copies of certifications
  13. Operating without a mine license
  14. Inspection frequency/risk assessment
  15. First aid material/first aid training
  16. Reporting of serious accidents, mine fires, unplanned explosions, and unintentional fall of highwall that affects equipment or personnel.

3-3

Virginia Coal Miner Certification Fee GuidelinesDoc ID: DM-M-07-05

Original: 375 words
Condensed: 371 words
Reduction: 1.1%

GEORGE P. WILLIS

DIVISIONS

DIRECTOR

ENERGY

GAS AND OIL

MINED LAND RECLAMATION

MINERAL MINING

MINERAL RESOURCES

MINES

ADMINISTRATION

CCO

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MM

MO

ON

NW

WEEA

ALLTTH

H O

OFF V

VIIRRG

GIIN

NIIA A Department of Mines, Minerals and Energy Division of Mines P.O. Drawer 900 Big Stone Gap, VA 24219-0900 (276) 523-8100 Frank A. Linkous, Chief

MEMORANDUM DM 07-05

TO:

All Underground and Surface Coal Mining Operators FROM: Frank A. Linkous

Frank A. Linkous, Division of Mines Chief

DATE: July 23, 2007

SUBJECT: Examination Fees

During the June 21, 2007, meeting of the Board of Coal Mining Examiners (BCME) a review of examination fees being collected by the Department of Mines, Minerals and Energy for the Coal Mining Examiners Fund was conducted. This review came as a result of the General Assembly amending §§ 45.1-161.31 and 45.1-161.32 of the Coal Mine Safety Laws of Virginia. Senate Bill 1091, approved April 4, 2007 and effective July 1, 2007, provides that reasonable fees in an amount set by the BCME, not to exceed $50, could be assessed to cover administering of the miner certification program.

Further, the BCME may assess a reasonable fee, not to exceed $10 each, for replacement of lost or damaged certificates.

The BCME reviewed the current direct costs associated with administering examinations and mailing of Virginia miner certificates. Also, an in-depth review was conducted regarding the current certification fees imposed by our neighboring states of Kentucky and West Virginia. Upon completion of these reviews, the Board concluded that current Virginia examination fees were not adequate to cover costs for administering the mine certificate program and were well below those fees assessed by our neighboring states for providing comparable services. Therefore, the BCME unanimously approved a restructuring of examination fees, which became effective July 1, 2007. The new certification fees currently in effect are as follows:

  • All Miner Certifications (except General Miner/Gas Detection) – $40.00
  • General Miner Certification (with Gas Detection, if required) – $20.00
  • All Replacement Certificates – $10.00

If you have any questions concerning the change in examination fees or administration of the Coal Mining Examiners Fund, please contact Mary Gibson, Regulatory Boards Administrator, at (276) 523-8234 or Mary.Gibson@dmme.virginia.gov. Thank you.

EQUAL OPPORTUNITY EMPLOYER TDD (800) 828-1120 --- Virginia Relay Center

Bond Forfeiture Reclamation ProceduresDoc ID: DMLR-P-3501

Original: 2,370 words
Condensed: 1,875 words
Reduction: 20.9%

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.5.01

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Bond Forfeiture Reclamation Section All Last Revised 11/01/12

OBJECTIVE AND INTENT:

To ensure the Division coordinates the reclamation of a bond forfeiture site in a timely manner. The reclamation operation of each bond forfeiture site must comply with all applicable standards required by the Virginia Coal Surface Mining Reclamation Regulations and the Virginia Procurement Act.

PROCEDURES:

Potential Bond Forfeiture Identification -

The Field Inspector shall immediately notify his or her Supervisor and the Reclamation Services Manager by memo of any compliance problem, which may be progressing towards bond forfeiture. The memo shall specifically describe any onsite problems of the potential bond forfeiture site, what the permittee has or has not done to comply, a summary of the enforcement action(s) issued to address the problems, inability of the permittee to comply, and whether the site may be subject to re-permitting.

The Reclamation Services Manager shall relay the information to the Reclamation Program Manager-Chief Engineer and the DMLR Director .

The Reclamation Program Manager-Chief Engineer shall review the potential bond forfeiture information and assign a Pre-Bond Forfeiture Team. The Team will be made up of the DMLR Legal Services Officer, appropriate technical and AML staff, the Field Inspector, and Supervisor. The Area Supervisor or his/her designee shall schedule a team onsite inspection within 10 working days of notification.

The team’s written evaluation report shall be electronically forwarded to the Reclamation Program Manager-Chief Engineer and Reclamation Services Manager within 5 working days from the close of the team’s onsite inspection. The report shall contain the following information and be based on the actual on-ground conditions:

  • A written technical staff evaluation of the permit’s outstanding reclamation requirements and obligations, and recommendation as to whether the DMLR should prepare the engineering plans internally or seek outside assistance should bond forfeiture actually occur. The recommendation shall consider:
  • the complexity of the potential reclamation project;
  • the available agency resources and expertise;
  • the amount of time and effort the project will demand; and,
  • whether the in-house preparation would adversely impact other DMLR services.
  • A written AML evaluation in conjunction with the technical review of the

1 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.5.01

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Bond Forfeiture Reclamation Section All Last Revised 11/01/12

preliminary reclamation cost estimate for the potential site.

After review of the team’s report, the team Engineer will make a recommendation to the Reclamation Services Manager, AML Project Coordinator, and Division Director as to how to proceed in the event of actual bond forfeiture.

Bond Collection:

After the bond forfeiture becomes final (see Procedure #3.3.09), the Reclamation Services Office Services Specialist shall forward a copy of the official bond forfeiture notification letter and the relevant Reclamation Services enforcement records to the Reclamation Program Manager-Permitting.

Non-Surety Bonds

Upon receipt of the forfeiture materials, the Reclamation Program Manager-Permitting shall immediately initiate action to collect the non-surety bonds by:

  1. Certificate of Deposit/Letter of Credit - sending a memo to the Permitting Office Services Specialist authorizing the retrieval of the certificate of deposit from the bank.

The memo shall identify the specific certificate number, the name of the bank where the certificate was purchased, the amount, the company name, and the applicable permit number.

Once the certificate of deposit is retrieved, an authorized DMME representative must sign it. Then it shall be mailed by certified mail (return receipt requested) or hand delivered to the issuing bank for payment of the face value amount. Payment should be by cashiers or certified check made payable to the “Treasurer of Virginia”.

Upon receipt of payment, the Reclamation Program Manager-Permitting shall deposit the amount into the appropriate bond forfeiture account.

The Reclamation Program Manager-Permitting shall inform the Assessments Officer of any funds collected in excess of the performance bond amount, which could be used to offset any debts the company owes the DMME. If there are DMME claims, the Reclamation Program Manager-Permitting shall work with the Assessments Officer and the Office of Fiscal Services per established procedures to see that the money is transferred to the appropriate accounts.

  1. Cash Bond - transferring the proceeds from this bond to the appropriate bond account once the period to seek administrative review of the bond forfeiture action has expired.

Surety Bonds

If a surety company provided the performance bond, the Permitting Office Services

2 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.5.01

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Bond Forfeiture Reclamation Section All Last Revised 11/01/12

Specialist shall (after bond forfeiture becomes final) prepare the collection letter demanding payment of the bond from the surety company. The letter shall be signed by the DMLR Director and sent to the surety company by certified mail (return receipt requested) or as recommended by the Assistant Attorney General. The Office Services Specialist shall forward a copy of the letter and other bond forfeiture materials to the Reclamation Program Manager-Permitting.

Should a surety company fail to submit payment to the DMLR for the surety bond within 30 days from the company’s receipt of the DMLR’s demand letter, the Reclamation Program Manager-Permitting shall send a follow up letter (by certified mail) to the company demanding payment. If the surety company fails to respond to the second payment demand within a reasonable time, the Reclamation Program Manager-Permitting shall refer the matter to the Assistant Attorney General for collection action.

Upon receipt of the bond forfeiture proceeds, the Reclamation Program Manger-Permitting shall notify the DMLR Director, Reclamation Services Manager, AML Project Coordinator, and AML Contracting Officer of the bond amount collected.

BUDGET SETUP:

The AML Contracting Officer shall establish, in coordination with the Office of Fiscal Service’s Budget Analyst, a budget for each bond forfeiture project that is based upon the bond amount collected and the estimated cost of reclamation.

  • Each project budget shall be reviewed at least quarterly to determine the budget needs during the construction process and payment for such services.
  • The budgets shall be analyzed at the end of each fiscal year or at the beginning of the fiscal year.
  • Revised budgets are to be sent to the Office of Fiscal Service’s Budget Analyst.

AVS CLEARANCE:

Any company or person who submits a bid to perform engineering or construction work under the DMLR’s reclamation programs must clear the ownership and control investigation of the Applicant Violator System.

Upon receipt of a proposal or bid to perform bond forfeiture work, the AML Contracting Officer shall cause an AVS check to be conducted per Procedure #2.2.05.

MEMORANDUM OF UNDERSTANDING:

To meet the requirements of the MOU between DMLR and DM signed September 1, 2000, DMLR will notify DM when a DMLR contractor will be performing reclamation work on a

3 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.5.01

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Bond Forfeiture Reclamation Section All Last Revised 11/01/12

bond forfeiture site, as the contractor will be required to obtain a mine license from DM and comply with the Mine Safety Act.

DEVELOPMENT OF ENGINEERING CONSTRUCTION PLANS AND

SPECIFICATIONS:

Engineering Design by DMLR Personnel:

The entire process for DMLR to complete a detailed internal engineering design will be completed soon after the bond proceeds are collected for the project.

The AML Contracting Officer and the team engineer or AML Engineer shall work together in finalizing an effective engineering plan to reclaim the bond forfeiture site.. Existing permit plans will be used as a template where possible.

The team engineer or AML Engineer shall:

  • develop pertinent engineering plans and time schedule.
  • render the final decision concerning the necessary engineering work

The draft plan and specifications shall be reviewed by the DMLR Director or Reclamation Program Manager-Chief Engineer, AML Project Coordinator, the AML Program Specialist and the field Supervisor and Inspector. Any comments/corrections regarding the plan shall be forwarded to the Team engineer or AML Engineer.

The final engineering construction plans and specifications shall be delivered to the AML Contracting Officer after the Team Engineer’s or AML Engineer’s final approval of the material.

The AML Contracting Officer shall prepare the project’s “Invitation for Bid” package.

Engineering Design - Use of External Consultants:

The Division may utilize the services of an independent engineering consultant. The AML Contracting Officer shall initiate procurement for professional services and award the contract following the procurement procedures.

The entire process from selection of the engineer to receipt of the final plans (which shall include “Invitation for Bid” package and all specifications in the engineering plan) should be completed as soon as possible after forfeiture monies are received.

The Supervisor, Inspector, AML Engineer, AML Program Specialist and Team Engineer shall review the engineering plan with the AML Contracting officer.

The AML Contracting Officer shall collect any questions or concerns the DMLR has with the plan, and forward such to the engineering consultant. The consultant shall respond to and/or clarify issues or concerns raised by the DMLR within a reasonable period until the final

4 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.5.01

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Bond Forfeiture Reclamation Section All Last Revised 11/01/12

plan is approved by the AML Engineer or Reclamation Program Manger-Chief Engineer.

After receiving the final plans from the engineering consultant or the AML Engineer/Team Engineer, the AML Contracting Officer shall initiate procurement for the actual construction work.

Inspection of Project Site:

After the contract is awarded, the assigned Inspector shall inspect the site and monitor contract compliance. The inspector will use form DMLR-AML-130S to document construction progress and inspection findings.

Upon completion of each inspection report, a PDF image is to be generated and forwarded to the inspector’s supervisor and copied to the Reclamation Services Manager by e-mail. This will ensure that all reports, including the pictures that are contained within those reports, are automatically filed in the correct system folder located at \\wdb01513\AMLProjects.

If a “Change Order” to the contract is necessary, the Inspector shall discuss the need with the appropriate Supervisor and AML Contracting Officer. In the event the change could affect the integrity of the approved plan, the AML Engineer or Team Engineer (and the engineering consultant who designed the plan) must approve the change. Revisions to the approved construction plan must be fully documented.

The assigned Inspector shall review the contractor’s request(s) for payments and shall verify that the work performed complied with the approved contract. The written verification shall include reference(s) to the inspection report(s), which documented the work and must accompany the application for payment.

The AML Contracting Officer and AML Project Coordinator shall approve and sign the “Request(s) for Payment” in accordance with Procedure # 4.1.07.

The AML Engineer or Team Engineer shall inspect the project site as may be necessary.

If the construction plans were prepared by an independent engineering consultant, the consultant shall be required to inspect the project site per the contract or as requested by the AML Contracting Officer. If the assigned Inspector feels an onsite inspection with the consultant is necessary, he/she may request the AML Contracting Officer coordinate such inspection.

The Inspector, AML Program Specialist, Supervisor and Team Engineer or AML Engineer must conduct a final inspection of the AML contractor’s reclamation work (documented on form DMLR-AML-130S) before the contractor can be released from the contract.

PROJECT CLOSE OUT:

5 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.5.01

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Bond Forfeiture Reclamation Section All Last Revised 11/01/12

Upon close out of the Reclamation Contract, the inspector will continue to inspect the site using form DMLR-ENF-044S. When construction at the site has been completed, the site will be considered inactive and will be inspected at least once per quarter. One year after vegetation has been established, the assigned Inspector will evaluate vegetative success at the site. If the site has a sufficient vegetative cover, the project may be closed by coding the final inspection report NI/FI (not inspectable/final inspection) using form DMLR-ENF-044S. A copy of the assigned Inspector’s closeout report shall be forwarded to the AML Contracting Officer. Included in the report will be a statement whether or not a barrier stability evaluation (if applicable) has been completed.

Once construction activities have been completed, DMLR will not assume responsibility for third party disturbances at the site (i.e., grazing for pasture, housing construction, logging, etc.). DMLR will close out the project once these third party activities begin.

In closing the project, the AML Contracting Officer shall:

  • Send a notification letter to the following explaining the DMLR’s intent to close out the reclamation project and administrative record -
  1. Permittee or operator.
  2. Surety Company, if applicable.
  3. Landowners of the project area.

Disposition of Residual Bond -

The AML Contracting Officer will notify the Office of Fiscal Services’ Accounting Manager (with copy to the Assessments Officer):

  1. that the project has been completed;
  2. the bond forfeiture file closed; and,
  3. the amount of any residual bond money from the project.

Upon receipt of the notice, the Assessments Officer shall determine whether the permittee has an outstanding civil penalty debt, which may cause the residual bond to be subject to claim under the set-off debt collection procedure.

If advised by the Assessments Officer that the permittee has no civil penalty debt, the Accounting Manager shall return the residual moneys to the person/entity who supplied the bond.

Any residual bond moneys from a surety bond shall be returned to the surety.

Upon notice from the Assessments Officer that a civil penalty debt exists, the Accounting Manager shall transfer the residual moneys (of the cash, letter of credit, or certificate of deposit performance bond) to the civil penalty escrow fund. The Assessments Officer will notify the company of the agency’s claim per the Virginia Set-Off Debt Collection Act, and shall maintain documentation concerning the agency’s claim and subsequent actions thereof.

6 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.5.01

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Bond Forfeiture Reclamation Section All Last Revised 11/01/12

COMPLAINT INVESTIGATION:

Complaints concerning the bond forfeiture construction activities shall be investigated in accordance with Procedure 3.1.06 using form DMLR-ENF-032S. If a complaint occurs after the bond forfeiture site is released by the Division, the inspector will note in the complaint investigation report (DMLR-ENF-032S) that any problems found during the investigation will be coded as eligible for post act funding.

7

Mine Risk Assessment and Inspection PrioritizationDoc ID: DM-P-10406

Original: 640 words
Condensed: 499 words
Reduction: 22.0%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.06

ISSUE DATE: January 1, 1997 SUBJECT: Risk Assessment

LAST REVISED: 10/03

OBJECTIVE AND INTENT

To schedule and focus DM inspection activities and other resources to those mines identified as having the highest risk in order to improve health and safety performance.

PROCEDURE

  1. Risk Assessment will be established for all mines based on this procedure developed with the assistance of the Industry Advisory Committee for application by the Division of Mines in accordance with Section 45.1-161.81 and 45.1-161.82 of the Mine Safety Act.

 Separate underground and surface coal mines into groups. Using data collected during the previous year, assess risk in the following five categories for each mine:

a. Serious Injuries - based on number of investigated serious injuries at a mine/inspection hours b. Violation Rate - number of violations/ inspection hours c. Failure to Abate/Imminent Danger - number of CO’s/inspection hours d. NFDL Rate - based on MSHA data e. RG/SI Rate - mine evaluation based on inspector review

 Underground mines will be ranked each six months; Jan. 1 and on July 1 (using previous year’s data).

 Surface mines will be ranked on July 1 for yearly ranking.

  1. Determine a mine’s score in each of the categories shown above, using the methodology shown below.

 Determine the rate for each mine (for example, serious injury rate): a. Determine from computer data the number of serious injuries investigated at a mine. A mine that had no serious injuries for the evaluation period (0’s) will be included in the calculation of the state average.

1-3 b. Divide the findings of step (a) by the number of inspection hours the mine received. The result is the mine’s serious injury rate.

 Determine the average serious injury rate for the state by adding all of the mines’ serious injury rates together, then divide by the total number of mines to get the average serious injury rate for the state.

a. Increase the state average by 10% for the high-risk grouping. b. Decrease the state average by 10% for the lowest risk grouping. c. Lowest risk group gets 0 points d. Middle group gets 1 point e. High risk group gets 2 points

  1. Add up the score for each of the categories to determine the mine’s total score. With five categories a possible 10 points could be reached.
  1. Rank the mines according to their overall score.
  1. The type and frequency of inspection received by a mine will be determined by its overall score, in conjunction with the table shown below:

Underground Coal Mines

Overall Score Type/Frequency of Inspections

0 - 1

1 regular inspection

per 6 months

2 - 4

1 regular and 1 spot inspection

per 6 months

5-10

2 regular inspections

per 6 months

Fatality

4 regular inspections

per year

New Mine

4 regular inspections

per year

Surface Coal Mines

Overall Score Type/Frequency of Inspections

0 - 1

1 regular inspection

per year

2 - 4

1 regular and 1 spot inspection

per year

5-10

1 regular and 2 spot inspections

per year

Fatality

2 regular inspections

per year

New Mine

4 regular inspections

per year

2-3

6. USE OF RISK ASSESSMENT FORMS

 Along with the statistical data that will be tracked by the computer, DM inspectors will use a “Risk Assessment Form” tailored for either surface or underground coal mines. This form will allow the inspector to rate the mine in such areas as roof conditions, ventilation, etc. Use of this form will allow the inspector to assess the risk potential of these areas before a data collection event (such as a serious injury or CO) occurs.

 During the course of regular inspections, the inspector will review a summary of the most current risk assessment status for each mine with the operator or his agent.

3-3

Mine Land Reclamation Entry ProceduresDoc ID: DMLR-P-4102

Original: 2,857 words
Condensed: 2,566 words
Reduction: 10.2%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.02

PROCEDURES MANUAL ISSUE DATE June 1, 2005 SUBJECT Realty Procedures Section Reclamation Service Last Revised 5/28/98

OBJECTIVE AND INTENT :

To provide guidance and direction to the DMLR field staff in obtaining legal right of entry onto public and private property for the purpose of reclaiming abandoned mine lands. To address the electronic scanning and filing of documents and inspection reports under this procedure.

GENERAL:

§45.1-263.A of the Code of Virginia requires that the Director take all reasonable actions to obtain written consent from the owners of record prior to performing an inspection or conducting studies of an area which may be eligible for reclamation under the Abandoned Mine Reclamation Fund.

§4 VAC 25-130-877.11 of the Virginia Coal Surface Mining Reclamation Regulations states that written consent from the owner and lessee to the Division is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the Commonwealth’s police powers would be undertaken only after reasonable efforts were taken to obtain written consent (see §4 VAC 25-130-877.13).

If an owner does not give the Division right of entry permission, the Director may exercise the agency’s police powers under §§45.1-263.B.4 and 45.1-263.C to eliminate, control, or prevent the adverse effects that may be present from the abandoned mine land. The Division would proceed with legal access after posting the property as required by §4 VAC 25-130-877.13(c) of the regulations.

In determining the owner of an abandoned mine land site, the DMLR field staff may use the description found in county land records, tax maps, or abstracts of title. DMLR is not required to employ the metes and bounds method in determining property ownership.

The applicable AML forms and notices are: (Note: The forms used by the Division to obtain written right of entry consent must be approved by the Office of Surface Mining.)

Consent for Right of Entry - Exploratory (DMLR-AML-122) - Obtained from current property owners for the initiation of engineering or design studies, or for those who are unwilling to sign a Construction Consent for Right of Entry before project designs are finalized.

Consent for Right of Entry - Ingress / Egress (DMLR-AML-177) - Obtained from property owners whose property will be used only for access to areas for engineering or construction purposes. Also included are areas on which incidental construction must be performed (such as access roads).

Consent for Right of Entry - Construction (DMLR-AML-123) - Obtained from property owners:

  • whose property will be used for borrow or disposal of materials, incidental to reclamation;
  • prior to reclamation activities, when the property is exempt from a lien. (This also includes municipalities and governmental agencies.)
  • prior to reclamation activities when the property is not exempted from a lien or when no lien waiver has been executed. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.02

PROCEDURES MANUAL ISSUE DATE June 1, 2005 SUBJECT Realty Procedures Section Reclamation Service Last Revised 5/28/98

  • prior to reclamation activities after a lien waiver has been executed.

Public Notice of Intent to Enter (DMLR-AML-301) - Used when consent for right of entry is not obtainable, due to the property owner’s refusal, unknown ownership, undivided heirships, landowners under the age of 18, or other extenuating circumstances. These notices are non-consensual police power actions and must be executed by the Division Director. The notices must be:

a) sent by certified mail (return receipt requested) to the property owner(s); b) may be posted on the property; and/or c) may be published in a newspaper of local circulation.

The Division may use all 3 methods, depending upon which action(s) provide the most effective notice to the property owners involved. Entry by DMLR, or its agents, may be made no sooner than 30 days after the property owner’s receipt or refusal of notice, or the posting/publishing of the notice. (No waiting period is required for emergency sites.)

These are the different types of posted notice -

  1. Adverse Posting - necessary when a property owner or entity will not sign a standard consent for right of entry or is not in favor of any work being performed on his or her property to eliminate the AML hazard(s) which would protect the public health and safety. This notice should be mailed to the property owner by certified mail and posted on the property in one or more highly visible locations.
  1. Friendly Posting - the property owner or entity is not willing to sign the standard consent for right of entry for liability or other concerns (i.e., lien or title issues such as an heirship), but has no objection to the proposed reclamation work being performed. This notice should be sent by certified mail to the property owner(s) and posted on the property in one or more highly visible locations.
  1. Omnibus Posting - used when the property owner is unknown, either through undivided heirships (numerous heirs), right of ways, easements, unrecorded leases, etc. This notice will be published in a newspaper of local circulation and posted on the project site in one or more highly visible locations. Normally, this notice is executed prior to the start of any exploratory drilling, construction, or other reclamation activity.

Landowner Contact (DMLR-AML-302) - Contains information about a property and its owner(s), including names, addresses, telephone numbers, property sketch, deed and tax information, possible lien issues (including documentation of landowner participation or non-participation in the mining), and records of all contacts with the property owner(s). A separate form should be completed for each property owner.

Realty Completion Memorandum (DMLR-AML-303) - Used to notify Division staff that all realty activities for a project have been completed and includes a “Property Owner List”, including any special conditions or features relative to the work on the property. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.02

PROCEDURES MANUAL ISSUE DATE June 1, 2005 SUBJECT Realty Procedures Section Reclamation Service Last Revised 5/28/98 Notice of Lien (DMLR-AML-304) - As provided by §4 VAC 25-130-882.13 of the regulations, a lien may be placed upon a property for the amount of significant increase in the appraised fair market value of the land resulting from the AML reclamation.

Realty Analysis (DMLR-AML-311) - Used to determine (1) if reclamation will primarily benefit the health, safety, and environmental values of the greater community; (2) if the reclamation is necessitated by an unforeseen occurrence; and (3) that no significant increase in property value will result from the reclamation.

Lien Waiver (DMLR-AML-305) - May be executed by the Division Director after obtaining a notarized real estate appraisal indicating no significant increase in property’s fair market value due to AML reclamation, or the reclamation primarily benefited the local community. The waiver is recommended by the Inspector, concurred by the Area Supervisor and Reclamation Program Manager, and approved by the Division Director. (Note: §4 VAC 25-130-882.13(a)(1-4) of the regulations)

PROCEDURES:

Project Site Identification

Entry onto public or private real estate for abandoned mine land reclamation may commence after the Division receives project approval from the Office of Surface Mining. The boundaries and features of the project site will be determined using the scope of work developed by the Project Inspector. Generally, the Inspector initiating the project will perform the realty activities.

Determining Property Owners and Interest

The Inspector will obtain preliminary identification of the affected properties. The Inspector will contact residents in the project area, recording the relevant information on the Landowner Contact form

(DMLR-AML-302).

Besides obtaining property interest information from the residents, the Inspector should also contact landholding companies, mining companies, utilities, engineers, and local, state, and federal government offices.

The Inspector will visit the appropriate County/City Commissioner of Revenue office to obtain copies of tax maps and indices for the project area. (Note: Tax maps are useful tools in identifying possible property interests; however, they may not be entirely accurate or complete.)

The Inspector and Area Supervisor will determine, based upon the available property information, whether there is a need for external title search services. External title search services may be used when the property is subject to a title dispute, a lien process under §45.1-264 is likely, or when the project encompasses numerous properties.

In the event the Inspector and Area Supervisor determine that external title search services for current owner(s) of record are required, the initial information collected and a Request for Title Search Services (DMLR-AML-306) will be forwarded to the Reclamation Program Manager. The Contract Coordinator, working with the Reclamation Program Manager, will secure title search services, as needed. 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.02

PROCEDURES MANUAL ISSUE DATE June 1, 2005 SUBJECT Realty Procedures Section Reclamation Service Last Revised 5/28/98 In the instances where DMLR decides to conduct an internal title search, the Inspector will visit the County/City Circuit Court Clerk’s office to ascertain title of each real estate interest which will or could be involved in the project. This involves searching title records for each property interest, whether the interest is fee simple, surface, mineral, leasehold or some other legal interest.

The Inspector should note that almost all ownership interests are recorded in the “Grantee” index of the Circuit Court Clerk’s office, although some are not (e.g., such as leases, wills, or rental agreements).

The Inspector should compare the information obtained from the owner and the tax records with that of the Clerk’s records. If the information is consistent, the “Grantor” index must be searched to determine if the property interest has been conveyed to another, whether partially or entirely.

Lease and easements should be searched when such may be affected by the project work. When a deed review indicates a potential problem with title, the Inspector, Area Supervisor, and Reclamation Program Manager need to review the information and agree on a proper course of action.

The Inspector will obtain a copy of the relevant deed, will, or other pertinent documentation for the current owner of record for inclusion in the project files. (Copies should be reduced to letter size.)

The Inspector shall also review the Circuit Court Clerk’s “Land Book” ledger (by magisterial district) to obtain addresses for property owners. From this and the other records obtained, the Inspector will prepare a Property Owner List (DMLR-AML-307).

Lien Process

The Inspector must review the property interest information and prepare the Lien Determination form (DMLR-AML-308). The Inspector must consider and provide documentation of the owner’s participation in mining at the project site, as well as when he/she acquired the property. This information must be documented on the Landowner Contact form (DMLR-AML-302).

If a property is subject to a lien, the Inspector will evaluate the property to determine if the lien waiver provisions are applicable. If appropriate, the Inspector will prepare the Realty Analysis form (DMLR-AML-311) (this will eliminate unnecessary appraisals), and subsequently, the Lien Waiver form (DMLR-AML-305). If the lien waiver provisions are not applicable, the Inspector shall prepare the Estates To Be Appraised form (DMLR-AML-309), and shall forward it to the Area Supervisor.

The Area Supervisor will review the form and forward it to the Reclamation Program Manager, who will work with the Contract Coordinator to procure the services of an approved appraisal contractor.

The Inspector will perform the site showing with the appraisal contractor for each property subject to a lien.

Once the appraisal contractor submits the property appraisal(s), the Inspector will review each appraisal for form and completeness, and shall forward a completed Review of Appraisal Report form (DMLR-AML-310) to the Area Supervisor and Reclamation Program Manager. The Inspector shall prepare the appropriate lien waivers (DMLR-AML-305), if applicable, based upon the appraisal, the realty analysis, and/or the costs of filing the lien exceeds the increase in the fair market value. 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.02

PROCEDURES MANUAL ISSUE DATE June 1, 2005 SUBJECT Realty Procedures Section Reclamation Service Last Revised 5/28/98 In the event of a significant property value increase, a lien will be filed in accordance with §45.1-264 and §4 VAC 25-130-882.13. The agency has determined that a significant increase in fair market value would be a differential of $5,000.

The Reclamation Program Manager shall receive, forward, and track all documentation pertaining to appraisals.

Consents for Entry

The Inspector will obtain the appropriate right of entry in accordance with the information collected from landowner interviews, legal records, the proposed reclamation, and lien determinations.

The Inspector will ensure the Landowner Contact form(s) (DMLR-AML-302) and correspondence concerning the project are updated through the life of the project (in order to maintain a chronological record of owner information and concerns), and made a part of the project’s permanent record.

The Inspector will make reasonable attempts to contact all property owners - either in person, by telephone, or by certified mail. The Inspector shall retain the consents for entry until such time as the Public Notice of Intent to Enter (DMLR-AML-301) is prepared (prior to initiation of construction activities). The Inspector shall forward the consents to the Area Supervisor, who will sign and forward to the Reclamation Program Manager for placement of the documents in the project file. Executed copies of the consents for right of entry will be provided to the property owner(s).

The Public Notice of Intent to Enter (DMLR-AML-301) will be forwarded to the Reclamation Program Manager, who will obtain the Division Director’s signature on the notice and ensure it is published. The Inspector will receive copies of the signed Notice, and will post such on the project site (in one or more places conspicuous to the public view) and take a photograph to document the posting.

Surface Owners -

  • Consent for Right of Entry - Construction (DMLR-AML-123) will be obtained from all owners who will be directly affected by the abandoned mine land reclamation activities.
  • Consent for Right of Entry - Exploratory (DMLR-AML-122) will be obtained when owners are not willing to sign the Consent for Right of Entry - Construction prior to the planning process.
  • Consent for Right of Entry - Ingress/Egress (DMLR-AML-177) will be obtained in those situations where a property is needed to access properties for reclamation of AML features. (Property used for access only is not lienable and will not be posted, unless no other access is feasible.)

Mineral Owners -

  • Consent for Right of Entry - Construction (DMLR-AML-123) will be obtained from mineral owners only if it is determined that the mineral estate is being affected, or as determined necessary to complete the project objectives. 5

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.02

PROCEDURES MANUAL ISSUE DATE June 1, 2005 SUBJECT Realty Procedures Section Reclamation Service Last Revised 5/28/98

REALTY FILES

All information relating to a project’s realty functions will be incorporated into a “realty file”, including a Realty Completion Memorandum form (DMLR-AML-303). This realty file will be forwarded to the Area Supervisor and Reclamation Program Manager for review and approval. Once approved, the Reclamation Program Manager will incorporate this file with the project file. With the exception of emergency projects, the realty file must be complete before commencement of construction activities. The Reclamation Program Manager shall assist the Area Supervisor, as requested, with the handling and filing of all real estate documentation.

The following items must be included in the project’s realty file, where applicable:

  • Project description, eligibility statement, and map.
  • Consents for right of entry, including notices of intent to enter.
  • Landowner contact forms (including documentation participation/non-participation in mining).
  • Property owner list.
  • County tax maps and indexes; property map.
  • Deeds, wills, leases, or easements. (abstracts)
  • Completion memorandum.
  • Realty Analysis form
  • Lien waiver form.
  • Lien determination form.
  • Notice of lien, when applicable.
  • Estates to be appraised form.
  • Appraisal documents, including the review of appraisal report form.
  • Documentation and request for title search services, as necessary.
  • All correspondence related to the realty activities.
  • Any additional consents for right of entry, including documentation.

SCANNING and FILING OF DOCUMENTS:

For an accurate and consistent electronic filing system, the realty forms, inspection reports, photographs, or any document(s) pertaining to a particular project should be placed on the DMLR1 server located in the AML\AML Projects file folder.

Each AML project has a subfolder under the grant year in which the project was selected. This subfolder by project name will have subfolders listed as File, Photographs, and Realty. All documents for a particular project should be filed in one of the three subfolders.

All the realty forms for an AML Project, after being signed by the appropriate persons, will be scanned by the appropriate Big Stone Gap Office Service Specialist and filed in the Realty subfolder. 6

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.02

PROCEDURES MANUAL ISSUE DATE June 1, 2005

SUBJECT Realty Procedures Section Reclamation Service Last Revised 5/28/98 Inspection Reports:

Project inspection reports should be prepared and submitted at a frequency determined by the Supervisor. However, an inspection report shall be completed at a minimum of one per month. The report may document more than one inspection date.

The inspection report will be filed by the Inspector in the “Inspection” folder. (The sub-folder will have to be created by the inspector) within the File subfolder. A copy of each inspection report should be forwarded to the Area Supervisor. 7

Ground Control Plan Inspection ProceduresDoc ID: DMLR-P-2311

Original: 1,522 words
Condensed: 1,253 words
Reduction: 17.7%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.11

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Ground Control Plan Section Technical/Permitting/Enforcement DM/DMLR Joint Inspections of Red Zones Last Revised 9/27/05 OBJECTIVE AND INTENT: To ensure each ground control plan required under Section 45.1-161.287 of the Code of Virginia is reviewed and approved to ensure the safety of persons in residences below active coal surface mines, including roadways and in other areas of the operation where persons congregate, work, or travel. The plan must address how residents or occupants of buildings located down the slope from active workings will be notified when ground disturbing activities will take place above them and what protective actions will be taken to ensure their safety. The Division of Mines (DM) and DMLR will jointly review each ground control plan (GCP).

To provide guidance to DMLR and DM in the joint inspection of “active” red zone areas1.

PROCEDURES: Ground Control Plans As several DM mine licenses may have been issued under one DMLR permit, the company must submit a plan that addresses each operation on the permit. The ground control plan for auger operations may be included in the plan for the permit’s surface operations. The permittee does not have to submit a separate ground control plan to each division. Each plan should be addressed to the Chief of DM and the Acting Division Director of DMLR. DM and DMLR will jointly review the ground control plans.

Assigned inspectors from each division, as well as designated technical personnel, will evaluate the ground control plan for each permit. The Technical Services Manager shall assign the appropriate DMLR personnel to review the plans with DM. The DM Chief will inform the DMLR of approval of the ground control plan.

It should be noted that even though a DMLR permit application may be approved, it might be some period of time before land disturbing operations actually commence. Prior to any ground disturbing activities, the company must obtain a DM license and approval of the ground control plan.

DMLR personnel should reference the Guidance Memorandum #11-05, which provides a generic ground control plan developed by the DM and the DMLR for surface mine operations. The DMLR Inspector should note –

  • That surface mine permittees may choose to pattern their own plans after the generic plan or submit one of their own design.
  • Any plan submitted must address each requirement detailed in the generic ground control plan, in particular those pertaining to working in red zones. 1 “Active” red zones are defined as areas where mining activities are being conducted or will be conducted in the immediate future that may present a potential threat or hazard to the public safety. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.11

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Ground Control Plan Section Technical/Permitting/Enforcement DM/DMLR Joint Inspections of Red Zones Last Revised 9/27/05

  • Red zones, integral parts of the ground control plan, must be shown on the surface mine map (in dwg format to facilitate review) that the permittee submits with the ground control plan.

The updated map must meet the requirements of Section 45.1-161.64 of the Coal Mine Safety Laws of Virginia, as amended. The permittee should make his own determination of the location of the red zones; however, DM and DMLR will jointly evaluate the plan and red zone designations for adequacy.

Review of Plan –

After DM receives a ground control plan, the plan documents will be placed in a folder on a server located in the Big Stone Gap or Keen Mountain office (\\bsg4\dm\Plans\Ground_Control_Plans or \\kmo1\dm\Plans\Ground_Control_Plans). The DMLR Review Facilitator will be notified of the plan receipt. The DMLR Review Facilitator will distribute the plan to the appropriate DMLR staff.

Upon receipt of the plan, the DMLR Review Facilitator shall assign the review to an engineer and notify the engineering reviewer and the appropriate DMLR field inspector that the plan has been received and is ready for review.

After the engineering reviewer and field inspector have reviewed the ground control plan, they will submit any comments or concerns regarding the plan to the GCP Review Inspector.

The GCP Review Inspector will forward the DMLR comments/concerns to the DM Specialist and will be the contact person for DMLR in coordinating any meetings with the DM Specialist and DMLR reviewers to achieve concurrence of the joint reviews.

DM will notify the company of the joint DMLR/DM review findings and whether revisions are needed or deficiencies are present. Should the plan be acceptable as submitted, DM will draft an approval letter to be signed by the DM Chief and Division Director for DMLR. In the event the company must provide additional information, the resubmitted plan (with corrections) would go through the same review process identified above.

Once the approval letter is signed, a copy will be forwarded to the Review Facilitator, who will ensure a copy is sent electronically to the appropriate DMLR personnel.

Approved plans will be housed under an “Approved Ground Control Plans” folder on a server located in the Big Stone Gap or Keen Mountain office (\\bsg4\dm\Plans\GroundControlPlans-APPROVED or \\kmo1\dm\plans\GroundControlPlans-APPROVED ). DM Mine Safety Engineer and DMLR Administrative Program Specialist will maintain a spreadsheet, which correlates DM license numbers and DMLR permit numbers.

DM/DMLR Joint Inspections of Active Red Zone Areas 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.11

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Ground Control Plan Section Technical/Permitting/Enforcement DM/DMLR Joint Inspections of Red Zones Last Revised 9/27/05 Once approved, the ground control plan(s) will become part of the DMLR permit and will be enforceable. DMLR enforcement personnel will coordinate inspections regarding the ground control plan with DM. DMLR inspections of the red zone area(s) will be conducted at least monthly (partial or complete).

Joint inspections by DM and DMLR will be conducted at least quarterly of the active red zone area(s). The DM and DMLR inspectors will coordinate with one another in scheduling the inspection.

DM’s inspection of the other surface mining activities addressed in the approved ground control plan, would not require the DMLR Inspector’s participation.

The inspection will -

  • Begin with a joint review of the approved ground control plan and the mine map identifying the “active” red zones with the Surface Foreman of the mining operation, whose understanding of the plan will be evaluated.
  • Evaluate the work conducted and being planned in “active” red zones for compliance with the approved plan.
  • Include DMLR’s determination that accurate and proper notifications have been given/sent to persons in the red zone area(s), as well as confirming delivery to such persons.

Issuance of Enforcement Actions -

During joint inspections, if the inspectors determine that the ground control plan needs to be revised, a revision order notice may be issued under Sections 4 VAC 25-130-774.11(b) and 4 VAC 25-130-774.13. In the event the inspectors find that a violation has occurred within a red zone that affects or could potentially affect -

  • the public located contiguous to the permit area, the DMLR Inspector will issue appropriate enforcement action under Part 4 VAC 25-130-843 of the Virginia Coal Surface Mining Reclamation Regulations (citing 4 VAC 25-130-773.17).
  • the health and safety of persons on the licensed and permitted mine site, the DM Inspector will issue appropriate enforcement action under the Mine Safety Act to the licensed mine operator.

Any failures to comply with the approved ground control plan in active red zone areas will be discussed with the appropriate company personnel following the joint DMLR/DM inspection. In the event of a difference of interpretation or opinion of appropriate enforcement action, the supervisors of the inspectors will be contacted for assistance in achieving a prompt resolution. Note: Any differences in interpretation and application of standards and compliance activities that occur between DM and DMLR Inspectors shall be discussed and resolved by the DMME personnel, without the presence or direct involvement of the operator, public, or other interested parties.

In a situation where the company fails to comply with any enforcement action written during a joint inspection, the inspectors with assistance from their respective supervisors shall issue appropriate 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.11

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Ground Control Plan Section Technical/Permitting/Enforcement DM/DMLR Joint Inspections of Red Zones Last Revised 9/27/05 action to achieve immediate compliance. This may include closure/cessation orders for the affected area of the mine.

The DM and DMLR Inspectors will document the findings, compliance actions, and any follow-up corrective actions taken regarding the red zones and ground control plan via the inspection report narrative (sending a copy of each report to each other).

DMLR GCP Inspection Report – Codes and Heading

The DMLR Inspector will use the following codes and headings for the inspection reports and DMLR laptop system –

  • Joint inspections of “active” red zone areas will be coded as “DM-JointInsptn/DM”.
  • Other inspections that address red zone areas issues will be coded as “GC-GroundCntrlInsptn”.
  • Prior to the “COMMENTS” section, the inspector shall add a heading titled “GROUND CONTROL” and then enter all comments/observations with regard to the red zone area(s) inspection and the company’s compliance with the ground control plan. 4

Guidelines for Mine Ventilation and Safety InspectionsDoc ID: DM-G-161210

Original: 124 words
Condensed: 100 words
Reduction: 19.4%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 14

VENTILATION, MINE GASES, AND OTHER HAZARDOUS CONDITIONS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.210. J.

Weekly Examinations

Surface Areas of an Underground Mine

There are no weekly examinations mandated by 45.1-161.256 for surface coal mines.

Therefore, there are no specific requirements for weekly examinations of the surface areas of an underground mine.

However, electrical equipment and wiring, which must be inspected at least monthly, may be inspected on a weekly schedule if necessary.

Those weekly examinations required for underground standards, which involved surface locations (such as surface openings, seals, fan installation, etc.), will be considered part of the underground weekly examination activity.

Invoice Processing Procedures for Mined Land ReclamationDoc ID: DMLR-P-40107

Original: 809 words
Condensed: 508 words
Reduction: 37.2%

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 4.1.07 PROCEDURES MANUAL ISSUE DATE 01/02/2013 SUBJECT Section Invoice Processing All Last Revised --------------------

OBJECTIVE AND INTENT:

To ensure the Division coordinates the processing and payment of incoming invoices in a timely manner. Prompt payment requirements are mandated in the Code of Virginia. This procedure will assure compliance with all applicable standards required by the Code of Virginia and the Virginia Procurement Act.

PROCEDURES:

  • AML Office Services Specialist and Reclamation Services Area Supervisors will maintain a spreadsheet containing project names, contract numbers, inspector and backup, area supervisor, staff engineer, assigned contract coordinator, and any contacts for special projects. Special projects will be designated by a special color scheme. This will be readily available on the agency intranet for all personnel involved in the invoice process.
  • All DMME construction contractors will be directed to submit all invoices (applications for payment) to the Office of Financial Services (OFS) in the Big Stone Gap office.

The Accounting Manager (AM) is the OFS lead, but either of the Fiscal Technicians (FT) can also serve as acceptors in the absence of the AM. Acceptors shall date stamp the invoices upon arrival in OFS. Each construction invoice shall be entered into the OFS invoice log on the date of its acceptance. DMME acceptance of the invoice initiates the 30 day prompt payment clock as the invoice now becomes property of the Commonwealth.

  • The designated OFS staff shall deliver a copy of the invoice to the AML Offices Services Specialist (OSS) along with all original supporting documentation that will be placed into the AML invoice files. OFS shall retain the original invoice. The AML OSS will scan the invoice and distribute (email) the PDF file to the project inspector, and copy the appropriate Area Supervisor, Reclamation Services OSS, AML Projects Coordinator, Reclamation Services Manager, contract coordinators in the Office of General Services (OGS) , and OFS. Invoice attachments such as seed tags and stone tickets are to be scanned and distributed to the project Inspector. In the event of any absence of the AML OSS, OFS personnel will scan and distribute the PDF file as noted above. (This will give OFS the identity of the individuals they would need to follow upDIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 4.1.07 PROCEDURES MANUAL ISSUE DATE 01/02/2013 SUBJECT Section Invoice Processing All Last Revised --------------------

with should there be a delay in the approval process. To the extent possible, emails should be sent using methods to minimize file sizes (large file transfer). Upon receipt of the OFS email, the Area Supervisor shall be expecting an approval/denial email from the Inspector within a reasonable timeframe (no later than 5 days after receipt of OFS email).

  • The project Inspector is to review the invoice and send an email to the Area Supervisor with an approval recommendation within five working days of receiving the AML OSS email. The project inspector will also communicate through an e-mail from the inspector to the contractor and OFS, any errors found during their review. This e-mail will provide an official record as to the error and the reason to reset the 30 day period. An inspection report is to be attached to the inspector’s approval recommendation email.

The Area Supervisor also reviews the invoice and forwards the Inspector’s email approval with his added approval to the AML Projects Coordinator. The Projects Coordinator will review and approve the invoice for payment, and then forward the approval email chain to the OFS AM, the AML OSS, and to contract coordinators in OGS. This process shall be completed within 10 working days to allow OFS to meet the 30 day prompt payment requirement.

  • Upon receiving an email from the Projects Coordinator approving the payment, OFS will process the payment.
  • For a design contract invoice, the consultant is to follow the process as identified above.

However, the invoice’s PDF file is to be sent to the appropriate AML staff engineer, while copying the AML Projects Coordinator, OFS, and OGS. Within five days, the staff engineer reviews and sends the Coordinator a recommendation for approval.

Additional Information:

The process for invoices does not alter the process for final inspections. OGS personnel will continue to review and sign final inspection reports to close out the project. If errors are found in the invoice, the reviewing individual is to immediately notify OFS. This resets the 30 day period. The project inspector will also communicate through an e-mail from the inspector to the contractor and OFS, any errors found during their review. This e-mail will provide an official record as to the error and the reason to reset the 30 day period. Water supply replacement projects will follow the procedure for routine AML construction projects. The AML OSS will not have to acquire OFS signatures to confirm the delivery of approved AML Construction Application for Payments (invoices).

Bond Forfeiture Procedures for Mined Land ReclamationDoc ID: DMLR-P-3309

Original: 1,044 words
Condensed: 911 words
Reduction: 12.7%

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.3.09 PROCEDURES MANUAL ISSUE DATE 04/10/15 Section Reclamation Services & SUBJECT Performance Bond Forfeiture Permitting Last Revised 2/11/02

OBJECTIVE AND INTENT:

To ensure the Reclamation Services Section properly identifies grounds for and provides an orderly process to initiate and complete bond forfeiture action against a permit.

PROCEDURES:

Identifying Grounds For Bond Forfeiture - A permit is subject to bond forfeiture if the permittee (4 VAC 25-130-800.50) -

  • fails to abate expired NOVs or COs.
  • fails to comply with the Terms of Issuance of the permit.
  • defaults on the conditions under which the bond was accepted.
  • fails to comply with Director’s orders to reclaim the permit site as a result of permit revocation.

If the permittee fails to abate expired NOVs or COs, the Field Inspector shall initiate Show Cause Order proceedings within 5 days of the Notice/Order’s expiration date (see Procedure #3.3.10).

Recommending Bond Forfeiture -

If any of the above situations exist, the Inspector shall prepare a written fact sheet outlining the permit’s history of violations - in concise chronological order (most recent date first, with only those violations pertinent to the bond forfeiture request included).

The Inspector shall:

  • concurrently inform the permittee that bond forfeiture proceedings are being initiated. This should occur during an onsite meeting or telephone conversation between the permittee and Inspector. If the permittee is not available, the action should be explained in the inspection report narrative (DMLR-ENF-044). The Inspector shall document in the inspection report as to when the permittee was informed of this action.
  • submit a “fact sheet” with his or her recommendation to proceed with bond forfeiture to the Area Supervisor. The Inspector shall retain a copy of the fact sheet and recommendation for future reference.

The Supervisor shall:

  • ensure that the bond forfeiture request file is complete and accurate.
  • based upon a review of the Inspector’s supporting rationale, submit a recommendation and the Inspector’s background information to the Reclamation Services Manager. The recommendation shall either concur or disagree with the Inspector’s bond forfeiture request. include with the recommendation, the number of people employed at this permit

The Reclamation Program Manager – Permitting:

  • shall supply a list of any other permits in Virginia owned or under the control of the permittee/operator

1 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.3.09 PROCEDURES MANUAL ISSUE DATE 04/10/15 Section Reclamation Services & SUBJECT Performance Bond Forfeiture Permitting Last Revised 2/11/02

The Reclamation Services Manager shall review the material to proceed with the bond forfeiture. If the proposed bond forfeiture does not occur, the reasons for not pursuing the bond forfeiture must be documented in writing and included in the permit’s file.

Inadequate Bond Coverage -

If the Reclamation Program Manager determines that the permittee is without adequate bond coverage for a particular permit per 4 VAC 25-130-800.15(a) or 4 VAC 25-130-800.16(e)(2), he shall notify the permittee by letter (sent certified mail or electronically if the permittee agreed to such electronic service) of the deficiency and provide the permittee a reasonable period, not to exceed 60 days, to replace or increase the permit’s bond.

Should the permittee fail to timely submit the required bond for the permit, the Reclamation Program Manager shall immediately notify the Field Inspector. The Inspector shall issue a two-part NOV instructing the permittee to:

Interim Step # 1 - replace the performance bond (or submit the required additional bond amount). The set abatement date shall not exceed 90 days from the date the Reclamation Program Manager sent the initial notice.

Interim Step # 2 - immediately cease coal extraction and initiate reclamation in accordance with the approved reclamation plans (4 VAC 25-130-800.16(e)(2)).

If the permittee fails to cease coal extraction operations or submit the necessary bond coverage by the set abatement dates, the Inspector shall issue a failure to abate CO and proceed with bond forfeiture as set forth on page 1 of 3, and/or pursue a Show Cause Order under Procedure #3.3.10.

Approval of Bond Forfeiture -

If the Reclamation Services Manager concurs with the recommendation, he shall sign the BOND FORFEITURE LETTER prepared by the Reclamation Office Services Specialist. The letter shall notify the permittee (and surety if applicable) and any lien holders of the pending bond forfeiture action, the reasons for the forfeiture action, the applicable bond amount(s), and the measures it (they) may take to avoid forfeiture. The letter shall be sent by certified mail, return receipt requested.

Should the permittee (or surety) fail to submit an acceptable plan or proposal to avoid bond forfeiture to the Division within 15 days from the receipt of the letter, the Division Director shall sign the final notice of bond forfeiture letter. The Reclamation Office Services Specialist shall send the letter by certified mail to the permittee (and surety, if applicable), and send a copy to the Inspector, Reclamation Program Manager, and the Legal Services Officer.

Recording and Tracking Bond Forfeiture Action -

The Reclamation Office Services Specialist and Field Inspector shall monitor the permittee’s or surety’s 15 day response period (to submit proposal to avoid bond forfeiture). If the permittee or surety fails to timely respond to the forfeiture notice, the Inspector shall immediately submit a written recommendation that forfeiture be finalized. The recommendation shall be sent to the Supervisor and Reclamation Services Manager.

2 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.3.09 PROCEDURES MANUAL ISSUE DATE 04/10/15 Section Reclamation Services & SUBJECT Performance Bond Forfeiture Permitting Last Revised 2/11/02

Once the bond forfeiture becomes final, the Reclamation Office Services Specialist shall enter that activity into the DMLR system, and update the permit’s file.

Permittee’s Rights of Appeal -

The Division Director’s letter (final notice of bond forfeiture) shall inform the permittee or surety of the right to submit a written request for a formal administrative hearing to contest the forfeiture action. The letter shall state that the request must be submitted to the Division within thirty days from the permittee’s or surety’s receipt of the final bond forfeiture decision. The Division would provide a hearing per 4 VAC 25-130-800.51 of the regulations.

If requested, the Inspector or Supervisor shall assist the Legal Services Officer and the Assistant Attorney General in preparing for and defending the forfeiture action in a formal hearing (administrative and judicial review).

3

Mine Safety Complaint Investigation ProceduresDoc ID: DM-P-10507

Original: 461 words
Condensed: 317 words
Reduction: 31.2%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.07

ISSUE DATE: January 1, 1997 SUBJECT: Safety Complaints LAST REVISED: 10/03

OBJECTIVE AND INTENT

To provide procedures for conducting an investigation of all safety complaints received by DM to determine validity and respond in accordance with provisions of the Mine Safety Act to improve safety performance.

PROCEDURE

1. RESPONSE

 Use DM-RV-1-S Complaint Form as per 45.1-161.97 D.

 Evaluate the seriousness of the complaint or alleged violation to ensure sound judgment in initial decision making.

 Proceed to the complaint site and conduct a thorough investigation to determine the facts/allegations as reported under 45.1-161.97 D. The Department will not disclose the identity of any person who reports an alleged violation.

a. Life threatening - proceed immediately b. Non-life threatening - proceed the same day, if possible, no later than three days following the complaint or alleged violation.

2. INVESTIGTION DATA COLLECTION

 Investigate incident scene and question witnesses and management to obtain details pertaining to the cause of the incident.

 Review available mine records relative to the incident.

 Interview all witnesses and other personnel with knowledge of the incident.

 Issue appropriate Notices of Violation and Orders of Closure as the situation may necessitate.

Rv. 10/03

1-2  Update appropriate supervisor prior to the end of the normal working day with current status of investigation.

3. DETAIL REPORT OF INVESTIGATION

 A report will be prepared after the investigation is completed by the Inspector or Specialist. The complete report will render circumstances/cause of the incident and contain recommendations for the prevention of similar incidents. DM personnel will provide a copy of the certificate of inspection to the mine operator or his agent, one copy to the employee’s representative and one copy will be posted at a prominent place on the mining premises where it may be reviewed by the employees.

4. FOLLOW-UP TO COMPLAINT INVESTIGATION

 A follow-up inspection will be conducted as determined by the area supervisor and inspector if discoveries of a complaint indicate additional attention is necessary prior to the next required inspection. This will be documented on the (DM-TS-1-S) form under OTHER INSPECTIONS as a FOLLOW-UP COMPLAINT (FC), as indicated in APENDIX II, DM SYSTEMS FORMS of this manual.

 During a required Regular/Spot inspection, the inspector will review the mine file history for any record of complaints since the previous required regular/spot inspection. The inspector will review issues and/or practices during the inspection to determine if there has been effective resolution of the complaint.

Documentation of this evaluation and results of any findings will be included in the COMMENT SECTION of the (DM-CM-3S), REGULAR/SPOT inspection report. When addressing a previous complaint, the appropriate complaint investigation number will be included.

Rv. 10/03

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Enhancements to Mineral Mining E-Forms SystemDoc ID: DMM-M-01-08

Original: 2,204 words
Condensed: 1,706 words
Reduction: 22.6%

BENNY R. WAMPLER

DIVISIONS

ACTING DIRECTOR

ENERGY

GAS AND OIL

GEOLOGY AND MINERAL RESOURCES

MINED LAND RECLAMATION MINERAL

MINING

MINES

ADMINISTRATION

CCO

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NIIA A Department of Mines, Minerals and Energy Division of Mineral Mining 900 Natural Resources Drive, Ste. 400 Charlottesville, Virginia 22903 (434) 951-6310 Conrad T. Spangler, III, Division Director

MEMORANDUM

TO:

All Licensed Mine Operators

FROM: ____________________ Conrad T. Spangler

SUBJECT: DMM e-Forms Center Enhancements

DATE: August 11, 2008

The Department of Mines, Minerals and Energy, Division of Mineral Mining is pleased to release the latest enhancements to the DMM e-Forms Center. In response to many inquiries and encouragement from our customers these new features become available to users of the DMM e-Forms Center on August 11, 2008. The enhancements include:

  • Multi-Year Renewal option allowing operators to renew a permit for two years at a time. This should save time and effort for our operators.
  • Annual Contractor Reporting option which will allow operators to report to DMM the contractors that worked on their mine site during the year by December 15th, minimizing filing requirements to the Division.
  • On-line Payments of permit and certification fees, providing flexible payment options and rapid turnaround of transactions.

These enhancements all require the use of the DMM e-Forms Center. If you do not have a User ID for the DMM e-Forms Center, you can obtain one by filling out the User Registration form found on https://www.dmme.virginia.gov/dmmeforms.

Enclosed are three Communication Memorandums 01-08, 02-08 and 03-08 which outline the specific requirements for each of these new options.

If you have questions regarding any of these enhancements or need help in gaining access to the DMM e-Forms Center, please call Chrissi Wood-Smith at 434-951-6322.

Enclosures.

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATION MEMORANDUM NO. 01-08

August 1, 2008 _______________________________________________________________________________________

REFERENCE:Mineral Mine Safety Laws of Virginia 2003 Edition - Section 45.1-161.292:30. License required for operation of mineral mines; term.

A. No person shall engage in the operation of any mineral mine within this Commonwealth without first obtaining a license from the Department. … Licenses shall be in such form as the Director may prescribe. …

B. Licenses shall be valid for a period of one year following the date of issuance, and shall be renewed on their anniversary date.

Mineral Mine Reclamation Laws of Virginia 2003 Edition - Section 45.1-181. Permit required; fee; renewal fee; application; furnishing copy of map, etc., to landowner; approval by Department.

…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. …

INQUIRY: Under current mine permit/license renewal requirements mine operators must complete renewal paperwork, and pay all bonds and fees annually, prior to the expiration of the permit/license.

Mine operators have inquired as to whether DMM could allow permit/licenses to be renewed every two years since many mines have no changes to the acreage affected by the operations.

REVIEW: Both the Mineral Mine Safety Act and the Mineral Mine Reclamation Law require that permit/licenses be renewed annually by the anniversary date. In addition, both laws prescribe that the renewals be in such form as prescribed by the Director.

Mine permits must be inspected by the Division, prior to the renewal of the permit.

Upon becoming a member of the Minerals Reclamation Fund, operators must make an annual payment to the Fund based on the number of acres estimated to be affected during the ensuing year.

DIVISION DIRECTIVE:DMM is offering a voluntary procedure whereby a mine operator could submit the bond, fees, and regulatory information to cover a two-year renewal period while complying with the regulatory requirement for annual permit/license renewal.

The procedure would require operators to comply with the following:

ƒ Licensed operators must maintain their permit using the DMM e-Forms Center, https://www.dmme.virginia.gov/dmmeforms, and make bond and fee payments electronically. ƒ Upon notification of impending permit/ license expiration (90 days prior), operators would access the DMM e-forms system and select the two-year renewal option on the DMM170 Renewal form. The operator would complete the necessary information, including an estimation of the acres to be affected by the operation in the next two years.

The renewal application would then be submitted for review and approval. ƒ DMM personnel will review the application, including making the required field inspection of the mine. Upon approval of the renewal, the operator will be required to pay the license, bond and fees calculated for his affected acreage, for the next two years. ƒ The mid-term (at the first anniversary date after renewing for two years) renewal of the permit/license would be done automatically by DMM, including the required field inspection, without the operator having to take any further action. ƒ If during the course of the two-year renewal period an operator affects additional acreage, not covered by the approved renewal, the operator will be required to amend his permit to show the additional acreage on the DMM170 Amendment form and pay any additional bond and renewal fees, as necessary. If acreage is to be released from the bond or the permit within the first year of the two-year renewal period, applicable pre-paid fees for will be refunded for the second year only. ƒ Ninety days prior to the end of the two-year renewal period, the operator will again be notified of the permit anniversary and may elect to continue the two-year option.

Mine operators not wishing to use the two-year renewal option may continue to renew their permits/licenses annually following the present procedure.

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATION MEMORANDUM NO. 02-08

August 1, 2008 _________________________________________________________________________________________

REFERENCE:Mineral Mine Safety Laws of Virginia 2003 Edition - Section 45.1-161.292:2. Definitions.

"Independent contractor" means any person that contracts to perform services or construction at a mine.

Mineral Mine Safety Laws of Virginia 2003 Edition - Section 45.1-161.292:32.A.3. Application for license.

No application for a mine license or a renewal shall be complete unless it contains information about each independent contractor working at the mine: (i) the independent contractor's trade name, business address and business telephone number; (ii) a description of the nature of the work to be performed by the independent contractor and where at the mine the work is to be performed; (iii) the independent contractor's MSHA identification number, if any; (iv) the independent contractor's address of record for service of citations and other documents; (v) the names and addresses of persons with overall responsibility for operating decisions; and (vi) the names and addresses of persons with overall responsibility for the health and safety of employees.

Mineral Mine Safety Laws of Virginia 2003 Edition - Section 45.1-161.292:32.C. Application for license.

Within thirty days after the occurrence of any change in the information required by subsection A, the licensed operator shall notify the Department, in writing, of such change.

INQUIRY: Presently licensed mine operators report all contractors that they believe may work at their mine during the current year at the time the mine license is renewed each year. The operator is also responsible for reporting any additional contractor working at their mine within thirty days of any change in this information. Mineral mine operators have inquired as to whether the procedure could be modified to allow the year-end reporting of contractors that actually worked at the mine, instead of a projected list at renewal time. This would improve the accuracy of the contractor lists. Also, contractors who did not work on a mine site during the calendar year would not be contacted by DMM for hours and wages on a permit they had not worked on.

REVIEW: Currently, contractor reporting procedures have caused operators to speculate as to which contractors may work at their mines during the course of the year. Frequently, these contractors do not end up working at the mine. Often the contractors do not know which permits have listed them as working on their mine sites. Even if they do not have reportable hours and wages, contractors may potentially be listed as delinquent for their reporting requirement, which can result in violations and closure orders being issued by DMM against the contractor.

The law requires that information on all independent contractors be reported.

A mine license application or renewal is incomplete and cannot be issued unless all contractor information is provided.

An application for a mine license shall be submitted by the person who will be the licensed operator of the mine. Contractor information is an integral part of the mine license application or license renewal application.

Changes in the license information as specified in Section 45.1-161.292.32.A, must be reported to DMM in writing by the licensed operator within 30 days of the change. Contractor information is included in 45.1-161.292.32.A.

DIVISION DIRECTIVE:DMM is offering an electronic Annual Permit Contractor Reporting option, whereby a licensed mine operator can comply with the contractor reporting requirement by maintaining an up-to-date contractor list at the mine site, and submitting an Annual Permit Contractor Report between December 1st and December 15th through the DMM e-Forms Center.

The optional electronic Annual Contractor Reporting procedure requires licensed operators to comply with the following:

ƒ Licensed operators must maintain their permit using the DMM e-Forms Center. ƒ All contractor reporting for the calendar year must be completed between December 1st and December 15th of each year. ƒ Licensed mine operators are responsible for maintaining an up-to-date list of all contractors working at their mines, including all information required by Virginia mine laws and regulations, at each mine site. Such records must be available for review by DMM personnel at any time during the year. ƒ Licensed operators are responsible for validating that each contractor working at their mine has a DMM Contractor ID number and is in good standing. A list of blocked contractors is available thru the e-Forms Center. A list of Active Contractors is available on the website: https://www.dmme.virginia.gov/dmmeforms ƒ Licensed operators are required to inform DMM of their intention to select the annual electronic reporting option by indicating such on their mine license renewal in the e-Forms Center. ƒ The ability of licensed operators to participate in the electronic Annual Contractor Reporting option is at the discretion of DMM, and may be rescinded if the operator fails to maintain the contractor list at the mine site or does not submit the annual report between December 1st and December 15th. ƒ The annual report should reflect all contractors who have worked on the mine site for the current calendar year and project those that might come on the site for the balance of the year. ƒ Any enforcement action necessary to secure the required contractor information will be taken by DMM as deemed appropriate.

DIVISION OF MINERAL MINING

DEPARTMENT OF MINES, MINERALS AND ENERGY

COMMUNICATION MEMORANDUM NO. 03-08 August 1, 2008 __________________________________________________________________________________________

INQUIRY: Mine operators have inquired as to whether DMM could allow electronic payment of permit/license fees, Minerals Reclamation Fund (MRF) deposits, cash bonds, as well as other fees collected for certification and training.

REVIEW: The Mineral Mine Safety Act and the Mineral Mine Reclamation Law require that mineral mine sites have both a permit and license to operate and that these be renewed annually. Additionally, each operation must have a bond provided until the operator becomes a member of the Minerals Reclamation Fund. Upon becoming a member of the Minerals Reclamation Fund, operators make an annual payment to the Fund based on the number of acres estimated to be affected during the ensuing year.

Each application for a mineral mine license, or renewal of a license, must submit a fee of $180.

A sand and gravel mine of less than 5 acres is charged a $48 fee.

Each mineral mine permit must pay a fee of $31 per permitted acre for the total operation and $16 per affected acre thereafter for renewal.

The Board of Mineral Mining Examiners requires certification of persons who work in mineral mines and persons who have duties and responsibilities in relation to mineral mining. A fee of $10 is paid by each person examined. A fee of $1 is paid for the replacement of a lost certification card.

DIVISION DIRECTIVE:DMM is offering a voluntary procedure whereby a mine operator may submit the license and permit fees, cash bond, MRF deposits and certification fees electronically.

The procedure requires operators to do the following:

ƒ Licensed operators would have to use the DMM e-Forms Center, https://www.dmme.virginia.gov/dmmeforms ƒ The DMM e-Forms Center will allow access to be granted to a payment screen, DMM173, to a specific person(s), if necessary (e.g., financial officer, officer manager). ƒ Payments may be made using Electronic Funds Transfer or Credit card (Master Card and Visa will be accepted on transactions up to $500).

Any mine operator not wishing to use the on-line payment option may continue to conduct financial transactions using the present procedure.

Mineral Mining Education and Training RecordsDoc ID: DMM-P-57

Original: 276 words
Condensed: 195 words
Reduction: 29.3%

DIVISION OF MINERAL MINING PROCEDURE NO. 5.7.00 PROCEDURE MANUAL ISSUE DATE 9/12/2002 SUBJECT Education and Training Plan Section Training & Certification and Service Last Revised

OBJECTIVE AND INTENT:

To establish procedures for record keeping for services provided under DMM’s Education and Training Plan and Services Programs and additional MSHA States Grant training initiatives.

PROCEDURES:

Records Retention of Training Records

  • All training records (class rosters, notes, and evaluation form summaries) shall be maintained in a File Storage cabinets located in the Library. These files are also maintained as records of services provided under the MSHA States Grant funding and are retained for availability in the event of audits by MSHA’s Office of Education and Policy Development.
  • All class rosters, evaluation forms, and associated notes from classes and mine and contractor training events conducted by DMM during a fiscal year shall be kept for 3 years.
  • Mid-Year and Year-End statistics for the MSHA Grant Reports shall be compiled and documented on the appropriate MSHA forms by the Safety Engineer, and forwarded to the Division of Mines’ Grants Administrator for incorporation into DMME’s mid-year and annual MSHA State Grants Program reports.
  • Certification Course Records (e.g., certification applications, exam results, etc.,) shall be maintained separately in accordance with the policies and procedures established in Training and Certification Policy 5.01.00.
  • Mine inspectors shall use the E&T Service Data Collection and Report System located on their laptop computers to record details about specific class or training event. Training related information shall be reported by each inspector using the data entry forms on the inspector’s laptops. Each inspector shall upload training records into the Enforcement system, which will automatically populate the E&T database.

Guidance on Recovering Coal from Abandoned Gob PilesDoc ID: DMLR-G-31-10

Original: 1,038 words
Condensed: 701 words
Reduction: 32.5%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 31-10 Issue Date: August 16, 2010 Subject: Abandoned Mined Land Refuse/Gob Piles – Exploration and Recovery

Prior to August 3, 1977, past mining operations had created abandoned mine land (AML) coal refuse or gob piles throughout the Virginia coalfields. These disposal sites have caused or pose significant environmental and/or public health and safety hazards.

With evolving technology, coal can now be recovered and processed from these areas, eliminating the adverse environmental impacts. If the refuse/gob piles are unlikely to be reclaimed through a coal surface mining permit, some operators or contractors have entered into AML enhancement contracts with the Division to recover coal as the amount of coal present is not economically recoverable under a coal surface mining reclamation operation permit.

As the commercial market for coal expands, the Division has seen more on the ground prospecting activity at some refuse/gob pile sites. In order to ensure the exploration/prospecting operations are conducted in an environmentally sound manner and appropriate measures are taken to protect the public health and safety, the Division has developed this guidance memorandum to assist the person who may wish to pursue the commercial coal recovery from such areas.

Depending on the location, size of the refuse/gob pile, and quality and quantity of recoverable coal, operators must determine the commercial viability of recovering coal through an AML enhancement contract or a coal surface mining permit. Questions concerning the applicability of an AML enhancement contract may be directed to the AML Projects Coordinator at 276.523.8216 or the local Reclamation Field Inspector. Should the site not be eligible for an AML enhancement contract, the inspector can advise the operator of the permitting process.

Should an operator/contractor desire to conduct coal exploration activities, a coal exploration notice or permit must be obtained from the Division prior to any land disturbing activity under Part 4VAC25-130-7722 of the Virginia Coal Surface Mining Reclamation Regulations. The performance standards under § 4VAC25-130-815.15 would apply to any exploration operation activities that substantially disturb the natural land surface. 1 This Memorandum is to be considered guidance issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 The requirements for a coal exploration notice as set out under §§4VAC25-130-772.11, 4VAC25-130-772.13, and 4VAC25-130-772.14 of the regulations. Those for the coal exploration permit are addressed in §§4VAC25-130-772.12, 4VAC25-130-772.13, and 4VAC25-130-772.14 of the regulations.

GUIDANCE MEMORANDUM1 No.

Issue Date:

Subject: Abandoned Mined Land Refuse/Gob Piles – Exploration and Recovery

Page 2 of 2

Commercial Use or Sale

Any person who intends to commercially use or sell coal3 extracted during coal exploration operations must first obtain a coal surface mining permit under Parts 773 through 785 of the regulations.

However, except as provided under 4VAC25-130-772.14(b), and with the prior written approval of the Division, a coal surface mining permit would not be required if the commercial sale or use of the coal is for coal testing purposes only. .

Under a coal exploration notice or permit, the person seeking to use or sell the coal for testing purposes would have to submit an application for Division approval. The application must demonstrate the coal testing is necessary for the development of a coal surface mining permit application that will be submitted in the near future or for consideration as an AML enhancement project, and that the coal extracted is solely for testing purposes. The application4 must contain –

  1. The name of the testing firm and locations where the coal will be tested.
  2. Statement from the intended end user or the agent/broker that provides the – a. Specific reason for the test, including why the coal may be so different from the intended user’s other coal supplies as to require testing. b. Amount of coal necessary for the test and why a lesser amount is not sufficient. c. Description of the specific tests that will be conducted.
  3. Evidence the coal to be removed is not the total reserve, but is a sampling of a larger reserve.
  4. An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the coal quality and/or feasibility of developing a surface coal mining operation.

AML Enhancement Projects

AML Enhancement projects are government financed construction projects wherein proceeds from the sale of incidental coal5 is used to offset the cost of reclamation. As these are accomplished as government financed abandoned mine land projects, coal removal from the project does not require a coal surface mining permit. The level of government financing is less than 50% of the project cost, and typically only pays for planting trees on the reclaimed site. If coal is being removed under an AML enhancement contract, the terms and conditions of that contract shall apply. For AML enhancement projects at which DMME has not previously accomplished reclamation, the contractor typically has the option to remove 5,000 tons of marketable material. Should the operator/contractor decide to continue after the 5,000 marketable tons threshold, the company assumes liability for complete reclamation of the project. Should the operator/contractor decide not to continue the project after the 5,000 marketable tons threshold, the company is only responsible to reclaim the area that has been disturbed.

Should you have any questions regarding this guidance document or the topics of this memorandum, please contact your area Inspector, the Reclamation Services Manager at (276) 523-8197, or the Technical Services Manager at (276) 523-8156. 3 Also refer to the applicability requirements under §4VAC25-130-700.11 VCSMRR 4 See §4VAC25-130-772.14(b) VCSMRR. 5 Incidental coal is that coal which is an engineering necessity to recover during the progress of reclaiming the abandoned mine land feature.

Procedures for Reclaiming Orphaned LandsDoc ID: DMM-P-31

Original: 342 words
Condensed: 278 words
Reduction: 18.7%

DIVISION OF MINERAL MINING PROCEDURE NO. 3.1.00 PROCEDURES MANUAL ISSUE DATE 7/7/97 SUBJECT General Procedures for Reclaiming Section Orphaned Lands Orphaned Land Sites Last Revised 2/24/98

OBJECTIVE AND INTENT:

PROCEDURES:

  1. Orphaned Land sites are identified via complaints from citizens, government agencies, DMME personnel and data bases. Complaint investigations are initiated within 5 days of notification. Inventories are conducted on a watershed basis using the Non Point Source (NPS) Protocol.
  1. Project Manager and/or the NPS Coordinator initiates a site investigation.
  1. Project Manger and/or NPS Coordinator prepares site investigation report based on a comprehensive environmental and public health and safety analysis of the site. Data is compiled on the Orphaned Mined Land Site Investigation Report. The Inventory information is entered into the inventory system currently located on individual PC’s.
  1. Project Manager completes an Orphaned Land Advisory Committee Review Report and slide documentation to present to the Orphaned Land Advisory Committee (OLAC) at the annual meeting.
  1. Project Manager plans and organizes the annual OLAC meeting complete with tour of selected new or reclaimed sites, in various areas of the state.
  1. Inventoried sites are reviewed with OLAC, utilizing the site investigation report, slides and other pertinent information. The sites are prioritized by OLAC on the Orphaned Land Analysis Report.
  1. Once the OLAC has prioritized the sites, "A" priority sites which have not been reclaimed are selected for reclamation. The sites are then surveyed, mapped, further studies conducted as appropriate, and a plan of reclamation is established by the Project Manager. Consents of Entry are obtained on sites to be reclaimed.

8. Required permits and approvals are obtained as required including but not limited to:

  • Corps of Engineers
  • Virginia Marine Resources
  • Department of Historic Resources
  • Natural Heritage
  • Department of Environmental Quality
  • Chesapeake Bay Local Assistance Authority
  • Virginia Department of Transportation
  • DMME personnel
  1. Adjacent landowners, government agencies, citizen groups, and other stakeholders are consulted and kept informed of the reclamation of a site.

10. The sites to be reclaimed are then contracted out as per the administrative procedures; and in compliance with the Virginia Public Procurement Act.

  1. 1-1

Guidelines for Electronic Document SubmissionDoc ID: DMM-M-04-08

Original: 607 words
Condensed: 519 words
Reduction: 14.5%

BENNY R. WAMPLER

DIVISIONS

ACTING DIRECTOR

ENERGY

GAS AND OIL

GEOLOGY AND MINERAL RESOURCES

MINED LAND RECLAMATION MINERAL

MINING

MINES

ADMINISTRATION

CCO

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NIIA A Department of Mines, Minerals and Energy Division of Mineral Mining 900 Natural Resources Drive, Ste. 400 Charlottesville, Virginia 22903 (434) 951-6310 Conrad T. Spangler, III, Division Director

MEMORANDUM

TO:

All Licensed Mine Operators

FROM: __________________ Conrad T. Spangler

SUBJECT: Standardized Formatting Of Paper Documents

DATE: August 11, 2008

The Department of Mines, Minerals and Energy, Division of Mineral Mining is currently transitioning from a paper filing system to an electronic based system.

This conversion from paper to electronic media will require some changes in your preparation and formatting of paper documents submitted to the Division, which are outlined in the enclosed Communication Memorandum 04-08.

Your cooperation in following these criteria is greatly appreciated. With your assistance the transition from a paper to electronic filing system will be smooth and seamless.

Enclosure.

EQUAL OPPORTUNITY EMPLOYER TDD (800) 828-1120 --- Virginia Relay Center

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATION MEMORANDUM NO. 04-08 August 1, 2008 __________________________________________________________________________________________

INQUIRY: The Division is encouraging the use of the DMM e-Forms Center, our electronic forms submittal system. Paper submittal of renewals, amendments and other required documents will continue to be accepted. However, in order to maintain a uniform filing system of documents submitted either electronically or by paper, all documents are filed and archived using the DMM e-Forms Center by the Division. This provides an electronic file cabinet of the latest permit documents and historical archives that can be accessed by the operator as well as Division staff.

DIVISION DIRECTIVE: The following guidelines should be followed when submitting paper documents to the Division. This allows documents in these formats to be converted to digital format by DMM.

1) Text documents should be submitted in black print on white background using standard 8½" x 11" paper. Where necessary larger sheets may be used up to 11" x 17". Large-scale maps and design sheets are excluded from these criteria.

2) Pages containing narratives should be single-sided and printed using a 12 point font.

3) Pages should not be stapled or spiral bound. Where necessary, items should be attached or held together with paper or binder clips. Large documents should not be bound, but submitted in three ring binders; the second copy should be rubber banded. Spiral bound documents cannot be accepted.

4) Maps and design sheets should be either folded 8½" x 11" and placed in the back of the document or rolled and submitted separately. All maps and design sheets should be labeled with the permit name and number when available. When referenced back to the narrative, such maps or drawings should be clearly identified. Two paper copies of permit maps and legends must be submitted to the Division for all mapping changes.The following criteria should be used when submitting documents electronically through the DMM e-Forms Center.

1) Two paper copies of permit maps and legends must be submitted to the Division for all mapping changes, even if the maps are submitted as electronic document attachments. Permit Maps and Legend should be attached to DMM170 page 1.

2) Operational, Drainage, and Reclamation Plan Narratives, Drawings and Maps should be attached to DMM170 Page 6, item 10.

3) Deeds, Leases and Right of Entry documents should be attached to DMM170 Page 5, item 6.

4) Please note if you begin to submit the documents for a permit using the DMM e-Forms Center, you will be expected to continue submitting documents in that manner.

Incidental Coal Extraction Reclamation ProceduresDoc ID: DMLR-P-2104

Original: 893 words
Condensed: 775 words
Reduction: 13.2%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.04

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Exemption for Extraction of Coal Section Reclamation Services Incidental to Extraction of other Minerals Last Revised 4-17-06

OBJECTIVE AND INTENT:

To ensure that incidental coal extraction on mineral mines is properly approved and monitored by the Division per Part 4 VAC 25-130-702 of the regulations.

PROCEDURES:

When mineral mine operators plan to extract coal incidental to the extraction of other minerals, Division of Mineral Mining (DMM) Inspectors shall contact the DMLR Reclamation Field Inspector. The DMLR Inspector will assist the DMM Inspector in explaining the coal regulatory requirements to mineral mine operators who may be subject to the coal regulatory program (may involve providing guidance to the operator as to the preparation of the exemption application required under 4 VAC 25-130-702.12 of the regulations). The DMLR Inspectors will provide application form DMLR-211 (Exemption for Extraction of Coal Incidental to Extraction of other Minerals) to the mineral mine operator.

Coal extraction at the site is exempt from DMLR’s regulatory program (for the specific language and conditions, refer to 4 VAC 25-130-702.14(a) of the regulations):

  • when the cumulative production of coal extracted from the mining area is no more than 16 2/3 percent of the total cumulative production of coal and other minerals extracted for commercial use or sale,
  • the cumulative revenue derived from the coal extracted from the mining area is no more than 50 percent of the total cumulative revenue derived from the coal and other minerals removed, and
  • the coal produced from a geologic stratum lying above or immediately below the deepest stratum from which other minerals are extracted.

An operator is required to submit the application for the exemption to DMLR. Should the DMLR Inspector come upon a mineral mining operation, which he believes may encounter coal; he should contact the DMM Inspector to determine if coal will be extracted. This coordination will ensure that the operator files any necessary exemption application. (If the DMLR Inspector is approached by a person proposing to seek a permit to commercially extract mineral(s), the Inspector should refer the person to the DMM office or Inspector.)

Once the application is received from the mineral mining operator, the Inspector will review the application material, and may request assistance from the Area Supervisor and/or the Technical Services staff. The Inspector’s recommendation to approve or disapprove the exemption application will be forwarded to the Reclamation Program Manager - Permitting, via the Area Supervisor and the Reclamation Services Manager.

The application must be reviewed and approved by DMLR prior to the extraction of any coal. The general review procedures under Procedure #2.2.01 shall be followed. The reviewers must ensure the requirements of 4 VAC 25-130-702.11 and 4 VAC 25-130-702.12 are met.

The Reclamation Program Manager - Permitting, after consulting with the Reclamation Program Manager -Chief Engineer and Reclamation Services Manager, shall:

  • approve or deny the application in accordance with 4 VAC 25-130-702.11(e) and 4 VAC 25-130-702.14. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.04

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Exemption for Extraction of Coal Section Reclamation Services Incidental to Extraction of other Minerals Last Revised 4-17-06

  • shall notify the applicant in writing of the decision, and send a copy of the letter to the DMLR Inspector and Reclamation Services Manager and to DMM.
  • shall request that a Reclamation Office Service Specialist assign a DMLR Tracking Number and create a file located at \\wap01512\DMLR\permit_supplements, if the application is approved
  • shall place all exemption documents in the folder located at \\wap01512\DMLR\permit_supplements

In the event the exemption is denied, the Reclamation Program Manager – Permitting’s letter shall inform the applicant that coal extraction will not be allowed without a Chapter 19 coal surface mining permit. Should the exemption be approved, the letter shall inform the applicant that the exemption is valid for as long as the requirements under 4 VAC 25-130-702.14(a) are met, and the operation maintains a valid mineral mining permit.

The DMLR Inspector shall periodically check:

  • tonnage records to ensure the operator does not exceed the 16 ⅔ percent ratio of coal to total minerals extracted, and
  • commercial use and sales information to ensure the operator does not exceed the 50 per cent revenue ratio.

This may be done in conjunction with a DMM regular inspection or upon the DMLR Inspector’s initiative.

The review should take place at least once every calendar quarter. All site visits will be documented on a DMLR-ENF-044S Form and submitted to the Area Supervisor. The Area Supervisor will forward all reports to the Reclamation Services Manager who will ensure the reports are placed in the appropriate folder. The inspection of the mine site and applicable records, and any enforcement action, shall be in accordance with 4 VAC 25-130-702.15 through 4 VAC 25-130-702.18.

Final Inspection -

The Inspector will conduct a final inspection of the project once coal removal is completed. The inspection report (DMLR-ENF-044S) shall document that the commercial coal sales did not exceed 50 per cent of the project revenues and that the total tonnage of coal production did not exceed 16⅔ percent of the total minerals extracted.

The inspector will code the inspection report as the “Final Inspection” and “Not Inspectable” FI/NI. The completed file, including all documents and materials generated or collected relative to the exemption will be maintained in the folder located at \\wap01512\DMLR\permit_supplements 2

Mailing Procedures for Administrative DecisionsDoc ID: DMLR-P-1204

Original: 196 words
Condensed: 145 words
Reduction: 26.0%

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 1.2.04

PROCEDURES MANUAL ISSUE DATE 04/10/15

SUBJECT Mailing – Administrative Decisions Section ALL Last Revised September 10, 2007

OBJECTIVE AND INTENT:

To ensure each agency decision that may be subject to administrative or judicial review is expeditiously mailed.

GENERAL:

The Division generally serves agency actions or decisions directly to the person/party involved, by certified mail, or by electronic mail. Electronic mail may officially used if the operator has submitted a completed consent form (DMLR-PT-265). By documenting when the party received the decision, the agency can calculate the period of time the person has to request administrative review based upon applicable statutory or regulatory time limits.

PROCEDURE:

A decision that is subject to administrative or judicial review under the Virginia Coal Surface Mining Control and Reclamation Act of 1979, as amended, or the Virginia Administrative Process Act shall be either hand delivered, sent by certified mail, or by electronic mail to the person it is directed or to his designated agent.

A decision sent by certified or electronic mail shall be mailed on the date of the decision, but no later than 2 working days from the decision date.

1

Confidentiality Procedures for Mining PermitsDoc ID: DMLR-P-2202

Original: 530 words
Condensed: 414 words
Reduction: 21.9%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.02

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Confidentiality of Permit Application Section Technical/Permitting Information Last Revised 3-12-97

OBJECTIVE AND INTENT:

To protect confidential information submitted by the permit applicant.

PROCEDURES:

The Act and regulations require that the Division hold certain types of information as confidential.

Information submitted in a coal exploration application that concerns trade secrets or privileged commercial or financial information, which relates to the competitive rights of the applicant. (45.1-233B of the Act) shall be held confidential when requested by the applicant.

The following information shall be held confidential when requested by the applicant and the Division Director determines that the information meets the applicable criteria:

  • analyses of the chemical and physical properties of the coal to be mined, except information on the components of such coal which are potentially toxic in the environment (45.1-235F of the Act).
  • information required by 45.1-236 of the Act or 4 VAC 25-130-778.13(h) of the regulations that is not on public file which the applicant has requested in writing to be held confidential.
  • information on the nature and location of archeological resources on public land and Indian land per the Archeological Resources Protection Act of 1979.

Submission of Application - The applicant must clearly identify confidential information as “CONFIDENTIAL”.

The material should be submitted in a bound volume, completely separate from the remainder of the application.

The application should include a written statement requesting confidentiality and citing the statutory basis for the request.

Determination of Confidentiality - Before the application is routed for technical review, the Reclamation Program Manager shall determine whether the information is in fact confidential under 4 VAC 25-130-772.15 and 4 VAC 25-130-773.13(d)(3) of the regulations. The Reclamation Program Manager may request assistance from technical or management personnel in rendering the determination.

If the information does not meet the confidentiality criteria, the Review Inspector shall notify the applicant in writing of the determination. The applicant shall be informed of the right to appeal the Division’s determination or to incorporate the portions of the application deemed non-confidential into the general application package.

Information labeled confidential will be withheld from public inspection while the Division’s determination is under appeal (4 VAC 25-130-773.13(d)(3)).

Public Notice - When the applicant requests that certain information be kept confidential, the Field Inspector shall instruct the applicant to include a concise statement in the public notice describing, in general terms, the nature of the “confidential” information.

Any public comments received shall be handled by DMLR in accordance with 4 VAC 25-130-773.13 (b)(3) of the regulations. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.02

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Confidentiality of Permit Application Section Technical/Permitting Information Last Revised 3-12-97 Confidential Files - These files shall be maintained and secured in the Central File Room, separate from the remainder of the application and permit files. All File Room and Client Assistance personnel will be informed of the location of confidential information and how such shall be maintained.

Access to Confidential Files - A confidential file shall be made available to Division personnel only as it pertains to their respective reviews of the permit application. 2

Methane Ignition Investigation ProceduresDoc ID: DM-P-10503

Original: 495 words
Condensed: 392 words
Reduction: 20.8%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.03

ISSUE DATE: January 1, 1997 SUBJECT: Methane Ignition

LAST REVISED: 10/00

OBJECTIVE AND INTENT

To provide procedures for conducting an investigation of all reported ignitions of methane gas in order to safely determine the causes for the incident and to address preventive measures to control reoccurrence.

PROCEDURE

1. ARRIVAL AT MINE SITE

 A Closure Order may be issued under Section 45.1-161.91.A.(ii) as may be necessary to preserve the scene during the investigation.

 Assure that the incident site is made safe and/or properly dangered off.

 Assure that proper communications have been followed.

 Schedule a formal investigation which involves all essential parties.

2. INVESTIGATION DATA COLLECTION

 Investigate incident scene and question witnesses and management to obtain details pertaining to the cause of the incident.

 Review available records relative to the incident.

 Interview witnesses and other personnel having potential knowledge of the incident to determine the following:

a. Extent and duration of flame b. How flame was extinguished c. Condition and location of equipment during occurrence d. Personnel participating in extinguishing flame e. Depth of cut f. Condition and extent of line brattice g. Location of crew and equipment prior to the incident h. Changes made to the site Rv. 10/00

1-3 i. Times : (1) shift began (2) arrival on section (3) of incident (4) of notification to DM j. Location production began k. Pre-shift air readings l. CH4 readings—gob and face m. Sequence of cuts prior to incident n. Foreman location at time of incident o. Equipment description and serial numbers p. Other information as may be relevant to incident

 Examine incident area:

a. Check air quality for O2 , CH4, CO b. Check ventilation c. Check roof and ribs d. Check equipment

 Obtain air quantity:

a. Intake b. Return c. Gob d. Behind the line brattice e. Longwall or other working face

 Check for potential ignition sources.

a. Check equipment permissibility in affected area. b. Check condition of cutting bits c. Check water sprays d. Review cutting and welding procedures

 Complete On Site Activity

a. Issue appropriate Notices of Violation b. Update the appropriate supervisor prior to the end of the normal working day with current status of investigation.

2-3

3. DETAIL REPORT OF INVESTIGATION

 A report will be prepared after the investigation is completed by the Inspector or Specialist. The complete report will render circumstances/cause of the incident and contain recommendations for the prevention of similar incidents. DM personnel will provide a copy of the certificate of inspection to the mine operator or his agent, one copy to the employee’s representative, and one copy will be posted at a prominent place on the mining premises where it may e reviewed by the employees. If the ignitions involve damages and/or injuries, a formal report will be submitted to the Chief within five working days after the investigation is complete.

Rv. 10/00

3-3

Mine Openings and Escapeway GuidelinesDoc ID: DM-G-161162

Original: 225 words
Condensed: 138 words
Reduction: 38.7%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 8

MINE OPENINGS AND ESCAPEWAYS Issue Date: 9/30/02 Revised Date: Page 1 of 1 Section 45.1-161.162.A.

Mine Openings

Except as provided in 45.1-161.164, there shall be two travelways, entries or openings to the surface from each section of a mine worked. All longwall panels shall be developed with at least three entries, however, if new technology becomes available pursuant to which two entry systems may be safely developed, such technology may be used, with the approval of the Chief.

  • The inspector should determine that there are at least two separate travelways readily available for travel to the surface from all working places.
  • Capsules or buckets used for emergency escape in shaft mines should not be considered one of the travelways unless they meet the requirements set forth for equipment used for hoisting miners.
  • Capsules or buckets used for emergency escape that do not meet the requirements of 45.1-161.155.C. for hoisting miners should only be deemed as acceptable for use in the case of an emergency.

Note: Section 45.1-161.155.C. Cages used for hoisting miners shall be equipped with safety catches that act quickly and effectively in case of an emergency. The provisions of this subsection shall not apply to capsules or buckets used for emergency escape or shaft sinking.

Bond Reduction and Release ProceduresDoc ID: DMM-P-44

Original: 770 words
Condensed: 687 words
Reduction: 10.8%

DIVISION OF MINERAL MINING

PROCEDURE NO.

  1. 4.00

PROCEDURES MANUAL

ISSUE DATE 09/10/91 SUBJECT Bond Reduction and Release Section Permitting

Last Revised

OBJECTIVE AND INTENT:

To ensure the accurate and consistent release of bond on suitably reclaimed areas.

PROCEDURES:

Bond can be increased or decreased in the following situations:

  1. The operator may request a bond reduction or release on completed portions of an active permit, on a completed permit at renewal/anniversary or at other times throughout the year. The bond on areas shown as being satisfactorily reclaimed, regraded, and vegetated will be released or moved forward to apply elsewhere on the permit. If, after calculation of the bond is performed, more acreage is bonded than permitted, the excess bond will be released; however, if more acreage is permitted than bonded, the bond (cash, CD, or surety) will be moved forward to apply elsewhere on the permit. Minerals Reclamation Fund payments cannot be moved forward.
  • The area Mine Inspector will recommend approval or denial by submitting a completed Bond Release Inspection (DMM-104d) within 60 days after receipt of the bond release request from the mine operator. Denials must be in writing on an Inspection Report (DMM-104) form and provide specific remedial actions and reasons for denial.
  • The acreage from which bond is being moved forward or reduced must be satisfactorily reclaimed.
  • The Mine Inspector will ensure that the acreage is shown on the map legend and on the anniversary (renewal) map in cross-hatched green and is correct.
  • The area from which bond is being released may remain part of the permit or may be removed from the permit through a deletion amendment. (See DMM Policy 4.6.00 for amendments).
  1. Upon receipt of the Bond Release Inspection form from the Mine Inspector, the Program Support Technician will, within 2 days review the release for completeness. If the form is not complete, the Mine Inspector will be notified to obtain additional information or have corrections made to the information presented. If the form is complete, the Program Support Technician will continue the review process.
  1. Within 7 days of receipt the Program Support Technician will review the Bond Release and compare the maps to the most recent map held by the division to ensure that the areas correspond. If the operator applying for bond release is in the Minerals Reclamation Fund, the file will be reviewed to determine the first year that bond was posted. The Program Support Technician will calculate the Minerals Reclamation Fund bond release amount based on the number of years that the release area has been bonded or in accordance with any formula approved in regulations.
  1. After approval by the Program Support Technician, the bond being held on the acreage is returned to the operator within 5 days of that approval. If it is a Certificate of Deposit or an insurance bond, it is returned by certified mail with the Release of Bond (DMM-111) and an approval letter composed by the Program Support Technician. The Release of Bond form is signed by the DMM Director to authorize release of the certificate or insurance bond. After the DMM Director has signed the Release of Bond Form the Program Support Technician will proceed to the bank to withdraw the Certificate of Deposit or the insurance surety bond from the safe deposit box so it can be returned to the operator.
  2. 20-1

DIVISION OF MINERAL MINING

PROCEDURE NO.

  1. 4.00

PROCEDURES MANUAL

ISSUE DATE 09/10/91 SUBJECT Bond Reduction and Release Section Permitting

Last Revised If the bond is a cash bond or Minerals Reclamation Fund, the Program Support Technician will complete a Request to Refund Cash Bonds or Revenue (OFS-RRV-1) to return the money. The completed Request to Refund Cash Bonds and Revenues is then signed by the DMM Director and sent to the Office of Financial Services for processing. The Request for Refund is accompanied by a memo to the Office of Financial Services that is signed by the Environmental Engineer Consultant to also give the approval of the Permitting Section.

  1. The Program Support Technician updates the records on the Mineral Mining System within 5 days after acreage release is approved, gives the Mine Inspector copies of all materials submitted for the permit field file, and files the originals in the DMM office permit files. (Refer to the Mineral Mining System Manual for updates.)
  1. Upon mailing Certificates of Deposit or insurance surety bonds to the operator or upon receipt of a copy of the processed Revenue Refund Voucher, the Program Support Technician receipts the monies or bond out of the Mineral Mining System in the Receipts Subsystem. (Refer to the Mineral Mining System Manual.)
  2. 20-1

Virginia Mineral Mining Electrician Certification GuideDoc ID: DMM-C-E

Original: 1,675 words
Condensed: 1,522 words
Reduction: 9.1%

VIRGINIA DIVISION OF MINERAL MINING

MINERAL MINE ELECTRICIAN CERTIFICATION

This document provides information about the examination and application process for becoming certified as a Mineral Mining Electrician by Virginia’s Division of Mineral Mining (DMM). To be certified, an applicant must hold a valid journeyman or master electrician license issued by the Virginia Department of Professional and Occupational Regulation (DPOR) or successfully pass the technical section of the journeyman electrician’s exam (by scoring at least 80% on the technical section) and possess the required experience and/or education qualifications (detailed below).

For those applicants who need to take the exam specifically for obtaining the Mineral Mining Electrician certification, PSI Examination Services (PSI), a private testing firm that conducts DPOR’s examination program, administers the exam for DMM. When applicable, DMM will register an applicant with PSI when processing the certification candidate’s application. Please note that the results of the exam, when taken as part of the DMM application process, are only valid for obtaining a Mineral Mining Electrician certification and may not be used to obtain a journeyman electrician license through the DPOR. For information on how to obtain a journeyman or master electrician license, please contact:

Commonwealth of Virginia Department of Professional and Occupational Regulation 3600 West Broad Street Richmond, VA 23230 (804) 367-8511 www.state.va.us/dpor email: contractors@dpor.state.va.us

APPLICATION AND CERTIFICATION REQUIREMENTS

Applicants shall submit to the DMM:

  • A completed Board of Mineral Mining Examiners’ (BMME) Application for Certification Examination form (BMME-1).
  • A copy of all degrees (Associate’s or Bachelor’s degrees) or licenses (journeyman’s or master’s electrician license) required for certification.
  • A completed BMME Verification of Work Experience form (BMME-2) signed by a company official who is knowledgeable and can verify the experience.
  • A $60 fee for the examination made payable to “Treasurer of Virginia” if paid by check or money order.
  • Documentation of training as required by 30 CFR Part 46 or 48 or provide evidence of their knowledge of safe working practices on the mine site.

For those applicants who need to take the exam, please refer to the examination center locations section at the end of this document to choose a location and date to take the exam. Enter this information on BMME-1 prior to submitting the application to DMM.

Mineral Mine Electrician Certification

Page 2 of 5 Certification Requirements

In order to be certified as a Mineral Mining Electrician, all candidates must meet either of the following requirements:

  • Hold a valid journeyman or master electrician license issued by the Virginia Department of Professional and Occupational Regulation;

Or

  • Submit evidence that one of the following combinations of experience and education qualifications has been met, and then successfully pass the journeyman electrician exam:

Four years of practical experience in the electrical trade and 240 hours of formal vocational training in the electrical trade; or

Five years of practical experience in the electrical trade and 160 hours of formal vocational training in the electrical trade; or

Six years of practical experience in the trade and 80 hours of formal vocational training in the trade; or

An Associate Degree or certificate of completion from a two year program in the electrical trade from an accredited community college or technical; or

A Bachelor’s Degree from an accredited college or university in an engineering curriculum related to the electrical trade and 1 year of practical experience in the trade; or

Ten years of practical electrical experience, verified by a company official knowledgeable of such experience or any one of the following individuals who observed and can attest to the candidate’s work in the electrical trade: building officials, current or former employers, contractors, engineers, architects, or current or past clients.

EXAMINATION PROCESS

Examination Admission Letter

After DMM processes the application (including the fee) and determines that all required information is accurate and complete, DMM will send a confirmation/admission letter to the applicant that identifies the location and date of the scheduled exam. This admission letter must be presented to PSI on the date of the exam, in order to be admitted to take the exam.

Rev 5/2003 Mineral Mine Electrician Certification

Page 3 of 5 Reporting to the Examination Center

PSI recommends arriving at least 30 minutes before the exam appointment, in order to allow sufficient time for sign-in and identification, and to become familiar with the examination process.

If you arrive late, you may not be admitted to the examination center and then you will forfeit the registration fee.

Required Identification

Two forms of VALID (not expired) identification are required for admission to take the exam. One must be a government-issued identification (Driver’s license, State ID, Passport, Military ID) that bears the applicant’s signature and a photograph or complete physical description. The second ID must bear the applicant’s signature and preprinted legal name. All identification provided must match the name on the registration form. If the required identification cannot be provided, then the applicant must call (800) 733-9267 no later than 1 month prior to the scheduled examination appointment to arrange a way to meet this security requirement. Failure to provide all of the required identification at the time of the examination without notifying PSI as required, will be considered a missed appointment (that results in forfeit of fee) and the applicant will not be able to take the exam at that time.

Missed Appointment (No Show) or Late Cancellation

An applicant will not be able to take the examination as scheduled and will forfeit the examination fee, if he/she:

  • Does not cancel the appointment at least 3 full business days before the scheduled examination date; or
  • Does not appear for the examination appointment; or
  • Arrives after the Examination Start Time; or
  • Does not present proper identification at check in.

Rescheduling

DMM and PSI strongly recommend attending the scheduled examination date/time. If the scheduled exam date/time cannot be made, DMM’s certification section must be contacted to cancel or reschedule the exam appointment. The exam appointment may be cancelled and rescheduled without forfeiting the exam fee if the cancellation notice is received no later than 3 full business days before the scheduled examination date.

REFERENCES AND INFORMATION ABOUT THE EXAM

The following references are possible study materials for the technical section of the Journeyman’s electrician exam:

  • 1996 or 1999 National Electrical Code, NFPA 70
  • American Electrician’s Handbook, 13th Edition, Croft and Summers

These references are listed to identify resources and do not constitute an endorsement by DMM.

Rev 5/2003 Mineral Mine Electrician Certification

Page 4 of 5 NOTE: The examination is open book. However, it is the applicant’s responsibility to bring his/her own reference books to the examination center. Applicants are not allowed to bring in loose papers, unbound references, or study guides to the exam.

Examination Content Outline

Use the outline as the basis for study. The outline lists the topics that are on the examination and the number of items for each topic. The Mineral Mining Electrician exam is comprised entirely of the technical section of the Journeyman electrician exam and consists of the following 60 items:

A.

General Electrical Knowledge (3 Items)

B.

Requirements for Electrical Installations (3 Items)

C.

Electrical-Electronic Fundamentals (2 Items)

D.

Services, Feeders, and Branch Circuits (7 Items)

E.

Service and Feeder Requirements (2 Items)

F.

Grounding and Bonding (7 Items)

G.

Conductors and Cables (7 Items)

H.

Raceways and Boxes (8 Items)

I.

Special Occupancies (3 Items)

J.

Special Equipment (2 Items)

K.

Electrical Signs and Outline Lighting (1 Item)

L.

Motors and Controls (5 Items)

M.

Utilization Equipment (5 Items)

N.

Lighting (2 Items)

O.

General Low Voltage Requirements (1 Item)

P.

Communication Systems (1 Item)

Q.

Fire Detection and Alarm Systems (1 Item)

In order to pass the examination, a minimum score of 80% (48 correct out of 60) is required in accordance with the BMME regulations (4 VAC 25-35-20).

Rev 5/2003 Mineral Mine Electrician Certification

Page 5 of 5

EXAMINATION CENTER LOCATIONS

Computer Examination Center Locations

NORTHERN VIRGINIA AREA 140 Little Falls Street #110 Falls Church, VA From I-495, take exit 47 towards Falls Church (Leesburg Pike/Rte 7 East) and proceed east for approximately 3.0 miles. As you enter Falls Church, Leesburg Pike becomes Broad Street. Turn left at Little Falls Street (across from the post office). Building is on the right. There is limited street parking. Take a left at Park Avenue for additional street parking.

TYSONS CORNER AREA 1651 Old Meadow Drive, Suite B01 McLean, VA 22102 From the Beltway (I-495) take the McLean Exit (Route 123 North). Turn right on Old Meadow Road (the first traffic light). The site is the first building on the left.

RICHMOND AREA Daniel Building 3805 Cutshaw Avenue, Suite 310 Richmond, VA 23230 From I-64, exit Staples Mill Road and proceed east approximately 1 mile. Turn left on Broad Street and proceed approximately ¾-mile. Turn right on Kent Road. The Daniel Building is on the corner of Cutshaw Avenue. Use street parking.

TIDEWATER AREA Military Circle 870 North Military Highway, Suite 111 Norfolk, VA 23502 From I-264, exit Military Highway and proceed north approximately ½-mile. Turn right onto Military Circle. Military Circle is a street that circles the mall, but it is not part of the mall itself. The examination center is in a bank building. Enter through the side entrance of the building.

ROANOKE AREA Fralin and Waldron Office Park 3150 Chaparral Drive Building C, Suite 206 Roanoke, VA 24018 From I-81, take 220 Exit (Downtown Roanoke). From 220, take the Franklin Road Exit (not the Franklin Bus Exit). At the stoplight make a right. Franklin Road will turn into Electric Road. Keep going straight until you come to Chaparral Drive and go left. You will see the Fralin & Waldron Building to your left. At the next stoplight go left. Building C is on your left, turn into the parking lot.

If you are traveling from 220 (and not I-81), take the first exit, Franklin Road. Follow the directions above.

Paper/Pencil Examination Center Location

PSI administers paper-and-pencil examinations once a month at a southwest Virginia location. Call (800) 733-9267 to find out where the examination will be administered.

Rev 5/2003

Road Maintenance and Dust Control GuidelinesDoc ID: DMLR-P-3318

Original: 741 words
Condensed: 430 words
Reduction: 42.0%

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.3.18 PROCEDURES MANUAL ISSUE DATE 11/1/2009 SUBJECT Section Road Maintenance and Fugitive Dust Control Reclamation Services/Technical Services Last Revised

OBJECTIVE AND INTENT:

To ensure the permittee properly plans and implements an effective road maintenance and fugitive dust control plan to prevent adverse impacts to the public health and safety.

GENERAL:

§§ 4 VAC 25-130-816.150(c) and (e) and 4 VAC 25-130-817.150 (c) and (e) of the Virginia Coal Surface Mining Reclamation Regulations, provides the Division’s authority to require a permittee implement additional measures to ensure proper design and maintenance of its haulroad(s) to prevent/minimize fugitive dust problems -

“(c) Design and construction limits and establishment of design criteria. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size, in accordance with current, prudent engineering practices, and any necessary design criteria established by the division.” (Emphasis added)

PROCEDURES:

In instances where noticeable tracking of material and/or fugitive dust from a permitted operation onto public roadways or communities are occurring, the Reclamation Inspector shall document the occurrence with pictures. The time, date, weather conditions, and other relevant information should be documented in a memo or report.

The Division does not have jurisdiction to require a permittee to remove material from the public road. If the problem is occurring due to lack of proper haul road maintenance, the Inspector shall issue the appropriate enforcement action to compel compliance with the approved operation plans.

In the event the approved plans do not adequately address the site conditions or concerns, the Inspector may require the company by revision order notice (RON) to develop and implement a road maintenance plan that will specify the measures the company will take to better control and minimize tracking of material onto public roads and the generation of fugitive dust that results from its operation’s traffic. The plan may include such measures as (but not be limited to) -

  1. Reducing speed on traveled roads and ensuring truck beds are covered.
  2. Watering roads regularly with water trucks, sprinklers, etc. or applying dust binders.

1 DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 3.3.18 PROCEDURES MANUAL ISSUE DATE 11/1/2009 SUBJECT Section Road Maintenance and Fugitive Dust Control Reclamation Services/Technical Services Last Revised

  1. Ensuring adequate road surfacing is applied and maintained or paving the road.
  2. On paved roads, using devices (e.g., rumble strips) or cattle crossings on gravel roads to cause material to drop from trucks prior to exiting the permit to the public road and regularly cleaning and removing the mud or debris from the paved road, so it is not tracked from the permit.
  3. Utilizing truck washers to remove mud and debris from the coal trucks/trailers.

Although a road may be paved and in excellent condition, tracking or depositing of mud or material onto offsite areas may still occur. This may be a result of trucks going to and from the pit area. In this situation, the Inspector should note whether mud and material is being picked up in the loading process, and whether material is being deposited onto the paved road or public road after the coal truck exits the pit area. If mud and debris is deposited onto the paved haulroad, the Inspector shall instruct the permittee/operator to remove the material and properly dispose of such. The Division cannot require the company to remove material from the public road.

If the haulroad clean-up work is not initiated or carried out before the Inspector is ready to leave the permit, a notice of violation shall be issued requiring the necessary remedial action. Should the Inspector note deposition of mud and debris onto the public road from the traffic leaving the permit area, a RON may be issued to the permittee. The RON would require the permittee to revise its road maintenance plan to ensure that material was not being tracked from its permit to the degree that it would pose an actual or potential threat to the public health and safety. The Inspector could recommend that the permittee create a central paved area where the coal trucks could be loaded, instead of going to the pit areas.

The soil and sediment collected as part of the road maintenance program should be returned to the permit area for reclamation use.

2

Mine Accident Reporting and Investigation GuidelinesDoc ID: DM-G-16178

Original: 819 words
Condensed: 729 words
Reduction: 11.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 7

MINE EXPLOSIONS; MINE FIRES;

ACCIDENTS Issue Date: 4/10/00 Revised Date: Page 1 of 2 Section 45.1-161.78. A.

Operator’s Reports of Accidents; Investigations;

Reports by Department

Reporting and Investigating an Accident

There are thirteen distinct events that are to be considered as mine accidents under the definition of accident as defined in Section 45.1-161.8 of the MSA. It is the operator’s responsibility to report all accidents as required under Section 45.1-161.78 A of the MSA. Since the definition of accident covers a broad range of incidents and circumstances that may occur at a mine, the inspector should review with the operator requirements of this section with regard to reporting. The inspector should encourage the operator to contact a representative of the Division of Mines promptly when there is a question concerning the reportability of an incident occurring at a mine. The DM representative will help determine whether or not the incident is a reportable accident, and whether or not to dispatch an inspector to the mine to conduct an investigation. The inspector should also review procedures in the DM’s Procedures Manual concerning emergency response in determining when to respond, who to notify, and other responsibilities in responding and investigating accidents.

Unplanned Roof Fall Accident

If a mining machine is caught by falling roof material during development or retreat mining, and no permanent roof supports are affected, no personal injury is involved, ventilation is not impaired, or passage is not impeded, then there is no requirement for the incident to be reported as an accident.

A fall of roof that occurs in a gob area or unsupported development place and progresses into supported active workings dislodging or breaking permanent supports at or above anchorage would be a roof fall accident.

A roof fall accident to be reportable must occur in active areas of the mine. These are areas where miners are normally required to work or travel. If, for example, an evaluation point has been established in a bleeder system and a fall of roof at or above anchorage occurs at a location inby the evaluation point which is not normally traveled by an examiner, then the roof fall would not be an accident.

Should an incident occur at a mine which does not meet criteria to be a reportable accident, but which creates an imminent danger that cannot be removed within a reasonable time, reporting of the incident to the Division of Mines would be required under 45.1-161.249 B. To enforce a reporting requirement, the inspector would be required to confirm an imminent danger and failure to remove the danger within a reasonable time.

Serious Personal Injury

Serious personal injuries are considered accidents which must be reported to the Department by the quickest available means. Any personal injury occurring on mine property having the reasonable potential to cause death must be reported. Most serious head injuries, injuries where the victim has stopped breathing for any period of time and other serious trauma type injuries fit this classification of serious personal injury and upon determination must be reported immediately. Other injuries to personnel may not be so obvious or immediate in onset. Any injury other than a sprain or strain, which results in hospitalization for twenty-four hours or more for medical treatment, must be reported immediately. The operator is responsible for reporting serious personal injuries as soon as determining that the severity and/or status of hospitalization meets the criteria for a serious personal injury. Given that time of hospitalization may not be determined with initial assessment of injuries, the operator should report potential incidents to the Department and not disturb the scene of the accident prior to any accident investigation or without prior approval of the Chief or mine inspector.

Disturbing Scene of an Accident The operator must not disturb the scene of an accident except to:

  1. Render assistance and recover injured persons.
  2. Prevent or eliminate an imminent danger.
  3. Prevent destruction of mining equipment.
  4. Prevent suspension of use of a slope, entry or facility vital to operations.

Actions taken to rescue and recover miners injured and equipment at risk in an accident are not considered disturbing the scene. Use of necessary equipment and materials which alter the scene for this purpose are essential to preservation of life and property. As soon as possible, such changes to the accident scene should be determined and identified to assist with post-recovery accident investigation efforts.

When mine conditions at the scene of an accident deteriorate and pose potential dangers, improvement of roof support, ventilation controls, pumping of water and other necessary actions are appropriate. Again, the operator should identify such actions and changes for purposes of the accident investigation.

When the operator is in doubt as to whether or not the accident scene should be disturbed, prior approval should be received from the Chief or mine inspector.

Gas and Oil Landfarming GuidanceDoc ID: DGO-G-12-02

Original: 977 words
Condensed: 830 words
Reduction: 15.0%

Division of Gas and Oil Landfarming Guidance Document

APPLICABILITY

The following guidance for landfarming of drill cuttings is adopted by the Department of Mines, Minerals and Energy, Division of Gas and Oil to implement the requirements of 4 VAC-150-430. The Department recognizes the potential of landfarming as an alternative means of disposing of drill cuttings generated in the drilling process of gas and oil operations.

This policy shall apply to all requests for variances under Section 4 VAC-150-430.A. and to only those sites under permit with the Department of Mines, Minerals and Energy, Division of Gas and Oil.

DEFINITION

Landfarming for the purposes of this policy is the spreading and mixing of drill cuttings generated by the drilling process on permitted gas and oil operations by the Department of Mines, Minerals and Energy, Division of Gas and Oil.

APPLICATION REQUIREMENTS

Before an operator can proceed with landfarming of drill cuttings, the operator, must have submitted and obtained approval from the Director, an application to conduct landfarming procedures. The application may be submitted either with the initial well application or submitted as a supplement to the operations plan if the decision to landfarm by the operator is not known at the time of the initial well application. The application shall contain, at a minimum, the following information.

 A site plan showing the area to be landfarmed, buffer zones to be maintained, and sediment control structures, should they be required

 Baseline analysis of soils into which cuttings are to be incorporated, method of analysis, and date of sampling

 Analysis of the drill cuttings, method of analysis used and the date of sampling of the drill cuttings or the procedure to be utilized

 Authorization of the landowner to landfarm, if permit is on actively farmed land

 A brief description of procedures, including spreading techniques, incorporation method, erosion and sediment control methods to be used, if required, approximate volume of cuttings to be landfarmed, and objective ratio of cuttings to soil in the zone of incorporation

REQUIRED CONDITIONS FOR LANDFARMING

The following conditions are placed on all approved applications for landfarming.

 Landfarming shall be conducted only once on a permitted site and shall be conducted only for the disposal of drill cuttings generated for that particular permitted site

 Prior to landfarming the drill cuttings, all fluids shall be separated from the cuttings to the extent practicable.

The separated fluids shall be disposed of in accordance with 4 VAC-150-420 of the Regulations for the disposal of fluids.

 Drill cuttings shall be spread evenly over the permitted site and immediately incorporated into the native soil or substitute soil approved by the Director. Incorporation of the cuttings shall be accomplished by using a disc or other mechanical means to ensure thorough mixing of the soil and cuttings. Variances for procedure of spreading of the cuttings may be granted should the applicant through its soil sampling justify a different soil to cuttings ratio needed for the site.

 Landfarming may take place only when the seasonal high water table on the permitted site is at a depth greater than 18”. Verification of the depth to water table must be submitted to the Division no more than seven days prior to the initiation of landfarming. Verification shall include the date and location of borings and the results of the borings.

 A 50’ buffer zone shall be maintained between all property lines and surface water courses from the area proposed for landfarming.

 Should the area to be landfarmed be subject to runoff, all erosion and sediment control structures must be maintained until the site is stabilized.

 Should landfarming be proposed for actively farmed land, either for pasture or crops, the applicant must first obtain a written statement from the landowner consenting to the application of the drill cuttings and the procedures to be utilized. The signed statement must be submitted with the application.  The applicant shall, within 20 days following the incorporation of the drill cuttings, conduct soil samplings of the landfarmed area which is representative of the entire area. Such analysis shall be submitted to the Division. Should the analysis indicate that remedial action is required, the applicant shall immediately begin such action when notified by the Division. The Director may require further testing of the soil should he deem necessary.

TESTING AND STANDARD REQUIREMENTS

All testing procedures and analysis of the tests shall be performed by an independent laboratory utilizing methods which have been approved and are accepted methods of testing by the scientific community and the regulatory bodies for that particular testing requirement. For testing the following methods shall be used.

 Representative soil samples shall be obtained from the area to be landfarmed prior to any ground disturbance activity. Should more than one soil type be present, each type shall be sampled independently and analyzed to provide the baseline data. Should the applicant wish to apply for landfarming of the cuttings after ground disturbing activity has occurred, the applicant may submit an alternative plan for soil sampling to the Director for consideration.

 All drill cuttings shall be analyzed for landfarming suitability and necessary dilution rate.

The following standards shall not be exceeded in the zone of cuttings incorporation.

Parameter

Standard

pH

6-7.5* Oil and Grease

 3.0% Electrical Conductivity

 10 mmhos/cm Sodium Absorption Ratio

 12 Exchangeable Sodium Percentage

 15%

Metals (ppm)

As

 10 Ba

 2000 Cd

 10 Cr

 1000 Pb

 1000 Hg

 10 Se

 10 Ag

 200 Zn

 500

  • The applicant may apply for a variance to the pH standard, should the baseline analysis show that the soil in its natural state differs significantly from the standard.

NOTIFICATION REQUIREMENTS

The applicant shall notify the Division at least 48 hours prior to the commencement of landfarming activity.

Revised 12/02

Fire Prevention and Flammable Material HandlingDoc ID: DM-G-161205

Original: 346 words
Condensed: 343 words
Reduction: 0.9%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY

STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 13

FIRE PREVENTION AND FIRE CONTROL Issue Date: 9/30/02 Revised Date: Page 1 of 1 Section 45.1-161.205.F. Storage and Use of Flammable Fluids and Materials

This section of the MSA addresses standards for the use of oxygen and acetylene bottles and safe handling and storage practices.

When oxygen and acetylene bottles are used underground, work activities can be extensive and require several hours or shifts to complete. While being used, bottles and torches must be located in a safe place to prevent damage to bottle stems and hoses. The hoses and gages do not have to be disconnected while work activities are in progress. The bottles are to be considered in use as long as work is in progress. The bottles would not be considered in use if work activities have been completed and persons performing the work exit the working place. When work activities are completed and the bottles are no longer in use the bottles must be unhooked, capped, and stored as required by the MSA.

When oxygen and acetylene bottles are used at the surface of an underground mine or at surface mines and are adequately secured, the regulators can remain attached for several hours or shifts so that personnel at underground coal mine shops and at surface mines can make use of equipment during a shift or shift work activities.

Because some mine sites operate seven days per week and on all three shifts, gauges and torches can remain attached to bottles from shift to shift or day to day as work activities dictate, though when no one is scheduled to work a shift, the torches and gauges should be disconnected and the bottles capped. Bottles and torches are to be considered in use during each active shift where personnel are in the shop, work area of the shop, or other surface coal mine work location.

See also guidelines for Storage and Flammable Fluids and Materials Article 5, Section 45.1-161.267.L. and Article 15, Section 45.1-161.238.D.

Mining Land Reclamation Violation Clearance ProceduresDoc ID: DMLR-P-2206

Original: 385 words
Condensed: 360 words
Reduction: 6.5%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.06

PROCEDURES MANUAL ISSUE DATE March 12, 1997 SUBJECT Applications with Violations Section Technical/Permitting Last Revised 2-8-93

OBJECTIVE AND INTENT:

To ensure accurate notification and subsequent resolution of outstanding violations and civil penalties prior to approving a new permit, significant revision, or renewal (with significant changes) application.

PROCEDURES:

Violation History Check - Each application shall be subject to an outstanding violation and civil penalty check.

The Review Inspector will initiate the check upon receipt of the application. An additional review will be conducted by the Review Inspector prior to final approval of the application.

The Review Inspector shall initially research the DMLR Company Maintenance Screen (DMLR.CPBS.01) for outstanding violations or civil penalties attributed to the applicant. The violation check shall also include the AVS search (Procedure # 2.2.05).

Notifications - The Review Inspector shall notify the applicant by letter of any outstanding violations or civil penalties linked to the applicant’s operation(s) which must be satisfied before a permit, revision, or renewal application may be approved. The letter shall also identify the applicable fees and bond amounts and liability insurance certification that the applicant must submit.

The letter shall give the applicant 30 days to respond or resolve the outstanding violations or civil penalties, and to submit the required fees, bond, liability insurance certification to the DMLR.

Verification of Violation Responses - In the event the applicant submits a written response contesting the alleged violation(s) or civil penalty debt, the Review Inspector shall forward a copy to the Enforcement Secretary and Assessment Officer. These persons will respectively determine the applicant’s responsibility for the enforcement or penalty obligation and communicate such to the Review Inspector.

Should the applicant’s response satisfactorily excuse or release it from the outstanding obligation, the Enforcement Secretary or Assessment Officer shall send a memo to the Review Inspector acknowledging such.

The enforcement and assessment files shall be concurrently updated to release the obligation. If the written response is unacceptable, the Review Inspector shall notify the applicant that the permit cannot be issued until the matter is satisfactorily resolved.

Files - All correspondence concerning the application, any written response by the applicant, AVS recommendation, and the violation or penalty check(s) will be retained with the appropriate Permit File or Pending File in the Central File Room. 1

Mineral Mining Training & Certification ProceduresDoc ID: DMM-P-51

Original: 1,119 words
Condensed: 852 words
Reduction: 23.9%

DIVISION OF MINERAL MINING PROCEDURE NO. 5.1.00 PROCEDURE MANUAL ISSUE DATE 09/12/2002 Training & Certification Section Training & CertificationSUBJECT of Mineral Mining Industry Personnel Last Revised

OBJECTIVE AND INTENT

To establish procedures to schedule, administer, and evaluate certification and other training courses.

PROCEDURES

Schedule

Certification Courses

  • Certification courses that are covered by these procedures include Surface Foreman, Surface Blaster, Underground Foreman, Underground Blaster, Mineral Mining Electrician (electrical repairman), and General Mineral Miner.
  • The Safety Engineer prior to May 30th of each year shall establish the fiscal year calendar schedules (initial and renewal) with tentative course dates and locations.

The Training & Certification (T&C) Section along with the appropriate facilities secures tentative dates and locations for the fiscal year at this time. A supplement to the renewal schedule is prepared and distributed by February 1 of each year for the second half of the calendar year.

  • Course locations shall include public facilities, the DMM office, and the Community College system.
  • Instructor assignments shall be made by the Mine Inspector Supervisors based upon inspector workload, location of course, etc. This is then forwarded to the Office Services Specialist.
  • Once instructor(s) are assigned, the Mine Inspector Supervisor shall notify the Mine Inspectors of the assignment. Any schedule conflicts must be discussed and changes made if necessary.
  • Training schedules shall be updated for each fiscal year and mailed to all mine operators, registered contractors, and the T&C Contact Listing by the Office Services Specialist no later than June 1st of each year.
  • The Office Services Specialist (T&C Section) shall assign a roster number to the various scheduled classes.
  • The lead instructor shall be responsible for picking up class materials from the DMM office. Arrangements may also be coordinated with the Safety Engineer, Office Services Specialist, or other instructors.
  1. 1-1DIVISION OF MINERAL MINING PROCEDURE NO. 5.1.00 PROCEDURE MANUAL ISSUE DATE 09/12/2002 Training & Certification Section Training & CertificationSUBJECT of Mineral Mining Industry Personnel Last Revised

General Mine Safety and Annual Refresher Training Courses

  • Mine Inspectors shall notify the Safety Engineer of additional training requests made by an operator. At that time, it will be determined if other assistance from other Mine Inspectors or the Safety Engineer is needed.
  • The Safety Engineer shall coordinate the training calendar to ensure that materials are available and there are no schedule conflicts.
  • Following the guidelines in the Education & Training Plan, the Safety Engineer or the Mine Inspector Supervisor shall notify the Mine Inspector as soon as possible of any potential problems. The Safety Engineer and the Mine Inspector shall coordinate to determine whether the course can be available to other operations or open to only the company making the request. This determination will be based upon the mine plan, location, number of students, course type, and total course hours.
  • The Mine Inspector shall confirm the date(s) and location of the course with the operator making the training request. It shall be the operator’s responsibility to ensure adequate training facilities are available. DMM may refuse to provide the course if proper facilities are not obtained (e.g., conducting a course in a “shop setting” is not appropriate.)
  • The instructor shall be responsible for securing training aids for the course from the DMM office.
  • The instructor (mine inspector) shall conduct the course in accordance with DMM programs and procedures.

Course/Training Rosters

  • A class roster of registered applicants shall be generated from the Mineral Mining computer system for each certification course following the registration deadline date and sent to the appropriate Mine Inspector. The Mine Inspector shall be responsible for generating a class/training roster for general mine safety and annual refresher training.
  • The Mine Inspector shall verify the class roster at the beginning of each certification course/training session. Each participant shall sign the class roster. Upon completion of the course or training, the roster shall be turned in to the T&C Section along with training aids.
  • When the T&C Section receives the completed class roster, the Office Services Specialist shall complete a certification exam cover sheet (for certification courses, only) and staple the two together. Certification course rosters and exam cover sheets shall be stapled together and filed. All other rosters (AR, GMS, etc.) shall
  1. 1-2DIVISION OF MINERAL MINING PROCEDURE NO. 5.1.00 PROCEDURE MANUAL ISSUE DATE 09/12/2002 Training & Certification Section Training & CertificationSUBJECT of Mineral Mining Industry Personnel Last Revised

filed with the grant records.

  • The instructor (mine inspector) shall request that all students complete a Course Evaluation sheet. The instructor shall review and return them to the T&C Section along with the training aids. The Course Evaluation forms are given to the Safety Engineer for review and action if necessary.
  • The instructor (mine inspector) shall enter the class information in the E&T data collection system and complete an inspection report identifying, the training session under the TR (training) code. Once the class data is uploaded/downloaded, a “class #” is assigned. This number is used on the related inspection report. Mine Inspectors will enter the training data on the computer system and place the “Class #” on the inspection report.

Course Evaluation

  • A Course Evaluation form shall be distributed to and completed voluntarily by each student attending a DMM certification or safety course. The established rating scale is numeric ranging from 1 through 5:

1 indicates a poor score 3 indicates an average score 5 indicates an excellent score

There is also a section on the evaluation form for students to write comments and suggestions. The purpose of this Course Evaluation form is to measure the quality of both the course and instruction.

  • Once completed at the end of the course by the applicant, the evaluation form shall be collected and reviewed for comments by the instructor(s). The forms shall then be submitted to the T&C Section with the other course materials.
  • The Safety Engineer shall review the Course Evaluation forms. Students’ comments and suggestions noted on the forms shall be utilized if appropriate.
  • If a course or instructor receives an average rating of “3” of less, the Safety Engineer shall contact the instructor to determine if any unusual circumstances or problems existed while conducting the courses.
  • After discussing the rating with the instructor, the Safety Engineer and the instructor shall mutually agree on an action plan that will eliminate any problem in the future, or at least reduce the potential of it occurring again.
  • The Safety Engineer, in coordination with the Mine Inspector Supervisors, shall occasionally monitor courses provided by the instruction staff for evaluation
  1. 1-3DIVISION OF MINERAL MINING PROCEDURE NO. 5.1.00 PROCEDURE MANUAL ISSUE DATE 09/12/2002 Training & Certification Section Training & CertificationSUBJECT of Mineral Mining Industry Personnel Last Revised

purposes. This monitoring will occur periodically, as workloads and schedules allow or as problem areas are identified.

  1. 1-4

Guidelines for Contractor Information in Public NoticesDoc ID: DMLR-M-5-93

Original: 70 words
Condensed: 70 words
Reduction: 0.0%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 5-93

Contractor Information in Public Notices (issued 6/14/93, updated 10/1/01)

Information that a contractor will be doing the actual mining on a proposed mining operation should be included in the public notice required under §4 VAC 25-130-773.13 of the regulations. The information should also provide the contractor’s name and address.

Underground Diesel Engine Mechanic CertificationDoc ID: DM-C-UDEM

Original: 365 words
Condensed: 320 words
Reduction: 12.3%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

UNDERGROUNDDIESELENGINEMECHANIC

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Underground Diesel Engine Mechanic This certification authorizes the holder to: ƒ Perform maintenance work on diesel engines in underground coal mines as recommended by the manufacturer of the engine.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Six months experience as an underground diesel engine mechanic or complete a diesel engine mechanic course approved by the Division of Mines, or possess appropriately related work experience approved by the Chief of the Division of Mines ƒ Hold a General Miner Certification ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination

ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Emissions Testing (ET) 20 ƒ Fuels and Emissions (FM) 20 ƒ Internal Combustion (IC) 20 ƒ Preventive Maintenance (PM) 20 ƒ Federal Regulations (FR) 20 ƒ Virginia Rules & Regulations (VR) 20 ƒ First Aid (FA) 20

ƒ Records Weekly Examination (WE) Gas Detection - practical demonstration

  • continued on back-RECOMMENDED REFERENCE/STUDY MATERIALS: g Coal Mine Safety Laws of Virginia g First Aid for Miners Study Guide g BCME Requirements

g Title 30 CFR Parts 36, 75 g Rules & Regulations Governing the Use g Diesel Engine Mechanic Study Guide

of Diesel Powered Equipment g Practical Ways to Reduce Exposure to Diesel in Underground Coal Mines Exhaustion in Mining – A Toolbox g Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 4 hours annual continuing education required to update this certification.

Revised 06/02/08

Mining Permit Temporary Cessation ProceduresDoc ID: DMLR-P-2304

Original: 1,063 words
Condensed: 858 words
Reduction: 19.3%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.04

PROCEDURES MANUAL

ISSUE DATE

07/06/2013 SUBJECT Temporary Cessation Section Enforcement Last Revised 08/18/00

OBJECTIVE AND INTENT:

To ensure the Field Inspector or Supervisor inspects and monitors a permit in temporary cessation status, to minimize adverse impacts to the environment or threat to the public health and safety.

GENERAL:

4 VAC 25-130-816.131 and 4 VAC 25-130-817.131 of the regulations require the permittee to notify the Division whenever it intends to temporarily cease or abandon mining for a period of 30 days or more.

The Inspector shall issue appropriate enforcement action (Procedure #3.3.01) when the permittee fails to properly notify the Division of its cessation of mining operations.

Temporary cessation status may be granted for a portion of the permit.

If the permittee intends to reactivate mining operations on a portion of the area in temporary cessation, which may alter the approved operations plan, the Inspector shall instruct the permittee to submit an electronic permit revision application (DMLR-PT-034e) to the DMLR, which explains when and what mining activities will resume.

The Division’s approval of temporary cessation status does not relieve the permittee of the obligation to comply with the provisions of the approved permit. Temporary cessation shall not be approved beyond the permit expiration date.

PROCEDURES:

The Inspector must realize that prior to halting mining operations; the permittee is responsible for contacting the Inspector to determine what must be done to place the operation in temporary cessation status. The Inspector shall instruct the permittee to submit a completed “Notice of Temporary Cessation” form (DMLR-ENF-220 E-form).

After the permittee prepares the material required by the “Notice of Temporary Cessation”, the Inspector shall review it for completeness and adequacy. The Inspector shall list any comments or concerns about the request in the comment section of the DMLR-ENF- 220 E-form, along with a recommendation to approve or disapprove the request. In conjunction with the review, the Inspector shall conduct a complete inspection of the permit site to ensure the permittee has complied with the applicable performance standards and conditions of the approved detailed plans.

After review of the DMLR-ENT-220 E-form and complete inspection the Inspector shall:

  • Approve the E-form if all comments and recommendations have been appropriately addressed
  • Reject the E-form and provide any comments or recommendations in the comment section. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.04

PROCEDURES MANUAL

ISSUE DATE

07/06/2013 SUBJECT Temporary Cessation Section Enforcement Last Revised 08/18/00 The Field Inspector shall track the temporary cessation by the enforcement computer record system. The Inspector shall periodically remind the permittee of the temporary cessation expiration date via the quarterly complete inspection report (see Procedure #3.3.01).

Inspection - Frequency - If the entire permit site is in temporary cessation, the Inspector shall conduct at least one complete inspection per calendar quarter. However, should only a portion of the permit site be in temporary cessation, the Inspector shall inspect the permit site as an active operation (see Procedure #3.3.01).

Permits Bonded under the Coal Surface Mining Reclamation Fund:

In addition to the above, the Inspector should note that a permittee participating in the reclamation fund may temporarily cease mining operations for a period of up to 6 months by submitting the “Notice of Temporary Cessation” E-form to the DMLR (4 VAC 25-130-801.12(g)).

If the permittee does not intend to resume mining operations within 6 months, the Inspector shall inform the permittee that a revision to the permit (with supporting documentation for the extension) must be submitted to the Division. The revision must be approved by the Division prior to expiration of the 6-month temporary cessation period.

The permittee’s revision package must demonstrate that:

  • rough backfilling and regrading and seeding was completed on all disturbed areas to the extent that the remaining performance bond coverage is sufficient to complete reclamation in the event of bond forfeiture, or
  • the permittee will submit the additional bond amount that is equal to the estimated cost of reclamation for the area in temporary cessation. The cost estimate of reclamation shall be determined on the same basis and manner as operations submitting performance bonds under 4

VAC 25-130-800.14.

The revision shall be submitted on electronic DMLR-PT-034e. The application must include appropriate maps and cross-sections. It should provide (but not be limited to) the calculations used to determine the cost estimate for overburden handling and transportation in reclaiming the disturbed areas; removal of sediment control structures; reclamation of roads; completion of fills; water quality monitoring; and development of the post mining land use.

After the Inspector reviews the cost estimate revision, the “Application Checklist & Routing Slip” should include a notation of “Priority Review” and list the 6 month expiration date.

The Review Inspector will coordinate the permitting and technical staff's revision review. In the event additional bond is required for the site, the Review Inspector shall notify the permittee by letter 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.04

PROCEDURES MANUAL

ISSUE DATE

07/06/2013 SUBJECT Temporary Cessation Section Enforcement Last Revised 08/18/00 (with copy to the Field Inspector) and include a due date of 14 days from notification for submittal of the additional bond.

If the fees owed are not submitted by the due date, an e-mail will be automatically generated one day after the due date notifying the inspector that the fees are now overdue.

If the additional bond is not submitted by the due date, the Field Inspector shall issue enforcement action (see Procedure #3.3.01) to the permittee requiring the reclamation of the disturbed permit area.

Should the permittee resume mining operations, the permittee should notify the Field Inspector by letter explaining the site is re-activated and request any addition bond posted for the Temporary Cessation be released. The Field Inspector should initial the letter confirming the site is re-activated and forward the letter to the Division’s Big Stone Gap office. If the letter is submitted by e-mail, the Field Inspector may confirm the re-activation in the e-mail forwarding the confirmation to the Reclamation Program Manager.

If the permittee completes final reclamation of the permit site, the Inspector shall document the activity in an inspection report, with copy to the Reclamation Program Manager.

The Reclamation Program Manager shall release the excess bond amount coverage for the temporary cessation area in accordance with 4 VAC 25-130-801.12(g). (Note: Bond release procedures do not apply to the excess bonds returned under this procedure.) 3

Storm Water Discharge Permit RequirementsDoc ID: DMLR-M-8-92

Original: 148 words
Condensed: 140 words
Reduction: 5.4%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 8-92

NPDES Permits – Storm Water Discharges (issued 9/25/92, updated 10/1/01)

Storm water discharges will be addressed in the NPDES permit application (DMLR-PT-128). The application must include, at the minimum, monitoring representative of the entire site for 1 storm event. Applications for proposed operations should use estimated parameter values based on discharges from operations similar in nature and submit site specific storm water analysis for discharges when the operation starts (Terms of Issuance). Operations with multiple discharges may use representative monitoring sites for pond and haulroad discharges that are substantially identical.

Storm water analyses (in addition to the coal industry parameters of pH, TSS, Fe, & Mn) will also monitor the parameters of oil and grease; COD; BOD5; total phosphorus; total Kjeldahl nitrogen; and nitrate plus nitrite nitrogen.

Biosolids Use Guidelines and RegulationsDoc ID: DMLR-M-6-95

Original: 263 words
Condensed: 255 words
Reduction: 3.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 6-95 Issue Date: April 21, 2008 Subject: Biosolids Use Guidelines (issued 8/9/95, updated 10/1/01 & 04/21/08) Legislation passed by the General Assembly (HB 2802, Acts of Assembly c. 881, 2007) and signed into law by the Governor, amended § 64.1-44.19:3 and § 32.1-164.2 through § 32.1-164.7 of the Code of Virginia providing for transferring the biosolids use permitting authority and the Biosolids Use Regulations from the Virginia Department of Health (VDH) to the Department of Environmental Quality (DEQ) . The transfer became effective January 1, 2008.

The Division will implement the requirements of §12VAC5-585 et seq. for the use of biosolids on permits issued under the Virginia Coal Surface Mining Reclamation Regulations (4VAC25-130-700.1 et seq.). The Biosolids Use Guidelines (http://www.dmme.virginia.gov/DMLR/docs/downloads.shtml) are to be used in conjunction with the aforementioned regulations. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Bond Forfeiture Procedures in Mineral MiningDoc ID: DMM-P-211

Original: 727 words
Condensed: 531 words
Reduction: 27.0%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.11.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Recommending Bond Forfeitures Section Enforcement Last Revised 09/21/95

OBJECTIVE AND INTENT:

To provide for consistent and effective methodology in processing possible bond forfeitures with clean communications and coordination between Enforcement Section, Permitting Section, and the Special Projects Section.

PROCEDURES:

  • If a Notice of Non-compliance has not been complied, the Mine Inspector will immediately contact his supervisor for a determination of appropriate action to be taken.
  • If it is determined that bond forfeiture is to be recommended, the Mine Inspector will advise the operator of the recommendation to forfeit the bond and explain the operators right of appeal if such action in taken.
  • An Inspection Report will be issued documenting the request for bond forfeiture. Copies will be distributed in accordance with DMM Policy 2.7.
  • A Fact Sheet will be submitted to the DMM office provided a chronology of all relative information concerning the violation, including:

∗ Date of issuance and expiration of the Special Order; ∗ Date of issuance and expiration of the Notice of Non-compliance; ∗ List of work items complied; ∗ List of work items not complied; ∗ All other pertinent information which may be used in court or at hearings.

  • The DMM Director may authorize the forfeiture based upon facts submitted. If authorized, the Director will send a letter of notification to the operator informing him of his decision.
  • The Special Projects Manager will develop a plan of reclamation with a cost estimate for the site with the assistance of the area mine inspector and other Division staff.
  • Copies of the letter of notification as well as other documents related to the forfeiture and the permit file will be given to the Special Projects Manager by the Permit Section/ Program Support Technician.
  • The DMM Director will secure the cash bonds, certificates of deposit, or surety bonds associated with the site.
  • Upon notification from the DMM Director, a budget form will be completed by the Special Projects Manager and sent to the DMME Budget Analyst, along with a letter stating the estimated additional moneys that will need to be transferred from the Minerals Reclamation Fund to the Bond Forfeiture Fund to perform the reclamation.
  • In cases where the permitee is not a member of the Minerals Reclamation Fund, the Special Projects Manager will send the DMME Budget Analyst a letter stating the estimated additional moneys that will need to be transferred from the Orphaned Land Fund to perform the reclamation.
  1. 11-1DIVISION OF MINERAL MINING PROCEDURE NO. 2.11.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Recommending Bond Forfeitures Section Enforcement Last Revised 09/21/95
  • The Special Projects Manager will give the Permit Section/Program Support Technician copies of the budget form and letter. Upon receiving a copy of the Agency Transfer Voucher from the DMME Budget Analyst, the Program Support Technician will prepare a receipt on the Mineral Mining System showing that moneys were transferred out of the Minerals Reclamation Fund, or Orphaned Land Fund to the Bond Forfeiture Fund.
  • The Special Projects Management Section will contract out the bond forfeiture reclamation project using the standard orphaned land reclamation procurement procedures.
  • The Special Projects Manager will submit a revised budget form to the DMME Budget Analyst and the Permit Section/Program Support Technician when projects are procured showing the amended costs.
  • Depending upon an over or under estimate of the budget, the Special Projects Manager will transfer excess moneys to the appropriate code.
  • Final payment is made to the contractor when a final budget form is submitted by the Special Projects Section to the DMME Budget Analyst to finalize the project on the DMME Budget Tracking System and the books are closed on the project.
  • The Permit Section Program Support Technician will receive a copy of the final budget form from the Special Projects Manager and prepare the appropriate receipt. Copies of the receipts and other correspondence related to the bond forfeiture will be given to the Special Projects Manager by the Administrative and Permitting Sections.
  • The Special Projects Manager and the DMM Director will review the reclamation file and related costs to determine if actions will be taken to collect reclamation costs and expenses in excess of the operator’s posted bond.
  • If it is determined that collections will be pursued, the DMM Director will coordinate the collection efforts through the Assistant Attorney General representing DMME.
  1. 11-2

Mineral Mining Inspection ProceduresDoc ID: DMM-P-24

Original: 234 words
Condensed: 160 words
Reduction: 31.6%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.4.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Inspections Section Enforcement Last Revised 09/21/95

OBJECTIVE AND INTENT:

To assure consistent application of DMM law and regulation in the inspection of mineral mining operations.

PROCEDURES:

  • Mines will be inspected for safety and health in accordance with the requirements of the Mineral Mine Safety Laws of Virginia and the Safety and Health Regulations for Mineral Mining, and at a frequency as outlined in DMM Policy 2.5.
  • Mines will be inspected for environmental compliance and reclamation in accordance with Mineral Mining Law and Regulations, Chapter 16 and at a frequency as outlined in DMM Policy 2.6.
  • Immediately upon arrival at the mine site, the Mine Inspector will make his presence known to the official in charge.
  • Prior to conducting a regular safety inspection, the Mine Inspector will review all mine records (ex. pre-shift, mobile equipment maintenance, blaster’s logs, accident reports). When records are not available on site the inspector will contact the mine operator to ascertain the required information prior to completion of the inspection.
  • Reclamation renewal inspections will be made according to the renewal policy, DMM Policy
  1. 2.
  • Each inspection will be documented on an Inspection Report (DMM-104) and contain all information as outlined in DMM Policy 2.7.
  • When conducting an inspection, enforcement action will be taken on any violation present during that day or that portion of the inspection.
  1. 4-1

Permit Renewal and Progress Reporting ProceduresDoc ID: DMM-P-42

Original: 1,360 words
Condensed: 851 words
Reduction: 37.4%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.2.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Permit Renewal and Section Permitting Progress Reports Last Revised

OBJECTIVE AND INTENT:

To ensure consistent and timely processing of permit renewals.

PROCEDURES;

  1. The Program Support Technician for the Permitting Section generates renewal letters off of the Mineral Mining System notifying the mine operator of his upcoming renewal. This Renewal Special Order Notice (DMM-106) is mailed to the operator at least 90 days prior to the permit anniversary date.
  1. Renewal Special Order Notice will instruct the operator to submit a Yearly Progress Report (DMM-105), progress maps with Map Legend (DMM-109), and License Renewal Application (DMM-157) to the DMM Mine Inspector 60 days prior to the anniversary date.
  1. The Mine Inspector, will conduct site inspection and check the areas disturbed, regraded, and vegetated on the site against those indicated on the progress maps, and make sure that the appropriate color code or graphic symbol is used for identification of these areas. The Mine Inspector will review all permit renewals and make a recommendation as to renewal or denial on the Inspection Report (DMM-104). As part of the review process the Mine Inspector will log the renewal onto the application tracking system (DMM Procedure 4.16.00), evaluate the effectiveness of the current mining plan, notify the operator of any required changes and review the enforcement file for outstanding violations, special orders, non-compliance or tonnage reports that may be relevant to the permit renewal. The Mine Inspector will conduct the site visit, review, and will return the renewal package to the operator for mailing to the DMM office with appropriate fees or for correction as noted in writing from the mine inspector, no later than 30 days prior to the anniversary date.
  1. In cases where the operator elects not to submit maps due to no change in the operation, a statement of certification that no changes have occurred as prescribed in the Mineral Mining Regulations will be put on the Progress Report or included on a separate sheet and signed by the operator.
  1. If the Inspector requires the operator to correct or revise the renewal package, the inspector will allow the operator to make the correction, meet with the Mine Inspector, if necessary, and mail the renewal and fees to the DMM office prior to the anniversary date.
  1. The Mine Inspector will signify approval of the renewal package by initialing and dating the permit renewal documents.
  1. The Mine Inspector will inform the operator that the renewal package must be submitted no later than 10 days prior to the anniversary date. If more than 10 days late, the permit revocation process will begin (see DMM Procedure 2.11.00).
  1. The Mine Inspector will inform the operator that he must mail the renewal package including fees to the DMM office. DMM Mine Inspectors cannot accept or process the required fee.
  1. If renewal materials are not received in the DMM office by the anniversary date of the permit, the Mine Inspector will issue a Notice of Non-Compliance (DMM-110) and a Closure Order to the operator requiring that these materials be submitted within 10 days following the issuance of the Non-Compliance and Closure Order.
  1. 2-1 DIVISION OF MINERAL MINING PROCEDURE NO. 4.2.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Permit Renewal and Section Permitting Progress Reports Last Revised

10. If the anniversary materials are not submitted by the expiration date of the Notice of Non-Compliance, then bond forfeiture proceedings will be initiated (see DMM Procedure 2.11.00).

11. Permit anniversary materials will be submitted and fees paid until such time as reclamation is approved for bond release. License renewal and license fees may be terminated once the initial site reclamation is completed. (See DMM Policy 4.15.00 Termination of License Requirement.)

PROGRESS REPORT REVIEW

  1. The Program Support Technician, in the Permitting Section, will pull the last progress map, amendment map or relinquishment map if the permit has been amended since the last anniversary date.
  1. The Program Support Technician will check the permit number, total acreage covered by permit, and the outline of the permit boundaries, comparing the new progress map with that of the previous year.
  1. The total number of acres disturbed on the last Progress Report plus the total number of acres disturbed during the last 12 months on the new Progress Report should equal the total number of acres disturbed since the original issuance of the permit. Subtract the total number of acres disturbed on the new Progress Report from the total number of acres covered by the permit to determine the number of undisturbed acres remaining on the original permit.
  1. Renewal fees are to be paid on the amount of land to be affected by the total operation in the ensuing year (disturbed land plus land to be disturbed in the next 12 months.)
  1. The Program Support Technician will verify the current permit map, Map Legend, License Renewal Application, Progress Report, and computer record for accuracy and consistency. The Program Support Technician will also verify that the Mine Inspector has reviewed and initialed the renewal package.

Acreage covered by the permit must be equal on all forms and in the computer file. If not, the following actions need to be taken:

  • Check for amendment/release approved after the renewal notice was mailed to the operator. If approved amendment(s) are found, verify acreage.
  • Operator wants to amend acreage but has not followed procedure. See DMM Policy 4.6.00 and return renewal materials to Mine Inspector to provide operator assistance. Monies are to remain in the office and are to be handled in accordance with DMM Policy 1.12.00 Receipts.
  • Acreage under bond the previous year must be equal on the new progress report and in the computer file. If not check for amendments/releases approved after the renewal notice was mailed to the operator and verify acreage.
  • Additional acreage to be affected on the progress report must be equal to the map legend acreage to be disturbed plus the difference in the current permit map disturbed acreage and the new permit map disturbed acreage. Ex:

DMM-105 DMM-109 DMM-109 DMM-109 Additional AC = To Be Dist + Dist on - Dist on Next 12 Months New Map Current Map

  1. 2-2 DIVISION OF MINERAL MINING PROCEDURE NO. 4.2.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Permit Renewal and Section Permitting Progress Reports Last Revised

Example: 12 AC= 10 + ( 91 - 89 )

  • Acres vegetated in the last 12 months and shown on the Yearly Progress Report must be accompanied by a Bond Release Inspection (DMM-104d) in order to be subtracted from the total renewal acreage on the progress report form or to be subtracted from the permitted or disturbed acreage on the map legend. (See DMM Policy 4.4.00 for Bond Reduction and Release.)

Progress Report Review - Permitting Section

  1. The Program Support Technician will refer to the Mineral Mining System Manual/Permitting Section Renewal Package on procedures to follow in order to generate renewal forms to be mailed to operators and to generate listings to be mailed to the Mine Inspectors. Renewal notices will be mailed 90 days before anniversary date.
  1. Upon receipt of the renewal package in the DMM office, the Program Support Technician will review the package for completeness and correct fees. If the package is complete, the Program Support Technician renews the permit and a letter is sent to the operator stating such. The Program Support Technician keys the approved renewal into the Mineral Mining System along with any updates. If the package is not complete, the Program Support Technician returns the renewal package to the Mine Inspector advising him of additions or corrections which must be made to the package. These functions are to be completed by the Program Support Technician within 2 days.
  1. Amendments to add unpermitted acreage to the permit area will not be placed on the renewal maps.

New maps and an amendment form must be submitted separately to amend new areas to the permit. (See DMM Policy 4.6.00 for amendment process.)

  1. The Program Support Technician, Permitting Section, will notify the Mine Inspector and the Mine Inspector Supervisor of any renewal that has not been received by the anniversary date. A memorandum will be sent as notification.
  1. 2-3

Liability Insurance Verification for Mined Land PermitsDoc ID: DMLR-P-3314

Original: 207 words
Condensed: 160 words
Reduction: 22.7%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.14

PROCEDURES MANUAL ISSUE DATE August 18, 2000 SUBJECT Certificate of Liability Insurance Section Enforcement Last Revised 3-12-97

OBJECTIVE AND INTENT:

To ensure the Division has an accurate and current record of the permittee’s liability insurance coverage required by 4 VAC 25-130-800.60(b) of the regulations and 45.1-235G and 45.1-258E of the Act.

PROCEDURES:

When conducting an inspection, the Field Inspector shall review the recent inspection reports (DMLR-ENF-044S), permit file, and review the DMLR Enforcement menu screen (Permit Base) for the liability insurance policy’s expiration date. The Inspector will determine if the liability insurance coverage required by the regulations and the Act is still in force or is close to expiring.

If the Inspector’s reports, permit file, and permit base data file indicate that the policy will expire within the next 30 to 60 days, the Inspector shall instruct the permittee (via the inspection report narrative) to submit a renewal certificate of the required liability coverage to the Division no later than the date the current coverage is set to expire.

Should the permittee fail to submit the renewal certificate to the Division by the coverage’s expiration date, the Inspector shall take appropriate enforcement action in accordance with Procedure #3.3.01. 1

Preparation Plant Foreman Certification GuideDoc ID: DM-C-PPF

Original: 341 words
Condensed: 299 words
Reduction: 12.3%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

PREPARATIONPLANTFOREMAN

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Preparation Plant Foreman This certification authorizes the holder to: ƒ Perform foreman and/or examiner duties at preparation plant as required by State and Federal Laws and Codes ƒ Record the findings on on-shift examinations NOTE: ƒ This certification may be used at Docks.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Five years of coal mining experience, at least one year shall be at a preparation plant or appropriately related work experience approved by the Chief of the Division of Mines ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable) ƒ Hold a General Miner Certification as part of this certification (A card will be issued)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination

ELEMENTS OF EXAM NUMBER OF QUESTIONS Preparation Plant Examination 100 ƒ Electrical and Equipment (EE) 20 ƒ First Aid (FA) 20 ƒ Federal Regs (FR) 20 ƒ Mine Foremanship (MF) 20 ƒ Surface Mining Laws (MP) 20 ƒ Gas Detection - practical demonstration ƒ Records – Practical – Daily and On-Shift Examination (P/O)

RECOMMENDED REFERENCE/STUDY MATERIALS: „ Title 30 CFR Part 50, 71, 77 „ Preparation Plant Foreman Study Guide „ Coal Mine Safety Laws of Virginia „ First Aid for Miners Study Guide „ BCME Requirements „ Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

Revised 06/02/08

Virginia Mine Safety Map RequirementsDoc ID: DMM-M-12-94

Original: 1,767 words
Condensed: 1,201 words
Reduction: 32.0%

MEMORANDUM

To: Mineral Mine Operators

From: Conrad T. Spangler

Subject: Mine Maps

Date: December 9, 1994

The Virginia Mine Safety Act requires each mineral mine operator make an accurate scale map of the mine workings. The original map must be kept by the mine operator, with a copy furnished to the Division of Mineral Mining. The mine safety map requirements are found at Section 45.1-161.64 of the Code of Virginia.

These requirements are in addition to the reclamation map requirements at Section 45.1-181 of the Code of Virginia and Part IV of the reclamation regulations.

In order to minimize burden on operators, mine safety maps will only need to be furnished to DMM with annual permit/license renewal documents. Updates will be required every 6 months thereafter only if there are changes in the information that must be shown on the map.

Operators also have the flexibility either to submit separate safety and reclamation maps, or combine the requirements of the Virginia Mine Safety Act and the Mineral Mining Reclamation law in one map.

The Virginia Mine Safety Act provides that, with limited exceptions, mine safety are to be held confidential (subsections 45.1-161.64 B and E). There are no confidentiality provisions for reclamation maps.

If an operator elects to submit one map to satisfy both the mine safety and reclamation map requirements, then DMME cannot hold the combined map confidential. The operator will be deemed to have waived his right to map confidentiality by virtue of his election to make the joint map submittal. If an operator submits separate mine safety and reclamation maps, then DMME can hold the safety map confidential. Such mine safety maps should be clearly marked "Mine Safety Map—Confidential."

To assist operators in meeting the map requirements, DMM has drafted the attached list of features to be included (i) on a mine map submitted for the Mine Safety Act requirements only, or (ii) on a mine map submitted for both mine safety and reclamation requirements.

If you have any questions please contact Mark Goff at (434) 951-6313.

Attachments

INFORMATION FOR MINE SAFETY MAPS

CODE OF VIRGINIA § 45.1-161.64.B

Surface Mineral Mine (Quarries) A. Location of pits, permit boundaries and property lines B. Cross-section of active walls showing height and width of benches—typical C. General inclination of rock strata where applicable D. Location of explosive storage areas E. Location of fuel storage areas and containment structures F. Location of access and haul roads G. Location of water impoundments H. General location map

I.

Map scale to be 100 to 400 feet to the inch and stated on the map

J.

Identify the USGS quadrangle K. Map legend to be provided and affixed to the map L. North arrow M. Date map was prepared N. Location of electrical substations O. Property lines of the tract being mined that are within 1,000 feet of any part of the mine workings P. Outcrop of the mineral where applicable on the tract being mined that are within 1,000 feet of any part of the mine workings

Surface—Open Pit Mineral Mines (sand and gravel, etc.) A. Location of pits, permit boundaries and property lines B. Height of active faces in the pit—maximum C. Location of fuel storage areas and containment structures D. Location of access and haul roads E. Location of water impoundments F. General Location map G. Map Scale to be 100 to 400 feet to the inch and stated on the map H. Identify the USGS quadrangle

I.

Map legend to be provided and affixed to the map

J.

North arrow K. Date map was prepared L. Location of electrical substations M. Property lines of the tract being mined that are within 1,000 feet of any part of the mine workings N. Outcrop of the mineral where applicable on the tract being mined that are within 1,000 feet of any part of the mine workings.

Underground Mineral Mine A. Location of all openings, excavations, shafts, slopes and entries B. Location of main travelways, headings, rooms, pillars and airways with darts or arrows to show direction of air flow C. Location of abandoned, collapsed areas and filled areas of the underground workings D. Location of flooded underground workings and sumps E. Location of escapeways F. Location of shop areas G. Location of mine ventilation fans H. General inclination of rock strata where applicable

I.

Location of explosives storage areas

J.

Location of property lines of the tract being mined that are within 1,000 feet of any part of the mine workings K. General location map L. Map scale to be 100 to 400 feet to the inch and stated on the map M. Identify the USGS quadrangle N. Map legend to be provided and affixed to the map O. North arrow P. Date map was prepared Q. Location of electrical substations R. Outcrop of the mineral where applicable on the tract being mined that are within 1,000 feet of any part of the mine workings INFORMATION FOR COMBINED SAFETY/RECLAMATION MAP CODE OF VIRGINIA §§ 45.1-161.64.b AND 45.1-181; AND

§ 4 OF THE MINERAL MINING RECLAMATION REGULATIONS

Surface Mineral Mine (Quarries) A. Location of pits, permit boundaries, property lines and the names of property owners within 100 feet of the affected area B. Area to be mined, total number of acres involved in the affected area C. Drainage plan, including direction of flow, constructed drainways and sediment control structures, natural waterways used for drainage, and stream and tributaries receiving the discharge unless shown as a separate drainage map.

D. Typical cross-section of activity walls showing height and width of benches E. General inclination of rock strata where applicable F. Location of explosive storage areas G. Location of fuel storage areas and fuel containment structures H. Location of access and haulroads

I.

Location of water impoundments

J.

Location and names of all streams, creeks and other bodies of public water on the affected area and within 500 feet K. Location and names of roads, buildings, cemeteries, oil and gas wells, and utility lines on the affected area and within 500 feet L. General location map M. Map scale to be 100 to 400 feet to the inch and stated on the map N. Identify the USGS quadrangle O. Date map was prepared P. Prescribed map legend to be firmly affixed Q. Prescribed color code R. North arrow S. Location of electrical substations T. Property lines of the tract being mined that are within 1,000 feet of any part of the mine workings U. Outcrop of the mineral where applicable on the tract being mined that are within 1,000 feet of any part of the mine workings

Surface Mineral Mines (Open Pit Sand & Gravel, etc.)

A.

Location of pits, permit boundaries, property lines and the names of property owners within 100 feet of the affected area

B.

Area to be mined, total number of acres involved in the affected area

C.

Drainage plan, including direction of flow, constructed drainways and sediment control structures, natural waterways used for drainage, and streams and tributaries receiving the discharge unless shown as a separate drainage map

D.

Maximum height of active faces in the pit

E.

Location of fuel storage areas and fuel containment structures

F.

Location of access and haulroads

G.

Location of water impoundments

H.

Location and names of all streams, creeks and other bodies of public water on the affected area and within 500 feet

I.

Location and names of roads, buildings, cemeteries, oil and gas wells, and utility lines on the affected area and within 500 feet

J.

General location map

K.

Map scale to be 100 to 400 feet to the inch and stated on the map

L.

Identify the USGS quadrangle

M.

Date map was prepared

N.

Prescribed map legend to be firmly affixed

O.

Prescribed color code

P.

North arrow

Q.

Location of electrical substations

R.

Property lines of the tract being mined that are within 1,000 feet of any part of the mine workings

S.

Outcrop of the mineral where applicable on the tract being mined that are within 1,000 feet of any part of the mine workings Mineral Mining Safety/Reclamation Maps Page 2

Underground Mineral Mine A. Location of all openings, shafts, slopes, entries, property lines and the name of property owners within 100 feet of the affected surface area.

B. Location of all main travelways, headings, rooms, pillars and airways with darts showing the direction of air flow C. Location of abandoned, collapsed areas and filled areas of the underground mine workings D. Location of flooded underground mine workings and sumps E. Location of escapeways F. Location of shop areas G. Location of mine ventilation fans H. Surface area to be affected, total number of acres involved in the affected area

I.

Drainage plan, including direction of flow, constructed drainways and sediment control structures, natural waterways used for drainage, and streams and tributaries receiving the discharge unless shown as a separate drainage map

J.

General inclination of rock strata where applicable K. Location of explosive storage areas L. Location of fuel storage areas and fuel containment structures M. Location of access and haulroads N. Location of water impoundments O. Location and names of all streams, creeks and other bodies of public water on the affected area and within 500 feet P. Location and names of roads, buildings, cemeteries, oil and gas wells, and utility lines on the affected area and within 500 feet Q. General location map R. Map scale to be 100 to 400 feet to the inch and stated on the map S. Identify the USGS quadrangle T. Date map was prepared U. Prescribed map legend to be firmly affixed V. Prescribed color code W. North arrow X. Location of electrical substations Y. Property lines of the tract being mined that are within 1,000 feet Z. Outcrop of the mineral where applicable on the tract of land being mined that are within 1,000 feet of any part of the mine workings

The Virginia Mine Safety Act provides that, with limited exceptions, mine safety maps are to be held confidential (subsections 45.1-161.64 B and E). There are no confidentiality provisions for reclamation maps.

If a mineral mine operator elects to submit one map to satisfy both the mine safety and reclamation map requirements, then DMME cannot hold the combined map confidential. The operator will be deemed to have waived his right to map confidentiality by virtue of his election to make the joint map submittal.

If an operator submits separate mine safety and reclamation maps, then DMME can hold the safety map confidential. Such mine safety maps should be clearly marked "Mine Safety Map—Confidential."

Blaster Certification Requirements and ExamDoc ID: DMM-C-B

Original: 276 words
Condensed: 276 words
Reduction: 0.0%

CERTIFICATION REQUIREMENTS FOR BLASTER

SURFACE BLASTER:

 Minimum 1 year blasting duties under direct supervision of a certified blaster  Proper completion of Board of Mineral Mining Examiners Application Form (BMME-1)  Proper completion of Board of Mineral Mining Examiners Work Experience Form (BMME-2)  Submit copy of current MSHA 5000-23, showing First Aid review or copy of a first aid card or higher  Submit $10 examination fee with BMME-1 and BMME-2 at least five working days before exam, in the form of a check or money order, payable to the Treasurer of Virginia  Pass the BMME Surface Blaster exam, scoring at least 80% on each of 5 parts

CERTIFICATON EXAM PARTS:

Part 1 – Blaster Duties, Responsibilities, and Hazard Recognition (20 questions)

Part 2 – Basic Knowledge of Blasting (20 questions)

Part 3 – Blasting Design and Control (20 questions)

Part 4 – Blast Effects (20 questions)

Part 5 – Virginia Law & Regulations Applicable to Blasting (20 questions)

UNDERGROUND BLASTER:

 Minimum of 2 years underground mineral mining employment, with at least 1 year blasting duties  Pass the BMME Underground Blaster exam, scoring at least 80% on each of 4 parts  All other criteria listed under Surface Blaster (above) applies

CERTIFICATION EXAM PARTS:

Part 1 – Blaster Duties, Responsibilities & Hazard Recognition (20 questions)

Part 2 – Basic Knowledge of Blasting (20 questions)

Part 3 – Blasting Design and Control (20 questions)

Part 4 – Blast Effects (20 questions)

Part 5 – Virginia Law & Regulations Applicable to Blasting (20 questions)

ALL APPLICANTS WILL BE NOTIFIED BY MAIL OF THE EXAM RESULTS WITHIN 2 WEEKS

REV.3/01

OVER FOR FOREMAN REQUIREMENTS

Mineral Mining Permit Transfer ProceduresDoc ID: DMM-P-420

Original: 453 words
Condensed: 325 words
Reduction: 28.3%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.20.00 PROCEDURES MANUAL ISSUE DATE 1/8/96 SUBJECT Permit Transfers Section Permitting Last Revised

OBJECTIVE AND INTENT:

To define the process to be used to transfer a mineral mining permit from a permittee to another qualified permittee.

PROCEDURES:

  1. The transferring permittee must prepare a Relinquishment of Mining Permit (DMM-112) and a Mineral Mining Annual Tonnage Report (DMM-146) covering the period from January 1 in the year of the transfer to the date the transfer agreement was finalized. These completed forms must be submitted with the permit transfer application.

The succeeding permittee must prepare a transfer application package which contains a completed Permit Transfer Acceptance (DMM-161), a completed License Renewal Application (DMM-157), a description or copy of the document that grants the right to enter and mine the property, and the Relinquishment form and Tonnage Report form that were completed by the transferring permittee.

  1. Upon receipt of the permit transfer package by the Mine Inspector or the Program Support Technician the transfer will be logged into the Permit Application Tracking System in accordance with DMM Policy
  2. 16.00.
  1. The Program Support Technician will review the transfer for completeness and ensure that it has been reviewed by the Mine Inspector. If the transfer has been reviewed by the Mine Inspector it will be given to the Environmental Engineer Consultant for final review and processing. If the transfer has not been reviewed by the Mine Inspector the Program Support Technician will mail it to the site Mine Inspector.
  1. The Mine Inspector will review the transfer documents within 15 days of receipt. If the transfer documents are incomplete the Mine Inspector will notify the operator in writing of any deficiencies using the Inspection Report (DMM-104). The transfer documents may be returned to the operator to allow additions or corrections to be made.
  1. The Mine Inspector upon completion of his review, will signify his field approval by completing a permit tracking sheet or the first page of the DMM Application Checklist (DMM-148).
  1. Upon receipt of a field approved permit transfer, the Program Support Technician will give the transfer documents to the Environmental Engineer Consultant for final review. The Environmental Engineer Consultant will complete the final review within 10 days of receipt.
  1. Once final approval is granted, the Program Support Technician will bill the succeeding permittee for bond, permit transfer fees and license fees. Upon receipt of these fees, the permit transfer will be completed. The permittees will be notified of the approval and any bond refunds to the transferring permittee will be processed. Final processing will be conducted by the Program Support Technician in accordance with DMM Permit Application Review Policy 4.13.00 and within 5 days of receipt of the fees and information.
  1. 20-1

Guidelines for Self-Rescue and Toxic Atmosphere DetectionDoc ID: DM-M-06-03E

Original: 1,674 words
Condensed: 1,674 words
Reduction: 0.0%

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  • 04/03/06 event(s) Area Outby Section Section Revised Location(s)of

Certification Revocation ProceduresDoc ID: DM-P-10903

Original: 234 words
Condensed: 196 words
Reduction: 16.2%

DIVISION OF MINES

CHAPTER: IX Certification

PROCEDURES MANUAL

PROCEDURE NO: 1.09.03

ISSUE DATE: January 1, 1997 SUBJECT: Revocation of Certification

LAST ISSUED:

OBJECTIVE AND INTENT

To provide guidance to DM personnel to ensure consistent communication and accurate information regarding revocations of certifications through the Board of Coal Mining Examiners.

PROCEDURE

  1. Revocation of certification may be initiated by the DM inspection staff based on violation of the Virginia mine safety laws.
  1. After the issuance of violations, an informal hearing governed by the Administrative Process Act, § 9-6.14:11, is scheduled to present the facts of the case to the individual charged. This hearing is conducted by a hearings officer who is usually the Inspector Supervisor not involved in the case.
  1. Based on the findings in the case and the recommendation of the hearings officer, the case is resolved by mutual agreement or proceeds to a formal hearing before the Board of Coal Mining Examiners. Final determination of revocation is made by the Board.
  1. Board decisions are communicated to the individual at the meeting and in a formal letter from the Chief.
  1. When accessing individual certification files via computer a “prompt” will advise of Board actions such as suspension, revocation, etc. Screen 12 shows revocations and Screen 7 shows any Board actions. Contact the certification section should more information be required.
  1. See Section 45.1-161.35, the BCME regulation, and Procedure 1.09.02 regarding re-examination and reinstatement of certification.

1-1

Mine Licensing and Gas Well Safety GuidelinesDoc ID: DM-G-16164

Original: 1,070 words
Condensed: 827 words
Reduction: 22.7%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 5 LICENSING OF MINES Issue Date: 5/02/03 Revised Date: 4/15/04 Page 1 of 3 Section 45.1-161.64.A.

Maps of mines required to be made;

Surface Gas wells and pipelines:

It is essential that accurate locations of gas wells be shown on the required map. Gas transmission lines should be located on the map by general reference to roads etc or surveyed in. The inspector should review and evaluate all required plans pertaining to gas wells and pipeline safety adequacy at each surface mine and at the surface areas of underground mines. The inspector should:

  • Assure the map required by 45.1-161.64.A. is available for review, with emphasis on the purpose of the map. DMLR permit map will be sufficient. If the mine may intersect old works, a map must be submitted to the Department.
  • Assure that notice to the Chief was submitted prior to mining taking place within 500 feet of a gas well, in accordance with 4 VAC 25-101-150.
  • Assure the mine has the approval from the Chief to mine within 200 feet of gas a well or pipeline, in accordance with 4 VAC 25-101-160.A. The inspector should pay special attention to those wells and pipelines on upper and lower benches that are not visible from the work area.
  • Review the adequacy of approved plans to mine within 200 feet of gas wells and pipelines, in accordance with 4 VAC 25-101-160.B. Any concerns related to the approved plan adequacy should be addressed promptly with the inspector’s supervisor and/or Mine Safety Engineer.
  • Review accuracy of the well numbers and location of pipelines as specified in the approved plan, assuring that all wells and pipelines are identified in the approved plan.
  • Assure pipelines are conspicuously marked with emphasis given to areas of poor visibility, foggy areas and darkness, in accordance with 45.1-161.256.E.
  • Assure pre-shift examinations are conducted for pipelines when mining within 500 feet. If mining conditions prohibit the lines from being physically examined, then the operator should submit a plan to the Chief for approval, in accordance with 45.1-161.256.E.
  • Review record of pre-shift examinations required when mining within 500 feet of gas wells and transmissions lines.

Recommendations concerning the plans for mining within 200 feet of gas wells and pipelines at surface mine sites:

  1. The plan should address how to protect the gas well against damage during mining and how to reduce the exposure to persons involved while installing or removing any protection over gas well heads.
  2. The well “head” and “Christmas tree” piping should be adequately protected by the installation of a substantial cover to prevent damage from “fly rock” or other materials.
  3. The cover that is placed over the well “head” or piping must be lined with a non-sparking material to minimize the danger of creating a spark that could ignite an explosive or flammable mixture.
  4. The cover should be of adequate diameter to provide ample clearance when being installed or removed to lessen the risk of bumping or striking the gas well or piping.
  5. The cover should be provided with vents that will provide adequate ventilation to prevent the accumulation of an explosive or flammable mixture under the covering device.
  6. The cover should be provided with substantial “eyelets” with at least a “four point” hookup for the purpose of connecting appropriate slings and clevis to allow installation or removal without slipping or dropping, and to minimize movement that could cause the cover to strike, bump or damage the well “head” or piping.
  7. A substantial dirt berm should also be constructed around the cover to a height equal to or greater than the height of the cover when in place over the gas well.

The diameter of the berm should be larger than the cover to allow adequate and safe clearance between the equipment used to construct the berm and the covered gas well and piping.

  1. Gas detection equipment should be available, and a certified person should take proper gas examinations before the installation and removal of the cover to determine if gas leaks or accumulations of gas are present.
  2. A certified mine foreman should supervise the installation and removal of these protective devices at the gas well. 10. Only the minimum number of persons required to safely install or remove the cover should be near the gas well while the cover and berm are being constructed or removed to minimize unnecessary exposure to persons. 11. The equipment used to lift the cover from the gas well during the installation or removal should be capable of lifting the cover and equipped with a device such as a hook or “eyelet” with a proper lifting clevis or connection that will prevent the load from shifting while being lifted. 12. No smoking or open flames will be permitted near the gas well while performing these procedures. 13. In the event it becomes necessary to leave the well covered for an extended amount of time, a sign identifying the gas well will be placed in near proximity to the well location. 14. Gas pipelines and/or wells will be marked with flagging or florescent paint at a height of at least 6 feet off the ground. These markings will be placed every 25 to 30 feet apart. At times when conditions create poor visibility, a strobe light placed at a height of at least 6 feet will be located between the equipment work area and the gas well and/or pipeline. If conditions will allow a 4-foot high earthen berm will be constructed between the equipment work area and no closer than 10 feet of the pipeline. The pipeline may be protected by covering it with a larger diameter casing and/or an appropriate thickness of dirt or spoil material.

Pipelines may also be temporarily disconnected and purged before conducting mining operations within 200 feet. 15. In the event employees are required to operate equipment in near proximity to a gas well and/or pipeline, the employees will be required to dismount the equipment and physically familiarize themselves with the work area. 16. All employees should be trained in the potential hazards associated with working around gas wells and pipelines. 17. All employees should be trained on proper emergency response procedures should a gas well or pipeline be accidentally damaged or ruptured.

NOTE: The above recommendations are to be considered and applied where appropriate in part or as a whole.

Mine Rescue and Recovery ProceduresDoc ID: DM-P-10302

Original: 1,867 words
Condensed: 1,671 words
Reduction: 10.5%

DIVISION OF MINES

CHAPTER: III Emergency Response

PROCEDURES MANUAL

PROCEDURE NO: 1.03.02

ISSUE DATE: January 1, 1997 SUBJECT: Rescue and Recovery LAST REVISED: 10/00 Plan

OBJECTIVE AND INTENT

To prepare all Division of Mines personnel to effectively and efficiently carry out the Division’s role in the event of a mine emergency.

GENERAL

  1. The Division of Mines will develop a plan and provide training for all personnel in Mine Rescue and Recovery activities and responsibilities. All mine rescue and recovery efforts will be coordinated with the Division Emergency Response Team.

Since any, or all, DM personnel may be called to assist in the response and management of a mine emergency, it is important they be familiar with and follow a contingency plan for emergency operations. In accordance with Section 45.1-161.77 F of the Coal Mine Safety Laws of Virginia, an up-to-date rescue and recovery plan shall be maintained for prompt and adequate employment at any coal mine. DM employees will be kept receive training and retraining in executing assigned duties in the rescue and recovery efforts. This plan will be published annually and distributed to all operators. Changes in the plan will be published promptly.

  1. Provisions of the Division’s Mine Rescue and Recovery Plan will be distributed annually to all coal mine operators to emphasize the importance and responsibilities for mine emergency response capabilities. (See attached Rescue and Recovery Plan)

PROCEDURE

1. NOTIFICATION

 The success of rescue and recovery during a mine emergency is greatly influenced by the initial notification and the accuracy of the information received by the first person to arrive at the scene. All DM field personnel should maintain in their possession (in their assigned vehicle and at home), a copy of the Division of Mines Mine Emergency Directory. Field personnel will follow the DM Notification Process listed on page two of the directory.

Mine related emergency information needed at the time of an emergency is listed on page three of the directory. 1-6  Once notification of a mine emergency is received, the information should be forwarded to the area Emergency Response Team. As mentioned, the appropriate notification routes are outlined on page two of the directory. The Deputy Director will be notified of the emergency by the Chief. The Division of Mines will then implement procedures outlined within the procedures adopted for the Emergency Response Team. Telephone listings of DM personnel and other necessary contact agencies/personnel needed can be found in the DM Mine Emergency Response Directory.

2. RESPONSIBILITIES

Section 45.1-161.80.2 of the Coal Mine Safety Laws of Virginia requires each mine inspector to proceed immediately to the scene of any accident under his jurisdiction that results in loss of life or serious personal injury, and to the scene of any mine fire or explosion, regardless of whether there is loss of life or personal injury. The first authorized representative to arrive at the scene will represent DM until he is relieved or assigned other duties.

 The following responsibilities will be initiated at all emergency situations:

a. The receiver of the initial notification of a mine emergency will document pertinent information and initiate the internal notification process. b. Any rumor of a mine emergency should be verified. Should communication systems be inoperative, the rumor should be checked out. c. Internal notification will be carried out in accordance with procedures adopted in the Mine Emergency Directory and the Emergency Response Team Plan. d. The Chief is responsible for the direction of all Division activities during the emergency period. The Chief, Mine Safety Engineer, and Mine Inspector Supervisors will coordinate these activities through the Emergency Response Team and ERT Coordinator. e. As requested by the Emergency Response Team Coordinator, the Mine Inspector Supervisor will notify and dispatch any additional inspection personnel to the emergency scene. f. The Chief will direct dispatching of communication center personnel to the appropriate office(s) during after-hour emergencies. g. The Chief will contact and brief the Deputy Director and the DMME Public Relations Manager. h. The Chief will coordinate the mine emergency with the local district office of MSHA with confirmation from the ERT Team at the site. i. Communication channels will be established immediately and properly maintained. A communication system will be established from the emergency scene to a base at the Big Stone Gap office. a relay point will be established at the Keen Mountain field office when applicable.

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2-6 j. Division of Mines personnel will interact, to the extent possible, with authorized representatives of all parties involved. Such parties shall include the Mine Safety and Health Administration, company officials and labor organizations where applicable. k. The DMME Public Relations Manager will be responsible for communicating with the media, the Mine Safety and Health Administration and company public relations personnel regarding media releases. l. A comprehensive record of activities will be maintained throughout the emergency period. The first representative to arrive at the emergency scene will assume the responsibility of maintaining a record of activities until relieved of this task. m. An assigned Emergency Response Team member will assume the duties of Mine Rescue Coordinator and provide assistance and advice to the Chief in regard to mine rescue activities.

3. DUTIES

 Special duties will be assigned at the emergency scene to maintain control and coordinate activities. The assignments will be approved by the Emergency Response Team Coordinator and coordinated with MSHA and other regulatory personnel.

a. A command center will be established to maintain direct communications with the fresh air base and/or other strategic points.

Progress will be plotted, work schedules established and briefings conducted in accordance with rescue and recovery. b. The emergency scene will be roped off and guarded. Only authorized personnel will be permitted entrance. The mine fan, substation and other strategic installations will be monitored and guarded. c. A recorder will maintain a comprehensive record and log of activities during the entire rescue and recovery. d. A check-in-and-out system will be established and maintained to log and track authorized persons entering and leaving the mine. The command center will be informed of this information. e. Specialists will be available to advise in the areas of ventilation, roof control and electricity, monitor the mine fan(s), electrical installations and mine atmosphere and insure escape facilities are functioning properly. f. Surface and underground mine atmosphere monitoring stations will be established and monitored. Logs will be maintained and information will be forwarded to the command center. g. Regular media briefings will be coordinated by the DMME Public Relations Manager as the situation warrants.

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3-6  Command Center Coordinator

a. Establish a convenient work station and direct communication link with the fresh air base and other critical points underground and on the surface. b. Assign personnel to record all activities in a log book, maintaining an accurate account throughout the emergency period. c. Coordinate briefings and debriefings of mine rescue personnel. d. Ensure rescue and recovery progress is recorded promptly on a mine map. e. Monitor and assure an adequate supply of emergency equipment is available. f. Conduct briefings with mine officials, MSHA, labor, etc. g. Ensure that monitoring of the mine atmosphere at the fan and other strategic locations is conducted, evaluated and recorded. h. Coordinate and oversee underground work activities.

 Surface Coordinator

a. Maintain communications with the fresh air base on rescue and recovery progress and other related information. b. Provide equipment and supply needs of the command center and mine rescue coordinator. c. Establish and maintain security at mine entrance and all underground mine openings. d. Maintain accurate log of all persons entering and leaving the mine. e. Coordinate the placement of rescue and recovery supplies, emergency vehicles, rescue and recovery personnel, media and other authorized persons. Ensure onsite mine rescue teams are provided adequate rest and food accommodations. f. Verify number and name of mining personnel that reported to work. g. Ensure through the office command center that accommodations for mine rescue teams are provided where extended rescue and recovery work is required.

 Ventilation Coordinator

a. Monitor and maintain continuous operation of the mine fan(s). b. Establish reliable sampling stations to monitor mine atmosphere at pre-selected locations. c. Maintain an accurate and up-to-date log of fan pressure and air quantity and quality at regular predetermined intervals. Gases monitored at the mine fan will include carbon monoxide, methane and oxygen.

Rv. 10/00

4-6 d. Collect and evaluate all mine atmosphere samples, monitor levels of mine gases including carbon monoxide, carbon dioxide, methane and oxygen, and report such information to the command center and mine rescue coordinator. e. Communicate air quality and quantity measurements, significant changes and unusual occurrences to the command center. f. Supervise atmosphere monitoring stations. g. Ensure that current mine maps are available and maintained up-to-date with ventilation controls, air quality and quantity readings and pertinent information as related to rescue and recovery.

 Mine Rescue Coordinator

a. Provide assistance and advice to the command center coordinator and the Chief in regard to mine rescue and recovery activities. b. Coordinate with MSHA, notification and scheduling of mine rescue team work activities. c. Assist the command center coordinator with briefings and debriefings of mine rescue personnel. d. Monitor mine rescue team activities. e. Maintain an accurate map of rescue and recovery activities. f. Responsible for security of mine rescue recovery maps, phones, recovery plans, etc. g. Assist the surface coordinator with equipment and supplies as needed by the mine rescue teams.

 Details To Remember

a. Collect accurate and detailed information. b. Initiate DM internal notification plan. c. Notify responsible persons. d. Verify mine rescue coverage. e. Alert appropriate mine rescue personnel. f. Dispatch response personnel. g. Establish after hours communication center. h. Maintain accurate log of activities and communications. i. Establish and maintain security, check-in and check-out, and proper communications at the emergency scene. Restrict entrance to authorized personnel. j. Appoint coordinators to assume the responsibility and duties of the Command Center, surface facility, technical specialists, mine ventilation and mine rescue activities. k. Check the status of the mine ventilation system and the conditions of the ventilation controls.

Rv. 10/00

5-6 l. The mine fan(s) should be operating but should not be restarted before consulting with responsible agencies and company officials. Do not alter ventilation to non explored areas. m. Assign electrical facility and mine fan attendants. n. Establish sampling and monitoring of mine atmosphere on the surface. o. Check the status of the electrical power to the underground area.

p. Disconnect electrical power from the affected area. Maintain underground power outside the affected area only when necessary and for transportation purposes. q. Notify interconnecting and/or nearby mines of incident. r. Issue appropriate enforcement orders. s. Instruct company officials to alert mine rescue teams when applicable and other emergency facilities. t. Request adequate supply of up-to-date mine maps. u. Establish and maintain communication underground. v. Proceed underground to assist with fire fighting and recovery. w. Establish and maintain underground mine atmosphere monitoring station. x. Maintain complete notes of personal activities during work assignments throughout the emergency. y. Relay information to appropriate headquarters. z. Actively participate in advisory committee discussion and decisions. aa. Monitor mine rescue activities bb. Comply with Department/Division standard operating procedures.

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6-6

Mine Safety: First Aid Equipment StandardsDoc ID: DM-G-161197

Original: 267 words
Condensed: 248 words
Reduction: 7.1%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 12

FIRST AID EQUIPMENT; MEDICAL

CARE; EMERGENCY MEDICAL SERVICES PERSONNEL Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.197.

First Aid Equipment

Each mine must have an adequate supply of first aid equipment as determined by the Chief. Any alternate supply of first aid equipment which an operator elects to use, must be approved by the Chief. Such supplies shall be located on the surface, at the bottom of slopes and shafts, and at other strategic locations near working places.

The first aid equipment required to be maintained at these locations must include as a minimum the following materials and supplies:

One stretcher

One “broken” backboard. If a splint stretcher combination is used, it will satisfy the requirement of both (1) and (2)

Twenty-four triangular bandages (15 if a splint stretcher combination is used)

Eight, four-inch bandage compresses

Eight, two-inch bandage compresses

Twelve, one-inch adhesive compresses

One foille

Two cloth blankets

One rubber blanket, or equivalent substitute 10.

Two tourniquets 11.

One, one-ounce bottle of aromatic spirits of ammonia or one dozen ammonia ampules 12.

The necessary complements of arm and leg splints or two each inflatable plastic arm and leg splints

All first aid equipment must be in properly marked dust and moisture proof containers located conspicuously. Section first aid equipment must be maintained on the working section at a point inby the loading point. When section set-up and other construction work is being performed, the mine inspector should assure that first aid equipment is strategically located.

Abandoned Mine Land Reclamation ProceduresDoc ID: DMLR-P-40106

Original: 4,645 words
Condensed: 3,929 words
Reduction: 15.4%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009

OBJECTIVE AND INTENT:

To ensure DMLR personnel advance the reclamation of abandoned mine land features in accordance with statutes, state and federal regulations, and the state reclamation plan.

PROCEDURES:

Inspector Receives an AML Complaint:

  • The inspector will initiate investigation by obtaining information from the complainant regarding the mining history to include company name, dates of mining, coal seams mined, type of mining (deep, surface, associated facility, etc); If adjacent property is involved then the inspector will identify the landowner(s), document contact information (in the complaint investigation form) and assess cooperation for future right of entry negotiations.
  • The inspector in coordination with the DMLR Area Supervisors and/or AML Specialists will evaluate mine relatedness. If necessary, the inspector will request technical assistance.
  • The inspector will create a topographic map identifying the complaint area. Identify the complaint area with an ortho layer, topo map or a sketch.
  • The inspector will obtain any applicable data available from the associated coal company or other resources on the area of interest.
  • The inspector will identify the landowner of the problem area, document contact information (on the complaint investigation form) and assess cooperation for future right of entry negotiations.
  • The inspector will document the findings on AML complaint form (DMLR-AML-147S). At this time the inspector should select the appropriate disposition. Currently there are 5 AML dispositions - (1) AML Consideration, (2) AML Non-Eligible, (3) AML Emergency, (4) AML Technical Assistance Requested and (5) AML Investigation Incomplete. When disposition (1), (2) or (3) is selected the inspector will close out the complaint. When disposition (4) or (5) is selected a follow-up complaint investigation must be conducted.

Inspector Submits the AML Complaint Investigation and AML Inventory Form to the Area Supervisor:

  • When disposition (1) AML Consideration, or (3) AML Emergency is selected, the complaint investigation report will be submitted to the Area Supervisor. The Area Supervisor, after review, will forward the complaint investigation report to the AML Project Coordinator. For complaints with the disposition of AML Consideration, the Area Inspector will complete the Potential Projects screen so that the site will be automatically listed for project selection consideration. For complaints with the disposition of Emergency, the Area Inspector will complete the Emergency Supplement information. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009

  • When disposition (2) AML Non-eligible is selected, the complaint investigation report will be submitted to the Area Supervisor and AML Project Coordinator for evaluation to be added to the Post-Act or alternate funding list, if site meets requirements.
  • When disposition (4) Technical Assistance Requested or (5) Investigation Incomplete is selected the complaint investigation report will be submitted to the Area Supervisor. The inspector will complete a follow-up complaint investigation report upon receiving additional information.

Eligibility Team Performs Research for the Final Eligibility Determination:

  • The Project Coordinator will evaluate potential projects to be sent to the Eligibility Team for determination of recommendation of eligibility with final determination made by the DMLR Director.
  • The BSG Eligibility Team consists of selected office volunteers, the AML Projects Coordinator and the AML CAD/GIS Specialist. (not all of the members would be working on all of the projects)

AML Project Selection Timeline

AML Project Selection Procedures:

  • The Project Selection Team (PST),with assistance from the AML Reclamation Program Managers will consist of the AML Project Manager, AML Services Manager, AML Project Coordinator and Reclamation Services Manager
  • The Project Selection Team (PST) will review the eligibility list and the Abandoned Mine Land Inventory System (AMLIS) to select a group of potential AML projects for AML funding by August 1st of each year. There will be consideration of eligibility and right of entry.
  • After the list of potential AML projects is created, appropriate representatives of DMLR (AML engineer, the appropriate Area Supervisor, AML Reclamation Program Managers, and Contracting Coordinator (CC) as recommended by the AML Project Manager) will perform a site review. The AML engineer, with assistance from the AML Reclamation Program Managers, will prepare a Scope of Work and Cost Estimate/Budget. The appropriate Area Inspector will accompany the team at this time.
  • The assigned project engineer or AML engineer will provide, upon request, a pre-project design concept drawing. The concept drawing will be used by the Realty Specialist (and/or Area Inspector if assistance is requested by the Realty Specialist) to discuss and explain the project with landowners.

Realty Procedures: (see Procedure 4.1.02 for additional guidance)

  • The Realty Specialist, with assistance as requested from the Area Inspector, will begin preliminary contacts with property owners. Available property ownership information from public records will 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009 be obtained from various county clerks’ offices and property tax mapping and indices from the county Commissioners of Revenue will be obtained.

  • If possible, written consents of right of entry will be secured in the early stage of the design phase.

At a minimum, verbal commitment from landowners will be negotiated and documented on the landowner contact form. (Note: this can be performed, as the project site is being formulated, by the AML Reclamation Program Managers, Area Inspectors or the AML Engineer.)

  • If landowner cooperation and approval become difficult after reasonable negotiation, then a decision will be made by the AML Project Manager and the AML Project Coordinator as to the project’s viability.

The Realty Specialist will:

  • Coordinate with the AML Reclamation Program Managers and/or AML Engineer.
  • Determine landowners and property interests affected by the proposed activity.
  • Determine if any lien issues are warranted as to past participation in mining. (If the property is subject to a lien as defined by the “PARTICIPATION” factor in PL 109-423 as amended in Section 408a, then the following will be performed :) i.

Realty Analysis will be developed to justify primary community or offsite benefits or ii.

An Estates To Be Appraised form is prepared requesting appraisal services and forwarded to the Contract Coordinator/officer. iii.

An appraisal showing will be scheduled and conducted in the field with the appraiser. iv.

Upon receiving an appraisal from the contractor, a Review of Appraisal Report form will be completed and returned to the Contract Coordinator for recommended payment for the services. v.

If the appraisal indicates that a significant increase in market value will occur as a result of the proposed reclamation then a follow-up appraisal following the completion of the reclamation work will be performed by the Appraiser to determine if a significant increase in market value did occur and an updated figure of the value amount. vi.

If a significant increase in market value has occurred, a Notice of Lien form will be prepared for recordation at the appropriate county or city jurisdiction of the said property. vii.

If there is no significant increase, a Lien Waiver will be executed by the Division Director as a result of the appraisal showing no significant increase in market value and/or documentation of community benefit.

If the property is not subject to a lien as defined by the PARTICIPATION factor the landowner(s) will be approached to sign either an Exploratory and/or a Construction Consent for Right of Entry for the Division to accomplish the proposed reclamation or exploratory work. 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009

  • Maintain / manage Landowner Contact forms and document contacts with the property owners and documentation of any “PARTICIPATION” in the mining for lien determination/issues as described in PL109-432 as amended in Section 408a.
  • Prepare the appropriate Consent for Right of Entry for each property owner known to be affected by the proposed project.
  • Obtain written consent from all affected *owners of interest. Requests for Right of Entry are sent by certified mail, email and/or in person during field negotiations. (Owners who are reluctant in giving written consent or there are numerous owners in an undivided heir ship/estate may desire to be “posted” (friendly) though the public notice procedure.)
  • Prepare the Public Notice of Intent to Enter (posting notice) for execution by the DMLR Director. (The Notices will be given to AML Services Specialist for processing and publication)
  • Post the Public Notice on the project or property in a highly visible area(s) and provide photographic documentation of the posting for the realty file.
  • Mail the Public Notice to non-consensual / unsigned owner(s) by certified mail.
  • Upon obtaining Consent for Right of Entry (ROE) from property owners, the ROE is recommended to be executed by the AML Projects Coordinator and/or the Reclamation Area Supervisors in absence of the “PC”.
  • An Executed counterpart of the Consent for Right of Entry will be mailed to the property-owner(s).
  • Final completion of the project Realty File will be performed after all Right of Entry is secured and preferably prior to the project is advertised for bids. The completion of the realty file will contain the following finalized documents:

AML-123

Executed Right of Entry Forms (construction/exploratory) Public Notice of Intent to Enter (executed, published, posted and/or mailed to the owner, all documented)

AML-301

AML-307

Property Owner List

AML-302

Landowner Contact and Lien Determination Forms (LOC)

Deeds

  • County/City Tax Mapping and indices & other property mapping used 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009 to determine affected properties/boundaries

General Correspondence and file documentation, i.e. letters

AML-305

Lien Waiver (as necessary)

AML-311

Realty Analysis (as necessary)

AML-309

Estates to be Appraised (as necessary)

AML-310

Review of Appraisal Report (as necessary)

AML-304

Notice of Lien (as necessary-rarely) Title Search Request Form (necessity will be determined by the AML Projects Coordinator in specific or complicated issues)

AML-312 Eligibility/EA information (as necessary)

AML-306

  • Upon completion of the realty file, an electronic version of the documents will be moved to the AMLSNAP1 and filed under Realty – FY Project Year and Project Name.
  • The AML Project Manager will update the Realty Specialist with any changes in the scope of work associated with the project, especially changes that affect landowners that have already signed the Consent for Right of Entry.
  • The final eligibility should be determined prior to initiation of the final engineering work and prior to grant submittal by October 31.

NOTE:

Owners of Interest may mean a legal interest of record such as a utility easement, deeds, life estate, remainderman etc. or a legal interest from unrecorded deeds, leases, tenants, easements (appurtenant or prescriptive), right of ways or undivided estates involving several/numerous heirs.

Easements involving utilities such as gas lines, electrical lines, and telephone companies vary in the way the companies like to conduct business in regards to signing a Right of Entry. Most prefer a 5

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009 field visit and giving verbal consent and recommendations. Others may sign the ROE, which contains specific conditions. If there is the need for relocation of lines, they will sign the ROE which may involve negotiating an agreement for compensation from the project funds/contractor.

National Environmental Policy Act (NEPA) Procedures and Design:

  • The Project Team consisting of AML Project Manager, AML Project Coordinator, AML Engineer, and AML Reclamation Program Managers will convene.
  • AML Reclamation Program Managers will begin the NEPA consultation process following the project selection.
  • AML Reclamation Program Managers will conduct all required habitat surveys and forward to the DGIF, DCR (as required), and the U.S. Fish and Wildlife Service.
  • AML Reclamation Program Managers will ensure that the comments from the NEPA agencies will be incorporated into the final construction specifications. They will also ensure that all NEPA conditions are highlighted in the specs. The AML Reclamation Program Managers will ensure the Authorization to Proceed (ATP) and NEPA Conditions match exactly. A Fact Sheet Checklist has been developed for use by the AML Reclamation Program Managers to ensure all NEPA Permits are obtained.

Note: Authorization to Proceed (ATP) has to be approved by OSM before projects can begin.

PERMITS PROCEDURES AND GUIDELINES

  • The need for permits will be identified during the NEPA process. Consulting agencies will denote permit requirements and these will be addressed in the project’s respective NEPA document.

Routine permits may be required by the Army Corps of Engineers, Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission. In addition, permit requirements from non-consulting agencies, such as Virginia Department of Transportation, will also be addressed in the NEPA document.

  • AML Reclamation Program Managers who have primary duties in NEPA will coordinate the acquisition of permits necessary to accomplish the project.
  • Any required permits will be highlighted on a project’s Fact Sheet Checklist with the name of the permit, issuing agency, date, and reporting requirements. Also, exemptions from Virginia stormwater permitting will be referenced on the Checklist. The Fact Sheet Checklist will be distributed to the appropriate field personnel and contract coordinators prior to the project bid showing.

AML Reclamation Program Managers who have primary duties in NEPA will coordinate the project close-out to ensure compliance with all NEPA permit conditions. 6

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009

GRANT PROCEDURES AND GUIDELINES

Project Selection · Regular Projects – AML Projects Coordinator submits project list and budgets to Grants Administrator (GA) for next year’s project in December. Public Notice will run in January. · Emergency Projects – Upon submittal of declaration to OSM, AML Projects Coordinator or AML Services Specialist notifies GA of pending project and assigns/verifies the project number. · Maintenance and Remedial Maintenance Projects - AML Projects Coordinator and Contract Coordinator, in consultation with the GA, will assign projects to the appropriate grant (year) based on available money.

Project Tracking · AML Reclamation Program Managers will obtain from AML Services Specialist a grant site number before submitting NEPA to OSM. The project type will be identified by AML Project Coordinator to AML Services Specialist. · AML Services Specialist will enter the site name, number and budget into: 1) AML Office 2) Manager’s Tracking Sheet 3) Budget/Contract Sheet, and 4) Project Tracking Sheet · Once the Authorization to Proceed (ATP) is issued, AML Services Specialist will update the tracking sheets · AML Project Manager assigns; prioritizes, coordinates post – ATP site visits, design, permits, realty, etc. and submits to AML Services Specialist to update tracking sheets. · AML Project Manager or Projects Coordinator will notify GA any time there is a change in budget or a project is dropped or added. · AML Services Specialist will maintain the invoice records by grant year, and then by project type. · Contract Coordinators will maintain the budget/contract sheet with all contracts, expenditures, change orders, etc. · Area Supervisors, AML Reclamation Program Managers, and Contract Coordinators will maintain the project tracking sheet, recording key dates as obtained from field staff, routinely, no less than quarterly (in Feb., May, Aug., and Nov.). It is especially important to enter the completion date. · AML Projects Coordinator will update the AMLIS sheets for grant closeouts. 7

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009

AML GRANT FACTS

· AML grant year runs from April 1 to March 31. · Administration sub-accounts (regular and emergency), as well as Emergency construction sub-accounts, are only open for 1 year. · Regular construction sub-accounts are open for 3 years. · Extension requests for any sub-accounts should be submitted in January (60 days before the end of the performance period, March 31).

KEY DATES FOR AML GRANTS ADMINISTRATOR

DECEMBER Get project list and budgets for next year’s grant Watch for award documents on OSM website detailing

JANUARY Prepare public notice and publish in local newspapers. Schedule public hearing and advertise in TOWN HALL. Request extension on sub-accounts that expire 3/31 as needed.

FEBRUARY Conduct public hearing. Check to be sure OFS has next year’s cost codes in Account Structure.

Be sure folks who do requisitions are aware of the new codes. Submit application to OSM.

MARCH Assure grant approval. Give budget for Admin sub-accounts to OFS. Note end of performance period closeout on 3/31 (after this date we can spend money, but not obligate new money on closing sub-accounts).

APRIL-MAY Annual reports to OSM.

AUGUST – OCTOBER Close-outs of various sub-accounts

ENGINEERING AND DESIGN

Draft Designs:

  • NEPA is already approved or in progress (See NEPA Procedures and Guidelines, Page 4).
  • Based on staff workload and complexity of the project, the AML Project Manager with input from the PST decides whether engineering design is to be completed in-house by an outside consultant.
  • If an outside consultant is chosen (Professional Services Procurement), AML Reclamation Program Managers with assistance from project engineer will provide a scope of services, project map and NEPA documentation to the Contracting Coordinators. The Contracting Coordinator will decide the Competitive Sealed Proposal process per procurement law and prepare all documents. 8

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009 The Contracting Coordinator, Project Inspector and AML Project Manager will conduct a site visit with the consultant, participate in the evaluation and negotiation process and the Contracting Coordinator will award contract to the selected consultant.

  • At each stage, engineering designs are reviewed by Contracting Coordinator, Project Inspector, Area Supervisor, AML Reclamation Program Managers and AML Engineer.

Bid Documents:

  • When the design is prepared in-house and ready for bid, all specs, drawings, permit, and landowner special requests are sent to the Contracting Coordinator by the AML Project Manager.

When the design is prepared by an outside consultant and the design has been finalized, all specs, drawings, permits, and landowner special requests are sent to the Contracting Coordinator when the project is ready to go to bid Contracting Coordinator will coordinate with the consultant to put the project out to bid.

  • Contracting Coordinator determines appropriate bidding procedure, prepares documentation to advertise the solicitation, and coordinates with engineer and inspector to schedule the pre-bid conference. Contracting Coordinator determines if an Addendum to the bid is needed and prepares and issues any needed Addendums.
  • Procurement prepares solicitation packages for in-house designs or coordinates with the outside consultant to prepare the solicitation documents.
  • Procurement conducts pre-bid conference. Project Inspector and Engineer attend the pre-bid conference.
  • After receipt and opening of bids, Procurement reviews bids for procurement law compliance and forwards bid tabulations to design engineer for review and their recommendation.
  • Upon completion of bid review, Procurement makes award determination and prepares all documentation to award the contract. When contract has been signed by all legal authorities, a Notice to Proceed will be issued to the Contractor giving them the authority to begin work.
  • Contract Coordinator will enter all contract information into AML Office.
  • At that time, the responsibility for administering the contract goes to the AML engineer, project inspector and area supervisor.

CONSTRUCTION AND INSPECTION

Inspections:

  • Inspector will initiate a pre-construction conference. At this time, the inspector should remind the contractor that notification must be provided to the inspector before critical construction phases are to commence so the inspector can be present. 9

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009

  • Inspector will have primary responsibility for providing construction inspection. Inspection reports (DMLR-AML-130S) will be submitted to the Area Supervisor and copied to the Reclamation Services Manager via e-mail.
  • AML Reclamation Program Managers and AML Engineer will be available to assist upon request if technical problems arise. AML Project Manager shall be consulted if a significant change is suggested or needed. Generally, a significant change is one that may alter the engineering design and performance of the project or result in an increase in the cost of the project.
  • Project Inspector will be responsible for any pre-construction or post-construction notifications.

Construction Change Orders:

  • Once anyone (inspector or engineer) is aware of the likelihood or possibility of a construction change order, the Contracting Coordinator will be notified and consulted with as to the ramifications and procedures with regard to issuing a change order (Inspectors will utilize AML Inspection Report DMLR-AML-130S for this notification and for documentation of Contracting Coordinator consultation. The inspection report will be sent to the Contracting Coordinator via e-mail thru the Area Supervisor and copied to the Reclamation Services Manager).

Inspectors will initiate construction change orders with consultation from the AML Reclamation Program Managers, if needed.

Invoicing:

  • Invoices will be processed by the Project Inspector and Area Supervisor and mailed, and/or, hand-delivered to the Contracting Coordinator no later than five (5) working days from the date the Project Inspector receives the invoice. A hard copy of the AML Inspection Report (DMLR-AML-130S) must accompany the invoice recommending approval of the invoice. Also, a copy of the AML inspection report (DMLR-AML-130S) must be e-mailed to the Reclamation Services Manager. The AML Project Manager will authorize payment. The Contracting Coordinator and AML Services Specialist will update the budget sheets.

Reference to the OFS Policies and Procedures file on the intranet:

SECTION: 4.0.0. - ACCOUNTS PAYABLE Section 4.7.2 – Billing Correspondences Subsection B. Construction Services

  1. Were the billed services received and are the charges for them in accordance with the purchase documents? 10

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009 a) DMME requires that a contractor claim form titled “Application for Payment No. xx“be submitted to the appropriate AML inspector. This form must bear the approvals of the responsible field inspector, the inspector’s supervisor, the responsible Contracting Officer, and the appropriate section manager, AML or DMM. AML or DMM shall deliver to the FT or the ACCT the original of the completed form before processing a vendor’s claim. This form properly completed and certified of both DMME and the vendor, evidences that the services were received and that the charges are in accordance with the authorizing document(s).

b) The Fiscal Director may waive the form required under 1a) If the vendor is allowed to submit a claim on another approved form, the bill must be authorized for payment by designated DMME staff identified in 1a) above. Stamp the invoice with OFS stamp “Services Received - Payment Approved” and forward it to the appropriate manager responsible for the contractor’s work. OFS staff shall request that the signed bill be returned to OFS in no more than four days after its submission for approval.

c) Once the properly authorized invoice is completed, proceed to

  1. 7.3.

Inventory Update:

  • Inventory updates are done before project is released and is a signatory for Final Inspection. AML Project Coordinator will be responsible for the inventory update.

Final Inspection and Release:

  • Area Supervisor and Inspector will conduct the final inspection. The project inspector will complete the AML Inspection Report (DMLR-AML-130S) and complete the Final Inspection Form (DMLR-AML-171).
  • All Final Inspection Reports (DMLR-AML-130S) must be printed off and a hard copy of the Final Inspection Form (DMLR-AML-171) will be sent to the AML Service Specialist thru the Area Supervisor and then to Contracting Coordinator for Bond Release. Please note that the project inspector should also e-mail a copy of the AML Inspection Report (DMLR-AML-171) to the Reclamation Services Manager.
  • AML Service Specialist will close out projects in AML Office.
  • AML Project Manager will sign the Final Inspection Report Form.

EMERGENCY PROJECTS PROCEDURE AND GUIDELINES

  • A sudden occurrence of extreme danger may lead to an AML emergency declaration request to OSM. Upon documenting eligibility and completing any required NEPA consultation, the AML 11

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009 Project Manager and Project Coordinator check budgets for available funding. The entire emergency process is accelerated as it has grant time constraints.

  • After routing through the Division Director, the Project Coordinator submits the emergency declaration to OSM for approval and Authorization to Proceed. If required, NEPA consultation is performed by AML Reclamation Program Managers. The Projects Coordinator will inform the AML Office Services Specialist to update tracking sheets and AML Office.
  • If emergency action cannot wait on a design, the Contracting Coordinator selects a contractor to perform immediate and necessary construction with minimal design, and the Inspector and AML Engineer provide oversight of construction. If a Contracting Coordinator awards a contract without competitive sealed bidding or competitive negotiation, a written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. However, procurement shall be made with such competition as is practicable under the circumstances.
  • If time permits, DMLR personnel may provide a design or the agency may contract with an outside consultant to design the emergency project. The Contracting Coordinator will bid project when design is complete.
  • Contracting Coordinator shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted in a designated public area or published in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable. Public notice may also be published on the Department of General Services' central electronic procurement website and other appropriate websites.
  • Emergency actions are to follow standard procedures for eligibility, NEPA, realty, data entry, and inventory to the extent practical.

MAINTENANCE AND REMEDIAL ACTIONS

  • The agency recognizes that unanticipated events may result in a need for maintenance and remedial work to ensure the permanence and effectiveness of AML reclamation work.
  • Any notification of a need for maintenance or remedial action should be routed to an AML Reclamation Program Manager. This AML Reclamation Program Manager will advise field staff and conduct a site visit.
  • The AML Reclamation Program Manager will consult with the AML Project Manager, Contract Coordinator, and the Grants Manager upon the scope of work and construction estimate. The AML Reclamation Program Manager will ensure the work in consistent with the original intent of the project and is also within the NEPA project boundary. The AML Office Services Specialist will update tracking sheets and AML Office.
  • The AML Reclamation Program Manager, with the assistance of other DMME staff, will coordinate development of a maintenance or remedial plan. The AML Reclamation Program Manager will submit the plan to OSM to allow determination of NEPA consultation and also request OSM approval for expenditure of maintenance funds. The AML Reclamation Program 12

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE October 21, 2010

SUBJECT

AML Procedure Guidelines Section Technical/AML/Reclamation Services Last Revised 10/16/2009 Manager will manage any required NEPA consultations and advise the Realty Specialist of the proposed action. Remedial actions do not require OSM approval.

  • Upon receiving OSM approval, the AML Reclamation Program Manager will consult with the Realty Specialist to ensure necessary entries are secured.
  • A contracting coordinator will procure a construction contractor following established procedures.

The Inspector, AML Reclamation Program Manager, along with Contract Coordinator is asked to attend any bid showing.

  • Maintenance and remedial actions are to follow established procedures for eligibility, NEPA, realty, budgeting, data entry, and inventory to the extent practical. Maintenance expenditures do not need to be reported in AMLIS. 13

Mine Ventilation and Safety StandardsDoc ID: DM-G-161221

Original: 145 words
Condensed: 98 words
Reduction: 32.4%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 14

VENTILATION, MINE GASES, AND OTHER HAZARDOUS CONDITIONS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.221. D.

Coursing of Air

Changes in Ventilation

Any change in ventilation to any split of air which increases or decreases the quantity of a normal split of air by 9,000 cubic feet per minute or which materially affects the mine ventilation system split, shall be made only when the mine is idle and power is de-energized in the affected area.

In coordinating and conducting work underground to achieve needed ventilation changes, the operator should employ only those qualified personnel necessary to perform the work.

Before power can be restored and other work performed in affected areas of the mine, a pre-shift examination as required under 45.1-161.208 must be performed.

Mine Electric Equipment Safety GuidelinesDoc ID: DM-G-161193

Original: 453 words
Condensed: 441 words
Reduction: 2.6%

I. DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

A. COAL MINE SAFETY ACT

B. CHAPTER 14.3

C. ARTICLE 11 D. ELECTRICITY E. Issue Date: 8/01/01 Revised Date: F. Page 1 of 2 Section 45.1-161.193.

Electric equipment.

45.1-161.193.C. of the Coal Mine Safety Laws of Virginia mandates that: electric equipment shall not be taken into or operated in any place where a methane level of one percent or more is detected.

If the methane monitoring system provided for the longwall face displays a low warning signal of one percent (1.0 %) methane or more on the longwall face, action in response to the methane monitoring system warning signal will be required to be initiated if the longwall face power remains energized. Article 14. §45.1-161.209.F. (vi) of the Coal Mine Safety Laws of Virginia is interpreted as applicable with respect to the methane conditions described above. Examination for gas shall be made (vi) at such other times as may be necessary or designated by the operator or mine inspector for adequate safety.

If the longwall face power is to remain energized, with the longwall face methane monitoring system displaying one percent (1.0 %) or greater methane content on the longwall face, then an authorized person certified to make gas test using an approved detecting device, properly maintained and calibrated, shall examine the longwall face entire air course for methane content. If methane content of one percent (1.0%) or greater is detected at any location across the longwall face, by the authorized person, then the longwall face power shall be de-energized.

45.1-161.222.A and B. of the Coal Mine Safety Laws of Virginia addresses the actions to be taken when one percent (1.0 %) or greater methane is present in a working place or intake air course. Certified or qualified persons trained in the use of an approved detecting device, which is properly maintained and calibrated, shall make tests for methane under this section. 45.1-161.222.B. of the Coal Mine Safety Laws of Virginia states that when one percent or more methane is present in a working place or an intake air course, including an air course in which a belt conveyor is located, or in an area where mining equipment is being installed or removed, work shall cease and electrical power shall be de-energized in the affected working place at the equipment with the exception of the intrinsically safe atmospheric monitoring systems (AMS). Changes or adjustments shall be made to the ventilation system to reduce the concentration to below one percent. Only work to reduce the concentration of methane below one percent shall be permitted. This does not apply to other faces in the entry or slope in which work can be safely continued.

Show Cause Orders & Permit ReinstatementDoc ID: DMLR-P-3310

Original: 1,633 words
Condensed: 1,400 words
Reduction: 14.3%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.10

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Show Cause Order & Permit Section Reclamation Services & Administration

Suspension/Revocation Last Revised 2/11/02

OBJECTIVE AND INTENT:

To ensure DMLR properly identifies grounds for the issuance of a Show Cause Order, which may result in the suspension or revocation of a permit due to the permittee’s alleged pattern of violations or failure to pay a final civil penalty.

PROCEDURES:

Reclamation Services Section’s Responsibility -

The Field Inspector shall routinely review a permittee’s record of violations for his/her assigned permits to determine if a possible pattern of violations exists.

To identify a possible pattern of violations, the Inspector may access and obtain a current “Pattern of Violations Report” (DMLR.ENPR.02) from the DMLR computer system for his or her area.

The Supervisor must run the “Pattern of Violations Report” at least quarterly to determine whether a possible pattern of violations exists for any permit within his/her area of responsibility. The Supervisor shall inform the Inspector as to whether the report indicates a possible pattern of violations.

Based upon 2 or more inspections of the permit area within a 12 month period, the Inspector/Supervisor may determine that a pattern exists when the permittee has:

  • 3 violations of the same or related requirements1 of the Act, regulations, or the permit;
  • failed to abate a violation cited in a NOV or CO within the set abatement period; or,
  • a number of violations, cited on more than one occasion, of different requirements of the Act, regulations, or the permit.

In determining whether a pattern is present, the Inspector shall consider the circumstances that led to the violations. The Inspector must also determine the extent to which the violations were isolated departures from lawful conduct, or were caused by the permittee’s willful or unwarranted failure to comply with the requirements of the Act, regulations, or the permit.

If the permittee failed to abate a violation contained in a NOV or CO, the underlying NOV or CO and the failure to abate CO will be sufficient to show a pattern of violations.

Should the Inspector determine that a possible pattern of violations exists, he or she shall prepare a written fact sheet within 5 days, delineating the alleged pattern. The fact sheet shall provide the history of the specific violations, in concise chronological order (most recent date first), which are alleged to have established the pattern of violations.

The fact sheet shall be forwarded to the Supervisor, who in turn will forward a copy to the Reclamation Office Services Specialist. 1 The performance standard codes utilized in inspections are not the performance standards in themselves. The Inspector must look specifically to the regulatory, statutory, or permit requirement/condition that has been violated to determine if a pattern is present. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.10

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Show Cause Order & Permit Section Reclamation Services & Administration

Suspension/Revocation Last Revised 2/11/02 Concurrently, the Inspector shall immediately inform the permittee of the pattern determination. This will allow the permittee the opportunity to provide comments or evidence for the Inspector’s consideration.

The Inspector shall also inform the permittee of the right to submit to the Reclamation Services Manager (within 15 days) written comments that a pattern does not exist.

Information and comments received from the permittee must be discussed and evaluated between the Inspector and Supervisor and a determination made of the existence of a “Pattern of Violation”. If no information is received from the permittee, a decision determining whether a pattern of violations exist will be based upon the information contained in the official record.

After a determination has been made, and within 25 days of the fact sheet date, the Supervisor shall:

  • contact the Assessments Section to see if the permittee has failed to pay civil penalties. If payment of DMLR assessed penalties are past due, they will be included in the order.
  • send a final recommendation and supporting materials to the Reclamation Services Manager. A draft Show Cause Order or Letter of Notification that a Pattern of Violations Does Not Exist shall be prepared in consultation with the Reclamation Services Manager for his signature.

NOTE: In the event that the permit’s bond is a surety or third party bond, the Reclamation Services Manager shall direct that the bond provider be notified in writing (certified mail, return receipt requested) of the potential show cause order. This will enable the bond holder to exercise influence over the permittee and possibly prevent suspension or revocation of the permit.

The Reclamation Services Manager shall review the recommendation within 30 days of the fact sheet date and issue a final decision concerning the possible pattern of violations. The written decision will be immediately communicated to the Supervisor and Inspector.

The Reclamation Services Manager shall sign and issue the Show Cause Order (with a copy to the surety, and if applicable to any lien holder) or Letter of Notification that a Pattern of Violation Does Not Exist.

The Reclamation Office Services Specialist shall place a copy of the final determination in the appropriate permit file.

Recording and Tracking Show Cause Order Actions (Pattern of Violations) -

After the Supervisor determines or concurs with the Inspector that a possible pattern exists, the Supervisor shall notify the Reclamation Office Services Specialist of the determination, who will:

  • assign a tracking number for the determination and inform the Supervisor and Inspector of the number for future reference;
  • enter relevant data into the DMLR computer system; and,
  • prepare and maintain a file for tracking subsequent action concerning the determination.

Once a show cause order for a pattern of violations is issued, the Reclamation Office Services Specialist 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.10

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Show Cause Order & Permit Section Reclamation Services & Administration

Suspension/Revocation Last Revised 2/11/02 and Supervisor will monitor the 15 day period in which the permittee may submit a written request for a formal administrative hearing to contest the order.

If the permittee does not timely request a formal administrative hearing, the permit suspension or revocation will become final. The Reclamation Services Manager will prepare a letter for the Division Director’s signature which:

  • notifies the permittee that the permit has been suspended or revoked, and if suspended,
  • informs the permittee of the actions which must be taken to avoid permit revocation and forfeiture of the permit’s performance bond.

If the permittee fails to take action to avoid the bond forfeiture, Procedure #3.3.09 shall be implemented immediately.

Permittee’s Right of Appeal -

The permittee shall have 15 days from receipt of the Show Cause Order to submit in writing:

  • an answer as to why the permit should not be suspended or revoked, and/or
  • a request for a formal public hearing to contest the order.

The hearing will be provided per 4 VAC 25-130.843.13(b).

If the final administrative or judicial appeal decision revokes or suspends the permit, (and the permittee’s right to mine under the Act,) the permittee shall be immediately instructed to cease surface coal mining operations on the permit area and to:

  1. complete reclamation within the time specified in the decision (if the permit and right to mine under the Act were revoked); or
  1. complete all affirmative obligations to abate all conditions, practices or violations, as specified in the decision (if the permit and the right to mine under the Act were suspended) .

The Inspector shall monitor the permit site to ensure compliance with the final administrative or judicial review decision.

Assessment Officer’s Responsibility -

The Assessment Officer may prepare a Show Cause Order to suspend or revoke the permit if the permittee failed to timely pay a final civil penalty (4 VAC 25-130.845.20(e)).

As previously stated, the Reclamation Services Section and Assessment Officer shall coordinate the preparation of show cause orders for patterns of violation to include the permittee’s failure to pay a final civil penalty.

If the Show Cause Order is to be issued only for the permittee’s failure to pay the civil penalty, the Assessment Officer will prepare the Show Cause Order (with a copy to the surety, and if applicable to any lien holder) for the Division Director’s signature. The Show Cause Order shall inform the permittee: 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.10

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Show Cause Order & Permit Section Reclamation Services & Administration

Suspension/Revocation Last Revised 2/11/02

  • that the permit may be suspended or revoked for the permittee’s failure to pay the outstanding penalty debt.
  • of the right to appeal.
  • that payment of the outstanding civil penalty would terminate the order.

The Assessments Officer shall ensure that the Reclamation Services Manager and Reclamation Program Manager-Permitting are immediately notified of the termination of the “penalty” Show Cause Order.

If the permittee does not timely submit payment of the penalty, the Assessments Officer shall prepare an order of suspension for the Division Director’s signature. The order shall allow the permittee 30 days to submit payment in full. If payment is not received by the due date, an order of revocation shall be prepared by the Assessments Officer for the Division Director’s signature. These orders shall be sent to the permittee by certified mail, return receipt requested.

The Assessments Officer shall forward a copy of each suspension and revocation order (and any subsequent action thereof) to the Reclamation Field Inspector, Area Supervisor, Reclamation Services Manager, and Reclamation Program Manager-Permitting.

In the event that the permit was suspended for failure to pay a civil penalty and the permittee subsequently submits payment, the Assessments Officer shall prepare an order rescinding the suspension order. A copy of the termination of the Show Cause Order shall be provided to the Reclamation Field Inspector, Area Supervisor, Reclamation Services Manager, and Reclamation Program Manager-Permitting. 4

Guidelines for On-Shift Mine ExaminationsDoc ID: DM-G-161209

Original: 426 words
Condensed: 387 words
Reduction: 9.2%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 14

VENTILATION, MINE GASES, AND OTHER HAZARDOUS CONDITIONS Issue Date: 4/10/00 Revised Date: Page 1 of 2 Section 45.1-161.209.

On-shift Examinations

Sections Where Coal is Produced

On-shift examinations are required by the MSA at least once during each shift where coal is produced, and more often if necessary, by a certified mine foreman. The examination for hazardous conditions must include active roadways, travelways, working places, approaches to abandoned areas and pillar lines, and equipment on the underground section.

Other Areas Requiring On-shift Examinations

Those areas where mechanized mining equipment is being installed or removed during the shift must receive an on-shift examination. Belt conveyor set-ups and curtailment are considered to be installation of mechanized mining equipment. Also, longwall set-up and recovery activities would require on-shift examination.

When non-production work (such as scooping roadways, rock dusting, roof bolting places mined on previous shifts, or spot bolting and moving power centers, pumps or chargers) is being performed, an on-shift examination is not required.

Surface Areas of Underground Mines

Daily and on-shift examinations of surface areas of underground mines shall be made in accordance with the requirements of daily and on-shift examinations at surface coal mines as provided in 45.1-161.256.

On-shift examinations for hazardous conditions on belts that extend from underground must be conducted by a certified person at least once during the shift when the belts are in operation. Examinations must include all mobile equipment used on the surface at the underground mine. This would include loaders, haulers, fork lifts and other mobile equipment dedicated to surface work. The performance of a pre-operational check by equipment operators or other authorized persons will meet this examination requirement.

A record of these examinations should be kept in a book for that purpose. Pre-operational and on-shift examination records should be available for 10 consecutive workdays. The pre-operational examination will suffice for DM’s on-shift, however, any hazardous conditions found and corrected must be entered into the mine on-shift report and maintained for twelve months.

Preparation plants (each floor), conveyor belts, draw off tunnels, silos, catwalks, shops, stock piles, and other locations where coal is stored or handled must have on-shift examinations conducted when coal is being processed. Mine refuse piles must also be examined daily by an authorized person on any day a person works at such location. Any other work area physically attached to the mine would require on-shift examinations.

Records of on-shift examinations are required pursuant to 45.1-161.213 D and 45.1-

161.257 C.

Virginia Coal Mine Inspector Certification RequirementsDoc ID: DM-C-MI

Original: 372 words
Condensed: 313 words
Reduction: 15.9%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS

CERTIFICATION REQUIREMENTS

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20 (VR 480-04-2), which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Mine Inspector This certification authorizes the holder to: Qualify for Department of Mines, Minerals and Energy, Division of Mines Inspector positions Conduct safety and health inspections at underground and surface coal mine sites when employed by the Division NOTE: This certification shall not be used in lieu of any other certification. Issued only if employed by the Division of Mines.

APPLICATION/EXPERIENCE REQUIREMENTS: Application (BCME-1) and $10.00 fee 5 working days prior to examination Hold a valid First Class Mine Foreman Certification in Virginia Seven years underground mining experience Three years credit will be granted for a degree in mining engineering from an approved four-year college Current first aid training (MSHA first aid 5000-23 acceptable)

THIS CERTIFICATION IS CRITERIA FOR EMPLOYMENT WITH THE DIVISION OF

MINES WHEN APPLYING FOR CERTAIN POSITIONS.

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination.

ELEMENTS OF EXAM NUMBER OF QUESTIONS Fires and Explosives (FX) 20 First Aid (FA) 20 Explosives (EX) 20 Electricity (EC) 20 Mine Gases (MG) 20 Mining Laws (ML) 50 Ventilation (VE) 20 Federal Regulations 20 Accident Report - completion of form (AR) Inspection Report - completion of form (IR) Records – Preshift/Onshift (PO)

  • continued on back - Records – Practical Exercises (PS)
  1. Ventilation
  2. Roof Control
  3. Emergency Response

RECOMMENDED REFERENCE/STUDY MATERIALS: Title 30 CFR Part 75, 77 Coal Mine Safety Laws of Virginia BCME Requirements Practical Records First Class Mine Foreman Study Guide First Aid For Miners Study Guide Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 4 hours biannual First Class Mine Foreman Continuing Education will update this certification.

Revised 7/01/01

Virginia Mine Emergency Response Plan GuidelinesDoc ID: DM-M-06-03A

Original: 739 words
Condensed: 481 words
Reduction: 34.9%

DIVISIONS

ENERGY

GAS AND OIL

GEORGE P. WILLIS

MINED LAND RECLAMATION

ACTING DIRECTOR

MINERAL MINING

MINERAL RESOURCES

MINES

ADMINISTRATION

CCO

OM

MM

MO

ON

NW

WEEA

ALLTTH

H O

OFF V

VIIRRG

GIIN

NIIA A Department of Mines, Minerals and Energy P.O. Drawer 900 Big Stone Gap, Virginia 24219-0900 (276) 523-8100

FAX (276) 523-8148

MEMORANDUM DM- 06-03

TO: All Underground Coal Mine Operators

FROM: _________________________________________ Frank A. Linkous, Chief

SUBJECT: Emergency Response Plans

DATE : April 4, 2006

On March 30, 2006, the Governor signed House Bill 1443 which amended Section 45.1-161.202 of the Virginia Coal Mine Safety Act addressing Emergency Response Plans (ERP). This amendment became effective immediately upon the Governor’s signature and provides for the following changes to emergency response plans:

  • Mine ERPs must include mine emergency communication provisions;
  • Mine ERPs must address such other provisions as the Chief may reasonably require;
  • The Chief may require periodic updates to an operator’s ERP;
  • Operators must comply with the requirements of the approved plan; and
  • Mine ERPs must address provisions of an adequate supply of approved self-rescue devices, each of which provides an hour or longer protection.

Further, the Department of Mines Minerals and Energy (DMME) is to assess wireless communication and miner location systems to determine their effectiveness and availability. The findings and recommendations resulting from this assessment will be reported to the General Assembly. Following the submission of the report, the Chief of the Division of Mines may require the use of such systems as part of the operator’s mine emergency response plan.

In order to implement the requirements of HB 1443, all licensed underground coal mine operators must submit an amended ERP, for approval by the Chief, which addresses required changes.

These amended plans must be received by the Division of Mines at the Big Stone Gap or Keen Mountain office no later than Monday, May 15, 2006.

EQUAL OPPORTUNITY EMPLOYER TDD (800) 828-1120 --- Virginia Relay Center Memorandum DM-06-03 April 4, 2006 Page 2

The DMME is aware of the federal Mine Safety and Health Administration (MSHA) emergency temporary standards, which became effective March 9, 2006. Many of these mandatory standards will be similarly addressed in the amended Virginia emergency response plan. It is critically important that emergency response planning, organizing, and leadership at a mine be consistent in focus and direction. Therefore, the Virginia ERPs must address, where appropriate, the MSHA emergency temporary standards.

To enable an effective and efficient development, review, and approval process for amending mine ERPs, DMME staff have developed a generic plan which incorporates the mandatory federal and state requirements, and the additional requirements that the Chief has determined must be included in the mine ERP. These additional requirements have been identified based on recent meetings with representatives of mine operators and labor, and by consultation with the Virginia Coal Mine Safety Board. You are encouraged to use the enclosed draft to develop your mine specific ERP. Also, drafts of federal Parts 48 and 75 plan requirements to meet MSHA emergency temporary standards are provided for your assistance in meeting these requirements.

Each underground mine has different and, in some cases, unique situations which must be considered and addressed in developing an effective ERP. Therefore, you should modify the enclosed generic plan as needed to fit your individual situations. The Division will be completing audits of each underground mine’s emergency preparedness, including the ERP, in the coming months. The Division will make every effort to work with operators to review and approve ERPs as soon as possible after they are received. We will wait until after the revised plans have been put in place before we begin these audits.

Controlling the mining process is a critical function of mine management. When an emergency occurs within the mining process, it is important that mine leadership responds to effectively control the events to preserve life and property. This requires effective planning, efficient organization, and well-trained and equipped leaders who are capable of responding.

In developing your emergency response plan, please feel free to contact your assigned Division of Mines Inspector or any other Division representative for assistance. You may call 276-523-8229 in the Big Stone Gap area or 276-498-3125 in the Keen Mountain area for assistance. Also, if you would like to download the draft materials to use in developing your plan, you may do so at the DMME website, www.dmme.virginia.gov. Documents have been prepared in Microsoft Word to assist you.

Enclosures

Employee Safety and Incident Response ProceduresDoc ID: DMLR-P-1201

Original: 559 words
Condensed: 512 words
Reduction: 8.4%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Threatening, Abusing, or Impeding a Section All Division Employee Last Revised 3-12-97

OBJECTIVE AND INTENT:

To support Division employees threatened, abused, or impeded (by clients) in the performance of their responsibilities.

PROCEDURES:

In the event of a confrontation at a site within the Division’s jurisdiction, the employee shall immediately leave the site in a professional manner. The employee shall report the incident to his or her supervisor. If there is a life-threatening situation or departure from the site is not possible, the Big Stone Gap office should be contacted by radio, if possible, so the proper authorities may be summoned.

The appropriate manager should be immediately notified of the situation. The employee receiving the radio or telephone call for assistance shall immediately advise the employee as to what assistance has been dispatched.

All the facts concerning the confrontation must be documented by the employee and provided to the first level manager as soon as possible (preferably the same day the confrontation occurred). This information shall be transmitted from the manager to the Division Director who will determine and initiate the appropriate legal action.

The Director shall make a determination of whether to pursue legal action, based on the facts gathered from an internal investigation of the incident. (This should occur within 5 workdays after the incident is reported.)

If legal action is warranted, the Division Director may recommend or order the following:

  • that the employee file a civil and/or criminal charge against the person(s) with the appropriate County/City Magistrate in a situation of assault or battery. The appropriate Commonwealth Attorney must prosecute the case based on charges filed by the affected employee or a witness to the incident.

The Division shall provide administrative assistance to the employee in obtaining the summons or warrant;

  • that the employee file criminal action under 45.1-246(E-G) or 45.1-257 of the Act for the person’s alleged willful violation of the Act; and/or
  • when an employee has been unlawfully impeded from performing his or her duties, the Division may take administrative action to revoke or suspend the permit (if the incident occurred on a permitted site).

In determining the appropriate legal action to pursue, Division management on a case-by-case basis may consult with the Assistant Attorney General.

The Division Director’s final written determination or course of action should be provided to the employee within five working days after the incident is reported.

If the other party to the incident initiates legal action against the Division’s employee, the Division will use its available resources to support and defend the employee as long as the employee acted in a reasonable and professional manner, in good faith, and within the scope of employment. If the employee acted beyond the scope of employment or in an irresponsible manner, he or she shall be held accountable to the Division under the Commonwealth’s Standards of Conduct and Performance rules. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Threatening, Abusing, or Impeding a Section All Division Employee Last Revised 3-12-97 Nothing herein precludes the employee from initiating civil and/or criminal action on his or her own accord. The employee should inform his or her supervisor and the Division Director when independent civil or criminal action is initiated. 2

Midterm Permit Evaluation ProceduresDoc ID: DMLR-P-2305

Original: 428 words
Condensed: 376 words
Reduction: 12.1%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.05

PROCEDURES MANUAL

ISSUE DATE

08/15/2013 SUBJECT Midterm Permit Evaluation Section Enforcement/Technical Section Last Revised

06-20-02

OBJECTIVE AND INTENT:

To ensure the enforcement and technical personnel schedule and perform midterm permit evaluations as required by the regulations.

GENERAL:

Midterm permit evaluations shall be made in accordance with 4 VAC 25-130-774.11 of the regulations.

PROCEDURES:

The Intray tickler system shall start informing the Field Inspector 45 DAYS prior to the midterm date with a note reminding the inspector that a midterm review must be conducted. The inspector will complete the Midterm E-form to make sure that all the Yes and No questions are answered.

The Field Inspector shall ensure that the midterm evaluation is completed by the due date.

Field Evaluation: The Inspector shall conduct a comprehensive field midterm review and inspection to determine the effectiveness of the permit’s current detailed plans in meeting the performance standards. A reassessment of the probable hydrologic consequences (PHC) may be required (if so, this must be noted in the Midterm E-form).

If the field review reveals that:

  • the plans are effective; the Inspector shall document such in the inspection report (DMLR-ENF-044S) and on the Midterm E-form.
  • the plans are not effective; the Inspector shall document such in the inspection report (DMLR-ENF-044S) and on the Midterm E-form explaining the portion of the plans that are deficient. The E-forms System will notify the permittee by e-mail with the Inspector’s comments that need to be addressed and that the permittee is required to request a data download and submit a revision to the plans for approval to address the needed corrections.
  • Upon finding the application Administratively Complete, the Inspector will note in the Inspector’s Checklist that the application is being submitted to address comments on the Mid-Term evaluation. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.05

PROCEDURES MANUAL

ISSUE DATE

08/15/2013 SUBJECT Midterm Permit Evaluation Section Enforcement/Technical Section Last Revised

06-20-02 The Inspector shall enter “Midterm review” in the “TYPE OF REPORT” section of

DMLR-ENF-044S.

Permit Review Specialist

In the event a revision application is submitted as a result of a Midterm evaluation, deadlines must be assigned to each return for corrections. The deadline will be 30 days for each submittal.

Field Inspector

If the permittee fails to submit the revision application or meet the assigned deadline for re-submittal of corrections, the Field Inspector shall issue a Notice of Violation to the permittee for failing to comply with the abatement date set forth in the Midterm evaluation e-mail or meet the deadline for re-submittal of corrections. 2

Mining Foreman Certification RequirementsDoc ID: DMM-C-F

Original: 292 words
Condensed: 292 words
Reduction: 0.0%

CERTIFICATION REQUIREMENTS FOR FOREMAN

SURFACE FOREMAN:

 Minimum 5 years mineral mining surface work experience  2 year work credit for Associate Degree in Mining Technology or Civil Technology  3 year work credit for Bachelor Degree in Mining Engineering, Civil Engineering, Mining Technology, Civil Technology, or Geology)  Proper completion of Board of Mineral Mining Examiners Application Form (BMME-1)  Proper completion of Board of Mineral Mining Examiners Work Experience Form (BMME-2)  Submit copy of valid first aid card, showing completion of an approved first aid course  Submit $10 examination fee with BMME-1 and BMME-2 at least five working days before exam, in the form of a check or money order, payable to the Treasurer of Virginia  Pass the BMME Surface Foreman exam, scoring at least 85% on each of 5 parts

CERTIFICATION EXAM PARTS:

Part 1 – First Aid (20 questions)

Part 2 – Foremanship/Foreman Responsibilities (20 questions)

Part 3 – Operational Safety and Reclamation (50 questions) Part 4 – Safety Training and Recordkeeping (20 questions) Part 5 – Drilling/Blasting (20 questions) -- not required for Surface Foreman Open Pit Certification

UNDERGROUND FOREMAN:

 Minimum of 5 years mineral mining underground experience  Pass the BMME Underground Foreman exam, scoring at least 85% on each of 4 parts  All other criteria listed under Surface Foreman (above) applies

CERTIFICATION EXAM PARTS:

Part 1 – First Aid and Accident Reporting (20 questions) Part 2 – Safety/Health Regulations for Surface and Underground, Parts 1-14, 16 (20 questions)

Part 3 – Safety/Health Regulations for Underground, Part 15 (40 questions)

Part 4 – Mine Gases, Ventilation, and Ground Control (20 questions)

ALL APPLICANTS WILL BE NOTIFIED BY MAIL OF THE EXAM RESULTS WITHIN 2 WEEKS

REV. 9/01

OVER FOR BLASTER REQUIREMENTS

Relinquishment Procedures for Mined LandDoc ID: DMLR-P-2207

Original: 362 words
Condensed: 295 words
Reduction: 18.5%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.07

PROCEDURES MANUAL ISSUE DATE June1, 2013 SUBJECT Relinquishments Section Technical/Permitting Last Revised 05-13-2013

OBJECTIVE AND INTENT:

To ensure relinquishments of acreage and Proposed Underground Mining (PMU) areas from one permit to another are reviewed and processed in accordance with the regulations.

PROCEDURES:

The Field Inspector shall ensure that the applicant submits:

  • a request to permit acreage currently permitted by another permit. This request shall be a part of the applicant’s new permit, revision, or renewal application; and
  • a duly signed and executed relinquishment form (DMLR-PT-027). This form is required for all relinquishments, with the exception discussed below. When the entire permitted acreage is not being relinquished, the application must also contain a relinquish map, which: § shows the entire permit boundary outlined in red, § shows the area to be relinquished outlined in purple and cross-hatched purple, and § includes a properly completed map legend (DMLR-PT-017).

For a company relinquishing Proposed Underground Mining area, only a duly signed and executed relinquishment form (DMLR-PT-027A) is required.

Relinquish maps and forms are not required to permit undisturbed portions of a permit for which completion maps were approved (provided the undisturbed area was deleted under the completion report).

The Inspector shall compare or check, for accuracy and completeness:

  • the relinquish map and legend against the current map on file.
  • the relinquish map against the application, revision, or renewal map to ensure the acreage being relinquished is being picked up by the applicant.
  • the application, revision, or renewal map against the completion map for the relinquishing permit to ensure the acreage is shown in its current state (i.e., disturbed, regraded, vegetated, etc.).
  • the relinquishment form to ensure that it is signed by an authorized representative of the relinquishing company.

Permit Processing:

The area to be relinquished shall remain the responsibility of the relinquishing company until the Division issues the permit, revision, or renewal.

The relinquish map will be placed in the permit jacket of the relinquishing permit; the relinquishment form will remain in the application.

The Review Inspector shall coordinate the bond adjustment on the relinquishing permit, if applicable, following issuance of the permit, revision, or renewal. 1

Surface Mine Ground Control Inspection ProceduresDoc ID: DM-P-10411

Original: 1,659 words
Condensed: 1,323 words
Reduction: 20.3%

DIVISION OF MINES CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO.: 1.04.11 SUBJECT: Surface Mine Inspection -Ground Control Plans ISSUE DATE: June 20, 2005

LAST REVISED: 02/06

OBJECTIVE AND INTENT

To ensure that all surface coal-mining operations establish and follow a ground control plan approved by the Chief to ensure the safety of workers and others affected by the operations.

Purpose: This manual establishes procedural requirements and responsibilities for Division of Mines (DM) operational activities.

Scope: The standard operating procedures contained in this manual apply to all Division of Mines personnel, and are to be developed and implemented to focus resources effectively and efficiently toward achieving our mission.

Responsibility: The Chief of the Division of Mines is responsible to see that procedures and standards necessary for the effective and efficient operation of programs are developed and practiced. Area Supervisors are accountable to the Chief for implementation and follow-up on all standard operating procedures, which apply to their duties and to the duties of those whom they supervise. Each DM employee is responsible to conduct his/her assigned duties in full conformance with established standard operating procedures.

GENERAL: The mine operator will submit for review and approval a ground control plan consistent with prudent engineering design, which effectively addresses:

 Wall and bank stability, including benching to obtain a safe overall slope.

 The safety of persons in residences or other occupied buildings.

 Working or traveling on any roadway and in any other area where persons congregate, work or travel that may be affected by blasting or falling, sliding or other uncontrolled movement of material.

Rev. 02/06 1-5  How residents or occupants of other buildings located down the slope from active workings will be notified when ground-disturbing activities will take place above them.

 Notification of what actions will be taken to protect such residents or occupants from ground control failures during the work.

The Division of Mines (DM) and Division of Mine Land Reclamation (DMLR) will jointly review, approve and enforce the ground control plans mandated by 45.1-161.287A. The procedures that follow will enable efficient and effective administration of this standard.

PROCEDURE:

1. REVIEWING AND APPROVING THE OPERATOR’S GROUND CONTROL PLANS:

 Ground Control Plans submitted for review and approval will be routed to the Operator Assistance section and date stamped as received. Red zones are defined as “ work areas that represent a potential hazard to the public safety.” Priority review will be given to those plans, which identify “active red zone” areas. Active red zone areas are red zone areas where mining activities are being conducted or will be conducted in the immediate future that may affect the public off the permitted site.

 The ground control plan, including map, will be scanned and stored on the server and available for review by assigned DM and DMLR personnel.

 The DM Specialist in the Operator Assistance section will notify the DM Mine Inspector, DM Inspector Supervisor, Mine Safety Engineer and Chief that the plan for that mine is available for review. The designated DMLR contact person will also be notified to initiate the DMLR review procedures.

 Following initial review and comments from all reviewers, the assigned DM Specialist will attach a summary of the review to the proposed plan with a joint recommendation to approve or disapprove the plan as submitted.

 Should the review process determine differences between DM and DMLR reviewers, the DM Specialist will meet with the DMLR representative to achieve concurrence with the joint review.

2-5  All ground control plans, which include “red zone” areas with safety precautions, will require a field evaluation to review this element of the plan. If “red zones” are not included with the plan but are considered needed, then a joint field review will also be required prior to approval.

 After the Department of Mines, Minerals and Energy (DMME) review has been completed, the Mine Safety Engineer will have prepared the appropriate response letter to the mine operator either approving the plan or returning disapproved with reasons the plan could not be approved.

 The Chief of the DM and the Director of the DMLR will sign jointly approval letters for ground control plans.

 A copy of the approved plan will be entered in the DM Approved Plan Files accessible through the DM Enforcement system and included in the DMLR approved permit.

 Annually with receipt of the surface mine maps, the DM Specialist will coordinate a joint review with DMLR of the approved ground control plan to determine the adequacy of the plan.

2. SCHEDULING OF JOINT INSPECTIONS FOR “ ACTIVE RED ZONE” AREAS:

 The DM and DMLR Inspectors will contact each other prior to beginning an inspection to coordinate each inspector’s schedule in order to achieve the joint inspections of the active red zone area.  The DM Mine Inspector will perform coordinated inspections of “ active red zone” areas and then perform inspections of other surface mine areas addressed in the approved ground control plan through the normal course of his inspection activities at the mine. These inspection activities of other surface mine areas do not require joint inspections with the assigned DMLR Inspector.

3. CONDUCTING THE JOINT INSPECTION ACTIVITIES FOR “ACTIVE RED

ZONE” AREAS:

 The inspection will begin with a joint review of the approved ground control plan to include the mine map identifying the “red zones”.

 The Surface Foreman will be included in the review, and his understanding of the plan will be evaluated.

3-5  Work conducted and being planned in “active red zones” will be jointly evaluated for compliance with the approved plan.

 Records of training of miners and notifications of citizens will be reviewed for accuracy and completeness. Confirmation with a representative number of those trained and contacted will be made as part of the inspection of records.

4. ISSUANCE OF ENFORCEMENT ACTIONS:

 During joint inspections, if the Inspectors find that a violation has occurred within a red zone that has affected or could potentially affect the public's health and safety (for the public located off the permit), then the DMLR Inspector will take the appropriate enforcement action, which will represent the enforcement action of DMME. If the Inspectors find that a violation has occurred within a red zone that has affected or could potentially affect the health and safety of persons on the licensed mine site, then the DM Inspector will take the appropriate enforcement action, which will represent the enforcement action by DMME.  Any failures to comply with the approved ground control plan in “active red zone” areas will be discussed following the joint inspection by the DM and DMLR Inspectors. Should there be a difference of interpretation and appropriate application of enforcement actions, the Supervisors of the Inspectors will be contacted for assistance in achieving a prompt resolution. Note: Any differences in interpretation and application of standards and compliance activities that occur between DM and DMLR Inspectors shall be resolved with and in the presence of DMME personnel and without direct involvement of the operator, public or other interested parties.

 Failure to abate any enforcement action written during joint inspections of ground control plans will result in immediate coordination with Supervisors and prompt action to include correction and/or closure orders for the affected area of the mine.

 The DM Mine Inspector will document the findings, compliance actions and follow-up corrective actions taken by DMLR during joint inspections of ground control plans in the narrative of the mine inspection report.

5. SURFACE MINE RISK ASSESSMENT:

 Consistent with Sec. 45.1-161.81 and Sec. 45.1-161.82 of the Coal Mine Safety Act, additional inspections will be scheduled for surface mines which have identified “active red zones” in their ground control plans.

4-5 DM Inspectors will assess the risk to public safety from work activities at surface mines during the course of each inspection. Surface mines having “active red zones” where residences or other occupied buildings are identified, off the permit site, will receive one additional regular (total of two regular) inspections annually.

Also, one spot inspection each six months will be conducted (total of two spot inspections), i.e., If a surface mine already is scheduled one regular and two spot inspections for the year, it would be assigned one more regular, or if it is assigned one regular, it would be assigned one more regular and two spot inspections.

The DMLR is required to conduct at least three inspections per quarter at permitted coal mine surface sites, and the DM is required to conduct a complete inspection at surface coal mines once per year with additional inspections scheduled by risk assessment.

According to laws, regulations, and established procedures governing each division, inspections of “active red zone” areas will be conducted jointly at least once each quarter.

Additional inspections will focus on ground control plan compliance.

6. MISCELLANEOUS:

Should an Inspector from DM, while conducting an inspection of a mine site, observe a deficiency that lies within the jurisdictional area of DMLR, he will contact the assigned Inspector or Supervisor from that Division and report the condition. Representatives of both Divisions will evaluate the conditions to determine the necessary response time from DMLR.

After a permitted site has completed initial reclamation (disturbance has been backfilled and seeded) and the licensee submits required information along with a written request to abandon a mine license, DM will consider the site abandoned and will no longer inspect the site, including the “red zone” areas. Any work required in preparation for release of the DMLR permit, such as general maintenance, re-seeding, cleaning out or removing ponds, and maintenance of roads, would be under the DMLR jurisdiction.

DMLR will conduct inspections of “red zone” areas at mine sites where the mine license has been abandoned until final bond release without representation of the

DM.

DM and the DMLR will continue to review inspection procedures and, to the extent possible, eliminate duplication of inspection efforts.

5-5

Permit Material Receipt and Processing ProceduresDoc ID: DMLR-P-3319

Original: 1,044 words
Condensed: 906 words
Reduction: 13.2%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.19

PROCEDURES MANUAL

ISSUE DATE 06062013 SUBJECT Inspector receipt , review and processing of permit materials Section Reclamation Services Last Revised New procedure

OBJECTIVE AND INTENT:

To provide the DMLR staff and the Lebanon Office personnel guidance on the receipt, tracking, and processing of permit materials to ensure timely reviews by the field staff.

PROCEDURES: NOTE: These procedures will be followed for all permit materials prior to being officially entered into the DMLR system for review (by DMLR’s permitting and Technical Sections).

  • Permit material(s) are submitted by walk-in or by mail at DMLR’s Big Stone Gap or Lebanon Offices. Permit materials are also received directly by inspectors in the field and by e-mail (e-forms). It is the responsibility of the DMLR to ensure that any permit material(s) submitted by industry is reviewed and promptly processed. If field inspectors are unable to provide a prompt review due to extended leave, workload, etc., it is their responsibility to ask another inspector to review the EP application(s) or E-form(s). If this is not possible, the supervisor must be notified.
  • When permit applications or revisions are received at the Big Stone Gap or Lebanon office, the office service specialist will determine the appropriate inspector. If the inspector cannot be readily determined, the office service specialist will contact the DMLR supervisor to determine the appropriate inspector. The office service specialist will stamp the envelope containing the permit materials with the present date to document that the DMLR office has received the materials.

This will not start the official review process.

  • Upon determination of the appropriate inspector, the office service specialist will send an e-mail to the appropriate inspector and copy the supervisor making them aware that they have permit materials to be reviewed. This material will be given to the appropriate inspector or placed in his/her mailbox.
  • Upon receiving a new permit application or revision to an existing permit, it is the field inspector’s responsibility to write the date that they received the materials on the application. This will provide a record when the application was received; however this does not mean that the inspector has determined the application to be administratively complete. If the permittee or the consulting engineer requires a signature of the inspector for receipt of the materials, please be sure to document on the receipt form a statement that you are only receiving the material and the inspector has not made a determination of administrative completeness.
  • The field inspector must list the time spent on the review of revisions, renewals, new permit applications, coal exploration notices, etc. under the time code “ENF-Review Material” and also record in the comments section of his/her electronic diary the name of the permittee/company and a description of the permit materials reviewed along with the application number for future reference. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.19

PROCEDURES MANUAL

ISSUE DATE 06062013 SUBJECT Inspector receipt , review and processing of permit materials Section Reclamation Services Last Revised New procedure Administratively Complete Determination

Inspectors must ensure that all application materials are administratively complete before uploading them into the DMLR system to begin the official review process. Please ensure that each application has included, at a minimum, the following information to help make an administrative completeness determination:

  • The field inspector should fully check the application, which would include reviewing each item in each section pertaining to the type of application being submitted. For new applications and acreage amendments (AA) this would include every section.
  • For each application every yes and no question should be answered. Accompanying narratives should be attached that are appropriate and relevant to the area being permitted or revised.
  • Data fields should contain relevant information and match information provided in narratives and maps. Maps and narratives should match the data (e.g. the data or narrative specifies 5 hollow fills and only three are on the map, each item should match)
  • At no time will an application be deemed administratively complete if right of entry (ROE) information is not included in the application. If the field inspector has a question about the ROE information, he/she should contact a supervisor and discuss the issue. Questions may also be directed to a permit reviewer in the office.
  • The field inspector is not expected to conduct a technical review of the application, but only to make sure each required item is addressed in a relevant manner.
  • If at any time there are questions concerning completeness of an application, the field inspector should contact his/her supervisor or office personnel (Technical or Permitting Managers) to assist in this determination.

Upon completion of this review, if items are missing or listed as pending (excluding the ACOE permit) the application should be returned to the applicant or consultant. A list of the required corrections or additional information will be documented and provided to the company’s representative (inspector will keep a copy for his/her records).

Once the corrections are made and resubmitted to the inspector, the inspector will record the date on the revised permit material(s) and complete the review in a timely manner. If the application is determined to be administratively complete by the inspector, a publication number will be given to the company’s representative.

Any necessary inspector comments (including request for priority review) will be included and the application will be upload into DMLR’s electronic permitting system. Once uploaded, it will be considered officially submitted and will be routed for processing and review by DMLR’s appropriate Sections (Permitting, Mapping, and Technical). 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.19

PROCEDURES MANUAL

ISSUE DATE 06062013 SUBJECT Inspector receipt , review and processing of permit materials Section Reclamation Services Last Revised New procedure NOTE: If an application is uploaded for office review and a determination is made that the information submitted is insufficient for further review (not normal technical comments), the comment letter will instruct the applicant and/or consultant to cease publication until such time the Division has determined the application is sufficient for further review. This will require a meeting between the consultant and the Division prior to resubmittal (upload to DMLR’s electronic Permitting system.) The copy on public display will also need to be updated with any changes by the first date the publication resumes. 3

Mined Land Reclamation Permit Review ProceduresDoc ID: DMLR-P-2301

Original: 2,016 words
Condensed: 1,671 words
Reduction: 17.1%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Permanent Program – Section ALL Applications/Priority Reviews/Review Times

Last Revised

2/21/2007

OBJECTIVE AND INTENT:

To ensure enforcement and permitting personnel review and act upon new permit and revision applications in a timely efficient manner and in accordance with regulatory requirements.

PROCEDURES:

New Permit Applications

Upon completion of field review of a new permit application in accordance with procedure #3.3.19.

The Field Inspector shall review and process the electronic (DMLR-PT-034e-form) permit application and document on the inspector checklist tab of the e-form application:

  • comments1 relevant to field conditions, including whether any adverse impacts or situations could occur if the approval is granted, and indicating whether the application is administratively complete to begin the technical review process. .
  • place the date that the inspector reviewed the application in the section provided at the bottom of the checklist.
  • the Field Inspector is to place a “Y” or “N” in the remaining items on the “Applicable to Package” tab; place a “Y” in the appropriate item on the “Route to the Following” tab to designate the specific technical discipline the application should be routed to (new permits should include all disciplines); and complete the appropriate items with a “Y” or “N” on the “Indicate Appropriate Response” tab.
  • list the assigned publication number, if applicable, in the comment section of the checklist.
  • click the inspector approved button when application is deemed ready for technical review or click the inspector rejected button if not acceptable to begin technical review and include comments why the application is not acceptable. .

Revision Applications

During the course of the routine inspection, if the approved plan is thought to be deficient or unworkable, the Field Inspector may initiate action to require a revision in accordance with 4 VAC 25-130-774.11(b) and Procedure #2.3.05. 1 The Field Inspector must make relevant and factual comments about site conditions that will assist in the application’s technical review. Comments may also include:

  1. any concerns about the proposed operation,
  2. specific items that need to be addressed in the permit application
  3. the impact on any enforcement action that may still be pending. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Permanent Program – Section ALL Applications/Priority Reviews/Review Times

Last Revised

2/21/2007 The Field Inspector or Permit Review Specialist should inform the permittee that an application for a revision to the approved permit must be filed:

  • due to changes in operational plans.
  • as required by a Revision Order Notice (DMLR-ENF-194S) issued per 4 VAC 25-130-774.11(b).
  • as required by a Notice of Violation or Cessation Order
  • for an incidental boundary revision - Any extensions to the area covered by the permit, except for an incidental boundary revision, will be considered as an Acreage Amendment which must meet the requirements for a new permit. (See DMLR Memorandum to Operators #23-082). An incidental boundary revision will be allowed one time for the life of the permit –
  • to add acreage for coal removal as long as there is no net increase in permit acreage, and
  • shall not exceed a 5 acre deletion/addition of coal removal acres. The 5 acres is the maximum total allowed per permit, as any other proposed addition of coal removal acres will be considered as an Acreage Amendment.

The permittee may submit an application for revision of the approved plans to the Division at any time.

The Field Inspector shall inform the permittee that a permit revision application must:

  • be submitted utilizing the electronic (DMLR-PT-034e-form) permit application), include a DMLR-PT-034D signed by a person listed as a company official or designated by “power of attorney” to represent the permittee. If the person designated to act under the “power of attorney” signs the DMLR-PT-034D, a copy of the power of attorney authorization must be attached electronically in Item 21.1 of the application.
  • contain all plans, data, and statements to support the revision request.
  • be reviewed, processed, by the Field Inspector using the DMLR e-form center in accordance with the guidance detailed in the “new permit application” section of this procedure.
  • be filed with and approved by the Division prior to the permittee initiating any action under the revision.

Significant versus Insignificant Revisions: 2 (See DMLR Memorandum to Operators # 23-08 at http://dmme.virginia.gov/DMLR/Adobe/23-08.pdf 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Permanent Program – Section ALL Applications/Priority Reviews/Review Times

Last Revised

2/21/2007 The Field Inspector must determine whether the revision constitutes an insignificant or significant departure from the approved plans (See memo to Operators # 23-08).

The revision application must include the information required by 4 VAC 25-130-774.13(b) and comply with 4 VAC 25-130-773.13 (Public Notice/Public Participation) if the proposed revision constitutes a significant departure from the current mining or reclamation plan, such as, but not limited to, a change in the:

  • approved mining method,
  • hydrologic balance outside of the permit area,
  • postmining land use, or
  • major structural design of a sedimentation pond, coal waste pile, coal processing waste disposal facility, dam, impoundment or embankment.

An insignificant departure includes any minor permit change that does not have a significant impact upon the environment. A revision with this classification may require public participation (publication of public notice for 2 weeks).

An insignificant departure may be approved by the Field Inspector provided it is non-technical in nature and will not significantly affect other parts of the plan.

The Field Inspector shall determine whether the “insignificant” revision can be field approved. The Field Inspector should discuss questions or concerns about the revision with the Field Supervisor. Questions that cannot be resolved by the Field Supervisor shall be referred to the Reclamation Services Manager or technical management personnel.

NOTE: The permittee’s designation of the revision as “insignificant” does not require the Field Inspector to automatically approve the revision as insignificant. It only alerts the permittee and permit section that the four week public notice period for “significant” revisions may not be required.

To determine whether a boundary change is “insignificant” (4 VAC 25-130-774.13(d)), the Field Inspector must consider the criteria used to determine if the revision constitutes an insignificant or significant departure3.

Field Approvable Revisions:

The Field Inspector shall complete the electronic (DMLR-PT-034e-form) permit application) inspector checklist as set out on page 1 of this Procedure and checking the box that 3 (See DMLR Memorandum to Operators #23-08at http://dmme.virginia.gov/DMLR/Adobe/23-08.pdf 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Permanent Program – Section ALL Applications/Priority Reviews/Review Times

Last Revised

2/21/2007 the revision has been field approved and clicking the inspector approved button. The Field Inspector’s comments should also indicate whether performance bond or application fees would be required with the application.

If the revision application cannot be field approved (requires technical or managerial review), the Field Inspector shall document on the e-form inspector checklist:

  • comments relevant to field conditions, indicating whether approval of the revision application is recommended.
  • explain whether any adverse impacts or situations could occur if the approval is granted.
  • and complete the form as set out on page 1 of this procedure.

Whether or not the revision application is field approvable, the Field Inspector should make any relevant and factual comments about site conditions that will assist in the application’s technical review, such as -

  • the purpose of the revision,
  • the effect of the revision upon the rest of the operation,
  • whether the revision meets the requirement of 4 VAC 25-130-774.13(c), and
  • the impact on any enforcement action that may still be pending.

Requests for Priority Review -

In order to assist its clients, the DMLR may honor an applicant’s request contained in the e-form application for expedited review due to unforeseen circumstances experienced by the applicant. The Inspector may also request priority review of an application due to outstanding enforcement action.

When a priority review is necessitated by hardship as a result of unforeseen circumstances, the Field Inspector shall advise the applicant to submit a written request by e-mail and as an attachment to the e-form application for expedited review to the Reclamation Program Manager-Permitting.

The Inspector shall ensure the request for priority review includes:

  • a statement describing what hardship exists;
  • supporting evidence for the hardship determination; and,
  • the date by which Division’s review approval is needed.

The inspector will include his comments concerning the permittee’s request for priority review in the comment section of the inspector checklist. 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Permanent Program – Section ALL Applications/Priority Reviews/Review Times

Last Revised

2/21/2007 Permit Section’s Review -

The Reclamation Program Manager-Permitting will evaluate each request and if approved will determine the appropriate review completion date, taking into account the reviewers’ workloads and other factors. The Division will strive to accommodate the applicant’s request; however, it will not render a premature decision. The Reclamation Program Manager-Permitting shall notify the applicant in writing (e-mail) within five working days from receipt of the request, should the request not be granted with an explanation for the decision.

If priority review is granted for a new permit application or “significant departure” revision, the Division shall conduct the review by completing the first review within 10 working days (this time will be needed to perform an adequate and complete review).

  • Second and third reviews will be assigned a priority date of 10 working days, provided the applicant’s response to comments is timely and complete.
  • If resubmittals (responses and corrections) are not adequate to allow approval after the third review, the priority status will expire.
  • The Permit Review Specialist shall place a resubmittal deadline for corrections of 14 days from the date of each comment letter. If the corrections are not submitted within this 14-day deadline, the priority review status will expire.

Insignificant revisions normally require less time to review, do not require public notification, and often are mandated by an immediate need in the field; therefore,

  • Priority review dates of less than 10 working days may be assigned for the first and second reviews.
  • If the first resubmittal (responses and corrections) is not adequate to allow approval after the second review, the priority status will expire.
  • The Permit Review Specialist shall place a resubmittal deadline for corrections of 14 days from the date of the comment letter. If the corrections are not submitted within this 14-day deadline, the priority review status will expire.
  • When the Reclamation Program Manager-Permitting receives and approves a request for a priority review, the Permit Review Specialist that is assigned to the e-form application shall make the appropriate notation in DMLR’s permit review tracking system and indicate the: date the request was received.
  • “review by” date.
  • “return by” date.

The latter two dates may or may not coincide with the completion date requested by the applicant or Field Inspector. 5

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.01

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Permanent Program – Section ALL Applications/Priority Reviews/Review Times

Last Revised

2/21/2007 When logging the application into the Permitting Review tracking system, the standard 10-day turn-around time will be entered in each case.

Review personnel will strive to complete the review as soon as possible, but by the priority date. If it appears that workload impedes review by the set deadline, the reviewer shall seek direction from the immediate supervisor.

Should the Division return the application for corrections to the applicant and the applicant subsequently fails to resubmit the required revisions or corrections to the Division within the set resubmittal time, the Division will discontinue its expedited review.

Permit/Technical Review Times -

The following review times shall be applicable for application reviews in general:

  • 10 working days for New Permits, Acreage Amendments, Significant Revisions, Priority Reviews, and Applications with Enforcement Action Pending. Note: the Reclamation Program Manager-Permitting may assign shorter review times if the item being reviewed is being tracked on the 60-day list.
  • 15 working days for Insignificant Revisions, Mid-Terms, Renewals, Completions Reports, Permit Release, Bond Reduction, Plans Revision, Operator Additions, Succession Applications, Permittee Changes, Anniversary Reports, Acreage Revision (not significant) and any other application type not listed. 6

Virginia Coal Mining Civil Penalty GuidelinesDoc ID: DMLR-T-CPA

Original: 8,777 words
Condensed: 7,580 words
Reduction: 13.6%

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8157

VIRGINIA COAL SURFACE MINING AND RECLAMATION

PERMANENT REGULATORY PROGRAM

CIVIL PENALTY ASSESSMENT MANUAL

TABLE OF CONTENTS

SECTION 1: GENERAL.............................................................................................................................................2 SECTION 2: ASSESSMENT CRITERIA .................................................................................................................2 Seriousness of the Violation....................................................................................................................................2 Degree of Negligence ...............................................................................................................................................3 Good Faith Credit ...................................................................................................................................................4 Base Penalty Amount..............................................................................................................................................5 Previous History of Violations................................................................................................................................5 SECTION 3: MECHANICS OF AN ASSESSMENT ...............................................................................................6 Reassessment............................................................................................................................................................7 Cessation Orders for Failure to Abate ..................................................................................................................7

SECTION 4: INDIVIDUAL CIVIL PENALTY........................................................................................................8

SECTION 5: ASSESSMENT CONFERENCE PROCEDURES............................................................................9 SECTION 6: FINAL ORDERS / LIENS..................................................................................................................11 Collection Referral ................................................................................................................................................11 Civil Penalty Review Committee..........................................................................................................................12 Set-Off Debt Collection Act..................................................................................................................................12

SECTION 7: CIVIL PENALTY DISPOSITION....................................................................................................12 APPENDIX................................................................................................................................................................14 Assessment Process - Outline ...............................................................................................................................14 Violation Effect Guideline ....................................................................................................................................15 Reference List ........................................................................................................................................................17 Performance Standard (PS) Codes ..................................................................................................................17 Conference Officer’s Statements..........................................................................................................................24 Page 1 Revised - April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

SECTION 1: GENERAL

Statutory Authority - §45.1-246 of the Code of Virginia (Act), as amended.

Regulatory Authority - Part 4 VAC 25-130-845 of the Virginia Coal Surface Mining Reclamation Regulations

The Act allows the Division the discretion to assess or not assess a penalty for a notice of violation (NOV), while mandating a penalty for each cessation order (CO).

In determining whether to assess a penalty, four criteria are considered:

(1) The seriousness of the violation. (2) The degree of negligence exhibited by the permittee. (3) The permittee’s good faith in correcting the violation expeditiously. (4) The permittee’s previous history of violations at the particular coal exploration or surface mining operation.

In addition to the potential civil penalty that may be assessed to a permittee, the Division may assess an individual civil penalty to the officers, directors, or agents of a corporate permittee under Section 45.1-246(F) of the Act and Part 4 VAC 25-130-846 of the regulations. A violation that results in a personal injury or fatality may be assessed a civil penalty up to $70,000.

SECTION 2: ASSESSMENT CRITERIA

The Assessments Officer reviews each NOV and CO issued by the Field Inspector or Area Supervisor to determine the proposed civil penalty assessment. The Inspector has first hand knowledge of the violation. Therefore, the Assessments Officer relies upon the Inspector to provide an accurate report that identifies the violation and impact it may have on the environment or public health and safety.

It is essential that the Inspector describe the actual or potential adverse impacts created by each violation cited in the NOV or CO. The Inspector should use the “Violation Effect Guideline” (page 15 when describing violation impacts.

To determine an appropriate assessment amount, the Assessments Officer will review the Inspector’s report, the NOV/CO, photograph(s) of the violation, and any information submitted by the permittee (4 VAC 25-130-845.17a). After considering the facts of the violation, the proposed assessment will be rendered based upon the four assessment criteria:

Seriousness of the Violation

Seriousness of the violation is determined by evaluating the adverse impacts it creates or poses.

  • Has the violation resulted in (or does it have the potential to cause) environmental damage or injury to the public? Was the actual or potential environmental harm, danger to the public safety or health created as a direct or indirect result of the violation?
  • Does the violation prevent or impede the Inspector’s ability to ensure the operation complies with the requirements of the Act, regulations, and the permit’s approved plans?

A violation of this type may be considered administrative in nature.

Page 2 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

The following table provides the scale for seriousness point determinations (4 VAC 25-130-845.13a). The Assessments Officer will review this table to determine the applicable points warranted for each specific violation cited by the Inspector. Within each level, the point assignment may be further narrowed when considering any mitigating or compounding circumstances involved with the particular violation.

SERIOUSNESS POINT DETERMINATION Points Damage to the Environment Danger to the Public Obstruction to Enforcement Health/Safety 0 No actual/potential No threat No Violation of administrative 1 to 2 Slight actual/potential No actual/potential requirement that can be quickly corrected.

Moderately significant Violation of administrative 3 to 4 actual/potential; can be promptly Minor actual/potential threat requirement that’s correctable corrected. or hazard after some delay & tends to hamper or obstruct enforcement.

Moderately significant Actual/potential moderately 5 to 6 actual/potential; correctable only significant hazard after substantial effort or time.

Extremely serious potential; Substantial actual/potential 7 to 8 substantial actual/potential; hazard correctable only after substantial effort or time. 9 to 10 Extremely serious actual. Extreme actual/potential hazard.

Degree of Negligence

Negligence points are assessed after considering the degree to which the permittee caused or allowed the violation to occur, either through act or failure to act.

A permittee is charged with an obligation to exercise “reasonable care” in conducting coal exploration or mining operations. The acts of all persons working at the particular operation are attributed to the permittee, unless the permittee establishes that the acts were deliberate sabotage (4 VAC 25-130-845.13(b)(3)).

After reviewing the Inspector’s report, the Assessments Officer may assign up to six (6) points for negligence. The point determination is based upon:

Degree of Operator Negligence Points No negligence 0 Negligence 1 to 3 Greater degree of fault than negligence 4 to 6

No negligence - constitutes an inadvertent and unavoidable violation that occurred despite the permittee’s exercise of reasonable care, such as from an unpredictable natural event (“act of God” -i.e., earthquake, flood) or from vandalism. While an “act of God” or vandalism cannot be prevented,

Page 3 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

the permittee would be negligent if he or she failed to repair the damage caused by such circumstances.

Negligence - the failure of the permittee to prevent the occurrence of (or to correct) the violation due to indifference, lack of diligence, or lack of reasonable care. The permittee fails to exercise the degree of care expected of a careful and reasonable operator.

A greater degree of fault than negligence - constitutes reckless, knowing or intentional conduct. A permittee is deemed reckless when it is obvious to a reasonable person that the course of conduct (either an action or failure to act) taken by the permittee was likely to create a serious amount of damage or harm, yet the permittee followed the course anyway.

“Reckless conduct” is also attributed to situations that are deemed inherently dangerous; the permittee failed to exercise a greater degree of care warranted to ensure safety. Blasting operations can be recklessly conducted when the permittee does not follow reasonable and accepted operational procedures.

“Knowing or intentional conduct” occurs when the permittee is aware of the potential or actual violation, but fails to avoid or correct the violation.

The Assessments Officer will consider any mitigating circumstances prior to assigning negligence points. Some situations could necessitate a lower negligence determination due to the unique circumstances present, for example:

  • If the permittee was trying to comply with a condition of the permit, but was doing it wrong.
  • The permittee was in the process of attempting to correct the problem, but a NOV was issued before the work was completed.

Good Faith Credit

If a permittee complies with the remedial action required by a NOV or CO (imminent environmental harm) prior to the set abatement date, good faith points (4 VAC 25-130-845.13c) may be awarded. These points would be deducted from the total derived from the seriousness and negligence determinations. The amount of good faith points depends upon the permittee’s compliance effort. The Assessments Officer may award the permittee:

Compliance Efforts by Operator/Permittee Points If prompt and diligent efforts were taken and the violation was abated -1 to -2 prior to the set abatement date.

If extraordinary measures were taken to abate the violation in the -3 to -4 shortest time possible, prior to the set abatement date.

A good faith determination may be made once the NOV or CO is terminated. Due to the length of the NOV’s or CO’s abatement period, good faith credit is usually determined at the time of a reassessment (4 VAC 25-130-845.17c) or during an assessment conference. Cessation Orders issued for failure to abate are not eligible for good faith credit.

Page 4 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

The amount of good faith credit that may be awarded is dependent upon the information supplied by the Inspector. If the Inspector feels that “extraordinary efforts” were taken by the permittee to abate the violation, the inspection report must provide a detailed description of those efforts for the Assessments Officer’s consideration.

Base Penalty Amount

After determining the respective point values for seriousness, negligence and good faith, a total point amount is calculated, from which the base penalty is derived (4 VAC 25-130-845.13d):

Points Base Penalty Points Base Penalty 1 $ 50.00 9 $ 1,050.00 2 $ 100.00 10 $ 1,350.00 3 $ 175.00 11 $ 1,700.00 4 $ 250.00 12 $ 2,050.00 5 $ 325.00 13 $ 2,400.00 6 $ 400.00 14 $ 2,750.00 7 $ 475.00 15 $ 3,100.00 8 $ 750.00 16 $ 3,500.00

If the violation cited under the Notice of Violation or Cessation Order resulted in a personal injury or fatality, the base penalty amount shall be multiplied by a factor of twenty (20), not to exceed $70,000 per injury/fatality.

Previous History of Violations

In addition to the base penalty amount, the Assessments Officer must determine if a history of violation penalty will be applicable. A review of the Division files will indicate whether the permittee was issued NOV(s) or CO(s) at the particular operation or permit. Only the NOVs and COs finally resolved in the preceding 12 month period would be considered in the history calculation. The following will not be considered for any NOV/CO:

  • subject to pending administrative or judicial review.
  • eligible for administrative review (time frame to seek review has not expired).
  • that was vacated by the Division.

If the permittee does not have a history of violations, the Assessments Officer will reduce the base penalty amount by ten percent (10%), except for a violation that resulted in personal injury or fatality to any person. In the event that a NOV or CO was issued during the preceding 12 month period and is still subject or eligible for administrative or judicial review, it will not be discounted for the purpose of awarding the 10% penalty reduction.

If a history of previous violations exists, the following will be added to the base penalty:

(a). $20 per violation of a NOV containing 10 or less violations. (b). $50 per violation of a NOV containing more than 10 violations. (c). $100 per violation contained in a CO.

Page 5 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

Other Considerations

The Assessments Officer may assess the permittee a penalty for each day the violation (cited in the NOV/CO) continues; however, in no event shall the daily penalty for each separate NOV or CO exceed $5,000, or $70,000 in the event of a personal injury or fatality.

If the permittee fails to comply with a NOV’s remedial measures, the Inspector may issue a failure to abate cessation order. The assessment for this order could range from a minimum of $750 to maximum of $5,000 for each day of continuing violation or failure to abate. The daily assessment would not be levied in excess of 30 days.

A penalty derived from the point system may be waived (4 VAC 25-130-845.16) if exceptional factors were present which would make the penalty demonstrably unjust. The waiver may be requested by the permittee or be made upon the Division’s initiative.

A waiver will not be awarded on the argument that a reduction in the proposed penalty amount could be used to abate violations of the Act, regulations, or permit condition. An approval or denial of the waiver must be documented in the assessment file.

SECTION 3: MECHANICS OF AN ASSESSMENT

The Reclamation Services Office Services Specialist will forward the office copy of each issued NOV and CO to the Assessments Officer as soon as possible after the Big Stone Gap office receives it. The Assessment Officer may also print a temporary copy from the DMLR Enforcement system pending receipt of the office copy and any associated attachments (e.g., photographs, lab analyses, etc.).

The assessment file will be set up by permit or DMLR tracking number. Each folder will contain a copy of the NOV or CO, inspection report, and all ancillary documents. The folder contents will be arranged in reverse chronological order (most recent activity first).

The Customer Services Office Services Specialist will enter relevant assessment data into the DMLR Dynaterm computer files.

As the permittee has the right to submit information (4 VAC 25-130-845.17a) for the Division’s consideration, the Assessments Officer will wait at least 15 days from issuance of the NOV or CO before rendering an assessment determination on the violation(s).

In determining a proposed penalty amount, the Assessments Officer will:

  1. Review the NOV/CO to determine the law or regulation violated. If the Assessments Officer questions the appropriateness of the citation, the appropriate Reclamation Services staff will be contacted for clarification.
  1. Determine the relevant facts associated with each violation. Should the permittee submit information (4 VAC 25-130-845.17a) that tends to contradict the inspection report, the Assessments Officer will contact the Inspector for clarification.
  1. If the permittee requests a waiver of the penalty point system under 4 VAC 25-130-

Page 6 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

845.16, determine if exceptional factors were present that would make a penalty under the point system demonstrably unjust.

  1. Determine the values for each of the four assessment criteria. An explanation of how each value was decided will be provided in the proposed assessment letter. If the total points for the “seriousness” and “negligence” criteria total 3 points or less, the civil penalty will be waived.
  1. Prepare the notice of proposed assessment, to be sent by certified mail. The notice will inform the permittee of each civil penalty assessment, how each penalty was determined, and the permittee’s right to appeal the penalty in an informal (assessment conference) or formal hearing.

Reassessment

If good faith credit was not considered during the initial assessment determination, a reassessment is conducted (4 VAC 25-130-845.17c) once the NOV/CO is terminated or alternate enforcement action is initiated. A reassessment is not conducted when the permittee requested an assessment conference to review the proposed assessment (good faith would be addressed in the conference determination).

In conducting a reassessment, the Assessments Officer reviews the information supplied by the Inspector to determine whether the initial values for seriousness and negligence should be revised, and whether good faith points should be awarded. The reassessment letter is sent by certified mail to the permittee, explaining the basis for each reassessment and the company’s right to appeal (assessment conference and formal hearing).

Cessation Orders for Failure to Abate

The minimum penalty for this violation is $750 for each day of continuing violation or failure to abate (4 VAC 25-130-845.15b). The daily maximum penalty is $5,000.

The Division will not assess the daily penalty for more than 30 days. Unless circumstances warrant otherwise, the Assessments Officer will assess no more than $750 per day per violation for this type of CO. The basis for exceeding the $750 limit would be explained in the Proposed Assessment.

Good faith credit is not applicable for abatement of this type of enforcement order.

Service of Assessment Letters/Orders

Each assessment determination from proposed assessment through final order will be sent to the permittee by certified mail, return receipt requested (4 VAC 25-130-845.17b).

Service is deemed complete when the material is sent to the address listed on the permit sign or the address provided by the permittee. If the certified mail is returned to the Division unclaimed, it will be checked to ensure that the correct address was listed on the envelope. When the address is correct, the material will be return to the permittee by regular mail. Documentation of when the material was returned as refused or unclaimed and the date it was sent back by regular mail will be placed in the assessment file.

Page 7 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

The Assessments Officer will consider the date the assessment materials were claimed by the permittee, or were sent back (as unclaimed/refused) to the Division by the U.S. Postal Service, as the initial day administrative appeal could be requested.

SECTION 4: INDIVIDUAL CIVIL PENALTY

Section 45.1-246F of the Act and Part 4 VAC 25-130-846 of the regulations provide for the imposition of a civil penalty against an individual of a corporate permittee. The penalty could be assessed if the person willfully and knowingly authorized, ordered, or carried out a violation of a permit condition; or failed or refused to comply with a NOV or CO.

An individual civil penalty is in addition to any assessment issued to the permittee. The Division will utilize this penalty as an alternative enforcement mechanism to promote the immediate compliance of an outstanding failure to abate cessation order. The penalty could equal $5,000 for each day of continuing violation, except that if the violation resulted in a personal injury or fatality, then the civil penalty determined shall not exceed $70,000.

Prior to issuing an individual civil penalty, these conditions must be present:

  • The permittee must be registered as a corporation with the Virginia State Corporation Commission.
  • The individual is an official, director, or agent of the corporation.
  • The failure to abate CO and underlying NOV were for a serious violation, in terms of actual or potential harm to the public health or safety or the environment.

The Inspector or Supervisor would initiate the individual civil penalty process by preparing a fact sheet detailing the individual’s willful and knowing conduct. This may occur when the permittee fails to comply a failure to abate CO within 30 days. The fact sheet shall:

(1). Verify the corporate status of the permittee. (2). List the individual’s status or position with the corporation. (3). Explain in detail the basis for issuing an individual civil penalty: a) What did the person do, that could undeniably be classified as willful and knowing? b) What enforcement action did the person fail or refuse to comply? c) When was the CO issued? Was it served upon the individual? Has any work been initiated to comply with the order? If yes, to what extent?

The fact sheet should provide a summary of the discussions (by date) between the individual and Inspector or Supervisor concerning what remedial action was required of the permittee and the individual’s response to such.

Once completed, the Inspector/Supervisor would forward the individual civil penalty recommendation and fact sheet to the Reclamation Services Manager (RSM). If the RSM concurs with the recommendation, he will prepare a memo to the Assessments Officer requesting that an individual civil penalty be assessed. The recommendation, fact sheet, and memo will be forwarded to the Assessments Officer for filing and action.

In determining the amount of individual civil penalty, the Assessments Officer shall

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consider:

  • The individual’s history of authorizing, ordering, or carrying out previous violations, failures or refusals at the particular permit or operation.
  • The seriousness of the violation, failure or refusal, including any irreparable harm to the environment and any hazard to the public health and safety. This determination may be based upon the extent of damage or cost of remedial action.
  • The demonstrated good faith of the individual assessed in attempting to achieve rapid compliance after notice of the violation, failure or refusal to comply.

The penalty assessed may not exceed $5,000 for each separate violation and each day of continuing violation, except that if the violation resulted in a personal injury or fatality, then the civil penalty determined shall not exceed $70,000.

The Assessments Officer will prepare the individual civil penalty notice (including the rationale provided by the Reclamation Services Section), mailing it by certified mail to the individual.

The assessment explanation will inform the person of the right to request:

  • an opportunity to enter into an abatement agreement with the Division to comply the outstanding violation(s), or
  • a formal hearing to contest the penalty amount. The person would not have to prepay the civil penalty to be granted a formal hearing.

The request must be in writing and submitted to the Division within 30 days of the person’s receipt of the individual civil penalty assessment.

Should the individual fail to request a formal hearing, the Assessments Officer will issue a final order demanding payment of the penalty.

If the person enters and fully complies with an abatement agreement, the Division may withdraw the individual civil penalty. Should the person fail to comply with the agreement, the Assessments Officer shall send the individual a final order demanding payment of the penalty. The person would be given 30 days to submit payment to the Division.

SECTION 5: ASSESSMENT CONFERENCE PROCEDURES

An assessment conference is an informal hearing to review the civil penalty determination of a NOV or CO. The company assessed a penalty has thirty (30) days from receipt of the proposed assessment or reassessment to request (in writing) an assessment conference (4 VAC 25-130-845.17).

The conference allows the company an opportunity to submit new information about the violation that may have been overlooked in the initial assessment determination.

Usually, the conference will dwell strictly on the civil penalty assessment; however, at times it may be combined with an informal hearing to review the issuance of a NOV or CO (4 VAC 25-130-843.15) to save all concerned parties time.

Upon receipt of a conference request, the Assessments Officer will determine if the request was timely submitted. The company will be notified in writing as to whether its request is denied or a

Page 9 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

conference is being scheduled. If a conference is granted, it will be held at the minesite, unless the company requests otherwise. The conference will be scheduled within 60 days from the Division’s receipt of the appeal or from the NOV/CO’s abatement date, whichever is later.

Public notice of the conference will be posted at the Division’s Big Stone Gap or Keen Mountain office.

The Assessments Officer will assign the Conference Officer, and will provide that person with a copy of the pertinent enforcement and assessment documents. The information will be sent by electronic mail to the Conference Officer.

Prior to accepting testimony at the hearing, the Conference Officer will explain that the company or any other persons present may introduce any information pertinent to the penalty determination. Testimony should be directed toward the appropriateness of each penalty’s seriousness, negligence, history, and good faith determinations.

The Conference Officer must maintain control of the proceedings. If tempers begin to flare, the Conference Officer may adjourn the hearing until rational discussions can be resumed.

The Conference Officer will review the assessment criterion for each penalty determination.

Good faith will be reviewed if it was not considered in the original assessment (due to the NOV/CO’s abatement period). Good faith credit, however, shall not be awarded for a failure to abate cessation order.

If the conference was scheduled to solely review the penalty(ies), the Conference Officer may not rule on the validity of the NOV/CO’s issuance. Should questions arise concerning a NOV/CO’s issuance, the Conference Officer must accept the Inspector’s version; however, he should also bring any concerns to the Inspector’s or Area Supervisor’s attention after the conference concludes.

The Conference Officer will inform the conference participants that no decision will be made until after a thorough review of the facts and consideration of the information presented at the hearing.

The Conference Officer has the authority to affirm, reduce, or increase a civil penalty based upon the evidence supplied at the conference. The Conference Officer’s written decision will summarize the discussion and final conclusion reached from the conference.

The decision will be forwarded to the Assessments Officer within 25 days from the close of the conference. The Assessments Officer will review the decision for accuracy and adherence to assessment policy. The Assessments Officer must approve any modification of the pre-conference penalty that exceeds $500 and 25 per cent. If the penalty revision is disapproved, the Assessments Officer must explain in writing the basis for the disapproval in the assessment conference decision.

The Assessments Officer will ensure the decision is sent by certified mail to the company within 28 days from the close of the conference. The cover letter shall explain the company’s rights of administrative appeal.

The company may appeal the conference decision by requesting formal review to contest the penalty and issuance of the NOV/CO (if such was not subject to an appeal under 4 VAC 25-130-

Page 10 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

843.16 of the regulations). The hearing request must include penalty payment (4 VAC 25-130-845.19), and be received by the Division no later than 30 days from the company’s receipt of the conference decision.

SECTION 6: FINAL ORDERS / LIENS

Unless a company timely requests an assessment conference, a final order of civil penalty assessment will be sent to the company within 15 to 25 days from service of the proposed assessment or reassessment (whenever all 4 assessment criteria considered). The final order will demand penalty payment, and state the final date that an assessment conference or formal hearing (4 VAC 25-130-845.19) may be requested.

When the company fails to timely request administrative appeal, the Assessments Officer will send a final order (by certified mail) demanding payment. However, for companies and individuals known to be in bankruptcy, the Assessments Officer must determine if the violation notice/order was issued prior to or after the company or person filed for bankruptcy protection.

For those companies assessed final penalties and in bankruptcy, the Assessments Officer will consult with the Attorney General’s office to determine whether a claim should be submitted to the U.S. Bankruptcy Court or a lien filed.

In the event the person fails to remit the penalty and is not in bankruptcy, a lien will be prepared by the Assessments Officer for the Customer Services Manager’s signature.

The Assessments Section will prepare the necessary support documents that will accompany the lien request. The lien will be placed against the corporation. If the company is not a valid corporation, the lien will be sought against both the operator and company. The State Corporation Commission’s records will be viewed to verify a company’s corporate status.

Once signed by the Customer Services Manager, the lien request will be sent by the Assessments Section to the Circuit Court Clerk of each county and city where the mining operation is located or where the company or person owns property.

Upon receipt of the lien recordation, the appropriate information will be entered into the DMLR assessment computer records.

If the penalty is subsequently paid, the Assessments Section will send an affidavit of payment and release of lien to the respective Circuit Court Clerk(s). The DMLR computer records will be updated.

Collection Referral - Attorney Generals Claim Section/Collection Agency

Immediately following the date of the final order, the Assessments Officer will gather information on the potential assets of the company or individual from agency records, Attorney General’s office, Reclamation Services personnel, or any other available source.

After receiving all pertinent information, but within 90 days after the date the penalty becomes final, the Assessments Section will forward all relevant information to the Attorney General’s Claim Section for penalties in excess of $3,000 and deemed collectible. However, if evidence indicates that the person or company is preparing to file for protection under the bankruptcy

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laws, all claim information will be immediately forwarded to the Claims Section.

If the penalty amount is less than $3,000, the information gathered will be sent to a private collection agency (if under State contract). Penalty collections, which are deemed doubtful by the Civil Penalty Review Committee, will also be forwarded to the collection agency.

In addition to the collection efforts taken by the Attorney General’s Office or collection agency, the DMLR will pursue collection by:

  • denial of permits and significant permit revisions;
  • participation in the Virginia individual and vendor Set-Off Debt Collection Program;
  • seizing any available performance bond moneys (after reclamation obligations have been met on the permit);
  • notifying other States and the Federal OSM to block permit issuance through the Applicant Violator System until the penalty debt to the Commonwealth is settled; or,
  • issuing show cause orders to suspend or revoke a permit per 4 VAC 25-130-845.20(e).

Civil Penalty Review Committee

The Civil Penalty Review Committee composed of the Assessments Officer and the DMME Fiscal Director, Accounting Manager, and Accountant will meet on a quarterly basis to determine the collectibility of outstanding civil penalties.

The committee will determine if a penalty is collectible, doubtful, or uncollectible (write off). Upon completion of the review, the committee’s recommendation will be summarized by the Accounting Manager and forwarded for approval to the Department Director and Deputy Director.

Penalties deemed uncollectible will not be discharged, but shall remain on the agency records until paid in full or per any agreed order signed by the agency.

Set-Off Debt Collection Act

The Assessments Officer will serve as the Department’s Set-Off Debt Coordinator by filing the necessary claims with the Virginia Department of Taxation. The Assessments Officer will follow the procedures set out under the Dept. of Taxation’s Integrated Revenue Management System

(IRMS).

SECTION 7: CIVIL PENALTY DISPOSITION

Receipt of civil penalty payment shall be in accordance with established agency policies and procedures.

A copy of the receipt will be forwarded to the Assessments section. If payment was made by check, a copy of the check will be forwarded to the Assessments section.

The DMME Office of Financial Services (OFS) will deposit the penalty into the escrow fund (#07-54).

After a penalty becomes final, the Assessments Officer will inform the OFS to transfer the

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appropriate amount into the:

(1). #09-63 Fund, (2). “Coal Surface Mining Reclamation Fund” (Pool Bond fund: #07-53), or (3). Virginia Environmental Emergency Response (VEER) fund – for penalties assessed under the State Water Control Law (Sections 45.1-254 and 62.1-44.32 of the Code of Virginia, as amended).

In the event the final penalty is reduced or eliminated, the Assessments Officer will instruct the OFS to refund, within 30 days, the appropriate amount to the company.

Payment of penalty at administrative hearing (held at location other than the DMLR’s Big Stone Gap office):

The DMLR employee receiving the penalty shall -

(1). if possible, contact the Assessments Officer or DMME OFS to report that the penalty (amount and from whom it was collected) was submitted. (2). submit the payment to the DMLR’s Big Stone Gap office as soon as possible, preferably by 3:30 p. m. of the same working day, but no later than 3:30 p. m. of the next working day. (3). for cash payment (when the employee is concerned about carrying cash), go to a bank and obtain a cashier’s check in the cash amount. The employee may have to pay the bank a service fee, but he/she will be reimbursed by the DMLR. (4). document the chain of custody when other DMLR personnel assist in the transport of the money to the DMLR’s Big Stone Gap office. (a). Each employee involved shall sign the memo attached to the payment. (b). The memo will list the amount and type of payment, name of person making payment, name of DMLR personnel accepting payment, and each employee involved in the transfer. (c). Each employee will list the date and time he/she took possession of the payment.

The Assessments Officer will ensure a payment by check is properly made for the required penalty amount. If payment is insufficient, the check will be deposited and the Assessments Officer will send a letter to the permittee demanding the balance.

For excess payments, the Assessments Officer will instruct the DMME OFS to refund the excess amount (with accrued interest where applicable) to the permittee within 30 days. The Assessments Officer will notify the permittee by letter of the refund. The DMME OFS will provide the Assessments section with a copy of the refund voucher.

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APPENDIX

Assessment Process - Outline Participant Activity Time Frame Field Inspector Forwards NOV/CO, report, & other evidence Within 5 days of NOV/CO issuance. to DMLR office.

Permittee Submit written information about violation to Within 15 days of service of Inspector & Assessments Officer (A.O.) NOV/CO.

Assessments Officer Review NOV/CO & relevant evidence, Within 30 days of NOV/CO’s determine penalty(ies) & mail proposed issuance. assessment to permittee.

If conference not requested, perform Within 30 days of NOV/CO’s reassessment to consider good faith & facts abatement or initiation of alternative absent from proposed assessment. action.

Permittee Request assessment conference 4 VAC 25- Within 30 days from receipt of 130-845.18(a). proposed assessment (PA) or reassessment (RA).

Assessments Officer Schedule assessment conference & assign Within 60 days from permittee’s Conference Officer. receipt of PA or NOV/CO’s abatement date, which ever is later.

Public notice posted at the DMLR office. At least 5 days prior to conference.

Conference Officer Render decision on penalty(ies) in writing to Within 25 days from conference.

A. O.

Assessments Officer Review Conf. Officer’s decision & forward to Within 3 days of receipt from Conf. permittee. Must approve/disapprove revision in Officer. excess of $500 & 25%.

Permittee Submit request for formal hearing (with Within 30 days of service of the PA, penalty payment 4 VAC 25-130-845.19). RA, or Conference decision.

Administrative/Judicial Render decision Review Assessments Officer Request & ensure refund, plus interest, sent to Within 30 days from receipt of final permittee (if final decision requires). decision.

Permittee Submit any additional amount required by final Within 15 days from receipt of final decision to the DMLR. decision.

Assessments Officer Prepare lien against permittee for Division Usually within 10 days from last date Director’s signature & forward to Court permittee had to submit penalty.

Clerk(s) where permittee owns property.

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Violation Effect Guideline

For each violation cited in the NOV/CO, consider the following prior to completing your inspection report. If the question is not applicable or pertinent to the situation, go on to the next.

After review of these questions, discuss only those relevant factors that have or are likely to occur.

Seriousness of the Violation

  1. Is the violation causing environmental harm or posing a threat to the public health or safety?
  1. Could the violation cause environmental harm or threaten the public health or safety?

3. If you answered “yes” to either 1 or 2, explain in detail (where applicable) the:

(a). damage or hazard actually or potentially created.

(b). extent of damage:

(i). is it confined to the permit site? (ii). would the violation cause harm or damage to the receiving stream(s), nearby residences, etc.?

(c). amount or volume of material or drainage involved (e.g., tons, cubic yards, gals/min., mg/l).

(d). distance from the cited violation to the nearest dwelling or stream that could be or has been harmed.

(e). site conditions which could minimize harm (what are they?).

(f). results of any analyses (e.i., water, soil, seed samples, survey of vegetation success).

Identify where the samples were taken.

(g). contributing factors which could cause damage to occur from the violation. (If no damage has occurred, what could cause it - based upon your experience?).

  1. If you responded “no” to 1 or 2, was the NOV/CO issued for an administrative violation (paperwork, failure to have adequate bond, failure to erect signs/markers, etc.)? If yes, how did the violation hinder your or the public’s ability (where applicable) to ensure the permittee’s compliance with the performance standard violated?

Negligence

  1. Was the permittee or its representative aware of the violation prior to being cited? Did the company initiate corrective measures prior to issuance of the NOV/CO?
  1. Did the permittee or its representative know that the problem was a violation of the Act, regulations, and/or approved permit plans? Were any comments volunteered by the company concerning its actions prior, during, or directly after you issued the NOV/CO?

Page 15 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

  1. Could the violation have been avoided if the company had taken “reasonable care”?
  1. Was vandalism present? (Please note that the permittee is fully responsible for the actions of its employees, relative to the mining and reclamation operation.)

Good Faith

  1. Did the NOV/CO set a specific abatement date and remedial action(s) to be conducted by the permittee?

10. Was the violation corrected during your inspection (on the same day the NOV/CO was issued)?

11. In complying with the NOV/CO’s remedial measures, what effort was taken by the permittee to achieve compliance in the shortest time possible, and prior to the set abatement date?

Page 16 Revised April 2006 Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

Reference List

Performance Standard (PS) Codes

Code ........................................................................................Description AC................................................................Approximate original contour AO ....................................................................... Authorization to operate AT................................................................................ Acid/toxic material BL..................................................................................................Blasting BR.........................................................................Backfilling & regrading BZ............................................................................................ Buffer zone DS..........................................Disposal of spoil/coal processing waste/etc.

EF .................................................................................................. Effluent EP ...................................................................Exceeding permit boundary GC ………...…………………………………………Ground Control Plan HE............................................................................. Highwall elimination HR............................................................................. Haulroad/access road IN................................................Liability Insurance Coverage/Certificate MN.................................................................... Mining within 100’ - 300’ MP ....................................................................... Mining without a permit OC.................................................................................Ownership/Control OT...................................................................................................... Other RT............................................................... Reclamation Tax (Pool Bond) RV.......................................................................................... Revegetation SC .................................................................................Subsidence control SD.....................................................................................Spoil downslope SL ....................................................... Sealing wells/drill holes/mine adits SM .................................................................................Signs and markers SS......................................................Sediment/drainage control structures TS ...................................................................................................Topsoil WM.................................................................................Water monitoring

The following list applies a performance standard code with the statutes or regulations that could be violated. Please note that the regulation numbers would be prefixed by “4 VAC 25-130-”. The list of events or obstructions is not all-inclusive, but is provided as potential concerns. Each violation must be evaluated by its unique circumstances.

Page 17 Revised April 2006Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

PS Code Law/Regulation Violation Event/Obstruction Operating without Permit MP 45.1-233 Operating w/o permit Significant imminent environmental harm/danger to public health and safety EP 45.1-234 Mining outside permit “ Ground Control Plan GC 45.1-161.287 Lack of adequate ground control plan Significant imminent environmental harm/danger to public health and safety

Ownership and Control AO 778.13 Failure to identify owners/controllers administrative violation AO 778.14 Failure to provide accurate violation administrative violation information AO 778.15 Failure to provide right of entry information administrative violation

Bond/Liability Insurance AO 800.11/801.12 Failure to post bond administrative violation IN 45.1-235(G) Failure to maintain liability insurance “ 800.60 coverage RT 801.14 Failure to submit “Pool Bond” taxes/reports “

Coal Exploration AO 815.13 Failure to have copy of notice of exploration obstruction to enforcement HR 815.15(b) Failure to construct, maintain, or reclaim offsite sedimentation, degradation of water roads quality, hazard to public AC 815.15(c) Failure to reclaim to approx. original contour “ TS 815.15(d) Failure to remove, store, & redistribute topsoil failure/delay of revegetation, erosion RV 815.15(e) Failure to revegetate erosion, water pollution SS 815.15(f) Diverting ephemeral, intermittent or perennial adverse impacts on stream’s biological stream community SL 815.15(g) Failure to case or seal exploration hole(s), degradation of ground water, hazard to public. boreholes, well, etc.

AO 815.15(h) Failure to remove facilities/equipment. No obstruction to enforcement longer needed for exploration SS 815.15(i) Failure to provide sediment & drainage offsite sedimentation, pollution, hazard to control public AT 815.15(j) Failure to properly handle or dispose degradation of water quality; danger/hazard to acid/toxic material public

Signs/Markers SM 816/817.11 Failure to post signs and markers; buffer zone obstruction to enforcement - inability to markers; blasting signs; red zone areas; identify minesite; damage to perennial stream; incremental bond areas; topsoil markers danger/injury to public; misuse of topsoil - revegetation failure

Page 18 Revised April 2006Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

PS Code Law/Regulation Violation Event/Obstruction

Casing/Sealing SL 816/817.13 Failure to case/seal drill holes contamination of ground/surface waters SL 817.14 Failure to temporary seal openings to be used contamination of ground/surface waters; harm to return coal processing waste to to public, wildlife, fish underground works; or for ground water monitoring SL 817.15 Failure to cap, seal, backfill, or otherwise “ manage an opening no longer needed

Topsoil/Substitutes TS 816/817.22 Failure to remove topsoil before blasting, loss of topsoil drilling, etc. delay or failure to revegetate Failure to properly handle substitute topsoil Failure to store topsoil properly Failure to properly redistribute topsoil

Protection of Hydrologic Balance WM 816/817.41(b) Failure to protect ground water degradation of ground quantity/quality BR 816/817.41(b) Failure to place backfill materials to minimize degradation of surface/ground waters adverse impact to hydrologic balance WM 816/817.41(c) Failure to monitor ground water administrative violation./obstruction to enforcement WM 816/817.41(d) Failure to protect surface water degradation of surface water quality/quantity WM 816/817.41(e) Failure to monitor surface water admin. violation/obstruction to enforcement AT 816/817.41(f) Failure to control acid/toxic material degradation of water quality/failure to revegetate AO 816/817.41(g) Transfer of well without DMLR approval administrative violation OT 816.41(h) Failure to replace water supply harm to person(s), property 45.1-258 AO 816.41(I) Discharge of water into underground mine hazard to public, degradation of water quality 817.41(h) w/o DMLR approval EF 816/817.42 Failure to meet effluent standards water pollution, sedimentation of offsite areas SS 816/817.43 Failure to design, install, maintain diversions “ SS 816/817.45 Failure to provide adequate drainage control “ SS 816/817.46 & 49 Failure to properly install, design, maintain “ siltation/impoundment structures Failure to have structures certified/inspected administrative violation; structure failure SS 816/817.47 Failure to have adequate discharge control erosion, offsite sedimentation MN 816/817.57 Mining within 100 feet of perennial stream or disruption of natural habitat; water pollution; stream containing biological community w/o sedimentation of stream; public hazard DMLR approval

Blasting

Page 19 Revised April 2006Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

PS Code Law/Regulation Violation Event/Obstruction BL 816/817.61 Failure to comply with state/fed. laws injury to public & property BL 816/817.62 Failure to conduct Pre-blast survey obstruction to enforcement BL 816.64 Failure to adhere to blasting schedule; to danger to public/property properly notify public BL 816/817.65 Failure to conduct blasting per “ plans/regulations BL 816/817.66 Failure to provide proper blasting signs, “ warnings, access control BL 816/817.67 & 68 Failure to conduct blasting within limits; danger to public/property; obstruction to prevent flyrock; maintain records enforcement

Disposal of Spoil & Waste Material DS 816/817.71(a) Failure to dispose of spoil within permit or offsite sedimentation; water pollution; hazard area approved for disposal to public DS 816/817.71(b) Failure to have fill design approved/certified obstruction to enforcement; fill instability DS 816/817.71(c) Failure to place spoil on most moderately Fill instability; erosion; hazard to public sloping & natural stable areas DS 816/817.71(d) Failure to conduct sufficient foundation “ investigation/test of foundation materials obstruction to enforcement DS 816/817.71(e) Failure to remove vegetation/topsoil properly Fill instability; hazard to public; erosion Failure to construct fill per plans DS 816/817.71(f) Failure to prevent water infiltration into fill “ DS 816/817.71(g) Failure to stabilize fill slopes Fill instability; erosion DS 816/817.71(h) Failure to inspect during construction obstruction to enforcement SS 816/817.72(a) Failure to divert drainage from above fill to Fill instability; erosion stabilized diversion channels DS 816/817.72(b) Failure to install underdrains properly Fill instability; degradation of surface and/or 816/817.73(e) ground water; hazard to public DS 816/817.74 Failure to properly place spoil on the pre- “ existing bench DS 816/817.75(d & e) Failure to properly construct structural zone & “ its underdrain AO 816.79 Conducting surface mining activities within hazard to persons in underground mines 500 feet of underground mine (active or abandoned)

Coal Processing Waste (cpw) DS 816/817.81 Failure to dispose of cpw in approved area hazard to public; instability of material; water and/or to design, construct, & maintain per pollution approved plans DS 816/817.81(c) Failure to meet compaction requirements fill stability AO 816/817.81(e) Failure to notify DMLR of potential hazard obstruction to enforcement DS 816/817.83(a) Failure to construct underdrain system fill instability; hazard to public; water pollution

Page 20 Revised April 2006Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

PS Code Law/Regulation Violation Event/Obstruction DS 816/817.83(c) Failure to cover with 4 feet (or lesser amount, failure to revegetate; water pollution if approved) best available non-toxic, non-combustible material DS 816/817.83(d) Failure to inspect obstruction to enforcement AO 816/817.84 Failure to obtain approval of structure obstruction to enforcement; hazard to public; water pollution DS 816/817.84 Failure to prepare site/construct per plans “ AO 816/817.87 Failure to extinguish cpw fires. hazard to public Removal of burning/unburned cpw without DMLR approval OT 816/817.89 Failure to properly dispose non-coal waste hazard to public; water pollution

Air Resources Protection AO 816/817.95 Failure to prevent erosion & air pollution air pollution; hazard to public attendant to erosion

Protection of Fish/Wildlife OT 816/817.97 Failure to report presence of critical destruction of critical habitat/species habitat/endangered or threatened species.

Failure to conduct operations to minimize disturbances/adverse impacts on fish, wildlife, & related environmental values

Slides and other Damage OT 816.99(a) Failure to provide undisturbed natural barrier Slides; damage to property; hazard to public OT 816/817.99 Failure to notify DMLR of slide which may obstruction to enforcement; hazard to public adversely affect the public/environment

Backfilling and Regrading BR 816/817.100 Failure to conduct timely reclamation obstruction to enforcement AC 816/817.102 Failure to return to approximate original obstruction to enforcement; offsite contour sedimentation, degradation of water quality, hazard to public BR 816/817.102(a) Failure to grade final slopes per plans backfill instability; erosion; failure/delay in revegetation AT 816/817.102(f) Failure to cover/treat acid, toxic, and/or water pollution; hazard to public combustible material BR 816/817.104(a) Failure to use all reasonably available material obstruction to enforcement; backfill stability to achieve lowest practical stable grade BR 816/817.105 “ “ HE 816/817.106 Failure to eliminate highwall to maximum “ extent possible SD 816/817.107(b) Placement of spoil, debris, waste, or slides; hazard to public; water pollution equipment on the downslope

Page 21 Revised April 2006Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

PS Code Law/Regulation Violation Event/Obstruction AO 816/817.107(c) Disturbance of areas above highwall without obstruction to enforcement DMLR approval OT 816/817.107(d) Burial of woody material in backfill without backfill stability DMLR approval

Revegetation RV 816/817.111 Failure to establish permanent vegetative erosion cover RV 816/817.113 Failure to seed & plant during favorable failure/delay of revegetation; erosion period RV 816/817.114 Failure to mulch or use soil stabilizing “ practices RV 816/817.116 Failure to re-establish vegetation per reference “ area or approved standards

Subsidence Control SC 817.121 Failure to adhere to subsidence control plan hazard to public/environment MN 817.121 Mining under or near perennial stream or damage to hydrologic balance; hazard to impoundment (∃20 ac.-ft) which serves as public significant water source, without DMLR approval SC 817.122 Failure to distribute mining schedule obstruction to enforcement

Cessation of Operations AO 816/817.131 Failure to submit notice of intent to cease obstruction to enforcement BR 816/817.132 Failure to close, backfill, permanently reclaim hazard to public; water pollution all affected areas

Postmining Land Use RV 816/817.133(a) Failure to timely restore affected areas delay in revegetation/postmining land use; obstruction to enforcement

Access Roads & Haulroads BZ 816/817.150(d) locating road or part of road in channel of stream sedimentation; water pollution; hazard intermittent/perennial stream to public HR 816/817.150(f) Failure to reclaim road after no longer needed “ HR 816/817.151 Failure to grade, install, vegetate road “ BZ 816/817.151(b)2 Constructing stream crossing w/o approval “ SS 816/817.151(c) Failure to install road drainage system “ HR 816/817.151(d) Failure to surface road “ HR 816/817.151(e) Failure to maintain road “ HR 816/817.151(f) Failure to construct/reconstruct road prior to “

Page 22 Revised April 2006Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

PS Code Law/Regulation Violation Event/Obstruction coal haulage

Auger Mining AO 819.11(b) Conducting auger mining w/o approval obstruction to enforcement; water pollution; hazard to public AO 819.13(c) Failure to leave areas of undisturbed coal obstruction to enforcement BR 819.19 Failure to reclaim auger holes degradation of surface/ground waters; hazard to public AO 819.21 Augering within 500 feet of active/abandoned hazard to underground miners; potential deep mine without approval blowout of mine waters

Prime Farmland TS 823.12 Failure to remove soil to be used to destruction of soil; failure to re-establish reconstruct prime farmland prior to drilling, prime farmland blasting, or mining; failure to properly store soil TS 823.14 Failure to replace soil “ RV 823.15(a) Failure to establish vegetative cover “ OT 823.15(b) Failure to use area for crops commonly grown obstruction to enforcement per approved plans

Mountain Top Removal AO 824.11 Failure to operate per plans obstruction to enforcement

Remining Operations with Pollutional Discharges WM 825.11 Failure to implement monitoring program obstruction to enforcement AO 825.11 Failure to implement abatement plan “ EF 825.12 Failure to treat pre-existing discharges per obstruction to enforcement; approved plans continued water quality degradation

In Situ Processing EF 828.11 Failure to minimize disturbance to the water pollution prevailing hydrologic balance

Page 23 Revised April 2006Department of Mines, Minerals and Energy Division of Mined Land Reclamation Civil Penalty Assessment Manual

Conference Officer’s Statements:

(These statements are guides to personnel serving as Conference Officers.)

Statement A - (only civil penalties being reviewed).

My name is , and I will be serving as the Conference Officer for this assessment conference. The conference request by Name - Title - Company - Permit No. was timely submitted and seeks review of the civil penalty(ies) assessed for cite NOV/CO and amounts .

It will be my duty to consider the pertinent evidence submitted today and render a decision to affirm, lower, raise or vacate the civil penalty(ies). I will send my decision to the Assessments Officer, who will forward it on to you. Should I revise a penalty by more than $500 and 25 %, the Assessments Officer must give approval.

Anyone present today may introduce evidence or testify relative to the appropriateness of the penalty(ies) assessed. I must ask that you limit your comments to the assessments, specifically as they pertain to the four assessment criteria:

Seriousness, Negligence, History of previous violation at the site, and Good Faith Exhibited in complying with the notice/order.

The validity of the action taken by the Division’s Reclamation Services Section is not subject to review in this proceeding.

You may address questions to anyone present today. Are there any questions as to the scope of this conference before we proceed?

Statement B - (both penalty(ies) and issuance of NOV/CO being reviewed)

My name is , and I will be serving as the Conference Officer for this assessment conference. The conference request by Name - Title - Company -Permit No. was timely submitted and contests the issuance and subsequent penalty(ies) assessment of cite NOV/CO and penalty amounts .

It is my duty to consider the evidence presented today, and determine if each NOV/CO was properly issued and assessed. The Compliance Manager will review my decision concerning the issuance of the NOV/CO, and will either affirm, modify or overrule it. The Assessments Officer will review the assessment portion of my decision.

Should I revise a penalty by more than $500 and 25%, the Assessments Officer must affirm the action.

As a matter of procedure, I will file my decision with the Assessments Officer. He will ensure that the decisions are timely made (fact of issuance - within five working days from close of conference; penalty decision - within 30 days).

Anyone present today has the right to submit evidence relative to the issuance and assessments of the NOV/COs. You may ask questions of anyone present. Are there any questions before we proceed?

Page 24 Revised April 2006

Mine Inspection Scheduling GuidelinesDoc ID: DM-G-16185

Original: 192 words
Condensed: 192 words
Reduction: 0.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 8 MINE INSPECTIONS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.85. A.

Scheduling of Inspections

A regular inspection requires completion of all the duties and activities ascribed for an inspection by the MSA. A complete inspection is established only when these requirements of the MSA have been accomplished, a close-out conference with the operator or his agent has been conducted, and a completed inspection report has been provided. In scheduling and conducting inspection activities, the inspector is mandated to perform required activities on different shifts and days covering all crews and workings. Further, Division personnel are to take the initiative with the Federal MSHA, to the extent feasible, in coordinating inspection activities that overlap to avoid unnecessary duplication while maximizing the effectiveness of both agencies’ resources in promoting compliance and improved safety performance.

By pre-planning inspection schedules, the inspector can commence his inspections at a variety of hours, days, shifts, holidays, etc., and continue flexible shifts, hours, and days throughout the visit. This is essential for the conduct of a successful inspection.

Proof of Application Filing for Mining PermitsDoc ID: DMLR-P-2203

Original: 259 words
Condensed: 233 words
Reduction: 10.0%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.03

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Proof of Application Filing Section Technical/Permitting Last Revised 3/12/97

OBJECTIVE AND INTENT:

To ensure that applications for coal surface mining permits, permit renewals, or significant revisions are available for public review in the county or city where the operation is or will be located.

PROCEDURES:

Proof of Filing -

The applicant must file a complete copy of the application materials for public inspection and copying with the Clerk of the Circuit Court (city or county) where the mine site is located, or other accessible public office approved by the Division.

The applicant must obtain a receipt or other documentation from the Circuit Court Clerk, or other authorized person, as proof of filing of the application. Once submitted to DMLR, the receipt or documentation will be routed to the Review Specialist.

Failure to Provide Adequate Proof of Filing -

If the applicant does not provide proof of filing, the Review Specialist shall instruct the applicant to republish the public notice and refile the pertinent application materials (4 VAC 25-130-773.13(a) of the regulations).

The Review Specialist shall determine the length of the re-publication and additional comment period. The determination shall be dependent on the time period in which the application was not properly filed. The extended public notice and comment period shall be at least one publication date with a 30 day public comment period.

The applicant must submit adequate proof of filing to the Review Specialist for the additional publication and comment period. 1

Virginia Coal Mine Licensing ProceduresDoc ID: DM-P-10801

Original: 1,020 words
Condensed: 745 words
Reduction: 27.0%

DIVISION OF MINES

CHAPTER: VIII Customer Assistance

PROCEDURES MANUAL

PROCEDURE NO: 1.08.01

ISSUE DATE: January 1, 1997 SUBJECT: Licensing

LAST REVISED: 10/03;07/07

OBJECTIVE AND INTENT

To develop and implement an efficient licensing procedure for all coal mines within Virginia to ensure compliance with the Mine Safety Act.

GENERAL

  1. The DM staff will ensure that a mine license is obtained prior to commencement of the operation of a mine, and maintained until the initial reclamation has been completed.
  1. A site will be licensed upon the beginning of any site preparation activity, other than exploratory drilling or other exploration activity, and shall cease to be an underground coal mine at completion of initial reclamation activity.
  1. Applications can be submitted to the Keen Mountain Office, the Big Stone Gap DM Office or Client Assistance Center.
  1. The Division of Mines will process a mine license application within 10 days of receipt of the application in the Big Stone Gap Office. The original copy of the application is maintained in the Big Stone Gap Division of Mines’ files, and one copy to the Commissioner of Revenue for the county in which the mine is located.
  1. At the time the license is issued, a computer note will be generated to the mine inspector assigned the newly licensed .
  1. When a mining operation is determined to be operating without a valid mine license, the mine inspector will issue an Order of Closure requiring the cessation of all activity until such time as a valid mine license is obtained. (See Procedure 1.05.06) Rv. 07/07

1-4

PROCEDURE

1. PROCESSING OF MINE LICENSES

 New licenses

a. The applicant must submit the following: (1) $180.00 application fee (2) A completed DM-CM-1 Form (Mine License Application)

 Renewals

a. One month in advance of the license renewal date, the applicant will be provided a renewal application package. If no changes are required in the current information on file, the applicant will need to submit the $180.00 fee and return the signed affidavit indicating no changes. If changes are required, the applicant must return the updated information, signed affidavit, and the $180.00 fee.

 Change of Ownership

a. The applicant must submit the following:

  1. $180.00 application fee
  2. A completed DM-CM-1 Form (Mine License Application)
  3. DM-CM-2 Form (Tonnage) from previous operator
  4. A letter of relinquishment from previous operator
  5. A final map from the previous operator

2. CHANGE IN MINE LICENSE APPLICATION

 In accordance with 45.1-161.59 C, notification for changes in information required under 45.1-161.59 A, are to be reported within 30 days of the change. This notification is required in writing to the Division of Mines and may be by letter or the DM-LI-1, Notice of Operator Change in Licensing Application Information:

a. Name of the company b. Mine name and/or number c. Current information that is to be changed with revisions. Information changed such as “overall responsible person”, will require a new mine license to be printed.

Rv. 07/07

2-4

3. ABANDONMENT

In order to abandon a mine site, the following information must be provided by the operator:

a. Underground mines (1) Pursuant to 45.1-161.63, the operator must provide written notice of abandonment to the Division of Mines. This notice should include the name of the mine, location of the mine, the operator’s name and mailing address. (2) A DM-CM-2 form (tonnage) must be provided. Total tonnage and hours are needed from January 1, or date license issued in the current year, through the date of abandonment. NOTE: This information is required even if there is zero tonnage for the time period. (3) A final map of the mine.

b. Surface Mines (1) Pursuant to 45.1-161.63, the operator must provide written notice of abandonment to the Division of Mines, which includes the name of the mine, location of the mine, the operator’s name and mailing address. (2) A DM-CM-2 form (tonnage) must be provided as described in (2) of underground mines. (3) Final map (if applicable)

 Once the notification of abandonment has been received, the mine will be listed as abandoned in the DM computer system. The appropriate supervisor/inspector and the DMLR Reclamation Manager will be notified of the abandonment via computer note. A notification letter of abandonment, copy of the final tonnage, and operators request to abandon will be mailed immediately by the Mine Inspector Supervisor to the Commissioner of Revenue and Treasurer of the county where the mining occurred. This notification letter will inform them the mine has been removed from the Division of Mines’ active mine file and is no longer under the Division’s jurisdiction.

 NOTE: Receiving abandonment notices may not mean that the initial reclamation has been completed at the mine. Therefore, DM inspectors should refer to Procedure No. 1.08.02.

Rv.07/07

3-4

5. LICENSE AND OTHER FEE PAYMENT

Payments may be submitted to the Big Stone Gap Office or the Keen Mountain Office by cash, check, or money order made payable to the “Treasurer of Virginia” for the following fees:

a. License fees

b. Board of Coal Mining Examiner’s fees (1) Certifications (2) Examinations (3) Study Guides (4) Replacement Cards (5) Reciprocity

c. Freedom of Information fees (1) Computer generated reports (2) Copies of files (3) Map copies

d. Mine Rescue fees

e. Small Mine Safety Service fees

 When payments are made to the Keen Mountain Office, the customer is given a copy or a receipt that is made in triplicate. One copy of the receipt is maintained at the KMO, one copy with the fee is mailed to the Big Stone Gap Office where a computer-generated receipt is issued, and one copy is provided to the customer.

 Money received at the Big Stone Gap Office is entered by a designated person on an adding machine listing, which is then initialed and dated and attached to funds and hand delivered to a designated clerical who enters into the computer receipt system to issue a computer receipt. A copy of each receipt issued is maintained in the DM files.

All fees are delivered daily to the Office of Financial Services with a copy of the receipt and a daily revenue report.

Rv. 07/07

4-4

Long-Term Facilities Cost Bond GuidanceDoc ID: DMLR-M-2-91

Original: 209 words
Condensed: 201 words
Reduction: 3.8%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 2-91 Issue Date: April 21, 2008 Subject: Cost Bond – Long Term Facilities (issued 2/5/91, updated 10/1/01 & 04/21/08)

§4VAC25-130-800.17(b)(2) of the regulations specifies the cost of removing the facilities associated with the long-term disturbances shall be considered in the performance bond calculation. The Division may exclude the cost of removing facilities that will remain on the site after the operation is completed when the facilities retention is necessary to achieve the post mining land use. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Public Participation in Mine Permit ApplicationsDoc ID: DMLR-M-3-89

Original: 289 words
Condensed: 257 words
Reduction: 11.1%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 3-89 Issue Date: April 21, 2008 Subject: Filing Application – Public Participation Process (issued 3/17/89, updated 10/1/01 & 04/21/08)

§4VAC25-130-773.13(a) (2) of the regulations requires that the applicant for a permit make the application available for public review and copying at a public office of the county/city where the mine site is located.

In order to ensure public access and prevent delays in the application decision process, the Division will require the applicant to obtain a receipt or other documentation from the public office to verify the application was properly filed and made available for public inspection (from the 1st date of public notice publication through the end of the public comment period. The applicant can use form DMLR-PT-236.

Subsequent changes and corrections required by DMLR during the review and public participation process must also be placed in the copy for public display and review.

This requirement applies to each permit, significant revision, and renewal application. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

AML Water Project Review ManualDoc ID: DMLR-G-AMLWPR

Original: 7,890 words
Condensed: 6,882 words
Reduction: 12.8%

AML

Water Project

Review Manual ______________________

Prepared By

Division of Mined Land Reclamation

Abandoned Mine Land Section

______________________ DMLR-AML-WPm

Rev. 07/07 Division of Mined Land Reclamation AML Water Project Review Manual

TABLE OF CONTENTS

INTRODUCTION ......................................................................................................................... 2

AML PROGRAM OBJECTIVES ................................................................................................ 3

FUND DISTRIBUTION STATEMENT....................................................................................... 5

WATER PROJECT POLICIES..................................................................................................... 5

ALLOWABLE ACTIVITIES............................................................................................ 6

FUNDING POLICIES....................................................................................................... 7

PROJECT RANKING SYSTEM ...................................................................................... 9

RELATIVE VALUE AMONG RANKING CRITERIA.................................................. 10

AML WATER PROJECT EVALUATION.................................................................................. 12 DMLR-AML-WPm Rev. 07/07 1 Division of Mined Land Reclamation AML Water Project Review Manual

INTRODUCTION

This manual is the result of a joint collaboration between the Cumberland Plateau Planning District Commission and the LENOWISCO Planning District Commission. This activity was completed under an agreement with the Virginia Department of Mines, Minerals, and Energy1 (DMME). This manual is intended to be used as a guide for water project applications to DMME's Abandoned Mine Land (AML) Program. The AML Program is a program with a variety of priorities to address needs created by pre-law2 mining activities.

The DMME located in Big Stone Gap, has been designated to assume administrative responsibilities for the AML funds in Virginia that are made available by the U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE). Congress makes an annual appropriation from the fund to OSMRE, which then awards the funds to eligible states and tribes through grants.

This review manual incorporates the many years of experience gained by DMME in AML program administration.

The AML fund was established pursuant to the federal Surface Mining Control and Reclamation Act (SMCRA) of 1977, Public Law 95-87, which was enacted on August 3, 1977.

Funds are obtained from reclamation fees collected from coal mine operators on a per ton basis of coal mined. The fees are collected by the OSMRE. Through the first 12 years of the program, emphasis was placed primarily on high priority land reclamation projects.

In 1990, Congress amended SMCRA to recognize the severe public health hazards associated with water supplies contaminated by abandoned coal mines. Legislation was enacted to authorize states with eligible coal problems to expend up to 30 percent of the AML funds granted annually for protecting, repairing, replacing, constructing or enhancing facilities relating to water supply, including water distribution facilities, treatment plants, and water sources adversely affected by past coal mining practices. In 2006, Congress amended SMCRA again and removed the 30 percent cap for funding AML water projects.

The purpose of this manual is to provide guidance to water project applicants in order to structure the best application possible. Information in this manual concerning application procedures and evaluation criteria will enhance the applicant's chances for successfully obtaining project funding. The only eligible applicants for these AML funds are the Coalfield Water 1 Administered by the Department’s Division of Mined Land Reclamation (DMLR) Abandoned Mine Land Program. 2 Prior to December 15, 1981, the date Virginia received primacy to implement the requirements of the federal Surface Mining Control and Reclamation Act of 1977, DMLR-AML-WPm Rev. 07/07 2 Division of Mined Land Reclamation AML Water Project Review Manual Development Fund, Inc.3, counties, cities and towns in the Commonwealth of Virginia.

Copies of this manual are available from the LENOWISCO Planning District Commission, the Cumberland Plateau Planning District Commission, or the DMME/DMLR.

LENOWISCO P.D.C.

Cumberland Plateau P.D.C.

P.O. Box 366

P.O. Box 548 Duffield, VA 24244 Lebanon, VA 24266 (276) 431-2206

(276) 889-1778

or

Department of Mines, Minerals and Energy Division of Mined Land Reclamation P.O. Drawer 900 Big Stone Gap, VA 24219 (276) 523-8100

AML PROGRAM OBJECTIVES

The objective of the AML program, as stated in SMCRA, is to "promote the reclamation of mined areas left without adequate reclamation prior to enactment of this Act and which continue, in this unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public."

The reclamation priorities of SMCRA are set forth in Section 403 (a) (30 U.S.C. 1233(a)) and are, in order of priority, as follows:

(1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices; 3 The CWDF is a non-profit 501(c)(3) charitable organization providing grant assistance for water system construction in the counties of Lee, Scott, Wise, Dickenson, Russell, Tazewell, Buchanan, and the City of Norton. The initial funding for the CDWF endowment was provided through a federal grant and will be supplemented with private contributions. The endowment income will be used to make construction grants in the coal-producing counties of Southwest Virginia.

The CWDF will be known as a “gap financing” fund. Applications must leverage the maximum funding from traditional financing sources and only utilize grants from the CWDF to fill the gaps in funding needed for project construction. Projects which can be funded totally utilizing other federal programs will not be considered as CWDF projects.

DMLR-AML-WPm Rev. 07/07 3 Division of Mined Land Reclamation AML Water Project Review Manual (2) The protection of public health, safety and general welfare from adverse effects of coal mining practices;

(3) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining including measures for the conservation and development of soil, water (excluding channelization), woodland, fish, wildlife, recreation resources, and agricultural productivity;

(4) The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; and

(5) The development of publicly owned land adversely affected by coal mining practices including and acquired as provided in this title for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.

SMCRA requires AML resources be directed at the highest priority problems. OSMRE only allows lower priority projects (priority 3 and below) to be undertaken if all higher priority projects have been addressed or are in the process of being addressed. In 1990, SMCRA was amended when Congress recognized the severe public health hazards associated with water supplies adversely affected by abandoned coal mine workings. The Congressional Committee Report on the SMCRA amendment stated the Committee's belief "that when abandoned mines have degraded groundwater quality or depleted groundwater quantity to such an extent that citizens no longer have an acceptable supply, an adverse impact on health, safety, and the general welfare is self-evident."

The 1990 amendment allowed for possible AML funding of water projects, including the protection, repair, replacement, construction, or enhancement of facilities relating to water treatment, supply or distribution to qualify for possible funding.

Proposed water projects are prioritized by DMME in accordance with SMCRA. Several factors are considered in determining the priority of projects and in evaluating project applications, such as:

  • evidence that demonstrates the impacts of the quantity and quality of the water supply on the public health, safety, and general welfare;
  • the extent to which the problems with the water supply source are predominately the result of eligible AML problems. A connection between mining practices and damage done to a water supply system is not always clear. Such other factors as public use, weather, materials used, method of construction, or other pollution sources may also have contributed to the degree of damage (e.g. a water supply DMLR-AML-WPm Rev. 07/07 4 Division of Mined Land Reclamation AML Water Project Review Manual system may be affected by industrial, agricultural or public waste, agricultural sedimentation, or active mining);
  • reclamation or abatement of the AML problems compared to construction of a water supply system is not cost effective or will not solve the problem;
  • the construction of the water supply system will eliminate or greatly minimize the existing danger to the public;
  • the extent to which the problems resulted from deterioration through aging of facilities due to lack of normal or routine maintenance or replacement; and
  • the extent to which the AML project is limited to the restoration of water service to the same number of persons originally served or adversely affected. An enhanced water supply project for a new population or service district not adversely affected by past coal mining problems would not qualify for funding. Costs associated for extending water services to communities not affected by AML problems would have to be paid from non-AML sources.

FUND DISTRIBUTION STATEMENT DMME’s authority for funding water projects, including the protection, repair, replacement, construction or enhancement of facilities relating to water treatment, supply or distribution is based upon 30 CFR, Section 874.14.

The amount of funding available for water projects changes from year to year, depending on several factors, including the AML fees collected, number of emergencies which may occur for any given year, and the number and cost of other critical non-water projects. Due to limited funds available, DMME/DMLR must make difficult choices on project selection.

WATER PROJECT POLICIES

This section describes eligible AML project sites, allowable activities, funding policies, and the selection system for awarding AML Water Projects.

AML may fund projects where the adverse effects are due predominantly to the effects of mining processes undertaken and abandoned prior to December 15, 1981.

Sites mined and abandoned between August 3, 1977 and November 5, 1990 may also be DMLR-AML-WPm Rev. 07/07 5 Division of Mined Land Reclamation AML Water Project Review Manual eligible for funding, where the surety of the mining operator became insolvent and funds immediately available from other sources are not sufficient to provide adequate reclamation may also be eligible for funding.

ALLOWABLE ACTIVITIES

30CFR 874.14 provides the regulatory basis for funding water projects, including the protection, repair, replacement, construction, or enhancement of facilities relating to water treatment, supply, or distribution.

The following activities or items are allowable for AML funding:

(1) Basic Engineering Services, including design, bidding and contracting, and construction management.

(2) Financial records keeping, reporting, and related administrative costs required under the AML agreement.

(3) Pre-approved additional engineering services, such as surveying, geotechnical and soils analysis.

(4) Source development, construction of water lines and appurtenances, tanks and pumping stations to serve AML impacted areas.

Activities or items not covered under the AML funding:

(1) Permit Fees

(2) Land Acquisition, including easements

(3) Purchase and installation of water meters and service lines beyond the customer's meter

(4) Legal costs

(5) Preliminary Engineering Reports and Residential Surveys

(6) Construction of water line extensions to areas not impacted by the AML problem

(7) Contingencies

FUNDING POLICIES DMLR-AML-WPm Rev. 07/07 6 Division of Mined Land Reclamation AML Water Project Review Manual Funding policies for water projects are as follows:

  • The Coalfield Water Development Fund, Inc. and units of local government are the only potential recipients of AML funds. However, local governments may contract with public service authorities, water authorities, non-profit organizations, or other organizations to undertake project activities.
  • All applications should be sent to the Planning District Commissions after an annual solicitation. The Planning District Commissions will be responsible for submitting all project applications to DMME for review and evaluation. The Planning District Commissions will review applications for completeness and assist in obtaining all necessary information required by DMME for project review and evaluation.
  • Local governments may submit only one application per year. The project ranking system included in this manual will be used by DMME to determine which projects, if any, will be funded with the allocation for that year.
  • Applications for water projects shall identify the total cost and scope of work for the entire water system. If DMME determines that AML funding cannot be provided for a potential project with a single grant, DMME will consider funding the project in phases. The phased project will be considered as a single project application.
  • Applicants are limited to $1.8 million in “open4” AML contracts. Applicants must have received administrative closeout from DMME by October 1 of the water project application year in order for a contract NOT to count against the $1.8 million limit.
  • The applicant is required to contact its local Planning District Commission (PDC) when seeking water project funding from the AML fund. The PDC should use its knowledge of funding programs and contacts with other state and federal funding agencies, such as the Virginia Community Development Block Grant Program, Rural Development Water and Waste Disposal Loans and Grants, Appalachian Regional Commission, Virginia Water Project, Inc., Virginia Resources Authority, and others, to determine the availability of other project funding.
  • Applicants must demonstrate that a water supply system was significantly affected or damaged by impacts associated with abandoned mine lands and that such predominate AML impacts generated health and safety problems to the users of the 4 Open contracts are those in which all required funding has not been expended, all contractual obligations have not been made, and/or closeout forms have not been submitted to DMME.

DMLR-AML-WPm Rev. 07/07 7 Division of Mined Land Reclamation AML Water Project Review Manual water supply system. Furthermore, applicants must show that reclamation of the AML problems either will not solve the water problem, or be cost effective compared with construction of a new system. Finally, applicants must prove that construction of the proposed water supply system will eliminate or greatly reduce the danger to the public health and safety.

  • All applicants must provide citizens an adequate opportunity to participate in the development of the proposals by holding one public hearing to notify citizens of the proposed project and the level of funding requested.
  • A Preliminary Engineering Report5 (PER) prepared by the applicant will be required as part of the AML application.
  • The level of user charges will be considered in evaluating a project to determine reasonableness of water rates.
  • Applicants must comply with the PDC’s review as required by Title 15.1-1410 of the Code of Virginia.
  • The applicant's ability to obtain funding from other sources or provide local funds will be considered when evaluating a project. Documentation of efforts to secure other funding is required. However, an applicant's inability to qualify for other funding or provide local funding and maintain reasonable rates, will not, in itself, prevent that local government from receiving AML funding for an AML eligible project.
  • It is DMME's intent that AML dollars will not be substituted for other financing already committed to a project.
  • Review and ranking of the proposals should be completed within 90 days of submission deadline.
  • DMME may enter into preliminary funding negotiations with those applicants that receive funding offers to determine the final funding amounts and any conditions that may arise relative to funding approval. Following these negotiations, DMME will submit its annual AML grant request containing the selected water project applications to the OSMRE. Upon receipt of the “Authorization to Proceed” from OSMRE, DMME will enter into final contract negotiations with the selected applicants. It is anticipated that contracts for funding will be completed within 90 days of the contract negotiation session. If a contract has not been executed between DMME and the locality within 120 days of the contract negotiation session, DMME 5 The PER addresses applicable items listed in the next section - Project Ranking System DMLR-AML-WPm Rev. 07/07 8 Division of Mined Land Reclamation AML Water Project Review Manual may withdraw the funding offer.
  • Funding recipients must complete project activities within 24 months of executing a contract with DMME, except in the case of unforeseen delays due to factors beyond the control of the funding recipient (i.e., regulatory agency approvals, such as, Virginia Department of Health, Marine Resources Commission, U.S. Army Corps of Engineers, weather, etc.) In such instances, DMME will consider time extension requests from the funding recipient.

PROJECT RANKING SYSTEM

This section assists prospective applicants in understanding the ranking criteria for project selection and helps them to plan projects appropriately. (An example of the evaluation form has been included for your information on page 11.) Only proposed projects in which a relationship is demonstrated between abandoned mining and water problems will be evaluated.

Ranking criteria comprise five areas of evaluation as explained below:

  1. Public Health and Safety Impacts

Each proposed project will be evaluated on impacts, objectives, and priorities of the AML program. The level of the adverse impact on the health and safety of the public will be evaluated as minor, moderate, or major using the evidence and information supplied in the application. These terms are defined as follows:

Major = extreme adverse impacts Moderate = readily apparent, but not extreme Minor = detectable, but slight

Number of Households to Benefit

It is the intent of the AML program to award funding to those projects that provide water service to the maximum number of households. For purposes of this scoring criterion, only those households that have been determined to be in the eligible AML project area will be considered as a "benefited household." AML water projects will be evaluated on the type and extent of service provided.

AML water projects will be evaluated on the number of households to benefit – as documented with signed user agreements from the service to be provided relative to the need identified for such service in the project area.

Appropriate Project Costs / Water Rates DMLR-AML-WPm Rev. 07/07 9 Division of Mined Land Reclamation AML Water Project Review Manual The project budget will be reviewed to ensure that project costs are reasonable and realistic for the types and level of activities proposed. Water projects, which characteristically produce revenues, will be reviewed to determine if AML funding would result in an unusually low user charge. The intent of this rating criterion is to favor those projects with appropriate water rates.

Level of Commitment

Consideration will be given to the degree of commitment to a project demonstrat-ed through the use of non-AML funds, i.e., other federal, state or local funds.

Examples of local funds would include appropriations from local revenues or funds borrowed by local government. Applications that include such other funds will receive greater consideration than those totally funded by AML. The intent of this rating criteria is to award points to projects which will have the ability to "share" in the cost of the project utilizing other resources.

Application Data Provided

It is the intent to award points to applicants who have thoroughly and concisely responded to each question in Part II of the AML Water Project Application Instructions and Requirements (DMLR-AML-WP1).

RELATIVE VALUE AMONG RANKING CRITERIA

Not all the criteria involved in project selection are of equal importance. Consequently, differences in emphasis must be established. Each criterion will be assigned a number representing a measure of emphasis, or a weight factor. Weights for the entire system total 100 percent. Following is a list of the program rating criteria and their relative weights:

Criteria

Percent Weight

  1. Public Health and Safety Impacts

30

  1. Number of Households to Benefit

25

  1. Appropriate Project Costs / Affordability

15

  1. Level of Commitment

15

  1. Application Data Provided

15 Total Project Impact

100

If an error occurs in computing a project's score, the error will be corrected and the score adjusted. If the adjusted score would have made the project eligible for a funding offer, the project will be offered funds that remain from the current year. If funds from the current year are not sufficient, the project will be the next water project funded from an AML award.

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AML BONUS CRITERIA (0-5 POINTS)

Bonus points may be awarded for projects that demonstrate a “regional approach” toward provision of water service for project beneficiaries.

Regional projects will be considered as such if any of the following are addressed:

  • Interconnections with other authorities, municipal water providers or other water districts;
  • Consolidation of management operations including billing or operation and maintenance of treatment facilities or distribution systems. This may include elimination of “layers”, such as smaller water authorities or providers being absorbed into larger entities;
  • Evidence of significant local funding from more than one service provider in a regional (multi-jurisdictional) project.

It is the intent of the AML program to assist in keeping long-term operating costs for all coalfield water systems as low as possible. The degree to which an applicant meets the “spirit” of this intent by working cooperatively with other jurisdictions will be reflected in the amount of points awarded under this criteria.

For instance, projects with a regional scope will be awarded a greater number of points if executed contracts for purchase/sale of water are included with the application versus those projects where there has been merely a discussion of a regional project but no specific activities completed which demonstrate progress toward regionalization.

DMLR-AML-WPm Rev. 07/07 11 AML WATER PROJECT EVALUATION Project Name: _________________________________________________________

County: ________________ Planning District ________________ Date: __________

Criteria

Points I. Public Health & Safety Impacts (30 points)

Major

= 30 points

_______ Moderate

= 20 points

_______ Minor

= 10 points

_______ II. Number of Households to Benefit Documented With Signed User Agreements (25 points) 76 or more

= 25 points

_______ 51 - 75

= 18 points

_______ 26 - 50

= 12 points

_______ 25 or less

= 6 points

_______ III. Appropriate Project Cost / Water Rates (15 points) A. Appropriate Project Costs (10 points) Costs per residential connection: (Total Project Cost / Total Number of Residential Connections) $0 - $14,999

= 10 points

_______ $15,000 - $19,999

= 7 points

_______ $20,000 - $24,999

= 5 points

_______ $25,000 or more with maximum of 70% AML Funding for Total Project Cost = 3 points

_______ $25,000 or more no other funding = 0 points

_______

B. Affordability (5 points) Costs for 4,500 gal. of treated water: $35.00/mo or more

= 5 points

_______ $30.00/mo.-$34.99/mo.

= 3 points _______ $25.00/mo.-$29.99/mo.

= 2 points

_______

$0 - $24.99/mo

= 1 point

_______

IV. Level of Commitment of Non-AML Funds (15 points) 51% or more of total project cost

= 15 points _______ 26% - 50% of total project cost

= 13 points _______ 11% - 25% of total project cost

= 10 points _______ 6-10% of total project cost

= 5 points _______ 1-5% of total project cost

= 1 point _______

V. Application Data Provided (15 points) Excellent

= 15 points

__ Good

= 10 points

__ Fair

= 5 points

__

VI. AML Bonus Award (0-5 points)

_______ TOTAL (maximum points = 105)

_______ DMLR-AML-WPm

Rev. 07/07 Division of Mined Land Reclamation AML Water Project Review Manual

AML

Water Project

Application ______________________

Division of Mined Land Reclamation

Abandoned Mine Land Section

______________________ DMLR-AML-WPm Rev. 07/07 Division of Mined Land Reclamation AML Water Project Review Manual

TABLE OF CONTENTS

AML Water Project Application INSTRUCTIONS AND REQUIREMENTS ........................... 2

APPLICATION Cover Sheet......................................................................................................... 6

SECTION A- Budget Summary and Instructions.......................................................................... 7

SECTION B – Source of Funds..................................................................................................... 9 SECTION C – Forecasted Cash Needs............................................................................................9 Instructions for Sections B and C ..................................................................................................10

RESIDENTIAL SURVEY............................................................................................................ 11

PRELIMINARY ENGINEERING REPORT............................................................................... 12

DMLR-AML-WP1 1 Rev. 07/07 Division of Mined Land Reclamation AML Water Project Review Manual

AML WATER PROJECT APPLICATION INSTRUCTIONS & REQUIREMENTS

The Department of Mines, Minerals and Energy (DMME)6, in conjunction with the LENOWISCO and Cumberland Plateau Planning District Commissions (PDC), has devised a format and guidelines for water project funding applications. The DMME will contact the PDCs in June of each year requesting the submittal of water project proposals for consideration. The PDCs would have until the deadline set in DMME’s water project application solicitation to submit water project applications.

It is critically important that all guidelines be followed and requirements met when completing this application. Careful adherence will allow DMME to review, in a timely manner, each proposal's stated needs, objectives, and common variables while maintaining consistency in the evaluation. While each problem or project area may be unique, a standard procedure for submittal is necessary to eliminate any inconsistency in the decision-making process. With this in mind, please carefully read and comply with all the following instructions and requirements.

I. General Instructions

  1. Respond to each question thoroughly and concisely. Do not include any information that is not applicable or clearly referenced to a question. An application may be disqualified for insufficient data, incompleteness, failure to follow the stated format, or excessive, irrelevant information.
  1. The complete application shall be bound with all narratives assembled in the following order.
  1. Application Cover Sheet 7. Maps
  2. Project Need Description 8. Section A
  3. Eligibility Description Budget Summary
  4. Project Description 9. Section B Source of Funds
  5. Results and Benefits Description 10. Section C Forecasted Cash
  6. Budget Descriptions 11. Water Project Application Residential Surveys

Each application shall include a table of contents that references the specific sections to page numbers. All parts of the application must be included in the bound package. No attachments or addendum shall be accepted following initial submittal or beyond the submittal deadline. Maps shall be enclosed in pockets within the bound package and referenced in the table of contents.

The Preliminary Engineering Report (PER) is considered a separate supporting document and may be bound separately but must be submitted with the application. The absence of a PER at the time of submittal shall eliminate the application from consideration in this application round. Regulatory approval of the PER is required from the Virginia Department of Health prior to application

6 Administered by the Department’s Division of Mined Land Reclamation (DMLR) Abandoned Mine Land section.

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submission.

The Applicant shall utilize the Residential Survey form to interview all residents who are to be serviced by the water project. Responses to the survey questions should be as concise as possible. All questions must be addressed.

  1. Submit two copies each of the application and PER to the appropriate planning district commission. The planning district commissions will forward all applications to DMME for project ranking by the deadline set in the water project application solicitation.

The Planning District Commissions are:

LENOWISCO PDC Cumberland Plateau PDC P.O. Box 366 P.O. Box 548 Duffield, Virginia 24244 Lebanon, Virginia 24266 (276) 431-2206 (276) 889-1778

II. Application Format

  1. Project Need Description

Describe the need for the project, specifying the problem(s) and how the project will correct the problem(s). Summarize the existing danger to the public, health, and safety.

Describe how this will be minimized or eliminated. Include any relevant data based on plans, studies, statistics, engineering reports, etc. Discuss only those problems that would be addressed by the proposed project. Include in the discussion any information on the background conditions of the quantity and quality of the water supply and mine related problems with the water supply source. Discuss present water condition relative to current safe drinking water standards.

  1. Eligibility Description

A. Describe the degree to which the AML problems affected the current water supply. Water quality problems shall be compared to safe drinking water standards. Refer to mapping and water information provided under item 6 of this section. Current water sources are to be sampled and analyzed at a minimum for conductivity, pH, temperature, total iron, manganese, total suspended and total dissolved solids, hardness, chloride, sulfate, alkalinity, acidity and total or fecal choliform. A minimum of twenty five percent of the households to be serviced by the project is to be analyzed. Location of sample sites are to be identified on a map as instructed in Section 6, Maps.

Note: A connection between mining practices and damage done to a water

DMLR-AML-WP1 3 Rev. 07/07 Division of Mined Land Reclamation AML Water Project Review Manual

supply system is not always clear. Such other factors as public use, weather, materials used, method of construction, lack of normal or routine maintenance, and other pollution sources may also have contributed to the damage. Account for these factors in the description and describe their degree of influence.

B. Applicant must provide available mine history data such as company names, start and completion dates of mining, permit numbers, mine index numbers, coal seam names, type of mining, etc. Include dates of water loss and/or impacts in relation to mining dates.

C. Identify the portion of the project eligible for AML funding and any areas not eligible for AML funding.

  1. Project Description

List the objective(s) of the project and describe the work to be accomplished as it relates to each objective. Provide descriptions in concise layman's terms and list project activities in quantifiable terms whenever possible. (Example: Installation of 4,800 linear feet of 10-inch water line to the community of Bad water.) Designate and describe work that will be done with AML funds. Give the projected start and completion dates and indicate the timetable for major project components.

  1. Results and Benefits Description

A. Briefly describe the results/benefits of the project in terms of public health and welfare, environmental quality, social impacts, educational impacts, etc. Describe any negative results as well as positive ones. In addition, list the following quantitative information.

  • Number of water customers served
  • Cost affordability to beneficiaries (Monthly rates based on average monthly water usage of 4,500 gallons)
  • Increased system capacity
  • Present and projected plant capacity
  • Other applicable quantitative information

B. Provide a projected annual operation and maintenance cost comparison to projected revenue over a five (5) year period following construction.

  1. Budget Description

A. Complete the budget form (DMLR-AML-WP3) provided and include it in this section.

DMLR-AML-WP1 4 Rev. 07/07 Division of Mined Land Reclamation AML Water Project Review Manual

B. Describe the status of all non-AML funds to be used on the project. Information about non-AML matching dollars should be specific, firm and well documented. Include a narrative description of the provider, its normal function and the person contacted.

Give appropriate dates such as dates contacts were made, dates funds were formally requested or expected dates of application submittal(s), and approval date(s). Include in this section local government resolutions and/or letters of commitment for all non-AML and in-kind resources. Provide separate information about each source of funds.

  1. Maps

Submit the following maps:

A. A location map with a minimum of 10 mile radius, clearly showing roads and appropriate service areas.

B. A composite map showing the extent of both underground and surface mining. Cross-reference this date with the mining history data, proposed water project service areas, and affected residences. The mining areas eligible for AML funding must be delineated from the total mining areas shown.

C. A project map showing total proposed activities. A clear delineation of AML and non-AML funded areas must be provided.

D. A map showing locations of Residential Surveys, water samples, and all known water sources (well, springs, cisterns) in the area. Water survey and sample reports shall be indexed to map locations. Provide cross sections showing depths of wells in reference to coal seams mined.

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COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VIRGINIA 24219

TELEPHONE: (276) 523-8206

APPLICATION COVER SHEET

Project Title: ____________________________________ Locality/County:

Project Location: _________________________________ Proposed Water Source:

Applicant: _______________________________________ Application Date:

Contact Person: _________________________________ Title:

Address: _______________________________________ Phone No.:

Project size: (linear feet)

No. of households to benefit:_____________________________

No. of signed User Agreements___________________________

Phased project: ( ) Yes ( ) No ( ) Undecided

Projected Total Cost (all phases): $ _________

Amount requested this application: $ _________

Non-AML funding provided: $ _________

Previous AML project(s) funded: ( ) Yes ( ) No

If yes, give name(s): 1.

Projects Cost(s): 1.

Open Contracts: 1. _________________________________ (Project Name) $ _________

  1. _________________________________ (Project Name) $ _________

Public hearing held at: on (Date)

PER prepared by:

I DO HEREBY CERTIFY THAT AML WATER PROJECT FUNDS WILL NOT SUPPLANT ANY EXISTING FUNDS

FOR THE PROJECT. I ALSO CERTIFY THAT THE PROJECT MEETS THE REQUIRED CRITERIA AS SET FORTH

IN THE DMME AML WATER PROJECT REVIEW MANUAL.

(Signature of Authorized Official) (Date) ______________________

DMLR-AML-WP1 6 Rev. 07/07 Division of Mined Land Reclamation AML Water Project Review Manual

SECTION A - BUDGET SUMMARY (See Back for Instructions)

ACTIVITY:

  1. Applicant: A.
  1. Project Name: B.
  1. Total Project Cost: 4. Date: C.

Cost Elements A. B. C. D. E. F.

Activity A Activity B Activity Total Total Combined C AML$ Non-AML$ Cost

  1. Construction
  1. Basic Engineering
  1. Additional Engineer-ing
  1. Project Inspection
  1. Legal N/A
  1. Acquisition N/A
  1. Contingency N/A
  1. Administrative
  1. Other

10. Total Activity Cost

11. Amount of Column

AML$

12. Amount of Column

AML$

13. TOTAL PROJECT COST

INSTRUCTIONS FOR SECTION A - BUDGET SUMMARY

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  1. Applicant - Legal name of single unit of local government that is assuming the role of applicant. This must correspond to the applicant from page 1.
  1. Project Name - Project name that corresponds with the project name from page 1.
  1. Total Project Cost - This figure must represent the total of all cost funds involved in the project. In addition, this will be the same figure represented in line 13, column F.
  1. Date - Date of this project application.

Columns A, B, and C are for different project activities. Outline the specific activity in the upper right corner of the Section A - AML Water Project Budget Summary sheet. i.e. water distribution line, water pump station, water source development, etc.

Column D shows the subtotal cost for each element on the budget sheet that will be charged to the AML program.

Column E shows the subtotal cost for each element on the budget sheet that will be charged to non-AML resources.

Column F shows the total cost of each cost element on the budget sheet across all activities.

Cost Element 1-9 shows the costs as outlined in the project's Preliminary Engineering Report.

Cost Element 10 shows the sum of cost elements 1 through 9.

Cost Element 11 shows the subtotal cost for each project activity that will be charged to the AML program.

Cost Element 12 shows the subtotal cost for each project activity that will be charged to non-AML resources.

The following definitions are used for completion of this section:

Construction: This includes the cost of construction, reconstruction, rehabilitation, or installation of physical improvements and facilities associated with the implementation of project activities.

Basic Engineering: This includes engineering design, construction management, and basic fees for the project.

Additional Engineering: This includes those fees not included in the above category. Please itemize these costs individually under item 4, Project Description in the project narrative.

Project Inspection: This includes the fee for inspection of construction projects.

Legal: This includes all legal costs associated with the project including bond council, title opinions, etc. Legal services performed by the chief legal officer of a local government or his staff solely for the purpose of discharging his general responsibilities as a legal officer are unallowable. Legal expenses for the prosecution of claims against the Federal Government of State Government are unallowable. AML funds may not be used for legal costs.

Administrative: This includes all financial records keeping, reporting and related administrative costs required under the AML agreement.

Acquisition: This includes the costs of acquiring real property (i.e., air rights, water rights, and other interests therein). These properties should be used for the provision of public improvements and facilities that are eligible under the grant. AML funds may not be used for acquisition costs.

Contingency: This includes an amount or contribution to a contingency reserve for unforeseen events related to project construction.

AML funds may not be used for contingency costs.

Other: This includes items not specifically spelled out above. Please list the specific item in the blank.

DMLR-AML-WP1 8 Rev. 07/07 Division of Mined Land Reclamation AML Water Project Review Manual

SECTION B - SOURCE OF FUNDS

Amount % Source / Program/Commitment Date

A. AML $

B. State $

C. Local $

D. Federal $

E. Private $

Total $ 100.0

SECTION C - FORECASTED CASH NEEDS

Source 1st Qtr. 2nd Qtr 3rd Qtr. 4th Qtr. Total 5th Qtr. 6th Qtr. 7th Qtr. 8th Qtr. Total for 20___ 20___ 20___ 20___ for Year 20___ 20___ 20___ 20___ Project 1

AML

State

Local

Federal

Private

Total

DMLR-AML-WP1 9 Rev. 07/07Division of Mined Land Reclamation AML Water Project Review Manual

INSTRUCTIONS FOR SECTION B - SOURCE OF FUNDS

This section requires a breakout of all funds involved in the project by amount, percentage of total project cost that the amount represents, and source or program.

Line A: List the amount of AML funds requested (this figure should correspond to Item D-11 of Section A - AML Water Project Budget Summary.

Line B: List the total amount of state funds (grants) included in the project cost; state the percentage of the total project cost which the amount represents; list the state agency and program which is providing the funds. If the amount is from more than one source or program, list each separately.

Line C: List the total amount of local contributions to the project cost; state the percentage of the total project cost that the amount represents.

If this is a regional proposal, identify the local share by each participating locality. Specify the source (general revenue, bond, loan) of the local money. Note: Loan funds are considered to be local money and should be included here.

Line D: List the total amount of federal funds (grants) included in the project cost; state the percentage of the total project cost which the federal funds represent; list the federal agency and program which is providing the funds. If the funds are from more that one source or program, list each separately.

Line E: List the total amount of private funds included in the project cost; state the percentage of the total project cost which the total private funds represents; list the source of these funds under Source/Program. If the funds are from more that one source or program, list each separately.

INSTRUCTIONS FOR SECTION C - FORECASTED CASH NEEDS

This section requires a breakout of all funds involved in the project by the anticipated date the funds will be needed for the project. Be as specific as possible including filling in the year in the Quarter column. Note: Quarters are not necessarily calendar quarters, but three month periods commencing with the project start date. The Total for Project column should equal the totals included for Section B - Source of Funds.

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Map House Number

RESIDENTIAL SURVEY

Name: Number in Household: Address:

Phone: ______________ Own or Rent: ___________________ Years in Residence: Prior Owner or Renter (if applicable):

Water Source(s): (Circle appropriate source.) Well, Cistern, Spring, Surface Impoundment, Auger Hole, Adit, Other: Relationship of source to coal seam(s); probable aquifer: Relationship of source to gas/oil well: Description of Well: (If applicable)

Elevation: __________ Depth: __________ Depth of Casing: __________ Diameter: __________ Date Drilled: __________ Static Water Level: __________ Does owner have well log? __________ Did you drill well(s) currently not in use: _____ Reason for not using:

Uses: (check all that apply) Drinking ___ Bathing ___ Cooking ___ Pool ___ Washing ___ Stock ___ Irrigation ___ Other ___

(if not used for drinking, where do you get drinking water?)

Has water been tested before? _____ By Whom?

Quality: Description: “Color, Odor, Hardness, Soft Crust, Foam, etc.”? (In resident’s own words.)

Has there been a change in water quality over the years?

If yes, worse or better: __________ When did change begin?

Does water quality change during wet weather?

Does water quality change during dry weather?

Is water suspected of causing any illnesses, skin rashes, or other health problems?

Treatment: (if applicable) Type: __________________________ Cost/Month: Effectiveness: Comments:

Quantity: Is supply sufficient for daily needs?

Has source ever gone dry (or been severely depleted)?

Has there been a change in water quantity over the years? When?

Sampling:

Would owner allow samples for test results? Yes No

Person or firm performing survey: _________________________________________________________

DMLR-AML-WP1 11 Rev. 07/07Division of Mined Land Reclamation AML Water Project Review Manual

PRELIMINARY ENGINEERING REPORT

OUTLINE

Introduction - A Preliminary Engineering Report (PER) should clearly describe the owner's present situation, analyze alternatives, and propose a specific course of action, from an engineering perspective. The level of effort required to prepare the report and the depth of analysis within the report are proportional to the size and complexity of the proposed project. Abandoned Mined Land projects must be modest in design, size and cost, and be constructed and operated in an environmentally responsible manner. The following should be used as a guide for the preparation of Preliminary Engineering Reports for AML financed water systems.

I.

PROJECT PLANNING AREA. Describe the area under consideration. The project planning area may be larger than the service area determined to be economically feasible.

The description should include information on the following:

A.

Location. Maps, photographs, and sketches. These materials should indicate legal and natural boundaries, major obstacles, elevations, etc.

B.

Environmental Resources Present. Maps, photographs, studies, and narrative.

These materials should provide information on the location and significance of important land resources (farmland, rangeland, forestland, wetlands and 100/500 year floodplains, including stream crossings), historic sites, endangered species/critical habitats, etc., that must be considered in project planning.

C.

Growth Areas and Population Trends. Specific areas of concentrated growth should be identified. Population projections for the project planning area and concentrated growth areas should be provided for the project design period. These projections should be based on historical records with justification from recognized sources.

II.

EXISTING FACILITIES. Describe the existing facilities including at least the following information:

A.

Location Map. Provide a schematic layout and general service area map (may be identified on project planning area maps).

B.

History. Elaborate regarding the history of the mining in the area as it relates to the location of the community. Be as specific as possible regarding dates.

C.

Condition of Facilities. Describe present condition; suitability for continued use; adequacy of water supply; and, if any existing central facilities, the treatment, storage, and distribution capabilities. Also, describe compliance with Safe Drinking Water Act and applicable State requirements.

D.

Financial Status of any Operating Central Facilities. Provide information regarding rate schedules, annual operating and maintenance (O&M) cost, tabulation of users by monthly usage categories and revenue received for last three fiscal years.

Give status of existing debts.

III.

NEED FOR PROJECT. Describe the needs in the following order of priority:

DMLR-AML-WP1 Rev. 07/07 12 Division of Mined Land Reclamation AML Water Project Review Manual

A.

Health and Safety. Describe concerns and include relevant regulations and correspondence from/to Federal, and State regulatory agencies.

B.

System O&M. Describe the concerns and indicate those with the greatest impact.

Investigate water loss, management adequacy, inefficient designs, and problem elimination prior to adding additional capacity.

C.

Growth. Describe the reasonable growth capacity that is necessary to meet needs during the planning period. Facilities proposed to be constructed to meet future growth needs should generally be supported by additional revenues. Consideration should be given to designing for phased capacity increases. Provide number of new customers committed to this project. Be prepared to provide separate cost estimates including cost to correct problems versus provision for future growth.

IV.

ALTERNATIVES CONSIDERED. This section should contain a description of the reasonable alternatives that were considered in planning a solution to meet the identified need. The description should include the following information on each alternative:

A.

Description. Describe the facilities associated with the alternative. Describe all feasible water supply sources and provide comparison of such sources. Also, describe treatment, storage and distribution facilities.

B.

Design Criteria. State the design parameters used for evaluation purposes. These parameters must follow the criteria established in AML Water Project Review Manual.

C.

Map. Schematic layout.

D.

Environmental Impacts. Describe direct and indirect impacts on floodplains, wetlands, other important land resources, endangered species, historical and archaeological properties, etc., as they relate to a specific alternative. The engineer must conduct an environmental assessment prior to project approval.

E.

Land Requirements. Identify sites and easements required. Further specify whether these properties are currently owned, to be acquired, or leased.

F.

Construction Problems. Discuss concerns such as subsurface rock, high water table, limited access, or other conditions that may affect cost of construction or operation of facility.

G.

Cost Estimates.

Identify cost for the following:

Construction

Non-Construction

Annual Operation and Maintenance

H.

Advantages/Disadvantages. Describe the specific alternative's ability to meet the owner's needs within its financial and operational resources, to comply with DMLR-AML-WP1 Rev. 07/07 13 Division of Mined Land Reclamation AML Water Project Review Manual regulatory requirements, its compatibility with existing comprehensive area-wide development plans, and to satisfy public and environmental concerns. A matrix rating system could be useful in displaying the information.

V.

PROPOSED PROJECT (RECOMMENDED ALTERNATIVE). This section should contain a fully developed description of the proposed project based on the preliminary description under the evaluation of alternatives. At least the following information should be included:

A.

Project Design.

Water Supply. Include requirements for quality and quantity. Describe recommended source, including site.

Treatment. Describe process in detail and identify location of plant and site of any process discharges.

Storage. Identify size, type and site location.

Pumping Stations. Identify size, type, size location and any special power requirements.

Distribution Layout. Identify general location of line improvements: lengths, sizes and key components.

Hydraulic Calculations. This information should provide sufficient detail in a tabular format to determine compliance with design requirements. The engineer may use automation tools. The submittal should include a map with a list of nodes and pipes and the associated characteristics, such as elevation of node, pipe diameter, pipe segment length, reservoir elevation, domestic and industrial water demands, fire flow, etc.

B.

Cost Estimate. Provide an itemized estimate of the project cost based on the anticipated period of construction. Include development and construction, land and rights, legal, engineering, interest, equipment, contingencies, and other costs associated with the proposed project.

C.

Annual Operating Budget.

Income. Provide a rate schedule. Project income, realistically based on user billings, water treatment contracts, and other sources of incomes. In the absence of other reliable information, for budget purposes, base water use on 150 gallons per residential-sized connection per day, or 4,500 gallons per residential-sized connection per month. When large agricultural or commercial users are projected, the report should include facts to substantiate such projections and evaluate the impact of such users on the economic viability of the project. The number of users should be based on equivalent dwelling units, which is the level of service provided to a typical rural residential dwelling.

DMLR-AML-WP1 Rev. 07/07 14 Division of Mined Land Reclamation AML Water Project Review Manual

Operations and Maintenance Costs. Project costs realistically. In the absence of other reliable data, base on actual costs of other existing facilities of similar size and complexity. Include facts in the report to substantiate operation and maintenance cost estimates. Include salaries, wages, taxes, accounting and auditing fees, legal fees, interest, utilities, gasoline, oil and fuel, insurance, repairs and maintenance, supplies, chemicals, office supplies and printing, and miscellaneous. If purchase or treatment of water is being treated from another utility, these costs should be included in the operating and maintenance budget.

Debt Repayments. Describe existing and proposed project financing from all sources.

Project Viability. Provide projected annual operation/maintenance cost comparison to projected revenue over a five (5) year period.

VI.

CONCLUSIONS AND RECOMMENDATIONS. Provide any additional findings and recommendations that should be considered in development of the project. This may include recommendations for specific studies, the need for special coordination, and a recommended plan of action to expedite project development, etc.

DMLR-AML-WP1 Rev. 07/07 15

Aquatic Species Protection in Virginia Coal MiningDoc ID: DMLR-G-26-09

Original: 343 words
Condensed: 277 words
Reduction: 19.2%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 26-09 Issue Date: February 17, 2009 Subject: Aquatic Species-Specific Protective Measures Guide to Permitted Coal Mining Activities in Virginia

This memorandum provides guidance on species specific protective measures in accordance with the 1996 Biological Opinion and Conference Report on the Surface Mining Control and Reclamation Act of 1977. These species specific protective measures may be used by coal mining operations in Virginia. These measures are for the protection of aquatic species from potential adverse affects from coal mining operations.

The following “Aquatic Species-Specific Protective Measures Guide to Permitted Coal Mining Activities in Virginia” becomes effective immediately and any new permit application submitted to Department of Mines, Minerals and Energy (DMME)/Division of Mined Land Reclamation (DMLR) should incorporate the protective measures as appropriate.

As noted in the attached guide, the protective measures should be used when listed species are within ten stream miles of a preparation plant or slurry impoundment and within five stream miles of other coal mining operations such as a surface mine or an underground mine.

Use of these protective measures can result in an expedited review of the section of a permit application addressing listed species or critical habitat.

Should you have any questions regarding this guidance memorandum, please contact the DMLR Technical Services Manager at (276) 523-8156. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Guidelines for Coal Removal in Construction ProjectsDoc ID: DMLR-G-GFC

Original: 4,173 words
Condensed: 3,291 words
Reduction: 21.1%

Department of Mines, Minerals and Energy Division of Mined Land Reclamation and Division of Mines

Guidelines for Coal Removal Associated with Government Financed Construction Guidelines for Coal Removal Associated with Government Financed Construction Projects (Such as the Coalfield Expressway)

The Department of Mines, Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR), and Division of Mines (DM) have developed these guidelines to provide assistance making regulatory determinations for the removal of coal associated with government financed construction projects and in particular the Coalfield Expressway. These guidelines may be used for all government financed construction projects. In this document the term “Project” will apply to all government financed construction exemptions.

It is known that the route of Coalfield Expressway will cross areas containing known coal reserves. Some of these areas will be under existing permits while others will not be permitted.

Both DMLR and DM have regulatory authority for the mining of coal. DMLR regulates the environmental and public health and safety aspects of coal mining while DM regulates the worker safety aspect of coal mining. DMLR issues surface coal mining permits and inspects coal mining sites. DM issues mine licenses and also inspects coal-mining sites for safety matters.

For purposes of clarity, these guidelines are broken down into two sections. The first section provides guidance on DMLR regulatory requirements and the second section provides guidance on DM regulatory requirements. In order to make a determination that a Project is exempt from both DMLR and DM permitting and licensing requirements, certain information must be submitted for evaluation. The same information may be submitted to both divisions.

For the purpose of these guidelines the Project construction area will be defined as the area inside the right-of-way, including service roads, equipment staging areas, access and exit ramps, intersections with other Projects as well as any waste and borrow areas needed for construction. Any coal removal areas outside these areas will not be deemed Project construction activities and will be subject to normal regulatory requirements of DMLR and DM.

DMME Procedures for Determining Regulatory Requirements

Upon receipt of a written request for site exemption from DMME mine licensing and permitting regulations, DMME will –

  1. Within two working days designate a team to review the exemption request. The team will at a minimum consist of one representative each from DMLR and DM.
  2. The team will review the request, all applicable data, visit the site if necessary, and make the determination as to whether an exemption is warranted.
  3. Within seven working days, the team will inform the party(ies), in writing, of the exemption determination.

June 2005 Page 1

  1. For additional guidance see Attachments A (DMLR Procedure 2.1.06: Exemptions for Government Financed Projects) and B (DM Guidelines for Application of Regulatory Standards Manual – Licensing of Mines).

DMLR Regulatory Requirements

GOVERNMENT FINANCED EXEMPTIONS

Under the Virginia Coal Surface Mining Control and Reclamation Act of 1979 and the Virginia Coal Surface Mining Reclamation Regulations, anyone that conducts surface coal mining and reclamation operations must first obtain a surface coal-mining permit from DMLR; however, there are exceptions to that requirement.

§ 4 VAC 25-130-700.11(a)(3) of the regulations provides an exception for, “The extraction of coal as an incidental part of Federal, State or local government-financed Project or other construction in accordance with Part 707.” The construction associated with the Coalfield Expressway or any other government-financed project would qualify for this Government Financed Exemption (GFE). Part 707 of the regulations spells out the information required for the exemption.

In order to facilitate the determination of Project construction sites that may qualify for exemptions, DMLR will exercise its authority under § 4 VAC 25-130-700.11(b) which reads in part “The division may on its own initiative and shall, within a reasonable time of a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under this section. The division shall give reasonable notice of the request to interested persons. Prior to the time a determination is made, any person may submit, and the division shall consider, any written information relevant to the determination.”

Upon DMLR becoming aware of proposed Project construction activities that will result in coal removal, DMLR will, within two working days initiate an exemption determination review for the areas of coal removal associated with the Project construction.

If prior to DMLR initiating an exemption determination review, DMLR receives a request for such a determination, then DMME will initiate that review within two working days as noted above

The regulatory authority for granting a GFE is found at:

§ 4 VAC 25-130-700.11. Applicability.

(a) Except as provided in Paragraph (b) of this section, this chapter applies to all coal exploration and surface coal mining and reclamation operations, except--June 2005 Page 2 (3) The extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction in accordance with Part 707;

(4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale in accordance with Part 702.

(b) The division may on its own initiative and shall, within a reasonable time of a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under this section. The division shall give reasonable notice of the request to interested persons. Prior to the time a determination is made, any person may submit, and the division shall consider, any written information relevant to the determination. A person requesting that an operation be declared exempt shall have the burden of establishing the exemption. If a written determination of exemption is reversed through subsequent administrative or judicial action, any person who, in good faith, has made a complete and accurate request for an exemption and relied upon the determination, shall not be cited for violations which occurred prior to the date of the reversal.

PART 707.

Exemption for Coal Extraction Incident to Government-Financed

Highway Or Other Construction.

4 VAC 25-130-707.11.

Applicability.

(a) Extraction of coal which is an incidental part of government-financed construction is exempt from the Act and this chapter.

(b) Any person who conducts or intends to conduct coal extraction which does not satisfy Paragraph (a) of this section shall not proceed until a permit has been obtained from the division.

4 VAC 25-130-707.12. Information to be maintained on site.

Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and available for inspection, documents which show--

(a) A description of the construction project;

(b) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and June 2005 Page 3 (c) The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.

GUIDANCE FOR EXISTING DMLR PERMITS

When land disturbances for construction activities and/or coal extraction incidental to any government financed project will occur on an existing DMLR issued mining permit, the procedures and guidelines described in the table and narratives below should be followed.

The DMLR must make its determination that the Project is exempt and release the permit prior to disturbances of the areas by the Project.

Existing DMLR issued mining permits may be encountered by Project land disturbances in a variety of operational phases. For example, the permit may be approved with boundaries established but mining not yet started. Active mining may be underway on the permit. The permit may be in the process of reclamation or have reclamation completed. The various operational phases will require a different series of DMLR administrative processes for release of a permit or permitted areas prior to Project disturbances. The following table and narratives provide guidance.

Revision OPERATIONAL Modification Modification to Post Mining application to PHASE PRIOR to mine plan reclamation/dra Land Use release TO PROJECT will be inage control Change will be area/bond DISTURBANCE necessary. plans will be necessary. submitted to necessary. DMLR. 1 Permit area X approved but mining not started. 2 Permit area being X X X X actively mined. 3 Permit area being X X X actively reclaimed. 4 Permit area X X reclaimed and waiting for bond release. 5 Underground X mining areas (PMU) to be encountered.

June 2005 Page 4Operational Phase 1 – Permit area approved but mining not started

Acreage may be deleted by a revision without public participation. The permittee should allow 30 days for the application review and approval process. Bond adjustment may be necessary to the permit due to acreage deletion. Operations and drainage control plans will need to be reviewed but may not need to be changed due to the acreage deletion.

Operational Phase 2 – Permit area being actively mined

Acreage cannot be deleted until modifications to the operations, reclamation, and post mining land use are approved and implemented. The modifications will be made via revision applications that will require public participation. The permittee should allow 180 days for the application review and approval process.

Operations could receive an extension on contemporaneous reclamation timeframes to allow for time to modify permit and for Project construction to approach.

If the active mining operations within the Project corridor were taken over by the Project and information supplied to document GFE, acreage could be deleted via the same processes as in situation 1, but the existing DMLR permit would still need a revision(s) to re-organize operations, drainage, and reclamation plans.

Operational Phase 3 – Permit area being actively reclaimed

Acreage cannot be deleted until reclamation and post mining land use changes are approved and implemented. The modifications will be made via revision applications that will require public participation. The permittee should allow 180 days for the application review and approval process.

Operations could receive an extension on contemporaneous reclamation timeframes to allow for time to modify permit and time for Project construction to approach.

Operational Phase 4 – Permit area reclaimed and awaiting bond release

Acreage cannot be deleted until post mining land use changes are approved. Bond release applications and land use revisions would be the types that require public participation.

After post mining land use changes are approved, and in order to expedite the release of the site, the permittee should submit the bond release application up to 90 days prior to the Project construction encountering the permitted area.

Operational Phase 5 – Underground mining areas to be encountered

Deletion of underground mining areas and modification to underground mining plans will be necessary via revision application. The application should not require public participation.

The permittee should allow 30 days for the application review and approval process.

June 2005 Page 5 DM Regulatory Requirements

The Coal Mine Safety Laws of Virginia, § 45.1-161.57, requires a mine license prior to the “operation of a mine”.

As defined in § 45.1-161.8 of the Code of Virginia, as amended by House Bill No. 2573 (effective March 7, 2005), “Mine” means any underground coal mine or surface coal mine.

Mines that are adjacent to each other and under the same management and which are administered as distinct units shall be considered as separate mines. A site shall not be a mine unless the coal extracted or excavated there from is offered for sale or exchange, or used for any other commercial purposes. The area in which coal is excavated under an exemption to the permitting requirements of § 45.1-234 shall not be a mine.

The definitions under § 45.1-161.8 also describe in detail the meanings of “surface coal mine” and “underground coal mine”. The DM recognizes that in many cases where coal removal is being undertaken for sale in effect may not be a “coal mine”. A mine license is not required for a site conducting coal removal for sale if that site is not principally a coal mine.

Excavation work for sites such as project construction, business construction, and home construction will not be considered a coal mine as long as the coal removed is essential for the site construction. However, if the site construction expands beyond the area relevant for the project construction site, a mine license may be required.

In determining whether a site is a coal mine, the DM will evaluate each case on its own merit. The parties requesting the exemption from obtaining a mine license should submit relevant materials such as company name, principal officers, maps, plans, excavation methods, and bore hole date. The DM will examine submitted materials and then make a determination whether the planned coal removal requires a mine license.

June 2005 Page 6

ATTACHMENT A

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE June 20, 2005 SUBJECT Exemptions for Government Financed Section Enforcement

Projects Last Revised 3-12-97

OBJECTIVE AND INTENT:

To ensure that a government financed project, which may involve the removal of coal, meets the exemption criteria of Part 4 VAC 25-130-707 of the regulations and complies with the DMME/DMLR/DM “Guidelines for Coal Removal Associated with Government Financed Construction”.

PROCEDURES:

General - Determining Regulatory Requirements

Upon receipt of a written request for site exemption from DMME mine licensing and permitting regulations, a DMLR/DM team consisting of at least one representative from DM and the DMLR Reclamation Program Manager (RPM) will –

  1. Review the request and all applicable data; visit the site if necessary; and, make the determination as to whether an exemption is warranted.
  1. Within seven working days, inform the party (ies), in writing, of the exemption determination.

DMLR Initiates Exemption Determination Process -

A Field Inspector may come upon a construction project, which may plan to remove or is removing coal. If the extraction of coal is incidental to a government financed construction project, it is exempt from the coal surface mining regulatory program as long as the operations comply with the terms and conditions of the project.

When finding a project that is not under a DMLR permit, or has not obtained an exemption determination, the Inspector should initiate an inspection of the site (see Procedure #2.1.03) to determine whether the project is exempt from the Act. The Inspector shall contact and coordinate with DM to determine whether a mine license application for the site has been submitted or is required.

Whenever the project removes more than 250 tons of coal, certain documents must be maintained at the project site. The documents should include the information required by 4 VAC 25-130-707.12 of the regulations.

June 2005 Page 7

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE June 20, 2005 SUBJECT Exemptions for Government Financed Section Enforcement

Projects Last Revised 3-12-97

In reviewing the project information, the Inspector should focus on the documents which:

  • describe the construction project;
  • set forth the exact location of the construction, right of way, or boundaries of the area which will be directly affected by the construction;
  • lists the government agency which is financing the project (noting the kind and amount of public financing, and the percentage of the entire construction costs represented by government financing);
  • identifies the government agency contact person; and,
  • may indicate the anticipated amount of coal which may be removed during the project; whether such coal would be commercially sold; and whether the coal removal is necessary for the project completion.

The Inspector should contact the person representing the government financing authority for verification of the information and to ensure any coal extraction does not go beyond the scope of the project. The Inspector shall monitor the project at least monthly to verify that the operation continues to meet the exemption criteria. These reviews shall be documented in an inspection report (DMLR-ENF-044) and forwarded to the Area Supervisor.

If the Inspector’s investigation reveals that the construction company’s coal extraction is no longer exempt, action shall be initiated per Procedure #2.1.03.

Request for Exemption Determination Submitted to DMLR -

Each request for an exemption determination shall be referred to the DMLR/DM team.

Upon receipt of the request, DMLR’s representative, the RPM in coordination with DM,

  • shall determine whether the request is complete.
  • may request additional information from the party requesting the exemption.
  • shall notify the Division Director, the Chief Engineer, Inspector, OSM and other interested parties (including appropriate government agencies).

June 2005 Page 8

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE June 20, 2005 SUBJECT Exemptions for Government Financed Section Enforcement

Projects Last Revised 3-12-97

The DMLR Inspector shall, within two days, conduct an onsite investigation of the proposed exemption site to:

  • determine if the site meets the exemption criteria (4 VAC 25-130-707.11 and 4 VAC 25-130-707.12; and,
  • collect any available data that would assist the DMLR’s determination of exemption eligibility, such as -
  1. documentation of the site conditions.
  1. amount of government financing (and type).
  1. projected cost of project.
  1. whether the government authorization has been given to proceed with the project.
  1. amount of coal removed or to be removed during the project term; where the coal is or will be sold; whether coal removal meets the engineering necessity for the project; and whether the coal is located within the project’s boundaries.

The Inspector shall submit the data and onsite investigation report (DMLR-ENF-044) to the RPM. The investigation report shall include the Inspector’s finding or recommendation as to whether the site does or does not meet the exemption criteria.

Exemption Review Process -

The RPM shall:

  • review the request and the Inspector’s finding or recommendation as to whether the exemption is permissible for the site under the Act and regulations.
  • provide notice of the DMLR’s intent to consider the request to all parties with an identified interest in the exemption determination (may include state and local agencies, appropriate Planning Districts, the mineral owner, the surface owner, the state OSM field office, the site contractor, utilities, or others).

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06 June 2005 Page 9

PROCEDURES MANUAL ISSUE DATE June 20, 2005 SUBJECT Exemptions for Government Financed Section Enforcement

Projects Last Revised 3-12-97

The notice to interested parties may be oral (but documented in the exemption request file) or in writing. The notice shall explain the person’s right to submit written comments or concerns to the Division Director or RPM within a reasonable time period (within 15 workdays, unless unique circumstances require an extended period).

Evaluation of data and comments - The RPM, prior to preparing the Division Director’s written decision to approve or disapprove the exemption request:

  • shall consider the comments submitted from the DM, DMLR, and any interested parties.
  • shall consider the project documentation or reports provided by the funding agency(ies).
  • may request additional information from any involved party or require additional investigation by the Inspector.
  • shall require that an “engineering necessity determination” be prepared by appropriate staff.

Exemption Determination -

Once the RPM receives and considers the additional information requested from the interested parties and the engineering necessity determination, a final written determination to approve or disapprove the exemption request shall be prepared for the Division Director’s signature. If the operation is not determined to be exempt, the applicant shall be required to obtain a Chapter 19 permit for the site.

After the final determination is signed by the Division Director, the RPM shall immediately copy the applicant with the agency’s decision. A copy of the determination shall be concurrently mailed to each interested party.

The final determination shall be made within seven working days from receipt of any additional information.

Exemption Approval/Inspection -

The Inspector will be copied with the exemption determination letter, and for each exempt site shall: June 2005 Page 10

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE June 20, 2005 SUBJECT Exemptions for Government Financed Section Enforcement

Projects Last Revised 3-12-97

  • conduct at least monthly inspections of the site to verify that the project is being conducted in accordance with 4 VAC 25-130-707.11 and 4 VAC 25-130-707.12 and the exemption justification submitted to and approved by the DMLR.
  • document site conditions (mining equipment present and areas of coal removal); and provide a summary of the project progress and cost, amount and type of government funding, total tonnage of coal removed, and revenues received from the sale of the coal.
  • respond to citizen complaints concerning the project per Procedure #3.1.06. The Inspector shall also refer the complainant to the funding agency(ies), and communicate the complaint directly to the funding agency(ies).
  • report to the RPM of any instance where the site activities or conditions appear to be inconsistent with the exemption determination.

Should the Inspector determine that coal removal at the site has exceeded the limits anticipated in the exemption determination, and the coal removal is not an engineering necessity for the project (assistance may be obtained from the Chief Engineer, or technical personnel), immediate action to halt the coal removal operation shall be taken. (see Procedures # 2.1.03,

  1. 3.01, and 3.3.08).

Final Inspection -

The Inspector shall conduct a close out inspection of the project once coal removal is completed. The inspection report (DMLR-ENF-044) shall document the total project cost, amount of public financing, and the total revenues received from the coal removed.

Record keeping - The Area Supervisor shall forward a copy of each inspection report concerning the exempted site to the RPM. The Inspector shall retain a copy of the inspection reports for future reference.

The RPM shall maintain a file of each exemption request received by the DMLR. The record shall include, but not be limited to:

  1. the exemption request, and the current status of the exemption.
  1. a specific location description of the site.

June 2005 Page 11

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL ISSUE DATE June 20, 2005 SUBJECT Exemptions for Government Financed Section Enforcement

Projects Last Revised 3-12-97

  1. identification of the government financing agency(ies) and respective contact persons.
  1. a list of all interested persons notified.
  1. documentation or copies of comments, concerns, and data the DMLR reviewed (both internal and material from interested parties).
  1. the “engineering necessity determination” and supporting rationale.
  1. the DMLR determination letter.
  1. a copy of each inspection and close out report completed and submitted by the Inspector.
  1. all other documents or materials generated or collected relative to the project.

The RPM shall ensure each file is maintained and updated - up to and including the submittal of the Inspector’s close out report.

After receipt of the close out report, the RPM shall review the file and indicate in writing as to whether the agency met its obligations in the matter. The file shall then be forwarded to Central Files.

June 2005 Page 12

ATTACHMENT B

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY

STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 5 LICENSING OF MINES Issue Date: 4/10/00 Revised Date: 4/15/04 Page 1 of 1 Section 45.1-161.57. A .

License Required for Operation of Coal Mines

In determining when a separate mine license is required, the inspector should consider the following:

  • Are the operations being performed at the site using different mining methods, such as auger, strip and/or underground mining?
  • Are there separate entities operating at the site, such as different companies, different ownership, and operators?
  • Are operational activities in different geographical areas?
  • Are mining activities projected to mine together within the mine plan?

A separate mine license is required for each different method of mining employed at any site. Where there are different companies, ownership, and operators in the same location a separate mine license is required. If surface equipment owned by the same operator is operating in different geographical areas not connected and not within a reasonable travel time, then separate licenses should be required. When operational activities are not connected and projected to mine together, a separate mine license for each activity need not be secured.

A current mine license is required through initial reclamation of a previously licensed surface or underground mine site.

A current mine license is not required for harvesting trees if control has been vested with a contracted service for timbering only. This activity would fall under VOSH standards and not the Virginia Coal Mine Safety Act (MSA).

A mine license is not required for a site conducting coal removal for sale if that site is not principally a coal mine. This section of the MSA requires a mine license prior to the “operation of any coal mine”. Excavation work for sites such as highway construction, business construction, and home construction are not considered a coal mine as long as the coal removed is necessary for the site construction. However, if the site construction and related coal removal expands beyond the area relevant to the construction of such site, then a mine license may be required. This should be coordinated with the DMLR’s determination whether a coal surface mining permit is required for the activities.

June 2005 Page 13

Administrative Review of Mine Safety ViolationsDoc ID: DM-P-10409

Original: 2,450 words
Condensed: 2,367 words
Reduction: 3.4%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.09

ISSUE DATE: January 1, 1997 SUBJECT: Administrative Review

LAST REVISED:

Of Notices Of Violation

OBJECTIVE AND INTENT

To enable DM to conduct administrative reviews of violations issued under the Mine Safety Act and to guide the internal management of administrative review conducted by DM. This procedure does not create any right or benefit, substantive or procedural, enforceable at law by a party against the Commonwealth, DMME, its officers, or any person.

GENERAL

  1. The Mine Safety Act expressly provides for the appeal and administrative review of issued violations. The person to whom a Notice of Violation has been issued may appeal the issuance in writing within twenty days of receipt of the violation. Upon proper notice and standing, DM will conduct an informal conference pursuant to § 9-
  2. 14:11 of the Administrative Process Act (APA). Should the parties agree to waive the informal conference or should the informal conference fail to dispose of the case by consent, DM will conduct a formal hearing pursuant to Administrative Process Act § 9-6.14.12.
  1. The Mine Safety Act guarantees judicial review to any party aggrieved by and claiming unlawfulness of the administrative decision. This procedure governs administrative appeals prior to any judicial appeal.
  1. This procedure is only intended to address the administrative review of violations issued under Mine Safety Act § 45.1-161.90 and does not concern certification, licensing, and closure decisions.

1-8

PROCEDURE

1. REQUESTS FOR REVIEW

 Accepting Initial Requests For Review a. Persons seeking to appeal a Notice of Violation should mail or deliver a written notice of appeal to DMME offices in Big Stone Gap or Keen Mountain. Department personnel will only accept written requests to appeal a notice of violation. Persons making oral requests or inquiries should be instructed: (1) that written requests should be delivered or mailed to DMME offices in Big Stone Gap or Keen Mountain; (MSA §45.1- 161.90 (D) (2) that written requests must be received within 20 calendar days from receipt of a notice of violation; (3) that an informal conference will precede a formal hearing unless waived by both parties; and (4) that a request to waive the informal conference should be submitted in writing and should be included in the initial written request for review.

b. The person accepting the written request should: (1) immediately date and sign the request, sign any certified mail or other delivery receipt; and (2) call the Inspector Supervisor responsible for the area from which the appeal arises and forward him the request. If the appropriate Inspector Supervisor is not available, the persons accepting the written request shall call the Chief and forward him the request.

 Developing The Review a. Upon receiving a written request, the Inspector Supervisor, as soon as possible, should: (1) verify that the appeal has been filed by the person to whom the notice of violation has been issued, hereinafter called the applicant; (MSA § 45.1-161.90 (D). (2) verify that the applicant submitted the written request within 20 calendar days following the receipt of the notice of violation (MSA § 45.1-161.90 (D). The twenty calendar days shall be computed in addition to the day on which the notice of violation was received. (§ 1-13) However, if the last day of the twenty day period should fall on a Saturday, Sunday, or legal holiday, a request for review can be submitted on the next day that is not a Saturday, Sunday, or legal holiday. (§ 1.13.3:1)

2-8 b. If a request was not made by the person to whom a notice of violation was issued or that a request was not made within 20 calendar days: (1) the Inspector Supervisor should: (a) send a letter denying review on such grounds; (b) file a copy of the letter in the case file; and (c) notify the Chief by telephone or computer note and forward a copy of the letter to the Chief. c. If a request is not made by the person to whom the notice of violation was issued, but the 20-day appeal period has not expired, the Inspector Supervisor should: (1) immediately call and orally notify the person that the appeal must be made by the person to whom the violation was issued; (2) make a record of the telephone call in the case file; and (3) notify the Chief by telephone or computer note. d. Upon receiving a valid request for review, the Inspector Supervisor, whenever possible within ten working days of the Department’s receipt of the written request, should take one of the following course of action: (MSA § 45.1- 161.90 (D) (1) If neither party waives the informal conference (requesting we proceed directly to a formal conference), schedule the informal conference. (2) If the applicant requests a waiver of the informal conference, either: (a) consent in writing to a waiver of the informal conference and schedule a formal conference (See section 4); or (b) deny the applicant’s request to waive the informal conference, and schedule an informal conference, notifying the applicant in writing. Notice of the decision not to accept the request to waive the informal conference should be included in the letter to the applicant scheduling the informal conference. NOTE: In deciding whether to consent to the waiver of an informal conference, the Inspector Supervisor should consider factors such as: (i) the applicant’s interest that will be affected by the agency’s action; (ii) the risk that the applicant will be erroneously deprived of that interest based upon the use of informal proceedings; (iii) the probable value of the additional safeguards offered by a formal hearing; (iv) the Agency’s interest in the hearing process, including the fiscal and administrative burdens associated with the waiver of an informal conference; and, (v) the likelihood that an informal conference will contribute to a satisfactory resolution. e. If an applicant did not request to waive the informal conference, but the Inspector Supervisor determines DM should request a waiver, the Inspector Supervisor should call and request the applicant’s consent to a formal hearing; and

3-8 (1) if the applicant consents to waive the informal conference, then schedule a formal hearing (See section 4 ); or, (2) if the applicant declines to waive the informal conference, then schedule an informal conference (See section 3).

2. INFORMAL CONFERENCE

 Preliminary Preparation

a. The Inspector Supervisor designated by the Chief to act as the Conference Officer should schedule an informal conference (if not waived) to take place whenever possible within 30 calendar days following the Department’s receipt of the written conference request, at such time agreed upon by the applicant and DM. The meeting shall take place at the DM offices in Keen Mountain or Big Stone gap, or at a location agreed upon by the parties. b. The Conference Officer shall ensure that the applicant receives reasonable notice (which should be at least ten calendar days, unless the applicant and DM agree to less) of the informal conference. The Conference Officer shall send a certified letter to the applicant which details: (1) the nature, date, time, and location of the conference; (2) the applicant’s right to appear in person or by other qualified representative; (3) the specific code and regulation sections at issue; (4) any contrary fact basis or information in the possession of the Department; (5) the public’s right to attend conferences; and (6) the rights and restrictions of third-party participants.

c. The Conference Officer shall promptly notify the Chief and the Deputy Director of the appeal.

 Conferences

a. The Chief shall assign DM personnel to attend the conference needed. b. The Conference Officer shall preside at the informal conference. c. In presiding the Conference Officer shall: (1) accept oral and written statements presented at the conference; (2) question persons at the conference as necessary to gather facts; (3) prepare a written summary of the conference which details all issues raised and testimony presented; and (4) maintain all notes, letters, and other records until the final decision is rendered.

4-8  Decisions

a. The Conference Officer shall render a decision within 90 calendar days unless modified by mutual consent as provided in Administrative Process Act § 9-

  1. 14:11(D) from the date of the fact-finding proceeding. The decision letter shall state: (1) the final decision of the conference officer, including the general grounds upon which the decision is based; and (2) the factual or procedural basis for an adverse decision, including references to specific code and regulation provisions where appropriate (§ 9-6.14:11 A). b. The Conference Officer shall prepare two duplicate originals of the final order. One original is to be filed in the case file as a public record, and one original is to be sent to the applicant. (§ 9-6.14:14) c. The full conference record shall be retained in the case file.

 Notification

a. The Conference Officer shall send the applicant the decision letter within five calendar days of the decision (§ 9-6.14:11. D) (1) The signed decision letter shall be in writing. (2) The decision letter shall be sent by certified mail, unless the decision letter is hand delivered in a manner evidenced in writing. (§ 9-6.14:14) (3) If a decision is adverse, the decision letter shall inform the applicant of: (a) the factual or procedural basis for the decision; (b) the applicant’s right to appeal; and (c) the procedure for appealing the decision. b. The Conference Officer shall send copies of the decision letter to: (1) the Chief; (2) the Inspector who issued the original action; (3) the Deputy Director; and (4) the Assistant Attorney General representing DM

 Post Conference Review a. The informal conference decision shall take affect only upon the applicant’s signed acceptance of the decision letter. Upon such signature, DM’s decision shall constitute final agency action. b. In the event that the informal conference fails to dispose of the case by mutual consent, DM shall conduct a formal hearing pursuant to Administrative Process Act § 9-6.14:12.

5-8

3. FORMAL HEARING

 Preliminary Preparation

a. In the event that an informal conference was mutually waived or failed to dispose of a case by mutual consent, the Chief shall: (1) assign a hearing officer after consulting with the DMLR Assessment Officer; (2) forward copies of all relevant records and documents to the Assistant Attorney General, who will serve as counsel for DM; (3) schedule a formal hearing to take place at the Department’s Keen Mountain or Big Stone Gap offices, or at a location agreed upon by the parties, and at such time as agreed upon by the hearing officer and parties; and (4) ensure that the applicant receives reasonable notice (which should be at least 15 calendar days unless the applicant and DM agree to less) of the formal hearing. The Chief shall send a certified letter to the applicant which details: (a) the nature, date, time, and location of the hearing; (b) the named party’s right to appear in person or by counsel; (c) the basic law or laws under which the Department contemplates its possible exercise of authority; (APA § 9-

  1. 14:12 (B). (d) the matters of fact and law asserted or questioned by the Department, including references to specific code and regulation provisions where appropriate; (APA § 9-6.14:12 (B) (e) the public’s right to attend hearings; and (f) the rights and restrictions of third-party participants. b. The Chief shall promptly forward the hearing officer: (1) a copy of the hearing request; (2) a copy of the notice of violation; (3) a copy of the letter to the applicant scheduling the hearing; and (4) any other relevant documents.

c. The Chief shall promptly notify: (1) the Inspector Supervisor; (2) the Inspector who issued the violation; (3) the Assistant Attorney General representing DM; and (4) the Deputy Director.

6-8  Formal Hearings

a. The Chief shall assign DM personnel to attend the hearing as needed. b. The hearing shall be conducted in accordance with APA § 9-6.14:12. c. The hearing officer shall preside over the hearing.(MSA §45.1-161.90(D). d. The Chief shall ensure that a recorded and transcribed record of the hearing is made. A copy of the transcript shall be provided, upon request, to the applicant. e. The burden of proof shall be on the applicant. (APA § 9-6.14:12 (C] f. The hearing officer shall submit a written recommendation to the Department within 90 calendar days from the close of the record .[APA § 9-6.14:14.1(D)]

 Decisions

a. The hearing officer shall forward the record of the formal hearing to the Chief. b. The hearing officer shall send a copy of his recommendation to the Chief and to the applicant. c. The Chief may affirm, modify, or vacate the recommendation of the hearing officer. The Chief shall render a final decision within 30 days from the date that the agency receives the hearing officer’s recommendation or as otherwise provided in APA § 9-6.14:11(E). The final decision order shall: (1) justify the findings and conclusions of the Agency, and (2) reflect the reasoned consideration of all material facts and issues. d. The Chief shall sign two duplicate originals of the final order. One original shall remain in the case file s a public record, and one original shall be sent to the applicant. [§ 9-6.14:14] e. The full conference record shall be retained in the case file.

 Notification

a. The Chief shall send the applicant the decision letter within five days of the decision. [§ 9-6.14:12 (H)] (1) The decision letter shall be sent by certified mail, unless the decision letter is hand delivered in a manner evidenced in writing. [APA § 9-

  1. 14:14] (2) If a decision is adverse, the decision letter shall inform of: (a) the factual or procedural basis of the decision; and (b) the applicant’s right to a judicial appeal. b. The Chief shall send copies of the decision letter to: (1) the Deputy Director; (2) the Inspector Supervisor (for routing to the Inspector); and (3) the Assistant Attorney General representing DM.

7-8  Post Hearing Review

a. The decision of the chief shall constitute final action by the agency. The Mine Safety Act does not give the applicant right to seek further review or reconsideration from the Department. b. The person accepting a “notice of appeal”, “petition for appeal”, or other relevant court documents should: (1) immediately date and sign any certified mail or other delivery receipt; and (2) forward the original to the Chief, and copies to the Director and Deputy Director. c. The Chief shall draft a transmittal letter listing the contents of the record. The Chief shall send the letter and administrative record to the appropriate Court Clerk’s office, the applicant’s attorney, and the Assistant Attorney General representing DM.

8-8

Mine Closure and Permit Finalization ProceduresDoc ID: DMM-P-45

Original: 366 words
Condensed: 271 words
Reduction: 26.0%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.5.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Completion Material/Permit Close-Out Section Permitting Last Revised

OBJECTIVE AND INTENT:

To ensure timely and consistent close-out of reclaimed mines.

PROCEDURES:

  1. The Mine Inspector will check areas regraded and vegetated to verify site conditions. The Mine Inspector will complete his review of the completion materials within 30 days of receipt from the operator or the DMM office.
  1. The Program Support Technician will conduct the completeness review within 2 days of receipt of the package. If the completion package is incomplete it will be forwarded to the Mine Inspector to obtain the proper documentation.

The Program Support Technician will confirm that the completion package contains the following information:

  • A letter from the operator requesting release of his permit/license
  • A completed Mineral Mining Annual Tonnage Report (DMM-146)
  • A Bond Release Inspection (DMM-104d) completed and signed by the Mine Inspector. This form must cover release of all bonded acreage.
  1. The Program Support Technician, upon completion of the review process and within 9 days of receipt, will signify approval by signing the Bond Release Inspection Form.
  1. The Program Support Technician will log the Tonnage Report data onto the Mineral Mining System.
  1. The Program Support Technician will release all bonds posted on the complete operation in accordance with DMM Procedure 4.4.00, Bond Reduction and Release.
  1. Upon receipt of the processed Request to Refund Cash Bonds or Revenue (OFS-RRV-1) from the Office of Financial Services, the Program Support Technician will enter the Mineral Mining System and update the permit information by entering an abandoned date, zeroing the permitted acreage and bonded acreage registers, and update the reclaimed acreage registers with the acreage released at close-out.
  1. The Program Support Technician will prepare, sign, and mail a completion letter to the operators notifying them that the operation has been closed. The letter will be accompanied by a copy of the executed Bond Release Inspection form.
  1. The Program Support Technician will provide the site Mine Inspector with a copy of all completion materials and update the office file. The office file will then be marked "completed", dated, and placed in storage for records retention in accordance with State polices and DMME procedures.
  1. 5-1

Federal Lands Mining Reclamation ProceduresDoc ID: DMLR-P-3311

Original: 1,377 words
Condensed: 1,203 words
Reduction: 12.6%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.11

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Operations on Federal Lands Section Reclamation Services (USFS - Federal Land Management Agency) Last Revised February 26, 2003

OBJECTIVE AND INTENT :

To ensure the DMLR reviews applications, issues permits, and monitors surface coal mining and reclamation operations on Federal Lands (United States Forest Service’s lands) in Virginia in accordance with Subchapter VD of the regulations and the Federal Lands Cooperative Agreement (published April 7, 1987 Federal Register).

PROCEDURES :

In addition to the standard procedures for reviewing permit, revision, and renewal applications, and regulating a permitted site, Division personnel shall comply with the following:

Review of Permit, Revision, and Renewal Applications - Coordination with the Federal Lands Management Agency - United States Forest Service (USFS) -

The Field Inspector shall initially obtain an electronic version of the permit, revision, or renewal application from the applicant, and shall forward an electronic copy to the USFS office located in Norton, Virginia.

Immediately after forwarding a copy of a permit application to the USFS office, the Inspector shall:

  • contact the USFS’s representative to schedule a joint inspection of the proposed permit site within 10 ten days.
  • notify the Office of Surface Mining (OSM) field office of the date and time of the joint DMLR/USFS inspection.

The Inspector shall immediately notify the OSM field office when the permit application involves lands with leased Federal coal or Federal surface over unleased Federal coal.

The Inspector shall review the permit, revision, or renewal application and compile a list of comments or concerns which the applicant or his consultant must address or correct prior to submitting the complete application to the DMLR office. (Note: Before the complete application can be submitted to the DMLR office for technical review, it must include the applicant’s responses to the comments or concerns raised during the Inspector’s initial review and the USFS’s review.)

After the Inspector has reviewed and initialed the complete application, he or she shall direct the applicant to submit the corrected copy to the DMLR office. The applicant shall also be directed to place a complete copy of the application at the site listed in the public notice (for public review and copying).

Since the USFS will have a copy of the original application, the Inspector shall also require the applicant to provide an electronic copy of any modifications or updates of the original application package.

The Inspector shall forward a copy of this and any future modifications and updates of the application submitted by the applicant to the USFS’s Norton, Virginia office.

The USFS will have 30 days to review and submit comments or concerns about the complete application to the DMLR.

If requested by OSM, the Review Inspector shall provide an electronic copy of the complete permit, revision, or renewal application from the applicant to OSM for review. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.11

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Operations on Federal Lands Section Reclamation Services (USFS - Federal Land Management Agency) Last Revised February 26, 2003 Determination of Lands Unsuitable for Mining -

The Field Inspector shall make the initial determination as to whether the proposed permit area would be deemed unsuitable for mining. The Inspector’s written determination shall be submitted to the Review Inspector.

After consultation with the Reclamation Services Manager and Reclamation Program Manager, the Review Inspector shall forward the unsuitable for mining information to OSM and request its final determination.

Technical Analysis and Written Findings -

The Review Inspector shall send a copy of all internal and external correspondence concerning the complete application (including comment letters) to the Resource Forester at the USFS’s Norton, Virginia office.

The Field Inspector shall review and initial all comments or responses received by and within the DMLR.

If the Forest Service submits comments, a joint review of all comments and responses shall be conducted by the Inspector and the USFS representative.

Final Conclusions -

The Review Inspector shall mail a draft copy of the DMLR’s final conclusions and written findings to the Norton USFS office. The USFS will be requested to submit any additional written comments or concerns to the DMLR within 15 days from its receipt of the DMLR’s findings. If the USFS does not submit a written objection to approving the application during this time period, the Review Inspector shall prepare the DMLR’s final conclusions and findings.

A copy of the written final conclusions and findings shall be sent by the Review Inspector to the applicant, OSM and the USFS.

Performance Bonds -

The performance bond shall be determined in accordance with Part 4 VAC 25-130-800. Permits on USFS lands are ineligible to participate in the Virginia Coal Surface Mining Reclamation Fund (Part 4 VAC 25-130-801).

The performance bond must be made payable to “DMLR and the United States”. The Review Inspector shall forward a copy of any future bond adjustments to OSM.

Inspections -

The Field Inspector shall:

  • inspect the permit per 4 VAC 25-130-840.11 of the regulations.
  • provide the OSM and USFS with a copy of each inspection report within 30 days of the permit inspection.
  • notify the USFS prior to making an onsite inspection. (This will give the USFS representative an opportunity to participate in the permit inspection.)

The Inspector shall accommodate an OSM request for a joint DMLR/OSM inspection of the permit site. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.11

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Operations on Federal Lands Section Reclamation Services (USFS - Federal Land Management Agency) Last Revised February 26, 2003 If the Inspector issues a NOV or CO to the permittee, a copy of the action shall be forwarded to the USFS within 5 days.

OSM may inspect and take enforcement action against a permittee on Federal lands without giving prior notice to or receiving concurrence from the DMLR. OSM is required to provide the DMLR a copy of the inspection report and enforcement action issued to the permittee within 15 days after its inspection of the operation.

Bond Release -

The DMLR must obtain concurrence from the USFS prior to granting bond release.

An application for bond release or reduction shall be handled per 4 VAC 25-130-800.40 and the Federal Lands Cooperative agreement. The Field Inspector shall coordinate the DMLR, USFS, and OSM bond release inspection.

The Division must receive the USFS’s written approval of the permittee’s bond release request, before the Division can release the applicable bond amount. After receipt of the USFS’s written concurrence, the Review Inspector shall prepare the necessary bond release notifications.

Bond Forfeiture - In the event bond forfeiture must be pursued, the DMLR shall follow Procedure #3.3.09.

The Reclamation Services Office Services Specialist shall send a copy of all correspondence concerning the forfeiture action to the OSM and USFS. Prior to finalization of bond forfeiture, the Reclamation Services Manager must obtain OSM’s written concurrence. This must be obtained following the Division Director’s approval of the initial “notice of intent to forfeit” the performance bond, but prior to notifying the permittee of the final forfeiture action.

DMLR Annual Report to OSM - The annual report shall cover the period of March 24th to March 23rd of the following year. The Reclamation Services Manager and technical and permitting supervisors shall prepare this report within 10 working days from the close of the report year.

Once the report has been drafted, a joint meeting to discuss the DMLR report among the OSM, USFS and DMLR shall be held. The meeting shall be held within 20 days from the close of the report year. Any problems or discrepancies identified at the meeting shall be addressed, corrected, and included in the final report. The final report shall be submitted to OSM and the USFS by May 1st.

Financial Status Report - Any financial status reports required under the cooperative agreement or State accounting procedures will be prepared by the Agency Management Analyst. The enforcement and technical staff shall provide assistance to the Agency Management Analyst, as requested.

Changes in DMLR Personnel and Organization - The Reclamation Services Manager shall notify OSM and the USFS of changes in inspector area assignments (including name, address, and phone number) and other key personnel as required by Article XV of the cooperative agreement. 3

Bond Release Procedures for Mined Land ReclamationDoc ID: DMLR-P-2309

Original: 1,225 words
Condensed: 962 words
Reduction: 21.5%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.09

PROCEDURES MANUAL ISSUE DATE August 2, 2005 SUBJECT Bond Release Section Technical/Permitting Last Revised 8/18/00

OBJECTIVE AND INTENT:

To ensure each application for partial or total bond release is reviewed by the Field Inspector and appropriate office personnel in a timely manner and in accordance with the regulatory requirements.

GENERAL:

A bond release application may be filed only at the time or season identified in the permit’s “Operation Plan”. It is preferred that vegetation release applications be submitted to the Division between April 15th and October 15th so the Division may properly evaluate the success of the reclamation operations.

The Inspector shall inform the permittee that the complete bond release application (DMLR-PT-212 with DMLR-PT-034E) and supporting information must be reviewed and initialed by the Inspector prior to its submittal to the Big Stone Gap office.

Types of Bond Releases:

(4 VAC 25-130-800.40)

Phase 1.

Up to 60% release for backfilling, regrading and drainage control on the entire permit or designated areas, if applicable.

Phase 2.

Revegetation release on the entire permit or designated areas, if applicable.

Reclamation standards and required growing seasons completed.

Phase 3.

Total release after reclamation requirements of the Act and the permit are fully met.

Third Party Responsibility:

Reclamation bonds on industrial, commercial, or residential areas of permits may be released under 4 VAC 25-130-800.13 (d)(2) prior to the five-year period of responsibility for revegetation under Parts 4 VAC 25-130-816 and 4 VAC 25-130-817, provided a demonstration is made that:

  • There has been compliance with all appropriate performance standards (e.g., the elimination of all highwalls);
  • The permittee has demonstrated that the implementation of the approved alternate postmining land use is beyond the control of the permittee;
  • The plans reflect the alternate postmining land use on the site;
  • Only the portions of the permit that are approved under the third party criteria (and not subject to the five year extended liability period) may be released; and 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.09

PROCEDURES MANUAL ISSUE DATE August 2, 2005 SUBJECT Bond Release Section Technical/Permitting Last Revised 8/18/00

  • The permittee has demonstrated that the proposed land use has been achieved (i.e., sufficient site construction is underway or completed to clearly establish the achievement of the land use).

PROCEDURES:

Field Review:

The Field Inspector shall:

  • review the bond release application1 for accuracy and completeness.
  • initial the bond release application and have his or her comments addressed by the permittee prior to the application’s submittal to the Big Stone Gap office.
  • retain a copy of the bond release application.
  • ensure the contents of the sample public notice are correct.
  • assign the publication number, and instruct the permittee to publish the public advertisement in a local newspaper of general circulation in the locality of the surface coal mining operation at least once a week for four consecutive weeks.
  • receive the application2 from the permittee and submit it to the Big Stone Gap office for public inspection by the first date of publication of the public notice.
  • schedule the bond release inspection and notify OSM, the surface owner, agent, or lessee of their right to participate in the inspection. The inspection shall be conducted within 30 days of receipt of the bond release application, or as soon thereafter as weather conditions permit.
  • ensure that the application (both pool and cost bond) contains an estimated cost for all remaining reclamation to be performed, in order to justify the amount of bond requested to be released. The estimated cost should include, but not be limited to, the cost of:
  1. reseeding ($125/acre or $10,000.00, whichever is greater, when this is the only item that applies).
  2. structure removal (ponds, buildings, roads, etc.).
  3. equipment removal.
  4. discharge(s) treatment.
  5. re-eliminating highwalls that have been re-exposed due to backfill settlement.
  6. mobilizing the equipment needed to perform reclamation.
  • recommend (by inspection report) whether or not the bond may be released. The inspection report will be forwarded to the Enforcement Secretary, who will route a copy to the Review Inspector. 1 Guidance Memorandum No. 7-03 describes the process of submitting an electronic bond reduction/release application. 2 For an electronic application – in addition to the electronic copy, a copy of the map(s), signature forms, and certification(s).

The permittee should provide 2 copies of a paper application. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.09

PROCEDURES MANUAL ISSUE DATE August 2, 2005 SUBJECT Bond Release Section Technical/Permitting Last Revised 8/18/00

  • review the notarized statement required by 4 VAC 25-130-800.40(a)(3).

Office Review:

Upon receipt of the bond release application, the permitting Office Services Specialist shall check for the Field Inspector’s initials, log, and route the material to the Review Inspector. The Review Inspector shall coordinate the review process by ensuring:

  • notification of receipt of the bond release application is sent within two days to the town, city or other municipality nearest to and the county in which the mining operation is located.
  • the application is routed within two days for any appropriate technical review.
  • the Field Inspector is notified of any deficiencies in the application.
  • any written comments (received within 30 days after the last date of publication of the advertisement of the bond release application) are forwarded to the appropriate DMLR personnel (by copy) and the original copies are placed in the appropriate permit files.

The Review Inspector will ensure that appropriate review is conducted within 10 days of permitting’s receipt of the application. For any bond reductions or adjustments request in excess of $200,000, the Review Inspector shall ensure the request is reviewed in detail by the:

  • Reclamation Program Manager for an operation participating in the Coal Surface Mining Reclamation Fund.
  • Environmental Engineer Consultant for an operation cost bonded.

Upon receipt of the Field Inspector’s recommendation to approve the application and the resolution of any public concerns (written comments or hearings), the Review Inspector will draft the decision document within 5 days from the close of the public comment period or hearing decision and process the application.

The Reclamation Program Manager shall notify the permittee and other interested persons of the DMLR’s decision (to approve or deny application) within 60 days of receipt of the complete application or 30 days from the public hearing (4 VAC 25-130-800.40(b)(2) and (d) and 4 VAC 25-130-801.17(d)(2)). The written decision shall include any necessary corrective actions and inform of the right of appeal. The decision will be based on the cumulative recommendations of the technical reviewers and the Field Inspector, following their respective evaluations of the application pursuant to bond release criteria.

If an administrative review hearing is requested, the written request shall be promptly forwarded to the Hearings Coordinator. The Hearings Coordinator shall schedule the appropriate hearing, and notify the Reclamation Services Manager, Reclamation Program Manager, Review Inspector, and other interested parties per the DMLR Administrative Hearings Manual.

Prior to releasing a cash or Certificate of Deposit performance bond, the permit Office Services 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.09

PROCEDURES MANUAL ISSUE DATE August 2, 2005

SUBJECT Bond Release Section Technical/Permitting Last Revised 8/18/00 Specialist shall check:

  1. with the Hearings Coordinator to determine if the permittee has any outstanding civil penalties, and
  2. the permit file’s face sheet for Notice(s) of Levy or Lien(s).

(The Division shall retain or disburse the bond moneys for outstanding debts as permitted or required by state or federal law.) 4

Field Approval Procedures for Mining PermitsDoc ID: DMM-P-410

Original: 1,122 words
Condensed: 844 words
Reduction: 24.8%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.10.00 PROCEDURES MANUAL ISSUE DATE 01/08/96 SUBJECT Field Approval Section Permitting Last Revised

OBJECTIVE AND INTENT:

To facilitate the issuance of mining permits/licenses and revisions the following policy has been developed to allow enforcement staff to grant a "field approval."

PROCEDURES:

Permit Applications

Permit or repermit applications that meet the following criteria may be field approved:

  1. All drainage is contained in the pit or only sediment traps with drainage areas less than 5 acres are utilized.
  1. Maximum permit acreage is 50 acres or less.
  1. No homes, not owned by the operator, are closer than 500 feet to the proposed mine pit area.
  1. There are no requests for a public hearing.
  1. The proposed mine is not within one mile of a public water supply (well or reservoir) in the same watershed.
  1. There are no current or previous environmental problems associated with the mine.
  1. No special permits (such as VMRC, Corps of Engineers, or DEQ-Waste permits) are required by other agencies.
  1. No overburden or tailings disposal facilities will be constructed except that overburden may be used to create berms as long as the berms are constructed on slopes not exceeding 18 degrees or 33 percent (3:1).
  1. There are no proposed underground workings.

Parts of Permit Applications which cannot be fully field approved (do not meet the 9 criteria above) may be field approved as follows (refer to DMM Application Checklist - DMM-148):

  • Part 1.1 Application Operation Plan (DMM-101)
  • Part 1.2 Permit Notifications
  • Part 1.3 Permit Sign
  • Part 1.4 Relinquishment
  • Part 4.1 Post Mining Land Use
  • Part 4.2 Backfilling and Regrading
  • Part 4.3 Revegetation
  1. 10-1 DIVISION OF MINERAL MINING PROCEDURE NO. 4.10.00 PROCEDURES MANUAL ISSUE DATE 01/08/96 SUBJECT Field Approval Section Permitting Last Revised

Amendments

  • Temporary cessation
  • Mine site disposal of on site generated wastes
  • Requests to bring off site generated inert materials onto the mine site for use or recycling
  • Changes to post mining land use
  • License application/renewal updates, DMM contact person, changes in address, corporate officer changes not involving change in ownership
  • Minor sediment control modifications not affecting drainage areas larger than 5 acres (sediment traps)
  • Forestry management or other agricultural activities on the mine permit
  • Bond release or reduction - Mine Inspector to check the approve or deny box on the Bond Release Inspection
  • Amendments to add to permit or bonded acreage - only those that meet constraints for Permit Field Approval or for other permits as long as amendment acreage does not exceed 20% of the total permitted acreage.

The field approval procedures are as follows:

  1. The operator or their engineer prepares the permit/license document and addresses all issues in accordance with the DMM Application Checklist and the Mineral Mining Laws and Regulations.
  1. The Mine Inspector reviews the permit/license document to determine if it is complete and addresses all applicable standards. This review is conducted within 30 days after receipt by the Mine Inspector and tracked in the DMM application tracking system.

After the Mine Inspector determines that the documents are complete and satisfies the applicable standards, they will determine if the application is subject to field approval. If it is not, the operator will forward the document to the DMM office for review. When the document is subject to field approval, the Mine Inspector will conduct a field review and indicate written approval of the permit/license documents.

The Mine Inspector forwards the field approved documents to the appropriate DMM staff person as indicated in the attached Field Approval Table.

  1. The DMM staff person receiving the field approved permit/license document will signify his final approval in writing or return the documents to the site Mine Inspector to collect additional information. Any returns to the operator will be in writing and specify deficiencies or additional information required.

When final approval is granted the permit becomes effective upon receipt of the final approval signature unless fees are to be collected. All field approved permit/license documents which require fees become effective upon receipt of appropriate fees and bond.

  1. 10-2 DIVISION OF MINERAL MINING PROCEDURE NO. 4.10.00 PROCEDURES MANUAL ISSUE DATE 01/08/96 SUBJECT Field Approval Section Permitting Last Revised
  1. On field approved items received by the Mine Inspector Supervisor when fees are not required, the Mine Inspector Supervisor may choose to distribute the approved documents. He will mail one copy to the Mine Inspector, a copy of the approval will also be mailed to the Program Support Technician for necessary data entry and filing in the permit record. The Program Support Technician copy will have a note to indicate that the materials have already been distributed. A copy of the approved Amendment form will be mailed to the operator to signify approval.
  1. All aspects of field approval will be conducted according to guidelines in the Field Approval Table (see page 4.10-4).

The Mine Inspector will signify field approval for permits or parts thereof by using the DMM Application Checklist. For a full permit approval, the approval will be written in the comment area on the first page of the DMM Application Checklist.

For partial field approval of permits, the approval of the individual sections will be written into the comment block of the checklist form adjacent to the item being approved.

For amendments the Mine Inspector will note that he has granted field approval by making a statement to that effect in the comment areas of the Amendment form.

All field approvals will be signified by using the term "field approval" and will be signed or initialed and dated by the approver.

  1. 10-3 DIVISION OF MINERAL MINING PROCEDURE NO. 4.10.00 PROCEDURES MANUAL ISSUE DATE 01/08/96 SUBJECT Field Approval Section Permitting Last Revised

FIELD APPROVAL TABLE

Mine Environmental Program Inspector Engineer Support Inspector Supervisor Consultant Technician

Permit or Repermit Applications 30 days 21 days 4 days 4 days Parts of Permit Applications 30 days 21 days 8 days Permit Transfer 15 days 10 days 5 days Temporary Cessation 30 days 15 days 2 days Mine site disposal of on site generated waste 30 days 15 days 2 days Mine site use or recycling of off site generated inert wastes 30 days 15 days 2 days Change of Post Mining Land Use 30 days 15 days 2 days License Application/renewal updates, DMM contact person, change of address, corporate officer changes not involving change in ownership 30 days 8 days Sediment control modification not affecting drainage areas larger than 5 acres 30 days 15 days 2 days 2 days Forestry management or other agricultural activities at the mine 30 days 15 days 2 days Bond Release or Reduction – Mine inspector to check the approve or deny box 60 days 15 days 2 days Amendments to add permitted or bonded acreage (within guidelines) 30 days 15 days 2 days 6 days

  1. 10-4

Mine Map Submission and Review ProceduresDoc ID: DM-P-10602

Original: 863 words
Condensed: 737 words
Reduction: 14.6%

DIVISION OF MINES

CHAPTER: VI Operator Assistance

PROCEDURES MANUAL

PROCEDURE NO: 1.06.02

ISSUE DATE: January 1, 1997 SUBJECT: Map Submittals

LAST REVISED: 10/00

OBJECTIVE AND INTENT

To provide accurate and complete mapping as required by the Mine Safety Act and to ensure a permanent record of such mapping in order to enhance miner and public safety.

GENERAL

  1. Maps may be submitted to the Keen Mountain Office, the Big Stone Gap DM office or the client Assistance Center in Big Stone Gap.
  1. The Division of Mines will simultaneously review maps with MSHA where this procedure is applicable.
  1. Interested persons (Operator, UMWA, MSHA, etc.) may request conferences regarding maps, if they desire.

PROCEDURE

1. UNDERGROUND MAPS: REQUIREMENTS

 Mine maps are required prior to commencing mining activity and at intervals not to exceed 12 months.

 The operator must submit three copies of an up-to-date, accurate mine map.

 The annual map must include: a. Scale between 100 ft. and 400 ft. to 1 inch. b. Mine name, company name, and mine index number at or near the portal. c. Legend and symbols used. d. Delineate active and worked out areas of the mine. e. Mining projections for at least 12 months. f. Location of gas wells, vertical ventilation holes and all known drill holes. g. Adjacent mine workings within 1000 ft. of the mine property.Overlying and underlying mine workings with interburden and/or elevations (prefer same scale as submitted maps). h. Impoundments of water in overlying mine workings and on the surface.

1-3 i. Direction of air current and quantity of air current at the following locations: (1) entering and leaving each split; (2) in the last open crosscut of each set of entries and rooms; (3) at the intake end of each set of entries and rooms; and (4) at the intake end of each pillar line, including any longwall or shortwall. k. All mine fans and ventilation controls, except temporary controls on working sections. l. Escapeways, primary and secondary. m. Property lines and outcrop within 1000 ft. of any part of the mine workings. n. Elevations and contour lines (shown at each 10 ft. elevation interval). o. Name of person responsible for information on the map. p. Certified by a registered engineer or registered surveyor. q. The Chief may require other information to be included on mine maps.

 If there have been no changes in the information required for the annual map submittal as outlined above, then the operator must notify the Division of Mines in writing.

 After the mine maps have been reviewed and approved: a. The Office Services Specialist for Operator Assistance will complete an approval letter. b. One copy of the map will be stamped approved and returned to the operator with the approval letter. c. One copy will be filed in the Operator Assistance Section on the first floor of the DMME building in Big Stone Gap. d. One copy will be filed in the inspector’s files at Big Stone Gap or in the Keen Mountain Field Office.

2. SURFACE MINE MAPS: REQUIREMENTS

 Operators of surface mines must submit a copy of an up-to-date accurate mine map at intervals not to exceed 12 months if the mine intersects underground workings or workings from auger, thin seam, or highwall mining operations.

 The annual map must include: a. Scale of 100 ft. to 400 ft. per inch. b. Mine name, company name, and mine index number. c. Legend and symbols used. d. Delineate active and worked out areas of the mine. e. Mining projections for at least 12 months Rv. 10/00

2-3 f. The location of underground workings, or workings from auger, thin seam, or highwall mining operations which may be intersected. g. Certified by registered engineer or registered surveyor. h. Such other information related to surface activities as deemed necessary by the Chief.

 If the surface coal mine does not meet the criteria for submitting a map, written notification of this shall be forwarded to the Chief.

3. MINE MAPS (FURNISHING COPIES)

 Copies of active mine maps will be made available at a reasonable cost to all persons owning, leasing, or residing on or having an equitable interest in surface areas of coal or mineral interests within 1,000 ft. of such mining operation upon written proof to the Director and upon sworn affidavit that such persons requesting a map has a legal or equitable interest.

 Persons requesting copies of mine maps must complete the “Request For Release of Mine Map” form available at the Client Assistance Center in Big Stone Gap.

 Only such portion of the map which abuts or is contiguous to the property in which such requesting party has a legal or equitable interest will be furnished.

 Copies of active mine maps will be made available at a reasonable cost to any party with the permission of the operator.

4. MINE MAPS (PERMANENT RECORD)

 Once a mine is abandoned and a final map is submitted, the final map is placed on microfilm for permanent record. The microfilm can be viewed and printed upon request in accordance with provision of 45.1-161.64 C and F.

Some charges may apply.

3-3

Application Review Timeframes for Mining PermitsDoc ID: DMLR-M-13-86

Original: 130 words
Condensed: 124 words
Reduction: 4.6%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 13-86

Application Processing Time Limit (issued 12/18/86, updated 10/1/01)

§4 VAC 25-130-774.13(b)(1) of the regulations requires the Division to establish a time period for its review and approval/disapproval of a revision application. The time period has been set as 12 months from the date of initial submittal.

The Division will administratively deny revision applications that have been submitted in excess of 12 months (with no recent action on the permittee’s part). This denial does not prevent the permittee from updating the application package and submitting it as a new revision application.

Applications for new permits will be acted upon (approval or disapproval) within 18 months from the date of submittal.

Mining Accident Reporting ProceduresDoc ID: DMM-P-56

Original: 617 words
Condensed: 346 words
Reduction: 43.9%

DIVISION OF MINERAL MINING PROCEDURE NO. 5.6.00 PROCEDURE MANUAL ISSUE DATE 9/12/2002 SUBJECT Accident Reports and Posting Section Training & Certification Last Revised

OBJECTIVE AND INTENT:

To establish procedures for receiving accident reports from mining companies and mine contractors, and entering this information into the computerized Mineral Mining System for record keeping purposes.

PROCEDURES:

Medical Treatment/Lost Time Accidents

  • Mine companies are required to submit accident reports to DMM as soon as possible after an accident occurs and an accident report is compiled.
  • The Office Service Specialist shall enter accident data into the DMM Accident Subsystem. The system shall automatically assign a sequential number to each report.
  • Once the data is entered into the system, the original report shall be forwarded to the Safety Engineer for review and filing. After 2 years the reports may be discarded.
  • The Safety Engineer may publish and/or distribute periodic reports relating to accident data and/or simply make industry and the DMM staff aware of the electronic availability of such information and how it can be accessed.

Serious/Fatal Accidents

  • When serious injuries or fatal accidents are reported (initially called in) to DMM. The staff member receiving the initial report shall contact the assigned area Mine Inspector, and an investigation of the accident shall be initiated.
  • Notice of the accident with any known preliminary information, shall be distributed by e-mail to the Division Director, DMM staff, and the Public Relations Coordinator by the person receiving the initial accident notice. Timely follow-up reports/emails by the mine inspector or mine inspector supervisor with any additional information on the status of the case is also expected after the initial accident investigation has been conducted.
  • When it is determined that a case represents a “serious accident”, a complete investigation shall be conducted by the Mine Inspector, and an Investigation Report (DMM-104) shall be prepared and submitted to an assigned Investigation Committee for review, to evaluate the consistency of accident information/details and appropriateness/applicability of notice of violations (NOVs) that were issued. (The report should include a one-paragraph abstract followed by an introduction, the investigative findings, recommendations, enforcement actions, and a distribution list.) The Investigation Committee shall consist of the investigating Mine Inspector, the appropriate Mine Inspector Supervisor, and one Mine Inspector from the other district.
  1. 6-1DIVISION OF MINERAL MINING PROCEDURE NO. 5.6.00 PROCEDURE MANUAL ISSUE DATE 9/12/2002 SUBJECT Accident Reports and Posting Section Training & Certification Last Revised
  • After the Investigation Committee’s review and their recommendations are addressed, the report shall be submitted to the Executive Secretary for appropriate distribution to those listed to receive a copy. (Distribution shall include a copy to the Safety Engineer’s Office, so that the accident data may be enter into the DMM Accident System). The original copy shall be provided to the Program Support Technician (Permitting) for filing in the mine permit file.
  • When an accident results in a fatality, the Mine Inspector shall complete an investigation and prepare an Accident Investigation Report following the same procedures outlined above (for Serious Injuries). .
  • Internally, Fatal Accident Investigation Reports shall be reviewed by the Mineral Mining Engineer and the Safety Engineer and proofread for content, consistency, and completeness. Recommended corrections, changes, or additional information shall be forwarded to the investigator (author of the report), who shall review and incorporate appropriate/applicable changes to the report. The final draft of the report shall be forwarded to the Division Director for review, and upon his approval, the Executive Secretary shall distribute copies to the listed recipients. (The Safety Engineer shall be included in the distribution, so that the data may be entered in the Mineral Mining System). The original copy shall be provided to the Program Support Technician (Permitting) for filing in the mine permit file.
  1. 6-2

Virginia Coal Mine Bond Reduction GuideDoc ID: DMLR-G-BOND

Original: 7,560 words
Condensed: 6,621 words
Reduction: 12.4%

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8100

VIRGINIA COAL SURFACE MINING AND RECLAMATION

PERMANENT REGULATORY PROGRAM

A GUIDE TO BOND REDUCTION/RELEASE

TABLE OF CONTENTS

General Bond Release Requirements

For Both Cost and Pool Bonding

Page 2

Liability Period

Page 3

Bond Release Procedures

Page 4

  • Cost Estimate Bond Page 4
  • Pool Bond Fund Page 5
  • Bond Release for Pollution Abatement Areas Page 6

Vegetative Survey

Page 8

Application for Bond Reduction/Release

Page 10

Public Participation

Page 12

Forms:

Vegetative Survey Form

(Line Transect-Forest Land Count DMLR-PT-224)

Page 14 Analysis - Premining vs. Postmining

Productivity Comparison (DMLR-PT-012)

Page 16 Application for Performance Bond Release (DMLR-PT-212)

Page 18

Example Public Notices:

Publication for Cost Estimate, Phase I

Page 20 Publication for Cost Estimate, Phase II

Page 21 Publication for Cost Estimate, Phase III

Page 22 Publication for Pool Bonding, Incremental Bond Reduction

Page 23 Publication for Pool Bonding, Entire Permit Bond Reduction

Page 24 Publication for Pool Bonding, Entire Permit Bond Release

Page 25 Page 1 Rev. January 2003 Division of Mined Land Reclamation A Guide to Bond Reduction/Release

GENERAL BOND RELEASE REQUIREMENTS FOR BOTH

COST AND POOL BONDING

In order to conduct coal surface mining and reclamation operations in Virginia, a company must submit a comprehensive permit application package that sets forth the company’s proposed mining and reclamation plans.

The application must be reviewed and approved by the Department of Mines, Minerals and Energy’s Division of Mined Land Reclamation.

In addition to the proposed mining and reclamation operations plans, the application package also includes a section that addresses the company’s preferred performance bonding method1. Under the “Virginia Coal Surface Mining Control and Reclamation Act of 1979”, as amended, the company may choose one of two bonding methods:

Cost estimate2 - the company would post a performance bond that would be equivalent to the actual reclamation cost that would be needed to reclaim the disturbed areas of the permit.

Coal Surface Mining Reclamation Fund3 (also known as the “Pool Bond” fund) - if the company is eligible to enter the Pool Bond fund, the company would post a bond which is usually less than that calculated under the “cost estimate” method. The proceeds of Pool Bond fund4, would serve to support the permittee’s bond in the event bond forfeiture occurred.

The cost estimate bond and Pool Bond fund have somewhat different approaches to bond release. However, both methods share some common requirements, such as:

  • a required bond liability period,
  • the need for vegetative survey(s) to document revegetation success,
  • the submittal of the bond release application, and
  • the opportunity for public participation in the bond release process.

1 Each permit requires a performance bond of sufficient amount so as to ensure the Commonwealth has adequate funds to reclaim the permit area in the event the permit holder fails or is unable to fulfill the reclamation obligations of the permit. 2 See Part 4 VAC 25-130-800 of the Virginia Coal Surface Mining Reclamation Regulations and 45.1-241 of the Code of Virginia. 3 See Part 4 VAC 25-130-801 of the Virginia Coal Surface Mining Reclamation Regulations and 45.1-270.1 et seq., of the Code of Virginia. 4 The Pool Bond fund receives entrance and renewal fees from participants and reclamation taxes required under 45.1-270.4 of the Code of Virginia. The reclamation taxes are not assessed when the fund balance exceeds $1,750,000.

Page 2 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

The following information identifies and explains the bond release procedures that are common to both methods. However, before starting, the following terms need defining:

“Ground cover” means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on-site, expressed as a percentage of the total area of ground.

“Growing season” means the period of year when climatic conditions are favorable for plant growth, common to a place or area. The period between April 15 and October 15 is the normal growing season.

“Remining” means conducting surface coal mining and reclamation operations which affect previously mined areas.

“Previously mined area” means land affected by a surface coal mining operation prior to August 3, 1977, that has not been reclaimed to the standards of this chapter.

LIABILITY PERIOD

Each coal surface mining and reclamation permit requires a period of extended responsibility or “liability period” to ensure revegetation efforts meet the approved plans requirements. The liability period begins after the last year of augmented seeding, fertilizing, irrigation, or tree planting or other work (excluding select husbandry practices that are approved by the Division), or once the postmining land use is implemented. If an area is seeded in the spring, but trees are not planted until the following spring, the liability period would not commence until the date the trees were planted. The liability period could be extended if the vegetation, tree count, or productivity set forth in the approved reclamation plan falls below the minimum standards. Additional reclamation work may be required to meet the postmining land use standards. Depending on the extent of augmenting seeding or tree planting required, the liability period could begin anew once the necessary work was completed.

The liability period lasts 2 years for remining permits (4 VAC 25-130-816.116 (c)(2)(ii) and 4 VAC 25-130-817.116(c)(2)(ii) and a minimum of 5 years for all others.

In order to be classified as a remining site, the permit application must demonstrate that the disturbed area was mined prior to August 3, 1977. Revegetation of the areas previously disturbed must have, as a minimum, a vegetative ground cover that is equal to the pre-remining ground cover and be adequate to control erosion.

The permit application must include a pre-mining vegetation survey that demonstrates the ground cover before remining. If the company chooses not to submit the pre-mining survey, the vegetation standards set under Section 4 VAC 25-130-816.116 or 4 VAC 25-130-817.116 of the regulations will apply.

During the liability period, the permittee is required to maintain the performance standards applicable to the approved postmining land use. Implementing the postmining land use as soon as Page 3 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

possible and monitoring the land use success would minimize the likelihood of an extension of the liability period.

Third Party Responsibility: Reclamation bonds on industrial, commercial, or residential areas of permits may be released under 4 VAC 25-130-800.13 (d)(2) prior to the five-year period of responsibility for revegetation under Parts 4 VAC 25-130-816 and 4 VAC 25-130-817, provided a demonstration is made that:

  • There has been compliance with all applicable performance standards;
  • The implementation of the approved alternate postmining land use is beyond the control of the permittee;
  • The plans accurately reflect the alternate postmining land use on the site;
  • Only the portions of the permit that are approved under the third party criteria may be released; and
  • The proposed land use has been achieved.

BOND RELEASE PROCEDURES

Cost Estimate Bonding: The permittee may file an application for total or partial bond release after the required reclamation, restoration, and abatement work has been completed on the subject area (which may be the entire permit area or increment(s)).

Bond release on specific areas of the permit may be considered if the permittee’s approved plans:

  • calculated the bond for the areas, and
  • such amount was posted with the Division.

The permittee may submit an application for a Phase I, II, or III release of bond for the entire permit or increment(s). The permittee does not have to request a Phase I or II bond reduction before requesting a Phase III release.

Phase I After completion of the required backfilling, regrading (which may include the replacement of topsoil depending upon the weather), and drainage control of the subject area, up to 60% percent of the bond or collateral for the area may be released. However, the minimum bond of not less than $10,000 must be retained through Phase II.

Requesting a Phase I release is at the option of the permittee.

Phase II After 2 growing seasons and the required re-establishment of vegetation on the regraded mine lands, an additional amount of bond may be released. The Division must ensure that any reduction will leave a sufficient amount to cover any remaining reclamation work, such as structure removal, grouting of wells, and so forth. For future revegetation costs the Division requires an amount of $125 for each disturbed acre or $10,000, whichever is greater.

Page 4 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

A vegetative survey should be conducted by the permittee at this time to serve as a record to determine if the standards of success are being met during the applicable liability period. The information obtained from the survey would alert the permittee if replanting of the woody plants (20%) and follow-up seeding are necessary to avoid an extension of the liability period.

The permittee could request a phase II reduction without first requesting a phase I release.

Phase III Once the permittee has successfully implemented the reclamation plan and met the applicable liability obligation, an application for the release of the remaining bond may be submitted to the Division. The bond may not be fully released until the reclamation requirements of the Act and the permit have been fully met.

The permittee’s bond release application must include a final vegetative survey to document that the standards of success have been and are being met.

Pool Bond Fund: The permittee may file a bond release application for total or partial bond release for those areas which have been reclaimed and vegetated as required by the approved postmining land use plan. Once the postmining land use has been established, a minimum of 12 months must have elapsed before the Division can determine whether vegetation has become adequately established pursuant to the approved postmining land use.

Reduction #1 After 12 months have elapsed, from establishment of the postmining land use, the permittee may request a reduction up to 60 percent of the bond or collateral for the area.

Reduction #2 After the second full growing season, the permittee may request an additional reduction of bond to an amount which is not less than the minimum amount required under 45.1-241 of the Code of Virginia ($10,000).

After Liability Once the permittee has successfully implemented the reclamation plan and met Period Met the liability obligation, an application for the release of the remaining bond may be submitted to the Division. The bond may not be fully released until the reclamation requirements of the Act and the permit have been fully met.

The permittee’s bond release application must include a final vegetative survey to document that the standards of success have been and are being met.

For incremental bonding permits, the permittee may request that the bond eligible for release be moved forward to apply to other increments.

Page 5 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Bond Release for Pollution Abatement Areas: Virginia’s regulations include requirements for pre-existing pollutional discharges. Section 4 VAC 25-130-825.14, “Criteria and Schedule for Release of Bonds on Pollution Abatement Areas”, addresses certain bond release requirements, and applies to both cost bond and Pool Bond fund permits.

This regulation allows bond release or reductions on pollution abatement areas to occur independently of the release requirements for the other areas of the permit. Besides establishing a productive postmining land use, the permittee is also required to improve or maintain the existing pollution load without chemical treatment. The sequence and requirements of each reduction:

FIRST Up to 50% of the bond on the pollution abatement area can be released REDUCTION provided:

1) The surface coal mining activities were conducted in accordance with the approved plans.

2) The permittee has satisfactorily completed backfilling, regrading, and drainage control as required by the approved plans.

3) The permittee has properly implemented the pollution abatement plan.

4) The permittee has not caused degradation of the baseline pollution load.

This will be evaluated for the period of time running from a minimum of 6 months prior to the submittal of the bond reduction application through the Division’s review of the application. The evaluation will use the results of the ground and surface water monitoring conducted by the permittee or the Division.

5) The permittee has not caused or contributed to additional surface water pollution by reaffecting or mining the pollution abatement areas.

SECOND Up to 35% of the remaining bond amount for the pollution abatement area can REDUCTION be released, provided:

1) The permittee has replaced the topsoil or topsoil substitute, completed final grading, planting and established revegetation under the approved reclamation plan. If the area is “cost estimate” bonded, 2 growing seasons are required in order to establish vegetation. However, a permit bonded under the Pool Bond fund requires only one year or one growing season.

The determination concerning the establishment of vegetation is contingent upon the vegetative survey results or the area’s productivity.

2) The permittee has not caused or contributed to additional surface water pollution by reaffecting or mining the pollution abatement area.

3) The permittee has either:

Page 6 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

a) Achieved the actual improvement of the baseline pollution load as described in the approved abatement plan, and shown by all ground and surface water monitoring conducted by the permittee or the Division (for the period of time provided in the abatement plan after completion of backfilling, final grading, drainage control, topsoiling, and establishment of revegetation have been completed) or:

b) Achieved all of the following -i. Has not caused degradation of the baseline pollution load as shown by all ground and surface water monitoring conducted by the permittee or the Division for a period of 12 months from the discontinuance of chemical treatment, if backfilling, final grading, drainage control, topsoiling, and establishment of revegetation have been completed;

ii. Conducted all measures in accordance with the approved abatement plan and any additional measures specified by the Division in writing at the time of the first reduction;

iii. Caused aesthetic or other environmental improvements or the elimination of public health and safety problems by remining and reaffecting the pollution abatement area; and,

iv. Stabilized the pollution abatement area.

FINAL The remainder of the bond may be released provided:

RELEASE 1) The permittee has successfully completed all the approved abatement and reclamation plans, and the abatement area is capable of supporting the postmining land use;

2) The permittee has complied with the permit requirements;

3) The permittee has not caused the degradation of the baseline pollution load from the time of the previous bond release; and,

4) The permittee has not caused the degradation of the baseline pollution load for a period of 5 years from the discontinuance of chemical treatment. Please note, the reinitiation of chemical treatment for the loading based limits would restart the 5 year liability period.

The administrative procedures, bond reduction/release applications, public notices, and reporting forms common to cost estimate bond and Pool Bond fund permits, as previously described, are also relevant to bond release on pollution abatement areas.

Page 7 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

In addition to the information provided by the bond release application form, the Division will also require necessary water monitoring data for the pollution abatement areas that are subject to the bond release request.

VEGETATIVE SURVEY

The vegetative survey must be completed for Phase II and III bond reduction requests.

The vegetative survey measures certain success standards, which must be achieved and maintained throughout the applicable liability period. If the standards are not met, then the area would not qualify for a bond reduction or release.

Examples of the success standards affiliated with forest and hayland/pasture land use are provided below, along with their relationship to bond release. The 90% ground cover is common to both the forest and hayland land uses. Except for areas that were remined, the vegetative ground cover must be:

  • not less than the ground cover existing before redisturbance, and
  • adequate to control erosion.

Success Standards After Implementation of Post Mine Land Use Success Standards for Remining Areas: For a forestry land use, the trees do not have to achieve the one foot height limit to be eligible for release. Ground cover to control erosion will be established at 90% similar to other mining areas and trees or shrubs at an average of 400 per acre as outlined in 4 VAC 25-130-816.116 and 4 VAC 25-130-817.116.

The applicant may elect to have an existing reference area that shows the tree or shrub count using approved transect methods outlined in other sections of this guide. If the success standard on the reference area is less than the standard outlined in 4 VAC 25-130-816.116 and 4 VAC 25-130-817.116, then these numbers will be the stocking rate for trees or shrubs on the remining area.

Unmanaged Forest: (for uses other than commercial forest land, such as areas where woody plants are used for wildlife management, recreation, or shelter belts.)

Year 1: There must be a minimum of 90% ground cover and an average of 400 woody plants per acre (90% of the success standard), which includes at least 40 wildlife food-producing shrubs, which may be distributed or clustered. The trees do not have to be a foot tall at this time.

Year 2 or There must be a minimum of 90% ground cover and an average of 400 woody growing plants per acre (90% of the success standard). The trees again do not have to be season #2: a foot tall at this time.

Page 8 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Success Standards After Implementation of Post Mine Land Use

  • Participants of the Pool Bond fund may request their bond be reduced to below the minimum after the second growing season, as provided by 4 VAC 25-130-801.12(b).
  • Participants of the cost bond may request their bond be reduced to the minimum after the second growing season.

Years 3, 4, 5: There must be a minimum of 90% ground cover and an average of 400 woody plants per acre (90% of the success standard), and 80% of the trees must have been in place at least 3 years. All trees must be at least one foot tall for the last year.

Commercial Forest: The establishment of commercial forest requires the same success standards as for unmanaged forest (90% of the success standard), except:

a) The areas must have a minimum stocking of 400 trees per acre.

b) All countable trees must be commercial species and be well distributed over each acre stocked.

c) Additionally, the area must have at least 40 wildlife food-producing shrubs per acre, which may be distributed or clustered.

Hayland / Pasture:

Year 1: There must be a minimum 90% ground cover and an acceptable measure of the land’s productivity. Productivity can be measured through the dry unit weight procedure, the number of hay bales produced, or the animal unit months of grazing the permit can support. Meeting these standards would allow a bond reduction after 12 months, if the permit is bonded through the Pool Bond fund.

Year 2, or There must be a minimum 90% ground cover and an acceptable measure of the growing land’s productivity. season #2: • Participants of the Pool Bond fund may request their bond be reduced to below the minimum after the second growing season, as provided by 4 VAC 25-130-801.12(b).

  • Participants of the cost bond may request their bond be reduced to the minimum after the second growing season.

Years 3, 4, 5: There must be a minimum 90% ground cover and an acceptable level of productivity. Maintaining these standards for any 2 years after the first year allows the permittee to submit a request for final bond release. The permittee must conduct one vegetative survey and submit the “Analysis - Premining vs.

Postmining Productivity Comparison” form (DMLR-PT-012) for each of the 2 years for which he is demonstrating the approved success standards. The “Line Transect-Forest Land Count” form (DMLR-PT-224) must also accompany the bond release application for hayland/pasture postmining land use.

Conducting a Vegetative Survey: Page 9 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

The permittee must randomly establish survey lines and then randomly identify sample points from these lines. The number of sample points selected depends on the permit’s size. For small permits (5 acres or less), 50 plots are acceptable. For all other permits (greater than 5acres), 100 to 200 plots are recommended.

After selecting the number of points, the operator should then divide this number into the total amount of feet contained in the survey lines to determine the number of feet between sample points. Once the number of points and distance between them is established, the operator can proceed with the vegetative survey by using the “cross-wire sighting tube”, and if trees are counted, a “mil-acre plot stick”.

In using the cross-wire sighting tube, the operator places the tube on the sample points, and if living vegetation is identified, the point is documented as a + on the tally sheet. Seventy-four plusses5 from 100 points would be acceptable ground cover. The mil-acre plot stick is placed at a right angle to the cross-wire sighting tube and moved in a circular motion to locate any living trees. Only 2 trees can be counted in this plot since only 2 trees with 4-foot centers can be located in a mil-acre plot.

Detailed instructions, mathematical equations, and a tally sheet are provided on the Vegetative Survey form (DMLR-PT-224). The form will be required for each request for partial or total bond release (except for a phase I reduction of a “cost estimate” bond). Additional surveys are left to the permittee’s discretion. The chances of extending the permit’s liability period are reduced by increasing the number of surveys, since the information can identify areas where corrective action is needed.

APPLICATION FOR BOND REDUCTION/RELEASE

An application for bond reduction or release, except for a Phase I reduction under a cost estimate bond, should be submitted to the Division between April 15th and October 15th. The application request must include the following:

1) “Application for Performance Bond Release” form DMLR-PT-212

2) Copies of all available seeding and reseeding reports

3) The “Line Transect-Forest Land Count” form(s) (DMLR-PT-224) and “Analysis -Premining vs. Postmining Productivity Comparison” form(s) (DMLR-PT-012), if applicable.

4) Copy of the letters to:

a) adjoining property owners

5 Measurement of Plant Cover to Evaluate Revegetation Success: J. V. Raelson and G. W. McKee January 1982 Agronomy Series 67 Page 10 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

b) surface owners

c) planning agencies

d) *local government bodies

e) *sewage and water treatment facilities or water companies

  • The relationship between the coal field counties, sewage and water treatment authorities, and the water companies located within the counties is specific for each county. Therefore, notification of the counties, the applicable sewage and water treatment facilities, and water companies must be handled in accordance with the relationship approved within each county. Use the following as a guideline to comply with this requirement:

Wise, Tazewell, Russell and Scott Counties: The sewage and water treatment facilities and water companies located in these counties are independent entities from the county governments. Therefore, separate letters of notification should be sent to the county administrator/board of supervisors and the applicable sewage and water treatment facilities and water companies.

Buchanan, Dickenson and Lee Counties: The county administrator acts on behalf of the sewage and water treatment facilities and water companies in these counties. Therefore, one letter of notification should be sent to the county administrator/board of supervisors. The letter should also be addressed to the applicable sewage and water treatment facilities and water companies in order to document proper notice.

5) Maps, unless the request concerns the entire permit area.

6) Public Notice (see Example public notices)

a) Cost Estimate - public notice requirements may vary for each phase and increment.

b) Reclamation Fund - incremental, entire permit reduction, and entire permit release have different public notices.

c) Proof of Publication - must be submitted within 30 days after filing the application.

7) Vegetative survey or other data supporting the bond release request.

8) Water monitoring data, if the request pertains to a pollution abatement area.

Page 11 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

9) Certification by notarized statement that all applicable reclamation requirements per the approved plans have been accomplished.

Before submitting the bond reduction/release application to the DMLR office, the permittee must have the field inspector review and initial the materials. The field inspector will determine if the application contains all applicable materials. The inspector will then notify the permittee to proceed with publishing the required public notice.

The permittee will then submit the bond reduction/release application to the Division’s Permit Section. The Permit Review Inspector will route the application to the Division’s agronomy section and other applicable reviewers.

Once informed that the application has been submitted to the Division’s Big Stone Gap office, the field inspector will:

  • schedule an on-site inspection date to evaluate the reclamation work, and
  • notify the surface land owners of the permit area, their agent, or lessee(s), and OSM of such date.

PUBLIC PARTICIPATION

During the bond reduction/release process, the permittee is required by regulation to notify the public of the intention to seek total or partial bond release. The public participation process is initiated once the permittee publishes notice in the local newspaper of the intent to apply for bond reduction or release.

By the first date of publication of the public notice, the permittee must file a copy of the bond reduction/release application for public inspection at the Division’s Big Stone Gap office.

The public notice must be published once a week for 4 consecutive weeks.

The public will have from the initial publication up to 30 days after the last publication date to submit written comments, objections, or requests for public hearings or informal conferences on the application to the Division.

The Division’s Review Inspector shall notify in writing (by certified mail) the -

  • permittee within 60 days of receipt of the complete application (must include proof of publication), or 30 days from a public hearing6, of the decision to approve or disapprove the bond reduction/release application. The notice shall identify whether any additional information or corrective action(s) are necessary, and shall inform the permittee of the process to seek administrative review of the agency’s decision.
  • town, city or other municipality nearest the operation, and the county in which the mining operation is located. This notification shall be made at least 30 days prior to the release of all or a portion of the bond.

6 See 4 VAC 25-130-800.40(f) and 4 VAC 25-130-801.17(f) of the regulations.

Page 12 Rev. January 2003 Division of Mined Land Reclamation A Guide to Bond Reduction/Release

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8100

LINE TRANSECT - FOREST LAND COUNT

COMPANY Permit No.

Sampled by Date No. Acres Tree or Shrub Species Date Planted

MIL - ACRE PLOT COUNTABLE TREES Transect 1 2 3 4 5 6 7 8 9 10 SUM x (x-0) (x-0) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

SUM ss = 3(x-0) # plots for s0 of 0.50 = 10(s/.50) 0 s0 = ss s = ss ρn(n-1) ρ(n-1)

STOCKING: Total + /acre

Recommendation:

DMLR-PT-224 Rev. 2/96 Page 13 Rev. January 2003 Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Instructions For Line Transect

  1. The Mil-acre plot form may be used separately for ground cover and tree count. If you are using this form for ground cover, complete only to the sum.
  1. Use uniformly spaced circular Mil-acre plots for most sampling - transects are acceptable.
  1. Run sample lines across seedling rows.
  1. Divide length of sample line by the number of plots desired to obtain distance between plots.
  1. Use permit maps to indicate direction of seedling rows, lay out sample lines, and calculate distance between plots.
  1. Tally up to 2 seedlings per plot if the 2 seedlings are at least 4 feet apart. (Mil-acre stick is
  2. 725 feet long, which is close enough to use.)
  1. Minimum sample size: 50 plots up to 5 acres. 100 plots for all tracts in excess of 5 acres.
  1. Maximum sample size: 200 plots (or 20 transects).
  1. Acceptable standard error: Estimate of the number of seedlings per acre minus 400, or 50 seedlings per acre; whichever is larger. For example -

a) If the estimate is 750/acre, the standard error can be anything up to + 350/acre (750-400).

b) If the estimate is 200/acre, the standard error can be anything up to + 200/acre (200-400).

c) If the estimate is 430/acre, the standard error can be anything up to + 50/acre (430-400 is less than 50, the smallest standard error required.)

Definitions:

0 = Mean or average

ss = sum of squares = sum of squared deviations from the mean = 3(x-0)

s0 = Standard error = ss ρ n(n-1) s = Standard Deviation = ss ρ n-1

Number of plots needed for a standard error of .50 = 10(s/.50) = 10(2s)

DMLR-PT-224 Rev. 2/96

Page 14 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8100

ANALYSIS - Premining vs Postmining Productivity Comparison (Hayland/Pasture Land Use)

Company: Permit Number:

PREMINING PRODUCTIVITY (Projected) U.S. Natural Resources Conservation Service -

Soil Series:

Productivity Levels: animal unit months tons of hay per level of management. acre (low, medium, or high)

POSTMINING PRODUCTIVITY (Demonstrated by one or more of the practices listed below.) Grazing Record Total Acreage Grazed: Number of Months Grazed per Year: Date Grazing Began: Date Grazing Ended: Number of Animals: Type of Animals: Hay Production Total Acreage Harvested: Date(s) of Harvesting: Number of Round Bales: Weight per Round Bale: Number of Square Bales: Weight per Square Bale: Average Weight per Acre: Test Plot Results Number of Plots: Size of Plots Sampled: Results: dry weight in tons.

Comments:

Person Conducting Analysis Date:

DMLR Reviewer Date:

Page 15 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Standards for Premining Productivity

The following table provides the recommended standards for premining productivity. These standards were developed in a cooperative effort by the Department of Mines, Minerals and Energy, Maxim Engineering, and the Natural Resources Conservation Service. Questions concerning this list should be directed to the Division’s Agronomist (276) 523-8155.

Soil Series Animal Units Months Tons/Hay/Acre* Level/Management Allegheny 4 2 Low to Medium Atkins 4 2 Low to Medium Berks Silt Loam 3 1.5 Low to Medium Cotaco 3 1.5 Low to Medium Craigsville Cobbly 1 0.5 Low to Medium Loam Dekalb Sandy Loam 3 1-1.5 Low to Medium Gilpin Silt Loam 4 2 Low to Medium Jefferson Loam 3 1.5 Low to Medium Laidig Loam 2 1 Low to Medium Lily Loam 3 1.5 Low to Medium Lindside-Newark 4 1.5 Low to Medium Pineville 4 2 Low to Medium Pope Gravelly Loam 6 2.5 Low to Medium Purdy Silty Loam 2 1 Low to Medium Ramsey 2 0.5 Low to Medium Shelocta Silt Loam 4 2 Low to Medium Weikert 2 1 Low to Medium Westmoreland 5 2 Low to Medium Zoar Silt Loam 4 2 Low to Medium

  • Project the second cutting for forage at 35% of the initial cutting.

Page 16 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8202

APPLICATION FOR PERFORMANCE BOND RELEASE

COMPANY PERMIT NO.

Total Permitted Acres Total Disturbed Acres Current Bond Amount Amount of Bond Release Requested Bonding Method - enter “C” if Cost Estimate or “R” if under the Reclamation Fund

Release of Cost Estimate Performance Bond (4 VAC 25-130-800.40 VaCSMRR) - check as applicable Phase I release request - Entire permit (or designated areas if applicable). Up to 60% Acreage reduction for completed regrading - attach justification for amount of release requested. Amount Indicate the date of completion of backfilling, topsoil replacement, regrading, and drainage control.

Phase II release request - Entire permit (or designated area if applicable). Revegetation Acreage completed Amount Indicate the date revegetation success standards met.

Phase III release request - Total Release for entire permit (or designated area if Acreage applicable). Amount Indicate the date reclamation standards completed.

Indicate the date of last augmented seeding, fertilizing, irrigation, or other reclamation work.

Release of Reclamation Fund Performance Bond (4 VAC 25-130-801.17 VaCSMRR) - check as applicable Release of Increment(s) - Reclamation standards completed for following Increment(s).

Indicate the date reclamation standards completed. Required growing seasons met and reclamation deemed adequate.

Partial Release of entire permit - Reclamation standards completed.

Indicate the date reclamation standards completed. Required growing seasons met and reclamation deemed adequate.

Total Release - for entire permit.

Indicate the date reclamation standards completed.

Indicate the date of last augmented seeding, fertilizing, irrigation, or other reclamation work.

Supporting Information - Page 2 lists the other information and documentation which must be submitted with this Application CERTIFICATION: I certify that the information provided in this application and any attachments thereto are true and correct to the best of my knowledge and belief.

Signature

Title/Position Date

DMLR-PT-212 Rev. 4/96

Page 17 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

SUPPORTING INFORMATION

Include the following documents and information with this bond release application:

  1. Copy of the public notice required by the Virginia Coal Surface Mining Reclamation Regulations.
  • 4 VAC 25-130-800.40(a)(2) for “cost estimate” bond releases.
  • 4 VAC 25-130-801.17((b) for “Reclamation Fund” bond releases.
  1. Copies of the bond release notification letters sent to: a) adjoining property owners. b) surface owners. c) local governmental bodies. d) planning agencies. e) sewage and water treatment facilities or water companies.
  1. Copies of applicable vegetative surveys, productivity comparisons, and any other data supporting the bond release request.
  1. For Cost Estimate bond release -

a) If the application requests a Phase II release, calculate the amount of bond which must be retained to cover any follow-up reclamation, restoration, or abatement work such as reseeding, structural removal, drainage control, and required monitoring. The remaining bond needs to include the administrative and inflationary costs for the remaining liability period.

b) If this application concerns only a portion of the permit area, attach a map (with certified and notarized legend) that delineates the areas for which bond release is requested.

  1. For Reclamation Fund bond release - If the application concerns incremental areas, attach a map (with certified and notarized legend) that delineates the areas for which bond release or reduction is requested. Also include on the map, the date of last seeding for each applicable increment.

DMLR-PT-212 Rev. 4/96

Page 18 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Example Publication for Cost Estimate - Phase I

Public Notice Application for Bond Reduction Under Chapter 19, Title 45.1 Code of Virginia

(Company Name) is applying for bond reduction on Permit

No. located in County (Precise Location) . This

permit consists of acres bonded under Cost Estimate. As provided by § 4 VAC 25-130-800.40 of

the Virginia Coal Surface Mining Reclamation Regulations, the Applicant is requesting that the current

total bond amount of $ in the form of (Specify bond type: cash, certificate of deposit,

and/or insurance surety) posted for this permit be reduced by $ .

This bond reduction request is based on the following Phase I reclamation:

  1. Types of Reclamation Work Performed
  2. Appropriate Date(s) of Reclamation Work Performed
  3. Description of Reclamation Results Achieved
  4. Description of the Post-Mining Land Use

Any person with a valid legal interest which might be adversely affected by this proposal, or an officer or head of any federal, state or local government agency or authority, may within 30 days of (Date of Last Publication) submit written comments or objections concerning this bond reduction, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation’s office in Big Stone Gap, Virginia.

All correspondence concerning this bond reduction application should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia 24219. Telephone (276) 523-8202.

DMLR-PT-225 Rev. 4/96

Page 19 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Example Publication for Cost Estimate - Phase II

Public Notice Application for Bond Reduction Under Chapter 19, Title 45.1 Code of Virginia

(Company Name) is applying for bond reduction on Permit No.

located in County (Precise Location) . This permit

consists of acres bonded under Cost Estimate. As provided by § 4 VAC 25-130-800.40 of the

Virginia Coal Surface Mining Reclamation Regulations, the Applicant is requesting that the current

total bond amount of $ in the form of (Specify bond type: cash, certificate of deposit, and/or

insurance surety) posted for this permit be reduced by $ .

This bond reduction request is based on the following Phase II reclamation:

  1. Types of Reclamation Work Performed
  2. Appropriate Date(s) of Reclamation Work Performed
  3. Description of Reclamation Results Achieved
  4. Description of the Post-Mining Land Use

Any person with a valid legal interest which might be adversely affected by this proposal, or an officer or head of any federal, state or local government agency or authority, may within 30 days of (Date of Last Publication) submit written comments or objections concerning this bond reduction, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation’s office in Big Stone Gap, Virginia.

All correspondence concerning this bond reduction application should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia 24219. Telephone (276) 523-8202.

DMLR-PT-226 Rev. 4/96

Page 20 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Example Publication for Cost Estimate - Phase III

Public Notice Application for Bond Release Under Chapter 19, Title 45.1 Code of Virginia

(Company Name) is applying for bond release on Permit No. located in County (Precise Location) . This permit consists of acres bonded under Cost Estimate. As provided by § 4 VAC 25-130-800.40 of the Virginia Coal Surface Mining Reclamation Regulations, the Applicant is requesting that the current total bond amount of $ in the form of (Specify bond type: cash, certificate of deposit, and/or insurance surety) posted for this permit be released.

This bond release request is based on the following Phase III reclamation:

  1. Types of Reclamation Work Performed
  2. Appropriate Date(s) of Reclamation Work Performed
  3. Description of Reclamation Results Achieved
  4. Description of the Post-Mining Land Use

Any person with a valid legal interest which might be adversely affected by this proposal, or an officer or head of any federal, state or local government agency or authority, may within 30 days of (Date of Last Publication) submit written comments or objections concerning this bond release, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation’s office in Big Stone Gap, Virginia.

All correspondence concerning this bond release application should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia 24219.

Telephone (276) 523-8202.

DMLR-PT-227 Rev. 4/96

Page 21 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Example Publication for Pool Bonding, Incremental Bond Reduction

Public Notice Application for Bond Reduction Under Chapter 19, Title 45.1 Code of Virginia

(Company Name) is applying for bond reduction on Permit No. located

in County (Precise Location) . This permit

consists of acres which are bonded under the Virginia Coal Surface Mining Reclamation Fund

(Pool Bond) for $ in the form of (Specify bond type: cash, certificate of deposit, and/or

insurance surety). As provided by § 4 VAC 25-130-801.17 of the Virginia Coal Surface Mining

Reclamation Regulations, the Applicant is requesting a bond reduction of $ on increment

number(s) , consisting of acres.

This bond reduction request is based on completion of (number) full growing season(s) and the following reclamation:

  1. Types of Reclamation Work Performed
  2. Appropriate Date(s) of Reclamation Work Performed
  3. Description of Reclamation Results Achieved
  4. Description of the Post-Mining Land Use

Any person with a valid legal interest which might be adversely affected by this proposal; or an officer or head of any federal, state or local government agency or authority may within 30 days of (Date of Last Publication) submit written comments or objections concerning this bond reduction, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation’s office in Big Stone Gap, Virginia.

All correspondence should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia, 24219. Telephone (276) 523-8202.

DMLR-PT-228 Rev. 4/96

Page 22 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Example Publication for Pool Bonding, Entire Permit Bond Reduction

Public Notice Application for Bond Reduction Under Chapter 19, Title 45.1 Code of Virginia

(Company Name) is applying for bond reduction on Permit No. located

in County (Precise Location) . This permit

consists of acres which are bonded under the Virginia Coal Surface Mining Reclamation Fund

(Pool Bond) for $ in the form of (Specify bond type: cash, certificate of deposit, and/or

insurance surety). As provided by § 4 VAC 25-130-801.17 of the Virginia Coal Surface Mining

Reclamation Regulations, the Applicant is requesting a bond reduction of $ .

This bond reduction request is based on completion of (number) full growing season(s) and the following reclamation:

  1. Types of Reclamation Work Performed
  2. Appropriate Date(s) of Reclamation Work Performed
  3. Description of Reclamation Results Achieved
  4. Description of the Post-Mining Land Use

Any person with a valid legal interest which might be adversely affected by this proposal; or an officer or head of any federal, state or local government agency or authority may within 30 days of (Date of Last Publication) submit written comments or objections concerning this bond reduction, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation’s office in Big Stone Gap, Virginia.

All correspondence should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia, 24219. Telephone (276) 523-8202.

DMLR-PT-229 Rev. 4/96

Page 23 Rev. January 2003Division of Mined Land Reclamation A Guide to Bond Reduction/Release

Example Publication for Pool Bonding, Entire Permit Bond Release

Public Notice Application for Bond Release Under Chapter 19, Title 45.1 Code of Virginia

(Company Name) is applying for bond release on Permit No. located in County (Precise Location) . This permit consists of acres which are bonded under the Virginia Coal Surface Mining Reclamation Fund (Pool Bond). As provided by § 4 VAC 25-130-801.17 of the Virginia Coal Surface Mining Reclamation Regulations, the Applicant is requesting that the total bond amount of $ in the form of (Specify bond type: cash, certificate of deposit, and/or insurance surety) currently posted for this permit be released.

This bond release request is based on completion of the extended period of responsibility (5 full years) for successful revegetation and the following reclamation:

  1. Types of Reclamation Work Performed
  2. Appropriate Date(s) of Reclamation Work Performed
  3. Description of Reclamation Results Achieved
  4. Description of the Post-Mining Land Use

Any person with a valid legal interest which might be adversely affected by this proposal; or an officer or head of any federal, state or local government agency or authority may within 30 days of (Date of Last Publication) submit written comments or objections concerning this bond release, and may also request, in writing, that the Division of Mined Land Reclamation hold a public hearing or an informal conference. A copy of materials concerning this request will be available for public inspection at the Division of Mined Land Reclamation’s office in Big Stone Gap, Virginia.

All correspondence should be submitted to the Division of Mined Land Reclamation (Attention: Permit Section), P. O. Drawer 900, Big Stone Gap, Virginia, 24219. Telephone (276) 523-8202.

DMLR-PT-230 Rev. 4/96

Page 24 Rev. January 2003

Guidelines for Safe Material Transportation in MinesDoc ID: DM-G-161143

Original: 200 words
Condensed: 126 words
Reduction: 37.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 6 TRANSPORTATION Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.143. A ., B.

Transportation of Material

These two sections of the MSA address the protection of equipment operators and other personnel seated in equipment from hazards created by shifting loads being hauled. The mine inspector should determine, on a case by case basis, if the mobile equipment is designed to safely carry such material and supplies. For example, if the material being hauled is on top of a battery-powered scoop, the inspector should consider the safety of the operator in the deck should the material shift or be dislodged. Where personnel are being transported, only small hand tools and supplies, which do not create hazards, are to be transported in the same compartment of the equipment.

The size of materials being transported, the method by which materials are secured and the protection afforded operators and other personnel on the equipment should be considered. Also, certain equipment, because of design, is not capable of transporting bulk type materials since the position of loads and the operator will always present hazardous conditions.

Electrical Repair and Maintenance GuidelinesDoc ID: DM-G-161196

Original: 296 words
Condensed: 249 words
Reduction: 15.9%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY

STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 11 ELECTRICITY Issue Date: 4/10/00 Revised Date:9/30/02 Page 1 of 1 Section 45.1-161.196.

Repairs to Circuits and Electrical Equipment

This section of the MSA addresses repairs to electrical equipment by a certified person or person under the direct supervision of a certified electrical repairman and repairs and maintenance by authorized persons. At any time electrical work and maintenance is being performed on low, medium or high voltage electrical equipment; a certified electrical repairman or person under the supervision of a certified electrical repairman must perform such work. Direct supervision means that the circuit is de-energized, tagged, and locked out by a certified electrical repairman. The certified electrical repairman inspects work performed and the certified electrical repairman returns power to the circuit.

This section allows non-electrical repairs and maintenance on equipment by authorized persons once the power is off and the equipment is blocked against motion. The equipment power can be de-energized at the equipment on board circuit breaker, where applicable. Service work such as changing bits, water sprays, a hose, pumping oil, greasing, etc. can be performed without tagging and locking out at the power center visual disconnect.

However, belt work normally associated with belt moves requires that power to the affected section of belt be de-energized, tagged and locked out at the power source.

Protective Equipment

Properly rated linesman’s gloves and electrically rated insulated boots or shoes are required when miners perform work on energized trolley wire. Regularly worn work boots, leather or rubber, normally are not “electrically rated” and should not be considered adequate when performing such work. Personnel who perform this work must wear electrically rated insulated boots and lineman’s gloves to comply with this section.

Coal Mine Inspection ProceduresDoc ID: DM-P-10401

Original: 991 words
Condensed: 797 words
Reduction: 19.6%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.01

ISSUE DATE: January 1, 1997 SUBJECT: Inspections of Coal Mines

LAST REVISED: 10/03

OBJECTIVE AND INTENT

To ensure that all coal mine operations are inspected for compliance with the Mine Safety Act. Effective and efficient inspections will identify violations of safety standards and result in corrective actions and improved health and safety performance of Virginia coal mines.

GENERAL

The mine inspector/supervisor must ensure that coal mine operations comply with the requirements of the coal mine safety laws, rules and regulations.

PROCEDURE

1. SCHEDULING OF INSPECTIONS

 Inspections must be completed as prescribed by the Coal Mine Safety Laws of Virginia, 45.1-161.81, rules and regulations, and guidelines.

 Inspections will be scheduled according to the Division risk assessment procedural policy. (See Chapter IV, Procedure 1.04.06)

 To the extent deemed reasonable and prudent, inspections shall be scheduled to commence at a variety of hours of the day and days of the week, including evening and night shifts, weekends and holidays. (See Procedure 1.01.05 regarding work hours.)

 A complete regular inspection of every underground mine must be conducted not less frequently than every 180 days.

 Each surface mine must have a regular inspection not less frequently than once per year.

 Inspections of all assigned mines are completed to ensure compliance with all mine laws and regulations. All assigned mines are to have complete regular and spot inspections as scheduled. Each inspector is responsible for completing scheduled inspections and coordination of inspection activities with his supervisor.

Rv. 10/03 1 of 3

2. CONDUCT OF INSPECTION ACTIVITIES

 Identify as DM representative upon arrival at mine site.

 The inspector will conduct himself in a professional and courteous manner during all mine visits.

 Enforcement actions must be consistently applied at all mines. If a mine inspector has reasonable cause to believe that a violation of the Mine Safety Act has occurred, a notice of violation must be issued to the person responsible for the violation.

 The inspector will review available DM information on all approved plans, reportable accidents/roof falls, previous risk assessment, available MSHA inspection reports, and methane liberations prior to initiating a scheduled mine inspection of an assigned mine.

 The initial communication with the mine operator and/or agent should include the purpose of the visit and a review of any new standards, procedures, or other issues relevant to the visit.

 The inspector will conduct a closeout upon completion of the mine inspection to communicate the overall condition of the mine, status of compliance with the mining laws and recommendations for improvement. The inspector should acknowledge good mining practices and performance standards with the mine operator. The final closeout is to be conducted in a manner to encourage the involvement of the mine operator and/or his agent. A risk assessment will be completed at the end of all required regular and spot inspections and reviewed with the mine operator/agent.

3. ISSUANCE OF ENFORCEMENT ACTION

 A Notice of Violation (DM-V-1-S) will be issued by the inspector if there is reasonable cause to believe that a violation of the Mine Safety Act has occurred, which does not create an imminent danger situation. The NOV will be: a. Issued to the person or persons who are responsible for the violation.

NOTE: Violations are to be issued directly to individual miners in those cases where their individual actions caused the violation. b. Hand delivered, whenever practical, or may be served by certified mail. c. The NOV computer form (DM-V-1-S) will be completed by the inspector and will specifically: (1) reference the appropriate section of law; (2) describe the location where the NOV applies; (3) describe the precise aspects of the condition and/or practice creating the violation; and Rv. 10/03 2 of 3 (4) set forth a reasonable time for correction. d. When a violation is issued, a reasonable time for abatement will be allotted, taking into consideration seriousness, established guidelines and inspector’s work schedule. Every effort must be made to abate the NOV by the granted due date. If this time frame cannot be met, the inspector will notify his supervisor prior to the 48-hour deadline. The inspector and his supervisor will review the seriousness of the NOV, appropriate to the degree of hazard and other risk factors involved, to determine the necessity of dispatching another inspector to abate, continue or take additional corrective actions. e. If an operator to whom a Notice of Violation was issued fails to abate the violation cited within the time period provided in such notice for its abatement, and, in absence of an administrative appeal, an Order of Closure will be issued under Section 45.1-161.91 A. (iv) of the Act. f. The inspector will document the corrective action of each NOV using the DM-V-1-S computer form when it is determined that the condition and/or practice cited in the violation has been corrected.

 An Order of Closure will be issued by the inspector or supervisor when an imminent danger to the life and health of persons exists, a mine fire, explosion or other serious accident occurs, a mine is operating without a license, or a failure to abate a violation within the allotted time period. The Closure Order will be uploaded as soon as possible and will consist of: a. Issued to the operator or his agent who is responsible for the violation; b. Hand delivered, whenever practical, or may be served by certified mail. c. Closure Order computer form (DM-V-1-S) will be completed by the inspector and will specifically: (1) reference the appropriate section of law; (2) describe the location where the Closure Order applies; and (3) describe the precise aspects of the condition and/or practice creating the closure order. d. The inspector will document the corrective action of each Closure Order using the DM-V-1-S computer form when it is determined that condition and/or practice has been corrected.

Rv. 10/03 3 of 3

Mineral Mine Safety Inspection ProceduresDoc ID: DMM-P-25

Original: 914 words
Condensed: 585 words
Reduction: 36.0%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.5.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Inspection Frequency: Safety Section Enforcement Last Revised 09/21/95

OBJECTIVE AND INTENT:

An established policy is needed to provide consistent interpretation of the inspection frequency requirement for safety inspections on mineral mine sites. All surface mines not inspected by MSHA must be inspected for safety by DMM Mine Inspectors at least once during the fiscal year (July 1 - June 30) and all underground mines must be inspected for safety by DMM at least twice a year . Additional safety inspections are required on selected operations due to the level of risk associated with the site.

Under normal circumstances this requirement can be met by the Mine Inspector by careful scheduling of inspections. There are situations which can create a critical problem in successfully achieving frequency by the end of the fiscal year. These include: 1) changes in MSHA inspection status; 2) issuance of mining permits during end of the fiscal year; 3) sites which change their licensing status during the fiscal year; and 4) multiple mining operations which are not consistently inspected by MSHA due to intermittent activity or rotational usage by the mining company.

PROCEDURES:

Changes in MSHA Inspection Status:

  • This policy covers safety inspections of mining operations dropped from MSHA inspection status after the fiscal year begins.
  • Information concerning the inspection status of mineral mining operations is received from MSHA every three months.
  • The DMM Mineral Mining System will be updated within 30 days of receiving information from

MSHA.

  • The DMM Permit Section will not re-evaluate mining operations concerning changes in inspection status between April 1 and June 30 of the fiscal year.
  • A regular safety inspection will be made on all mining operations which change status from MSHA inspected to non-MSHA inspected during the fiscal year in which it changes status.
  • When applicable, safety inspections required to meet “risk assessment” will be made in accordance with the following formula:

No. of Inspections = No. of Risk Inspections X No. of days remaining in fiscal year 365 days

  • Number of inspections will be based on rounding the answer to the nearest whole number.
  • When less than the full compliment of “risk” inspection are to be made the mine inspector will weight his inspection towards completing all regular inspections before conducting any required spot inspections.
  • Where the full number of “risk” inspections is not performed during the initial year in which the status of the operation has changed, inspections based on “risk” will continue during the next full fiscal year.
  1. 5-1 DIVISION OF MINERAL MINING PROCEDURE NO. 2.5.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Inspection Frequency: Safety Section Enforcement Last Revised 09/21/95

New Permits:

  • This policy covers safety inspections of new mining operations which come into affect during a portion of the fiscal year. The policy takes into consideration regular safety inspections and safety inspections resulting from “risk assessment”.
  • Mine Inspectors will make one regular safety inspection on all new non-MSHA inspected mine sites during the fiscal year in which it is approved. Underground mines will have two regular safety inspections if permits during the first half of the fiscal year and one inspection if permitted during the second half of the fiscal year. Mines whose permits are issued during the last 10 days of the fiscal year will not be subject to inspection until the next fiscal year begins.
  • Safety inspections required to meet “risk assessment” will be initiated upon the beginning of construction or mining activities.

• Safety inspections on new mine sites will be made based on the following formula:

No. of Inspections = No. of Risk Inspections X No. of days remaining in fiscal year 365 days

  • Number of inspections will be based on rounding the answer to the nearest whole number.
  • When less than the full compliment of “risk” inspections are to be made the mine inspector will weight his inspections towards completing all regular inspections before conducting any required spot inspections.
  • Where the full number of “risk” inspections is not performed during the initial year of operations, inspections based on “risk” will continue on the sites during the next full fiscal year.

Changes in Licensing Status:

  • This policy covers the inspection of non-MSHA inspected mining operations which request and are granted termination of the DMM mine license due to completion of initial reclamation.
  • Upon receipt of notification of intent of the operator to terminate the DMM mining license, the Mine Inspector will ensure that a regular safety inspection has been performed on the mine site.
  • The Mine Inspector will not approve the termination of the DMM mine license until such time as a regular inspection of the site has been made.

Multiple Site with MSHA Status:

  • This policy covers the inspection of operations which are identified by MSHA under one company identification number where MSHA inspects only those sites actively performing mineral extraction.
  1. 5-2DIVISION OF MINERAL MINING PROCEDURE NO. 2.5.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Inspection Frequency: Safety Section Enforcement Last Revised 09/21/95
  • The Mine Inspector will identify all operators who have multiple operations working under a single MSHA identification number.
  • The Mine Inspector will establish whether a particular mine site has been inspected by MSHA during the previous 12 months by confirming the inspection through MSHA or by contacting the operating company and reviewing any relative information which confirms the inspection of the site by MSHA personnel.
  • Where no documentation can be found the site will receive a regular safety inspection.
  1. 5-3

Additional Bond Requirements at Permit AnniversaryDoc ID: DMM-P-43

Original: 182 words
Condensed: 137 words
Reduction: 24.7%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.3.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Additional Bond Required at Section Permitting Anniversary Time Last Revised

OBJECTIVE AND INTENT:

To ensure that areas to be mined are bonded prior to disturbance.

  1. Ninety (90) days prior to the anniversary date of the DMM permit, the Program Support Technician will send a letter to the operators advising them of the permit's current bond status. The letter will also inform the operator that if the permit's disturbed acreage is more than reported the previous year or will be more in the next 12 months, the appropriate amount of additional bond should be submitted with the progress report materials on the anniversary date.
  1. If this additional bond is not submitted with the progress report materials, the Program Support Technician will contact the appropriate Mine Inspector within 2 days following receipt of the progress report material.
  1. The area Mine Inspector will issue a Notice of Non-Compliance on the first business day following the anniversary date, requiring the appropriate bond amount be submitted within 10 days to the DMM office.
  1. 3-1

Guidelines for Mine Equipment CouplersDoc ID: DM-G-161147

Original: 108 words
Condensed: 108 words
Reduction: 0.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 6 TRANSPORTATION Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.147.

Operation of Equipment

Use of Automatic Couplers

Automatic couplers are not always provided on all track equipment. A mechanical linkage type de-coupler is also approved for track equipment to allow de-coupling without personnel positioning themselves between equipment. This section of the MSA is interpreted as requiring automatic couplers for those cars that are regularly coupled and uncoupled, but not necessarily all rail equipment. A device designed to allow for de-coupling without exposing miners between equipment would be acceptable.

Spot Inspection Procedures for Mine SafetyDoc ID: DM-P-10405

Original: 330 words
Condensed: 275 words
Reduction: 16.7%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.05

ISSUE DATE: January 1, 1997 SUBJECT: Spot Inspection

LAST REVISED: 10/00

OBJECTIVE AND INTENT

To provide for a spot inspection to address the health and safety concerns identified during other inspections or investigations in order to encourage improved safety performance.

PROCEDURE

1. SCHEDULING AND CONDUCTING SPOT INSPECTIONS

 Spot inspections may be initiated by the Inspector, Supervisor or Chief.

 The inspector may request through his Supervisor, assistance from technical specialists as part of spot inspection activities.

 The spot inspection may focus on specific high risk areas, equipment or practices.

 Job safety observations should be emphasized as part of spot inspections.

 Individual safety contacts and group safety talks should be emphasized as part of spot inspections.

2. RISK ASSESSMENT SPOT INSPECTION

 Spot inspections, like regular inspections, will be scheduled as part of mine risk assessment. (Section 45.1-161.82 A)

 Additional spot inspections may be scheduled in addition to those scheduled based on a mine’s risk assessment.

 The Chief will schedule additional inspections at underground and surface coal mines based on the rating assigned to a mine reflecting the assessment of its risk. (Section 45.1-161.82 B)

1-2

3. RECORDING SPOT INSPECTIONS

 The inspector will render a certificate of inspection and deliver one copy to the operator, agent, or mine foreman; one copy to the employees’ safety committee; and one copy will be posted at a prominent place on the premises where it can be read conveniently by the miners.

 The report will consist of a computer generated inspection form (DM-CM-3S), Notice of Violation/Orders, and Risk Assessment.

 Inspection reports will be uploaded to the DM Enforcement System daily/weekly when the inspection commences and as the inspection progresses, along with the daily/weekly DM itinerary activity entries. The report will be consistent with the Coal Mine Safety Laws of Virginia, Section 45.1-161.89, A, B, and C; rules and regulations; and inspection guidelines.

Rv. 10/00 2-2

Coal Combustion By-Products GuidelinesDoc ID: DMLR-M-2-95

Original: 197 words
Condensed: 189 words
Reduction: 4.1%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 2-95 Issue Date: April 21, 2008 Subject: Coal Combustion By-Products Guidelines (issued 1/30/95, updated 10/1/01 & 04/21/08)

The Division will implement the requirements of §9VAC20-85-10 et seq. for the use of coal combustion by-products on permits issued under the Virginia Coal Surface Mining Reclamation Regulations (4VAC25-130-700.1 et seq.). The Coal Combustion By-Products Guidelines (http://www.dmme.virginia.gov/DMLR/docs/downloads.shtml) are to be used in conjunction with the aforementioned regulations. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Orphaned Land Reclamation Advisory CommitteeDoc ID: DMM-G-OLAC

Original: 540 words
Condensed: 484 words
Reduction: 10.4%

BY-LAWS

OF

ORPHANED LAND ADVISORY COMMITTEE

OF THE

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

Article I. PURPOSE

The purpose of the Orphaned Land Advisory Committee is:

To assist the Division of Mineral Mining (DMM) in prioritizing orphaned land sites to be

reclaimed via funding from the Minerals Other Than Coal Fund.

To provide advice to the Division of Mineral Mining on the methods to be used in performing

reclamation at selected sites.

To select the winners of the DMM/VAA Reclamation Awards Program from the

nominations presented. Nominations may be selected for the NASLR and IMCC

National Awards Program as the Virginia representative in the non-coal category.

Article II. MEMBERSHIP

The Orphaned Land Advisory Committee shall be composed of eight members appointed by

the Director of the Department of Mines, Minerals and Energy or his designee.

The Committee shall consist of one person from or representative of each of the following

organizations or groups:

A Division of Mineral Resources

B Mineral Mining Industry

C Private Citizen 1 A Department of Environmental Quality

B USDA Natural Resource Conservation Service

C Virginia Aggregates Association

A Virginia Department of Transportation

B Virginia Tech Crop & Soil Environmental Sciences Department

The DMM Director and the Project Manager for reclamation shall serve as ex-officio

non-voting members and advisors to the Committee. The Project Manager for reclamation

shall staff meetings and present information on selected sites to the Committee.

Article III. TERMS

Members are appointed for a 3-year term and may be reappointed.

Letter designation in front of each organization or category (Article II, No. 2) denotes the order

for reappointment, starting with A in 1994, B in 1995, etceteras.

When a vacancy occurs, the Director of the Department of Mines, Minerals and Energy or the

Director's designee shall solicit a nominee from the organization or group.

Article IV. RESPONSIBILITIES

The Chairperson shall preside over meetings and direct members to complete and sign the

Orphaned Land Advisory Committee Review Report.

It shall be the responsibility of individual members to attend all meetings of the Committee at

designated times and places. If a member misses two (2) or more consecutive meetings without

due cause, the member may be replaced with a majority vote by the members of the Committee

present.

Article V. VOTING AND ELECTIONS

Each Committee member shall have one (1) vote. In case of a tie vote, the Chairperson shall

cast the deciding vote.

A simple majority of the Committee membership present shall constitute a quorum. 2

Election of a chairperson and vice-chairperson shall take place every three years, starting in

1994. Elected persons shall assume office at that meeting.

Article VI. OPERATIONS

If requested, expenses for travel by the Committee members will be reimbursed by the Division

of Mineral Mining.

All meeting minutes records and reports are the property of the Division of Mineral Mining and

shall be kept on file with that Division.

Article VII. MEETINGS AND AMENDMENTS TO BY-LAWS

The Committee By-Laws shall by amended by resolution and adoption by two-thirds (2/3) vote

of the membership present at a meeting.

The Committee shall meet in the spring of each calendar year. Additional meetings may be

called by the Director of Mineral Mining or the Chairperson.

REV 6/14/00

DAB 3

Temporary Structures in Gas Well ReclamationDoc ID: DMLR-P-3315

Original: 229 words
Condensed: 174 words
Reduction: 24.0%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.15

PROCEDURES MANUAL ISSUE DATE September 26, 2002 SUBJECT Temporary Structures Section Enforcement Last Revised

OBJECTIVE AND INTENT :

To allow temporary structures to be left in place to facilitate a (DGO) permitted gas well activity.

PROCEDURES :

The DMLR will allow a company to submit a revision to the approved plans of a permit to leave temporary sediment and drainage control structures (ponds, diversion ditches, roads, etc.) that will be utilized by a gas well activity permitted by the Division of Gas and Oil (DGO).

The revision should address what specific structures will be left in place and contain a commitment on the part of the DGO permittee to assume reclamation responsibility of the temporary structures. In order to allow the use of the temporary structures, the post mining land use under the DMLR permit must be designated as industrial.

The permittee may release the areas associated with the gas well activity from the DMLR permit, as long as the areas are incorporated into the DGO permit.

The DMLR and DGO inspectors will coordinate to ensure the temporary structures are properly addressed in the DGO permit. The DGO permit should contain a reclamation plan for the final treatment of the temporary structures (the standards shall be at least as effective as those under the Virginia Coal Surface Mining Reclamation Regulations). 1

Mine Emergency Evacuation and Firefighting Program ApprovalDoc ID: DM-M-06-03D

Original: 1,008 words
Condensed: 839 words
Reduction: 16.8%

_________________________________ Date

Mr. Edward R. Morgan, District Manager Mine Safety & Health Administration P.O. Box 560 Norton, VA 24273

RE: Request for Approval, Mine Emergency Evacuation and Firefighting Program of Instruction, __________________Revised (Type of Change)

_____________________________________ _________________________________44 -(Name of Mine) (MSHA ID No.)

______________________________________ (Company or Corporate Name)

Dear Mr. Morgan:

The enclosed Mine Emergency Evacuation and Firefighting Program of Instruction is hereby submitted for your approval. Should changes be needed, notify me at the following address:

_______________________________________________________

_______________________________________________________

_______________________________________________________

Sincerely,

__________________________________________ (Signature – Operator or an Agent of the Operator)

__________________________________________ (Title) Page 1 of 3 Mine Safety and Health Administration

MINE EMERGENCY EVACUATION AND FIREFIGHTING PROGRAM

OF INSTRUCTION

Company Name: Mine Name:

MSHA ID No. Date:

Plan Submitted By: ________________________________________________________ (Mine Operator/Agent)

This Mine Emergency Evacuation and Firefighting Program of Instruction are hereby submitted in accordance with 30 CFR 75.1502.

The responsible person, designated by the mine operator, shall initiate and conduct an immediate mine evacuation when a mine emergency presents an imminent danger to miners due to a fire, explosion, or gas or water inundations.

The following is instructions for all miners in proper evacuation procedures, if a mine emergency occurs.

  1. This plan is designed to instruct miners on all shifts on the following: (i) Various mine emergencies including fires, explosions, or gas or water inundations may present imminent danger to miners and may require immediate evacuation. In mines using an AMS system, the responsible person shall initiate and conduct an immediate evacuation when an imminent danger to miners is present. During evacuation, the miners will get the escapeway map, if available, to take with them. The responsible person will verify that electrical power has been deenergized to the affected area when the situation warrants.

(ii) Mine emergencies including fires, explosions, or gas or water inundations may require immediate evacuation and immediate donning of self-rescue devices. All miners will be familiar with the mine escapeways, both primary and alternate, to the surface escape drift opening or to the escape shaft or slope facility to the surface. All miners will be familiar with the use, care, and maintenance of the self-rescue device(s) used at the mine. Best options for evacuation and conditions requiring immediate donning of self-rescue devices are provided in the attached scenario templates (Attachments A, B, C and D).

(iii) All miners except those involved in the emergency response will be accounted for and evacuated from the mine by the fastest available means (diesel/battery powered equipment, if available) and by traveling the designated escape routes. Evacuation will be initiated and conducted by the responsible person.

Revised 04/03/06 Page 2 of 3

(iv) Emergency response personnel are identified by a notification list. Fire suppression equipment and rescue apparatus are stored at designated locations in order to allow quick access. Diesel/battery powered equipment will be used to transport emergency response personnel, fire suppression equipment and rescue apparatus to the emergency scene. All miners are trained on mine emergency procedures.

(v) All miners are trained in the use of all fire suppression equipment available in the mine.

(vi) Firefighting equipment is located at designated locations in the mine and on the surface. All miners are trained in the location and use of such equipment.

(vii) A primary escapeway, ventilated with intake air, is provided from each working section and each area where mechanized mining equipment is being installed or removed. The primary escapeway is continuous to the surface escape drift opening or to the shaft or slope facilities to the surface. A continuous directional lifeline or equivalent device is installed and maintained throughout the entire length of the escapeway. An alternate escapeway, separated from the primary escapeway, is located in a belt air course. The alternate escapeway is continuous to the surface escape drift opening or to the shaft or slope facilities to the surface. A continuous directional lifeline or equivalent device is installed and maintained throughout the entire length of the escapeway.

(viii) SCSR cache storage locations, if applicable, were determined by 45-minute travel (walking/crawling) time.

SCSR’s should be donned when miners believe they may become exposed to a contaminated or irrespirable atmosphere.

  • Type(s) of SCSR’s ______________________________________
  • Quantity of SCSR’s in each cache __________________________
  • SCSR cache storage locations are denoted on the 75.383 mine escapeway map and on the 75.1200 mine map.

Primary escapeway locations at brattice No.(s): __________________________________________________ __________________________________________________ Alternate escapeway locations at brattice No.(s): __________________________________________________

Revised 04/03/06 Page 3 of 3 This block of information referencing 30 CFR 75.1501 is required to be implemented at the mine and may, but is not required, to be submitted as part of this program of instruction. This is important information that all miners should be familiar with.

A responsible person designated by the mine operator to take charge during mine emergencies including a fire, explosion, or gas or water inundation shall be in attendance for each shift that miners work underground, as required by 30 CFR 75.1501. The responsible person shall have current knowledge of the Mine Emergency Evacuation and Firefighting Program of Instruction.

The responsible person shall initiate and conduct an immediate mine evacuation when a mine emergency presents an imminent danger to miners due to a fire, explosion, gas or water inundations. The mine operator shall instruct all miners of the identity of the responsible person designated for their workshift.

During mine emergency evacuation and firefighting training sessions and drills, the importance of prompt evacuation when such an order is given will be emphasized. The responsible person(s) who will take charge during a mine emergency situation, in ranking order, is (are): _____ Operator _____ Superintendent _____ Shift Foreman _____ Section Foreman _____ Equipment Operator Any person (other than the Responsible Person) may warn miners of an imminent danger.

Enter a P for the primary responsible person and a S for the secondary responsible person if the above ranking order is not followed.

An up-to-date list of responsible persons should be posted in a conspicuous location and any changes will be promptly reviewed with all mine personnel prior to the start of their shift.

Revised 04/03/06

Effluent Non-Compliance Reporting RequirementsDoc ID: DMLR-M-4-85

Original: 131 words
Condensed: 129 words
Reduction: 1.5%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 4-85

Notice of Effluent Non-Compliance Reports (issued 2/25/85, updated 10/1/01)

Pursuant to §§4 VAC 25-130-816.42 and 4 VAC 25-130-817.42 and the approved NPDES permit, permittees are required to notify the DMLR of any instance when NPDES surface water effluent limitations are exceeded. The permittee is required to –

  1. Immediately report by telephone the non-compliance to the DMLR’s water quality staff.
  2. Submit a written Notice of Effluent Non-Compliance (DMLR-PT-084) to the DMLR within 5 days.

In instances where the water monitoring is handled through a contracting laboratory/service, the permittee is still responsible to ensure the reporting procedure is complied with. Failure to report in a timely manner could result in enforcement action.

Mine Licensing and Operational StandardsDoc ID: DM-G-16157A

Original: 384 words
Condensed: 374 words
Reduction: 2.6%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 5 LICENSING OF MINES Issue Date: 4/10/00 Revised Date: 4/15/04 Page 1 of 1 Section 45.1-161.57. A .

License Required for Operation of Coal Mines

In determining when a separate mine license is required, the inspector should consider the following:

  • Are the operations being performed at the site different mining methods, such as auger, strip and/or underground mining?
  • Are there separate entities operating at the site, such as different companies, different ownership, and operators?
  • Are operational activities in different geographical areas?
  • Are mining activities projected to mine together within the mine plan?

A separate mine license is required for each different method of mining employed at any site. Where there are different companies, ownership and operators in the same location a separate mine license is required. If surface equipment owned by the same operator is operating in different geographical areas not connected and not within a reasonable travel time, then separate licenses should be required. When operational activities are not connected and projected to mine together, a separate mine license for each activity need not be secured.

A current mine license is required through initial reclamation of a previously licensed surface or underground mine site. This includes any mine site being reclaimed through initial reclamation by contractors working under AML bond forfeiture.

A current mine license is not required for harvesting trees if control has been vested with a contracted service for timbering only. This activity would fall under VOSH standards and not the Virginia Coal Mine Safety Act (MSA).

A mine license is not required for a site conducting coal removal for sale if that site is not principally a coal mine. This section of the MSA requires a mine license prior to the “operation of any coal mine”. Excavation work for sites such as highway construction, business construction, and home construction are not considered a coal mine as long as the coal removed is necessary for the site construction. However, if the site construction and related coal removal expands beyond the area relevant to the construction of such site, then a mine license may be required. This should be coordinated with the DMLR’s determination whether a coal surface mining permit is required for the activities.

Investigation Procedures for Unlicensed Mine SitesDoc ID: DM-P-10506

Original: 492 words
Condensed: 366 words
Reduction: 25.6%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.06

ISSUE DATE: SUBJECT: Unlicensed Mine Sites

LAST REVISED: 10/00

OBJECTIVE AND INTENT

To provide procedures for conducting an investigation of all reported unlicensed mine sites in order to safely determine the status of activity and ensure compliance with the licensing requirements of the Mine Safety Act.

PROCEDURE

1. RESPONSE

 Whenever surface disturbance related to mining is located and there is no valid mine license, a joint investigation with DMLR personnel will be initiated immediately, but in no case, later than the next regular work day. The two inspectors will determine the procedures of onsite investigation, if necessary, and the process for continued information exchange until the incident investigation is completed.

 When an unlicensed mine site is determined to be likely, Division of Mines’ personnel will contact their supervisor promptly and review the circumstances of their findings.

2. ARRIVAL AT MINE SITE

 Upon entry, identify as DM representative.

 Explain the reason for being at the site and duty of DM and DMLR to inspect.

 If a confrontation with an unlicensed mine operator is anticipated, the inspectors should be accompanied by other Division personnel. Should a confrontation occur, the inspectors should leave the site in a professional manner and immediately contact their supervisor with the facts about the case. If there is a life-threatening situation, and/or departure from the site is impeded, the Division of Mines office should be contacted by radio so the appropriate authorities can be summoned. The inspector should, if possible, explain the consequences to the operator for impeding, interfering with, hindering, or delaying an investigation.

 If denied the right of entry, the inspectors should forward this information to their supervisor/Chief, and a decision will be made what course of action to pursue (including State Police to accompany employee, search warrant, criminal or injunctive relief.) 1-2  A Closure Order will be issued under Section 45.1-161.91 A(iii).

3. INVESTIGATION DATA COLLECTION

 Investigate the site and question witnesses and management to obtain details pertaining to the activity taking place on the site.

 Review available mine records relative to the incident.

 Interview all witnesses and other personnel with knowledge of the incident.

 Issue appropriate Notices of Violation and Orders of Closure as the situation may necessitate.

 Update appropriate supervisor prior to the end of the normal working day with current status of investigation.

4. DETAIL REPORT OF INVESTIGATION

 A report will be prepared after the investigation is completed by the Inspector or Specialist. The complete report will render circumstances/cause of the incident and contain recommendations for the prevention of similar incidents. DM personnel will provide a copy of the certificate of inspection to the mine operator or his agent, one copy to the employee’s representative and one copy will be posted at a prominent place on the mining premises where it may be reviewed by the employees.

Rv. 10/00

2-2

SCSR Outby Storage and Evacuation PlanDoc ID: DM-M-06-03C

Original: 572 words
Condensed: 532 words
Reduction: 7.0%

Mr. Ed Morgan, District Manager Mine Safety and Health Administration P.O. Box 560 Norton, VA 24273

Dear Mr. Morgan:

__________________________________________ is submitting for review and approval of an SCSR – Outby Storage Plan that includes Emergency Temporary Standards on Emergency Mine Evacuation, reference 30 CFR 75.1714-4 which became effective March 9, 2006. This plan is necessary to comply with the Mine Safety and Health Administration’s revised standards.

Your prompt review and approval will be greatly appreciated.

___________________________________

Operator or Agent of Operator _________________________________ Date

Mr. Edward R. Morgan, District Manager Mine Safety & Health Administration P.O. Box 560 Norton, VA 24273

RE: Request for Approval, SCSR Outby Storage Plan and Specific Instruction Plan, __________________NEW (Type of Change) _____________________________________ _________________________________44 -(Name of Mine) (MSHA ID No.)

______________________________________ (Company or Corporate Name)

Dear Mr. Morgan:

The enclosed SCSR Outby Storage Plan and Specific Instruction Plan are hereby submitted for your approval. Should changes be needed, notify me at the following address:

_______________________________________________________

_______________________________________________________

_______________________________________________________

Sincerely,

__________________________________________ (Signature – Operator or an Agent of the Operator)

__________________________________________ (Title)Mine Safety and Health Administration

SCSR – OUTBY STORAGE PLAN

I.

The SCSR storage plan will be kept current.

II.

The SCSR storage locations were determined walking/crawling the primary and alternate escapeways. SCSR storage cache(s) will be located at 45-minute walking/crawling distances from active working sections and from locations where mechanized mining equipment is being installed or removed.

III.

SCSR cache(s) will be provided in the primary escapeway and alternate escapeways as determined by the 45 minute travel time addressed in No. II above. SCSR storage cache(s) will be securely attached to the respective escapeway entry lifeline.

SCSR cache(s) are located in the primary escapeway at brattice No.(s): ___________ __________ __________ ___________ ____________

SCSR cache(s) are located in the alternate escapeway at brattice No.(s): ___________ __________ __________ ___________ ____________

IV.

SCSR cache(s) will be located in a conspicuous, readily accessible, safe location.

SCSR cache(s) location(s) will be protected from mine hazards such as loose roof, rib rolls, vehicular traffic, etc. and will not be blocked by supplies or debris.

V.

SCSR cache(s) will be stored according to manufacturer’s instructions.

VI.

A sign with the word “Self-Rescuer or Self-Rescuers” will be conspicuously posted at each cache(s) storage location(s), including mantrip stations, and will be made of reflective material. Direction signs made of reflective material will be posted in each entry leading to each storage location.

Specific Instruction Plan

Location, Quantity, Types, and Use of Stored SCSR’s, if applicable & Location and Use of Continuous Directional Lifelines or Equivalent Devices

During evacuation drills, miners shall physically locate continuous directional lifelines or equivalent devices and stored self-rescue devices.

Subject Specific Instruction Plan

Location, Quantity, Type(s) of SCSR’s________________________________ Types, and Use of Stored SCSR’s Quantity of SCSR’s in each cache____________________

Location of SCSR’s cache(s) – Denoted on the 75.383 escapeway map and 75.1200 mine map.

SCSR cache storage locations

  • Primary escapeway locations – brattice No.(s): __________________________________________

__________________________________________

  • Alternate escapeway locations – brattice No.(s): __________________________________________

__________________________________________

SCSR cache storage locations were determined by 45-minute travel time (walking/crawling).

SCSR’s will be used to evacuate the mine while traveling through any hazardous atmosphere.

Location and Use of Lifelines will be installed in the primary and alternate Continuous Directional escapeways and will be securely attached to applicable Lifelines or Equivalent escapeway entry caches of SCSR’s. Directional indicators Devices will be designed such that they will reliably guide evacuees out of the mine in an emergency situation.

Coal Reclamation Fund Tax Enforcement ProceduresDoc ID: DMLR-P-3312

Original: 1,135 words
Condensed: 920 words
Reduction: 18.9%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.12

PROCEDURES MANUAL ISSUE DATE February 27, 2002 SUBJECT Coal Surface Mining Reclamation Fund Section Enforcement (Pool Bond Fund) Tax Reporting/Payment Last Revised 3/12/97

OBJECTIVE AND INTENT :

To ensure the Enforcement section takes the appropriate action when the permittee fails to submit an accurate and timely “Coal Surface Mining Reclamation Fund Tax Reporting Form” (DMLR-PT-178), or fails to pay the applicable Fund taxes or special assessments in a timely manner.

PROCEDURES :

Reporting of Permits “Not in Compliance” with Tax Return Submission Requirements - Within 45 days after the close of each calendar quarter, OFS will review the Pool Bond Activity Log. The activity log will show any permits that have failed to submit the required “Coal Surface Mining Reclamation Fund Tax Reporting Form” (DMLR-PT-178). These permits will be deemed “Not in Compliance” by OFS. OFS will contact appropriate representatives of the non-compliant permits via telephone notifying them they have 10 working days to submit the DMLR-PT-178 and any taxes due on the non-compliant permit. The OFS Fiscal Technician will record the date, time, and name of the representative contacted into the activity log for future reference.

If a permit remains non-compliant and no DMLR-PT-178 is filed within the 10 working days following notification, OFS will contact the Reclamation Services Manager or his designee. The OFS Fiscal Technician will provide copies of the original notice, Pool Bond Cap Report, and Pool Bond Activity Log. The Reclamation Services Manager or designee will discuss the situation with, and provide this information to, the appropriate Supervisor.

The Supervisor shall contact the appropriate Inspector, and instruct him or her to investigate or verify the status of the permit(s) he or she inspects. The Inspector shall determine the status of coal production for the applicable quarter.

If the Inspector determines that coal was mined, processed, or loaded at the permit during the applicable quarter, and an accurate “Coal Surface Mining Reclamation Fund Tax Reporting Form” (DMLR-PT-178) was not filed with OFS, the Inspector shall issue a 2 part NOV requiring the permittee to:

  1. submit the DMLR-PT-178 form, and
  2. pay the applicable taxes.

4 VAC 25-130-801.15 (a) and (b) shall be referenced in the NOV, using performance standard code RT.

The Inspector shall allow no more than 15 days for the permittee to comply with both parts.

If the Inspector determines that coal was not mined, processed, or loaded at the permit during the applicable quarter, or completion materials were approved during that quarter and DMLR-PT-178 indicating “0 tonnage” production was not filed, the Inspector shall issue a NOV requiring the permittee to submit the reporting form.

  • 4 VAC 25-130-801.15 (a) shall be cited under performance standard code RT, and no more than 15 days shall be given for abatement.

NOTE: A “Coal Surface Mining Reclamation Fund Tax Reporting Form” is required for the same quarter in which completion materials are approved; however, the form is not required thereafter. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.12

PROCEDURES MANUAL ISSUE DATE February 27, 2002 SUBJECT Coal Surface Mining Reclamation Fund Section Enforcement (Pool Bond Fund) Tax Reporting/Payment Last Revised 3/12/97 Request for Verification of Questionable Coal Surface Mining Reclamation Fund Tax Reporting Form - Upon receipt of a questionable reporting form from the Permit Section, the Reclamation Services Manager shall notify the Field Inspector or Supervisor.

The Inspector will conduct the necessary investigation to determine if the report form was accurate. If the Inspector’s investigation reveals the reported status as accurate, no action is necessary. However, the Inspector shall check the appropriate block on the Inspection Report (DMLR-ENF-044) and discuss his findings in the narrative.

Should the form contain a minor discrepancy (i.e. incorrect listing of the reason for “0” production, wrong permit number, etc.), the Inspector shall:

  • instruct the permittee to submit a corrected reporting form to the DMLR within 15 days.
  • prepare a memo to the Supervisor explaining the problem and documenting that the situation was discussed with the permittee.
  • forward the memo, along with the questionable reporting form, to the Supervisor as soon as possible, but not later than two weeks from receipt of the form.

Upon receipt of the material, the Supervisor will forward it on, along with the weekly reports, to the Reclamation Services Manager.

If the Inspector determines that coal was mined, processed, or loaded at any time during the applicable quarter, and the DMLR-PT-178 did not accurately indicate this, he or she shall issue a 2 part NOV requiring the permittee to:

  1. submit the corrected DMLR-PT-178, and
  2. pay the applicable taxes.

4 VAC 25-130-801.15 (a) and (b) shall be referenced in the NOV, using performance standard code “RT”.

The Inspector shall allow no more than 15 days for the permittee to comply with both parts.

The Enforcement Secretary shall prepare a quarterly report for forwarding to OFS summarizing enforcement action on the forms, attaching the forms with the discrepancies highlighted.

Coal Surface Mining Reclamation Fund Assessments - Should the permittee fail to submit payment of any “special assessment” required under 45.1-270.4:1 of the Act, the Inspector shall issue a NOV to the permittee.

The notice shall allow the permittee no more than 15 days to submit payment of the “special assessment”.

Historical Trend of Tonnage Reported by the Operator - This data is provided by OFS. The Reclamation Services Manager will forward a copy of the information to the appropriate Supervisor and Inspector.

The Inspector shall review the historical tonnage trend at the particular permit. If false or inaccurate reporting is suspected, the Inspector shall prepare a memo setting forth the basis of the suspicion. The memo must also document that the Inspector notified the permittee of his or her concern. (This notice would allow the permittee an opportunity to submit a written response to the DMLR to rebut the Inspector’s preliminary determination.)

The memo shall be forwarded to the Supervisor with the Inspector’s recommendation for enforcement action. The Supervisor will forward the information to the Reclamation Services Manager. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.12

PROCEDURES MANUAL ISSUE DATE February 27, 2002 SUBJECT Coal Surface Mining Reclamation Fund Section Enforcement (Pool Bond Fund) Tax Reporting/Payment Last Revised 3/12/97 The Reclamation Services Manager shall review the Inspector’s findings and any rebutting information submitted by the permittee. If the Reclamation Services Manager concludes that grounds exist to suspect false or inaccurate reporting on the permittee’s part, a letter to the permittee shall be prepared. The letter shall be sent by certified mail (return receipt requested) and shall inform the permittee of the Division’s right and intent to audit the relevant books and records upon which the taxes paid were based.

(Note: The Division may audit the relevant books and records at any time and for any reason per Section 45.1-270.5C of the Act.) 3

Abandoned Mineral Mine Inventory ProtocolDoc ID: DMM-G-OLP

Original: 5,896 words
Condensed: 5,459 words
Reduction: 7.4%

Abandoned Mineral Mining Inventory Protocol

Prepared for the Virginia Department of Conservation and Recreation

Virginia Department of Mines, Minerals, and Energy Division of Mineral Mining

April 15, 1997 Revised January 2001 Revised June 2003 Table of Contents

  1. Introduction ………………………………………………………………………3
  2. Orphaned Land Program …………………………………………………………4
  3. NPS Protocol ……………………………………………………………………..5
  4. Sample Site Investigations ………………………………………………………..10
  5. References …………………………………………………………………………15
  6. Appendix A ………………………………………………………………………16

Orphaned Mined Land Site Investigation Form ……………………………..17

  1. Appendix B ………………………………………………………………………28

Site Investigation Form Field Descriptions …………………………………29 i Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003

  1. Introduction

Extraction of minerals from the earth has been occurring in Virginia since pre-colonial times. Early mining was accomplished in the Austinville area of Wythe County, which was a prominent source of lead from the Civil War to the 1960’s. Other minerals obtained in Virginia include barite, copper, gold, iron, manganese, mica, silver, and titanium. Currently over 77,000,000 tons of non-coal minerals are mined annually in Virginia.

Legislation passed in 1968 by the General Assembly has helped minimize the adverse effects of mining on the environment by requiring sites to be reclaimed. Sites that were last mined before 1968 are not covered by legislation and are termed “Orphaned Land.” According to a study by the U.S. Soil Conservation Service over 10,000 acres of land in Virginia can be categorized as orphaned lands. These sites have a variety of problems associated with them that pose threats to the environment. These problems include:

  • Severe gully erosion * Acid drainage * Acid soil conditions * Poor vegetative growth * Eyesore to community * Trash dumps * Toxic waste dumps

One of the attractive environmental benefits offered by reclaiming abandoned mineral mine sites is the potential for wetlands development. At various sites, hydrological conditions exist that will promote the sustenance of plant species that exist as wetlands.

Reclamation plans have been designed by DMM that expand the acreage of wetlands in Virginia and foster habitat for desirable life forms. 1 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003

  1. Orphaned Land Program

The Orphaned Land program had its beginnings with legislation that was passed in 1978. This legislation created the Mineral Reclamation Fund, which is a State managed industry self-bonding program. Operators pay into the fund based on the number of acres disturbed by their operation and receive money back after their lands have been reclaimed. Funding to reclaim lands that existed before 1968 consists of interest from the Mineral Reclamation Fund.

Sites are identified through complaints from local citizens, identification by DMME field staff or by watershed using the NPS Protocol. Identified sites are investigated using an evaluation system that converts site characteristics into three (3) numerical scores that represent environmental, safety, and exposure concerns. Once a year the sites investigated are presented to an orphaned land advisory committee (OLAC) for evaluation and prioritization of the order of reclamation. This committee consists of individuals from the Division of Mineral Resources, the mineral mining industry, Virginia Polytechnic Institute and State University, the Department of Transportation, the U.S. Natural Resources Conservation Service, the Department of Environmental Quality, and private citizens. Based on the recommendation of the OLAC committee, further studies will be conducted at the site, reclamation plans developed, and reclamation of the sites contracted out via a public competitive bid contract. 2 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003

  1. NPS Protocol

In order to better integrate reclamation of mineral mines with the state’s Nonpoint Source (NPS) pollution program, a protocol has been developed which incorporates information that is important to the NPS program with the investigation of orphaned lands. This protocol will also allow for comprehensive, systematic investigation of mines sites based on Virginia’s high priority NPS watersheds. The steps followed for this protocol are as follows:

  1. Watershed Identification
  2. Location Information
  3. Literature Review
  4. Site Investigation Planning
  5. Site Investigation
  6. Data Entry
  7. OLAC Ranking
  8. Reclamation
  1. 1 Watershed Identification

Watersheds are identified for investigation from the Department of Conservation and Recreation most recent Biennial NPS Pollution Water Quality Assessment report.

Watersheds that have high NPS pollution potentials are selected from the report.

Selections are made from the high priority watersheds based on DMME/DMM knowledge of orphaned lands. The Department of Environmental Quality TMDL priority list is another source, where mining is listed as a contributing factor, used to select watersheds.

As data is compiled using the inventory process, results are maintained in electronic format. The files are distributed to other state/federal agencies as required.

The data is suitable for transfer to a Geographic Information System (GIS) format.

  1. 2 Location Information

When a watershed(s) has been selected for investigation, the mines in that watershed are identified and located. This step involves locating mine sites on hard copy USGS 1:24,000 topographic maps using the Virginia Hydrologic Unit Atlas. Delineation of the watershed on the various topographic maps can be accomplished by locating common features that the watershed boundary follows on the topographic maps, locating watershed divides as indicated by contour lines pointing downhill, and locating ridge tops that the watershed boundary would follow on the topographic maps.

Mine sites can be located using different methods. Mine site latitudes and longitudes can be obtained from either the Mineral Resources Data System (MRDS) or the Mineral Industry Location System (MILS) databases and then used to place locations on the topographic maps using a longitude-latitude ruler. Directions and distances for 3 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 locating mine sites can also be obtained from the Location Comments field in the MRDS database. Some of the larger sites may already be indicated on the topographic maps by a mine symbol, thus speeding the process of locating them. Mine sites may also be located from the DMM Abandoned Permit database.

  1. 3 Literature Review

Many of the larger sites in the state with recorded production have been investigated for their geologic characteristics and described in publications by the Virginia Department of Mines, Minerals, and Energy, Division of Mineral Resources (DMR) and the USGS. In many instances, these sources contain detailed maps of mined areas which can be very helpful in locating mine features once on site and descriptions of mining activities which can aid in determining the extent of the mining and the hazards which may still exist at the site. Publications by these agencies generally group information by commodity or by geographic area of the state. Some publications which have proven useful thus far include the following:

Area

Epenshade, G. H., 1954, Geology and mineral deposits of the James River-Roanoke River manganese district, Virginia: U. S. Geol. Survey Bull. 1008, 115 p.

Gathright, T. M., II, Henika, W.S. and Sullivan, J. L. III, 1978, Geology of the Crimora quadrangle, Virginia: Virginia Division of Mineral Resources Publication 13, text and 1:24,000 scale map.

Nelson, W. A. 1962, Geology and Mineral Resources of Albemarle County: Virginia Division of Mineral Resources Bulletin 77, 92 p.

Rader, E. K., and Webb, H. W., 1979, Geologic factors affecting land modification, Warren County, Virginia, Publication 15, text and 1:50,000 scale map.

Commodity

Sweet, P. C. and Rowe, W. W. Jr., 1984, Selected Virginia mineral - resource information: Virginia Division of Mineral Resources Publication 51, 28 p.

Sweet, Palmer C., Richard S. Good, James A. Lovett, Elizabeth V. M. Campbell, Gerald P. Wilkes, and Lesley L. Meyers. Copper, Lead, and Zinc Resources in Virginia.

Virginia Division of Mineral Resources. Publication 93. Charlottesville 1989.

Watson, T. L. 1907, Mineral Resources of Virginia: J. P. Bell and Company, Lynchburg, Va., 618 p.

  1. 4 Site Investigation Planning 4 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Prior to going out into the field, the topographic maps that have the mine sites plotted on them should be examined to determine the order to visit sites in. The order should be selected based on their proximity to accessible roads, proximity to each other, and the magnitude of the likely environmental impacts at the site. Generally, sites listed as mines in the databases will have larger impacts than those described as prospects, though some sites may be listed as both a mine and a prospect depending on the database examined.

Proper site investigation planning also involves having all necessary supplies available at the time of the investigation. A brief list of supplies that should be maintained during a trip includes:

  • Record/log book with pages treated for wet weather work
  • Digital camera or film camera w/slide film
  • Camera batteries
  • Writing instruments (pens and pencils)
  • Compass/Global Positioning (GPS) unit
  • Sampling equipment for pH, conductance, and temperature
  • First-aid kit

These supplies should always be checked and restocked prior to leaving for an investigation so a portion of the investigation will not need to be repeated.

  1. 5 Site Investigation

The goal of the site investigation is to document the condition of the site so it can be ranked for reclamation by OLAC. This goal is achieved by recording descriptive information about the site on the Orphaned Mined Land Site Inventory Report maintained in an electronic database on a DMME server computer. A copy of a sample report is included as Appendix A and Appendix B presents instructions for obtaining the data. The information collected at the site is compiled and reduced to the categories of Exposure, Environmental, and Safety Hazards. For each of these three categories, a numerical score is developed which indicates the magnitude of the problems at a site.

The larger the numerical score the greater the problem at the site.

Site sampling at this stage consists of measuring pH, conductance, and temperature of waters in or draining from the site. This sampling is performed using digital measuring equipment capable of calibration with standard solutions. Based on site conditions, additional field sampling may include soil pH. If a stream is present in the area, observations will also be made on the presence of invertebrates in the stream as well as other aquatic life. Additional sampling will be performed if conditions indicate that other problems may exist. Some indicators which would precipitate the need for laboratory sampling would include:

Acidic drainage 5 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Iron precipitate Lack of invertebrates in stream Lack of other aquatic life Oily film on water Presence of trash and debris Presence of suspected toxic materials Commodity mined Processing which occurred at site.

Any of these conditions could prompt additional sampling, of varying degrees.

  1. 6 Data Entry

Once back from the site, data for the site should be entered onto the DMME computers within five working days of the site investigation. The data is entered on an Orphaned Mined Land Site Inventory Report now maintained in an electronic database on a DMME server computer. The data entry is accomplished over the World Wide Web using secure passwords.

  1. 7 OLAC Ranking

A meeting of the Orphaned Land Advisory Committee is convened once per year to evaluate and rank the Orphaned Land Sites investigated for the previous year. Slides of the sites are presented along with a summary report of the site investigation. Sites are voted on by Committee members and given rankings of A, B, or C, which represent the following:

A = Highest Priority, reclamation of all these sites occurs first B = Medium Priority, reclamation occurs after all A sites are complete.

C = Low Priority, reclamation will occur after all A and B sites are complete or site naturally reclaimed.

All sites investigated using either the NPS watershed inventory system or through the complaint system utilize the protocol developed. Each mine will be ranked by OLAC independently based on its own merits and not on the number, or types, of sites which have been investigated for the year. All “A” priority sites will then be evaluated to ascertain if the problems associated with the site are environmental, public safety, or both. “A” priority sites will then be reclaimed based on cost of reclamation, exposure risk, severity of the problem, and other individual parameters. A minimum of $50,000 per year of available funds will be allocated to eliminating NPS pollution in priority watersheds. In addition, annual proposals for funding of watershed projects to the Environmental Protection Agency’s (EPA) NPS Pollution Abatement Program, as well as to other available grant programs will be submitted on selected projects/watersheds.

Grant funds will be matched using either Orphaned Land Funds or available general funds. 6 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003

  1. 8 Reclamation

After the OLAC ranking process is complete, reclamation work will begin on sites with an A rating first. The process for reclamation involves developing reclamation plans, competitively bidding the work, and then using the contract to complete the reclamation work. Before construction can begin, consents of entry to the site are obtained along with any relevant permits and approvals required by other state and federal agencies. 7 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003

  1. Sample Site Investigations - 1997

As part of this project and in conjunction with the Orphaned Land Program, 19 site investigations were conducted during 1996-97. An additional 10 sites were investigated but no evidence of mining activity was positively identified. The sites placed on the inventory can be generally grouped into the categories of manganese mines along the Blue Ridge mountains, or all mine sites in high priority watersheds in Warren and Essex counties. These sites covered 129 acres of land. Typical conditions encountered at these sites included unstable, eroding soils, steep rock high walls, trash dumps, open shafts, and portions of structures and equipment. A summary of the location information of the sites investigated is listed in Figure 1 below. The hazards found on these sites and the hazard scores assigned to them are included in Figure 2.

The total hazard rating for each site listed in these figures is the individual environmental and safety ratings for a site added together. This figure can be used as a general indicator of the magnitude of the problems at the site and the amount of cleanup that is necessary at the site. The more acres and mine features associated with the site the higher the total hazard rating is and the more cleanup that will be involved with the site. Examples of the two ends of the spectrum in the numbers for the total hazard rating are the Cold Spring Clay Pits and the Rexburg Sand Pit. The Cold Spring Clay Pits site had the highest score in the rating system with a total hazard rating of 600. This site contains many acres of severely denude lands that also pose safety hazards due to persons who try to climb its steep walls and spoil piles. The Rexburg Sand Pit on the other hand is about 1/20th the size of the Cold Spring Clay Pits and only has several hundred square feet of unvegetated area, thus its much lower overall score of 14.

Watershed Inventory

Several of the sites listed in the inventory were a part of an effort to conduct a comprehensive inventory in the state’s high priority watersheds. Two high priority watersheds in Clarke and Warren county were selected for inventory. These watersheds were B41, Lower South Fork Shenandoah River, and B55, Upper Shenandoah River.

Mining sites in these watersheds have been broken into the following three categories: Abandoned Sites - Located, Abandoned Sites - Unlocatable, and Active Permits. The investigations in these watersheds produced the following results:

Figure - B55, Upper Shenandoah River 8 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Abandoned Sites Located

Seible Mine

Interstate Stone Corp. Quarry

Southern Railway Quarry

Abandoned Sites - Unlocatable

Interstate Stone Mine #3

McCarty Pit

Sealoch MIne

Active Permits

Rappawan Lumber

Riverton Corporation

Figure - B41, Lower South Fork Shenandoah River

Abandoned Sites Located

Calamus Creek Quarry

Gooney Manor Mine

Happy Creek Mine

Rudacill Prospect

Skyline Crushed Stone Co. Quarry

Virginia and Pittsburgh Copper Co. Prospects Abandoned Sites - Unlocatable

Bailey Nickel Prospect

Poe Property Prospect

Active Permits 9 Acre2510555125520020.50.5700.501520.510.512

GravelGravelGravelGravelGravelGravel Mineral andandandandandand ManganeseManganeseManganeseIronManganeseManganeseManganeseManganeseManganeseSandSandSandSandSandSandClayStoneStoneStoneStoneStoneCopperStoneCopperStoneCopper

HU#B31B31B31B41B55B40I36I36L29E23E23E23E23E23E23B30B55B55B55I35B41B41B41B41B40B41

20031997 County15,June AugustaAugustaAugustaWarrenWarrenPageAugustaAugustaCampbellEssexEssexEssexEssexEssexEssexAugustaWarrenWarrenWarrenRockbridgeWarrenWarrenWarrenWarrenWarrenWarren AprilRev. 10 Longitude079-02-31W079-00-30W078-59-55W078-09-17W078-08-28W078-21-29W079-05-18W079-05-40W079-16-24W076-53-39W076-52-53W076-55-52W076-54-33W076-59-10W076-55-06W079-06-59W078-07-55W078-08-37W078-09-52W079-24-28W078-15-05W078-14-27W078-06-28W078-12-28W078-14-54W078-12-19W Latitude37-45-00N37-58-05N37-56-40N38-54-47N38-55-37N38-46-09N37-56-02N37-55-45N37-13-32N37-53-21N37-53-33N37-53-12N37-53-36N37-56-26N37-55-56N37-57-37N38-55-33N38-56-55N38-56-50N37-47-43N38-52-24N38-52-59N38-57-13N38-53-47N38-52-05N38-50-55N Investigations Prospects Site Co. for Quarry Name Co. Copper Pits PitPit Quarry Pit PitGravel Quarry Sand Quarry Gravel Pits Corp. Stone #3 Orphan Campground and Information Mine Pit Gravel MineQuarryPittsburgh Clay MineGravel Prospect WorkingsInventory MineStone Mine Swamp Creek MineMine Sand Limestone andCreekProspect Fork CrushedManor Run CreekMine Subdivision Railway Mine MNForkGravel SpringMine Mt.Hollow Torry John'sKennedyMt.HappySeibleComptonRedMNWood'sHenleyBraysSturgeonLongistRexburgRidgeColdSouthernInterstateInterstateSpencerSkylineGooneyCalamusVirginiaGooneyRudacill IdentificationMineral

  1. 9612196122961239612496125961269612796128971299713097131971329713397134971359713697137971389713997140971419714297143971449714597146 Inventory#Abandoned Figure 4 7150 14560016 32 281514 59.5 733745805513214 21.6 Total 176.75

88714127771218 511211216 7 20161724230 Exposure

7 12007612 15 1512127140 0301623335296827128 Safety

4 5 4 7 1332010 40216122847 9.614 524 29.514.75 Environmental

SLPE Hazards 20031997 PPIT,WTR IMP 15,June STR HIGH Safety LPIT, HIGH,WTR, AprilRev.

11 LPITSFT,LPIT,SLPELPITTNL,EQP,LPIT SHFT LPIT,SLPE LPIT,SLPE LPIT,HIGH,WTRLPIT,HIGH,WTRLPIT,HIGH,WTR,STRSHFT,HIGHPPIT,HIGHPPIT

UNV ERO, Environmental EROAMD,STNERO ERO ERO,AMD UNVEROUNVAMD, TRSH Prospects Co. Summary Quarry Name Co. Copper Pits PitPit Quarry Sand Quarry Hazard Pit PitGravel Quarry Gravel Pits Corp. Stone #3 Orphan MineQuarry Campground and Mine Pit Gravel Clay Pittsburgh MineGravel Prospect WorkingsInventory MineStone Mine Swamp Creek MineMine Sand Limestone andCreekProspect Fork CrushedManor Run CreekMine Subdivision Railway Mine MNForkGravel SpringMine Mt.Hollow Torry Investigation John'sKennedyMt.HappySeibleComptonRedMNWood'sHenleyBraysSturgeonLongistRexburgRidgeColdSouthernInterstateInterstateSpencerSkylineGooneyCalamusVirginiaGooneyRudacillMineral Site

  1. 9612196122961239612496125961269612796128971299713097131971329713397134971359713697137971389713997140971419714297143971449714597146 Inventory#Abandoned Figure 20031997 15,June AprilRev. 12

Inventory Mine Quarry Pit Drainage orPits Slope Pit Definitions:MineMineral Unvegetated Trash Highwalls Shaft Large Prospect Impoundment Erosion Water-filled Unstable Equipment CodeAcid Tunnel Structure = = = = = = = = = = = = = =Abandoned HazardAMDEQPEROHIGHIMPLPITPPITSHFTSLPSTRTNLTRSHUNVWTRAbandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003

  1. References

Epenshade, G. H., 1954, Geology and mineral deposits of the James River-Roanoke River manganese district, Virginia: U. S. Geol. Survey Bull. 1008, 115 p.

Gathright, T. M., II, Henika, W.S. and Sullivan, J. L. III, 1978, Geology of the Crimora quadrangle, Virginia: Virginia Division of Mineral Resources Publication 13, text and 1:24,000 scale map.

Jarrett, A.R. Water Management. Pennsylvania State University Engineering Copy Center. 1992.

Nelson, W. A. 1962, Geology and Mineral Resources of Albemarle County: Virginia Division of Mineral Resources Bulletin 77, 92 p.

Rader, E. K., and Webb, H. W., 1979, Geologic factors affecting land modification, Warren County, Virginia, Publication 15, text and 1:50,000 scale map.

Sweet, P. C. and Rowe, W. W. Jr., 1984, Selected Virginia mineral - resource information: Virginia Division of Mineral Resources Publication 51, 28 p.

Sweet, Palmer C., Richard S. Good, James A. Lovett, Elizabeth V. M. Campbell, Gerald P.

Wilkes, and Lesley L. Meyers. Copper, Lead, and Zinc Resources in Virginia. Virginia Division of Mineral Resources. Publication 93. Charlottesville 1989.

U.S. Department of Interior, Bureau of Mines. 1995. Spatial data extracted from the Minerals Availability System / Mineral Industry Location System (MAS/MILS). Special Publication 12-95.

U.S. Department Interior, Bureau of Mines. 1993. Abandoned Mine Land Inventory and Hazard Evaluation (Draft).

U.S. Geological Survey. 1996. Mineral Resources Data System (MRDS). Digital Data Series DDS-20. Release 1.

Watson, T. L. 1907, Mineral Resources of Virginia: J. P. Bell and Company, Lynchburg, Va., 618 p.

Western Interstate Energy Board. Inactive and Abandoned Noncoal Mines. 1991. 13 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003

  1. APPENDIX A 14 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 VA Department of Mines, Minerals and Energy Division of Mineral Mining

Orphaned Lands Inventory Report

A. SITE IDENTIFICATION B. SITE HISTORY C. SURROUNDING SITE

D. PHOTOS E. SITE MAP F. EXPOSURE

G. ENVIRONMENTAL H. SAFETY I. MONITORING

J. REFERENCES K. INTERVIEW

A. SITE IDENTIFICATION:

Date of Inspection: 7/17/2002 Inventory Author: ALLEN BISHOP

DMM Number: DMM03914 Acres: 100

MRDS Number: Author Affiliation: VA DMME - DMM

Site Name: MRV HUC: N08

Minerals: GRANITE Quadrangle: Austinville County: Wythe Longitude: 80.9503 Latitude: 36.8441

OLAC Ranking:

Project Number: Environmental Score: 40

Brownfield Potential: No Safety Score: 150

OLAC Notes: Exposure Score: 39

Directions:

TAKE THE FORT CHISWELL EXIT OFF OF I-81. TAKE A RIGHT AND TRAVEL APPROX. 2

MILES, TAKE ANOTHER RIGHT ON TO IVANHOE/ROUTE 94 AND

TRAVEL APPROX. 10 MILES. TAKE A LEFT ONTO RIVERVIEW/ROUTE 39 TOWARD THE NEW

RIVER TRAIL. KEEP GOING UP RIVERVIEW UNTIL END OF ROAD

ACROSS FROM ALMOND AND BLUE TRAILER.

Property Owner: MS. BARKER

Owner Address: Phone Number:

909 RIVERVIEW RD. 276-233-9132

IVANHOE, VA. 24350 276-699-9625

B. SITE HISTORY:

Mine Owner: NATIONAL CARBIDE

Date Last Mined: Date First Mined:

MineType: Quarry without water Shafts on Site: 15 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Depth Below (feet): 150 Workings Length:

Pit Size:

100 ACRES

Notes on Site History:

USED FOR NATIONAL CARBIDE PLANT IN IVANHOE, HUGE QUARRY, NO WATER

C. SURROUNDING SITE:

Weather:

CLEAR, HOT, HUMID Air Temperature: 95

Foliage: SUMMER Precipitation: NONE

Topography: STEEP

PAGE 1 OF 3

D. PHOTOS: 1Number of Photos:10 Path to Photos: (\\WEBBSG\dmmolac\DMM03914\)

E. SITE MAP:

Sketch Map for site: No Sketch Map File Name:

F. EXPOSURE: Site Visibility Site Access: gravel road Visible from road: no

Site Access Notes:

TRAILER MOVED IN TO WITHIN 100 FEET OF STEEP WALLS Site visibility from homes: visible Estimate of Homes: 1 - 10 homes

Nearest Community: IVANHOE

Notes on Nearest Community and Nearby Homes:

Nearby Recreation Areas:1 mile, high useRecreation Area Name: NEW RIVER TRAIL

Site Usage: evidence of visitation, light Notes on Site Usage:

SOME HUNTING, HARD TO GET TO

G. ENVIRONMENTAL:

Acid Drainage Notes:

Acres of Denuded Vegetation: 16 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Rills on site: No Trash on site: Yes Gullies on site: No Hazardous materials on site: No

Potential Ground Water Contamination: Minimal

Potential Surface Water Contamination: Minimal

Receiving Stream:

Upstream Downstream At Mine Site

Conductivity

Temperature

Conductivity Units:

Environmental Notes:

Existing Wetlands on site: No Potential for dredge material disposal if east of Fall Line:No Potential Wetlands on site: No

Wetland Notes:

H. SAFETY:

Mine Site Hazards: Severe

No. of Vertical Caved Entrances: Number of Vertical Open Entrances:

PAGE 2 OF 3

Toxic Chemicals and/or Toxic Chemical / Explosives Notes: Explosives at site: No

Potable Water Supplies at At Risk Potable Water Supply Notes: risk: No

No. of Horizontal Caved Entrances: Number of Horizontal Open Entrances:

Horizontal Entrance Notes:

Existence of High Walls at High Wall Notes: the site: Yes

Existence of Impoundments at Impoundment Notes: site: No

Existence of Unstable Slopes Unstable Slope Notes at site: Yes

Existence of Subsidence Subsidence Area Notes: Areas: No

Number of Mine Dumps on site: Mine Dump Notes: 17 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Structure/Equipment Evaluation: None

Structure / Equipment Notes:

I. MONITORING:

Monitoring Results:

J. REFERENCES:

Reference Results:

K. INTERVIEWS:

Name of Person Interviewed: MS BARKER Date of Interview: 7/17/2002

Notes on Interview: Nephews playing, realized that there was a lot of danger

1 RECORDS LISTED 18 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003

  1. APPENDIX B 19 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Orphaned Lands Inventory Report

The following are a set of guidelines and sources of information for completing the investigation of each site.

A. Site Identification

DMM Inventory No. - Use the last two digits of the year of the investigation followed by the number in the orphaned land inventory for this site. Earlier site investigations included abbreviations for the county that the site was located in and the primary commodity from the site as portions of this code.

MRDS Record No. - This number can be obtained from the MRDS database on the DMME computer system. Other locations for this number include the hard copy of the MRDS database in the file drawer with the site inventory folders and in site description in DMR publications.

Site Name – Specify using the following format: MRV(quad#)_(site#) such as MRV206C_204.

Quad numbers are per DMR designation as are site numbers on the quad. If a site is investigated that does not have a Site Number, the next available site number for that quadrangle is used.

Mineral(s) Mined - This information can be obtained from either MRDS or MILS, where it is available.

County - Both MRDS and MILS hard copies are sorted by county, thus this information can be identified by finding the entry for a particular site in these databases.

Quadrangle - Can be found in the MRDS database or by using the USGS topo map index which can be found in the library or at the publications sales desk to identify which particular map a site is located on.

Hydrologic Unit - Locate the site in the Virginia Hydrologic Unit Atlas and identify the hydrologic unit on which the site falls.

Latitude and Longitude - This information is collected in the field from a GPS unit, or other source, and entered as a decimal value (e.g., 38.90876).

Location - Enter the directions for someone to access the site here. Directions can be found in the on-line version of MRDS or can be created by viewing a topographic map of the site location.

Property Owner - Sometimes the owner is identified in the MRDS database. Otherwise, this information may come from local records on deeds and taxes. 20 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Evaluation Scores (Environmental, Safety, and Exposure) - The values entered in these blanks are the totals for each category that are entered at the bottom of the page for each category.

B. Site History

Mine Operator - Primarily from MRDS database, but could also come from, interviews of locals, or county records.

Date Last Mined - From MRDS database, interviews of locals, or county records.

Mine Type - From MRDS database, interviews of locals, or county records.

Description of workings - From MRDS database, interviews of locals, or county records.

Narrative - From MRDS database, interviews of locals, or county records.

C. Surrounding Site

Weather – general observations

Surrounding topography - This entry can include descriptions of slope and physical features such as hills, mountains, ridges, and water features.

Archeological or historical sites - Determine from topo maps and site visitation. Prominent historical sites will likely be identified as recreational sites. Other sites may be judged based on their age and amount of preservation.

D. Photos

List the number of photos taken; this entry will provide spaces on the server for storing the photos. Photos are transferred from the camera to the server computer as digital images. The transfer is made after a record has been created on the server for a particular site. The link between a set of photos and a particular inventory record is the DMM# assigned to the site.

E. Site Map

If a sketch of the site is made, it should be in digital format using the “Draw” tools on a computer application program such as MS Word. The resulting sketch is transferred to the database in the same manner as a photo.

E. Exposure

Access - Determine closest access from topo maps. Identify the site and the area within 1/2 mile 21 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 of the site, then determine the level of road that falls within this area. Any new roads or road upgrades should be identified on the site visit.

Number of homes - The number of homes in the area identified in the previous step should be counted up and entered here. Verification of this number should be made on the site visit.

Proximity to recreation areas - Use a topo map in a manner similar to the previous two entries, but using different distances. Recreational area usage can be approximated by the number of people that the site is intended to be used by at one time, as indicated by the parking provided at the area. Low use areas would have parking for less than 10 vehicles, Medium use areas 10-30 vehicles, and high use areas more than 30 vehicles.

Site Usage and History - Assign a score to this entry based on the descriptions given in the entry.

This description could be determined from the number of contour lines across a given distance on a topo map, descriptions of the soil families in the soil survey, or site visitation. Values from this description should not necessarily be used for determinations of erosion, because spoil piles, tailings piles, and site excavations, where erosion is occurring may have different slopes than the surrounding land.

Land use of surrounding area - An initial assessment of land use can be made from topo maps and the soil survey. Land use can be grouped into the following categories: Agricultural Forest Developed (Housing/Small business) Industrial Grassland Wetlands

G. Environmental

Note: The entries for acres for each problem in this section are made using investigator judgment, therefore are meant to be approximations.

Note: Environmental problems are rated by assigning 10 points for each acre of the site affected by severe problems, and fewer points for each acre of less severe problems.

Erosion - approximate measure of acreage eroded on site 22 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Acidic Drainage - Surface waters lying on and flowing through and from mine soils should be tested for pH and the lowest value recorded in this entry along with an estimate of the acreage affected.

Flow rate (GPM) - The following procedure from the U.S. Department of the Interior, Bureau of Mines, Abandoned Mine Land Inventory and Hazard Evaluation Handbook will be used where seeps are of significant quantity:

“To determine water flow rate, find a relatively straight section in the water channel, preferable 0.9 m (3 ft) long, and determine the average width and depth. Use a small piece of twig or similar item to determine the flow rate (time to travel 3 ft., for example and determine the time (in seconds) for the object (twig) to travel the given distance (e.g. 3 ft). Calculate gallons per minute as follows:

60 sec/min x length (in inches) x average width (in inches) x average depth (in inches) (231 in3/gal) x time (in sec)

or

(0.26) x length x width x depth = gpm time

where: Length, width, depth in inches; time in seconds.”

pH - The pH of any water found on site will be taken using a calibrated pH indicator. conductance - The conductivity of any water found on site will be taken using a calibrated conductivty indicator. temperature - The temperature of any water found on site will be taken using a calibrated thermometer.

Acidic Soil Conditions - Soils in and around the site should be tested for pH. Areas directly affected by mining such as spoil piles and tailings ponds need tested along with undisturbed areas which may be affected during runoff events. Enter the lowest pH tested.

Lack of Vegetation - Include areas which have less than 50 percent of the vegetation of surrounding area in this acreage.

Trash dump - Include areas in or adjacent to mined areas which have household trash (automotive, furniture, cans, etc.). Some dumps may have industrial waste, but this waste, which may include machinery or chemicals, will generally fall into the next category) 23 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Hazardous/Toxic Materials -Heavy metals - assign points in this category based on the presence of acid mine

drainage and mined materials which are susceptible to heavy metal drop out.

Known carcinogens - These hazards are indicated by the item in the dump (ie old

transformers are sources of PCB's) or containers found at the location (pesticides).

Groundwater Contamination Shafts present - Shafts may be a direct route for pollution on the land surface to reach groundwater or speed up the rate at which subsurface pollution reaches lower level groundwater.

Water-filled pits - The presence of water in a pit indicates that the mine is below the water table and groundwater is affected by the same problems as found on the surface.

On-site pollutant identified in adjacent well - Pollution from a mine site has already reached and spoiled a drinking water or agricultural water source if this condition exists.

Surface Water Contamination: Receiving Stream - Enter the surface water bodies that water from the mine site flows into up to a hydrologic unit for DSWC. Small streams may be identified from topo maps. pH - Enter the pH of the water as it first enters the receiving stream from the mine site.

Impact - Estimate the distance downstream from the mine site which: remains acidic or shows sign of reduced aquatic fish and plant populations.

Visual Compatibility - Rate the site on whether its vegetation and topography resembles adjacent unmined areas. If the mine area can be seen from a paved state road, the visual compatibility points are doubled.

Environmental Score - Sum up values for each entry on this and the previous page.

Wetlands - Look for general indicators of wetlands, such as wet, marshy conditions even after a dry spell, vegetation such as cat tails, black, rich soils that are indicative of water logged conditions. For the second blank, whether there is enough area and possible conditions for constructing wetlands for a Department of Transportation wetlands banking program. Sites that would be good for wetlands banking would be in soils that are already supporting vegetation.

H. Public Health and Safety Hazards

Vertical (shaft) Openings - Enter the number of suspected shafts and then characterized them as wet, dry, caved, or accessible.

Toxic chemicals and explosives - Note if any chemical drums or explosive equipment is on site. 24 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 Drinking water source threatened - Indications of a threat to the drinking water would be toxic or hazardous chemicals at the mine site and an indication that these chemicals could be transported to a drinking water source, such as groundwater lying in a pit or a shaft through which water could travel.

Horizontal (tunnel/adit) openings - Enter the number of suspected adits and then characterize these openings as caved or accessible.

Highwalls - Highwalls are edges of mining operations that rise vertically from the land surface 20 feet or more.

Dangerous impoundment - Impoundments are "walls," usually composed of soil and rock, which are storing water. Impoundments are considered dangerous if the water level is near the top of the structure and threatening to overtop it, or there are signs that the impoundment may give way, such as movement in the impoundment wall are water seeping through the wall.

Dangerous slide area / unstable slopes - These areas may be indicated by the presence of some soil movement already, steep slopes, and the lack of soil at their base.

Subsidence - Subsidence is indicated by depressions in the soil surface above mine tunnels.

Mine dumps - Areas of land with piles of material removed from the mine. These piles may be much higher than the surrounding landscape and have steep slopes which may be dangerous.

Pits in mine area - Pits are the portions of mine areas that were excavated into the ground.

Often, pits have filled with water and/or been used as a trash dump.

Equipment and structures - Equipment or facilities to remove and excavate material may still exist on the site. This entry should be rated according to the descriptions that accompany each point value.

Safety Score - Sum up values for each entry on this page.

I. Monitoring

Use this section to record monitoring completed in addition to the monitoring recorded above.

J. References

Sources of information for completing the site investigation, either written or from an interview 25 Abandoned Mineral Mine Inventory April 15, 1997

Rev. June 2003 should be identified here.

K. Interviews

Use this section to detail any interviews conducted pertinent to the site investigation. 26

Mine Water and Gas Inundation Investigation ProceduresDoc ID: DM-P-10502

Original: 417 words
Condensed: 352 words
Reduction: 15.6%

DIVISION OF MINES

CHAPTER: V Investigations

PROCEDURES MANUAL

PROCEDURE NO: 1.05.02

ISSUE DATE: January 1, 1997 SUBJECT: Inundation of LAST REVISED: 10/00

Water and Gas

OBJECTIVE AND INTENT

To provide procedures for investigation of an inundation incident at an underground mine involving water or gas in order to safely and efficiently determine causes and address necessary preventive measures to control reoccurrence.

PROCEDURE

1. ARRIVAL AT THE MINE SITE

 A Closure Order may be issued under Section 45.1-161.91 A. (ii) as may be necessary to preserve the scene of such accident during the investigation of the accident.

 Ensure that investigation efforts are handled in a safe manner by adhering to the following preliminary precautions:

a. Ensure that electrical power going underground is deenergized, locked, and tagged out as appropriate for conditions. b. Ensure the fan is operating c. Maintain an accurate check-in/check-out system of people entering and leaving the mine. d. Assume water and poisonous gases are always present until proven otherwise. e. All personal equipment must be kept calibrated and maintained in proper working condition at all times.

 Evaluate the situation status including the following information:

a. Location and number of employees involved in investigation. b. Establish communications (if possible, maintain communication at all times). c. Check involved area on map (up-to-date, elevation, location of old or abandoned works, distance to surface and escapeways). d. Check fan. (1) Maintain for operation (2) Check for charts and gauges (3) Monitor return air for gases Rv. 10/00 1-2

2. INVESTIGATION DATA COLLECTION

 Investigate incident scene and question witnesses and management to obtain details leading to the cause of the incident.

 Check available mine records relating to the incident.

 Interview all witnesses and other personnel having potential knowledge of the incident.

 Issue appropriate Notices of Violation and Orders of Closure as the situation may necessitate.

 Update the supervisor prior to the end of the normal working day on preliminary details and status of investigation.

3. DETAIL REPORT OF INVESTIGATION

 A report will be prepared after the investigation is completed by the Inspector or Specialist. The complete report will render circumstances/cause of the incidents and contain recommendations for the prevention of similar incidents. DM personnel will provide a copy of the certificate of inspection to the mine operator or his agent, one copy to the employee’s representative, and one copy will be posted at a prominent place on the mining premises where it may be reviewed by the employees.

Rv. 10/00

2-2

Ownership and Control Investigations in ReclamationDoc ID: DMLR-P-2205A

Original: 1,740 words
Condensed: 1,569 words
Reduction: 9.8%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

2.2.05A

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

AVS - O/C Investigations

Section

Permitting

Last Revised 8/18/00

OBJECTIVE AND INTENT:

To ensure DMLR properly investigates each alleged ownership and control link (situation where a person or company may have owned or controlled an entity with a bond forfeiture, outstanding violation(s), or unpaid fees and civil penalties).

GENERAL:

O/C = ownership and control

AVS = Applicant Violator System

The Reclamation Program Manager - Permitting will coordinate all O/C-AVS investigations and will ensure the relevant information is entered into the AVS.

The O/C information will be evaluated by the Reclamation Program Manager - Permitting for each finding which alleges a potential link. Based upon the findings of the review, a recommendation to accept or reject the alleged link or to seek additional information will be made.

PROCEDURES:

DMLR personnel serving as investigators in this process shall have access to DMME/DMLR records and any other information which the agency may obtain in the course of making an O/C determination pursuant to 4 VAC 25-130-700.5 and Parts 4 VAC 25-130-773 and 4 VAC 25-130-778.

The sources of information may include, but are not limited to:

  • DMME/DMLR permitting and licensing records.
  • DMME/DMLR automated systems.
  • Office of Surface Mining (OSM) records.
  • OSM automated systems (AVS, AML, Enforcement/Administration, & MSHA data bases).
  • Virginia State Corporation Commission records.
  • Circuit Court Records (leases, liens, etc.).
  • County Commissioner of Revenue records (severance taxes).
  • Interviews with coal company personnel, state officials, and federal officials.
  • Documentation (leases or other contracts) provided by or subpoenaed from the company owning or controlling the coal which was mined.

In the event a company fails to provide the investigator with copies or adequate documentation of leases, contracts, or other written agreements between the companies or persons involved, the investigator will submit a written request for a subpoena to the Reclamation Program Manager - Permitting. If the Reclamation Program Manager - Permitting concurs with the request, a subpoena will be prepared and served upon the appropriate party(ies). The Reclamation Program Manager - Permitting may have the 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

2.2.05A

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

AVS - O/C Investigations

Section

Permitting

Last Revised 8/18/00 appropriate authority serve the subpoena on the party(ies), or may elect to send such by certified mail (return receipt requested).

Ownership and Control Determination:

After gathering the relevant information, the investigator will review the data to determine whether a possible O/C link to a violator exists (per 4 VAC 25-130-700.5 - definition of “owned or controlled” and Parts 4 VAC 25-130-773 and 4 VAC 25-130-778).

For each review, the investigator will prepare a written “findings of fact” and a preliminary determination.

  • In the event the preliminary determination indicates no O/C link was or is present, the investigator’s finding will state such and the review will be concluded. This determination will be forwarded to the Area Supervisor to ensure that the information is recorded in the AVS records.
  • For cases in which an O/C link is determined to exist or is presumed to have existed, the investigator will forward the findings and determination to the Reclamation Program Manager
  • Permitting. The Reclamation Program Manager – Permitting and the Reclamation Services Manager will evaluate the information and make a recommendation whether the link exists, does not exist, or whether additional research is needed.

If a final determination can be made from the information obtained , the Reclamation Program Manager - Permitting and will ensure that the relevant information is documented in the AVS case file and appropriate information entered into the automated tracking system.

Presumption Determination:

In a situation where the investigation and determination reveals a “presumed” O/C link, the Reclamation Program Manager - Permitting shall cause a due process (30 days) letter to be written to the entity alleged to have the O/C link. The letter (sent by certified mail) shall set forth the DMLR’s determination and inform the entity of its right to rebut or refute the allegation.

If the entity submits a response to rebut or refute the presumption determination, the Reclamation Program Manager - Permitting shall review the new information in an expeditious manner.

  • If the response or rebuttal is sufficient and successful, the Reclamation Program Manager -Permitting will inform the entity in writing that its rebuttal was accepted and the Division’s records would (based upon the present information) be amended to show that no O/C link existed.
  • If the rebuttal is insufficient and unsuccessful, the Reclamation Program Manager - Permitting will inform the entity in writing of that determination. The relevant O/C data will be entered into the AVS within 30 days. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

2.2.05A

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

AVS - O/C Investigations

Section

Permitting

Last Revised 8/18/00 If the entity does not respond within 30 days from receipt (or refusal to claim) of the Division’s presumption determination, the Reclamation Program Manager - Permitting shall notify the entity (by letter) that the O/C information and determination would be entered into the AVS. The letter would also inform the entity that this action would block its future permitting ability.

In the event the Division cannot make a final determination at the end of a 90 day period (from the presumption determination), the Reclamation Program Manager - Permitting will have the O/C data entered into the AVS. However, the DMLR will continue to investigate the case until a final determination can be made and all relevant O/C data is entered into the AVS.

Enforcement Action:

In addition to the presumption letter, the Field Inspector will issue a non remedial NOV to the entity for failing to list in its permit, renewal, or revision application(s) all the companies that it may have had an ownership and control relationship with.

Also, if the permittee has not listed the violator in the existing permit, the Reclamation Program Manager - Permitting shall issue a letter with a 30 day deadline to resolve the established O/C link. If the permittee fails to resolve the outstanding issues action will be taken in accordance with Section 4VAC25-130-773.20 concerning improvidently issued permits. When the O/C link issues are resolved the permittee would be required to amend the existing permit to include the additional O/C information if the link has not been severed.

O/C Agreements:

4 VAC 25-130-773.15(b) precludes a company with outstanding violations, unpaid civil penalties or fees, or bond forfeitures from obtaining a permit. This also applies to those held to “own or control” such entity.

An entity which has been determined to have an O/C link (or is in the process of having such determination rendered), may submit a written proposal to the DMME/DMLR for abating any outstanding violations or paying outstanding civil penalties or fees. The proposal may request to perform reclamation work as a means to satisfy its obligation.

The Reclamation Program Manager - Permitting will coordinate the proposal review with the Reclamation Services Manager, Reclamation Program Manager - Chief Engineer, and Assessments Officer (when civil penalties are involved).

A proposal to perform reclamation must specifically detail how the reclamation will be accomplished and the dates for initiation and completion of reclamation. 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

2.2.05A

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

AVS - O/C Investigations

Section

Permitting

Last Revised 8/18/00 If the Division accepts the proposal, an agreement shall be prepared and signed by the entity. The agreement would not be executed until such time that it is accepted and signed by the DMME Deputy Director. The date of the signing would constitute execution of the agreement.

In the event the entity proposes to settle a civil penalty debt for less than the full amount, the Assessments Officer will prepare a draft agreement and justification for DMME/DMLR management consideration.

  • If the amount of the civil penalties is equal to or greater than $50,000, the settlement proposal for less than the full amount must be reviewed and approved by the DMME Director, Attorney General, and the Governor before the agreement can be executed.
  • If the amount of penalties is less than $50,000, the settlement proposal for a lesser amount must be approved by the DMME Director and the Attorney General.

The proposed agreement and supporting materials will address all other remedial measures the entity has proposed to perform to resolve its situation. Once the draft proposal is completed, it will be forwarded to the Reclamation Program Manager - Permitting. The proposal will be reviewed by the Division Director, DMME Deputy Director, and the Assistant Attorney General. Once the proposal package is finalized, the Reclamation Program Manager - Permitting will forward it to the DMME Deputy Director for action by the Director, Attorney General, or Governor.

If the agreement is approved by the Attorney General or Governor, it will be returned to the DMME for the Deputy Director’s signature. The Reclamation Program Manager - Permitting shall ensure a copy of the executed agreement is provided to the entity, Division Director, Reclamation Services Manager, Assessments Officer, and the Deputy Director.

Record Keeping:

After an agreement has been properly executed, copies shall be distributed as previously discussed and where applicable to the following:

  • DMLR Inspector(s).
  • OSM’s Big Stone Gap field and Lexington, Kentucky AVS offices (The AVS office will use the information to override procedures so that permitting actions may be conditionally approved.)

The Permit Review Specialist will enter the information (presumption letters and O/C investigations) into the DMLR tracking system, and will file the agreement and pertinent file materials in the AVS office.

Follow-up: 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

2.2.05A

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

AVS - O/C Investigations

Section

Permitting

Last Revised 8/18/00 For agreements which require field remediation, the Field Inspector will monitor (frequency for active sites) the required work to ensure all phases, deadlines, and requirements for the reclamation plan are met. The Inspector shall prepare an inspection report documenting the compliance activities and submit such to the attention of the Reclamation Program Manager - Permitting and copied to the Reclamation Services Manager and Area Supervisor.

Once all the remedial work required by the agreement is completed and documented in an inspection report, the frequency of inspection shall be the same as for an abandoned or completed site for the period required for final release in accordance with Section 4VAC25-130-840.11(g)(h) (per the laws and regulations which applied to the site at the time of bond forfeiture). 5

Underground Shot Firer Certification RequirementsDoc ID: DM-C-USF

Original: 331 words
Condensed: 266 words
Reduction: 19.6%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

UNDERGROUND SHOT FIRER

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Underground Shot Firer * This certification authorizes the holder to perform blasting operations, pre-blasting and post-blasting examinations, and handle corrective measures in misfired shots in underground coal mines.

NOTE: This certification shall not be used in lieu of any other certification.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Two years coal mining experience underground, one year of the two years shall be handling and using explosives underground under the direction of a certified underground shot firer or appropriately related work experience approved by the Chief of the Division of Mines ƒ Hold a General Miner Certification ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

EXAMINATION REQUIREMENTS: A score of 85% on each element of the examination.

ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Principles of Blasting (PB) 20 ƒ Surface Storage (SS) 20 ƒ Underground Storage (US) 20 ƒ Underground Transportation (UT) 20 ƒ First Aid (FA) 20 ƒ Federal Regulations (FR) 20 ƒ Gas Detection - practical demonstration

RECOMMENDED REFERENCE/STUDY MATERIALS: ƒ Title 30 CFR ƒ Mining Laws of Virginia ƒ BCME Requirements ƒ Underground Shot Firer Study Guide ƒ First Aid for Miners Study Guide ƒ Mine Gases Packet

The above mentioned materials are available at the Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and the Keen Mountain Field Office (276) 498-4533.

  • Continuing education required. See BCME Requirements. (effective August 25, 2004)

Revised 06/02/08

Mine Safety Training ProceduresDoc ID: DM-P-10701

Original: 812 words
Condensed: 578 words
Reduction: 28.8%

DIVISION OF MINES

CHAPTER: VII Training And

PROCEDURES MANUAL

Accident Reduction

PROCEDURE NO: 1.07.01

ISSUE DATE: January 1, 1997 SUBJECT: Technical Instruction

LAST REVISED: 01/29/99

OBJECTIVE AND INTENT

To ensure that training and retraining services are delivered to customers in an efficient, timely manner, providing quality instruction which prepares individuals for certification examinations and understanding of mine health and safety standards and practices.

GENERAL

Technical Instructors will plan, schedule, and conduct various training activities in classroom settings and at other onsite locations to deliver quality training services consistent with the Coal Mine Safety Laws of Virginia, rules and regulations.

PROCEDURE

1. SCHEDULING OF CLASSES FOR CERTIFICATION AND RECERTIFICATION

 All request for scheduling of classes and for registration to participate in scheduled classes will be coordinated with the Office Services Specialist in Big Stone Gap assigned to maintain class scheduling.

 Scheduled classes, times and locations, will be distributed to local newspapers, with assistance from the Public Relations Manager, and flyers will be distributed by DM personnel to be posted at mine sites.

 Classes will be offered using DM facilities at Big Stone Gap and Keen Mountain and in other locations convenient and economical for students within the region.

Classroom facilities will be maintained in clean and orderly fashion.

 Non-state facilities that require a fee should not be used unless there is no other alternative.

 Request for classes other than those advertised will be provided based upon customer need and availability of DM resources.

Rv. 1/29/99; 10/00 1-3

2. PROGRAM OF INSTRUCTION

 Technical instructors are to develop and use structured programs for each course taught. The programs will be written and outlined to ensure that course content meets all applicable state and federal laws, rules and regulations and relevant program standards.

 Materials such as transparencies, summary handouts, maps, electrical drawings, practice tests, schematics, and other similar study aids will be prepared and distributed by instructors for use in teaching.

 Whenever possible practical, hands-on methods of instruction will be utilized. For example, CPR mannequins, practical first aid exercises, working with electrical test meters and panel boards, calibrating and using gas test equipment, using and training in the use of SCSR’s, and other hands-on applications achieve the most effective learning results.

 The following basic programs of instruction will be provided by DM Technical Instructors:

a. Mine Foreman - underground b. Mine Foreman - surface c. Electrical Repairman/Maintenance Foreman/Chief Electrician d. Advanced First Aid e. Diesel Engine Mechanic f. Hoisting Engineer g. Automatic Elevator Operator h. New Miner/General Coal Miner i. Underground Shot Firer j. Surface Blaster k. Mine Gas Detection

 In addition to basic program of instruction, Technical Instructors will be prepared to deliver retraining for miners in the following areas:

a. Annual Electrical b. Annual Diesel Engine Mechanic c. Annual refresher (Part 48 Surface & Underground) d. Annual refresher (Part 75 Supervisory) e. Biannual Advanced First Aid f. Biannual Continuing Education For Certified Mine Foremen

2-3

3. CONDUCT OF CLASSES

 DM sponsored classes are to be conducted in a professional and well organized manner. The instructor is responsible for establishing and ensuring that these standards are met.

 Classes are to be scheduled and conducted such that minimum instruction hours are met where required by law or regulation.

 Accurate records of class attendance and hours of instruction by participants are to be established and maintained by the instructor.

 Teaching methods which encourage participation and discussion will be emphasized to the extent possible and practical. Students and instructors should provide individual feedback on understanding of subject material and progress or lack there of in the course presentation.

 A class evaluation form is to be provided each participant at the completion of the class or course of instruction. The responses returned are to be reviewed by the instructor and his supervisor, and considered in evaluating the class or course effectiveness.

4. PREPARATION/PARTICIPATION IN EXAMINATIONS

 The instructor will review the requirements for those students seeking certification or renewal of certification to include where applicable: a. Application and fee requirements b. Experience verification c. Required copies of 5000-23 as needed d. General examination procedures

 The instructor will prepare a roster of personnel who have completed training and are scheduled for examination. The roster should be provided to the certification section in Big Stone Gap at least two weeks prior to the scheduled examination date.

 When processing a roster for general coal miner certification the instructor should indicate the appropriate code for either surface or underground to enable issuing the correct card identification.

 An instructor or other designated DM personnel will be present at scheduled examinations to offer assistance in answering appropriate questions and to grade the examinations and maps. Also, gas detection qualification and general coal miner training will be routinely provided at the time of scheduled examinations.

Rv. 1/29/99

3-3

Virginia State Reclamation PlanDoc ID: DMLR-SRP

Original: 11,257 words
Condensed: 10,594 words
Reduction: 5.9%

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS & ENERGY

DIVISION OF MINED LAND RECLAMATION

STATE RECLAMATION PLAN

DIVISION OF MINED LAND RECLAMATION

P.O. DRAWER 900

BIG STONE GAP, VA 24219

PHONE: 276-523-8100

Revised 09/99

1 TABLE OF CONTENTS PAGE Introduction…………………………………………………………… 3 Governor’s letter of designation [884.13 (a)]….….………………. 5 Legal Opinion [884.13(b)]…………………………………………… 6 Purpose of the State Reclamation Program [884.13 (c)(1)]......... 7 Ranking and Selection [884.13 (c)(2)].......................................... 8 Coordination With Other Programs [884.13 (c)(3)]....................... 23 Land Acquisition, Management and Disposal [884.13 (c)(4)]....... 25 Reclamation on Private Land [884.13 (c)(5)].............................… 35 Rights of Entry [884.13 (c)(6)]....................................................... 40 Public Participation Policies [884.13 (c)(7)]................................... 43 Organization [884.13 (d)(1)].......................................................... 45 Staffing Policies [884.13 (d)(2)]..................................................... 49 Purchasing and Procurement [884.13 (d)(3)]................................ 50 Accounting System [884.13 (d)(4)]................................................ 51 Location of Known or Suspected Eligible Land and Water [884.13 (3) (1)]............................................................… 54 Description of Problems Occurring on Lands and Waters [884.13 (e)(2)].........................................…….…..................... 55 Reclamation Proposals [884.13 (e)(3)]......................................... 56 Economic Base [884.13 (f)(1)]............................................…....... 59 Aesthetic, Historical or Cultural, and Recreation Values [884.13 (f)(2)].....................................….... 62 Endangered and Threatened Plant, Fish, Wildlife and Habitat [884.13 (f)(3)].............................................…....... 65

2 INTRODUCTION

On August 3, 1977, Congress enacted the Surface Mining Control and

Reclamation Act (SMCRA), Public Law 95-87. Under Title IV of this Act, each

state, having an approved surface coal mining regulatory program, is eligible to

participate in a cooperative Federal-State program to reclaim abandoned mine

land (AML). Following the Department of the Interior, Office of Surface Mining's

(OSM) approval of a State surface coal mining regulatory program, the State

may submit a plan, in accordance with regulations set forth in 30 CFR 884.13, to

conduct an AML Reclamation Program. This document fulfills the requirements

of 30 CFR 884.13, "Content of Proposed State Reclamation Plan," for the

Commonwealth of Virginia, Department of Mines, Mineral, and Energy

(DMME)/Division of Mined Land Reclamation (DMLR).

This plan is based upon the best available information regarding the

criteria set forth in 30 CFR 884.13. The Virginia Plan was originally approved

December 15, 1981. The plan was amended February 03, 1987, to include the

following revisions: organization, project selection, reclamation on private land,

rights of entry, public participation and establishment of State emergency

reclamation program. These amendments were approved effective November

13, 1987.

This second amendment to the State Plan includes: public water supplies,

3 interim program sites, prioritization, AML eligibility for mine fires, refuse sites,

acid mine drainage, remining, water project eligibility extended to primacy and a

general streamlining of the entire document to more closely parallel the

requirements for "Contents of proposed state reclamation plan" 30 CFR 884.13.

The primary purpose of the second amendment to the state plan is to

incorporate the SMCRA 1990 amendments and the Energy Policy Act of 1992.

Further amendments to the state plan may occur as necessary to reflect future

law and regulatory changes affecting the Virginia AML Program.

The document is available for public review upon request to the

administering State agency, the Virginia Department of Mines, Minerals and

Energy/Division of Mined Land Reclamation, P. O. Drawer 900, Big Stone Gap,

VA 24219.

4GOVERNOR'S LETTER OF DESIGNATION 884.13 (a)

5          LEGAL OPINION 884.13 (b)                                                         PURPOSES OF THE STATE RECLAMATION PROGRAM 884.13 (c) (1)

Virginia's AML program focuses on reclaiming those areas adversely

impacting the public safety, health and general welfare and areas contributing to

environmental degradation consistent with Sections 401 through 414 of the

SMCRA (PL 95-87).

Virginia's AML program will provide for the reclamation of lands and

waters affected by past mining, in order to restore these lands and waters to a

safe, productive and environmentally sound use, in accordance with Virginia's

conservation and land reclamation policies. The Virginia AML program will

identify and prioritize the adverse effects of past coal mining, provide planning

procedures and administer reclamation.

In order to maximize the reclamation activities with the finite amount of

reclamation funds, the Division of Mined Land Reclamation will encourage AML

reclamation through remining pursuant to the approved Title V regulatory

program. This remining reclamation concept will reduce overall reclamation cost

by utilizing active mining operations to reclaim AML sites.

7 RANKING AND SELECTION 884.13 (c) (2)

The Virginia AML program uses a priority system, which recognizes the

five AML problem priorities as described in Title IV, Section 403 of SMCRA that

are:

  1. The protection of public health, safety, general welfare, and property

from extreme danger of adverse effects of coal mining practices;

  1. The protection of public health, safety, and general welfare from

adverse effects of coal mining practices;

  1. The restoration of land and water resources and the environment

previously degraded by adverse effects of coal mining practices

including measures for the conservation and development of soil,

water (excluding channelization), woodland, fish and wildlife,

recreation resources, and agricultural productivity;

  1. The protection, repair, replacement, construction or enhancement of

public facilities such as utilities, roads, recreation, and conservation

facilities adversely affected by coal mining practices; and

  1. The development of publicly owned land adversely affected by coal

mining practices including land acquired as provided in Title IV for

recreation and historic purposes, conservation, and reclamation

8purposes and open space benefits. Projects lower than a priority two will not be undertaken until all known higher priority coal projects have either been accomplished, are in the process of being reclaimed, or have been approved for funding by the OSM. Lower priority projects may, however, be undertaken in conjunction with a priority one or two site in accordance with OSM's "Final Guidelines for Reclamation Programs and Projects." Proposed projects will be selected through utilization of the inventory and complaint investigations. Lower priority projects may be funded when all known high priority coal problems have either been reclaimed, are in the process of being reclaimed, or grant funds have been committed to the project.

Eligible Coal Lands and Water Coal lands and water are eligible for reclamation activities if: (a) They were mined for coal or affected by coal mining processes; (b) They were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition; and (c) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal government, or as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount         9 forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional monies from the Fund may be sought. (d) Coal lands and waters damaged and abandoned after August 3, 1977, by coal mining processes are also eligible for funding if: (1) They were mined for coal or affected by coal mining processes; and (2) The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977, and December 15, 1981; and (i) that any funds for reclamation or abatement that are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or (ii) November 5, 1990, that the surety of the mining operator became insolvent during such period and that, as of November 5, 1990, funds immediately available from proceedings relating to such insolvency or from any         10 financial guarantee or other source are not sufficient to

provide for adequate reclamation or abatement at the

site; and

The site qualifies as a Priority 1 or 2 site pursuant to Section

403 (a)(1) and (2) of the Surface Mining Control and

Reclamation Act (SMCRA). Priority will be given to those sites

that are in the immediate vicinity of a residential area or that

have an adverse economic impact upon a community.

To determine eligibility for both emergency and non-emergency projects,

the DMLR shall review and document in writing the mining history of a site

(dates). The DMLR shall also document as a part of the eligibility findings that

there is no continuing reclamation responsibility under the state or federal law.

Eligibility documentation will be kept on file in the DMLR’s AML section. DMLR

will provide OSM a written finding by the DMLR Director when determining site

eligibility for both non-emergency and emergency AML construction.

11 Set Aside Funds

In accordance with Section 402(g)(6) of SMCRA, Virginia may, without

regard to the 3 year limitation referred to in Section 402 (g)(1)(D) of SMCRA,

receive and retain up to 10 percent of the total grants made annually under

Section 402 (g)(1) and (5) of SMCRA by the Secretary for deposit into either:

a special trust fund established under State law pursuant to which

such amounts (together with all interest earned on such amounts) are

expended by Virginia solely to achieve the priorities stated in Section

403(a) of SMCRA after September 30, 1995, or

an acid mine drainage abatement and treatment fund established

under State law as provided for under 30 CFR Part 876. An interest

bearing acid mine drainage abatement and treatment fund will be

utilized by Virginia, in consultation with the Natural Resources

Conservation Service, to implement acid mine drainage abatement -

treatment plans approved by the Secretary of the Interior.

These plans shall provide for the comprehensive abatement of the causes

and treatment of the effects of acid mine drainage within qualified hydrologic

units affected by coal mining practices. The plan shall include, but shall not be

limited to, each of the following:

(a) An identification of the qualified hydrologic unit.

12 (b) The extent to which acid mine drainage is affecting the water quality

and biological resources within the hydrologic unit.

(c) An identification of the sources of acid mine drainage within the

hydrologic unit.

(d) An identification of individual projects and the measures proposed to

be undertaken to abate and treat the causes or effects of acid mine

drainage within the hydrologic unit.

(e) The cost of undertaking the proposed abatement and treatment

measures.

(f) An identification of existing and proposed sources of funding for

such measures.

(g) An analysis of the cost-effectiveness and environmental benefits of

abatement and treatment measures.

Under this program, the term qualified hydrologic unit means a hydrologic

unit:

(a) in which the water quality has been significantly affected by acid

mine drainage from coal mining practices in a manner which

adversely impacts biological resources; and

(b) which contains lands and water that are:

  1. eligible pursuant to Section 404 and include any of the

priorities stated in SMCRA paragraph (1), (2), or (3) of Section 13 403 (a); and

proposed to be the subject of the expenditures by the State

from amounts available from the forfeiture of bonds required

under Section 509 or from other State sources to mitigate acid

mine drainage.

Utilities and Other Facilities

The Virginia AML program may expend up to 30 percent of the funds

granted annually in accordance with SMCRA, for the purpose of protecting,

repairing, replacing, constructing, or enhancing facilities relating to water supply;

including water distribution facilities and treatment plants, to replace water

supplies adversely affected by coal mining practices. If the adverse effect on

water supplies occurred both prior to and after August 03, 1977, the project shall

remain eligible, notwithstanding the criteria specified in 30 CFR 874.12 (b), if it is

found in writing as part of DMLR’s eligibility opinion that such adverse affects are

due predominately to effects of mining processes undertaken and abandoned

prior to August 03, 1977. Such utilities or facilities will be funded by AML monies

only after all other sources of possible funding have been identified and

satisfactory explanation has been received by DMME regarding why this project

is not being fully funded by other sources. To enhance public facilities, it must

be demonstrated that: monies from other sources are either not available or

such sources are contributing their fair share of construction funds; there is an 14urgent need to undertake the project which gives it the same or higher priority

than other projects remaining on the coal site inventory; and the enhancement of

the facility is necessary to achieve the objectives of Title IV of SMCRA.

Enhancement of facilities or utilities pursuant to the above stated criteria shall

include upgrading necessary to meet any local, State, or Federal public health or

safety requirement. Enhancement shall not include, however, any areal

expansion of a utility or facility not necessary to address a specific AML

problem.

Reclamation Projects Receiving Less Than 50% Government Funding

An abandoned mine land reclamation project may be considered for

government-financed construction under Virginia program §4 VAC 25-130 Part

707. If the level of government funding for the construction will be less than fifty

percent of the total cost because of planned coal extraction, the procedures of

this section apply. Such coal removal will be conducted in conformity with

Virginia program §4 VAC 25-130 Part 707 and the regulatory definitions for the

terms “extraction of coal as an incidental part,” “government financing agency,”

and “government-financed construction” contained within the Virginia regulatory

program regulations at §4-VAC-25-130-700.5.

In considering such AML construction, the DMLR AML Section (Title IV

authority) will consult with the DMLR Reclamation Services Section (Title V

authority) to make the following determinations:

  1. The likelihood of the coal being mined under a Title V permit. The 15 determination will take into account available information such as:
  • Coal reserves from existing mine maps or other sources;
  • Existing environmental conditions;
  • All prior mining activity on or adjacent to the site;
  • Current and historic coal production in the area; and
  • Any known or anticipated interest in mining the site.
  1. The likelihood that nearby or adjacent mining activities might create new

environmental problems or adversely affect existing environmental

problems at the site.

  1. The likelihood that reclamation activities at the site might adversely affect

nearby or adjacent mining activities.

After the above consultation, if it is decided that a government-financed

reclamation project is to proceed, then the DMLR AML Section and DMLR

Reclamation Services Section must concur to in the following determinations:

  1. The limits on any coal refuse, coal waste, or other coal deposits which can

be extracted under §4-VAC-25-130 Part 707 and the Virginia regulatory

definition of “government-financed construction” at §4-VAC-25-130-700.5;

and

  1. The delineation of the boundaries of the AML project.

16 All of the above determinations, the information taken into account in

making the determinations, and the names of the parties making the

determinations will be documented in the AML project file. For each project,

DMLR AML Section will:

  • Characterize the site in terms of mine drainage, active slides and slide-

prone areas, erosion and sedimentation, vegetation, toxic material, and

hydrologic balance;

  • Ensure that the reclamation project is conducted in accordance with the

provisions of 30 CFR Subchapter R;

  • Develop specific-site reclamation requirements, including performance

bonds when appropriate in accord with State procedures; and

  • Require the contractor conducting the reclamation to provide prior to the

time reclamation begins applicable documents that clearly authorize the

extraction of coal and payment of royalties.

The contractor shall be required to obtain a coal surface mining permit

under the Virginia Coal Surface Mining Reclamation Regulations (Title 4 of the

Virginia Administrative Code) for any coal extracted beyond the limits of the

incidental coal specified in the AML project file.

General Selection and Ranking

Proposed reclamation projects are evaluated in terms of the factors stated 17in this section. These factors are used to determine whether or not proposed

reclamation will be undertaken and to assign priorities to projects intended to

meet the same objective. In general, the factors include:

(1) The need for reclamation work to accomplish one or more of the

specific reclamation objectives.

(2) The specific benefits of reclamation that is desirable in the area in

which the work will be carried out. Benefits to be considered

include, but are not limited to:

(a) Protection of human life, health or safety.

(b) Protection of the environment, including air and water quality,

abatement of erosion and sedimentation, fish, wildlife and

plant habitat, aesthetics, historic or cultural resources and

recreation resources.

(c) Protection of public or private property.

(d) Abatement of adverse social and economic impacts of past

mining on persons or property including employment, income

and land values or uses, or assistance to persons disabled or

dislocated by past mining practices.

(e) Improvement of environmental conditions, which may be

considered to generally enhance the quality of human life.

(f) Improvement of the use of natural resources, including post

reclamation land uses which: 18(i) Increase the productive capability of the land to be reclaimed. (ii) Enhance the use of surrounding lands consistent with existing land use plans. (iii) Provide for construction or enhancement of public facilities. (iv) Provide for residential, commercial or industrial developments consistent with the needs and plans of the community in which the site is located. (3) The acceptability of any additional adverse impacts to people or the environment that will occur during or after reclamation and of uncorrected conditions, if any, that will continue to exist after reclamation. (4) The costs of reclamation. Consideration shall be given to both the economy and efficiency of the reclamation work and to the results obtained or expected as a result of reclamation. (5) The type and extent of damage, analysis of further degradation that may potentially occur, species and habitat resources present or formerly present that may be recovered, and the potential for reclamation.         19 These factors are considered by DMLR in determining those projects that

are incorporated into the annual grant submission. Generally, these projects are

evaluated using site evaluation matrix (figure 1). Projects are ranked from

highest to lowest scores.

In selection and prioritizing acid mine drainage projects, such as

Appalachian Clean Stream initiative projects, the DMLR will not use the site

evaluation matrix form. Instead, DMLR will recognize the flexibility available to

raise water quality problems or project to a higher priority (Priority 1 or 2) when

the problems have an adverse economic impact upon a community; and DMLR

will apply such criteria in assigning AML project priorities.

Parameters and relative weighting values assigned for use in the site

evaluation matrix and Water Project Evaluation Guide (figure 2) have been

developed by DMLR reclamation professionals to reflect the priorities set forth in

Section 403(a) of SMCRA.

AML Emergency Program

Provisions for a state emergency program are provided through Chapter

19, Title 45.1 of the Code of Virginia (VSMCRA). The DMME/DMLR's

Abandoned Mine Land Section is responsible for investigation, eligibility findings

and reclamation of all emergencies. DMME will comply with all Federal and

State regulations while abating emergency situations and:

(1) Ensure that personnel are dispatched to problem site in a timely 20manner. (2) Inform OSM of problem sites having the potential for emergency conditions and conduct investigations with OSM as necessary. (3) Ensure that personnel responsible for handling the complaint obtain all pertinent information. (4) If conditions warrant, notify appropriate emergency assistance organizations and local authorities of conditions at problem site to ensure that immediate protective steps are taken such as fencing, street closing, etc. Also, take temporary measures, as necessary, to protect the public until abatement can be initiated. (5) Determine if other local or state institutions can and will correct problem. (6) Determine if the site is an eligible abandoned mine as described in the Ranking and Selection Section (Eligible Coal Lands and Water) of this plan. (7) Note any procedures required by NEPA, NHPA, Endangered Species Act, Clean Water Act or any other federal, state or local requirements imposed for protection of the environment. (8) Obtain a final determination from OSM that an emergency exists or does not exist.         21    

AML WATER PROJECT EVALUATION

Project Name: _________________________________________________________

County: ________________ Planning District ________________ Date: __________

Criteria

Points I. Public Health & Safety Impacts (30 points)

Major

= 30 points

______

Moderate

= 20 points

______

Minor

= 10 points

______ II. Number of Households to Benefit (25 points) 76 or more

= 25 points

______ 51 - 75

= 18 points

______ 26 - 50

= 12 points

______ 25 or less

= 6 points

______ III. Appropriate Project Cost / Affordability (15 points) A. Appropriate Project Costs (10 points) Costs per residential connection: $0 - $9,999

= 10 points

______ $10,000 - $14,999

= 6 points

______ $15,000 - $19,999

= 3 points

______ $20,000 or more

= 0 points

______

B. Affordability (5 points) Costs for 4,500 gal. of treated water: $0 - $19.99/mo.

= 5 points ______ $20.00/mo.-$24.99/mo.

= 3 points ______ $25.00/mo.-$29.99/mo.

= 2 points ______ $30.00/mo or more

= 1 point ______

IV. Level of Commitment of Non-AML Funds (15 points) 51% or more of total project cost

= 15 points ______ 26% - 50% of total project cost

= 13 points ______ 11% - 25% of total project cost

= 10 points ______ 6-10% of total project cost

= 5 points ______ 1-5% of total project cost

= 1 point ______

V. Application Data Provided (15 points) Excellent

= 15 points

Good

= 10 points

Fair

= 5 points

VI. AML Bonus Award (0-5 points)

______ TOTAL (maximum points = 105)

______

figure 2   COORDINATION WITH OTHER PROGRAMS 884.13 (c) (3)

The DMLR is an active member of the AML Advisory Committee. This

committee provides broad program guidance, input and advice to both the Rural

Abandoned Mine Program (RAMP) and the State AML Program. The manager

of the AML Section, as a representative of the DMLR, prepares and delivers

summary descriptions of activities in the State AML Reclamation program during

committee meetings. Membership on the Committee is maintained from a

representative group of various State and Federal environmental agencies,

educational institutions, and customer groups.

The U. S. Department of Agriculture, Natural Resources Conservation

Service (NRCS), in Virginia has entered into Memoranda of Agreement (MOA)

with the various Soil and Water Conservation Districts throughout the

Commonwealth of Virginia. These MOA's enable the RAMP to be administered

at a local level by the District Conservationist and staff. The DMLR coordinates

with the NRCS in selecting RAMP projects from Virginia's National AML

Inventory database. This process eliminates duplication and ensures that the

highest priority projects are selected for funding.

The Virginia AML program follows an approved consultation process

involving a number of federal and state agencies having either direct or indirect

23interests in proposed reclamation projects. Consistent with Federal Assistance

Manual requirements to assure compliance with the National Environmental

Policy Act, DMLR consults with federal and state agencies to prepare

environmental assessment documents on all proposed reclamation projects (A

list of agencies consulted is available upon request). Written approval will be

obtained from OSM prior to start of construction for Post Act, emergency and

non-emergency projects.

Coordination With Indian Tribes

Not applicable in Virginia.

24 LAND ACQUISITION, MANAGEMENT AND DISPOSAL 884.13 (c) (4)

The Virginia Department of General Services, Division of Engineering and

Buildings is charged by the Code of Virginia with certain general responsibilities

for acquisition, management and disposal of State-owned real property. The

policies and procedures for implementing these responsibilities are available

from the Department of General Services. Land acquisition, management and

disposition will be consistent with the provisions Section 45.1-263 of the Code of

Virginia and Part 4VAC25-130-879 of the VCSMRA Regulations.

Land Acquisition

Among other requirements, the DMME will be responsible for completing a

title search (certified by a qualified attorney) and a metes and bounds survey

(certified by a qualified land surveyor) prior to the acquisition of any property.

The DMME Director, with approval in advance by OSM, may acquire title

to any land or interest therein by purchase, donation or condemnation, if such

land or interest is adversely affected by past coal mining practices, and if the

Director determines in writing that acquisition of such land is necessary to

successful reclamation, and that:

(1) the acquired land, after restoration, reclamation, abatement, control or

prevention of the adverse effects of past coal mining practices, will serve

25 recreation and historic purposes, conservation and reclamation purposes

or provide open-space benefits; and

(2) Permanent facilities such as a mine drainage treatment plant or a

relocated stream channel will be constructed on the land for the

restoration, reclamation, abatement, control or prevention of the adverse

effects of past coal mining practices.

Coal refuse disposal sites and all coal refuse thereon may be acquired by

the Director if approved in advance by the Office of Surface Mining. Prior to

acquisition, the Director shall determine in writing that the acquisition of such

land is necessary for successful reclamation or that public ownership is

desirable to meet an emergency situation and prevent the recurrence of adverse

effects of past coal mining practices.

The Director shall acquire only such interests in the land as are necessary

for the reclamation work planned or the post-reclamation use of the land.

Interest in improvements on the land, mineral rights, or associated water rights

may be acquired if:

(1) Such interests may not be legally severed from the surface estate; or

(2) Such interests are necessary to the reclamation work planned or the post-

reclamation use of the land; and

(3) Adequate written assurances cannot be obtained from the owner of the

26 severed interest that future use of the severed interest will not be in

conflict with the reclamation to be accomplished.

An appraisal of the fair market value of all land or interest in land to be

acquired shall be obtained from a professional appraiser by the DMME. The

appraisal shall state the fair market value of the land as adversely affected by

past mining and shall otherwise conform to the requirements of the handbook on

"Uniform Appraisal Standards for Federal Land Acquisition" and "Uniform

Standards of Professional Appraisal Practice." When practical, land acquisition

shall be by purchase from a willing seller. The price paid for land acquired shall

reflect the market value of the land as adversely affected by past coal mining

practices. When necessary, land or interests in land may be acquired by

condemnation. Condemnation procedure shall not be started until all

reasonable efforts have been made to purchase the land or interests in land

from a willing seller.

The DMME will also comply to the extent applicable, with the Virginia

Department of General Services, Division of Engineering and Buildings' Directive

No. 1, with the Uniform Relocation Assistance and Real Property acquisition

Policies Act of 1972, (Title 25, Chapter 6, Code of Virginia), 41 CFR Part 114-50:

Solicitor of the Interior's Regulations for the Approval of Title to Lands and

Condemnation, ISRM 6.1 et seq; and regulations of the Attorney General under

27Order NO. 440-70 dated October 2, 1970, establishing standards for title

approval of lands to be acquired for Federal public purposes.

The Director may accept donations of title to land or interest in land that is

necessary for reclamation activities. A donation shall be accepted if the terms or

conditions of acceptance are not inconsistent with the objectives or requirements

of the program.

Offers to make a gift of such land or interest in land shall be in writing and

shall include:

(1) A statement of the interest which is being offered.

(2) A legal description of the land and a description of any

improvements on it.

(3) A description of any limitations on the title or conditions as to the use

or disposition of the land existing or to be imposed by the donor.

(4) A statement that:

(i) The offeror is the record owner of the interest being offered.

(ii) The interest offered is free and clear of all encumbrances

except as clearly stated in the offer.

(iii) There are no adverse claims against the interest offered.

(iv) There is no continuing responsibility by the operator under

State or Federal statutory law for reclamation.

28 (5) An itemization of any unpaid taxes or assessments levied, assessed

or due which could operate as a lien on the interest offered.

If the offer is accepted, a deed of conveyance shall be executed,

acknowledged and recorded. The deed shall state that it is made "as a gift

under the Virginia Surface Mining Control Reclamation Act of 1979." Title to

donated lands shall be in the name of the Commonwealth of Virginia,

Department of Mines, Minerals and Energy.

Land Management

The DMME Director may permit the use of land acquired under this Part,

pending disposition, for any lawful purpose that is consistent with the

reclamation activities and post-reclamation uses for which the land was

acquired.

Users of land acquired under this program shall be charged a user fee

based on the fair market value of the benefits granted to the user, charges for

comparable uses within the surrounding area, or the costs to the Division for

providing the benefits, whichever is appropriate. All monies received from user

fees will be handled in accordance with Office of Management and Budget

(OMB) guidelines and Section 407(f) of SMCRA. The Director may waive the

user fee if found in writing that such a waiver is in the public interest. Public

notice will be given prior to any final decision on the user fee amount or fee waiver.

29 Reclaimed land may have covenants to protect the reclamation performed.

Provisions may also be made to perform post reclamation maintenance.

30Land Disposition

(1) Prior to disposition, the DMME will publish a notice, which describes the

proposed disposition of the land in a newspaper of general circulation

within the area where the land is located. The notice shall provide

adequate time for public comment and state where copies of plans for

disposition of the land may be obtained or reviewed and the address to

which comments on the plans should be submitted. The notice will also

state that a public hearing will be held if requested by any person.

(2) The DMME will hold a public hearing if requested as result of the public

notice. It will be scheduled at a time and place that affords local citizens

and governments the maximum opportunity to participate. The time and

place of the hearing shall be announced in a newspaper of general

circulation in the area in which the land is located prior to the hearing. All

comments received at the hearing will be recorded.

(3) Make a written finding considering all comments received that the

proposed disposition is appropriate and consistent with any applicable

local, State or Federal laws, ordinances or regulations.

The Director may transfer, with approval of the Office of Surface Mining,

the administrative responsibility for land acquired under this part to any agency

31or political subdivision of the Commonwealth with or without cost to that agency.

The agreement, including amendments, under which a transfer is made shall

specify:

(1) The purposes for which the land may be used consistent with that

authorized under which the land was acquired; and

(2) That the administrative responsibility for the land will revert to the

Division which acquired the land if, at any time in the future, the land

is not used for the purposes specified.

The Director may, with approval by the Office of Surface Mining, transfer

title to abandoned and unreclaimed land to the United States to be reclaimed

and administered by the Office. The Director may purchase such land from the

Office after reclamation is completed, for governmental, educational,

recreational, historical, open-space or other public purposes upon such terms as

the Office may require. The price to be paid shall not be more than the fair

market value of the land in its reclaimed condition less any portion of the land

acquisition price paid by the Commonwealth.

The Director may sell any land acquired and reclaimed under this Part to

any agency or political subdivision of the Commonwealth.

(1) Before reclaimed land is sold to such purchasers, the purchaser shall

32state in writing the public purposes for which the land is to be used.

(2) The price to be paid by such purchasers shall be the fair market value

of the land in its reclaimed condition. The land may be sold at a lower price

negotiated by the Director; but the price shall not be less that the cost to the

Commonwealth for acquiring and reclaiming the land.

(3) The sales agreement for land sold under this paragraph shall state

valid public purposes for which the land may be used. If, at any time in the

future, the land is not used for the purposes stated, all right and title to or

interest in such land shall revert to the Commonwealth, or to the United States.

The Director, with the approval of the Office of Surface Mining, may sell

land acquired under this part by public sale if such land is suitable for industrial,

commercial, residential or recreational development and if such development is

consistent with land use plans for the area in which the land is located.

(1) Land shall be sold by public sale only if it is found that retention by

the Division or disposal under the paragraph of this section is not in the public

interest.

(2) Land shall be sold for not less than fair market value under a system

of competitive bidding, which includes at a minimum:

(i) Publication of a notice in a newspaper of general circulation in

the locality in which the land is located. The notice shall

33 describe the land to be sold, state the appraised value, state

any restrictive covenants which will be a condition of the sale,

and state the time and place of the sale.

(ii) Provisions for sealed bids to be submitted prior to the sale

date or by an oral auction open to the public.

All monies received from disposal of land under this Part shall be

managed in accordance with Office of Management and Budget (OMB)

guidelines and section 407 of SMCRA.

34 RECLAMATION ON PRIVATE LAND 884.13 (c) (5)

When reclamation is to be carried out on private land, the DMME shall

adhere to the regulation governing appraisal and liens as set forth in Part

4VAC25-130-882 of the VSMCRA Regulations and Section 45.1-264 through

45.1-269 of the Code of Virginia.

A notarized appraisal of private land to be reclaimed that may be subject

to a lien under VA program Section 4VAC25-130-882.13 shall be obtained from

an independent appraiser. The appraisal shall state:

(a) The estimated fair market value of the property in its unreclaimed

condition; and

(b) The estimated fair market value of the property as reclaimed.

Except in emergency situations the appraisal shall be made prior to start

of reclamation activities. The DMME shall furnish to the appraiser available

information in the form of plans, factual data, specifications, etc., to make such

appraisals. When the appraisal indicates a significant increase in value and

reclamation requires more than six months to complete, an updated appraisal of

the estimated market value of the property as reclaimed shall be made to

determine if the increase in value as originally appraised has actually occurred.

Such updated appraisal shall not include any increase in value of the land as

35unreclaimed. If the updated appraised value results in lower increase in value,

such increase shall be used as a basis for the lien. However, an increase in

value resulting from the updated appraisal shall not be considered in

determining a lien. The DMME shall utilize appraisal standards for projects

consistent with generally acceptable appraisal practice in the Commonwealth of

Virginia.

When any AML condition presents a high probability of substantial

physical harm to the health, safety or general welfare of people before the

danger can be abated under normal program operations procedures,

reclamation activities or abatement procedures shall not be delayed in order to

obtain any necessary appraisal. In such instances, after OSM has made an

emergency declaration and prior to construction, DMME will gather preliminary

landowner information for the affected property(s). DMME will also determine

whether the private land to be reclaimed may be subject to a lien, applying the

criteria at VA program Section 4 VAC 25-130-882.13(a)(1). If it is determined

that the private land to be reclaimed may be subject to a lien, an independent

appraisal contractor will be sent to the site, prior to construction, to obtain the

information necessary to complete a notarized appraisal, in accordance with VA

program 4 VAC 25-130-882.12 (a). The appraisal will be completed as soon as

practicable consistent with generally acceptable appraisal practice.

36 The DMME Director has the discretionary authority to place or waive a lien

against land reclaimed as directed by Part 4VAC25-130-882. A lien shall not be

placed against the property of a surface owner who acquired title prior to May 2,

1977, and who did not consent to, participate in, or exercise control over the

mining operations, which necessitated the reclamation work.

The basis for making a determination of what constitutes a significant

increase in market value or what factual situation constitutes a waiver of lien will

be made by the Director pursuant to the Congressional intent expressed in

Section 408 of SMCRA and consistent with the laws of the Commonwealth

governing liens.

Prior to the time of actual filing of any proposed lien, the landowner will be

notified of the amount of the proposed lien and will be allowed a reasonable time

to pre-pay that amount. The landowner may reimburse the Abandoned Mine

Land Fund for the increase in value due to reclamation, or he may choose to

have a lien placed upon his property. Whatever agreement is reached will be

recorded with the Clerk of Circuit Court.

The Director may waive the lien, if:

(1) the cost of filing the lien, including indirect costs, exceeds the

increase in fair market value resultant from reclamation;

(2) the reclamation performed on private land primarily benefits the

37 health, safety, or environmental values of the greater community or

area where the land is located;

(3) reclamation is necessitated by an unforeseen occurrence and the

work performed to restore that land will not result in a significant

increase in the market value of the land as it existed immediately

before the occurrence.

If there is no increase in value, the Director shall execute a Lien Waiver. If

a lien is filed, the Director shall, within six months after the completion of

reclamation work, file a statement in the Circuit Clerk's office, which includes the

name of the owner of the property sought to be charged, an itemized account of

the monies expended for the reclamation, and notarized copies of the

appraisals. This statement shall also be sent to the owner by certified mail. The

lien may be appealed in the manner provided by Section 45.1-268, Code of

Virginia.

A lien placed on private property shall be satisfied, to the extent of the

value of the consideration received, at the time of transfer of ownership. Any

unsatisfied portion shall remain as a lien on the property. The DMME Director

shall maintain or renew any lien as required under laws of the Commonwealth or

local law.

Monies derived from the satisfaction of liens shall be deposited in the

38appropriate abandoned mine reclamation fund account in accordance with OMB

guidelines.

DMLR has provided OSM the lien waiver, right of entry, claim of lien, and

AML complaint investigation forms (both currant and proposed) that it will use in

implementing its AMLR Program. OSM has entered the forms into the Virginia

Administrative Record under Record No. 900.

39 RIGHTS OF ENTRY 884.13 (c) (6)

The DMME will obtain rights of entry pursuant to Part 4VAC25-130-877 of

the VSCRMA Regulations and Section 45.1-263 of the Code of Virginia.

Prior to entry onto private lands, written consent from the owner of record

and lessee, or their authorized agents, will be obtained by the DMME for its

authorized agents or contractors to enter upon such lands in order to carry out

reclamation activities.

When written consent cannot reasonably be obtained, or the owner(s) is

unknown, or the owner(s) cannot be located, or in order to effect entry on all

unknown owners, non-consensual entry will be carried out by a notice of intent

to enter property to conduct reclamation at least 30 days before entry upon the

property. Notice of non-consensual entry shall be in writing, contain the findings

required by Part 4VAC25-130-877.13(b), and will be effected by certified mail,

return receipt requested, to the owner, if known. If the owner is not known, or if

the current mailing address of the owner is not known, notice shall be posted on

the property and published once in a newspaper of general circulation in the

locality in which the land is located. The notice, posted on the property and

advertised in the newspaper, will state where the findings may be inspected or

obtained. Such non-consensual entry shall be by exercise of police power.

40 Written consent or notice of intent shall not be required prior to entry on

property to perform emergency reclamation. On emergency projects the DMME

shall make reasonable efforts in notifying the owner and obtaining consent prior

to entry consistent with the emergency condition that exists. Written notice shall

be given to the owner as soon after entry as practical in accordance with the

requirements of Part 877.14 of 30 CFR. The giving of notice of intent to enter for

purposes of either study and exploration or conducting reclamation shall be a

final decision for the purpose of judicial review.

The monies expended from the Fund for work conducted pursuant to any

entry, together with the benefits accruing to any such land so entered upon,

shall be charged against such land as a lien. This lien may also be waived as

described in the previous section of this part. The monies so expended upon

any property shall mitigate or offset any claim in or any action brought by any

owner of any interest in such premise, for any alleged damages by virtue of such

entry, provided, however, that this provision is not intended to create new rights

of action or eliminate the existing sovereign immunity of the Commonwealth and

its agents and employees.

In addition, the Director may enter into agreements with the U.S. Secretary

of the Interior for the emergency restoration, reclamation, abatement, control or

prevention of the adverse effect of coal mining practices on Federally owned

41lands under the Secretary’s authority, including but not limited to, national parks

and refuges. Such agreements may provide for the Division, or subcontractors

with the Division, to enter upon any land where an emergency exists, as

determined by the U.S. Secretary of the Interior or his authorized designee, and

on any other land to have access to the land where the emergency exists to

restore, reclaim, abate, control, or prevent the adverse effects of coal mining

practices and to do all things necessary or expedient to protect the public health,

safety, or general welfare.

42 PUBLIC PARTICIPATION POLICIES 884.13 (c) (7)

DMLR will follow procedures set forth by the Virginia Administrative

Process Act for publication of all meetings required to be public under the

Freedom of Information Act.

Participation in the Grant Application Process

At least thirty (30) days prior to the submission of a grant application to

OSM, DMLR will submit a general description of problems and proposed

reclamation actions for advertisement in newspapers of general circulation within

the affected areas. Interested parties may submit written comments within

fourteen (14) days after the last publication of the newspaper advertisement.

The newspaper advertisement will include the following statement:

“If requested, the DMLR will also conduct a public meeting, within a reasonable time following the receipt of the request, at the DMME's office in Big Stone Gap, Virginia.”

The comments received during the meeting will be recorded and analyzed.

In addition, the AML Advisory Committee will meet on a regular basis to

discuss and analyze the progress of the AML Reclamation program. These

meetings are open to the public. Records of public hearings will be kept on file

at the DMME Office.

For State Reclamation Program amendments, DMME will elect to utilize

43OSM’s public participation process rather than hold a separate procedure.

44 ORGANIZATION 884.13 (d) (1)

The Virginia Department of Mines, Minerals and Energy serves a large

and varied group of people, organizations and agencies throughout the

Commonwealth. Through its divisions, the agency regulates the mineral

industry, provides mineral research and offers advice on wise use of resources.

Its programs directly serve the citizens who live near mining operations, mining

labor groups, other regulatory agencies, the educational community, the mineral

industry, and environmental, consumer and industry special-interest groups.

Although headquartered in Richmond, the DMME programs and activities are

administered by separate divisions located across the Commonwealth. The

effective management of the complex programs and the issues generated by

often competing client interests is enhanced by annual agency-wide strategic

planning. Divisions within the DMME include:

Division of Mined Land Reclamation (DMLR) - The DMLR contains

three groups, one which administers the Title IV Program (Abandoned Mine

Reclamation) and the other two administer the Title V Program (Control of the

Environmental Impacts of Surface Coal Mining). The DMLR is responsible for

ensuring the reclamation of land affected by surface and underground coal

mining activity. Major functions include regulating surface effects of coal mining,

45reclaiming abandoned mine lands, issuing permits, performing inspections,

assisting small operators and responding to citizen concerns. Individual

descriptions of staff positions and staffing levels for the Abandoned Mine Land

Program are described in each yearly grant application to OSM. OSM will be

advised of any changes to staff positions or levels that may occur through the

grant application process. The AML staff collects data on abandoned mine land

problems for inclusion in OSM’s Abandoned Mine Land Inventory System

(AMLIS). AML updates and maintains the AMLIS in accordance with OSM

directives, policies and procedures. AML monitors project engineering and

construction contracts by utilizing procurement and inspection personnel to

ensure compliance with contract terms, plans, and specifications. A general

organization structure of the Abandoned Mine Land Program is demonstrated in

Figure 3.

Division of Mines - This division’s primary mission is to protect the lives

and health of all people employed at surface and underground coal mining

operations, and insures mine operator compliance with mine safety

requirements. The division performs regular mine inspections, investigates

accidents and fatalities, conducts training and certification of miners, and

provides technical assistance to mine operators.

Division of Mineral Mining - The Division of Mineral Mining administers

46both health and safety and surface mining reclamation regulatory programs for

all non-coal mineral mining operations. Regulating the surface effects and

insuring the reclamation of mineral mining operations, enforcing health and

safety standards in the mines, issuing permits and licenses, providing industry

training, reclaiming orphaned lands, and performing regular inspection are the

major functions of this division.

Division of Gas and Oil - This division’s responsibilities include regulating

the effects of gas and oil operations both on and below the surface, permit

issuance requirements, client assistance programs, inspection of well sites and

gathering pipelines, reclamation of abandoned well sites, protection of

correlative rights, and promotion of resource conservation practices.

Division of Mineral Resources - This division provides state geological

information to industry, government, educational institutions, developers, land-

use planners, and to the general public. Extensive data bases are maintained

for Virginia’s mineral resources, including coal, oil and gas, and a wide variety of

industrial minerals and rocks. The division manages Virginia’s topographic

mapping program in cooperation with the U.S. Geological Survey and the

principal user groups in the state.

Division of Energy - The Division of Energy coordinates the development

and implementation of energy planning and policy in Virginia, taking into

47consideration both energy conservation and environmental protection issues.

This is accomplished through the Virginia Energy Plan, the goals of which are to

increase energy efficiency and conservation in state government and by its

clients, and to advance renewable and alternative energy sources in Virginia.

The DMME reports to the Secretary of Commerce and Trade. The

Secretary of Commerce and Trade Administrative Head position is appointed by

the Governor and confirmed by the General Assembly.

Legal assistance for the DMLR is provided by Assistant Attorney

General(s) who are a part of the Attorney General Executive Branch.

48 STAFFING POLICIES 884.13 (d) (2)

The DMME adheres to the hiring policies and procedures set forth by the

Virginia Department of Personnel and Training. Staffing policies that govern the

assignment of personnel are:

Virginia Personnel Act Executive Order No. Two - (issued by the Governor declaring that it is the firm and unwavering policy of the Commonwealth to assure equal opportunity in all facets of state government.) AA/EEO Mandates Fair Labor Standards Act Immigration & Reform Act Americans with Disabilities

A copy of the policies and procedures are available for viewing at the

DMME office upon request. Personnel hired by the DMME will be judged on

their knowledge, skills and abilities related to the requirements of the position for

which they apply.

49 PURCHASING AND PROCUREMENT 884.13 (d) (3)

The purchasing and procurement system utilized by the DMLR for all

contracts will conform to the requirements of the Grants Management Common

Rule codified by the U.S. Department of Interior at 43 CFR Part 12, Subpart C,

the Code of Virginia Public Procurement Act, the Virginia Agency Procurement

and Surplus Property Manual, and the Federal Assistance Manual Section 1-47-

10.

All procurement transactions will be conducted in a manner so as to

provide maximum open and free competition.

Proposed procurement actions will be reviewed by procurement and

management staff of the DMME to avoid purchasing unnecessary or duplicative

items.

Invitations to bids or requests for proposals will be based upon a clear and

accurate description of technical requirements; such descriptions will not, in

competitive procurements, contain features, which unduly restrict competition.

Contracts are made only with responsible contractors who have the ability

to perform the contract. Consideration is given to integrity, past record of

performance, financial and technical resources, and accessibility to other

necessary resources.

50 Positive efforts shall be made by the DMME to utilize small business,

minority-owned, and women owned business sources of supplies and services.

Formal advertising, with adequate purchase description, sealed bids, and

public openings is the method of procurement unless negotiated (i.e., no cost

contracts). Fixed-price contract awards are made to the lowest responsive and

responsible bidder.

The type of procuring instruments used is appropriate for each particular

procurement. The "cost-plus-a-percentage-of-cost" method of contracting is not

used.

Contracts will be administered by assigned employees of the DMME to

assure contractor conformance with terms, conditions, and specifications of the

contract, and to assure adequate and timely compliance.

To receive AML funds, every successful bidder/offeror for an AML contract

must be eligible under 4 VAC 25-130-773.15 (b) (1) at the time of contract award

to receive a permit or conditional permit to conduct coal surface mining

operations. Bidders/offerors determined to be ineligible will be disqualified or

refused permission to participate in public contracts as provided by Section 11-

63 of the Virginia Public Procurement Act.

ACCOUNTING SYSTEM 884.13 (d) (4)

51 The DMLR utilizes a financial management system that provides for

compliance with the Grants Management Common Rule codified by the U. S.

Department of Interior at 43 CFR Part 12, Subpart C, OMB Circular No. A-102

(Grants and Cooperative Agreements to State and Local Governments), No.

A-87 (Cost Principle for State and Local Governments), No. A-128 (Single Audit

Act), and all other applicable state and federal laws and regulations.

The DMLR will safeguard all funds, property and assets in the reclamation

program and assure they will be used solely for authorized purposes.

An accounting of actual money spent compared to budgeted amounts will

be prepared for each grant and for all projects within each grant utilizing an

automated budget tracking system and the state accounting system.

An independent audit will be conducted annually in accordance with the

OMB Circular No. A-128, Single Audit Act. The audit will be performed in

accordance with "Standards for Audit of Governmental Organizations, Program

Activities and Functions."

Findings of audits will be resolved in a timely fashion. The DMME will

send, in writing, any recommendations which it may deem necessary to the

OSM. The accounting system utilized by the DMLR for the Virginia AML

Reclamation Fund will provide for a separate accounting for each source of funding

identified in 30 CFR 872.12: (1) grants from OSM under 30 CFR part 886; (2) user

52charges collected by the state under 30 CFR part 879; (3) money recovered by

the state through satisfaction of liens under 30 CFR part 882; (4) moneys

recovered by the state from the sale of land under 30 CFR Part 879; and (5)

such moneys as the state chooses to deposit in the State Abandoned Mine

Reclamation Fund.

For each grant, DMLR will annually submit reporting forms specified by

OSM. Upon project completion, DMLR will submit a completed Abandoned

Mine Land Problem Area Description form and any other closeout reports

specified by OSM.

53 LOCATION OF KNOWN OR SUSPECTED ELIGIBLE LANDS AND WATER 884.13 (e) (1)

The known and suspected pre-1977 abandoned mine land problems and

eligible post-1977 sites in Virginia are naturally located in the four coalfield

regions of the state. Figure 4 depicts the location of known and suspected

eligible lands located with the state's boundaries. Figure 4 also shows the

locations of river basins in Virginia. Those waters in the Coalfield regions are

the location of suspected eligible waters within the state's borders.

Eligibility is determined through a review of information available in AML

records, DMME records, and other relevant sources. DMME permit records of

post-1977 mined lands are used to assemble an inventory of eligible sites that

are either interim period bond forfeitures or insolvent surety sites. The AML

program maintains an inventory of AML sites from which funded sites are

selected.

54 DESCRIPTION OF PROBLEMS OCCURRING ON LANDS AND WATERS 884.13 (e) (2)

Typical AML problems in Virginia's coalfields include, but are not limited

to: landslide hazards, highwalls, flooding, erosion, sedimentation, acid drainage,

alkaline drainage, fire, subsidence, water loss, dangerous impoundments,

abandoned structures and equipment, open mine portals, open mine shafts and

refuse areas.

Virginia's AML problems are the result of both underground and surface

mining operations. Each individual AML problem varies in degree of concern

with some conditions posing a minimal risk with other problems posing a high

level of concern. A number of health, safety and environmental problems result

from Virginia's AML sites.

55 RECLAMATION PROPOSALS 884.13 (e) (3)

General examples of proposed reclamation strategies on targeted lands

include, but are not limited to:

(a) Sealing open mine portals to prevent human entry. Options include,

but are not limited to backfilling with rock and soil material, mortar or

block type seals, or installation of bat gates, if appropriate. These

methods include incorporation of proper drainage controls as

needed. Endangered habitat surveys are performed prior to sealing.

(b) Eliminating dangerous highwalls through several reclamation

approaches such as slope reduction through excavation and

removal or compacted backfill against the sloped unstable wall.

(c) Burying structures, equipment and debris that are non-toxic, inert,

and non-hazardous in compliance with State and Federal laws

governing waste disposal.

(d) Stabilizing refuse areas by grading in place to acceptable design

contours or excavating refuse material to an approved disposal site.

In either case, a suitable growth medium is established to promote

vegetation cover.

(e) Stabilizing landslides through methods which include: surface

56 drainage controls, subsurface drainage controls, overburden

removal and buttressing as necessary.

(f) Eliminating hazardous impoundments through an approved

remediation plan.

(g) Reclaiming sediment contributing lands through regrading and/or

revegetation with drainage structures installed as necessary.

(h) Restoring stream channels through sediment removed in

accordance with engineered designs, which account for factors such

as contributing watershed size, rainfall run-off, channel slope and

velocity, channel bank stability, bedload, and other variables that

affect stream flow. Removed sediments are stabilized to prevent

their reintroduction into the stream. Subsidence will be addressed

through grouting or other approved methods of stabilization.

(i) Grouting subsidence areas will be performed along with other

approved methods of stabilization.

(j) Eliminating of all other targeted abandoned mine land problems will

be performed in an approved, safe, and environmentally acceptable

manner. Temporary sediment and erosion controls are

implemented as necessary during construction and all disturbed

areas are revegetated.

57 The Virginia AML program prepares an environmental document for each

project site selected for funding in accordance with the National Environmental

Protection Act (NEPA). Consultation with other state and federal agencies

occurs before reclamation begins on the sites selected.

Environmental documents are also prepared on AML projects declared

emergencies. If site conditions require immediate abatement, the environmental

document and consultation process will not delay initiation of abatement action.

58 ECONOMIC BASE 884.13 (f) (1)

Coal reserves are found in four major fields in Virginia. Only the

Southwest Coalfield in the Cumberland Plateau is actively producing coal and

contains the majority of abandoned mine lands in the state. The Richmond and

Farmville basins, located in the central part of Virginia, ceased production of coal

around 1904, while the Valley Coalfield, located in the Ridge and Valley

province, ceased coal production after 1971. Through reclamation occurs

predominantly in the Southwest Coalfield, some reclamation occurs within the

other fields because mining related problems continue to occur years after

mining has ceased.

The economic base of a region, as defined here, refers to those activities

that export goods or services and thus import moneys from outside the region.

The non-economic base of a region refers to those activities that produce goods

and services to be consumed within a region, and thus only recirculates money

already in the economy. Use of the economic base concept in this analysis is

useful because coal mining often dominates other economic activities in coal

regions.

Total employment in the Virginia Coalfields is heavily dependent on

economic base activities: the Southwest Coalfield due to mining; and the Valley

59Coalfield, Richmond Basin and Farmville Basin due to manufacturing. The

steep mountains and narrow valleys of the Appalachian Highlands located in the

Southwestern region of Virginia encompass many isolated areas heavily involved in

coal production.

In contrast, the rolling terrain and proximity to heavily traveled

transportation systems of the Valley Basin, Farmville Basin and the Richmond

Basin have made these regions more suitable for development and have

attracted many industries and more urban populaces. Recent studies have

shown that mining employment is also decreasing due to a reduction in the

number of mining operations and the utilization of new technology to extract

coal. Dominance of economic base activities tend to make the local

unemployment rate highly sensitive to fluctuations in the business cycle or other

regional perturbations in economic activity. Unemployment, for example, is

highest in the Southwest Coalfield where much of the labor force is dependent

on coal production.

Another economic base-related activity is agriculture. A second economic

base, agriculture, exists for Lee and Scott Counties in the Southwest Coalfield,

with sales of tobacco, cattle and dairy products providing most of the agricultural

income.

The non-economic base in all coal resource areas experiences fluctuating

60growth as a result of increase/decrease economic base activities such as coal

mining and manufacturing. Wholesale and retail trade, service and government

are the three non-economic base activities that encompass a substantial

percentage of the labor force in all of Virginia's coal resource areas.

61 AESTHETIC, HISTORICAL OR CULTURAL AND RECREATION VALUES 884.13 (f) (2)

Aesthetic Values-

Some of the most scenic areas in Virginia are located in the Southwestern

end of the state where all of Virginia's coal production now occurs.

Southwestern Virginia is characterized by steep sloped, forested mountains and

steep, rocky, often cascading streams. Seasonal foliage and colors draw

tourists and naturalists to the Southwest region; however, several areas have

been scarred and depleted of natural beauty due to past coal mining practices,

which have unquestionably degraded aesthetic values.

Historical Values-

It is recognized that structures and sites of historical and archeological

value may be within or in proximity to areas impacted by AML reclamation

projects. Virginia's AML program has standard policies and procedures for

identification and evaluation of possible historical and archeological resources

that may be impacted through reclamation projects. Appropriate steps will be

followed to insure that all potential impacts of the reclamation process are

mitigated when it is determined that harm may result to significant historic and

cultural resources. The Virginia AML program will work closely with the State

Department of Historic Resources in order to prevent reclamation from 62destroying an historical or archaeologically significant site.

Recreational Values-

The Coalfield Regions of Virginia contain several National, State and local

parks offering numerous recreational opportunities. Some of the more

significant recreational sites include:

  • Jefferson National Forest - 690,000 acres of wood mountains and valleys

which extend from Southwestern Virginia to the James River and forest which

lies in the coalfields of Virginia and Kentucky and extending from Natural Bridge,

Virginia to Big Stone Gap, Virginia. Hunting, fishing, hiking and camping are the

main recreational uses of the land.

  • Mount Rogers National Recreation Area - 107,000 acres extending from

Washington County to Wythe County. Recreational activities include the 950

miles of hiking trails including Appalachian Scenic Trail, hunting, fishing,

horseback riding and camping.

  • George Washington National Forest - Consists of over one million acres

of mountain and valley land in twelve northwestern counties of Virginia with

about 100,000 acres extending into West Virginia. Numerous recreational

activities are available which include, but are not limited to hunting, camping and

fishing.

63 *Breaks Interstate Park - Consists of 4,500 acres of land primarily in

Dickenson County, Virginia with a small portion located in Pike County,

Kentucky. The central feature is the Breaks Canyon, a deep gorge along Russell

Fork River. Recreational facilities are available for camping, swimming, hiking,

fishing, and whitewater canoeing.

  • Cumberland State Forest - Located in Lee Co., Virginia, Eastern

Kentucky, and Tennessee, their park comprises of over 16,500 acres of flat to

rolling terrain. Bear Creek Lake Recreational Area with its 55-acre lake is the

main recreation attraction, along with water sports, hunting and fishing.

  • Natural Tunnel State Park - Located in Scott County, Virginia, this park

highlights an 850-foot long tunnel worn through a limestone bridge.

Recreational activities include: hiking, camping, swimming, amphitheater, and

local history exhibits.

64 ENDANGERED AND THREATENED PLANT, FISH, WILDLIFE AND HABITAT 884.13 (f) (3)

Statutory authority (87 Stat. 884, as amended: 16 U.S.C. 1531 et seq.) for

federally listed and proposed threatened and endangered flora and fauna

species and federally designated critical habitat is with the U.S. Department of

Interior, Fish and Wildlife Service. In 1972, Virginia legislators passed the

Virginia Endangered Species Act. This Act provided the authority to the Board

of the Virginia Department of Game and Inland Fisheries to adopt the federal list

of endangered and threatened species of fish and wildlife; to declare and list by

regulation endangered or threatened species in Virginia but not occurring on the

federal list; and to implement regulations to further protect these species. With

the passage of the Endangered Plant and Insect Species Act in 1979, the

General Assembly mandated responsibility to the Virginia Department of

Agriculture and Consumer Services, for the protection, conservation, and

management of endangered and threatened species of plants and insects.

The Tennessee River system located in Southwestern Virginia contains an

aquatic habitat richer in species than any other area of Virginia. The Tennessee

drainage includes the Holston, Clinch, and Powell river systems. During the

1978 Symposium on Endangered and Threatened Plants and Animals of

Virginia, more than fifty species of freshwater mollusks known to live in these 65waters were listed as imperiled (including the federally listed endangered or

threatened mussel species) throughout their Virginia or entire range. Stream

channelization, siltation, and pollution resulting from pre-law mining operations

adversely affected these species. Still today, heavy siltation decreases oxygen

concentration and inhibits the respiration and feeding of aquatic organisms and

impoundments can drastically reduce available habitat.

According to the 1989 Symposium of Virginia’s Endangered Species, it is

estimated that 21% of the natural fish species in Virginia have been adversely

affected since population studies were first conducted in Virginia. Turbidity,

pollution, loss of habitat, and siltation are responsible for the decline of the

species. Silt eliminates or destroys habitat, and hinders reproduction and

feeding.

Reports presented at the 1989 Symposium on Virginia’s Endangered

Species, presented 11 mammalian species as state listed endangered or

threatened in Virginia. Of these species, eight were found to occur in either

caves or island-like boreal pockets. Abandoned, open mine entries serve as

potential habitat for endangered bat species. Threatened and endangered

mammal species have been adversely affected by habitat loss and alteration,

water pollution, and cave disturbances.

DMLR staff conducts on site review of all proposed reclamation projects to

66prepare environmental assessment documents prior to project design or

construction. Data gathered during this review include information regarding

occurrences of threatened or endangered species, federally designated critical

habitat, or habitat that may be suitable for recovery, siltation and erosion

problems, land mass stability, acid mine discharges, etc.

DMLR consults with state and federal agencies having statutory authority

for the protection of threatened or endangered species and critical habitat to

identify locations of possible occurrences of state and federally listed and

proposed threatened and endangered species and federally designated critical

habitat within the project site. A list of these agencies is available upon request

and has been included within VA Administrative Record No. VA-906 for

reference. Specifically, the locations and descriptions of potential reclamation

sites are provided to these agencies to assist them in making determinations if

state or federally listed or proposed threatened or endangered species and

federally designated critical habitat are present in the project area. DMLR

utilizes comments and recommendations from these agencies to prepare

reclamation designs, which will protect state and federally listed and proposed

threatened and endangered species, enhance their habitat, and aid their

recovery. When state and federally listed and proposed species or federally

designated critical habitat occur with a project area, DMLR will work with the

67U.S. Fish and Wildlife Service and other appropriate state agencies to implement

measures that will ensure that no adverse impacts to state and federally listed

and proposed species or federally designated critical habitat will result.

Open mine portals are evaluated by DMLR staff for potential habitat for

bats by using a form based upon criteria developed by John MacGregor and Hal

Bryan (Guide to the Determination of the Suitability of Abandoned Mine Portals

as Habitats for Rare or Endangered Wildlife in Virginia) and Bat Conservation

International, Inc. (Bats and Mines). Utilizing designs developed by bat gate

experts in conjunction with the agencies with authority for protection of the

species, bat gates are installed by the DMLR if the mine portals are determined

suitable for possible bat habitat and if the roof conditions are stable for

construction workers. DMLR has provided OSM a copy of the bat habitat survey

form that it will use in implementing its AMLR Program. OSM has entered this

form into the VA Administrative Record, under Record No. VA-906.

68

Baseline Hydrologic Data Requirements for Mining PermitsDoc ID: DMLR-M-1-90

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DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 1-90 Issue Date: April 21, 2008 Subject: Baseline Hydrologic Data Requirements (PHC Assessment) (issued 1/17/90, updated 10/1/01 & 04/21/08)

According to §§4VAC25-130-780.21 and 4VAC25-130-784.14 of the regulations, permit applications must provide data sufficient to make a Probable Hydrologic Consequences (PHC) determination. The surface and ground water monitoring plans are based upon that determination, as well. In addition, the Division uses this data in developing the Cumulative Hydrologic Impact Assessment (CHIA).

The process for developing these plans should –

  1. Establish seasonal surface and ground water baseline hydrologic conditions;
  2. Describe existing and anticipated impacts;
  3. Design the operation to minimize impacts within the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area;
  4. Prepare the PHC determination; and,
  5. Design a water monitoring plan to quantify actual impacts. (Existing data may be extrapolated and used in compiling the required information.)

Ground Water Baseline Data –

§§4VAC25-130-780.21(b) (1 and 2) and 4VAC25-130-784.14(b) (1 and 2) of the regulations require documentation of seasonal quantity and quality of surface and ground waters. A minimum of 6 months of data for both surface and ground waters is required to quantify baseline conditions. The PHC determination cannot be made, nor can the monitoring sites be determined, until seasonal baseline is established. Baseline data in the potential impact area can be established from water supply inventories, surveys of springs, seeps, flooded underground works, mine discharges, streams, and baseline monitoring wells.

________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." The regulations also require a water supply inventory for all supplies in the potential impact area of surface and underground mines. Including complete inventory data with the permit application submittal will strengthen the PHC determination and minimize the permit review processing time.

Geologic Logs –

The location of ground water occurrences must be labeled on the geologic log (§§4VAC25-130-780.22(b)(2)(i) and 4VAC25-130-784.22(b)(2 and 3)(i)), on the geologic cross-section and the stratigraphic data sheet in the lithology modifiers column.

If not available for existing logs, data may be provided by other means. However, the location of ground water occurrences is required on all logs submitted for sections measured or holes drilled.

Narratives –

A narrative must accompany baseline data discussing and interpreting the data significance. The PHC narrative must evaluate all geologic and hydrologic data relative to the proposed operation (§§4VAC25-130-780.21(f) and 4VAC25-130-784.14(e)).

Using hydrologic baseline data, each water-bearing stratum should be addressed in the narrative with a determination made as to its significance to the hydrologic balance within the cumulative impact area. The potential impact of subsidence should also be discussed in the PHC narrative.

The surface and ground water compliance monitoring plans should be developed to determine if the impacts are as anticipated by the PHC after the baseline conditions have been established, the mining plan developed, and the PHC determination made.

Roof Control Standards for Continuous MiningDoc ID: DM-G-161109

Original: 519 words
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I. DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

A. COAL MINE SAFETY ACT

B. CHAPTER 14.3

C. ARTICLE 2

D. ROOF, RIB AND FACE CONTROL E. Issue Date: 7/01/01 Revised Date: 8/01/01 F. Page 1 of 3 Section 45.1-161.109.A.

Roof Control Plans

Approved roof control plans require that the maximum allowable cut depth, when the continuous mining machine is operated from the deck be 20 feet, or the distance as measured from the most inby manually operated control (hand or foot) to the inby end of the continuous mining machine, whichever is less. In approval of the mining of “deep cuts”, provisions will be provided, either through a conspicuous reference mark on the continuous mining machine or through some other means, to indicate when maximum cut depth is attained.

The following guidance is provided for inspectors when measuring cut depths in crosscuts and pillar splits:

Crosscuts turned at 90 degrees should be measured perpendicular to the entry from the last row of bolts to the deepest point of penetration. Crosscuts turned at 45 and 60 degrees (or other angles less than 90 degrees) should be measured in the direction of mining from the last row of permanent supports to the deepest point of penetration. The deck, or conspicuous mark, must remain under supported roof at all times, even when the continuous mining machine is set over for the next run or lift. However, it should be understood that the measurement should be taken from the point from which the operator of the machine has identified his position from the machine’s controls or reference mark identifying the maximum cut depth allowed.

An illustration is provided on the following sketch to depict conditions that may be evaluated during the mining of a 45-degree left partial pillar split and a 90-degree right crosscut entry during development. (Typical Pillar Split)

10.5' 45 degree turn

(Typical development cut) 20' 20' max 90 degree turn max Continuous Miner est. 30' 20' max 20' max Continuous Miner 20'max

4' to 6' max Deck or Foot Controls

Installed Roof Support45.1-161.109.A.

Roof, Rib and Face Control

When evaluating permanent roof support spacing to determine compliance with an approved roof control plan, inspectors should measure the lengthwise and crosswise distances between roof bolts.

To assist in accurately measuring the proper spacing of installed permanent roof support, approved roof control plans state: “Roof bolts shall be installed in a reasonably straight line crosswise to obtain optimum protection from the ATRS and previously installed roof bolts, unless otherwise specified in this plan.”

Roof bolt spacing specified in a plan represents nominal dimensions and reasonable tolerances for installation are permitted. To require roof bolt operators to reach inby and make exact measurements may introduce unnecessary hazards. Therefore, an occasional inadvertent deviation that slightly increases the required spacing of roof bolts (not to exceed 6”), but does not detrimentally affect support performance may not constitute a violation of the approved roof control plan. DM personnel should apply judgment and consideration of overall roof conditions and roof support installation in determining whether enforcement action is appropriate related to roof bolt spacing.

Virginia Clean Energy Loan Underwriting GuidelinesDoc ID: 5861

Original: 4,346 words
Condensed: 2,784 words
Reduction: 35.9%

Final uniform statewide financial underwriting guidelines for clean energy loans made by localities under §15.2-958.3 of the Code of Virginia

As required by Chapter 427 of the 2015 Acts of Assembly

Prepared by the Virginia Department of Mines, Minerals and Energy

December 1, 2015Table of Contents Executive Summary ........................................................................................................................... i Introduction ..................................................................................................................................... 1 PACE financing for commercial property owners ........................................................................... 2 PACE financing and private financial institutions ............................................................................ 3 The Investor Confidence Project ..................................................................................................... 4 Virginia Uniform Statewide Financial Underwriting Guidelines ...................................................... 4 Total Loan to Value Ratio (LTV) ............................................................................................... 4 Voluntary Special Assessment (PACE Financing) to Assessed Value Ratio.............................. 5 Savings to Investment Ratio (SIR) ............................................................................................ 5 Requirements for a Technical Assessment .............................................................................. 6 Disclosure of the Voluntary Special Assessment (PACE Assessment) to Future Buyers ......... 8 Other considerations and conclusion .............................................................................................. 9 Executive Summary

During the 2015 session of the Virginia General Assembly, the legislature and governor approved legislation modifying §15.2-958.3 which among other things, directed the Virginia Department of Mines, Minerals and Energy (DMME) to develop uniform statewide financial underwriting guidelines for clean energy (property assessed clean energy or PACE) loan programs developed by localities pursuant to §15.2-958.3. In developing the guidelines, DMME elicited input from groups representing real estate, energy efficiency, banking, local governments, and other interests or industries and included in the guidelines certain specific criteria as required by law.

These criteria included: savings to investment ratio, loan-to-value ratio, assessment to assessed value ratio, technical assessment requirements and disclosure to future owners. The guidelines and criteria are summarized in the table below (Table ES-1) and were developed to specifically apply to non-residential PACE financing programs pursuant to §15.2-958.3.

In developing the financial underwriting guidelines, DMME balanced the need for local government discretion with the need for uniform guidelines to support the growth of PACE programs. Because PACE loans are repaid through special property tax assessments placed on a property, local governments will have discretion in setting programmatic requirements and ensuring that underwriting guidelines reduce risk of default and support local program objectives.

DMME also recognized that for some criteria such as savings to investment ratio, or loan to value ratio, the parties involved in the transaction should have the flexibility to determine whether they wish to proceed with the transaction. Ultimately, regardless of the underwriting guidelines mentioned herein, existing lienholders, PACE capital providers, borrowers, and local or third party administrators will need to agree whether to provide PACE financing.

Table ES-1: Summary of Uniform Statewide Financial Underwriting Guidelines for PACE Loans Underwriting Criteria Guideline Total Loan to Value Ratio (LTV) ≤90% of the assessed or appraised property value (including the PACE loan). Debt-Service Coverage Ratio ≥ 1.0. Exceptions evaluated on a case-by-case basis.

Special Assessment to Assessed Value Ratio ≤20% of the assessed or appraised property value. Exceptions evaluated on a case-by-case basis.

Savings to Investment Ratio (SIR) ≥1.0. Exceptions evaluated on a case-by-case basis. Localities and administrators to determine how to characterize “savings.” Technical Assessment Requirements based on the size and scope of the project as well as the requirements of the lender and administrator.

Disclosure to Future Owners Localities to record the special assessments in a way that makes them discoverable in a title search.

Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans i The development of uniform statewide financial underwriting guidelines for PACE loans in Virginia is only one piece of establishing a functioning PACE financing program. In addition to developing financial underwriting guidelines, localities will need to develop or work with a third party administrator and lending institutions to identify eligibility criteria for property owners and eligible costs that can be included in the PACE loan. Some of these requirements are established by law while others will need to be identified in the locality’s enabling ordinance. Among other criteria, in order for PACE assessments to achieve priority tax lien status, state law requires a written subordination agreement by all existing mortgage holders and evidence that a property owner is current on property loans and tax payments and is not insolvent or in bankruptcy proceedings. Also, the title of the property cannot be in dispute.

The purpose of this guidance document is to provide localities that are interested in developing a PACE financing program enough information to start a dialogue about the underwriting process and guidelines necessary to facilitate PACE projects. PACE financing can be very attractive to commercial property owners and lenders because it offers favorable terms, enhances the property value, and from the perspective of capital providers is a relatively secure investment. Mortgagees with existing liens on properties will need to agree to subordinate their lien status to a PACE lien before a borrower can close on PACE financing. Although more details need to be developed in order to start a PACE program, these financial underwriting guidelines are designed to help localities, administrators, and capital providers determine which projects can be financed to encourage investments in energy and water efficiency improvements and mitigate risk.

Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans ii Introduction The Virginia Department of Mines, Minerals and Energy (DMME) as directed in Chapter 427 of the 2015 Virginia Acts of Assembly has established the following uniform statewide financial underwriting guidelines for loans made pursuant to §15.2-958.3 of the Code of Virginia. In developing these guidelines, DMME incorporated input from representatives of the Virginia Bankers Association, the Virginia Energy Efficiency Council, the Virginia Association of Realtors, the Virginia Municipal League, the Virginia Association of Counties, and the Virginia Association for Commercial Real Estate. DMME also received input from the Metropolitan Washington Council of Governments, several local jurisdictions, and members of the public. As directed by the legislation, the guidelines include the evaluation of the following criteria: total loan to value ratio, voluntary special assessment (PACE assessment) to assessed value ratio, savings to investment ratio, the requirement for energy assessments, and the disclosure of an assessment to future owners.

In Virginia Property Assessed Clean Energy (PACE) financing can be used to finance renewable energy, energy efficiency, and water usage efficiency improvements. The underwriting guidelines proposed by DMME are not mandatory. Localities, in consultation with their administrator and participating capital providers, may modify these underwriting guidelines in order to better fit the specific needs and goals of their jurisdiction’s PACE program.

When developing a PACE financing program, localities, PACE financing program administrators and lenders will need to set objectives to manage and minimize risk. Because PACE financing programs require local government support to function, they need to support local goals and objectives. According to §15.2-958.3, a locality’s enabling ordinance for a PAC E program “shall include but not be limited to…[the] kinds of renewable energy production and distribution facilities, energy usage efficiency improvements, or water usage efficiency improvements for which [PACE] loans may be offered.” By extension localities have discretion in terms of identifying the savings associated with PACE-financed projects.

PACE financing, like any financing product, carries the risk of default. Localities, PACE administrators and capital providers need to develop policies and protocols to manage the risk of default. These guidelines are intended to be sufficiently detailed to provide guidance to localities interested in developing a PACE program but general enough to provide discretion to administrators and capital providers to meet specific program objectives while minimizing risk of default. These underwriting guidelines were developed to specifically apply to non-residential PACE financing programs.

Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 1 PACE financing for commercial property owners PACE allows for the financing of up to one hundred percent of the upfront costs of making energy improvements to a property and is repaid through a voluntary special assessment that is placed on a property’s tax bill regardless of whether the financing originates from a public or private entity. These assessments are secured in the form of a property tax lien, which is placed on the property only if there is a written subordination agreement by all existing mortgage holders. For simplicity, “PACE assessment” refers to the voluntary special tax assessment. Depending on a commercial owner’s specific lease structure, commercial property owners may benefit from PACE loans in a triple-net lease environment because the repayment obligation of the PACE assessment can be passed through to tenants. Commercial property owners may also benefit because the financing and accompanying assessment transfer to the next owner when a property is sold.

Commercial property owners are sometimes reluctant to make energy improvements to their buildings because the landlord would be responsible for the upfront capital costs while the tenant benefits from the lower utility bills that result from such improvements. This is the so-called “split incentives” problem where the landlord would not necessarily be able to benefit from the generated savings. Because many commercial leases allow for special tax assessments to be passed on to tenants, PACE assessment payments can be passed on to the tenants who benefit from the energy improvements.

Another reason property owners hesitate to make energy investments is that clean energy improvements, such as energy efficiency or renewable energy technologies, often have payback periods in excess of five or six years, which are typical terms for most commercial property loans. In addition to having longer terms (typically equal to the weighted average of the expected life of the measures financed) that can be as long as 20 or 30 years, PACE assessments transfer with the sale of the property, so the next owner would be responsible for assuming the PACE assessment payments.

PACE assessment payments can be structured in a way such that the annual cost savings exceed the annual assessment payments, resulting in a positive cash flow for a property. In addition, some of the improvements financed through PACE loans can make space that was previously unusable or uninhabitable usable and able to generate more income for the owner.

Because PACE assessment payments can be passed through to tenants, transferred to future property owners, and used to make investments that may generate positive cash flows, commercial property owners who make planning decisions for periods that are typically shorter Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 2 than the life of a particular energy conservation measure or energy improvement may benefit from the flexible financing options provided by PACE.

PACE financing and private financial institutions Private financial institutions may be interested in offering PACE financing because it is a financial instrument that finances improvements that enhance and protect the collateral of banks.

Because many PACE-financed projects improve comfort and desirability of a property, PACE can enhance and increase property values. Many of the improvements financed with PACE are improvements that owners and mortgagees want implemented because they improve the desirability of the building. Replacing boilers or chillers, upgrading to high-efficiency lighting, or installing photovoltaic panels or solar thermal hot water heating equipment can all increase property values while generating a positive cash flow.

PACE assessments are secured in the form of a tax lien, which means that in the event of a default and ensuing foreclosure, delinquent PACE assessments are to be repaid first after ad valorem taxes. Primary mortgagees are protected because PACE assessment liens can only achieve priority status if all existing lienholders on a property consent to subordinating their lien status to the PACE lien. Because PACE assessment liens are treated as special tax liens, they are “non-accelerating.” Typical mortgages and other types of loans contain acceleration clauses that require the borrower to pay off the loan immediately if certain conditions are met, such as if the borrower misses too many payments. Because PACE assessments are “non-accelerating,” if a borrower defaults and the property goes into foreclosure, the foreclosure proceeding will only pay the PACE capital provider the amount that is due in arrears (only delinquent payments). Should the property be acquired by the future owner, the future owner would assume the PACE loan payments. In this way, both the risk undertaken by the PACE capital provider and the primary mortgagee are mitigated by trying to ensure that enough value remains in the property after the tax lien has been satisfied in order to allow the primary mortgagee to recover its investment.

The law allows PACE assessment liens to effectively achieve the same priority status as property tax liens on a property only if existing lienholders consent to the PACE lien through a written subordination agreement recorded with the special assessment lien. This means that regardless of the financial underwriting guidelines in place for capital providers to provide PACE financing, the borrower still needs to secure lender consent through a written subordination agreement from any existing lenders who hold liens on the property. As a result, the underwriting Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 3 guidelines adopted by localities need to be acceptable both to a PACE capital provider and the current lienholders on a property.

The Investor Confidence Project The Investor Confidence Project (ICP) is a project of the Environmental Defense Fund that many other states including Texas have used to develop protocols and guidelines for financing energy efficiency projects. DMME makes reference to the ICP Efficiency Project Framework when suggesting protocols for energy assessments and audits.

Virginia Uniform Statewide Financial Underwriting Guidelines Chapter 427 directs the Virginia Department of Mines, Minerals and Energy to develop uniform statewide underwriting guidelines. In developing these guidelines, DMME solicited input from various stakeholders. The legislation stipulates that the guidelines include: total loan to value ratio, special voluntary assessment (PACE loan) to assessed value ratio, savings to investment ratio, requirements for a technical assessment, and requirements to disclose the voluntary special assessment to future owners. The phrase “voluntary special assessment” pertains to the PACE assessment and the guidelines will use the term “PACE assessment” for simplicity.

Also, it is important to note that the underwriting guidelines are voluntary. Localities may choose to adopt them in full or in part. As mentioned before, Virginia’s PACE law requires that existing mortgage holders consent through a recorded written subordination agreement prior to a voluntary special assessment for a PACE loan achieving priority tax lien status on a property to which they already have a mortgage. This means that the primary mortgagee will also have the opportunity to evaluate whether the loan can be repaid by the borrower.

Total Loan to Value Ratio (LTV) Total loan to value ratio is the ratio of the total debt secured by a property (including the PACE financing) to the assessed or appraised property value. The purpose of setting a maximum LTV ratio is to ensure that there is sufficient collateral to secure the PACE assessment in the event of a default. The loan value should include the amount of PACE financing. The locality should exercise its discretion about whether to use assessed or appraised values. For example assessed values may vary considerably based on the vacancy rate at a property, and in this case, it may be more accurate to use appraised value as the basis for determining the value of the property. Regardless, the maximum allowable LTV should be 90% of the assessed or appraised property value.

Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 4 To further mitigate risk of default, DMME recommends adding an additional measure of a borrower’s ability to pay in the form of a debt service coverage ratio (DSCR). DSCR is defined as net operating income (yearly gross revenue minus operating expenses) divided by the total debt service, including the PACE financing. A DSCR of greater than or equal to one indicates that a property generates enough revenue to cover its debt service. Requiring a DSCR greater than one can further reduce risk of delinquency and default because it shows that the property raises enough revenue to cover its debt service payments. DMME recommends a DSCR equal to or greater than 1.

Together setting the maximum allowable LTV at 90% coupled with a DSCR of greater than or equal to 1 should provide sufficient risk mitigation for lenders and borrowers. Localities should have the flexibility to increase the LTV limit or reduce the DSCR threshold on a case-by-case basis only if there are no existing debts on the property.

Voluntary Special Assessment (PACE Financing) to Assessed Value Ratio The voluntary special assessment (PACE financing amount) to property value ratio is the PACE financing amount divided by the assessed or appraised value. Setting a maximum PACE financing amount to assessed value ratio provides additional protection by reducing the risk of default. The PACE financing amount to property value ratio should be no more than 20%.

Similar to LTV above, the locality should use its discretion when using assessed versus appraised value. Furthermore, a local program administrator may choose to waive the 20% threshold on a case-by-case basis if all parties agree. This may also take place if there is no current mortgage or debt obligation or other extenuating circumstance.

Savings to Investment Ratio (SIR) Savings to investment ratio (SIR) refers to the ratio of overall project savings to overall project costs. An SIR greater than one indicates a project whose savings are greater than the costs.

Although the SIR can help property owners evaluate the value of a PACE project, SIR is less important for financial underwriting because lenders want to ensure that borrowers will be able to repay their loans even if the costs are greater than the savings.

There are examples of projects that would be good candidates for PACE financing although their SIR is less than one. For example, a project that would include improving the health, safety, or occupancy of the building would generate revenue or produce benefits to the owner that are not included in the savings calculation. SIR for the project may be less than one, but the improvements may allow for increased cash flow to the owner and thus still preserve or even improve the owner’s ability to pay for the loan.

Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 5 As a result, DMME recommends that if localities chose to use SIR in their PACE programs, the SIR should be greater than one, but allow the inclusion of ancillary benefits in addition to utility savings. The SIR should be applied to the entire project, and not just individual energy conservation measures. In addition, the administrator should be allowed to issue a waiver for projects where the SIR is less than one if the parties involved agree that it is acceptable to have such an SIR.

Requirements for a Technical Assessment Requiring technical assessments such as an energy audit of a PACE financed project can help ensure that a project is feasible and that it delivers the expected savings. DMME recognizes that some projects, such as single-measure projects, are simpler and require a basic assessment while others are more complex and require a more sophisticated assessment. Rather than requiring a single type of assessment such as an American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Level II or Level III audit, the technical assessment protocols should be based on the specific characteristics of the building and project. Localities may wish to use the recommendations of the Investor Confidence Project (ICP) Efficiency Project Framework to determine which protocols are suitable provided the building type and the size and scope of the project. To ensure that projects deliver savings, DMME recommends that localities require that PACE borrowers submit a technical energy assessment that is based on the size and type of the building and the size and scope of the project. Local governments and their administrators can decide whether and when to require independent third party assessments and the extent to which the costs of the assessment can be included in the PACE financing amount. For other clean energy projects such as solar photovoltaic or solar thermal water heating, the locality, administrator and lender should work together to develop an acceptable assessment methodology that considers the size and scope of the project.

The ICP Efficiency Project Framework designates standards and best practices for various stages of an energy project from baselining energy use and projecting savings to measuring and verifying savings after the project is complete. These standards are different for each building type or risk model and they designate protocols for determining an energy usage baseline; projecting energy savings; overseeing design, construction and verification of the measures; monitoring operations and maintenance; and lastly measuring and verifying savings after the project has been completed. Localities can apply the ICP Large, Standard, and Targeted protocols for baselining Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 6 energy usage and projecting savings that are outlined in the ICP Efficiency Project Framework to

individual projects based on project scope according to guidelines described in Figure 1.

Figure 1: ICP Efficiency Project Framework specifies requirements for baselining and projecting energy savings size and scope of project.

Notes: TOU means “Time-of-use” Source: The Investor Confidence Project, 2015. http://www.eeperformance.org/technical-summary.html

For example, a commercial whole building retrofit with a cost of over $1 million would

submit an energy assessment that follows the ICP Large Commercial Protocol for baselining and

energy savings projections, which would entail a more comprehensive assessment. On the other

hand, a single measure commercial building project of less than $1 million would use the ICP

Targeted Commercial Protocol whose protocols are less stringent. Requiring onerous or costly

energy assessment for all projects regardless of size or measure could discourage the development

Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 7of smaller energy projects that could result in substantial savings, and failing to require comprehensive and industry-accepted assessments for larger more complex projects could result in a project’s failure to produce savings and thus increase the risk of default on a loan. Allowing for different assessments based on size and scope of the project mitigates risk and avoids crowding out smaller projects with onerous assessment requirements.

Although the ICP has protocols for measurement and verification of savings, DMME is not recommending any specific measurement and verification protocols for energy projects at this time.

DMME understands that robust measurement and verification protocols are vital to ensuring accountability and to building confidence in energy efficiency projects, and the agency encourages participants with larger projects to include measurement and verification in their projects. For smaller projects, measurement and verification activities that adhere to widely accepted protocols such as the International Performance Measurement and Verification Protocol (IPMVP) Option C can be very costly. In some cases, the costs of measurement and verification for a single project can exhaust most or all of the projected savings of a project. As a result, DMME recommends encouraging borrowers to consent to allowing the local program administrator and their utilities to share their application information (including the energy assessment) and detailed monthly energy consumption data (at the meter level for the property, without regard to any sub metering) for three years before and three years after the PACE financed project with an independent third party for evaluative purposes, assuming that this data is readily available. Third parties who use this data should be required to enter non-disclosure agreements with the utility and local administrator to ensure that detailed individual consumption data is not made publicly available. Only aggregated performance data about the entire program should be shared publicly.

Disclosure of the Voluntary Special Assessment (PACE Assessment) to Future Buyers Because a PACE assessment “runs with the land,” a seller does not necessarily need to pay off the PACE obligation before selling their property. In the event of a sale, the PACE obligation would transfer to the new owner who would assume responsibility for making the assessment payments. If future buyers are not aware of a PACE lien on a property, they may not be aware of the financial obligation they would have to satisfy additional payments on their property tax bill. In addition, if a prospective buyer is financing their purchase with a mortgage, the mortgagee would need to consent to the existence of a PACE lien on the property. In Virginia, it is typical for a title search to occur prior to settlement in order to identify any existing liens on a property. DMME Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 8 recommends that localities record PACE liens in a way that would make such liens easily discoverable in a title search.

Other considerations and conclusion The development of uniform statewide financial underwriting guidelines for PACE financing in Virginia is only one piece of establishing a functioning PACE financing program. In addition to developing financial underwriting guidelines, localities will need to work with their administrator and lending institutions to identify eligibility criteria for property owners and eligible costs that can be included in the PACE financing. Some of these requirements are established in §15.2-958.3 of the Code of Virginia while others will need to be identified in the locality’s enabling ordinance. Among other criteria, in order for a PACE lien to achieve priority tax lien status, state law requires a written subordination agreement by all existing mortgage holders, as well as evidence that a property owner is current on property loans and tax payments, evidence that a property owner is not insolvent or in bankruptcy proceedings and evidence that the title of the property is not in dispute.

The purpose of this guidance document is to provide localities that are interested in developing a PACE financing program enough information to start a dialogue about the underwriting process and guidelines necessary to facilitate PACE financing. PACE financing can be very attractive to commercial property owners and lenders because it offers favorable terms, enhances the property, and from the perspective of lenders is a relatively secure investment.

Mortgagees with existing liens on properties will need to agree to subordinate their lien status to a PACE lien before a borrower can secure PACE financing. Although more details need to be developed in order to start a PACE program, these financial underwriting guidelines are designed to help localities, administrators, and lenders determine which projects can be financed to support PACE projects and mitigate risk.

Virginia Uniform Statewide Financial Underwriting Guidelines for PACE Loans 9

Hazardous Waste Reporting ProceduresDoc ID: DMLR-P-1202

Original: 784 words
Condensed: 685 words
Reduction: 12.6%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.02

PROCEDURES MANUAL ISSUE DATE September 25, 2006 SUBJECT Hazardous/Toxic Waste Reporting Section All Last Revised 4-17-06

OBJECTIVE AND INTENT:

To ensure the Division coordinates the reporting of hazardous waste materials, spills, and underground storage tanks to the appropriate State agency(ies) responsible for cleanup - as required by the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Act, and the applicable laws, regulations, and programs administered by the Virginia Departments of Emergency Management (DEM) and Environmental Quality (DEQ).

GENERAL:

For the purpose of this procedure, hazardous/toxic waste shall mean:

Any substance, which can pose a health and/or safety problem to the public and/or the environment. Substances which could be considered hazardous/toxic waste include, but are not limited to: transformers, oil, gasoline, diesel fuel, kerosene, motor oil, hydraulic fluid, etc.

PROCEDURES:

Whenever Division field personnel observe or have reason to believe that there may be a hazardous or toxic waste spill or leak on an active or abandoned mine site (including bond forfeiture sites), the employee shall immediately contact the Big Stone Gap or Lebanon Office to report the situation. AML, Reclamation Services, Technical, and other field personnel shall report the incident to the Reclamation Services Office Services Specialist (OSS).

The OSS shall immediately inform the company’s representative/owner (if known) and the following offices of the situation and site location:

  • DEQ’s Abingdon office at (276) 676-4800 or other DEQ regional office, as appropriate.
  • DEM’s emergency HOTLINE - Notification should be made to the local hazardous materials coordinator and the appropriate Hazardous Materials Officer for DEM. Contact with a HAZMAT Officer can be made through the Virginia Emergency Operations Center at (800) 468-8892. Additional information may be obtained from DEM's “Resource Guide for the Investigation of Environmental Crimes” at http://www.vaemergency.com/library/techhaz/ECTF_resourceguide0105.pdf

The OSS shall inform the appropriate Area Supervisor and Reclamation Services Manager by computer note.

Division personnel shall not attempt clean-up efforts, but should defer such action to properly trained personnel of the DEM, DEQ, or Environmental Protection Agency.

The Division employee shall also prepare a written report describing the situation (with Digital photos documented on the photo documentation form). The electronic form shall be promptly submitted 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.02

PROCEDURES MANUAL ISSUE DATE September 25, 2006 SUBJECT Hazardous/Toxic Waste Reporting Section All Last Revised 4-17-06 to the Big Stone Gap office, in order that a copy may be forwarded to DEQ within 5 working days from the time the Division became aware of the situation. Upon receipt of the report, the OSS shall forward a copy to DEM or DEQ. A copy shall also be forwarded to the mining company and property owner (if known).

Division personnel certified by DEM in hazardous or toxic material handling may be called upon to assist the DEM or DEQ in collecting pertinent information and investigating the situation.

In addition to hazardous and toxic spills and leaks, Division personnel shall notify the DEQ of any abandoned:

  • underground storage tanks discovered on an abandoned mine site.
  • transformers found on mined lands. However, any transformers that are still attached to electrical poles or platforms shall be reported to the local power company office (to determine ownership). If the power company owns the transformers, then the power company will be requested (in writing) to remove the transformers from the site. If the power company removes the transformers, the Division does not need to notify DEQ.

However, if the power company elects to leave the transformers in place, the Division shall notify DEQ (copying DEQ with the agency’s and power company’s correspondence).

  • leaking transformers (should be immediately reported to DEQ). The Division shall also notify the company which last operated on the property, if known.

RECLAMATION - CLEAN-UP:

DEM and DEQ are the lead State agencies responsible for the clean-up of areas contaminated by hazardous or toxic waste materials. Due to the potential severity of the situation, DEQ’s clean-up efforts could delay the final reclamation of the particular mine site.

The Division must coordinate the reclamation of the specific areas, which have hazardous or toxic waste problems (including underground storage tanks) with DEQ and other appropriate State and Federal agencies. While the Division will take into consideration the impact the hazardous or toxic waste clean-up may have upon the reclamation of the entire mine or project site, the Field Inspector should work to ensure that the remaining areas are reclaimed in a timely fashion per the approved detailed plans or contract specifications. If the spill is on a permitted mine site, the inspector shall evaluate the situation and take any necessary enforcement action to correct the problem and insure compliance with all applicable regulations and approved detailed plans. 2

Sediment Pond Effluent Management and Bond ReductionDoc ID: DMLR-P-3316

Original: 987 words
Condensed: 806 words
Reduction: 18.3%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.16

PROCEDURES MANUAL ISSUE DATE April 4, 2003 SUBJECT Sediment Pond Effluent Limits/Removal Section Enforcement Pre-bond Reduction Inspections Last Revised

OBJECTIVE AND INTENT:

The Field Inspector will be pro-active in determining whether a sediment pond is eligible for post reclamation effluent limitations and removal; as well as, to ensure that all necessary steps or measures have been taken to expedite the review of bond reduction/release applications.

PROCEDURES:

Sediment Pond(s) -

This procedure will eliminate the need for a permit revision to change a sediment pond’s effluent limitations (post-reclamation) and for removal of the structure.

Once the drainage area served by a sediment pond has been regraded and seeded in accordance with the approved permit plans, the Inspector will evaluate the complete inspections and monitoring data (submitted by the permittee) to determine whether an effluent discharge problem exists for the structure.

If the data indicates no effluent non-compliances or problem discharges from the pond for at least the past six months, the Inspector will inform the permittee that water sampling frequency requirements will be reduced to once per month and that only post reclamation parameters will be required to be monitored (pH and settleable solids). All other NPDES permit conditions will remain unchanged. The Inspector will document in the inspection report the evaluation of the water quality data, regrading, seeding, any other relevant site conditions, and instructions regarding monitoring requirement changes. The Inspector will indicate on the report that a “plan modification” (code PM) has been made. (Changes to the Division’s computer records will follow the updating procedures described below.)

The Inspector will monitor the vegetation success for the drainage area served by the pond and water discharges (Inspector’s samples and company’s monitoring), documenting this information in the complete inspection reports. Once vegetation appears adequate (as required by the approved plans -minimum of 2 years) and the water monitoring data indicates no effluent non-compliances or problem discharges, the Inspector should advise the permittee to perform a vegetative survey as a preliminary step towards eventual pond removal. When vegetative cover is determined to be adequate for pond removal, the Inspector should schedule an onsite meeting with the permittee/operator to determine a timetable for removing the pond (usually within 90 days of the site meeting). The Inspector may request the assistance of the engineering or water quality specialists at this meeting to determine whether the structure may be removed. The Inspector shall document the discussions or agreements in the inspection report.

The Inspector should document the status of the pond removal in the ensuing complete inspection reports. The Inspector should note any circumstance or situation that may delay pond removal beyond 90 days. If upon expiration of the agreed pond removal timetable (with any extensions), the Inspector notes that the pond has not been removed, enforcement action to cause removal may be issued (see Procedure

  1. 3.01).

When the pond is removed (eliminating the NPDES monitoring point), the Inspector shall document the pond removal and the underlying evaluation of the water quality data, revegetation success of the drainage area, and the current site conditions in the inspection report. The report shall state that a “plan modification” (code PM) has occurred. (Changes to the Division’s computer records will follow the updating procedures described below.) 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.16

PROCEDURES MANUAL ISSUE DATE April 4, 2003 SUBJECT Sediment Pond Effluent Limits/Removal Section Enforcement Pre-bond Reduction Inspections Last Revised NPDES Permit System and Laptop Enforcement Program Updates – When the sediment pond is removed, the Inspector will update the permit pond data on the laptop enforcement program (Enforcement Certification Information Field data) by entering the completed date (DEL-DELETED FROM PERMIT). (This will keep the pond from being included when the next electronic permit data dump is made.)

The Inspector shall e-mail a tif image of the inspection report to the Water Quality Section when it is determined that:

  • the monitoring frequency and parameters monitored of a sediment pond have been revised, and
  • a sediment pond has been removed and the NPDES discharge point is eliminated.

The inspection report shall document changes in the water quality data by use of the following table:

MPID# Outfall # Date Reduced Date Deleted

Upon receipt of the inspection report, the Water Quality Section will review the applicable inspection report and update the appropriate NPDES records (Dynaterm) by entering the monitoring changes or ending date of the NPDES discharge point.

Pre-bond Reduction/Release Inspections –

The Inspector may arrange an onsite meeting with the permittee/operator, Area Supervisor, and any necessary technical personnel for the purpose of determining whether the company needs to perform any work or submit a revision that would facilitate bond reduction or release. This may include, but not be limited to, a PHC evaluation, need of a vegetative survey, barrier stability analysis, etc.

For areas eligible for Phase 2 or 3 bond reduction, it is to the company’s advantage that a vegetative survey be conducted and available for review during the site visit. (The survey could be prepared to indicate the vegetation success when the sediment ponds were removed.)

In the event that a permittee is in bankruptcy or no longer active in mining and reclamation operations, the Inspector (with assistance of the Ecologist or other qualified DMLR personnel) may conduct the vegetative survey, if it has not been previously prepared.

Once the postmining land use has been adequately established, the Inspector should encourage and work with the permittee to prepare the appropriate bond reduction/release application and schedule a date for submittal to the Division.

The status of the bond reduction/release application should be documented in the subsequent inspection reports. The Inspector should note any circumstance or situation that may delay submittal of the reduction/release application. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.16

PROCEDURES MANUAL ISSUE DATE April 4, 2003 SUBJECT Sediment Pond Effluent Limits/Removal Section Enforcement Pre-bond Reduction Inspections Last Revised 3

Virginia Coal Mining Water Replacement & Subsidence Repair GuideDoc ID: DMLR-G-WRSR

Original: 3,612 words
Condensed: 2,692 words
Reduction: 25.5%

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

P. O. DRAWER 900; BIG STONE GAP, VA 24219

TELEPHONE: (276) 523-8156

VIRGINIA COAL SURFACE MINING AND RECLAMATION

PERMANENT REGULATORY PROGRAM

A GUIDE1 TO WATER REPLACEMENT

AND SUBSIDENCE REPAIR

TABLE OF CONTENTS Introduction Page 2

Water Supply Impacts Page 2

  • Replacement Water Supplies – Interim Water Replacement Plan Page 3
  • Permanent Water Supply Replacement Page 4
  • Cost and Responsibilities Page 6
  • Termination of Water Replacement Order Page 7

Subsidence Damage Repair Page 7

Replacement/Repair Agreements Page 8

  • Water Replacement or Subsidence Repair Order Page 8
  • Compensation Offers Page 9

1 This is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Page 1

December 2002Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair Introduction

The Department of Mines, Minerals and Energy/Division of Mined Land Reclamation (DMLR) has jurisdiction to resolve complaints that may arise when adverse impacts occur to covered water supplies and surface lands and property from coal mining operations, under §45.1-230 of the Code of Virginia, as amended, and the regulations promulgated thereunder.

The DMLR initiates an investigation whenever it receives a complaint alleging a mining operation has adversely impacted property or other resources. If the DMLR’s technical investigation determines that a mining operation has adversely impacted a covered water supply or damaged property through subsidence effects, the DMLR will issue a notice to the company to repair or replace the impacted supply or structure, or to compensate the property owner for the adverse impact. (See §§4 VAC 25-130-816.41(h), 4 VAC 25-130-817.41(j), and 4 VAC 25-130-817.121(c) of the Virginia Coal Surface Mining Reclamation Regulations.)

The company has the right to request administrative review of a water replacement or subsidence repair notice, pursuant to the Virginia Administrative Process Act. If a request for administrative review is filed, the DMLR may require a company to implement interim measures to ensure the situation is not posing a hardship upon the water supply user or presenting a hazard to the impacted persons.

This memorandum is intended to provide guidance to industry and the public in understanding what the DMLR looks for in evaluating whether a company has met its obligations under the regulations and the approved permit, insofar as water replacement and subsidence mitigation. It should be understood that the circumstances of each situation may warrant a unique resolution for the individual case.

The following guidance is predicated on the assumption that DMLR’s complaint investigation has rendered an opinion that a mining operation has adversely impacted a covered water supply, structure, or resource.

I.

Water Supply Impacts

§4 VAC 25-130-816.41(h) - Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities.

§4 VAC 25-130-817.41(j) - The permittee must promptly replace any drinking, domestic or residential water supply that is contaminated, diminished or interrupted by underground mining activities conducted after October 24, 1992, if the affected well or spring was in existence before the date the division received the permit application for the activities causing the loss, contamination or interruption.

Page 2 December 2002 Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair Some of the ways an operator may address a water supply loss, diminution, or contamination complaint (with the complainant’s concurrence) are:

  • providing temporary water and allowing time (up to 3 years) for the affected water supply to recover;
  • providing a replacement water supply that is adequate in quality and quantity to serve the existing use(s) of the original water supply; or,
  • entering into a private agreement with the property owner setting the: -amount of compensation the property owner is to receive for the loss of the original water supply, and -any other terms of the replacement.

Besides meeting quantity and quality requirements, a replacement water supply should be reliable, accessible to the property owner, controllable by the property owner, and operable at a cost that is not significantly higher than that associated with the original water supply.

Replacement Water Supplies - Interim Water Replacement Plan

Pursuant to §45.1-245 of the Code of Virginia, a company may be instructed to provide temporary water to the complainant(s)2. Temporary water must be provided until –

  1. A permanent replacement has been established,
  2. A determination is made that the company is not responsible for the impact, or
  3. Until the DMLR determines the original supply has recovered from the adverse impacts to the extent that pre-mining uses are maintained and supported.
  • The temporary supply should be of sufficient quantity and meet applicable public health quality standards.
  • The temporary supply should be installed and operational within 48 hours after the DMLR’s preliminary investigation determines the loss may have been caused by the coal mining operation.
  • At the landowner’s option, the company may reimburse the water user for all additional and reasonable costs the landowner incurred in providing his/her own temporary water. The company may also opt to pay the costs up front.
  • The company should notify DMLR when the temporary water supply is in place and available for use.

The company may elect to provide a permanent replacement without waiting for a final DMLR decision concerning the need for permanent replacement. 2 A company does not have to wait upon the DMLR technical investigation finding to initiate water replacement. If the company believes its operations impacted a covered water supply, it may proceed on its own to establish a permanent water replacement.

Page 3 December 2002 Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair Permanent Water Supply Replacement

In the event DMLR’s technical investigation determines that a water supply has been contaminated, diminished, or interrupted by a coal mining operation, the company will be issued a water replacement order to replace the affected supply. Water replacement should be comparable to the quality, quantity, and duration of the original supply. No final bond release on disturbed lands within the permit area may occur until:

  • Satisfactory water replacement has been achieved.
  • Interim water supply costs and permanent replacement costs incurred by the complainant, if any, have been reimbursed (Note: only those additional costs in excess of the pre-impact costs).
  • The water replacement order is terminated.

If a new well is drilled or an existing well is deepened or modified, the company should notify the DMLR as soon as the replacement is completed and operating, and provide copies of the:

  • Well log/drilling report, with results of the pumping test;
  • If a new well is drilled, a written statement (signed by the well driller) verifying that the old well was properly abandoned (plugged), or evidence that the landowner plans to use the old well.

Should a replacement water well be installed, the company should:

  • Pay for all capital costs associated with installation of the replacement supply, including any additional materials and labor necessary to connect the replacement supply to the existing plumbing system.
  • Be responsible for the purchase of a new pump if the existing pump is inadequately matched to the replacement or re-drilled well, if no pump existed, or if contamination or diminution of the well damaged the existing pump.
  • If a water treatment system is necessary, bear all costs associated with the installation of an appropriate system capable of producing water that meets the quality and quantity requirements.
  • Pay for the operation and maintenance costs of the treatment system in excess of the prior treatment system, or reach an agreement with the landowner to cover such costs.

The terms and conditions would be a private matter between the company and complainant.

When connecting to a public water supply, the company should notify the DMLR as soon as the connection is completed and operating, and submit copies of:

  • Written verification from the public water authority indicating connection was completed and acceptable.

Page 4 December 2002 Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair

  • If the supply is replacing a well, a written statement from the landowner either verifying that the old well was properly abandoned (plugged) or affirming that it will still be used (as another source of water).

The quality of a replacement water supply (i.e., well, spring, or other non-public supply):

  • Should meet or exceed the pre-mining quality and not restrict or limit the pre-mining use.
  • Should meet or exceed applicable water quality standards adopted by the Virginia Department of Health, or other appropriate agency, if no pre-mining data exists.

Appropriate water treatment systems may be installed on the replacement supply to achieve required quality, provided such systems do not restrict or limit the pre-mining use.

However, wherever possible, the company should select and provide a replacement water supply that will minimize the type and extent of treatment and maintenance necessary to achieve the required quality.

The installation of a replacement water supply is preferred over long-term treatment of an impacted water supply, unless:

  • The landowner and company are agreeable to such treatment, and
  • Continued use of the existing supply would not result in contamination of other aquifers or surface water.

The quantity of a replacement water supply (i.e., well, spring, or other non-public supply):

  • Should meet or exceed the pre-mining quantity used, and must not restrict or limit the pre-mining use. (Consideration should be given to peak daily use and peak use rate.)
  • If the pre-mining quantity data is inadequate or non-existent for a domestic supply, the replacement supply should provide either: ♦ A minimum of 35 gallons per person per day, or ♦ A sufficient amount to accommodate the size and amenities of the residence (number of bathrooms, bedrooms, water using appliances). Selection of appropriate method to calculate minimum quantity should be based on the circumstances specific to each case.
  • For other legitimate uses (e.g., agricultural use impacted by surface mining operations) where the pre-mining data is inadequate or nonexistent, the replacement choices should be based on appropriate sources of technical information and comparable uses in the surrounding area.

Appropriate supplemental storage systems may be installed to achieve the quantity requirements, provided such systems comply with all applicable local, state, and federal laws and regulations.

Page 5 December 2002 Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair Duration of Replacement Water Supplies – minimum of 20 years (unless by a private agreement between the citizen and company, a period of less than 20 years is agreed upon.) In considering normal usage and routine maintenance performed by the landowner, the duration should be comparable to similar systems commonly installed in the surrounding area that have not been exposed to impacts from coal mining operations.

Costs and Responsibilities:

Reimbursement for permanent water supply replacement

  • When required by the DMLR to provide permanent supply, the company should make immediate arrangements for installation of an appropriate replacement water supply and treatment system (including payment arrangements for all capital costs associated with such activities).
  • If replacement involves connection to public water supply system or equivalent, the company should, in addition to the above, bear payment of initial tap-in fees and installation of a water metering device, where required by the public water authority.
  • The company should address the significant costs that may be above the original and pre-impact operational and maintenance costs.
  • The company and owner may enter into a private agreement concerning the water replacement.

Reimbursement for interim water supply costs

  • The company may decide to either pay for the interim (temporary) supply costs up front or to reimburse the owner. The costs would include the reasonable expenditures in excess of those of the original water supply system. Examples include costs of ordinary bottled water, hauled water, temporary storage tanks and associated plumbing, laundromat costs for washing clothes (not to include detergent or automatic dryer costs), transportation of hauled water, not to exceed the reimbursement rate of $.25 per mile, and temporary connection to a neighboring water supply.
  • The landowner should maintain accurate records of interim water supply costs including dated invoices, cash register receipts, etc. The landowner should provide a legible copy of all documents, invoices, and receipts for reasonable costs to the company and to the DMLR’s inspector. Monthly notification of costs is recommended.
  • The company should reimburse the landowner within 45 days of receipt of bona fide documents, invoices, and receipts for reasonable costs and send a photocopy of the reimbursement check to the DMLR’s inspector.

Reimbursement for self initiated permanent supply replacement costs

  • The DMLR may order the company to reimburse the landowner for the reasonable costs of obtaining the permanent supply.

Page 6 December 2002 Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair Responsibility for abandonment of wells

  • If a well supply contaminated or diminished by mining operations will no longer be used by the landowner, the company should arrange and pay for all costs associated with proper abandonment of the well.

Reclamation of disturbed areas

  • Areas disturbed during construction and installation of replacement supplies should be graded, seeded, fertilized and mulched consistent with the existing land use.

Maintenance of the reclaimed areas is a private matter between the company and landowner.

Termination of Water Replacement Order

The order may be terminated when the:

  • water replacement supply is successfully completed and operating, and all quality, quantity, duration, reimbursement, abandonment and reclamation requirements have been achieved;
  • when the company and complainant have entered into a settlement agreement; or
  • at any point that the complainant withdraws the water loss/diminution complaint.

II.

Subsidence Damage Repair

Whenever a company notifies an owner/occupant of a structure that underground mining operations will be occurring (4 VAC 25-130-817.122), it is to both parties’ benefit that a pre-mining survey be conducted of the structure. The property owner/occupant may refuse the survey; however, while this could be detrimental to a future claim for subsidence damages, the refusal to grant the survey would not constitute a waiver of liability.

The company may be deemed in violation when it fails to repair the damage or compensate the owner for the damage, as required by the regulations. DMLR does not regard subsidence, or subsidence damage itself, as a violation of a performance standard.

If the DMLR’s technical investigation determines that a company’s mining operation may have caused subsidence damage to covered structures, water supplies, or surface lands, it may issue a subsidence repair notice to the company.

The company should submit the following information to the DMLR within 30 days of receipt of the subsidence repair notice:

  • A written description of measures to be taken or plans for the repair or mitigation of such damage, including a time schedule for the completion of the repair or mitigation; or,
  • A written statement that the operator will compensate the landowner for the full amount of the diminution in value of the property caused by subsidence damage (up Page 7 December 2002 Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair to full value of the property if it is rendered totally worthless by the subsidence damage) in lieu of repair or mitigation; or,
  • A request for additional time to prepare such plans; or,
  • A written statement from the structure’s owner that repair or restoration of the structure is not desired or a written notice from the operator that the structure/facility owner has refused to permit access to the property or has otherwise not afforded cooperation sufficient to enable repair, restoration, or compensation measures to be implemented; or,
  • A written statement that the structures identified as damaged by subsidence are included in an operator/landowner subsidence agreement, which are the structures to be repaired or compensated per the terms of such agreement.

The company, through its liability insurance carrier or appropriate independent contractor, should provide the land/dwelling owner with an appraisal to repair or compensate for the subsidence damage. The appraisal should establish the fair market value and/or reasonable repair estimate. A copy of the appraisal should be submitted to the DMLR, if the company and complainant are unable to reach a settlement agreement.

III. Replacement/Repair Agreements

If a company and owner of an affected water supply/structure enter into an agreement to resolve the situation, a statement that a settlement agreement has been reached, with confirmation of the citizen’s acceptance, may be submitted to the DMLR. As long as the owner of the water supply/structure is satisfied with the agreement, the agency does not need to know the specific terms of the agreement. In the event the parties are unable to reach an agreement, the DMLR would need to know what remedial action was attempted or whether an offer was tendered to the property owner to correct and/or compensate for the problem.

The Inspector and appropriate DMLR technical staff will attempt to assist the citizen and company in their efforts to reach an agreement that is reasonable and in accordance with the regulations. However, the DMLR will not mediate or arbitrate the dispute between the parties.

If the parties cannot agree on the compensation of damages, the matter may be resolved through civil litigation. The water replacement or subsidence notice may be placed in a pending status until the matter is finally resolved between the parties.

The DMLR may require the company to comply with certain temporary measures until an agreement is reached or the DMLR determines that the company has met its obligations under the regulations and approved permit.

Water Replacement or Subsidence Repair Order:

The Inspector will terminate the order when the company and citizen are able to reach an agreement on the replacement/repair or on compensation for the:

  • diminution/loss/contamination of the eligible water supply.

Page 8 December 2002 Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair

  • damage to the structure(s) attributed to subsidence from the underground mining operation (conducted after October 24, 1992).

However, if the parties are unable to reach an agreement on replacement of the water supply or repair of the alleged subsidence damage, the agency must determine whether the water replacement or subsidence order should be kept open, deemed complied with, or if further enforcement action should be taken.

Compensation Offers

Should the parties be unable to reach an agreement, the company should construct an offer that complies with the “Replacement of water supply” definition (found at 4 VAC 25-130.700.5); or the regulatory requirements for subsidence related damage (under 4 VAC 25-130-817.121(c)).

A subsidence compensation offer should compensate the owner of the structure for the full amount of decrease in fair market value of the property, resulting from the subsidence-related damage.

The company’s offer to replace the water supply or compensate the complainant:

  • Could guarantee payment or compliance over a period of time (i.e., twenty years, thirty years or another appropriate term).
  • May be an annuity that pays monthly payments, as well as any one-time capital costs (such as, but not limited to well drilling, public water hookups, one-time pump replacement, etc.).
  • Should allow for inflation.
  • Should include documentation that the projected costs are verified by an independent party. (Examples - a local Public Service Authority could provide monthly water usage costs and hookup charges; an electric utility company could provide electric usage rates; and a contractor could provide cost estimates on well drilling and construction.)
  • May be a lump sum option (However, it should be noted that water replacement may not be a discounted present worth offer3.) 3 4 VAC 25-130-700.5 Definitions : “Replacement of water supply” …. includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies. (a) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

Page 9 December 2002 Division of Mined Land Reclamation A Guide to Water Replacement and Subsidence Repair Payment should be in the form of an annuity to be paid by a financial institution, or an insurance policy that has the appropriate payout provisions. (DMLR may consider other payout options proposed by the company.)

DMLR will review the company’s offer to ensure it meets the requirements of the water replacement or subsidence repair regulations. Once the offer meets the regulatory requirements (costs are verifiable and the offer has guaranteed payment provisions), the DMLR would notify the citizen (by follow-up complaint investigation report) that the offer would satisfy the water replacement or subsidence order. The Inspector would:

  • Deem the order complied with.
  • Provide the complainant with a copy of the DMLR’s conclusion.
  • Inform the complainant of the right to request administrative review of the DMLR’s decision under 4 VAC 25-130-842.15 of the regulations.

Page 10 December 2002

Virginia Automatic Elevator Operator Certification RequirementsDoc ID: DM-C-AEO

Original: 223 words
Condensed: 167 words
Reduction: 25.1%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS Web Site: http://www.dmme.virginia.gov/dm/default.htm

AUTOMATICELEVATOROPERATOR

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Automatic Elevator Operator This certification authorizes the holder to perform automatic elevator operator duties as required by the manufacturer’s specification.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to observation ƒ One year of mining experience ƒ Authorization on company stationery from company official for DM Representative to use company automatic elevator for the observation ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable) ƒ Demonstrate knowledge and ability to use an automatic elevator in accordance with manufacturer’s specifications. This demonstration is observed and documented by a DM Representative. ƒ Hold a General Miner Certification ƒ Gas Detection – practical demonstration

For more information contact the Big Stone Gap Office, Customer Assistance Center (276) 523-8233 or the Keen Mountain Field Office (276) 498-4533.

Revised 06/02/08

Permit Fee Guidelines for Mined Land ReclamationDoc ID: DMLR-G-06-03

Original: 354 words
Condensed: 269 words
Reduction: 24.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 6-03 Issue Date: May 12, 2003 Subject: Permit Fees

The Department of Mines, Minerals and Energy (DMME), Division of Mined Land Reclamation (DMLR) through this guidance memorandum is implementing the following guideline concerning permitting/anniversary fees.

The 2003 session of the General Assembly amended Section 45.1-235(E) of the Code of Virginia to increase the permit application fee of $12 to “$26 per acre for the area of land to be affected by the total operation for which plans have been submitted.” In addition the anniversary fee of $6 per acre for areas disturbed was increased to $13 per acre. These rate increases will be effective as of July 1, 2003.

DMLR has mailed correspondence to a number of operations requesting permit application or anniversary fees with anniversary or effective dates before July 1, 2003, to be submitted at the current rates. Please be advised that if payment of the fees is not submitted by the close of business on June 30, 2003, the new rates will be applicable effective July 1, 2003.

In addition, the permit fee that will be applicable on a permit’s anniversary or renewal date must be submitted. For example, if the anniversary date is July1, 2003 or later and you wish to submit payment before that date, the new rate effective July 1 ($13 per acre) must be submitted. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Mine Inspection Reporting ProceduresDoc ID: DMM-P-27

Original: 1,291 words
Condensed: 1,049 words
Reduction: 18.7%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.7.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Inspection Reports Section Enforcement Last Revised

OBJECTIVE AND INTENT:

Complete, accurate, and consistent reporting of inspection activities is important in establishing a record and history for each mine permit/license.

PROCEDURES:

Completion of Inspection Report (DMM-104):

  • Unless impractical to do so, all Inspection Reports will be filled out on site and copies given to or mailed to the appropriate company official. Safety violations will be issued immediately at the time of the inspection and the operator or his agent will be given a copy of the Inspection Report along with the completed Notice/Order form (DMM 104b) prior to leaving the site. If the operator or his agent is not present during the inspection, the mine inspector will contact the operator or his agent as soon as possible, discuss the nature of the violation, and deliver the operator’s copy of the Inspection Report and Notice/Order form by hand or through the mail. Inspection Reports for multiple day inspections will be issued at the end of the complete inspection.
  • All data entries on the Electronic Inspection Report screen will be reviewed during each inspection and updated as necessary. Any items which are not applicable will be marked as such (NA), or left blank where NA is not accepted as a data entry.
  • The data for the “Operator Status” section of the Inspection Report will be entered using the following definition for terminology provided in the menu:

∗ Active - a site which is actively mining, conducting reclamation activities, or is performing related activities as mine construction, stripping, etc. and operations which have the potential to operate anytime during the year.

∗ Intermittent - a site at which production is cyclic during the year due to demand for produce, or where seasonal weather activity is required to replenish mineral deposits.

∗ Idle - a site where no mine related activities are capable of taking place due to removal of plant equipment (crushers, screens, etc.) or where operations have not yet begun, temporary cessation has been approved, or mining has not taken place in the last twelve (12) months.

  • Mine Inspectors will make data entries for the “Items and Conditions” section using the following definition for terminology provided:

∗ Satisfactory - The item or condition exists at the permitted/licensed site; is applicable to the type of inspection being conducted; and the item or condition is in compliance with law and regulation.

∗ Not Applicable - The item or condition does not exist at the permitted/licensed site being inspected. ∗ Unsatisfactory - The item or condition exists at the permitted/licensed site; is applicable to the type of inspection being conducted; and the item or condition is not in compliance with law and regulation.

  1. 7-1DIVISION OF MINERAL MINING PROCEDURE NO. 2.7.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Inspection Reports Section Enforcement Last Revised

∗ Not Inspected - The item or condition exists at the permitted/licensed site; and is not applicable to the type of inspection being conducted.

  • The Mine Inspector will record the date and time of all arrivals and departures from the mine site which occur during the inspection in the appropriate data field on the Inspection Report screen. This time will include time spent contacting operator for record checks prior to the site inspection and time spent with operator for closeout of the inspection.
  • The data field “total hours” will represent the total amount of time spent by the Mine Inspector on the mine site conducting the inspection and the time spent with the operator reviewing the inspection report and Notices and/or Orders which may be a result of the inspection.
  • The date of the last regular safety inspection will be the date represented on the Inspection Report screen in the data field marked “Last Regular Inspection”.
  • The “Comment” section of the Inspection Report screen will be used to provide the following information for both safety and reclamation inspections: ∗ the condition in which the mine is found; ∗ a statement regarding any violations; ∗ progress made in the improvement of the mine; ∗ progress related to health/safety and reclamation; ∗ other facts and information of interest concerning the condition of the mine.
  • When referring to any enforcement actions taken during the prior inspection, on the Inspection Report comment screen, the following information will be provided for the benefit of the operator or his agent:

∗ date issued; ∗ expiration date; ∗ code section violated ∗ work required; ∗ portions of work that have been compiled with the work remaining to be done.

  • The Inspection Report data field labeled “Number of Accidents Since Last Inspection” and “Year to Date” will be filled-out in the following manner.

∗ On non-MSHA mining operations, the Mine Inspector will obtain the number of accidents and injuries which have occurred at the operation since the last inspection and place this information in the appropriate data field. A summation of all accidents and injuries for the calendar year will be kept in the “Year to Date” data field.

∗ On MSHA mining operations, the Mine Inspector will request voluntary disclosure of the accidents and injuries which have occurred at the operation since the last inspection and this information will be placed in the appropriate data field.

  • Upon completion of the inspection report data entry, the report will be backed up on a computer disk until such time as all information on the disk has been batch loaded to the DMM Mineral Mining System.
  1. 7-2 DIVISION OF MINERAL MINING PROCEDURE NO. 2.7.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Inspection Reports Section Enforcement Last Revised

• Copies of the Inspection Report will be distributed as follows:

∗ A signed copy to DMM Office; ∗ Two signed copies to the operator, one of which is to be posted; ∗ Unsigned copy to Mine Inspector Supervisor, optional upon supervisors request; and ∗ A copy in the Mine Inspectors permit file (optional).

  • The Mine Inspector will sign only those copies of the original Inspection Report printed at the time of the inspection and distributed to the DMM Office and the mine operator. Any modification of the Inspection Report will be identified as such by indicating the date of modification and initials by the Mine Inspector.
  • All copies of an Inspection Report will be created from information contained within the Mineral Mining System and not created from computer disks or other data back-up devices.
  • Inspection Reports issued for illegal mining operations and permit applications which cannot be entered in the electronic inspection report screen will be placed on the NCR Inspection Report (DMM 104b). The inspector will fill in all appropriate blanks and follow all applicable policies as stated above. Copies of the report will be distributed as follows: 1) original to DMM Office, 1st copy to the inspectors file, 2nd and 3rd copies to the operator, and 4th copy to the Mine Inspector Supervisor.

Data Entry:

  • Inspection report data will be up loaded daily when practical to the Mineral Mining System.

Up loading should be part of the mine inspector's normal communications through the DMME computer system.

  • At a minimum, data up loading will be done weekly into the Mineral Mining System.
  • All data held on the laptop will be backed-up until such time as it is batch loaded to the Mineral Mining System.
  • Reports for the month will be entered in the Mineral Mining System no later than the 5th day of the following month.
  • The Mine Inspector will be responsible for distribution of all copies of the Inspection Report, including weekly submittal of reports to the DMM office.
  • Upon receipt of the reports in the DMM office, the Program Support Technician will file the reports in the individual permit file folders.
  1. 7-3

Mineral Permit Relinquishment and Transfer ProceduresDoc ID: DMM-P-41

Original: 398 words
Condensed: 315 words
Reduction: 20.9%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.1.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Relinquishments and Section Permitting Permitting Last Revised

OBJECTIVE AND INTENT:

To allow one company (Company B) to permit any portion of an area, disturbed or undisturbed, of an existing permit held by another company (Company A).

PROCEDURES:

  1. Company A will submit a duly signed and executed Relinquishment of Mining Permit (DMM-112). If Company A is relinquishing the entire permit area, then a Mineral Mining Annual Tonnage Report (DMM-146) must also be submitted.
  1. If Company B is requesting a new permit, they will submit a standard permit application with forms, bond, fees, and maps with Map Legend (DMM-109) reflecting the relinquished acreage. The area which will be relinquished from Company A and permitted by Company B will be shown on the maps using the color code as listed on the Map Legend. If Company B is amending the relinquished acreage to an existing permit, they will submit the standard amendment application including maps, forms, plans, additional bonds, and fees. If Company B is applying for a permit transfer they must submit a completed permit transfer package including original signatures on all forms.
  1. Company B will assemble the entire application and contact the area Mine Inspector for its review.

After reviewing the application for completeness and accuracy, the Mine Inspector will recommend to the DMM office that the application be approved or disapproved, and the application will be submitted to the DMM office accompanied by a DMM Application Checklist (DMM-148).

  1. If Company A has signed a relinquishment form, they will remain responsible for the relinquished area until such time as the division approves the amendment or permit submitted by Company B.
  1. If Company B has legal rights to mine and Company A holds the permit and refuses to sign a relinquishment form, then Company B must prove to the division that they in fact have exclusive rights to mine and submit a permit application, repermit, permit transfer or amendment package as outlined in item 2 above.
  1. Upon receipt of the amendment, permit, repermit or permit transfer package in the DMM office, it will be date stamped by the office staff and given to the Program Support Technician or Mine Inspector to initiate processing in accordance with DMM Policy 4.6.00 for amendments, DMM Policy 4.13.00 for permit or repermit applications or DMM Policy 4.20.00 for permit transfers.
  1. 1-1

First Aid Equipment Requirements for Surface Coal MinesDoc ID: DM-G-161262

Original: 248 words
Condensed: 214 words
Reduction: 13.7%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.4

ARTICLE 4

FIRST AID EQUIPMENT, MEDICAL

CARE, EMERGENCY MEDICAL SERVICES PERSONNEL Issue Date: 4/10/00 Revised Date: Page 1 of 2 Section 45.1-161.262.

First Aid Equipment

Requirements for First Aid Equipment At Surface Coal Mine Sites

Each surface coal mine shall have an adequate supply of first aid equipment as determined by the Chief.

Each operator of a surface coal mine should maintain a supply of first aid equipment as follows:

  • Located at each mine office or other appropriate area on the surface in close proximity of the work area.
  • Readily accessible to miners stored in a conspicuously marked container which is dust and moisture proof.

The first aid equipment maintained at this location should include as a minimum the following materials and supplies or otherwise approved by the Chief:

  1. One stretcher
  2. One broken-back board. If a splint stretcher combination is used, it will satisfy the requirement of both (1) and (2)
  3. Twenty-four triangular bandages (15 if a splint-stretcher combination is used)
  4. Eight, four-inch bandage compresses
  5. Eight, two-inch bandage compresses
  6. Twelve, one-inch adhesive compresses
  7. One foille
  8. Two cloth blankets
  9. One rubber blanket or equivalent substitute 10. Two tourniquets 11. One, one-ounce bottle of aromatic spirits of ammonia or one dozen ammonia ampules 12. The necessary complements of arm and leg splints or two each inflatable plastic arm and leg splints 13. Latex examination gloves (1 dozen) 14. Resuscitation mask with one-way valve (2)

Mine Certification Recertification RequirementsDoc ID: DM-P-10902

Original: 745 words
Condensed: 433 words
Reduction: 41.9%

DIVISION OF MINES

CHAPTER: IX Certification

PROCEDURES MANUAL

PROCEDURE NO: 1.09.02

ISSUE DATE: January 1, 1997 SUBJECT: Recertification

LAST REVISED: Requirements

OBJECTIVE AND INTENT

To establish retraining and continuing education requirements for maintaining valid certification consistent with regulatory requirements.

GENERAL

1. Continuing education and retraining requirements are mandated for the following certifications:

 First Class Mine Foreman/Surface Foreman - Four hours of continuing education every two years.

 Underground Electrical Repairman (and all other electrical certifications) - Shall remain valid by meeting annual electrical retraining (8 hours) required by MSHA.

 Diesel Engine Mechanic - Four hours of annual continuing education.

 Diesel Engine Mechanic Instructors - Must teach at least one approved diesel engine mechanic (initial) course every two years or at least one approved diesel engine mechanic continuing education course every year.

 Advanced First Aid - Eight hours continuing education biannually (may be accomplished in annual four-hour sessions).

 Advanced First Aid Instructor - Shall be certified as a First Aid Instructor by the American Red Cross, National Safety Council, Virginia Emergency Medical Services, or as otherwise approved by the Chief. Certification remains valid by submitting valid certification listed above or by teaching one initial or refresher first aid training course for DMME within a two year period.

 BCME Instructor - Shall remain valid by teaching at least one approved certification every two years.

1-3  Surface Blaster - Recertified every five years by presenting written proof of demonstrated blasting competency in his work during two of the last three years immediately preceding the expiration date or by retaking and passing the Mined Land Reclamation portion of the blaster exam.

PROCEDURE

1. CONTINUING EDUCATION FOR MINE FOREMAN

 Individuals certified prior to 1996 will be required to complete the continuing education requirements within two years from the January 1, 1997 date and every two years thereafter. Individuals certified after January 1, 1997 will be required to complete the continuing requirement two years from the certification date and every two years thereafter.

 Individuals not meeting the continuing education requirement shall be notified via letter from DM that their certification is suspended pending completion of the continuing education. A copy of the suspension notification will be sent to the individuals at the last address provided to the Division and to the last employer address reported to the Division.

 Failure to meet the continuing education requirement two years from the suspension date shall result in certification revoked by the Board of Coal Mining Examiners.

 Reinstatement of certification shall be in accordance with 45.1-161.54 Reexamination.

2. SURFACE BLASTER

 Surface Blasters must recertify every five years. Notification is mailed by DM at least 30-45 days prior to expiration. A form is mailed with the notification and the applicant should return only the form verifying blasting experience at a mine site during two of the last three years. No fee is required for recertification. If a blaster allows expiration of the certification, he/she must take the DMLR endorsement examination (no fee) for reinstatement. If an applicant fails the DMLR examination, he/she must take the entire Surface Blaster examination ($10.00 fee required) and complete the training required in DMLR regulations.

2-3

3. UNDERGROUND DIESEL ENGINE MECHANIC RENEWAL

 Certification remains valid until December 31 following the anniversary date of the training, provided certification requirements are met.

 Renewal is obtained by satisfactorily completing a diesel engine mechanic retraining course approved by DM.

 Holder of certificate shall submit documentation to DM indicating the required retraining has been completed before expiration of the card.

 Failure to complete retraining will result in suspension of certification pending completion of training. If not met within two years from the suspension date, then the certification will be revoked.

4. MSHA REINSTATEMENT - ELECTRICAL

 If a client has been purged from the MSHA computer due to a coding error, proof of yearly retraining may be submitted for reinstatement. If retraining was not taken, the applicant must take the retraining and retake the entire DM Electrical Repairman examination. Application must be marked “MSHA only” so that the same certification number will be assigned to the client. After passing the examination, a form will be submitted to MSHA’s Denver office for reinstatement. MSHA will mail electrical cards to clients.

 If retraining was missed due to illness, a doctor’s verification of illness must accompany an application for reinstatement. Requests regarding reinstatement should be referred to the DM certification section.

3-3

Welding and Cutting Safety in Coal MinesDoc ID: DM-G-161207

Original: 277 words
Condensed: 267 words
Reduction: 3.6%

I. DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

A. COAL MINE SAFETY ACT

B. CHAPTER 14.3

C. ARTICLE 13

D. FIRE PREVENTION AND FIRE CONTROL E. Issue Date: 8/01/01 Revised Date: F. Page 1 of 2 Section 45.1-161.207.B.

Welding and Cutting

Section 45.1-161.28.A. of the Coal Mine Safety Laws of Virginia identifies a certified person to be that person whose duties and responsibilities require competency, skill or knowledge in order to perform consistently with the health and safety of persons and property. The Board of Coal Mining Examiners establishes certification requirements for persons performing tasks which the Act or any regulation promulgated by the Board or by the Department requires to be performed by certified persons.

Section 45.1-161.207.B. states: “Welding and cutting with arc or flame or soldering underground in other than fireproof enclosures ventilated with intake air shall be done by or under direct instruction of a certified person. Such person shall test for methane before and during such operations in underground mines and shall make a diligent search for fire after such operations in all mines.”

Under the Act, mine foremen, maintenance foremen and chief electricians are responsible for directing the work to be performed and insuring that necessary precautions are reviewed with persons instructed to perform assigned work.

This standard does not require the presence of a certified foreman while such work is being performed. However, it does not relieve the foreman from responsibility for assuring that all necessary provisions are made available and carried out to comply with the safety precautions required under Section 45.1-161.207 B including that a miner certified for gas testing performs the required tests for methane.

Mine Examination and Record-Keeping ResponsibilitiesDoc ID: DM-G-16128-30

Original: 369 words
Condensed: 271 words
Reduction: 26.6%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 1 GENERAL PROVISIONS Issue Date: 4/10/00 Revised Date: 9/30/02 Page 1 of 1 Section 45.1-161.8, 45.1-161.28 through 161.30 Operator/Independent Contractor (Examinations and Record Keeping)

Determining responsibility for mine examinations and record keeping within the working relationship of mine operators and independent contractors.

The MSA defines an independent contractor as an operator. It also sets out the responsibilities of the operator. Thus, each independent contractor must meet all operator requirements specified within the MSA governing the performance of required examinations and the maintaining of all required records as they relate to work at the mine site.

  • Any examination or inspection required by the MSA of equipment, areas or facilities performed at a licensed mine site by an independent contractor, that requires a record and is directly related to the health and safety of any person(s) working at that mine site, must be recorded by the person conducting the examination or inspection and maintained at that site by the operator.
  • If an independent contractor is responsible for specific tasks or duties, then it is the responsibility of the independent contractor to maintain the appropriate records and to have them available for inspection. If the licensed operator is the responsible party, then it is the responsibility of the licensed operator to maintain the appropriate records.
  • Any examination or inspection required by the MSA and performed by an independent contractor at or away from the mine site involving equipment used at the mine site by the independent contractor that is separate and independent from equipment examined and inspected by the operator or his agent, must be recorded. The records must be maintained with the person and/or equipment where used, or otherwise maintained at the mine site. Examples include daily off-site pre-operational checks of trucks used at mine sites; examination and inspection of battery powered 3-wheelers used by survey crews; other equipment brought on the licensed mine site for the purpose of performing work.
  • Any independent contractor employed by a mine operator must use employees who meet all certification standards required by the MSA for any task, examination or inspection required to be performed by certified persons.

Virginia-West Virginia Mine Foreman Certification ReciprocityDoc ID: DM-M-99-05

Original: 1,114 words
Condensed: 626 words
Reduction: 43.8%

MEMORANDUM DM 99-05

Date: May 7, 1999

To:

All Coal Mine Operators

From: ___________________________________

Frank A. Linkous

Subject: VA-WV Reciprocity Agreement For Mine Foremen Certification

The Coal Mine Safety Laws of Virginia make provision under § 45.1-161.33 for reciprocal acceptance of certifications between states. West Virginia and Virginia have recognized mine electrical certifications though reciprocal agreement since 1997. Now, through a Memorandum of Agreement dated April 30, 1999, mine foreman certifications can be issued without requirement for submitting to the complete mine foreman certification process.

Under provisions of the agreement, applicants for mine foreman certification by reciprocity must meet minimal administrative requirements. Also, applicants must submit to and pass the section of the mine foreman certification examination covering the state laws, rules and regulations for the state granting the certification by reciprocity.

Attached to this bulletin is a copy of the memorandum of agreement and a letter outlining administrative procedures to be followed in implementing the agreement.

Should you have any questions concerning this agreement or procedures for implementation, please contact DMME at (540)523-8234 or the West Virginia Office of Miners’ Health, Safety and Training at (304)558-1425.

Pm

MEMORANDUM OF AGREEMENT

Certification Reciprocity

This Memorandum of Agreement is made this 1st day of April, 2002, by and between the State of West Virginia Office of Miner’s Health, Safety and Training (herein WVM) and the Commonwealth of Virginia’s Department of Mines, Minerals, and Energy, Division of Mines (herein DM).

Whereas, WVM is the regulatory authority of the State of West Virginia administering the State Mines and Minerals Act, Title 22, and regulations promulgated thereunder, and amendments thereto, as the same may be or become effective any time or from time to time, for the purpose of providing for the health and safety of coal miners.

Whereas, DM is the regulatory authority of the Commonwealth responsible for administering the Virginia Coal Mine Safety Act, Virginia Code § § 45.1-161.7 et. Seq., and the rules and regulations promulgated thereunder, (herein the Mine Safety Act and the Rules and Regulations promulgated thereunder are collectively referred to as “Mine Safety Act”) for the purpose of providing for the safety and health of coal miners.

Whereas, West Virginia and Virginia share a common border and have coal miners working the same coal beds within the Appalachian Coal Field often with the same operating companies and employing coal miners and agents who are mobile within the region, transferring and moving from one state to the other, seeking to perform comparable duties as qualified and certified persons.

Whereas, West Virginia and Virginia recognize the common benefit for coal mining citizens and operators in entering a reciprocity agreement whereby certified coal mine foremen and electricians who have demonstrated competency through certification within one state can gain certification within the neighboring state.

Whereas, Section 4 VAC 25-20-40 of the Board of Coal Mining Examiners Certification Requirements authorize the DMME to accept by reciprocity, persons certified by states which accept the corresponding Virginia certification and whose certification requirements are substantially equivalent to Virginia.

Whereas, § 22A-1-39 of the West Virginia Code authorizes the Director of the West Virginia Office of Miners’ Health, Safety and Training, in consultation with the West Virginia Board of Miner Training, Education and Certification, to offer reciprocity of mine foremen and/or experienced miner certifications to persons certified by states which accept West Virginia’s mine foreman and/or experienced miner certifications, so long as the other state’s qualification, examination, and certification criteria are equivalent to those utilized by West Virginia.

Whereas, it is anticipated that a number of certified coal mine foremen and electricians will make application to WVM and DM to attain comparable certification by reciprocity.

Whereas, to efficiently and effectively administer a program for coal mine foreman and electrician certification reciprocity, WVM and DM desire to enter into this Memorandum of Agreement.

Now, Therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

  1. This agreement shall not be construed as a delegation of authority from the Director of WVM (herein Director) to the Chief of the Division of Mines (herein Chief), nor from the Chief to the Director and nothing herein contained shall be construed to hinder, prevent, or impede the Director or Chief from performing any duty or serving any function permitted or required by the respective Mine Safety Acts.
  1. The Director, West Virginia Office of Miner’s Health, Safety and Training, and the Chief, Commonwealth of Virginia, Department of Mines, Minerals, and Energy, Division of Mines, shall serve as liaisons to facilitate communication and cooperation between WVA and DM under this Memorandum of Agreement.
  1. The Director and Chief shall appoint a Reciprocity Coordinator to develop and implement written procedures for the administration of this reciprocity agreement.
  1. The Reciprocity Coordinators shall schedule and conduct within 90 days of this agreement, a comprehensive, joint review of each state’s certification program, and policies and procedures for the purpose of gaining understanding of each other’s program. Regular meetings will be conducted by coordinators to ensure that both programs maintain comparable, high standards for certification of applicants.
  1. Both states agree to share and copy records and other information, and work toward a system for electronic capability to facilitate this effort.
  1. In order to ensure that certified mine foremen are aware of and understand the particular state laws, rules and regulations applying within the state granting reciprocity, the applicant must take the component of that State’s mine foreman examination that pertains to the specific state mining laws and rules, and must pass the examination with a score of at least eighty percent.
  1. Mine foreman continuing education, where required, must be met in accordance with established state standards.
  1. Both states agree to provide information related to suspension and de-certification actions taken against any certified person. Any such action involving a person holding a certification by reciprocity will be formally reviewed by the Reciprocity Coordinators.
  1. Nothing in this Memorandum of Agreement shall relieve mine operators or certified agents of the operators, of their responsibility to comply with applicable provisions of law and regulations.

10. This Memorandum of Agreement may be modified in writing by mutual consent of the parties.

11. This Memorandum of Agreement may be terminated at any time by either party giving written notice to the other party at least 90 days prior to the date termination is to take place.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto in manner and form sufficient to bind them as of the day and year first written.

COMMONWEALTH OF VIRGINIA

WEST VIRGINIA

DEPARTMENT OF MINES, MINERALS,

OFFICE OF MINERS' HEALTH, SAFETY

AND ENERGY, DIVISION OF MINES

AND TRAINING

By ____________________________________

By______________________________________

Frank A. Linkous, Chief

Doug Conaway, Director

Permit Renewal Procedures for Mining PermitsDoc ID: DMLR-P-2306

Original: 792 words
Condensed: 652 words
Reduction: 17.7%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.06

PROCEDURES MANUAL

ISSUE DATE

08/15/2013 SUBJECT Permit Renewals Section Technical/Permitting Last Revised

02/20/04

OBJECTIVE AND INTENT:

To ensure complete permit renewal applications (coal surface mining operation and National Pollutant Discharge Elimination System) and renewal fees are properly handled by enforcement and permitting personnel.

PROCEDURES:

Notifications:

The Reclamation Program Manager will obtain a monthly report from the DMLR database, which provides the company name, permit number, current status, expiration date, and renewal date for those permits expiring in seven months.

The Reclamation Program Manager shall send notice by e-mail to the permittee at least 180 days prior to the permit’s expiration date. A copy of the notification shall be sent to the appropriate Field Inspector.

The notification for renewal will inform the permittee of the renewal procedure, and provide the following information:

  • if mining activities are to continue beyond the permit term, a renewal application must be submitted to the Division at least 120 days before the expiration of the permit.
  • the coal surface mining operation (CSMO) portion of the mining permit would not have to be renewed once the mining permit has been declared complete, completion reports have been submitted to the Division, or when the permittee informs the Division in writing, via a completion letter, that mining will not continue after the permit’s expiration date.
  • the National Pollutant Discharge Elimination System (NPDES) permit must remain in force until final bond release (i.e., NPDES permits will be renewed every five years as long as any discharge exists).

The permittee would be required to submit the NPDES renewal application to the Division at least 120 days prior to permit expiration.

Failure to Submit:

Should the permittee fail to submit the renewal application by the due date, the Reclamation Program Manager shall notify the Reclamation Services Manager so appropriate action may be taken per Procedure #3.3.01.

Field Review:

The Inspector shall:

  • when a permit renewal date is approaching, the inspector should remind the permittee of the approaching due date required by 774.15(b) (1) and to document that the permittee was reminded of the renewal date. This should be documented in an inspection report at least the month prior to the 120-day due date. This is in addition to the e-mail notification that the Division sends out to the permittee 180 days prior to the actual renewal date. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.06

PROCEDURES MANUAL

ISSUE DATE

08/15/2013 SUBJECT Permit Renewals Section Technical/Permitting Last Revised

02/20/04

  • write the date that the permit renewal was received and review the application for completeness and accuracy per procedure for Inspector Receipt and Review of Permit Materials (3.3.19). If the application is not complete, document the corrections or additional information needed (provide a copy to the company’s representative).
  • once it is determined the application is administratively complete and ready for technical review, assign a publication/application number, and upload it into DMLR’s electronic permitting system. Once uploaded, it will be considered officially submitted and will be routed for processing by DMLR’s permitting section.
  • initial or stamp paper portions of the application and attach the “Electronic Application Checklist and Routing Slip”. Forward any paper portions to the Divisions Big Stone Gap office.
  • instruct the permittee to place a copy of the material at the approved public office for public access by the first date of public notice’s publication.

Office Review:

The Customer Assistance Center will check that a review was made by the Field Inspector (noting the inspector’s initials or stamp on materials), and route the application to the Permit Section.

The permittee only needs to submit the information required for the renewal application (see below) if he intends to continue operations within the existing permit boundaries and approved detailed plans. Should he wish to revise the current plans or extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, two (2) separate application packages (renewal & revision) must be submitted:

  • Revision application – (Electronic DMLR-PT-034e) to include those sections proposed to be revised and all applicable sections of the application for the areas to be amended to the existing permit.
  • Renewal Application – The permittee should be informed that the information contained in the renewal notification letter must be provided with the renewal application.

Corrections - After review, if corrections are required, the Permit Review Specialist will send the application correction letter specifying a re-submittal date. This letter will include all comments made by the DMLR reviewers.

Approval of application - Once the application is ready for approval, the Permit Review Specialist will calculate the applicable bonds and fees, and notify the applicant in writing of the appropriate amounts. The fees and bond must be received prior to official issuance of the renewal. 2

Permitting in Watersheds with TMDLsDoc ID: DMLR-G-14-05

Original: 1,395 words
Condensed: 1,172 words
Reduction: 16.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 14-05 Issue Date: November 23, 2005 Subject: Permitting Process – Watersheds with Adopted Total Maximum Daily Loads

As of December 1, 2005 the Division of Mined Land Reclamation (Division) will implement the following steps regarding permit applications in watersheds with adopted benthic Total Maximum Daily Loads (TMDLs)2. For the purposes of this guidance memorandum, “TMDL watershed” means a watershed with a benthic TMDL report adopted by the Virginia Department of Environmental Quality.

  1. The Division will forward a copy of any application that involves National Pollutant Discharge Elimination System (NPDES) point(s) or Best Management Practices (BMPs) located within a TMDL watershed to the Environmental Protection Agency’s (EPA) Region III Office in Philadelphia for review. The EPA through its oversight of the States’ water quality standards pursuant to the Clean Water Act3 requires copies of all such applications.
  1. Each application that involves NPDES points within a TMDL watershed will be evaluated by the Division for conformity with the TMDL report4 and compliance with the waste load allocation (WLA) included in the TMDL. New NPDES points will only be approved when the receiving stream has available WLA.
  1. Each application that involves BMPs within a TMDL watershed will be evaluated by the Division for conformity with the TMDL report.
  1. When the Division performs cumulative hydrologic impact assessments (CHIAs) for permitting actions in a TMDL watershed, each CHIA shall include the

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 The Virginia Department of Environmental Quality is responsible for TMDL reports and maintains electronic copies of approved documents at the following address: http://www.deq.state.va.us/tmdl/

3 Pursuant to 33 USC § 1313.

4 Where a TMDL as been approved, NPDES permits must contain conditions consistent with the requirements and assumptions of the wasteload allocations in the TMDL – see 40 CFR §122.44(d)(1)(vii)(B)GUIDANCE MEMORANDUM No. 14-05 Issue Date: November 23, 2005 Subject: Permitting Process – Watersheds with Adopted Total Maximum Daily Loads Limits Page 2

evaluation for conformity with the TMDL report and compliance with the adopted waste load allocation set under the TMDL report.

The following provides general guidance for processing, review, and findings of permitting actions in a TMDL watershed:

Step 1: EPA Notification

Each application will be screened by the Division’s Technical Services Section to determine if existing permitted areas or proposed permit areas are located within a TMDL watershed. The reviewer will compare the permit boundary to the TMDL watershed boundaries, as maintained on the Division network. If the application involves an area that is or may be located within a TMDL watershed, the application will be routed to the agency’s TMDL coordinator.

The TMDL coordinator will -

  • Evaluate the application for conformity with the TMDL report and compliance with the waste load allocations (WLAs) included in the TMDL. The evaluation will be conducted in accordance with the Technical Services Section’s time standard on application review.
  • Determine if the application involves new NPDES points or BMPs within a TMDL watershed boundary. If so, it will be copied to the U.S. Environmental Protection Agency representative5. The permit applicant may be requested to make copies of certain sections of the application for EPA6.
  • Forward comments received from EPA to the permit applicant.
  • Whenever biological water quality goals are obtained for a TMDL watershed (before, during, or after implementation), the TMDL coordinator will petition EPA to approve an amendment to the WLA for that watershed.

Step 2: Waste Load Allocations

New NPDES points located within a TMDL watershed may be approved by the Division when the receiving stream has available WLAs. The TMDL coordinator will track assigned and available WLAs and provide that information electronically to Division Staff through a Division network folder. The TMDL coordinator will also make that information available electronically, upon request, to other agencies, applicants, and interested parties. 5 The EPA representative’s address is 3WP11, USEPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029 6 EPA will review and provide comments as appropriate within 30 days GUIDANCE MEMORANDUM No. 14-05 Issue Date: November 23, 2005 Subject: Permitting Process – Watersheds with Adopted Total Maximum Daily Loads Limits Page 3

Prior to approval of new NPDES points within a TMDL watershed, the Division Water Quality staff will confer with the TMDL coordinator and/or consult the WLA information folder7 to determine that a WLA is available.

Applications that involve NPDES discharge points within TMDL watersheds with total dissolved solids (TDS) WLAs shall include a plan to monitor TDS and conductivity at designated outfalls. The monitoring should be designed to assess TDS loading, but shall not include the assignment of effluent limits. The TMDL coordinator and Water Quality staff will use the monitoring to track loadings and evaluate conformity with the adopted TMDL.

Loadings for other WLAs will be tracked using results of routine NPDES monitoring.

When tracking indicates that WLAs are being exceeded, the Division will request the permittee to revise the BMPs to reduce waste loads.

Step 3: BMPs

A BMP approach will be used in Virginia to meet WLAs in lieu of altered effluent limitations for permitted coal mine point source discharges.

The Virginia Coal Surface Mining Reclamation Regulations (VCSMRR) require active mining operations to use sediment control measures and BMPs to prevent additional contributions of solids to stream flow and to minimize erosion to the extent possible. The measures include practices carried out within and adjacent to the disturbed mining area and consist of the utilization of proper mining and reclamation methods and control practices, singly or in combination. These methods and practices include, but are not limited to –

1) Disturbing the smallest area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation; 2) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff; 3) Diverting runoff away from disturbed areas; 4) Directing water and runoff with protected channels; 5) Using straw, mulches, vegetative filters, and other measures to reduce overland flow; and, 6) Reclaiming all lands disturbed by mining as contemporaneously as practicable.

In addition to the use of sediment control measures and BMPs within the disturbed mine area, the regulations require coal mining haulroads to be designed and constructed to ensure environmental protection appropriate for their intended use. In a watershed where pollution load reductions for solids are necessary for active mining operations to meet an approved TMDL, haulroad design, construction, and maintenance shall be performed in consideration of the TMDL. This may include paving haulroads and/or increasing the size of haulroad sumps. 7 Electronic WLA tracking format & information will be made available soon after 12-01-05.

GUIDANCE MEMORANDUM No. 14-05 Issue Date: November 23, 2005 Subject: Permitting Process – Watersheds with Adopted Total Maximum Daily Loads Limits Page 4

Reduction in the sedimentation and mineralization of runoff attendant to mined land erosion and strata exposure can be achieved with sediment control measures and BMPs.

Operation and reclamation plans mandated by the VCSMRR can be designed and developed to incorporate a BMP approach for meeting WLAs and pollution load reductions included in a TMDL. This approach will be implemented in Virginia in lieu of altered effluent limitations for permitted coal mine point source discharges.

Step 4: CHIAs

When CHIAs are performed for permitting actions that involve new NPDES discharge points in TMDL watersheds, the CHIA should document the availability of WLAs, list the WLA values, and identify remaining WLAs. If BMPs are being utilized to reduce waste loads, a description of the BMPs should also be included.

Should you have any questions regarding this guidance document or the topics of this memorandum, please contact the DMLR’s TMDL Coordinator at (276) 523-8151 or the Customer Services Manager at (276) 523-8156.

Mineral Mining Personnel Certification ProceduresDoc ID: DMM-P-52

Original: 3,527 words
Condensed: 2,762 words
Reduction: 21.7%

DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002

OBJECTIVE AND INTENT

To establish procedures for registration, attendance, examination, and records retention certifying Mineral Mining industry personnel.

PROCEDURES

Certification Course Registration, Attendance, and Exam

Registration

  • Initial certification courses consist of Surface Foreman, Surface Foreman Open Pit, Surface Blaster, Underground Foreman, Underground Blaster, and General Mineral Miner.
  • Renewal certification courses consist of Surface Foreman, Surface Blaster, Underground Foreman, Underground Blaster, and Mineral Mining Electrician.
  • Training schedules are prepared for each fiscal year and mailed to all mine operators and registered contractors by the Office Services Specialist no later than June 1 of each year.
  • The Office Services Specialist shall assign a seven-digit roster number for each course.
  • Applications are furnished to individuals requesting to attend scheduled courses.

The package consists of an application form, BMME-1 (initial classes) or BMME-3 (renewal classes). A BMME-2 (Verification of Work Experience) form, Certification Requirement list for the appropriate certification, work experience example sheet, and an instruction sheet for completing the BMME forms.

  • The deadline date for receiving applications and associated fees is at least five working days prior to the start of the course or exam.
  • When the application and fee are received from the applicant, they shall be recorded on the daily mail log by the Executive Secretary. Copies of the checks, along with the application materials shall then be given to the Office Services Specialist to execute receipts and process the applications. No fees can be accepted outside of the DMM offices.
  • Upon receipt, the application shall be processed and reviewed for completeness. If the application is incomplete, then it shall be returned to the applicant for correction with a cover letter identifying what needs to be corrected/completed. A file folder shall be established for each applicant with a copy of the application and any other
  1. 2-1DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002

relevant material placed in the file. The applicant shall be assigned an application number and work experience number in the Mineral Mining Certification System.

  • An applicant may audit any certification course. The applicant shall be informed that no written exam will be given to a person auditing a course. In addition, the person auditing the course shall not be charged a fee.
  • An applicant may request a refund if they decide not to take the course. Otherwise, they have five years to complete the file.
  • An applicant shall be registered for a course upon receipt of the application or renewal form plus the fee. An applicant shall not be certified until all paperwork requirements are met.
  • After the deadline date, the Office Services Specialist shall generate a class roster for the certification class, which will be used by the inspector/instructor for taking attendance. It will be either mailed or e-mailed to the inspector.
  • A Study Guide, First Aid Booklet (Surface Foreman Initial class only), State Regulations, and State Laws shall be mailed to all applicants prior to the class. No other materials will be handed out during the class.
  • The lead instructor is responsible to obtain all other needed materials to conduct the class (exams, answer sheets, evaluation sheets, roster 1 or 2, first aid cards, A-V equipment, etc.).
  • The lead instructor shall take attendance on the first day of each certification course.

For Surface Foreman classes, the lead instructor shall also take attendance on the 2nd day of class, which begins surface foreman instruction (1st day is optional First Aid training). Each certification class (including First Aid) requires an individual roster.

  • At the end of each certification course, a certification exam shall be administered to each applicant. Two instructors shall be assigned to each course and will be present during the exam. An exam roster shall be used and signed be each applicant that takes the exam.
  • The course instructor shall confirm the identity of each applicant prior to taking the exam by use of a photo id (typically a driver’s license). The top section of the answer sheet must be completely filled in and signed by the applicant.
  • After the exam is completed, the instructor will grade the exam and applicants may ask for the preliminary results. The instructor will initial and date each exam graded.
  1. 2-2DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002
  • All exam booklets and answer sheets must be returned to the instructor at the end of the exam period. The instructor must be in full control of the exam booklets at all times.
  • At the completion of the course, the instructor shall submit all course materials and paperwork (including exams and exam answer sheets, student course evaluation forms, and class rosters) to the Office Services Specialist as soon as possible for data entry and processing of certifications.
  • The exam answer sheets and associated course roster shall be stapled together with a cover sheet and filed in the office.
  • The Office Services Specialist shall enter the grades into the Certification System. If the applicant successfully passes all sections of the exam, then the Office Services Specialist shall process the applicable certificate or issue a letter identifying specific information that is required to complete the applicant’s file prior to issuing the certificate. If the applicant fails one or more sections of the exam, the Office Services Specialist shall issue a letter identifying which section(s) was failed and informing the applicant of the process for retaking the failed section(s). The Office Services Specialist may sign the letters.
  • The Office Services Specialist shall issue a certificate upon after an applicant has successfully passed all sections of the exam and provided a complete application with all applicable fees.
  • Upon issuing the certificate, the applicant’s file with the printed certificate shall be forwarded to the Division Director for his review and signature and returned to the Office Services Specialist for copying and mailing.

• Each certification mailing shall include:

  • Cover letter
  • certificate and pocket card
  • hard hat decal with instruction sheet
  • Copies of the certificate and letter shall be placed in the applicant’s folder and filed in the completed file box awaiting microfiche.
  • For those receiving only a letter, a copy of the letter shall be placed in the applicant’s file and placed in the file drawer awaiting completion by the applicant.
  • A separate database shall be maintained for all initial and renewal certifications and paperwork retained in a file box awaiting microfiche.
  1. 2-3DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002

Reciprocity and Certification Examination without Course Attendance

  • An applicant may apply for certification without taking a certification course. The following procedures apply to all applicants, including those requesting reciprocity from other states.
  • An applicant may challenge a certification exam instead of taking a course (either initial or renewal). The applicant must contact the DMM office to schedule an exam date and location in advance. All paperwork (appropriate application forms) and fees must be received 5 days prior to the exam date. The Office Services Specialist shall follow the same procedures that are used for a certification course when reviewing an applicant’s file for completeness.
  • An applicant shall be sent all study materials for the exam requested in advance of the scheduled exam date.
  • The Office Services Specialist, Safety Engineer, or Mine Inspector shall administer and grade the certification exam according to the procedures described in the previous section (Certification Course Registration, Attendance, and Exam).
  • The Office Services Specialist shall process and issue a certification or notification letter following the same procedures described in the previous section (Certification Course Registration, Attendance, and Exam).
  • An applicant who requests reciprocity from another state must provide a copy of the applicant’s certification exam categories and grades from that state, a copy of their current certification, all properly completed Board of Mineral Mining Examiners forms, $10 fee, and a copy of current first aid certification to the DMM Office Services Specialist for review and processing.
  • Reciprocity shall be granted only to those applicants who hold certifications from a state that recognizes Virginia certifications for the same function. The Board of Mineral Mining Examiners shall review and approve each reciprocity request on a case-by-case basis.

Approved Competent Person Certification

Designed for the applicant who does not meet the five-year experience requirement for foreman certification but has 2 or more years of experience and has passed the exam.

  • A company official may submit to the Director a request that an individual be granted an “Approved Competent Person (ACP)” status. The Office Services Specialist shall contact the appropriate Mine Inspector and Mine Inspector Supervisor to interview the individual and review their responsibilities. After the interview, the Inspector shall inform the Office Services Specialist of their recommendation.
  1. 2-4DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002
  • Once the recommendation has been received and all paperwork is in order, a letter shall be prepared and submitted to the Division Director for his approval and signature.

• Once the Division Director signs the letter, the following shall occur:

  • ACP status and date shall be noted on the checklist in the applicant’s file
  • ACP approval date entered on the “competent person” line of the certification system file
  • A copy of the letter shall be placed in the applicant’s file and the file placed in the ACP filing system.
  • If an applicant is denied ACP status, a letter signed by the DMM Director shall be sent to the company official requesting ACP status explaining why ACP status was denied. A copy of the letter shall be filed in the applicant’s file and placed in the “5-year experience waiting area” of the filing system.

General Mineral Miner Certification

The Mineral Mine Safety Laws of Virginia requires any new miner employed after January 1, 1997, including employees of contractors who will be involved in extraction or processing activities, to obtain a General Mineral Miner certification prior to commencing work on a mine site.

  • DMM offers General Mineral Miner certification courses/workshops on the dates published in each Fiscal Year Training Schedule. Registration shall be accepted by telephone or e-mail. Applicants are then placed on the roster and informed to call back within one week of the class to be sure it is not cancelled due to lack of attendance (must have at least 10 applicants).
  • GMM training/certification may be conducted by a DMM-approved training instructor, a certified MSHA instructor, or a DMM certified mine foreman.
  • When a DMM inspector conducts GMM training, the inspector shall have each applicant complete a 3-part BMME-4 form and sign the class roster. After the class, the inspector shall complete the “peel off card” and issue it to the applicant along with the pink copy of the 3-part form. The white copy shall be given to the applicant or a company representative for subsequent submittal to DMM with the $10 fee and a copy of the class roster. The inspector shall submit a copy of the class roster and course evaluation forms to the Office Services Specialist for processing.
  • When an applicant receives GMM training from his employer or other source, the applicant or the instructor shall submit the completed BMME-4, $10 fee, and roster to the DMM office.
  1. 2-5DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002
  • Once received, the Office Services Specialist shall review all paperwork for completeness. The inspector (or instructor or company representative) shall be notified of any missing information or incorrect information prior to processing the applications. If errors are found, the white form shall be sent back to the instructor or applicant with a form letter indicating the problem. Once corrected and returned the process shall be completed.
  • The lead instructor is responsible for obtaining all necessary training materials and forms from the DMM office.
  • No certificates shall be issued to the GMM except for the “peel off” card. To verify that the applicant has paid and all paper work is complete, the OSS shall enter data into the certification system using an “IP” (information processed code) and date. All applicants who successfully complete the GMM course shall receive a grade of 100, which is entered in the grade area of the certification system.

Certification Renewal Process

The law requires DMM to send a notice by mail 180 days prior to the expiration date of all certificates except the General Mineral Miner certification (GMM certification does not expire).

  • The Office Services Specialist shall generate a form letter one week before the 180 day renewal process begins, which will notify the person of their certification expiration date, renewal instructions, renewal course schedule, and include necessary application forms for renewal.

• Certified persons shall apply for renewal by submitting the following:

  • Form BMME-3 (renewal application)
  • Form BMME-2 (work experience form)
  • Copy of Current/Valid First Aid Card
  • $10.00 fee
  • When a renewal application is received, office personnel (Executive Secretary or Office Services Specialist) shall date-stamp the application and initiate the registration process following the procedures outlined in the first section of this procedure (Certification Course Registration, Attendance, and Exam).
  • The recipient of the letter may renew any time within the 180 days renewal period. (They cannot renew prior to 180-day expiration notice.) The certificate expires on the last date of the month that it was issued. The renewal date is maintained on the anniversary date of issue, regardless of when the renewal requirements are completed within the 180-day notice period.
  1. 2-6DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002
  • If a certified person’s certificate has expired or they have not worked in the area the required cumulative 24 months in the last 5 years, then they must reapply for certification following the procedures as an applicant for initial certification and take the entire certification exam. The holder no longer holds a valid certificate and cannot function in that capacity if their certification expires.
  • Once an applicant takes a renewal class or passes a renewal exam, the Office Services Specialist shall issue a new pocket card and certificate. The Division Director shall sign the certificate, which shall then be mailed to the holder within 10 days of the class or exam.

Exam Re-Take

  • If an applicant fails any portion of an exam, they must pay the $10 examination fee and retake the failed section or sections within 90 days to continue the certification process. The applicant must contact the office in advance to schedule a time and location to re-take the exam. The DMM office must receive the exam fee at least 5 working days prior to the re-take exam date.
  • If a section of the exam is failed a second time, the applicant may pay the fee and retake the entire exam after five days in order to continue the certification process.
  • If an applicant fails the examination on the 3rd attempt, the applicant must wait the longer of 90 days from the 3rd re-examination date or one year from the initial examination date before retaking the exam. After the 3rd attempt, the application cycle starts over.
  • If an applicant waits longer than 12 months from the date of the third attempt to take the exam, then the applicant must re-apply and pay the $10 examination fee.

Exam Fee Refund Request

  • If an applicant does not follow through with taking an exam, the payee may request a fee refund in writing.
  • Once the request is received, the Office Services Specialist shall complete a Revenue Refund Voucher form electronically and forward it to the Director for approval and signature.
  • Once approved, the Voucher shall be forwarded to the Office of Financial Services in Richmond for processing and issuing a refund check to the payee.
  1. 2-7DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002
  • A copy of the approved Voucher shall be forwarded to the OSS and filed in the Refund File along with a copy of the “refund” receipt forwarded provided to the OSS from the Office of Financial Services.

Certification Exam Development, Testing, and Implementation

When a certification exam is created or revised, for which new questions and answers are developed and used, the following shall apply:

  • The Safety Engineer shall coordinate the exam development and revision process.
  • The course outline, study guide, and applicable law and regulations shall be reviewed to ensure questions for the exam are developed that are appropriate to the specific course. An exam committee shall be formed to develop questions for the section or sections of the exam being created or revised. The committee shall consist of, at a minimum, the Safety Engineer, one Eastern Enforcement Mine Inspector and one Western Enforcement Mine Inspector. Additional members may be required based upon circumstances and conditions as deemed necessary by the Safety Engineer.
  • Sample questions may be obtained from each Mine Inspector, as each is familiar with the instruction of the course and the course content.
  • The exam committee shall compile all sample questions to review and discuss. The questions for each section are then developed for formal implementation.
  • Once exam sections are completed, the exam shall be administered to all Mine Inspectors for assessment of the correctness, quality, and clarity of each question.

Notes and comments shall be made and returned to the exam committee with the exam. If problems are encountered with specific questions, the committee shall determine whether or not the questions are to be modified.

  • The exam shall be prepared for use during the next appropriate certification course.

The old exam shall be maintained for 90 days to use for any re-take on previously failed sections. After 90 days, the new exam shall be used exclusively.

  • As a protective measure, at least two exams shall be used and coded for random distribution during exam administration. The exams may consist of the same questions, but the sequence of the questions shall be changed to prevent compromising the security or integrity of the exam.
  • If an applicant must re-take an exam, the re-take may be either of the coded exams.

Records Retention for Certification Documents

  1. 2-8DIVISION OF MINERAL MINING PROCEDURE NO. 5.2.00 PROCEDURE MANUAL ISSUE DATE SUBJECT Certification of Mineral Mining Section Training & Certification Industry Personnel by the Board of Mineral Mining Examiners Last Revised September 2002

There are two files used in the certification process at DMM. One file is for pending data, one for completed.

  • Active files are applicant files that are incomplete, but are still within the 5-year application period/cycle. These files shall be maintained up to 5 years. After 5 years these files shall be discarded.
  • Completed files, those in which a certification has been issued, shall be placed in a storage box waiting microfiche. These files shall be maintained by calendar year and are alphabetical. A list is placed in the storage box consisting of name, social security number, and type of certification (initial or renewal).
  • The DMM Safety Engineer shall coordinate with the DMME Public Relations Coordinator for microfilming certification documents. Once the documents are microfilmed, they shall be archived at the Virginia State Library.
  • The T&C Section may secure hard copies of archived/microfilmed documentation prior to 1993 and needed by DMM by calling Division of Mines and requesting a faxed copy of the documents.
  • The “roster” file, consisting of cover sheet, answer sheets of exams, class roster that are given in the past 12 months, shall be kept for 5 complete calendar years then destroyed.
  • Each five-year certification cycle, the study guides for each certification course will be discarded only if revised or updated. The current Study Guides are kept in the Office Services Specialist office.
  • Each five-year certification cycle, the certification exams shall be discarded only if revised or updated. The current certification exams are maintained in the training room.

Replacement Card Request

  • When a replacement card is requested, the T&C Section shall advise the inquirer that the request must be made in writing or in person by the person who was the holder of the certificate, and that DMM must receive a $1.00 processing fee plus the person’s name, address, social security number, the circumstances under which the card was lost or destroyed, and if known, the certificate number. Once this information is received and verified, the OSS shall process the request.
  1. 2-9

Guidelines for Blasting Practices in Coal MinesDoc ID: DM-G-161129

Original: 238 words
Condensed: 203 words
Reduction: 14.7%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 5 EXPLOSIVES AND BLASTING Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.129.

Blasting Practices; Penalty

Blasting Practices Approved by the Chief:

The MSA requires the mine operator to secure approval from the Chief prior to performing the following blasting practices:

  • The use of non-permissible explosives in shaft and slope sinking requires approval in the development plan required by 45.1-161.250 B.
  • The use of a non-permissible shot-firing unit underground.
  • The use of stemming devices other than incombustible material.
  • Use of charges exceeding three pounds per hole.
  • Any solid shooting.
  • Adobe (mudcaps) or other open, unconfined shot.
  • Firing shots from a properly installed and protected blasting circuit.

The mine inspector must determine that the operator has an approved plan for each of the above listed practices. Typically, the operator will have a plan approved by the Chief for shooting on the solid, and for use of non-permissible shot firing units. Should there be indications of any of the other blasting practices requiring approval being planned or performed at the mine, the inspector should review and where necessary apply enforcement action.

The use of explosive products approved for unconfined detonation by MSHA and the Chief do not require further approval.

Whenever feasible during inspection activities, the inspector should monitor the transportation, handling, loading and detonation practices being employed at the mine.

Initial Site Investigation ProceduresDoc ID: DMM-P-411

Original: 349 words
Condensed: 261 words
Reduction: 25.2%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.11.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Initial Site Investigation Section Permitting Last Revised

OBJECTIVE AND INTENT:

To establish procedures to be used in reviewing prospective operators' permit applications (the term "permit" will mean permit/license).

PROCEDURE;

  1. The Mine Inspector will initiate a site investigation and review all permit applications prior to submittal to the DMM office. A report of the investigation will be made on the Initial Site Investigation (DMM-102).
  1. The Mine Inspector will initial each page of the permit application to verify its review, and will complete and submit the DMM Application Checklist (DMM-148) to the DMM office.
  1. The Mine Inspector will not mark on any part of the application without the approval of the operator or engineer, except to initial pages as required.
  1. The Mine Inspector will review the permit application in accordance with the Permit Application Review Procedure 4.13.00.
  1. The Mine Inspector will detail necessary changes, additions, or corrections and list these items on the Inspection Report (DMM-104). A copy of the report will be given to the applicant or to their representative upon completion of the review. The permit application may be returned to the operator so that necessary corrections can be made or maintained in the DMM office.
  1. The Mine Inspector will keep a copy of the Initial Site Investigation for reference, and the original report will be sent to the DMM office for their use. Reference will be made to the report when reviewing the recommended changes.
  1. The maps and permit forms are the property of the operator until they are submitted to the Division of Mineral Mining.
  1. Upon receipt of the Initial Site Investigation, the Program Support Technician will set up a temporary file including the operator's name and county where the site is to be located.
  1. When inspections are made on areas which do not require a surface mining permit, the Mine Inspector must notify the Permitting Section by Inspection Report that the area does not require a permit.

Additional information should be given to the appropriate agency responsible for regulation of the site.

  1. 11-1

Application Processing Time Limits for Mining PermitsDoc ID: DMLR-P-2204

Original: 561 words
Condensed: 392 words
Reduction: 30.1%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.04

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Application Processing Time Limit Section Technical/Permitting Last Revised April 17, 2006

OBJECTIVE AND INTENT:

To ensure applications are reviewed and acted upon in a timely manner per 4 VAC 25-130-773.15(a) and 4 VAC 25-130-774.13(b)(1) of the regulations.

PROCEDURES:

Application for Permit or Revision -

The Division of Mined Land Reclamation (DMLR) will not set a deadline for a decision to issue or deny an application for a new permit, acreage amendment or revision for which the applicant has been diligently pursuing the application. The DMLR may administratively deny applications for new permits, acreage amendments or revision that have been submitted in excess of 24 months from the initial receipt of the application by DMLR (with no recent action on the permittee’s part, generally this will be one year). This denial does not prevent the permittee from obtaining a new data download and submitting it as a new permit application, acreage amendment or revision. Note, all requirements for a new permit, acreage amendment or significant revision must be met (i.e. publication, comment period, agency notifications, etc.)

The Reclamation Program Manager-Permitting or Permit Review Specialist will deny the permit or revision application not issued by the final determination date. This denial will be made on the first working day following the final determination date, or as soon as practicable thereafter. The DMLR will evaluate any timely extension requests and extension may be granted by the Reclamation Program Manager-Permitting. Denial of the application shall not prevent the operator from updating the application and resubmitting it as a new application.

Such resubmittals will be subject to the requirements for new permit or revision application.

Permit/Revision Applications that are in review when the final determination date lapses -

The Reclamation Program Manager-Permitting or Permit Review Specialist may temporarily suspend the final determination date if the application is in review, in order to allow the review to be completed.

For a revision application that does not require the submittal of bond, fees, or other items, the Reclamation Program Manager-Permitting or Permit Review Specialist may grant approval if there are no outstanding technical or permitting comments, which must be addressed by the applicant at the conclusion of the review. For a revision requiring the submittal of bond, fees or other items, and for permit applications, the Reclamation Program Manager-Permitting or Permit Review Specialist may extend the final determination date for a reasonable time from the date bond and fees are requested, provided there are no outstanding technical or permitting comments, which the applicant must respond to at the conclusion of the review.

The Reclamation Program Manager-Permitting or Permit Review Specialist will reject an application that is not approvable (i.e., technical or permitting comments are outstanding at the conclusion of the review) as soon as practicable after the review is completed.

The Reclamation Program Manager-Permitting or Permit Review Specialist is not obligated to accept any corrections to the application after the original final determination date has passed. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.04

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Application Processing Time Limit Section Technical/Permitting Last Revised April 17, 2006 The Reclamation Program Manager-Permitting may waive this temporary suspension of the final determination date; thus, allowing the denial to proceed at any time after the original final determination date has passed. 2

Operator Assistance Procedures in Mineral MiningDoc ID: DMM-P-21

Original: 172 words
Condensed: 134 words
Reduction: 22.1%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.1.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Operator Assistance Section Enforcement Last Revised 09/21/95

OBJECTIVE AND INTENT:

To provide for consistent delivery of assistance to DMM customers without assuming unnecessary liability or bias.

PROCEDURES:

When providing operator assistance the DMM staff will refer to the Education and Training Service’s Plan and follow these guidelines:

  • Operators will be informed that the Division of Mineral Mining recommendations made by the Mine Inspector or other DMM personnel are merely suggestions and the results of any adoption or implementation of these recommendations is the sole responsibility of the operation.
  • Recommendations or endorsements of specific vendors could be considered a conflict of interest and will be avoided.
  • Permit application forms and other annual operator documents will be filled out by the applicant or a duly appointed representative of the operator and not by the Mine Inspector.
  • Division staff will remain unbiased when dealing with customer and stakeholder groups and keep a neutral position in cases where conflicts arise between groups.
  1. 1-1

Highwall Settlement and Re-Elimination GuidelinesDoc ID: DMLR-M-5-95

Original: 393 words
Condensed: 330 words
Reduction: 16.0%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 5-95

Highwall Settlement Guidelines (issued 8/3/95, updated 10/1/01)

The following guidelines set forth the procedures to be used by DMLR to determine whether or not a settled highwall must be re-eliminated.

(§§4 VAC 25-130-816.102 and 4 VAC 25-130-817.102)

  1. Completion of initial backfilling and grading per 4 VAC 25-130-816/817.102
  2. Inspector will confirm compliance (photos & inspection report) before backfilling and grading approval is granted.
  3. 1 year after backfilling, Inspector will document occurrence and extent of each area of backfill settlement, noting – areas of settlement less than 3 feet; in excess of 3 feet; those with stability problems; and where land use problems may exist.
  4. Inspector will document each occurrence and extent of backfill settlement during each complete inspection (quarterly).
  5. DMLR to evaluate each occurrence of settlement to determine if stability or land use problems exist.
  6. Re-exposure of highwall result of instability – DMLR will require mitigation, including re-elimination of highwall as soon as possible.
  7. After 18 months, should DMLR determine settlement interferes with postmining land use implementation, permittee will be instructed to mitigate settlement, total highwall re-elimination (45 days, with extensions possible based upon site-specific situation). Failure to comply may result in enforcement action (4 VAC 25-130.816/817.133(a)).
  8. Post 18 months - settlement in excess of 3 feet deemed impediment to the post mining land use and final bond release would not be considered until areas of wall exceeding 3 feet are re-eliminated. DMLR will instruct mitigation of settlement in areas exceeding 3 feet (45 days, with extensions possible based upon site-specific situation). Failure to comply may result in enforcement action (4 VAC 25-130.816/817.133(a)).
  9. Areas re-disturbed to eliminate settlement will be evaluated by DMLR to determine whether any portion or all of the permit must have the bond liability period extended per 4 VAC 25-130.816/817.116. The full period of liability will be applied if more than 10% of the applicable area is significantly re-disturbed. (see Normal Husbandry Practices).

Highwall settlement of 3 feet or less will be allowed, provided – a.

The highwall must have been originally totally eliminated. b.

A certification from a professional engineer is submitted to the DMLR attesting that the highwall is stable and no stability problems exist. c.

There are no other existing violations associated with the highwall backfill.

Surface Foreman Certification Study GuideDoc ID: DMM-C-SF

Original: 34,941 words
Condensed: 31,909 words
Reduction: 8.7%

DEPARTMENT OF MINES, MINERALS AND

ENERGY

DIVISION OF MINERAL MINING

SURFACE FOREMAN’S CERTIFICATION

STUDY GUIDE

September 2001

Revised 3/1/02

DMM Surface Foreman Certification StudyThis guide is intended to focus the student on the Laws and Regulations the Division considers most important to certified foreman in the performance of their day-to-day duties. It does not attempt to cover all the Laws and Regulations that the certified foreman may need to be knowledgeable of in all circumstances. A list of the Laws and Regulations, which are not specifically referenced in the study guide, can be found in Appendix A. The certified foreman should familiarize himself with all of the Mineral Mining Laws and Regulations and should refer to them, as necessary, to ensure their compliance.

DMM Surface Foreman Certification Study iTABLE OF CONTENTS

Introduction........................................................................................iii

Foremanship........................................................................................1 Leadership and Supervision ............................................................2 Accident Prevention .......................................................................7

Handling Emergencies.................................................................. 10 Complaint Management................................................................ 11

Responsibilities of a Surface Foreman ............................................... 13 Definitions ................................................................................... 14 BMME Certification Categories.................................................... 15 Duties, Responsibilities, and Consequences ................................... 17 Responsibilities of Mine Operator or Operator’s Agent................... 19 Responsibilities of Other Certified Persons .................................... 20

Operational Safety............................................................................. 22 Definitions ................................................................................... 23 Pit or Quarry................................................................................ 24 Plant or Processing Area............................................................... 27 Mobile Equipment........................................................................ 31 Maintenance and Repair................................................................ 34 Electrical Systems ........................................................................ 36 Personal Protection....................................................................... 38 Explosives, Blasting Activities, and Drilling .................................. 41

Reclamation Laws and Regulations ................................................... 46 Definitions ................................................................................... 47 Permitting.................................................................................... 54 Enforcement ................................................................................ 58 Reclamation................................................................................. 59 Impoundments ............................................................................. 60

Safety Training .................................................................................. 63 The Basics on Training ................................................................. 64 Virginia Requirements on Miner Training...................................... 65 Example Training Plan ................................................................. 70

Record Keeping ................................................................................. 82

First Aid Training Summary ........................................................... 102

Appendix ......................................................................................... 105

Bibliography.................................................................................... 110 DMM Surface Foreman Certification Study Guide ii

INTRODUCTION

This study guide was developed to assist applicants for Board of Mineral Mining Examiners (BMME) certification as “surface foreman – mineral mining”, or “surface foreman – open pit.” The guide is intended to provide the user with practical information related to how state mining laws and regulations are applied to various mineral mining activities. This guide is intended for use with copies of Mineral Mine Safety Laws of Virginia, Safety And Health Regulations For Mineral Mining, and a first aid booklet provided by DMM to all applicants.

BMME foreman examination questions will be based on the above referenced documents.

In addition to reviewing basic safety and environmental requirements, this guide also provides information related to how BMME-certified foremen can best carry out their duties and responsibilities. The mine foremanship section provides practical approaches and methods that may be employed to deal with many of the safety related issues that challenge mine supervisors.

In addition, sample forms, which can be used to document various record keeping requirements, are included as a part of this guide.

The certified foreman plays a key role in the overall performance of the mine from the standpoint of both safety and production. The BMME-certified foreman assumes certain responsibilities to both the employer and mine employees by ensuring that daily production activities are carried out in a safe manner. When used in conjunction with State mining laws and regulations, this guide can serve as a practical reference as to how State mining laws and regulations are applied to areas and activities under the foreman’s supervision.

Overall Objective: Familiarize participants with requirements of State mining laws and DMM safety and health regulations necessary to guide proper work practices and provide for a safe work environment at mineral mines.

DMM Surface Foreman Certification Study Guide iii

SECTION 1

FOREMANSHIP

Specific Objective #1: Review and discuss principles of effective foremanship which can enhance the participants effectiveness as a BMME-certified mine foreman.

DMM Surface Foreman Certification Study

1FOREMANSHIP

To be a successful certified foreman, you need to earn and maintain the respect of your employees, your fellow foremen and your supervisor. Respect comes as you build your reputation for getting the job done and doing it safely. With every decision you make, you have an opportunity to set the example by obeying the law and making safety your top priority.

There are a lot of things that must be done as a supervisor to get results and work effectively with people. This study guide will cover some of the basics of management that all foremen should be aware of as well as the laws and regulations that must be followed as a foreman.

How you manage your people and your responsibilities is up to you, your supervisor and your company's operating policies. This section is intended to be a guide, offering suggestions that will help you become a more effective certified foreman.

Most managers concern themselves with three primary elements of running a successful operation – safety, production, and costs. All of these are important, but it is the intent of this guide to focus primarily on safety. As you continue your career, you will find that the same good management that creates a safe operation will lead to a productive and low cost one as well.

Leadership and Supervision

Besides your knowledge of the requirements of the Law and Regulations, the most important aspect of being a certified foreman is demonstrating your leadership and supervision skills. Most successful foremen use a five-part process to get results from their people. The five steps of basic good management consist of planning, making expectations clear, monitoring toward achievement of the objective, recognizing both good and poor performance, and carrying out the consequences of poor performance. In addition to managing your people, you should also develop a personal plan of action to guide yourself in carrying out your duties as a certified foreman. Your company may have its own set of guidelines for foremanship. If this is the case, you should obtain and read a copy of those guidelines to ensure that you are meeting your company’s expectations as a foreman.

A. Dealing With Your Employees – Five Basic Steps:

1) Planning

Planning is the key to getting anything done. A plan is the backbone of accountability. It is the roadmap for achieving your goal. It is also the means by which you will measure progress toward your goal. When planning, you should think through the steps that will be necessary to reach your objective. Your objective may be solving a complex problem or simply trying to figure out the best way to approach someone about an unsafe act.

When formulating a plan, get the help of those that will be responsible for carrying it out.

Their input will ensure their cooperation. When employees are encouraged to share their ideas it makes them aware of the important role they play in contributing toward the safety performance, production goals and profitability of the company. Normally, when employees recognize their DMM Surface Foreman Certification Study Guide 2 importance as individual parts of the company, they will work harder toward the common good of all.

To develop a plan, the first thing you want to do is ask yourself, “What are my objectives?” In trying to solve a problem, ask yourself what’s causing the problem. Consider all your options and determine which is likely to have the most impact or be the most likely to work.

Determine what roles each person will play and who will be held accountable for each part.

Include specific targets that will allow you to monitor the progress being made. Your targets will also help remind you, and all involved, of what needs to be done to achieve the objective. A good plan should be understandable, complete, well thought out and uncomplicated. Your plan will help prevent problems from occurring, and save time and money as you and your people work toward your objective.

2) Expectations

Every foreman has objectives or goals to work toward. Since these objectives normally cannot be accomplished without the help of others, you must learn how to ask others for help or, in the case of supervisors, give orders. In either case you must communicate what needs to be done with clear expectations. Expectations may consist of all sorts of things related to getting the job done. Examples of safety related expectations are topics covered in task training, safe work procedures discussed in a safety meeting, a review of the company’s safety policy or just telling someone how to do the job safely.

Use your people according to their skills but don’t hesitate to challenge them with improvement. Make your challenges manageable achievements. That is, when giving an assignment, make your expectations match that person’s realistic capacity to handle the new assignment and, if necessary, give them smaller assignments that will allow them to reach your objective one step at a time. Not everyone can do the same thing or do it as well. Overlooking a person’s realistic ability to handle an assignment may result in frustration and resentment, neither of which will help you attain your objective. To encourage cooperation when challenging them, do so in a way that shows faith in their ability to do the job.

Be fair in the way you assign work. Be careful not to overuse anyone on the crew. Don’t take advantage of a good employee. Treating people fairly is one of the best ways to earn their respect and encourage cooperation.

When discussing your expectations, show how their achievement of the objectives will benefit them as well as you. Your chances of achieving your goals and objectives are better if your crew perceives the attainment of your goals as something that will also benefit them. They need to see what is in it for them. In other words, you and your crew must be able to share a common goal to get anything done. Everyone needs to feel that they are a part of the team before they commit themselves to its success.

Understanding is a major factor in achieving any objective. Without clear expectations, it is difficult to hold your people accountable. Take the time to explain the reason for what you want done and your people will do a better job at doing it. Knowing why the goal is important and seeing that you have faith in their ability to do the job will also encourage initiative and responsibility.

DMM Surface Foreman Certification Study Guide 3 When pointing out problems with the way things are being done, be sure to show respect for your employees abilities. Whenever discussing your expectations, always take that person’s experience and knowledge into account. Often time people resent being told how to do a job when they have already been doing it, whether right or wrong. In most cases they won’t consider what they have been doing as wrong. Recognizing the experience and abilities of your employees makes them feel good about themselves and you. When they respect you they will respect your suggestions as well. By showing respect for their contribution to the crew or team you are also encouraging them to work for the common good as part of the team.

You will find that your crew will try to live up to your expectations no matter how high or low they are. The best way to ruin a person is not to expect anything from them.

3) Monitoring

You have to help your people reach your goals. You do that by monitoring. When you monitor you are checking on the progress being made toward your objectives and telling your people what is important at the same time.

Monitoring should be done frequently and enforced consistently. Monitoring can be done through job observation, periodic performance appraisals, checking for completion of reports (such as equipment pre-op checklists and hazard training documentation) and keeping your own reports (such as production or equipment maintenance reports). Being a good manager is getting the job done by priorities. All the expectations in the world are no good if you fail to monitor for their accomplishment. Many of us would agree that the best boss we have had was the one that made his objectives clear and held us accountable for our part in achieving them. He didn’t try to do our job for us. Instead, he challenged us with assignments and held us accountable through regular monitoring. We knew what he expected and we got it done. Most people don’t only want direction, they need direction.

Successful monitoring is not intended to catch people doing things that are wrong. If done properly, you shouldn’t find people doing things wrong because they’ll know what your expectations are and they’ll know that you will be checking up on them. If you find your people doing things wrong, take the time to review your expectations and point out areas for improvement. An unwillingness to point out and discuss problems when they occur will send a sign to your people that you don’t care about meeting your expectations and that you don’t care about them. When your people are meeting your expectations, recognize what they are doing right. Failure to point out the good things that your employees and coworkers are doing may lead to resentment and lack of cooperation when you assign new expectations in the future.

When you become predictable in checking on your people, you have done a good job at monitoring. When you become predictable at monitoring, your people become responsible.

Making people accept responsibility after you have made your expectations clear is what monitoring is all about. If they know you are going to check something, they will be more conscious of what they are doing and do a better job at it. Regular monitoring will create good habits in your employees and coworkers and that will make your job easier.

More plans fail due to lack of monitoring than for any other reason. This is one of the most important management tools you have. Even the best employees can slide back into old habits. They may not continue to put forth their best efforts if they no longer see that your DMM Surface Foreman Certification Study Guide 4 objectives are important to you. The things you decide to follow up on will send signals to your crew. You need to “inspect what you expect”.

4) Recognition

Recognition happens when you meet with your employees or coworkers to discuss the progress they are making toward your expectations. Recognition can be done through job-site conversations, employee meetings or such things as safety awards. In most cases, and especially when constructive criticism is necessary, recognition should be done privately one on one. The purpose of recognition is to let the employee or coworker know that your expectations are important to you. It is the key to improved performance.

Be up-front with your people. Don’t let your people fail – level with them. Tell them what they have done well and what needs to be improved. If you don’t, you will not get the message across. Ignoring problems will encourage poor behavior and lack of responsibility.

Passing over achievements does not recognize improved performance. You must tell them when you see them failing to reinforce what needs to be done and you must tell them when they are doing a good job to help develop good habits.

Recognition should be done in a way that will help your people improve their job performance and encourage them to take initiative and responsibility in their job. Take the time to listen and give them the help or instruction they may need to improve their performance.

Listening and making yourself available to work with your people shows a willingness to learn and helps build mutual respect.

Don’t forget to follow-up on what you have set out to achieve. Recognition is the key to getting things done to meet your objectives. Your objectives, plans and targets are no good if they are not monitored and the progress toward them is not communicated through recognition to those responsible in achieving them. When you show recognition consistently, such as showing a low tolerance level for unsafe acts, your people will know what you expect and the likelihood of you reaching your objective will become easier.

5) Consequences

Dealing with consequences usually means the use of discipline to get people back on track. Consequences are important because they let people know you are serious.

When dealing with consequences, you must first make sure you are right. Before a problem gets to the point where discipline is necessary, you should determine whether or not you have done what you should be doing as a foreman. You cannot discipline an employee if you have not first taken the time to monitor and recognize the poor performance that is causing the problem. You have an obligation to try to work with the employee to achieve improved performance before you discipline.

If you have been working with the problem employee and things are still not improving, you should consider different ways to achieve what you want done. Maybe you are going about it the wrong way. Maybe you have assigned them a task beyond their capability.

DMM Surface Foreman Certification Study Guide 5 Once you get to consequences, things are pretty cut and dry because the company has guidelines for discipline. You should follow your company’s guidelines. Most companies handle consequences through written warnings before taking other disciplinary action.

When dealing with consequences, you should focus on the problem, not the person.

Explain carefully where they went wrong and what should have been done. Don’t jump to hasty conclusions. Don’t threaten anyone or put them down. This will encourage them to look for excuses – reasons why they can’t do what they should be doing.

As a supervisor, it is natural that you want to be liked and thought highly of by all of your employees. However, when it comes to enforcing safety requirements, it is more important to put safety before the need to be “one of the guys”. Enforcing safety requirements is not only an excellent way to show your employees that you care about them; it will also earn you respect.

You may not be able to do everything, but you must ensure that your employees meet your safety expectations. Once you let something slip by because it is difficult or uncomfortable to enforce, you damage your credibility. You must be consistent. Your employees will test you.

If your people see that you are not consistent, they may lose respect for you and the safety requirements you are trying to enforce.

B. Concerning Yourself – Your Personal Guide to Success:

Leadership is the ability to influence behavior to get the job done.

The certified foreman often sets the example. The way to show a good example is to work safely yourself. Always put safety in your plans, wear your personal protective equipment, take the time to train your people to work safely, make your required safety inspections, correct unsafe acts consistently, listen to your employees concerns and see that unsafe conditions are corrected. In most cases you may not have a problem telling your people what is most important, you may have a problem demonstrating it. It is not enough to know safety; you need to practice it.

Being consistent is also very important. By consistently enforcing State and company safety requirements, you will achieve the best results from your employees. Your employees need to know where you stand on things. They want to know the rules – what is required of them. If you are inconsistent in enforcing these rules, your employees may become inconsistent in following them.

You earn respect by being good at what you are supposed to do – being a good certified foreman. Don’t look for respect from your people by trying to be smarter than they are. More than likely they know more than you will ever know about what they do. Maintaining a safe work environment and ensuring safe work habits is the best way to build respect and trust in your people. When they trust you, instead of questioning you, they will work harder to work with you.

Don’t try to solve all your problems at once or be good at everything you do. Nobody can do that. Work on one problem at a time. Try to be good at a few things and be consistent at those.

Keep up with your education. Obtain all the training that you can. Periodically reread the requirements of the State’s mining laws and regulations.

DMM Surface Foreman Certification Study Guide 6 What makes a good certified foreman? A good certified foreman should have a clear plan and objective, they should let their people know what is expected of them, they should follow up from time to time to let their people know what is important, they should level with their people if they don’t meet expectations, they should help their people to help themselves, they should listen to their people and their concerns, and be consistent, fair and honest in their actions and treatment of people.

Accident Prevention

Accident prevention is one of the most important responsibilities of the certified foreman.

After all, the Mineral Mine Safety and Health Regulations require certified foremen to eliminate hazards or unsafe conditions before miners work in any areas and to ensure that all activities under their supervision are conducted in a safe manner. Starting with the requirements of the Regulations there are a number of ways that accidents should be and can be prevented.

A. Pre-shift Examinations and Pre-operational Inspections

Not only are these requirements of the law and regulations, they just make good sense.

Inspections done at the beginning of the shift give all involved an opportunity to detect and eliminate hazards that may be present in the work place. As a certified foreman, you should make sure that all miners under your supervision are conducting their pre-operational inspections.

Mobile equipment operators, stationary equipment operators, and all other miners are required to inspect their work areas for hazards prior to starting work. These inspections are required before an idle piece of equipment or an inactive area is put into use during the shift. All hazards reported to you must be corrected or posted and barricaded before allowing anyone to work in the affected area. This often requires working closely with upper mine management, especially when you don’t have the authority to eliminate the potential hazard yourself. When you don’t have the authority to eliminate the hazard, you should direct your attention toward isolating the hazard with a barricade and warning sign, informing all affected miners of the hazards present, and informing the manager who has the authority to take corrective action so that corrections can be made as soon as possible.

B. Follow-up Inspections Made During the Shift

A good certified foreman must be on the look out for dangerous conditions or practices throughout their shift. In addition, whenever conditions or equipment are changed during the shift, the certified foreman should inspect the area affected. The regulations are specific in their requirement that the certified foreman examine all active work areas that may be affected by blasting after a shot has been put off.

C. Personal Protective Equipment

As a certified foreman, one way that you can help prevent accidents is to ensure that the proper personal protective equipment (PPE) is on hand and is being used by your fellow employees. Besides standard PPE equipment such as face shields, safety harnesses, hearing protection, and dust respirators, there are also things like lock-out and tag-out equipment, fire extinguishers, chock blocks, area lighting, and even warning sirens that you may now be responsible for providing for your crew. If this is the case, you should make yourself aware of what you are responsible for and make yourself a checklist so you can periodically check to make DMM Surface Foreman Certification Study Guide 7 sure it is there. You may also want to delegate the maintenance of this equipment to those that regularly use it. In most cases, those who use the equipment and need it to protect their safety while on the job, will ensure that it is there and is well taken care of. Never the less, your follow-up in this area is important since the lack of proper equipment may lead to an accident or having to shut down the job.

D. Training

Training should be foremost in the mind of every certified foreman whenever anyone is exposed to a new environment or situation. The safety of your employees, co-workers, contractors, and visitors should be first and foremost in your mind.

Training for mine personnel, contractors, and visitors will probably involve at least one of the following training requirements -- new miner training, newly employed experienced miner training, annual refresher training, task training, and hazard training. New miner training is typically given to new employees that do not have prior mine experience. Newly employed experienced miner training is given to experienced miners that are new to your operation. Annual refresher training is used for a number of purposes such as keeping mine employees current with changes in State and company safety regulations. Task training must be given to all new and reassigned employees to instruct them in the proper way to perform their new job and to make them aware of the hazards associated with it. Hazard training should be given to all mine visitors to make them aware of any potential hazards within their area of work or travel on the property.

Task training can be one of the most effective means of accident prevention if done properly. The certified foreman or a competent person he has selected should do this.

Remember, a competent person is someone who has the experience and ability to do a job or task.

Task training should include familiarization with the work area, a review of safe operating procedures for the equipment to be used, potential safety hazards associated with the job, and a review of company and State safety regulations pertaining to the job. The new operator’s initial practice on the job should also be closely supervised until you are confident they have the ability to do the job safely.

One of the purposes of training is to make people aware of potential hazards before they expose themselves to them. Lack of knowledge and carelessness are the cause of most accidents.

Training is an opportunity for you to share your experience with others. Good training in conjunction with proper documentation can also serve as a useful means of making persons accountable for their personal safety.

E. Safety Meetings

Safety meetings are one of the most basic means of communicating safety messages and safe work procedures with your employees and co-workers. These meetings are one of the best tools you have to get your people committed to safety and take responsibility for themselves. To make a safety meeting effective, take time to prepare, select a good place to hold the meeting, show sincere interest in the subject you are discussing, encourage participation from the crew, and don’t get in a hurry – give the meeting enough time to be effective. A sincere safety attitude is essential during the meeting to effectively get the message across. The key to holding a good safety meeting is getting your people involved – discuss the topic and ask for suggestions in areas that may need improvement. If an employee makes a contribution during the meeting, you should follow-up on it. If you fail to do this, they will lose interest and commitment.

DMM Surface Foreman Certification Study Guide 8 F. Dealing with Unsafe Acts

All employees under your supervision must be observed on a regular basis to ensure they are conducting their jobs in a safe manner. Besides experience, this requires a good working knowledge of both State and company safety regulations. In addition to instructing the employees under your supervision in the regulations applicable to their work, you should regularly inspect for their compliance with those regulations and take appropriate actions whenever an unsafe act is observed. That usually means taking immediate steps to prevent it from reoccurring. This may be as simple as pointing it out to those involved and explaining how it could lead to an accident. It may require that additional training be set up or some disciplinary action be taken if the person(s) involved have a history of unsafe work habits. Consistently showing a zero tolerance level for unsafe acts will let your people know what you expect and make your job easier. Other tips for dealing with unsafe acts can be found in the Leadership and Supervision section of this guide.

G. Adopting the Buddy System

In the buddy system you either encourage or assign all persons on the mine site to adopt one or more buddies. Groups will normally occur naturally such as a loader operator and his truck drivers, but assignments may be necessary if any employees are left out. Each person is then asked to look out for their buddy and help refocus them when they begin to stray from good safety habits. Co-workers should also be encouraged to keep an eye out for their buddies if they don’t appear to be fit for work due to a temporary physical or mental condition. In that case, they should also be encouraged to inform their supervisor since the affected employee may only be safe at home on that particular day. Everyone should be encouraged to thank their buddy, instead of fuss, when an unsafe act is pointed out or they are reminded to do something in a safer way. None of us like to be told that we are doing something wrong, but when it’s something that could get us hurt, we should be thankful that someone else cared enough to say something to us.

Not only is the buddy system good from the perspective that everyone is looking out for someone else, but they are also being looked after as well.

H. Making Safety Analysis

Safety analysis or audits are invaluable tools in accident prevention if used properly. The safety analysis is an examination of the mine site designed to find and correct unsafe conditions and unsafe acts. Your company may already have policies and procedures for the performance of a safety analysis. Before starting off on your own, you may want to check with upper management to see if this is the case.

To be most effective, the analysis should be given adequate time to be completed and, most importantly, be given the priority it deserves. The analysis will allow all employees involved to look at their own work areas and the work areas of others in a different perspective.

It also helps those employees to develop a practiced eye in finding unsafe conditions and acts.

Most importantly, it shows all who participate the importance that management has assigned to safety and what they can contribute as an individual to the overall good of the group. This in turn will help encourage each individual to take responsibility for safety and make safety a habit.

DMM Surface Foreman Certification Study Guide 9 I. Accident Investigations

As a certified foreman you may also be responsible for investigating and reporting accidents to individuals and property under your supervision. If the accident results in a serious personal injury or fatality, you or your supervisor will need to contact the Division of Mineral Mining by the quickest available means. In most cases, an accident of this type also requires the scene of the accident to remain undisturbed until investigated by the Division. In other situations you may only need to prepare and file an accident report. If this is the case, be sure to familiarize yourself with your company’s policies and procedures regarding these reports. Besides a list of those individuals that were injured, include a description of what was taking place and the time, date and location of the accident. These reports may also contain pictures of the scene, the equipment involved, distance and size measurements, and the addresses and phone numbers of witnesses. When you make the investigation, gather all pertinent facts from an objective viewpoint and remember that the purpose of the investigation is not to point the finger of blame.

Instead, accident investigations often help prevent the same type of incident from occurring again. Oftentimes, near misses go unreported within the company because those involved came out of the situation okay. If reported within the company, near misses can also provide an excellent training tool that may prevent the situation from reoccurring and possibly hurting someone the next time. Accident reports can be a useful training aid to show others how an unsafe act or unsafe condition led to someone else’s injury. Seeing is believing, and oftentimes an accurate account of someone else’s accident can make a believer out of those with whom it is shared.

Handling Emergencies

Planning and preparation are the keys to properly handling emergencies. Requirements of the regulations and law address several issues concerning emergency preparedness. Some of these include the requirements to make pre-arrangements with the local fire departments and rescue squads for emergency assistance. Their phone numbers as well as those of the Division must also be posted near phones that are accessible to all mine employees. First aid kits and fire extinguishers need to be provided and maintained by people assigned those responsibilities.

Practice drills must be held for fire fighting and are encouraged for all perceived emergencies to properly train and prepare your people in the event an emergency should occur.

The company you work for should have a mine emergency response plan. You should make yourself familiar with it since it may dictate your response to an emergency. The Division of Mineral Mining also publishes a Mine Rescue and Recovery Plan on an annual basis for use at all mines around the State. This plan has been developed to prepare Department of Mines, Minerals and Energy and mine personnel to effectively carry out their roles in the event of a mine emergency. The plan includes a mine emergency notification sheet that must be posted at a prominent location at the mine. The success of any rescue and recovery operation is greatly influenced by prompt and accurate reporting of the incident. Messages should never be left on an answering machine when reporting mine accidents or emergencies. If your mine inspector cannot be reached, you must contact another inspector or the Division’s main office.

As a foreman you should show leadership and stay calm when dealing with emergency situations. Following a well thought out emergency response plan, making the proper preparations, and having the right equipment on hand will enable you to deal with the situation in a calm and confident manner.

DMM Surface Foreman Certification Study Guide 10 In any emergency situation, your first priority should be the safety of yourself and any other persons in the area. Never rush into a situation until you assess the safety for yourself and other rescuers. Knowing whether or not any of your people have any special medical conditions such as allergic reactions to bee stings, epilepsy or diabetes may enable you to respond to any problems they may be experiencing more quickly. Knowing whether or not any of your crewmembers are First Responders or EMTs could make the difference in being able to save the life of someone injured.

As soon as possible after discovery of an accident, someone on the mine site should contact and stay in touch with the fire department or rescue squad personnel. If there is any doubt that the emergency response personnel will be able to find the site of the accident, an escort should be posted at the mine’s entrance.

The requirements of the law and regulations also need to be met as far as record keeping and notification of the Division. Once your local emergency response crews are notified, you must also take immediate steps to contact your mine inspector or the Division office if the accident involves a fatality, serious personal injury, mine fire, or unplanned explosion. Those accidents, and any other reportable accident, must be documented on an appropriate accident report and submitted to the Division within a few days of the accident occurring. Good documentation can be very beneficial in preventing accidents from reoccurring.

Complaint Management

Complaints may include all sorts of things from safety issues to not being treated fairly.

Supervisors represent the company to their employees and, as a result, they are often the ones that hear their complaints. This is one area where safety issues are usually the simplest issues to deal with. In most cases, they are cut and dry. Dealing with other complaints is often the worst part of many supervisors’ jobs. In this section, a few tips will be shared that should help in dealing with this difficult part of the job.

To handle complaints effectively, you must first learn to deal with the complaint, not the complainant. When receiving a complaint, zero in on the problem, not the complainer. Don’t let personal feelings get in the way of handling the problem fairly and in everyone’s best interest.

Listen carefully and ask for suggestions. Repeat the problem back to the individual talking to you. If you are not clear as to the nature of the problem, ask questions and have them explain their position. Respond in a way that shows sympathy and understanding.

Carefully explain your or the company’s position on whatever the problem may be. It is best to do this at the time of the complaint unless unsure of what that position may be. If in doubt, make arrangements for you and the complainer to meet with someone who knows.

When someone brings a complaint to you, show you care by taking action. Try to solve the problem and work out a solution right then if you can. If you cannot, set a specific time for follow-up. If you make a promise to get back to them later, do it by the time promised. Quick action is especially important with safety complaints. Not only should you want to protect your employee’s safety, but you should also be aware that, if taken to the Division of Mineral Mining, the complaint will result in an investigation. The best place and time to address safety complaints are at the mine site as soon as they come to your attention.

DMM Surface Foreman Certification Study Guide 11 If you cannot correct the problem leading to the complaint, document the reason why it wasn’t corrected and any additional attempts you made to have it resolved. Get back in touch with the individual making the complaint and keep them posted on your progress to resolve the issue.

When dealing with complaints be sure to protect the privacy of the complainant. Don’t make an issue public if not appropriate.

Good communication gains respect. Encourage an open line of communication by asking that all problems be brought to your attention before being taken to upper management or a higher level of authority. Thank them for bringing their problems to you and encourage them to continue to do so with any related problems they may have. Remember, an employee’s problems, which aren’t addressed by you, may be taken to upper management or to the Division in the form of a complaint. Foremen that listen to their crew will have their crew listen to them.

DMM Surface Foreman Certification Study Guide 12

SECTION 2

RESPONSIBILITIES OF A SURFACE FOREMAN Specific Objective #2: Establish responsibilities and duties of a certified mine foreman required by State mining laws and safety regulations.

DMM Surface Foreman Certification Study Guide 13

RESPONSIBILITIES AND DUTIES OF CERTIFIED FOREMAN

Definitions

The following definitions are found in the Mineral Mine Safety Laws of Virginia and have specific meanings as used in the law and regulations as well as where they are referenced in this section. These definitions can be found in the Law, Section 45.1-161.292:2.

Agent: means any person charged by the operator with responsibility for the operation of all or a part of a mine or the supervision of the miners in a mine.

Approved competent person: means a person designated by the Department as having the authority to function as a mine foreman even though the person has less than five years’ experience criteria, he may perform the duties of a mine foreman except the pre-shift examination.

Authorized person: means a person assigned by the operator or agent to perform a specific type of duty or duties or to be at a specific location or locations in the mine who is task trained in accordance with requirements of the federal mine safety law.

Certified person: means a person holding a valid certificate from the Board of Mineral Mining Examiners authorizing him to perform the task to which he is assigned.

Competent person: means a person having abilities and experience that fully qualify him to perform the duty to which he is assigned.

Experienced surface miner: means a person with more than six months of experience working at a surface mine or the surface area of an underground mine.

Federal mine safety law: means the Federal Mine Safety and Health Act of 1977, and regulations promulgated thereunder.

Interested persons: means members of the Mine Safety Committee and other duly authorized representatives of the employees at a mine; federal Mine Safety and health Administration employees; mine inspectors; and to the extent required by this chapter and Chapters 14.5 and 14.6, any other person.

Independent contractor: means any person that contracts to perform services or construction at a mine.

Licensed operator: means the operator who has obtained the license for a particular mine under Section 45.1-161.292:30.

Mine fire: means an unplanned fire not extinguished within thirty minutes of discovery.

Mine foreman: means a person holding a valid certificate of qualification as a foreman duly issued by action of the Board of Mineral Mining Examiners.

Mine inspector: means a public employee assigned by the Director to make mine inspections as required by this chapter and Chapters 14.5 and 14.6, and other applicable laws.

Miner: means any individual working in a mineral mine.

Mineral mine: means a surface mineral mine or an underground mineral mine.

Mineral Mine Safety Act: means this chapter and Chapters 14.5 and 14.6 of this title, and shall include any regulations promulgated thereunder, where applicable.

Operator: means any person who operates, controls or supervises a mine or any independent contractor performing services or construction at such mine.

Definitions found in the Safety and Health Regulations for Mineral Mining, Section 4 VAC 25-40-10:

Company official: means a member of the company supervisory or technical staff DMM Surface Foreman Certification Study Guide 14 Department: means the Department of Mines, Minerals, and Energy.

Director: means the Director of the Division of Mineral Mining.

Division: means the Division of Mineral Mining.

MSHA: means the Mine Safety and health Administration

BMME Certification

As a certified foreman, it is important to be familiar with Article 3 of the Mineral Mine Safety Laws of Virginia and Chapter 35 of the Virginia Administrative Code that relate to certification requirements and procedures for persons working at mineral mines. Chapter 35 requirements are included in the Safety and Health Regulations for Mineral Mining.

Mineral mine safety laws (45.1-161.292:15) establish the Board of Mineral Mine Examiners (BMME) to oversee certification carried out by the Division of Mineral Mining (DMM). Members of the BMME are appointed by the Governor and represent mine management, workers, contractors, and DMM.

Section 45.1-161.292:19 of the mine safety laws and section 4VAC25-40-40 of the safety regulations require that the following persons be certified by the BMME:

?? surface foreman (quarry) ?? surface foreman (open pit, no blasting) ?? underground foreman ?? surface blaster ?? electrical repairman ?? underground mining blaster ?? general mineral miner ?? state mine inspector

Certification by the BMME is valid for 5 years (45.1-161.292:20) for all categories except “general mineral miner” which shall remain valid indefinitely. Any certification issued by the BMME can be revoked (45.1-161.292:26) for just cause. Any person who has had their certification revoked may appeal that BMME decision in accordance with the Virginia Administrative Process Act. Certification requirements for each of the categories listed above can be found in Chapter 35 (Certification Requirements for Mineral Miners) contained in the safety and health regulations.

As stated above, all certifications, with the exception of the general mineral miner certification, are valid for 5 years and must be renewed through the Board of Mineral Mining Examiners (45.1-161.292:25). All persons holding a certification are notified at least 180 days prior to the expiration date of their certification. Renewal of certification can be achieved by one of two methods specified in BMME regulation 4VACC25-35-40(C): (1) attend DMM foreman renewal course, or (2) successfully complete a foreman renewal examination on any changes in regulations and law since their initial certification or the certification was last renewed. It should be noted that both options require persons to have worked as a foreman for at least 24 cumulative months during the past five years. Failure of an individual to renew a certification by the 5th anniversary of its issuance will result in the certification being declared invalid; revoking the right of that individual to function in his capacity as a certified person. Requirements for renewal of a certification are established by the Board and administered by DMM. Documentation and fees are also established by the Board (4VAC25-35-40).

DMM Surface Foreman Certification Study Guide 15 Certified foremen must also ensure they maintain their first aid certification. The regulations require all certified foremen be trained in first aid and possess a valid first aid certification (4VAC25-40-140). Failure of a individual to keep a current first aid certificate may prohibit them from functioning as a certified foreman.

Certified persons must have ready access to documentation of their certification and be capable of producing this documentation to representatives of the DMM Director when required.

Therefore, it is important to maintain your certification. Lost or destroyed certification cards must be replaced by the holder. This process can be accomplished by contacting the Division and establishing to the satisfaction of the of the Board that the loss or destruction actually occurred and that the person seeking the replacement is the certified holder (45.1-161.292:23).

The BMME certification requirements for “foreman” (45.1-161.292:29, 4VAC25-35-10 and 4VAC25-35-60) include the following:

  1. At least 5 years of mining experience, at least 1 year at a surface mineral mine; or other experience deemed appropriate by the BMME. An applicant with a Bachelor’s degree in mining engineering, mining technology, civil engineering, or civil engineering technology, or geology may be given 3 years experience credit.

Applicants with an Associate’s degree in mining technology or civil engineering technology may be given 2 years experience credit.

  1. A valid basic first aid certificate acceptable to DMM.

Applicants must pass a written examination with a score of 85% or better (4VAC 25-35-20) on all sections of the examination. If one or more sections is failed, the applicant must pay the examination fee and retake the failed section or sections within 90 days to continue the certification process. If a section is failed a second time, the applicant must pay the fee and retake the entire examination. If the examination is failed on the third try, the applicant must re-apply and pay the fee, and wait the longer of 90 days from the re-examination date or one year from the initial examination date before retaking the entire exam.

Individuals who have a valid certification from another state may be qualified to obtain certification in Virginia through reciprocity (45.1-161.292:24 & 4VAC25-35-30). Applicants for reciprocity must submit all required documentation for review and approval of the Board. This documentation must include copies of the certification, examination grades, and work experience records.

Foreman Certification

When 3 or more persons are working at a mineral mine, a BMME-certified foreman must be employed (45.1-161.292:29 and 4VAC 25-40-120), and a copy of the foreman’s certificate must be kept on file at the mine office.

Independent contractors engaged in work related to extraction or processing at the mine must also employ a BMME-certified foreman; however, if the work is not related to extraction/processing, and they are restricted to a “demarcated” work area with no mining-related hazards away from mining activities, they may designate a “competent person” to carry out foreman responsibilities (45.1.161.292:29.D).

DMM Surface Foreman Certification Study Guide 16 Duties, Responsibilities, and Consequences

Foreman Responsibilities

The certified foreman has the following responsibilities imposed by state mining laws and safety & health regulations:

  1. Examine all work environments (active workings) where miners will be assigned to work at the beginning of each shift (45.1-161.292:29.C and 4VAC 25-40-130) to ensure safe working conditions.
  1. Ensure that all activities under their supervision are conducted in a safe manner

(4VAC 25-40-120).

  1. Ensure that conditions and work practices in their assigned area are in compliance with Mineral Mine Safety Laws of Virginia and Safety and Health Regulations for Mineral Mining (4VAC 25-40-120 and 4VAC 25-40-130).

Any hazardous or unsafe condition detected during the examination shall be corrected prior to miners starting work in the affected area; or the affected area shall be barricaded and posted with warning signs (4VAC 25-40-130).

State mining laws and regulations also impose individual responsibility for compliance with miners (45.1-161.292:6.B) and mine “operator” or their agent (45.1-161.292:8). Since most foremen have limited authority, their focus must be directed toward identification and elimination of potential hazards. If they do not have the authority required to eliminate the hazard, their actions should be directed toward isolating the hazard (barricade), posting warning signs, and informing affected miners and the appropriate manager of the situation so that corrective action can be taken.

Duties Imposed by Foreman Responsibilities

To fulfill the responsibilities of a certified foreman imposed by state mining laws and regulations, the foreman must carry out the following duties:

  1. Conduct and document examination of work environments (active workings) at beginning of each shift; document any hazard detected, or reported to you by miners.

If you lack the authority to correct the hazard, barricade the affected area, post warning signs, and document to whom (manager) and when you reported the hazard for corrective action. A record of the examination must be kept at the mine office for at least 1 year (4VAC 25-40-130).

  1. Ensure that miners under your supervision are properly trained in accordance with the company’s Mineral Mining Safety Training Plan (45.1-161.292:73), and that records of Task Training are kept at mine office (4VAC 25-40-100) for at least 2 years, or 60 days after termination of miner’s employment.
  1. Initiate appropriate action (training/disciplinary) for miners observed violating company safety rules or state mine safety regulations.

DMM Surface Foreman Certification Study Guide 17

  1. Ensure that independent contractors working in your area of supervision are made aware of company safety rules and certification/training requirements imposed by state mining laws and regulations.
  1. Ensure that miners inspect their assigned equipment (mobile/stationary) prior to use each shift to assure safe operating condition (4VAC 25-40-145); and that miners inspect their work area at start of shift and frequently thereafter to assure safe working conditions (4VAC 25-40-460).

Responsibilities Related to Issuance of Violations

When the mine inspector has reason to believe that a violation of the law or regulations has been committed at a mine it is his duty to issue a Notice of Violation The notice will be issued directly to you where there is reasonable cause to believe that you were responsible for the violation, or it may be issued to the operating company, independent contractor, individual employee, or some or all of the above where they are found to share responsibility for the violation. The notice will state the section of the law or regulations which has been violated, corrective action to be taken, and a compliance date by which the corrective action must be completed. (45-161.292:63.A)

A copy of the Notice of Violation will either be presented to you or the licensed operator and to any independent contractor whose employees are affected by any hazards associated with the violation. (45.1-161.292:63B) Also a second copy of the Notice of Violation along with the accompanying inspection report will be issued. This copy must be displayed at a prominent place on the mine site for the benefit of all employees to read. (45.1.161.292:62)

Where the recipient of the notice feels that the notice was not properly issued, he may address an appeal to the Department. This appeal is subject to the Administrative Process Act an affords the appellant the right to an informal conference, formal conference, and judicial review if needed to address the issues regarding the issuance of the violation. All appeals on Notices of Violations must be made within twenty days of issuance of the notices and the appeal must be made in writing to the Department (45.1-161.292:63D). When an appeal has been granted by the Department, the compliance date for correcting the violation shall not begin until all appeals have been heard (45.1-161.292:65).

Notices of Violation, which are not being contested, must be complied with within the prescribed abatement period. At the end of the compliance period the mine inspector will revisit the site to re-inspect those areas of the operation affected by the notice. If corrective actions have been successfully completed the inspector will terminate the Notice of Violation and issue an inspection report and termination notice. As previously described a copy of these documents must be displayed for miners to read (45.1-161.292:63.C).

Failure to comply a notice by the prescribed abatement date can result in the issuance of a Closure Order by the inspector. Closure Orders can be issued to remove all employees from the entire mine, portions of a mine, or forbid the use of stationary or mobile equipment affected by the order. No work can take place in areas or on equipment affected by a Closure Order with the exception of work performed to comply the order. Upon completion of corrective actions to comply the order, the area or equipment cannot be reactivated until such time as the mine inspector has inspected the work performed and has terminated the Closure Order (45.1-161.292:64.A & C).

DMM Surface Foreman Certification Study Guide 18 Closure Orders may also be issued for the following reasons: 1) a violation exists that which creates a n imminent danger to the life or health of persons on the mine; 2) to preserve the scene of a serious accident (serious personal injury or fatality); and 3) to stop operations at an unlicensed mineral mine (45.1-161.292:64.A). Unlike a Notice of Violation, a Closure Order can only be contested through a civil action taken before the circuit court of the city or county in which the mine is located; and the Closure Order remains in affect unless otherwise determined by the presiding court. The civil action must be made within 10 days of receipt of the order, or the order will stand (45.1-161.292:64.D). Any person willfully violating a Closure Order is subject to prosecution, and if found guilty, they can be charged with a Class 1 misdemeanor (45.1-161.292:67).

Consequences and Penalties

Failure to carry out your responsibilities and duties as a certified foreman can result in the revocation of certification by the BMME (45.1-161.292:26). This can result in interruption of production if the mine inspector finds it necessary to issue a Closure Order (45.1-161.292:64); or may lead to prosecution by the Commonwealth Attorney or the Attorney General for the willful violation of the law (45.1-161.292:67).

Persons who have had their certification revoked by the Board may seek reinstatement as a certified person (45.1-161.292:27). This process can be initiated no sooner than 3 months after the date of revocation. The individual must provide evidence to the satisfaction of Board that the cause for revocation has ceased to exist.

Responsibilities of Mine Operator or Operator’s Agent (45.1-161.282:8/

4VAC 25-40-40)

The mine “operator” or manager/superintendent (agent) has overall responsibility for ensuring that the mine operates in compliance with state mining laws and safety/reclamation regulations. Specific responsibilities include the following:

  1. Cooperate with the certified foreman in the discharge of their responsibilities and duties imposed by state mining laws and regulations (45.1-161.292:8.A) and ensure that adequate safety supplies are on hand at mine (45.1-161.292:7).
  1. Ensure that mine operates in compliance with Mineral Mine Safety Laws of Virginia and Safety and Health Regulations For Mineral Mining, regardless of MSHA inspection status. Mines under MSHA inspection are not exempt from compliance with state mining laws and regulations (45.1-161.292:8.B).
  1. Do not allow any person to work in an area of the mine in violation of a “Closure Order” issued by a DMM mine inspector (45.1-161.292:8.D).
  1. Ensure that all miners (employees/contractors) are BMME-certified as required (45.1-161.292:21).
  1. Ensure that blasting activities are conducted under the supervision of a BMME-certified blaster (4VAC 25-40-800.A), and that electrical work is conducted under the supervision of a BMME-certified electrical repairman or licensed electrical DMM Surface Foreman Certification Study Guide 19 contractor (4VAC 25-40-2015.B).
  1. Notify DMM at least 10 days prior to closing mine, or resuming mining activities after being inactive for at least 60 days (45.1-161.292:36).
  1. Promptly report accidents involving “serious personal injury” or death to any person on mine property to DMM (45.1-161.292:50 and 51).
  1. Report all unplanned “mine fires”, which take more than 30 minutes to extinguish upon discovery, to DMM by quickest available means (45.1-161.292:50).
  1. Report other accidents (medical treatment/lost-time) as they occur in writing to DMM on acceptable accident report forms, and keep copies of all accidents and occupational injuries for at least 5 years (45.1-161.292:52 and 4VAC 25-40-50).

10. Provide the mine inspector proper facilities for entering the mine and making examinations of records and furnish him with any data or information not of a confidential nature (45.1-161.292:60.A). No person shall deny the mine inspector access to the mine or to mine records or reports (45.1-161.292:59).

11. Promptly clear the mine or portion of the mine upon the order of the mine inspector

(45.1-161.292:60.C).

12. Post DMM safety violation reporting procedures and mine inspector telephone numbers at mine (45.1-161.292:70).

Responsibilities of Other Certified Persons

BMME certification requirements restrict certain tasks to properly trained and certified persons; the certified foreman cannot perform other tasks requiring certification such as supervising blasting or electrical work. It is important however that the foreman interact with other certified persons in the performance of their job.

Persons, other than foremen, who must be certified by the BMME (45.1-161.292:19) include the following:

Blasters who must be in direct charge of blasting activities at the “blast site”.

Coordination between the foreman and blaster is required to ensure that other persons and equipment are removed from the “blast site” prior to start of loading; and that the “blast area” (pit) is cleared prior to detonation of the shot. In addition, the certified blaster must ensure that the design, loading, detonation, and effects of blasting are in compliance with DMM Part 6 (Explosives) regulations.

Electricians who must perform or supervise all electrical work (4VAC25-40-2015) to ensure compliance with DMM Part 12 (Electricity) regulations, and the National Electrical Code where applicable.

New Miners employed by the mining company, or independent contractors working at the mine, who are engaged in work related to extraction or processing such as stripping overburden, drilling, blasting, or crushing/processing. New miners must be certified (45.1-DMM Surface Foreman Certification Study Guide 20 161.292:28) by the BMME as “General Mineral Miner”. Certification training (4VAC25-35-120) of new miners must include instruction in first aid, Mineral Mine Safety Laws of Virginia, and DMM Safety & Health Regulations..

The mine operator and independent contractor working at a mine must ensure that their employees are BMME-certified as “General Mineral Miner”; it is unlawful (45.1-161.292:21) for any mine operator, or agent of the operator, to permit any uncertified person to perform tasks requiring certification by the BMME.

It is important to remember that any person wishing to work at a mine, including contract workers, must be at least eighteen years of age (45.1-161.292:5). The law requires you, as the mine foreman to verify the age of persons where there is any doubt as to their being eighteen years old. This verification may either be a birth certificate or other documentary evidence, from the Registrar of Vital Statistics, or other authentic source.

As an agent of the mine operator, certified mine foremen must ensure that persons under their supervision are properly trained and certified for their assigned tasks (4VAC25-40-100), and that task training records are maintained at the mine office. They must also ensure that contractors who are hired to work at the mine are made aware of their obligation to comply with all applicable state mining laws and regulations, and that the contractor has been registered with DMM (45.1-161.292:32.A.3) and assigned a DMM contractor ID number for tracking information related to their work at mine sites..

DMM Surface Foreman Certification Study Guide 21

SECTION 3

OPERATIONAL SAFETY

Specific Objective #3: Recognize DMM operational safety requirements, and the certified foreman’s role in complying with State mining laws and regulations.

DMM Surface Foreman Certification Study Guide 22

OPERATIONAL SAFETY

The following laws and regulations directly impact the safety of employees while they are performing their duties in the work place. It is the responsibility of the certified foreman to ensure that both he and those working under his supervision follow these laws and regulations.

In this section, laws and regulations have been divided into seven operational areas: 1) the pit or quarry, 2) the plant or processing area, 3) use of mobile equipment, 4) maintenance and repair, 5) electrical systems, 6) personal protection, and 7) explosives, blasting activities, and drilling.

Definitions

The following definitions found in the Mineral Mine Safety Laws of Virginia and the Safety and Health Regulations for Mineral Mining have specific meanings as used in the law and are found throughout the materials in this section.

Definitions found in the Law, Section 45.1-161.292:2:

Accident: means (i) a death of an individual at a mine; (ii) a serious personal injury; (iii) an entrapment of an individual for more than thirty minutes; … (vi) an unplanned mine fire not extinguished within thirty minutes of discovery; (vii) an unplanned ignition or explosion of a blasting agent or an explosive (premature detonation); (ix) a rock out-burst (fall of ground) which disrupts regular mining activity for more than one hour; (x) an unstable condition at an impoundment or refuse pile which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area; and (xii) an event at a mine which causes death or bodily injury to an individual not at a mine at the time the event occurs.

Approved: means a device, apparatus, equipment, condition, method, course or practice approved in writing by the Director.

Hazardous condition: means conditions that are likely to cause death or serious personal injury to persons exposed to such conditions.

Imminent danger: means the existence of any condition or practice in a mine which could reasonably be expected to cause death or serious personal injury before such condition or practice can be abated.

Mine: means any underground mineral mine or surface mineral mine. Mines that are adjacent to each other and under the same management and which are administered as distinct units shall be considered as separate mines. A site shall not be a mine unless the mineral extracted or excavated there from is offered for sale or exchange, or used for any other commercial purposes.

Serious personal injury: means any injury which has a reasonable potential to cause death or any injury other than a sprain or strain which requires an admission to a hospital for twenty-four hours or more for medical treatment.

Surface mineral mine: means (i) the pit and other active and inactive areas of surface extraction of minerals; (ii) on-site mills, shops, load-out facilities, and related structures appurtenant to the excavation and processing of minerals; (iii) impoundments, retention dams, tailing ponds, and other areas appurtenant to the extraction of minerals from the site; (iv) on-site surface areas for the transportation and storage of minerals excavated at the site; (v) equipment, machinery, tools and other property used in or to be used in, the work of extracting minerals from the site; (vi) private ways and roads appurtenant to such area;

DMM Surface Foreman Certification Study Guide 23 and (vii) the areas used for surface-disturbing exploration (other than by drilling or seismic testing) or preparation of a site for surface mineral extraction activities. A site shall commence being a surface mineral mine upon the beginning of any surface-disturbing exploration activities other than exploratory drilling or seismic testing, and shall cease to be a surface mineral mine upon completion of initial reclamation activities.

The surface extraction of a mineral shall not constitute surface mineral mining unless (i) the mineral is extracted for its unique or intrinsic characteristics, or (ii) the mineral requires processing prior to its intended use.

Work area: means those areas of a mine in production or being prepared for production and those areas of the mine that may pose a danger to miners at such areas.

Definitions found in the Regulations, Section 4 VAC 25-40-10:

Acceptable: means tested and found to be appropriate for a specific purpose by a nationally recognized agency.

Occupational injury: means any injury to a miner which occurs at a mine for which medical treatment is administered, or which results in death or loss of consciousness, inability to perform all job duties on any day after an injury, temporary assignment to other duties, or transfer to another job as specified in the 30 CFR Part 50.2.

Safety hazard: means any condition, function, or circumstance that may reasonably be expected to cause or assist an accident.

Suitable: means that which fits and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

Pit or Quarry

A. Definitions

The following definitions found in the Mineral Mine Safety Laws of Virginia and the Safety and Health Regulations for Mineral Mining have specific meanings as used in the law and regulations pertaining to operational safety in the pit or quarry.

Definitions found in the Law, Section 45.1-161.292:2:

Active workings: means any place in a mine where miners are normally required to work or travel.

Inactive mine: means a mine (i) at which minerals have not been excavated or processed, or work, other than examination by a certified person or emergency work to preserve the mine, has not been performed … for a period of sixty days, (ii) for which a valid license is in effect, and (iii) at which reclamation activities have not been completed.

Working face: means any place in a mine in which work of extracting minerals from their natural deposit in the earth is performed during the mining cycle.

Definitions found in the Regulations, Section 4 VAC 25-40-10:

Abandoned workings: means deserted mine areas in which further work is not intended.

Angle of repose: means the maximum slope or angle at which material remains stable.

DMM Surface Foreman Certification Study Guide 24 Blast area: means the area of the mine in which concussion or flying material can reasonably be expected to cause injury during detonation.

Blast site: means the 50 foot perimeter around boreholes being loaded, or 30 feet if demarcated by a barricade, and the 180o free-face area for a distance of at least four times the average depth of the boreholes being loaded.

Burden: means the distance in feet between rows of boreholes or between the open face and boreholes.

Face or bank: means the part of any mine where excavating is progressing or was last done.

Free face: means the face area of a quarry bench to be blasted.

Flyrock: means any uncontrolled material generated by the effect of a blast that was hazardous to persons, or to property not owned or controlled by the operator.

Loaded: means containing explosives, blasting agents, or detonators.

Overburden: means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined.

Refuse: means mineral processing waste, tailings, silts, sediments, or slimes.

Scaling: means removal of insecure material from a face or highwall Travelways: means a passage, walk or way regularly used and designated for persons to go from one place to another.

Wet drilling: means the continuous application of water through the control hole of hollow drill steel to the bottom of the drill hole.

B. Inspection Activities

In order to ensure the safety of all persons working in the pit or quarry, the certified foreman must perform the following activities at the beginning of each shift. He should also be aware that changing conditions within the pit or quarry during the shift might require that some of these inspections be repeated when conditions dictate. All of these tasks or duties can be found in the regulations and are intended to provide for a safe work environment.

  1. Activities: Duties or tasks to be performed specifically by the certified foreman at the beginning of each shift.

Examine the active workings at the beginning of each shift. The foreman will assure that any safety defects found during this examination are either corrected, or if they can not be immediately corrected, then he shall make sure all unsafe areas are barricaded and posted, or that the defective equipment is taken out of service until such hazards can be eliminated. (4 VAC 25-40-130)

Ensure that mobile and stationary equipment operators perform necessary inspections of their equipment prior to its use. These inspections must be done at the beginning of each shift, or when equipment is placed into service during the shift. The certified foreman will address any safety or health defects reported by the equipment operators and see that these defects are corrected prior to operation of the equipment. (4 VAC 25-40-145)

The certified foreman must inspect ground conditions as outlined in 4 VAC 25-40-130 at the beginning of each shift. He must also inspect ground conditions after blasting operations have been completed to ensure that no unsafe conditions exist prior to resuming work in the area. (4 VAC 25-40-450) DMM Surface Foreman Certification Study Guide 25

Listed below are a series of questions regarding specific activities and conditions which are regulated by DMM that must be addressed by the either the certified mine foreman or responsible miners during the pre-start-up inspection or while conducting mining activities.

Any safety defects found by the foreman or by the other individuals performing pre-start-up inspections must be reported to the certified foreman. Section 4VAC25-40-1980 of the regulations requires that all safety hazards must be corrected before work may be performed in any area. Any defect must either be immediately corrected or the area or structure must be barricaded and posted until such time as the hazard can be corrected. In the case of mobile or stationary equipment, it must be removed from service, locked-out and tagged until such time as it can be repaired. Any person observed working in violation of the regulations should be immediately notified to cease such activity and instructed in the safe method of conducting their work.

Besides conducting pre-start-up inspections mine personnel should examine their working area frequently during the day for unsafe conditions. Any unsafe condition found during these inspections should be reported to the designated certified mine foreman for immediate attention. 4 VAC 25-40-460)

Are miners, who must work alone in hazardous areas provided with some form of communication to summons assistance in the event of an emergency? This would apply to areas where the person cannot be seen or heard by other workers. (4 VAC 25-40-150)

Are areas where there is an inherent safety or health hazard barricaded or posted to identify the hazard? This would pertain to areas such as inactive portions of the quarry walls, unstable ground conditions associated with sediments, or any other safety hazard which does not require immediate corrective action and is not immediately obvious to persons who may enter the area (4 VAC 25-40-260).

Has the operator provided gates or fences to restrict access at all roads leading into the pit or quarry and have they been posted with warning signs? This would pertain to access roads, which are left unattended. (4 VAC 25-40-290)

Is pit or quarry development in accordance with the mining plan? Does the plan sufficiently detail how ground, wall, bench and bank stability will be maintained? Is the plan being followed? (4 VAC 25-40-390)

Has the rim of the pit or quarry been stripped of overburden and trees for a distance of at least 10 feet from the edge of the highwall and has the exposed face of overburden been sloped to the angle of repose prior to extraction of mineral? (4 VAC 25-40-400)

Are benches constructed and maintained at a sufficient width to allow for the safe passage and operation of the largest piece of equipment being used on them? Have safety berms been constructed and maintained along the edge of the benches and ramps to restrain this equipment? (4 VAC 25-40-410 & 1410)

Has loose material on walls, benches, or banks, which could be considered hazardous to personnel working in the pit, been removed before other work is performed in the area? Have hazardous areas been barricaded and posted with warning signs? Are these signs maintained until the hazard has been corrected? (4 VAC 25-40-420 & 4 VAC 25-40-430) DMM Surface Foreman Certification Study Guide 26 Where rock bolts are utilized for ground stabilization, are they installed in accordance with a plan submitted and approved by the Division? (4VAC25-40-440)

Do mobile equipment operators position their equipment a safe distance from walls, benches, or banks to avoid hazards from falling or sliding material? (4 VAC 25-40-470)

Are the haulroads sufficiently wetted down to control dust and do drills have functioning dust control devices? Are the drillers properly using these devices during drilling operations?

(4 VAC 25-40-740)

Is water (ice or snow), debris or spilled material that could pose a safety hazard found on roadways, ramps and other areas where mobile equipment will be operating? If so, have actions been taken to remove the hazard? (4 VAC 25-40-1530)

Plant or Processing Area

A. Definitions

The following definitions found in the Mineral Mine Safety Laws of Virginia and the Safety and Health Regulations for Mineral Mining, have specific meanings as used in the law and regulations pertaining to operational safety in the plant or processing area.

Definitions found in Law, Section 45.1-161.292:2:

Travelway: means a passage, walk or way regularly used and designated for persons to go from one place to another.

Definitions found in Regulation, Section 4 VAC 25-40-10:

Flash point: means the minimum temperature at which sufficient vapor is released to form a flammable vapor-air mixture.

Potable: means fit for human consumption and, where required by the Code of Virginia, approved by the Virginia Department of Health.

Substantial construction: means construction of such strength, material, and workmanship that the object will withstand all reasonable shock, wear, and usage to which it will be subjected.

B. Inspection Activities

In order to ensure the safety of all persons working in and around the plant or processing area of the mine, the certified foreman must perform the following checks and examinations at the beginning of each shift or before equipment is put into service during the shift. The foreman should always be aware of changing conditions in the work environment that may require him to repeat his examination of certain work areas or equipment. All of these tasks or duties can be found in the regulations and are intended to provide both the worker and others entering the area with a safe work environment.

  1. Activities: Duties or tasks to be performed specifically by the certified foreman at the beginning of each shift.

DMM Surface Foreman Certification Study Guide 27 The certified foreman must examine the work environment (active workings) at the beginning of each shift to ensure safe working conditions. This includes any areas where employees may be exposed to mining hazards during their workday. Safety hazards that cannot be immediately corrected must be posted with warning signs and the area barricaded to restrict access until the hazard can be eliminated. (4 VAC 25-40-130)

It is the certified foreman’s responsibility to make sure that mobile and stationary equipment operators conduct safety inspections on their equipment prior to it being put into service. The foreman must also ensure that the equipment operators report any defects that affect the safe operation of their equipment, and that such defects are corrected before the equipment is placed into service. (4 VAC 25-40-145) Section 4VAC25-40-1980 of the regulations requires that all safety hazards be corrected before work is performed in any area.

  1. Listed below are a series of questions regarding specific items and conditions which are regulated by DMM that should be addressed either by the certified mine foreman or the responsible miner in their pre-shift examination or pre-start-up inspections. As stated previously, the foreman must be notified of any safety defects found on equipment or hazards identified in the work place. These defects or hazards must either be corrected prior to beginning work or the equipment must be taken out of service until such time as it can be repaired. Existing hazards must be corrected or the hazardous areas barricaded and posted until such time as the hazard can be eliminated. Unsafe actions of miners, observed by the foreman or noted by fellow workers, must be immediately addressed and corrected.

Are miners who must work alone in hazardous areas provided with some form of communication to summon assistance in the event of an emergency? This would involve those areas of the plant where the worker cannot be seen or heard by other workers.

(4 VAC 25-40-150)

Do all active work areas, equipment, and travelways have lighting at an intensity adequate to perform work in a safe manner? (4 VAC 25-40-200)

Is the plant area kept clean and orderly; and are employees provided with safe drinking water and sanitary toilet facilities? (4 VAC 25-40-210, 220, 230)

Are areas where there are inherent safety or health hazards, such as bins, hoppers, and silos (confined spaces), barricaded or posted to identify the hazard? This would also include areas having other safety hazards, which do not require immediate corrective action, but are not immediately obvious to personnel (4 VAC 25-40-260)

Are workers clear of machinery or equipment prior to its start up? Does machinery or equipment, which is not visible from the starting switch, have an audible start up warning device?

(4 VAC 25-40-310)

Is an adequate procedure in place to prevent the unanticipated movement of machinery during maintenance or repair? Have employees, working with kinetic or hydraulic energy sources been instructed in lockout, tag-out and tag signing procedures? (4 VAC 25-40-350)

Are both stationary and mobile equipment being maintained in accordance with manufacturer’s specifications? (4 VAC 25-40-360) DMM Surface Foreman Certification Study Guide 28 Are stockpiles trimmed to the angle of repose to prevent hazards to personnel working on and around them? (4 VAC 25-40-480)

Have acceptable fire warning and emergency evacuation procedures been established for the processing plant? Are fire-fighting procedures in place and are employees who are assigned fire-fighting duties being properly trained and drills conducted at least every six months? (4 VAC 25-40-500, 4 VAC 25 40- 640 & 630)

Are combustible materials such as dry grass, trash, etc. being kept at least 25 feet away from flammable and combustible liquid storage tanks? Are warning signs posted around the tanks? Are flammable and combustible materials stored in acceptable containers, such as spring loaded safety cans approved by National Fire Protection Association (NFPA)? Are storage buildings housing flammable and combustible materials well ventilated, kept clean and orderly, and are they posted with warning signs? Have storage buildings and storage areas been constructed and maintained to confine or contain an accidental spill? Do fuel lines have shut-off valves at their source and are they readily accessible and maintained in operating condition? (4 VAC 25-40-510 & 4 VAC 25-40-520, 540 & 550)

Are fire hazards, such as accumulated waste materials, being disposed of in the proper manner? (4VAC25-40-570)

Are employees instructed not to use or store solvents in areas near open flames, heat sources, or other ignition sources such as grinding wheels, welding equipment or electric switches? Have employees been instructed not to use flammable liquids such as gasoline, or acetone as cleaning agents? (4 VAC 25-40-560 & 580)

Are battery charging areas well-ventilated and posted with warning signs prohibiting smoking or open flames within 25 feet? Have precautions been taken in welding or cutting areas to prevent sparking or other sources of ignition that could result in fires? Some measures that may be used to prevent fires include wetting down, or covering the area with non-combustible materials such as sand, stone, or earthen materials. (4 VAC 25-40-590 & 620)

Have devices used for warning and extinguishing fires been made available and are they strategically located in the plant? Are they suitable for the type and size of fire hazard that may be encountered, and are they maintained and inspected monthly? (4 VAC 25-40-610)

Are areas where miners work or congregate, such as surge tunnels, being inspected to ensure that two exits or escapeways are provided at each location? (4 VAC 25-40-680)

Are sources of dust from processing equipment being controlled by wet suppression or dry collection measures? (4 VAC 25-40-740)

Has safe access, such as railed walkways, stairways, etc., been provided to miners for all regularly used work locations? (4 VAC 25-40-1810)

Are elevated walkways, ramps, and stairways of substantial construction, and provided with handrails and toe boards where necessary? Are they properly maintained and are ladders located on the site also of substantial construction and maintained in good condition? (4 VAC 25-40-1820 & 4 VAC 25-1830) DMM Surface Foreman Certification Study Guide 29 Are all ladders, stairways, walkways and ramps free of spilled materials; are slippery walkways provided with non-slip surfaces and handrails and are railed walkways provided where persons must regularly walk alongside elevated conveyors. Also, are inclined-railed walkways nonskid or are they provided with cleats, and are all walkways and travelways kept free of snow and ice during inclement weather? (4 VAC 25-40-1880 & 1890, 1950 & 1960)

Are fixed ladders anchored securely and installed and maintained to provide three inches or more of toe clearance and do they project at least three feet above landings; if not, do they have substantial handholds above the landings; and are they offset and have substantial railed landings at least every 30 feet unless back guarded? (4VAC25-40-1850, 1860 & 1990)

Are fixed ladders constructed so as not to incline backwards, or if they do, have backguards been installed and are all fixed steep ladders (70o to 90o from the horizontal) 30 feet or more in length, provided with backguards, cages, or equivalent protection? Is this protection provided from a point not more than seven feet above the bottom of the ladder? (4VAC25-40-1970 & 2000)

Is seven feet of clearance maintained above travelways, or has adequate warning been provided to make persons aware of the impaired clearance? (4VAC25-40-1900)

Where openings are located above, below or near a travelway, through which a person or material may fall, do railings, barriers, or covers protect them, or if not practical, are sufficient warning signals present to warn of the danger? (4VAC25-40-1920)

When using scaffolds and work platforms, are they of substantial construction: are they provided with handrails; are floorboards laid properly and when necessary are toe boards present; do workers observe weight limitations; and are the structures properly maintained?

(4 VAC 25-40-2010)

Are materials stored and stacked in a manner that prevents trips or falls by personnel and hazards associated with falling material? This would include the storage of supplies, warehoused parts and other items used in the mining process, as well as the storage of mine products. (4 VAC 25-40-2540)

Are workers who must enter bins, hoppers, silos, tanks, surge, or storage piles provided with a safety harness and an attended lifeline? Have these workers been properly instructed in the hazards of working in a confined space? Have they been instructed not to enter these areas until the supply and discharge of materials has ceased and the equipment has been locked-out. Have they been instructed to keep-out of areas where there is a potential for entrapment by caving or sliding material? (4 VAC 25-40-2550)

Are hazardous materials being stored in a manner to minimize the danger of accidental liberation of the material; and are these materials being stored in suitable, labeled containers?

Material Safety Data Sheet references should be used as a guide for the proper storage, handling and use of hazardous materials. (4 VAC 25-40-2560 & 2570)

Have provisions been made to store reactive materials in such a way as to prevent accidental contact of these materials with each other? (4 VAC 25-40-2630) DMM Surface Foreman Certification Study Guide 30 Are suitable hitches and slings available for hoisting; are tag lines being used where guidance of loads is required; and are persons properly instructed to stay clear of suspended loads? (4 VAC 25-40-2580, 2590, & 2600)

Are guards designed and installed over accessible moving parts on machinery and equipment (other than conveyor drives and pulleys), within a seven-foot reach, to prevent accidental contact of persons with the moving parts? (4 VAC 25-40-2680)

Are conveyor head, tail, take-up and drive pulleys, within seven-foot reach, guarded to prevent any access to the moving parts? (4 VAC 25-40-2700.A)

Are guards designed and installed over conveyor impact idlers located under skirt boards to prevent accidental contact; and are open conveyor idlers provided with guards, handrails, or stop cords to prevent persons from accidentally coming into contact with a moving belt? If stop cords are used along conveyor walkways, do they extend along the full length of the conveyor? (4 VAC 25-40-2700.B & 2720)

In areas where slippage on unattended conveyor belts might result in fire, are the conveyors equipped with automatic slippage detection and stoppage devices? (4VAC25-40-650)

Are overhead belts guarded to prevent a hazard to persons below them from whipping action due to a broken belt? (4 VAC 25-40-2690)

Are guards provided at openings where conveyors pass through walls or floors? (4 VAC 25-40-2710)

Are equipment guards kept in place except when necessary to test equipment; and are guards of sufficient strength and properly maintained for their specific purpose? 4 VAC 25-40-2740) Have guards been installed on all moving parts of equipment within 7 foot reach of walkways, travelways, and working areas. (4 VAC 25-40-2750)

Have guards or shields been provided where flying or falling materials present a hazard to persons working in the area? (4 VAC 25-40-2760)

Mobile Equipment

A. Definitions

The following definitions found in the Safety and Health Regulations for Mineral Mining have specific meanings as used in the regulations pertaining to operational safety involving mobile equipment.

Definitions found in the Regulations, Section 4 VAC 25-40-10:

Heavy-duty mobile equipment: means any equipment used for loading, hauling, or grading and not normally intended for highway use.

DMM Surface Foreman Certification Study Guide 31 Rollover protection: means a framework, safety canopy or similar protection for the operator when equipment overturns and which is acceptable for use on that particular type of equipment.

B. Inspection Activities

In order to ensure the safety of all persons operating mobile equipment, the certified foreman must ensure that the equipment operators perform their pre-operational inspections. He should also make sure that any safety defects found during the operator’s inspection are corrected before the mobile equipment is placed into service. In cases where the defect could be considered a substantial safety hazard and it cannot be corrected immediately, the foreman should ensure that the equipment is tagged-out and locked-out if possible, and that it not be used until necessary repairs are made.

Activities: Duties or tasks to be performed at the beginning of each shift.

Have the mobile equipment operators inspected their equipment prior to use and reported any safety defects to the foreman and have all safety defects been corrected before the mobile equipment is placed into service? (4 VAC 25-40-145)

Are the operators of non-diesel powered equipment shutting-off their engines prior to refueling? (4VAC25-40-600)

Are fire extinguishers located on mobile equipment and other self-propelled equipment where there is a possibility of a fire impeding the escape of the operator from the equipment?

(4VAC25-40-670.A)

Are the operators properly checking their service brakes to determine if they are capable of stopping and holding when the unit is loaded and on the maximum grade that it travels?

(4 VAC 25-40-1320)

Does all of the mobile equipment have suitable emergency brakes? Are the brakes separate and independent of the service brakes? (4 VAC 25-40-1330)

Have all the mobile equipment operators and other persons working around this equipment been made familiar with the signal system used for start up of the equipment, and is the system being used to keep persons in the clear during start-up procedures?

(4 VAC 25-40-1340)

Are mobile equipment cabs: 1) maintained to provide adequate visibility, 2) provided with windows constructed of safety glass and maintained in good condition, 3) equipped with acceptable rollover protection and seat belts, and 4) free of extraneous material in the cab? Note: rollover protection and seat belts must be provided on heavy duty mobile equipment manufactured after June 30, 1969 (4 VAC 25-40-1350, 1360, 1370 & 1380)

Are speed limits posted on the mine site and are they being enforced? Are these limits consistent with roadway conditions and with the types of equipment being used? Are other traffic rules, such as stop and yield signs, posted and obeyed? (4 VAC 25-40-1390 & 1540) Are dust control measures, such as water trucks, used to control dust and maintain safe visibility; and are DMM Surface Foreman Certification Study Guide 32 berms, capable of stopping and holding the largest vehicle, constructed and maintained on all elevated roadways? (4 VAC 25-40-1400, & 1410)

Have mobile equipment operators been instructed to operate their equipment under power at all times and to maintain full control of their equipment while in motion; and are they aware of the proper towing procedures including the uses of tow bars and safety chains when moving heavy equipment not under its own power? (4VAC25-40-1420 & 1430 & 1670)

Is mobile equipment operated in such a way to prevent exposure of cabs to falling material hazards, (ex. buckets, loading booms or suspended loads), or has it been established that the cabs of this equipment are designed and constructed to protect the driver from the falling materials? (4 VAC 25-40-1440)

Are workers restricted from being transported outside of the cabs of mobile equipment or in their beds? If workers must be transported in the beds of mobile equipment, do the beds have special provisions for their safety such as seats and seatbelts? (4 VAC 25-40-1460)

While traveling between work areas, is equipment, such as beds of trucks, buckets, booms, and masts, secured in a travel position? (4VAC25-40-1470)

Do loader, excavator, and motor-grader operators secure their equipment in a lowered position when not in use? (4VAC25-40-1480)

When left unattended, is mobile equipment properly secured with the brakes set? When parked on a grade, are the wheels turned into the bank, blocked, or if applicable, is the bucket or blade lowered to the ground to prevent motion? (4VAC25-40-1510)

Is all heavy-duty mobile equipment provided with horns, and do those pieces of mobile equipment with an obstructed view to the rear have automatic backup alarms? (4 VAC 25-40-1570 & 1580)

Is heavy duty mobile equipment properly equipped for extreme weather conditions in your locality? Does it require a heater and/or air conditioner to meet state regulations? Is this equipment being properly maintained and functioning normally? (4VAC25-40-1550)

Do your employees notify mobile equipment operators of their intention to get on or off of their heavy duty mobile equipment, and do all employees know that they should not get on or off of a piece equipment while it is moving? (4VAC25-40-1450 &1560)

Do employees know to avoid working or passing under the bucket or boom of a loader while it is in operation? (4VAC25-40-1600)

Have employees designated as truck spotters been instructed to remain in the clear while trucks are backing into dumping position and dumping, and are they provided with lights during nighttime operations? (4VAC25-40-1640)

Is adequate protection provided at dumping locations where persons may be exposed to falling material? (4VAC25-40-1800) DMM Surface Foreman Certification Study Guide 33 Are berms or bumper blocks of sufficient size provided and maintained at dumping locations to prevent over-travel and overturning of equipment? (4 VAC 25-40-1620)

Where clearance for mobile equipment is restricted within an area, is the area provided with warning devices and is the area conspicuously marked? (4 VAC 25-40-1650)

Do persons deflate tires on mobile equipment before they begin repairs on them and do they use cages or restraints on wheel locking rims to prevent unsafe conditions during tire inflation? (4 VAC 25-40-1660)

Are workers restricted from working from the bucket of front-end loaders or other equipment in a raised position? Is equipment specifically designed for lifting workers, such as man-lifts or bucket trucks, available when needed to work from an elevated position? (4 VAC 25-40-1680)

Have workers been trained in the proper procedures to follow to ensure that mobile equipment is tagged-out, and blocked against motion prior to workers beginning repairs or maintenance? The only exception to these procedures is when the equipment must be under power and unblocked to make adjustments. (4 VAC 25-40-1685)

Is a minimum of 10 feet of clearance being provided between equipment and energized power lines? Are lines which can not meet this criteria being de-energized or are warning signs posted when or where equipment must pass under these lines? (4 VAC 25-40-2500)

Have forklift drivers been instructed to move equipment with the forks in the lowered position and do they descend grades with the load facing up hill. (4 VAC 25-40-2670)

Maintenance and Repair

Maintenance and repair is a continuous activity on any mine site. It generally involves more than those persons specifically assigned to these duties, such as mechanics, welders, or electricians. Every employee from the superintendent on down to the mine laborer will most likely perform some maintenance or repair function each day. It is the responsibility of the certified foreman to ensure that everyone performing this work is aware of the inherent dangers and ensure that all applicable safety regulations are followed.

Has machinery been equipped with extended fittings for lubrication, or is the machinery de-energized and blocked from motion prior to lubrication where a hazard exists. (4VAC25-40-340 & 350) Have welders and other personnel who cut, heat or weld on pipes or containers used for flammable or combustible materials been properly instructed in the safe method to perform this work? Are the vessels drained, cleaned and filled with inert material prior to performing any of this work. (4VAC25-40-660) Have provisions been made to store oxygen cylinders away from oil and grease, and are both oxygen and acetylene tanks stored with their valves closed? Are all compressed gases safely secured in an upright position? (4 VAC 25-40-1220, 1240 & 1250) DMM Surface Foreman Certification Study Guide 34 Are gauges and regulators used with oxygen and acetylene kept free of oil and grease, and have provisions been made to protect the valves and gauges on all compressed gas cylinders from falling material? Are gauges provided with reverse flow check valves? (4 VAC 25-40-1230, 1260 & 1270) Are welding operations located in shielded areas with ventilation adequate enough to remove hazardous gases? (4VAC25-40-1290) Are the grinding wheels operated within the manufacturer’s specifications, and are they provided with peripheral hoods, properly set adjustable tool rests, and safety washers. (4VAC25-40-370 & 380) Are employees wearing face shields or goggles while operating grinding wheels?

(4VAC25-40-1790)

Are pressure vessels, such as air compressor tanks, being maintained in accordance with Department of Labor and Industry regulations and the manufacturer’s recommendations?

(4 VAC 25-40-1100)

Are the automatic temperature activated shutoff mechanisms on air compressors set for 400oF or are they fitted with fusible plugs installed in the discharge lines? If fusible plugs are used, are they rated to melt at 50o less than the flash points of the lubricating oils? (4VAC25-40-1110)

Are your compressor and compressed air receivers fitted with automatic pressure release valves, pressure gauges, and drain valves; and were the compressor air intakes installed to ensure that only clean, uncontaminated air enters the compressor? (4VAC25-40-1120 & 1130)

Are trained employees inspecting pressure vessels on a daily basis and performing necessary maintenance, such as draining moisture, oil or carbon buildup, in accordance with manufacture recommendations? Are the vessels being lubricated as prescribed by the manufacturer; and are safety devices being inspected at the required frequency? (4 VAC 25-40-1140, 1160 & 1180)

Are the compressors as well as the compressor discharge pipes being properly maintained? Are the discharge pipes periodically cleaned and the compressors operated and lubricated according to the manufacturer’s recommendations? (4VAC25-40-1150 & 1170)

When maintenance or repairs on the pressurized portions of the compressed air system is necessary, is the pressure released prior to beginning work? (4VAC25-40-1190)

Are all connections on high-pressure hose lines, 3/4 inches inside diameter or greater, provided with suitable safety devices or safety chains where they attach to the compressor, machine or other hoses? (4VAC25-40-1210)

Are portable straight ladders provided with non-slip bases and are they properly positioned against a solid backing, and do they have secure footing? (4VAC25-40-1840) Are wooden parts of ladders kept unpainted to allow for proper inspection for rot and decay? (4VAC25-40-1870) DMM Surface Foreman Certification Study Guide 35 Electrical Systems

A. Definitions

The following definitions found in the Mineral Mine Safety Laws of Virginia and the Safety and Health Regulations for Mineral Mining have specific meanings as used in the law and regulations pertaining to operational safety when dealing with electrical circuits and equipment.

Definitions found in the Law, Section 45.1-161.292:2:

Armored cable: means a cable provided with a wrapping of metal, plastic or other approved material.

Cable: means a stranded conductor (single-conductor cable) or a combination of conductors insulated from one another (multiple-conductor cable).

Circuit: means a conducting part or a system of conducting parts through which an electric current is intended to flow.

Circuit breaker: means a device for interrupting a circuit between separable contacts under normal or abnormal conditions.

Fuse: means an over current protective device with a circuit-opening fusible member directly heated and destroyed by the passage of over current through it.

Ground: means a conducting connection between an electric circuit or equipment and earth or to some conducting body which serves in place of earth.

Grounded: means connected to earth or to some connecting body, which serves in place of the earth.

Substation: means an electrical installation containing generating or power-conversion equipment and associated electric equipment and parts, such as switchboards, switches, wiring, fuses, circuit breakers, compensators and transformers.

Definitions found in the Regulations, Section 4 VAC 25-40-10:

Distribution box: means an apparatus with an enclosure through which an electric circuit is carried to one or more cables from a single incoming feed line, each cable circuit being connected through individual over current protective device.

Major electrical installation: means an assemblage of stationary electrical equipment for the generation, transmission, distribution, or conversion of electrical power.

Switch: means a device used to complete or disconnect an electrical circuit.

B. Inspection Activities

Certified foreman working in processing, bagging or other areas of the mine where electrical systems are located should be aware of the following laws and regulations which specifically pertain to installation, maintenance and use of electrical circuits and equipment. The foreman should be aware of the duties and authority assigned to the certified or licensed electrician in matters related to electrical installations and equipment.

DMM Surface Foreman Certification Study Guide 36 The certified foreman must remember that all work on electrical systems must be performed in accordance with the National Electrical Code and that the work must be done under the supervision of either a certified electrical repairman or other appropriately licensed electrical repairman. (4VAC25-40-2015) Are wooden parts of ladders kept unpainted to allow for proper inspection? (4VAC25-40-1870)

The certified foreman should be familiar with the following electrical requirements. It is his responsibility to ensure either through his own personal examination, through pre-start-up inspections made by assigned employees, or through his observations of workers during the workday that these regulations are being complied with.

Are employees familiar with the DMM regulations pertaining to de-energizing of electrical equipment and power circuits? Have they been provided with lock-out/tag-out devices, and are these procedures and devices being properly utilized? (4 VAC 25-40-2140 & 2150)

Are principle power switches labeled for identification and are dry wooden platforms, insulated mats or other electrically non-conductive materials located at switchboards and power control switches where shock hazards exist? (4 VAC 25-40-2160 & 2180)

Is at least three feet of clearance provided around all parts of stationary electric equipment or switchgear where access or travel is necessary? (4VAC25-40-2170)

Have major electrical installations been properly posted and are only authorized persons allowed to enter these areas? (4 VAC 25-40-2190 & 2200)

Are electrical connections and resistor grids, which are difficult to insulate, either guarded or protected by location? (4VAC25-40-2210)

Are inspection and cover plates on electrical equipment and junction boxes kept in place at all times, except during testing or repair? (4VAC25-40-2290)

Are portable extension lights or other lighting, which may cause a shock or burn hazard, properly guarded? Are lamp sockets waterproof, where they are exposed to weather? (4VAC25-40-2310 & 2320)

Have employees been instructed to remove themselves from areas in the vicinity of electrically powered shovels or other such equipment during electrical storms? (4VAC25-40-2420)

Are transformers either totally enclosed, placed at least eight feet above the ground, installed in a transformer house, or are they surrounded by a substantial fence at least six feet high and at least three feet from any energized parts, casings, or wiring; and are these enclosures kept locked against unauthorized entry? (4VAC25-40-2460 & 2470)

C. Duties Requiring Certified Electrician

Compliance with the following regulations is normally within the certified electrical repairman’s area of responsibilities. It is up to the operator, the certified foreman, the certified electrical repairman and those persons under the certified electricians supervision to see that the electrical systems meet these regulations.

DMM Surface Foreman Certification Study Guide 37 Have provisions been made to ensure that only competent persons inspect electrical circuits and equipment and are these tasks being done as often as necessary to ensure safe operation? (4 VAC 25-40-2270)

Ensure that circuits are protected against excessive overloads or short-circuiting by the installation of fuses or circuit breakers of the correct type and capacity and power wires and cables are of adequate current carrying capacity and are protected from mechanical injury. The foreman should assist in making sure that actions of other workers do not compromise the mechanical integrity of electrical cables and wires. (4VAC25-40-2020 & 2050)

Provide electrical circuits with distribution boxes and disconnect switches; ensure that electrical equipment and circuits are provided with adequately designed switches of the proper capacity; and they are properly constructed and installed. (4VAC25-40-2030, 2070 & 2380)

Ensure that splices in power cables are: 1) mechanically strong with adequate electrical conductivity; 2) effectively insulted and sealed to exclude moisture, and 3) provided with mechanical protection and electrical conductivity as near as possible to that of the original cable.

(4 VAC 25-40-2120)

Ensure that operating controls are installed so that they can be operated without danger of contact with energized conductors. (4VAC25-40-2370)

Ensure that fuses are not removed or replaced by hand in an energized circuit; and that special tools and techniques are employed to remove fuses from energized circuits. Provide fuse tongs or hot line tools for the removal and replacement of fuses in electrical circuits. (4 VAC 25-40-2330 & 2340)

Ensure that all metal enclosed, electrically operated circuits or equipment are grounded back to the on-site source from which the electric circuit originated and the source is effectively connected to the earth or provided with equivalent protection. Metal fencing and metal buildings enclosing transformers and switchgear must also be grounded, as well as frame grounding or equivalent protection for mobile equipment powered through trailing cables. (4VAC25-40-2220, 2230)

A certified electrical repairman or licensed electrician must conduct an annual test of the all grounding systems for continuity and resistance. These tests must also be performed immediately after new installations, repairs, and modifications to the electrical grounding system.

A record of the resistance measurements for each equipment ground conductor, grounding electrode conductor, and earth around the grounding electrode must be made and the most recent test result kept for review by the mine inspector. (4VAC25-40-2250)

Ensure that overhead power lines are installed and maintained as specified by the National Electrical Code and prevent the installation of telephone or signal wires on the same cross-arm with power conductors. He shall also ensure that where both are supported on the same poles, their installation meets the specifications of the National Electrical Code. (4VAC25-40-2400 & 2410) DMM Surface Foreman Certification Study Guide 38 Personal Protection

Use of personal protection equipment is everyone’s responsibility. It is important for the certified foreman to ensure that federal, state, and company rules and regulations on the appropriate use of personal protection equipment are followed at all times. It should be the responsibility of the certified foreman not only to make sure that such equipment is available and used, but that it is also used properly. This should include the training of employees in the proper use of specialized equipment, such as harnesses, or training of employees to perform specific tasks in a safer way.

Have plans been developed at your mine site for emergency medical assistance and transportation in case of injury to an employee? (4VAC25-40-160) Are emergency telephone numbers, such as fire, rescue, state and federal mine officials posted at appropriate telephones at the mine? (4VAC25-40-170) Does the mine have an approved communication system capable of obtaining assistance in the event of an emergency, and is it properly maintained? (4VAC25-40-180)

Have employees with firefighting responsibilities been properly trained, and do they complete practice drills at least every six months? (4VAC25-40-630)

Are fires extinguishers within 100 feet of equipment where the effects of fire might impede the escape of other workers in the area? (4VAC25-40-670.B)

Have all employees been properly task trained prior to beginning their work assignments? (4 VAC 25-40-100)

Are inexperienced employees, those with less than six months of mining experience, assigned to work with an experienced miner? (4 VAC 25-40-110)

Are all workers on the mine site working in compliance with applicable state safety and health regulations? (4 VAC 25-40-190)

Are you aware of alcohol or illegal drugs being used on the mine site? If so, have actions been taken to stop this practice? Are prescription or “over the counter” drugs, which may impair the users ability to work safely, being used at the mine? What actions have been taken to assure the safety of persons using these drugs and persons working around them? (4 VAC 25-40-250)

Is horseplay banned from the mine site? (4 VAC 25-40-280)

Do employees use machinery and equipment for its intended purpose? Are employees provided with the proper equipment to do their job? (4 VAC 25-40-330)

Is smoking or using open flames restricted within 25 feet of areas containing flammable or combustible liquids? (4 VAC 25-40-490)

Is hearing protection equipment provided to equipment operators and other employees who are exposed to excessive noise levels, and are they using it? (4 VAC 25-40-770) DMM Surface Foreman Certification Study Guide 39 Have workers been instructed not to direct compressed air at others unless a diffuser has been installed on the device and the air pressure restricted to no more than 30 psi? (4 VAC 25-40-1200)

Have provisions been made to have adequate first aid materials at all work areas?

(4 VAC 25-40-1690)

Are life jackets available and used where there is a possibility of persons falling into water? (4 VAC 25-40-1700)

Do all persons on the mine site have and wear appropriate personal protection equipment including: 1) hard hats where there is a danger of falling objects, 2) steel toed shoes where foot hazard exists, and 3) safety glasses or goggles where there is a possibility of injury to unprotected eyes? (4 VAC 25-40-1710, 1720, & 1730)

Are safety harnesses and lifelines available and used where there is a danger of falling?

(4 VAC 25-40-1740)

Is protective clothing and appropriate personal protection equipment provided and used by persons using welding or cutting equipment and for persons working with molten metal?

(4 VAC 25-40-1750)

Is the wearing of loose fitting clothing or gloves prohibited where there is a possibility of them becoming caught in moving parts of machinery or equipment? (4 VAC 25-40-1760)

Do employees use protective gloves when handling materials that may cause injury?

(4 VAC 25-40-1770)

Is the wearing of finger rings by employees prohibited when they must operate or work on equipment or tools? (4 VAC 25-40-1780)

Do all employees working during periods of darkness have reflective materials, such as tape, attached to their clothing, or hard hats? (4 VAC 25-40-1785)

Have employees been instructed in the proper way to climb and descend a ladder? Do they keep their hands free for climbing or descending ladders? (4 VAC 25-40-1910)

Are handheld electric tools limited to a maximum voltage of 130 volts? (4 VAC 25-40-2300)

Have employees who work or travel near bare electrical power conductors been instructed to carry tools and supplies in their hands rather than on their shoulders? (4 VAC 25-40-2430)

Is water or some other neutralizing agent available where corrosive chemicals or other harmful substances are stored, handled or used? (4 VAC 25-40-2520)

Are appropriate protective clothing, respiratory protection, gloves, and goggles available and used by persons working with chemical substances that are corrosive, flammable, reactive, or toxic? (4 VAC 25-40-2530) DMM Surface Foreman Certification Study Guide 40 Have workers been instructed not to allow materials to be dropped from excessive height unless a drop zone has been established and has been guarded or sufficient warning has been given? (4 VAC 25-40-2610)

Explosives, Blasting Activities, and Drilling (Note: This section is not required for Surface Foreman Open Pit (SFOP) certification)

A. Definitions

The following definitions found in the Safety and Health Regulations for Mineral Mining have specific meanings as used in the law and regulations pertaining to operational safety when referring to explosives and blasting activities.

Burden: means the distance in feet between rows of boreholes or between the open face and boreholes.

Powder chest: means a substantial, nonconductive portable container equipped with a lid and used at blasting sites for explosives other than blasting agents.

Primer: means a cartridge or package of explosives, which contains a detonator or detonating cord.

Safety fuse: means a train of powder enclosed in cotton, jute yarn, and water-proofing compounds, which burns at a uniform rate, used for firing a cap containing the detonating compound which in turn sets off the explosive.

Scale distance: means the actual distance in feet divided by the square root of the maximum explosive weight in pounds that is detonated per delay period for delay intervals of eight milliseconds or greater; or the total weight of explosive in pounds that is detonated within an interval less than eight milliseconds.

Stemming: means that inert material placed in a borehole after the explosive charge for the purpose of confining the explosion gases in the borehole or that inert material used to separate the explosive charges in decked holes.

B. Inspection Activities

Certified foreman working in the quarry should be aware of the following laws and regulations, which pertain to the storage, transportation, and use of explosives in blasting activities. He should also be aware of the duties and authority provided to the certified blaster under the law and regulations, and to those areas where he and the certified blasters responsibilities over-lap.

The certified mine foreman designated by the mine operator shall examine active workings for unsafe conditions at least at the beginning of the shift and after blasting.

(4 VAC 25-40-450)

  1. Magazines and Storage of Explosive Materials: (4 VAC 25-40-780)

Magazine construction: ?? constructed of substantially noncombustible materials or covered with fire-resistant materials; ?? reasonably bullet resistant; ?? electrically bonded and grounded if constructed of metal; ?? made of non-sparking material on the inside;

DMM Surface Foreman Certification Study Guide 41 ?? provided with adequate screened ventilation openings near the floor and ceiling; and ?? unheated.

Magazine location: ?? located in accordance with the American Table of Distances; ?? located away from power lines, fuel storage areas and other possible sources of fire; and ?? located at least 300 feet away from underground mine openings, occupied buildings, public roads, or private roads not connected with the mine.

Magazine maintenance: ?? kept locked; ?? posted with suitable danger signs located such that a bullet passing through the sign will not strike the magazine; ?? used exclusively for storage of explosives, detonators, or blasting related materials; ?? kept clean and dry in the interior and in good repair; and ?? smoking and open flames kept at least 50 feet from the magazine.

Explosive storage: ?? detonators shall not be stored in the same magazine with explosives; ?? accurate inventory logs shall be maintained on site; ?? contents of magazines shall be removed to a safe location and guarded prior to making repairs on the magazine; ?? explosives shall be:

  • arranged oldest to newest;
  • separated by brand and type;
  • stored top sides up; and
  • stacked not more than 8 feet high;
  • ammonium nitrate fuel oil blasting agents shall be physically separated from other explosives;
  • damaged or deteriorated explosives and blasting agents shall be destroyed in a safe manner by a certified blaster.
  1. Transportation: (4 VAC 25-40-790)

Transportation Vehicle: ?? must be in sound mechanical condition; ?? posted with warning signs; ?? carry suitable fire extinguishers; and ?? have a non-sparking cargo area equipped with sides and tailgate;

Operation of Transportation Vehicle: ?? no extraneous materials may be allowed in the cargo area; ?? operated by the minimum number of persons required to safely transport the explosives; ?? the vehicle shall not be left unattended or taken into a shop or building while loaded with explosives;

DMM Surface Foreman Certification Study Guide 42 ?? no smoking shall be allowed while transporting explosives; and ?? explosives shall be transported in non-conductive, closed containers not to be stacked higher than the vehicle sides or tailgate.

  1. Blasting Operations: (4 VAC 25-40-800)

Use of Explosives: ?? a certified blaster shall be in direct charge of blasting activities; ?? persons who assist the certified blaster shall be under his direct supervision; ?? boreholes shall not be drilled where there is the possibility of them intersecting a loaded or misfired hole (4 VAC 25-40-980); ?? no one shall smoke within 50 feet of explosives or detonators; ?? prior to bring explosives and detonators to the blast site: ?? weather conditions shall be monitored; ?? blast site shall be inspected for hazards; ?? boreholes shall be inspected and cleared of obstructions; and ?? all persons not involved in loading the shot shall be removed from the blast site; ?? surface blasting shall only be conducted during daylight hours; ?? blast warning signals shall be established and posted at the mine, and an audible warning signal shall be given prior to firing the blast; ?? blasting shall be done from a safe location; ?? all personnel shall be removed from the blast area prior to connecting the initiation device and firing the blast; ?? a post blast examination of the blast area shall be made by the certified blaster in charge; and ?? no one shall return to the blasting area until the certified blaster gives the “all clear”.

  1. Record Keeping: (4 VAC 25-40-810)

The certified blaster shall prepare a detailed record of each surface blast immediately .

The record shall be maintained for three years and subject to inspection by the DMM mine inspectors. Records shall contain:

?? name of company or contractor; ?? location, date, and time of blast; ?? name, signature, and certification number of blaster in charge; ?? type of material blasted; ?? number of holes, burden and spacing; ?? diameter, depth and condition of boreholes (drill log); ?? types of explosives used; ?? total amount of explosives used; ?? maximum amount of explosives per delay period of eight milliseconds or greater; ?? method of firing and type of circuit; ?? direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional building neither owned nor leased by the person conducting the blasting;

DMM Surface Foreman Certification Study Guide 43 ?? weather conditions; ?? height or length of stemming; ?? whether mats or other protections were used; ?? type of detonators used and delay periods used; ?? location of seismograph, if used; and ?? seismograph record. (4 VAC 25-40-910)

5. Special Blasting Regulations:

Persons shall not enter the blasting area for at least 15 minutes after a misfire; the certified blaster shall be in charge of disposing of the misfire; and the blast area shall be guarded or barricaded and posted with warning signs until such time as the misfire is cleared.

(4 VAC 25-40-820)

Prior to blasting near a mine haul road or public highway all traffic shall be stopped for a safe distance. (4 VAC 25-40-830)

When blasting within 300 feet of a private pipeline or electrical transmission line, advanced notice shall be given to the owner of the pipeline or transmission line by the certified blaster. (4 VAC 25-40-860)

Ground vibration from blasts may be measured using the following techniques: ?? scale distance formula provide in the Safety and Health Regulations for Mineral Mining; ?? peak particle velocity measured by a seismograph at the nearest inhabited building not owned or leased by the operator; and ?? alternative blasting level criteria utilizing the maximum peak particle velocity and blast vibration frequency obtained from seismograph records. (4 VAC 25-40-880)

Air blast limits shall not exceed those found in the Safety and Health Regulations for Mineral Mining. (4 VAC 25-40-890)

If necessary to prevent damage, the limits for ground vibration and air blast may be lowered by the DMM Director. (4 VAC 25-40-895)

Seismic testing and evaluation to determine compliance with blasting limitations shall:

?? utilize an acceptable instrument; ?? be conducted and analyzed by a qualified person; and ?? be conducted whenever directed by the division.

6. Drilling:

Are the drillers inspecting their equipment and work areas for safety hazards prior to beginning work, and are they reporting defects and hazards to the certified foreman for corrective action? (4 VAC 25-40-950 & 970)

Are the drillers attending their drills while they are in operation? (4VAC 25-40-990) DMM Surface Foreman Certification Study Guide 44 Are receptacles or racks provided for drill steel and tools stored on the drills? (4VAC 25-40-1000)

Are proper techniques used when moving track or truck mounted drills? Are masts being lowered, are tools and other equipment properly secured in a safe location, and is the driller’s helper in a safe and observable location during the move? (4VAC25-40-1010)

Have drillers and driller’s helpers been instructed in proper procedures in the event of power failure on the drill? Are drill controls being placed in a neutral position until power is restored? (4VAC25-40-1020)

Do drillers refrain from holding or resting their hands on any rotating part of a drill and does their clothing fit closely enough to prevent them from being caught in moving parts of the drill? (4 VAC 25-40-1030 & 1040)

Are large boreholes covered or guarded to prevent trip and fall hazards? (4VAC25-40-1050)

Are drills safely located and secured prior to drilling of boulders in the pit area?

(4 VAC 25-40-1070)

Are drillers working in a safe manner? Have the following requirements been met:

?? remove unconsolidated materials from the bench or wall above the drill; ?? position the drill a safe distance from the edge of the bench or wall; and ?? position drill controls away from wall. (4 VAC 25-40-1080) DMM Surface Foreman Certification Study Guide 45

SECTION 4

RECLAMATION LAWS AND REGULATIONS

Specific Objective #4: Identify DMM reclamation requirements established by regulation, or in the DMM-approved operations/reclamation plan.

DMM Surface Foreman Certification Study Guide 46

RECLAMATION LAWS AND REGULATIONS

DMM’s Mineral Mining Manual - Laws and Regulations establish environmental requirements that mine operators must meet to minimize environmental impacts on land and water resources. Failure to comply with these regulations can result in Special Order or Notice of Non-Compliance violations being issued. In some instances, reclamation requirements enhance both safety and environmental concerns for miners and the public. Managers and certified mine foremen should be familiar with environmental requirements established by the DMM-approved operations/reclamation plan for their specific mine site.

A typical “Application/Operations Plan” (DMM Form 101) will stipulate slope requirements of pit banks, location/design criteria for dams/ponds, sediment control methods, seedbed preparation, establishing vegetation, types of mobile/stationary equipment to be used, disposal methods for wastes oil, chemicals, tires, and other types of waste materials. The plan also describes where overburden will be temporarily stored and the method of final disposal.

Definitions

The following definitions found in the Mineral Mining Manual have specific meanings as used in the law and regulations pertaining to operations, drainage, and reclamation.

Check dam: a small barrier installed across a natural or constructed drainage way to retard water flow and catch sediment (Figures 1 and 2)

Disturbed Land: the areas from which overburden has been removed in any mining operation, plus the area covered by the spoil and refuse, plus any areas used in such mining operation including land use for processing, stockpiling, and settling ponds

Diversion Ditch: a ditch designed and installed to change the course of ground or surface water

Filter Strip: a protective strip of vegetation between disturbed areas and streams that retards the flow of runoff water and causes deposition of transported material

Initial Reclamation: the mine safety license may be released by DMM if initial reclamation work is completed but the vegetation has not become well established. The reclamation portion of the permit will remain in effect.

Mineral: clay, stone, sand, gravel, metalliferous and nonmetalliferous ores and any other solid material or substance of commercial value excavated in solid form from natural deposits on or in the earth, exclusive of coal and those minerals which occur naturally in liquid or gaseous form

Mining Operation: any area included in an approved plan of operation

Overburden: all of the earth and other material which lie above a natural deposit of minerals, ores, rock or other matter, and also other materials after removal from their natural deposit in the process of mining DMM Surface Foreman Certification Study Guide 47

2 ACRES OR LESS OF DRAINAGE AREA:

6"

3'

FILTER CLOTH

(DOWNSTREAM VIEW)

VDOT #1

COARSE AGGREGATE

FLOW 2:1 3'

2-10 ACRES OF DRAINAGE AREA:

6"

3'

FILTER CLOTH

(DOWNSTREAM VIEW)

VDOT #1

COARSE AGGREGATE

FLOW 2:1 3'

CLASS I RIPRAP

FIGURE 1. Design Specifications for a Rock Check Dam Source: Virginia Erosion and Sediment Control Handbook, Plate 3.20-1 (modified).

DMM Surface Foreman Certification Study Guide

48FIGURE 2.

Example of a rock check dam

Reclamation: the restoration or conversion of disturbed land to a stable condition which minimizes or prevents adverse disruption and the injurious effects thereof and presents an opportunity for further productive use if such use is reasonable

Refuse: all waste soil, rock, mineral tailings, slime and other material directly connected with the mine, cleaning and preparation of substances mined including all waste material deposited in the permit area from other sources

Silt fence: a temporary sediment barrier consisting of a synthetic filter fabric stretched across and attached to supporting posts and entrenched. Not for use for extended periods of time. (Figure 3)

Spoil: any overburden or other material removed from its natural state in the process of mining

Straw Bale Barrier: a temporary sediment barrier consisting of a row of anchored straw bales.

Not for use for extended periods of time. (Figure 4)

Stone-Lined Waterways: a permanent designed waterway, shaped and lined with stone to convey storm water runoff. (Figure 5)

Temporary Sediment Trap: a temporary ponding area formed by constructing an earthen embankment with a stone outlet. (Figures 6 and 7) DMM Surface Foreman Certification Study Guide 49

  1. SET THE STAKES. 2. EXCAVATE A 4" x 4" TRENCH

UPSLOPE ALONG THE LINE OF

STAKES.

6'MAX.

FLOW 4"

4"

3. STAPLE FILTER MATERIAL 4. BACKFILL AND COMPACT

TO STAKES AND EXTEND THE EXCAVATED SOIL

IT INTO THE TRENCH.

FLOW

SHEET FLOW INSTALLATION

(PERSPECTIVE VIEW)

FLOW

3'MAX.

A A

B

POINTS A SHOULD BE HIGHER THAN POINT B.

DRAINAGEWAY INSTALLATION

(FRONT ELEVATION)

FIGURE 3. Construction of a Silt Fence Source: Sherwood and Wyant (****), Installation of Straw and Fabric Filter Barriers for Sediment Control.

DMM Surface Foreman Certification Study Guide

50 STAKED AND ENTRENCHED

BINDING WIRE STRAW BALE

OR TWINE

COMPACTED SOIL TO

PREVENT PIPING

FILTERED RUNOFF SEDIMENT LADEN RUNOFF

PROPERLY INSTALLED STRAW BALE

(CROSS SECTION)

1. EXCAVATE THE TRENCH. 2. PLACE AND STAKE STRAW BALES.

ANGLE FIRST STAKE

TOWARD PREVIOUSLY

LAID BALE

4"

FLOW

BALE

WIDTH

3. WEDGE LOOSE STRAW BETWEEN BALES. 4. BACKFILL AND COMPACT THE

EXCAVATED SOIL.

FIGURE 4. Construction of a Straw Bale Barrier Source: Virginia Erosion and Sediment Control Handbook, Plate 3.04-1 (modified).

DMM Surface Foreman Certification Study Guide

51 TYPICAL V-SHAPED WATERWAY CROSS SECTION

COMPACTED SOIL

CONCRETE-LINED DITCH GRASS-LINED DITCH

PARABOLIC WATERWAY CROSS SECTION

T

D

4-12" TYPICAL RIPRAP CHANNEL CROSS SECTION

D W 6"-9"

(KEY IN CLOTH)

FILTER CLOTH NOTE: ALTHOUGH FILTER CLOTH IS

PREFERRED, A GRANULAR FILTER MAY BE SUBSTITUTED.

FOR PHYSICAL REQUIREMENTS, SEE STD. & SPEC. 3.19, RIPRAP.

TRAPEZOIDAL CONCRETE WATERWAY CROSS SECTION

6”x6” WELDED WIRE FABRIC

AS REQUIRED

D

W 3" DIA. WEEP HOLE, 8' o.c.

FIGURE 5. Typical Waterway Design Cross Sections Source: Virginia Erosion and Sediment Control Handbook, Plate 3.17-1 (modified)

DMM Surface Foreman Certification Study Guide

52 VARIABLE

ORIGINAL

GROUND

ELEVATION 1’

202 CU. YD. / DISTURBED ACRE 2:1 2:1 VARIABLE

OR

202 CU. YD./ACRE

(EXCAVATED) 4' MAX.

FILTER CLOTH ORIGINAL

GROUND

ELEV.

COARSE AGGREGATE CLASS I RIPRAP

CROSS SECTION OF OUTLET

CLASS I RIPRAP

LENGTH (IN FEET) =

6 X DRAINAGE AREA

(IN ACRES)

DIVERSION

DIKE

COARSE AGGREGATE **

EXCAVATED FILTER CLOTH

AREA

** COARSE AGGREGATE SHALL BE VDOT #3, #357 OR #5

OUTLET (PERSPECTIVE VIEW)

FIGURE 6. Design Specifications for Temporary Sediment Trap Source: Virginia Erosion and Sediment Control Handbook, Plate 3.13-2 (modified)

DMM Surface Foreman Certification Study Guide

53FIGURE 7.

Example of temporary sediment trap

Temporary Slope Drain: a flexible tubing or rigid pipe to temporarily conduct concentrated storm water runoff down the face of a cut or fill slope without causing erosion on or below the slope. (Figure 8)

Permitting

Mining Permit

Every mining company has to obtain a mining permit from the Department of Mines, Minerals and Energy for every individual property they are currently mining. A mine license must also be obtained at the same time prior to the commencement of mining operations. (45.1-161.292:30.A) The Division of Mineral Mining reviews, approves and enforces these permits/licenses. The environmental requirements associated with this permit are separated from the safety requirements by law. The laws and regulations governing the environmental requirements are found in the Mineral Mining Manual – Law and Regulations. Every mining company should have a copy of this manual in their files as well as a copy of the mining permit.

The certified foreman should know the contents of the mining permit because it influences day-to-day operations and failure to conform to the specified measures may result in expensive corrective activities as well as the company being subjected to enforcement action.

DMM Surface Foreman Certification Study Guide 54

FIGURE 8.

Example of temporary slope drain

Operation Plan

The operation plan is a vital part of every state mining permit. It spells out in detail the actions the mining company must take to ensure the orderly extraction of the mineral resource and to eliminate adverse environmental effects that uncontrolled mining often produces. The Operation Plan addresses the following items:

?? Mining Method The extraction method including the equipment to be used, the proposed depth of excavation, heights of highwalls, bench widths and/or slopes of proposed cuts and fills should be included in the mine operations plan. The Safety and Health Regulations for Mineral Mining require the mine operator to use a mining method that will ensure ground, wall and bench stability. (4VAC25-40-390) Rims of open pits must be stripped back of loose, unconsolidated material and trees for at least 10 feet and unconsolidated material above the wall needs to be sloped back to the angle of repose. (4VAC25-40-400) Highwalls should be limited to a height that is safe to scale with the equipment the operator proposes to use at the mine. (4VAC25-40-420) Benches must be wide enough for the safe passage and operation of the equipment proposed for use. (4VAC25-40-410)

?? Reclamation The mining law requires that all reclamation work, such as grading, liming, fertilizing and seeding, be done continuously along with the mineral production work being carried out on the mine property. This ensures restoration of the land to a useful condition, DMM Surface Foreman Certification Study Guide 55 prevents siltation of streams and helps control undesirable effects of dust and noise. A plan for simultaneous reclamation needs to be included in every operation plan. The Operation Plan lists the amounts of seed and species to be planted. Amounts of lime and fertilizer are determined from soil tests conducted just before the planting work begins.

?? Road Entrance All highways and public roads need to be protected from mud and debris that may accumulate and present a traffic hazard. A copy of an approved commercial entrance permit from the Virginia Department of Transportation should be a part of the operation plan. The entrance must be maintained to provide adequate sight distance both up and down the highway. Any obstructing trees or brush must be removed that would limit visibility in any way. During periods of heavy rain, the entrance should be inspected periodically throughout the day to avoid hazardous conditions from developing. Effective use of stone, asphalt, or other types of paving is required to stabilize the road entrance. Gates and warning signs also need to be provided to prevent access to unattended mine roads.

(4VAC25-40-290)

?? Haul Road An all-weather surface needs to be maintained with asphalt, concrete, stone or sand and gravel. Establishing a stable haul road surface will control the deposition of mud on the highway. The operation plan should note how dust will be controlled so as not to drift onto nearby residences or limit visibility of equipment operators. (4VAC25-40-1400) The frequent application of water as a dust control measure is necessary when the road surface becomes dry. (4VAC25-40-740) Grading of the road should be done as needed to maintain a smooth surface and thereby reduce traffic hazards. Culverts no less that 12 inches in diameter are to be located where needed for erosion control. Roadside ditches must be periodically cleaned out to provide for adequate drainage. It is often necessary to re-seed or riprap portions of the ditch banks to stabilize the soil. Filter strips or sediment traps are to be properly maintained to assure sediment from road drainage is not reaching nearby streams or other bodies of water. Water drainage from the road system must not transport sediment into the nearby streams. The operation plan may contain designs for road and ditch construction.

?? Drainage Plan A detailed drainage plan is included in every permit. It describes how the streams and properties in the area will be protected from mine runoff. Drainage control structures are to be installed prior to the beginning of mining or any land disturbing activity.

Sediment control structures are to be cleaned out before they become half full. Sediment traps and basins are sized according to the area they drain. Specific designs are included in the drainage plan. Any reduction of the size of the structures will reduce their effectiveness. New structures should not be constructed without an amendment being approved by the Division (see amendment section below). All water and silt retaining dams need to be designed, constructed and abandoned in accordance with the Mineral Mining Manual. (Also see 4VAC25-40-270) The areas around these structures are to be stabilized with vegetation or rip rap. It is important that the drainage system be inspected periodically to ensure proper maintenance. Ditches and berms that direct runoff into basins must also be properly maintained. The use of silt fences is considered to be a temporary measure and is only allowed until adequate vegetation can be established. In areas where it is impractical to establish vegetation, riprap or clean broken concrete may be used for stabilization.

?? Maps A permit map is a part of every operation plan. It is updated frequently to show changes that have occurred due to the progression of mining. It shows the drainage patterns and the location of topsoil stockpiles, screening berms, sediment control structures, roads, nearby homes, property lines, areas disturbed and areas reclaimed. The map legend lists the DMM Surface Foreman Certification Study Guide 56 acreage under permit, acreage disturbed and acreage reclaimed. It is important that the certified foreman know the location of the property lines and streams since there are established limits as to how close the mining work may extend to these. Any infringement within these established limits may result in costly restoration work.

?? Amendments Any change to the operation plan requires that an amendment be submitted by the operator and approved by the Division before the work takes place. This includes the following:

1) Change in location of topsoil storage piles, screening berms, or access roads. 2) Installation or modification of any sediment control basin or trap. Change in drainage pattern. 3) Increase in acreage of disturbed area or permitted area. A sizable area may be permitted but only a portion need be listed as disturbed. 4) Change in any reclamation activity, such as seed rates, seed species, and degree of slope on banks. 5) Removal of topsoil from permit area. A plan must be approved by the Division before any topsoil may be removed. 6) Material brought onto the permit area from outside locations. Any inert materials, such as topsoil, rock, brick, and broken concrete that are brought onto the site must first have an approved amendment showing where it will be placed, how long it will be stored (if temporary), amount of material (tons, cubic yards), and how drainage from the material will be diverted and controlled A sketch is usually attached to the amendment application. Some types of organic materials, such as tree stumps and lumber, will require a Department of Waste Management permit in addition to an amendment from the Division. Any burning activity to eliminate materials will also require a permit from DEQ and possibly from other agencies as well. Before materials that are generated on the site can be landfilled, an amendment is needed to describe how they will be buried and a map is needed to show the disposal location. The final reclamation of the disposal site must be described. Any unauthorized debris dumped on the site must be removed to an approved landfill as soon as possible. 7) Prior to modifying the flow of natural streams, the Division must first approve an amendment. Surface blasting shall be prohibited if the blasting may change the course or channel of any stream without a variance issued by the Director.

(4VAC25-40-870)

?? Water Quality The pH of all water discharged from the site must be between 6.0 and 9.0.

With prior approval, chemicals may be injected into the discharge to bring the water pH into compliance. If this is not possible, all water drainage must then be contained on site.

?? Critical Areas Problem areas, such as those with steep slopes, easily eroded material, hostile growing conditions, concentration of drainage, or other situations where re-vegetation or stabilization will be potentially difficult are considered critical areas. Riprap shall be used for the control of erosion on those areas where it is impractical to establish vegetation. Placing of rock riprap shall be in accordance with drainage standards and the approved Operation/Reclamation Plan.

?? Screening Berms Mining operations must be screened from public view when required.

This is usually accomplished by constructing earthen berms, which are immediately seeded following construction. Temporary erosion control, consisting of straw bale barriers or silt DMM Surface Foreman Certification Study Guide 57 fence, is required until the vegetation becomes well established. As mining progresses, the berms will normally be extended. The certified foreman supervising this work should know what areas have been approved for placement of the screening berms. The regulations stipulate that no slope shall extend closer than 25 feet to any property line.

?? Mine Wastes When mine wastes are generated, the operation plan needs to include a plan for its disposal. This plan must include a disposal method, disposal location and method of drainage control. Other information may also be required by the Division prior to plan approval. (4VAC25-40-270.C)

?? Post Mining Land Use The Operation Plan specifies to what use the land will be converted after all mining is completed. All restoration work conducted while mining should be guided with this objective in mind. The post mining land use may be amended with the approval of the Division at any time.

The creation of ponds and lakes is a desirable land use. Ponds must be at least four feet in depth and all banks sloped and stabilized. If wetlands are developed as a result of the mining operation, the landowner must agree in writing with the conversion of the property to a permanent wetland condition. Designs for the final water impoundments are found in the operation plan.

?? Bond Bond is required on all areas disturbed by mining as well as those areas designated to be disturbed during the next 12 months. The amount of bond required can be reduced by establishing permanent vegetation on areas where mining is complete and pursuing bond release. Disturbing land outside the bonded area will result in issuance of a special order to increase the bond posted with the Division. The area under bond is shown on the permit map as disturbed acreage. Bond is used to assure reclamation in the event the mining company is unable to perform the reclamation requirements as specified in the operation plan.

?? Permit Sign The operation plan contains plans for construction and placement of the permit sign. The permit sign needs to show the company name and permit number. In the event the sign is seriously damaged or destroyed, a new one must be posted.

Permit Renewal

All permits/licenses are renewed annually. The mine operator must report acreage graded and seeded during the past year. Amounts of lime, fertilizer, mulch, and seed must be reported. The species of grass, plants and trees planted must also be recorded. License and permit fees are also paid at this time. (45.1-161.292:30.B)

Enforcement

Complaints

Any person may file a complaint regarding the operation of any mine. Complaints can be minimized by constant attention given to such concerns as off-site drainage, erosion onto nearby properties, uncontrolled dust and noise, mud and debris on the highway at the mine entrance, encroaching into established set-back limits, failure to re-vegetate disturbed land and maintaining an effective visual screen of the mine.

DMM Surface Foreman Certification Study Guide 58 Repeated complaints over an extended period of time will often result in local authorities becoming involved in the mine operation. This can adversely affect future zoning issues. If the mine operator becomes involved in public relations matters, his performance in regards to compliance with environmental regulations is often an important factor. The certified foreman can be of considerable assistance in these instances.

Landowner Rights

The mining regulations require that no slope shall extend closer than 25 feet to another property line without written consent of the adjoining landowner. In addition to stockpiles and screening berms, this also applies to slopes created by excavations of the mineral deposit. If mining extends within five feet of another property owner without written consent, the mine operator may be subject to a $500 fine payable to the adjacent landowner. (45.1-161.311:1) Limited access rights of landowners who own properties adjacent to lands being mined are found in the Mineral Mine Safety Laws of Virginia. (45.1-161.311:2)

Violations

The operator is notified of violations by the issuance of Special Orders. The Special Order will be given a compliance date to give the operator ample time to correct the violation.

Extensions to the compliance date and modifications of the order may be granted at the discretion of the Division. The mine operator may appeal a Special Order by submitting a request by certified mail to the Division within 30 days of the issuance of the order.

If the violation is not corrected within the compliance period, a Notice of Non-Compliance may be issued. The notice will be given a compliance period to give the operator ample time to correct the violation. If the operator is unable or unwilling to correct the violation, the permit may be terminated, all bond forfeited, and final reclamation ordered. The mine operator may file an appeal to the Division within 30 days, which is then passed on to the Board of Surface Mining Review for their consideration.

Any violation of any provision of the reclamation laws shall be a misdemeanor punishable by a maximum fine of $1,000.

Reclamation

Initial Reclamation

One of the basic requirements of mineral mining law requires that reclamation work be done continuously along with the mineral production work being carried out on the mine property. This ensures restoration of the land to a useful condition, prevents siltation of streams and helps control undesirable effects of dust and noise. Initial reclamation is considered to be complete if the following conditions are met:

  1. Completion of final grading on all land disturbed by mining. The drainage pattern may be established by use of berms and ditches.
  2. All disturbed areas are limed, fertilized, seeded and mulched in accordance with the reclamation plan and the DMM Mineral Mining Manual. This includes haul roads that are to be eliminated.

DMM Surface Foreman Certification Study Guide 59

  1. Removal of all structures, power lines, debris and other items not listed for retention in the reclamation plan.
  2. Installation of all permanent drainage structures as provided in the drainage plan.
  3. If any wetlands have been created, a letter from the landowner is needed that authorizes wetland development.
  4. Riprap or other DMM approved materials are to be installed on all critical areas where it is not practical to establish vegetation.

Unwanted Vegetation

There are several locations on most mine sites where vegetation is not desirable. Areas surrounding explosive magazines and buildings for storage of blasting agents shall be kept clear of combustible materials for a distance of at least 50 feet. This includes all vegetation except for live trees over 10 feet in height. (4VAC25-40-780.G) Areas surrounding flammable and combustible liquid storage tanks need to be kept free of combustible materials, including dry or dead vegetation, for at least 25 feet in all directions. (4VAC25-40-510) Areas surrounding mine openings and fan installations shall be kept free from grass, weeds, underbrush and other combustible materials for a safe distance in all directions. (4VAC25-40-700) Grass, brush, and weeds should also be cleared for a safe distance from any major electrical installations to reduce the hazard of a fire.

Temporary Cessation or Final Reclamation

At mining operations where no mineral has been removed or there has been no disturbance for a period of 12 months, DMM may declare the operation complete and require final reclamation. At the option of the operator and with written approval from the DMM, an operation may remain under permit for an extended period of time if disturbed areas are stabilized to prevent erosion, all drainage structures are well maintained and vegetation is established.

Upon temporary cessation or abandonment of a mine, the operator shall effectively close or fence all access roads and hazardous areas. Warning signs shall also be posted. (4VAC25-40-300)

Impoundments

Water and Silt Impoundments

Chapter 18.1, sections 45.1-225.1 and 45.1-225.2 of the Mineral Mine Safety Laws of Virginia set standards that apply to large water impoundments constructed as a part of the mining operation. On and after July 01, 1974, new water or silt retaining dams, or mine refuse piles, or the modification of existing mine water, silt or refuse retaining dams shall be designed and constructed by, or under the direction of, a qualified engineer1. Those dams that qualify under this section of the law are those that:

  1. Are designed to impound water or silt to a height of five feet or more above the lowest natural ground level within the impoundment area; and
  2. Have a storage volume of fifty acre-feet or more (Figure 9a); or
  3. Those designed to impound water or silt to a height of twenty feet or more, regardless of storage volume. (Figure 9b)

1 Qualified Engineer – An engineer with the required certification and experience to design impoundment structures.

DMM Surface Foreman Certification Study Guide 60 Water and silt retaining dams or mine refuse piles, designs, construction specifications, and other related data, including final abandonment plans, shall be approved and certified by the qualified engineer and by the licensed operator or his agent. The designs, construction specifications, and other related data need to be submitted for approval to the Division of Mineral Mining (DMM).

All water and silt retaining dams or mine refuse piles that qualify under this standard shall be examined daily for visible structural weakness, volume overload and other hazards by a qualified person designated by the licensed operator. When rising water and silt reaches eighty percent by volume of the safe design capacity of the dam, such examination shall be made more often as required by DMM. More frequent examinations must be made during periods of rainfall that could create flooding conditions.

Records of the dam inspection shall be kept and certified by the licensed operator or his agent. These records shall be kept at the mine office or some other location on site.

The licensed operator of each mineral mine on which a water or silt retaining dam is located shall adopt an inspection and emergency action plan for carrying out the requirements stipulated in the mine safety law. The plan shall include the following items and be submitted for approval to DMM.

  1. A schedule and procedures for inspection of the retaining dam by a qualified person;
  2. Procedures for evaluating potentially hazardous conditions;
  3. Procedures for removing all persons from the area which may reasonably be expected to be affected by the potentially hazardous conditions;
  4. Procedures for eliminating the potentially hazardous conditions;
  5. Procedures for notifying the Division of Mineral Mining; and
  6. Any additional information required by the Division of Mineral Mining.

Before making any changes or modifications in the approved inspection/emergency action plan, the licensed operator shall obtain approval of such changes or modification from the Division of Mineral Mining.

When a potentially hazardous condition exists, the operator shall initiate procedures to:

  1. Remove all persons from the area which may reasonably be expected to be affected by the potentially hazardous condition;
  2. Eliminate the potentially hazardous condition; and
  3. Notify the Division of Mineral Mining.

DMM Surface Foreman Certification Study Guide 61

NATURAL GROUND

SURFACE DAM

STORAGE CAPACITY

50 ACRE-FEET

5 feet

Figure 9A. Impounded water or silt 5feet or higher above lowest natural ground surface, and, storage capacity greater than or equal to 50 acre-feet.

DAM

20 feet

Figure 9B. Impounded water or silt 20 feet or higher above lowest natural ground surface.

FIGURE 9. Criteria for Chapter 18.1 Water and Silt Retaining Dam Source: Mineral Mine Safety Laws of Virginia

DMM Surface Foreman Certification Study Guide

62SECTION 5

SAFETY TRAINING

Specific Objective #5: Establish the certified foreman’s role in mine safety training required by DMM and MSHA.

DMM Surface Foreman Certification Study Guide 63

SAFETY TRAINING – THE FOREMAN’S ROLE

The Basics on Training

?? The Importance of Good Safety Training

What employees don’t know about working safely may not only hurt them, it may kill them.

That’s why effective safety training is so important. Every employee that you will supervise must be thoroughly trained in what they need to know to work safely. They need to know the hazards of their work, safe job procedures, and the Company’s rules and DMM’s regulations that govern their work.

?? Foreman’s Responsibility for Training

The main responsibility for employee safety training lies with the operator. However, the supervisor has the greatest opportunity to do the training because training and learning is mainly done on the job. Training is one of the most important functions of a supervisor. You can be a more effective supervisor if you learn how to train your assigned employees.

?? Major Types of Safety Training

  1. Training of New Persons - this training applies to new miners with no previous experience, as well as newly employed experienced miners starting work at your mining operation.

These individuals need walk-around, show-around type orientation related to the operation, and more specifically, their work areas, jobs, and equipment. Emphasis should be placed on hazard recognition and avoidance, applicable company rules, state and federal health and safety laws and regulations, workplace examinations, and equipment inspection responsibilities, etc.

  1. Task Training for New/Reassigned Personnel or Infrequently Done Jobs (or new tasks/duties that may be part of a job) - employees who have just moved into an occupation in which they have never worked or an occupation which they infrequently perform should be given an occupation safety orientation on their first day of work in the new occupation.

Pre-Job Safety Instructions should be given when you assign an employee to do a hazardous job that they do infrequently. The idea is to remind them of the major hazards and precautions. Consider possibilities such as serious potential for accidents, known hazardous conditions, likely unsafe practices, pre-job examinations or inspections, required protective equipment, precautions to protect others, and lock-out/tag-out requirements where applicable.

  1. Direct (Continuing) Training Contacts - Employee safety training does not stop with occupation orientations and initial job instructions. Training must be a continuing effort.

Employees need to be reminded on a regular basis about such things as work hazards, safety rules and regulations, and safe job procedures. In short, they need frequent planned safety training contacts to discuss selected safety topics. Such contacts help DMM Surface Foreman Certification Study Guide 64 shape their attitudes about working safely and serve to heighten their consciousness about hazards and safe work practices.

  1. Hazard Training – Hazard training should be provided to service or maintenance workers or other visitors who might come onto the work site or have short-term exposure in a particular work area. This training is used to point out types of hazards and orient personnel unfamiliar with the site. Traffic patterns, warning signs/signals, special site rules, and electrical or ground control considerations are all examples of items that should be addressed in this type of training.

?? Observation of Personnel is the Check and Balance on Training

A safety observation is basically nothing more than observing employees do their jobs to determine whether or not they are working safely and in compliance with safe job procedures and safety rules and regulations. Such observations are an essential part of accident prevention. Observations are the best way for supervisors to learn how their assigned employees work with respect to safety considerations. Unless unsafe practices are detected by observation, accidents will occur. All employees should receive planned observations periodically, all the more so if they are involved in hazardous type work. Employees that might need special attention are: Inexperienced Employees, Newly Trained Employees, Frequent Accident Employees, Known Chance Takers, and Safety Problem Employees. The more experienced employee who may have developed some unsafe work habits also needs to be observed periodically.

Virginia Requirements on Miner Training

Mineral Mining Safety Laws of Virginia and the Division of Mineral Mining’s (DMM’s) Safety and Health Regulations for Mineral Mining address several requirements and related issues in the area of miner training. As a prospective surface foreman, all these training issues and associated considerations are very important. Foremen take on leadership and oversight functions that make training a necessary priority.

?? What are the Safety Training Program Requirements for Mineral Mining Operations in the State of Virginia?

Article 9 - Section 45.1-161.292:73 of the Virginia Mineral Mine Safety Act establishes requirements that the “Operator”* have a plan containing training programs for New Miners, Newly Employed Experienced Miners, Training of Miners for New Tasks, Annual Refresher Training and Hazard Training. This section also requires that such plan be available for review by the Director upon request.

  • “Operator” is defined in Va. Mineral Mine Law as any person who operates, controls, or supervises a mine or any independent contractor performing services or construction at such mine.

?? What is a Mineral Mining Safety Training Plan?

Training plans lay out how miners will be trained and the specifics of how a mine will comply with training requirements. Plans can be simple outlines that list only what, when, and how training will be accomplished in the different categories. Plans can also be very detailed DMM Surface Foreman Certification Study Guide 65 versions that specify subjects to be taught, teaching methods, course materials to be used, time frames necessary for subjects, and the evaluation methods that will be used to determine a trainee’s successful completion. Whether or not mine operators or independent contractors need to comply with Virginia Division of Mineral Mining (DMM) requirements only, or if they want plans to meet both state and federal Mine Safety and Health Administration (MSHA) required standards determine, to a large extent, the amount of detail that may be necessary in the plan.

Training plans definitely need to cover all health and safety considerations (and problems) specific to the mine. Plans define obligations of the mine operator or mine contractors to provide training and can (and often do) assign duties and responsibilities to foremen for instruction of personnel and documentation of training done.

?? Do State and Federal Requirements on Training Programs Differ?

State requirements in the different training program categories (new miner, newly-employed experienced miner, annual refresher training, task training and hazard training) are generally consistent with training required by federal law, so plans that cover these training categories can meet both DMM and MSHA standards. However, General Mineral Miner training (which consists of an overview of state law and regulations) as well as other areas of DMM regulations are specific to state training requirements. (A sample-training plan with suggested format and content are included in this section for reference and to assist Virginia mineral mine operators in the development and implementation of their safety training programs)

?? What are the Required Training Program Categories and What do they Cover?

Let’s examine the required program categories of safety training, what they are intended to address, and most importantly, what the certified foreman’s role could involve as far as instructing and documenting part or all of the training.

  1. NEW MINER / GENERAL MINERAL MINER – Training that is intended to be a comprehensive orientation for “inexperienced miners” that covers a variety of operational and health and safety subject areas. State mining law or regulations do not address specific subject content for New Miner training programs other than requirements for General Mineral Miner (GMM) (45.1-161.292.28 and 4 VAC 25-35-120) and Task Training (4 VAC 25-40-100). This affords wide-ranging flexibility with regard to topics that may be included in New Miner training as far as DMM is concerned. Mining Operations or Contractors that are subject to DMM requirements only may be able to scale back on general topic areas and focus more on site specifics and practical show-around aspects, dependent on the site size, complexity, and work project involved.

However, operations subject to MSHA inspections are under federal requirements to provide New Miner training consisting of a number of specific subjects including 1) introduction to the work environment, 2) emergency procedures applicable to mine(s), 3) rules and procedures for reporting hazards, 4) first aid methods 5) health and safety aspects and safe work procedures specific to tasks assigned, 6) miners rights and responsibilities, and 7) use and care of respirators, and other MSHA subjects per 30 CFR Parts 46 or 48.*

Both the State and MSHA have certain training requirements (subjects) that must be covered prior to persons assuming work duties.

DMM Surface Foreman Certification Study Guide 66 New Miner Training is generally accomplished through classroom training segments in addition to the foreman (or other trainer) handling site-specific work environment instruction, hazard recognition and avoidance, and task training /health and safety aspects relating to the job.

  • As a certified foreman, you should be aware that there are additional and quite involved training and record keeping requirements imposed by the Mine Safety and Health Administration which may need to be complied with, where applicable.

However, because this is a Virginia certification guide, emphasis here will only focus on State requirements.

General Mineral Miner (GMM) Training Requirements (45.1-161.292:28) – Every person starting work in a mineral mine after the date of January 1, 1997, shall hold a general mineral miner certificate issued by the Board of Mineral Mining Examiners (BMME). Any person who has worked in a mineral mine in Virginia prior to that date, may, but shall not be required to, hold a general mineral miner certificate. Each applicant for a general mineral miner certificate shall prove to the Board that he has knowledge of first aid practices and has a general working knowledge of the provisions of the Virginia Mineral Mine Safety Act and applicable regulations pertaining to mineral mining health and safety.

Note: GMM training is required to be instructed by a certified mine foreman or an MSHA certified instructor or a DMM approved instructor, so this is an area that a certified foreman will probably have to deal with directly. Refer to The General Mineral Miner section (4 VAC 25-35-120) of the BMME Certification Requirements for details on training, the complete GMM application and certification process, and record keeping requirements.

  1. NEWLY- EMPLOYED EXPERIENCED MINER – This training is intended to orient an experienced miner to a mining operation at which he has not previously worked. Topics typically cover such areas as the specifics of the work environment, hazard recognition and avoidance, a review of company safety policy, familiarization with communication and emergency procedures, etc. This training for an experienced miner is usually handled on-the-job during the first day of employment and is well suited to being handled by the foreman. In Virginia, newly employed experienced persons may be required to have GMM training as well, if their previous mining experience was gained in another state. (Review the Sample Training Plan (following) for additional details on training in this category)
  1. TASK TRAINING – This training is intended to orient a new or reassigned miner to new jobs or job tasks and duties prior to their being assigned and actually performing the work. This training typically would include instruction on job steps, operating procedures, company rules and applicable DMM regulation requirements, as well as other health and safety aspects of the job, tasks or duties. Other task training may involve changes in equipment or job procedures.

DMM’s Mineral Mining Safety and Health Regulations also cover several additional training considerations that apply to New Miner, Newly-Employed Experienced DMM Surface Foreman Certification Study Guide 67 Miner, and Task Training. These requirements should be incorporated (specifically addressed) as part of the preceding training categories.

Employee Training Requirements (4VAC 25-40-100) - this section of DMM’s Safety and Health Regulations states “New or reassigned employees shall be trained in state and company safety regulations and be task trained prior to being assigned a task or duty. Records shall be kept in writing at the mine site for 2 years or 60 days after termination of employment.”

Inexperienced Employees (4VAC 25-40-110) - this section of DMM’s Safety and Health Regulations states “ Employees with less than six months of mining experience shall work with or under the direction of an experienced miner.”

Inspection of mobile and stationary equipment (4 VAC 25-40-145) - this section of DMM’s Health Regulations states “Mobile and stationary equipment that is to be used during a shift shall be inspected by the equipment operator. Equipment safety defects shall be reported to the certified foreman. Defects that affect the safety and health of persons shall be corrected before the equipment is used.”

Compliance with Regulations (4VAC 25-40-190) - this section of DMM’s Safety and Health Regulations states “Mine employees shall comply with all state safety and health regulations applicable to their tasks or duties.”

Examination for unsafe conditions (4VAC 25-40-460) - this section of DMM’s Safety and Health Regulations states “All personnel shall examine their active workings for unsafe conditions prior to starting work and frequently thereafter. Any unsafe condition found shall be corrected or reported to the designated certified mine foreman.”

  1. HAZARD TRAINING – This training is intended to acquaint and inform individuals of potential dangers or hazardous conditions related to the areas where they might work or travel at the mining operation. Typically this training applies to short term maintenance or service workers, including delivery persons, technicians, students, visitors, etc. who are not involved in the production or processing work.

This training should include show-around, applicable emergency information and procedures, and safety standards with which these personnel should be familiarized and comply.

  1. ANNUAL REFRESHER TRAINING – This training requirement addresses structured safety training updates (on an annual basis) for all mining personnel and extraction and processing contractors. This training is usually conducted in a classroom type environment where instructors have prepared formal mine-specific safety presentations and materials, accident information and injury data from the job site, mine plans, etc. This training is often handled in segments, provided periodically. (If you need to meet MSHA requirements, in addition to DMM’s, you will want to refer to 30 CFR – Part 46 or 48. Also, review the sample training plans {following} for additional details on the Annual Refresher training category.

DMM Surface Foreman Certification Study Guide 68 ?? Can You Show Me an Example Training Plan Outlining the Required Training Program?

An example follows, just remember that the topics need to be site specific and developed for your operation.

DMM Surface Foreman Certification Study Guide 69

DMM/MSHA TRAINING PLAN

FOR

TRAINING AND RETRAINING OF MINERS

AN EXAMPLE PLAN

(Designed to Comply with MSHA PART 46 and Virginia Mineral Mining Laws and Regulations)

An example follows, just remember that the topics need to be site specific and developed for your operation.

Company:

Mine or Independent Contractor Name:

MSHA ID#:

Virginia Permit or Contractor #:

Mailing Address:

PERSON RESPONSIBLE FOR HEALTH & SAFETY TRAINING

Name: Title: Phone #:

PERSONS OR ORGANIZATIONS PROVIDING TRAINING: SUBJECT AREAS COMPETENT TO INSTRUCT:

DMM Surface Foreman Certification Study Guide

70 DMM/MSHA TRAINING PLAN

FOR

TRAINING AND RETRAINING OF MINERS

AN EXAMPLE PLAN

(Designed to Comply with MSHA PART 46 and Virginia Mineral Mining Laws and Regulations)

PERSONS OR ORGANIZATIONS PROVIDING TRAINING: SUBJECT AREAS COMPETENT TO INSTRUCT:

DMM Surface Foreman Certification Study Guide

71 DMM/MSHA EXAMPLE TRAINING PLAN

PROGRAM OF INSTRUCTION: NEW MINER

Approx SUBJECT OBJECTIVES INSTRUCTION COURSE EVALUATION INSTRUCTOR time METHODS MATERIALS METHODS

? 8 hrs. VA General Mineral Miner New miner will Lecture DMM General Written Exam or VA Certified Certification Training demonstrate basic Discussion Mineral Miner Demonstration of Mineral Mine ?? Review Mineral Mine Laws knowledge of VA Demonstration Course Guide & skills Foreman or MSHA ?? Overview of DMM H&S Mineral Mine Law, A-V materials Approved Instructor Regs. Heath & Safety regs, and Current VA MM (per DMM reqrmts.) ?? 1st Aid intro/overview Into. First Aid methods Law (copy to each participant) DMM H&S Regs MSHA First Aid Booklet #3

Review Emergency Procedures New Miner will explain Discussion and DMM regulations Competent Person applicable to mine (to include): and demonstrate Demonstration Co. Procedures &/or Oral Response ?? Medical knowledge with regard to Action Plans ?? Firewarning/Firefighting obtaining medical Fire Extinguisher assistance, fire response, ?? Escape / Emergency and other emergencies Evacuation

New miner will explain Lecture VA Regulations and Competent Person Rules and Procedures for how to get hazardous Discussion Co. Procedures Oral Response Reporting Hazards situations addressed and MSHA Guidelines what to do if corrective actions are not taken

? 2 hrs. Introduction to work New miner will Walk-around tour Mine Permit Map Oral Response Competent Person environment (mine tour) recognize potential and Observation of Posted signs hazards and demonstrate Mining Methods Company safety a knowledge of active Lecture rules areas of mine Discussion ? 2 hrs. Recognition and Avoidance of New miner will Walk around Lock-out devices Demonstrate Competent Person Electrical and other hazards at recognize potential Discussion On-site equipment knowledge of mine site hazards in mine work Hands-on hazards by oral environment demonstration response

? These courses must be completed prior to New Miner beginning work ? These courses may be completed up to 60 days after new miner assuming job DMM Surface Foreman Certification Study Guide

72 DMM/MSHA EXAMPLE TRAINING PLAN

PROGRAM OF INSTRUCTION: NEW MINER

Approx SUBJECT OBJECTIVES INSTRUCTION COURSE EVALUATION INSTRUCTOR time METHODS MATERIALS METHODS

? 30 Miner’s Rights and Responsibilities New miner will be able to Lecture MSHA Miner’s Rights Oral Response Competent Person mins. Authority & responsibilities of explain MSHA’s and Discussion booklet supervisors and miner’s miner’s responsibilities & Company representatives roles in mine safety and Organization and their rights under Federal Mgmt. Chain Mine Health & Safety Act

? 1 hr. Use, care, and maintenance of New miner will demonstrate Lecture Manufacturer’s Oral Response Competent Person respirators appropriate use, care, and Demonstration instructions Demonstration maintenance of applicable Discussion respiratory protective equip.

? 4 hrs. First Aid methods New miner will be provided Lecture MSHA First Aid Oral Response Competent Person (in addit. in-depth instruction on first Demonstration Booklet #3 Participant to aid response and methods Hands-on practice demonstration intro in Va.

GMM)

? 6.5 hrs. Health and Safety Aspects and Safe New miner will be able to Lecture Applicable State & Oral Response Competent Person Work Procedures specific to task(s) identify and explain safety Discussion Fed. Regs. assigned and health considerations Job Procedures and safe procedures related MSDS’s (where to assigned tasks applicable)

New miner will demonstrate Closely Observed Practice of Task ability to perform task(s) On job training with Job Procedures Observation Competent Person Assignments safely with discussion practice, observation, Operating Machinery Oral Response /feedback on both correction or Equipment Demonstration operational procedures and Operating Manuals health and safety aspects

? These courses must be completed prior to New Miner beginning work ? These courses may be completed up to 60 days after new miner assuming job DMM Surface Foreman Certification Study Guide

73 DMM/MSHA EXAMPLE TRAINING PLAN

PROGRAM OF INSTRUCTION: NEWLY HIRED EXPERIENCED MINER

Approx SUBJECT OBJECTIVES INSTRUCTION COURSE EVALUATION INSTRUCTOR time METHODS MATERIALS METHODS

? 1-2 Introduction to Work Newly hired experienced Walk-around tour & Mine Permit Map Oral Response Competent Person hrs. Environment miner will recognize Observation of Posted Signs potential hazards and Mining Methods Company Safety demonstrate a knowledge Lecture Rules of active areas of mine Discussion ? 1-2 Recognition and Avoidance of New miner will Walk-around tour Lock-out devices Demonstrate Competent Person hrs. Electrical and Other Hazards at recognize and & Observation On-site Equipment knowledge of the Mine demonstrate knowledge Discussion and Actual Work hazards by oral of potential hazards in Hands-on Environment responses mine work environment Demonstration ? 1/2 –1 Review Emergency Procedures New Miner will explain Discussion and DMM Regulations Oral Response Competent Person hr. applicable to mine (to include): and demonstrate Demonstration Co. Procedures Demonstration ?? Medical knowledge with regard to and/or ?? Firewarning/Firefighting obtaining medical Action Plans ?? Escape / Emergency assistance, fire response, Fire Extinguisher Evacuation and other emergencies ? 1 hr. Health & Safety Aspects of Newly hired experienced Lecture Mfgr.’s Operating Oral Response Competent Person Assigned Task(s) miner will be able to Demonstration instructions, guides, Observation explain safe work Practice under close and handouts Demonstration procedures and H&S supervision State & Fed. Regs. hazards of assigned tasks Applicable

? 30 Miner’s Rights and Newly hired experienced Lecture MSHA Miner’s Oral Response Competent Person mins. Responsibilities miner will be able to Discussion Rights Booklet Authority & Responsibility of explain MSHA’s and Supervisors and Miners Miner’s responsibilities Representative & roles in mine safety and their rights under Fed. Mine Health & Safety Act

? These courses must be completed prior to New Miner beginning work ? These courses may be completed up to 60 days after new miner assuming job DMM Surface Foreman Certification Study Guide

74 DMM/MSHA EXAMPLE TRAINING PLAN

PROGRAM OF INSTRUCTION: NEWLY HIRED EXPERIENCED MINER

Approx SUBJECT OBJECTIVES INSTRUCTION COURSE EVALUATION INSTRUCTOR time METHODS MATERIALS METHODS

? 30 Rules and procedure for Newly hired experience Lecture VA Regulations and Oral Response Competent Person mins. reporting hazards miners will explain how Discussion Co. Procedures to get hazardous MSHA Guidelines situations addressed and what to do if corrective actions are not taken ? 30 Use, Care, and Maintenance of Newly hired experienced Lecture Manufacturer’s Oral Response Competent Person mins. Respirators in use at mine miners will demonstrate Demonstration instruction Demonstration appropriate use, care and Discussion maintenance of applicable respiratory protective equip.

? These courses must be completed prior to New Miner beginning work ? These courses may be completed up to 60 days after new miner assuming job DMM Surface Foreman Certification Study Guide

75 DMM/MSHA EXAMPLE TRAINING PLAN

PROGRAM OF INSTRUCTION: TASK TRAINING (per DMM4 VAC 25-40-100 and MSHA Pt. 46.7) Approx SUBJECT OBJECTIVES INSTRUCTION COURSE EVALUATION INSTRUCTOR time METHODS MATERIALS METHODS

? ½ -1 hr. Overview of DMM and Co. Employee will be able to Discussion DMM Hlth. & Oral response Competent person Safety Regulations applicable identify and explain Safety Regs. to assigned tasks regulations/rules Company Safety applicable to assigned Rules tasks Job Procedure Outlines

? ½ -1 hr. Health and Safety Aspects and Employee will recognize Discussion Job Procedure Oral Response Competent Person Safe Work Procedures Specific and be able to explain Outlines to Task Assigned safety and health MSDS’s where considerations and safe applicable procedures related to assigned task

1 hr. – 5 Closely Observed Practice * Employee will On-the-job training Job Procedure Observation Competent Person days demonstrate ability to Discussion Outlines Oral Response perform task safely with Observation Job Steps Lists Demonstration discussion/feedback on Practice Machinery or both operational Equipment procedures and health & Operating Manuals safety aspects

? These subjects must be covered prior to miner performing new task * Close observation means that competent person is in immediate vicinity of the miner (trainee) and is watching their actions to assure that they are performing the task in a safe and healthful manner (See Example Lesson Plans for Task Training – Following this plan)

DMM Surface Foreman Study Guide

76 DMM/MSHA EXAMPLE TRAINING PLAN

PROGRAM OF INSTRUCTION: ANNUAL REFRESHER TRAINING (participants to receive 8 hrs training at 12 month intervals)

Continues on next page Approx SUBJECT OBJECTIVES INSTRUCTION COURSE EVALUATION INSTRUCTOR Time METHODS MATERIALS METHODS

Changes at the Mine within Past Participants will be Lecture Handouts and/or Oral Response Competent Person 15-30 12 Months Affecting Health and made aware of Discussion A-V slides mins. Safety changes that could Demonstration impact miner’s health and safety 2-3 hrs. First Aid Review Participants will Lecture MSHA First Aid Demonstration of Competent Person perform scene size- Discussion Booklet proficiency up, surveys, and Demonstration A-V Supplements ABC skills relative to First Aid ½-1hr. Review of Mine Emergency Participants will Discussion Company Plans Oral Response Competent Person Response Plan (Medical, Fire, identify correct Role Play Scenarios Scenario Problems Spill, etc.) procedures to follow in event of Emergencies 1½-2 Accident Prevention Topics Participants will be Lecture Handout Materials Oral Response Competent Person hrs. ?? Pre-Operational Checks provided Accident Discussion on Subjects Practical ?? Work Place Examinations Prevention Practical Info from 30 CFR Demonstration information and Demonstration /DMM H&S Regs. safety procedures and Operator’s Record Bk.

30-45 Traffic Patterns and Controls Participants will Discussion Permit Map Oral Response Competent Person mins. review and identify Practical Handout materials traffic patterns and demonstration on subject right-of-way A-V slides specifics on mine haul roads

DMM Surface Foreman Study Guide

77 DMM/MSHA EXAMPLE TRAINING PLAN

PROGRAM OF INSTRUCTION: ANNUAL REFRESHER TRAINING (participants to receive 8 hrs training at 12 month intervals)

Approx SUBJECT OBJECTIVES INSTRUCTION COURSE EVALUATION INSTRUCTOR Time METHODS MATERIALS METHODS

½ -1 hr. Ground Control and Conditions Participant will Discussion MSHA Trng. Oral response Competent Person review and identify Visual module potential Ground Demonstrations DMM Safety Regs.

Control hazards and A-V supplements control measures

1–2 hrs. Mobile Equipment and Haulage Participant will Discussion Acc. Case Reviews Oral Response Competent Person Safety review and identify Visual DMM Safety Regs. Group discussion potential hazards Demonstrations MSHA training participation and safety measures module on subject A-V Supplements ½ -1 hr. Safety Issues in Maintenance Participant will Discussion Acc. Case Reviews Oral Response Competent Person and Repair Work review and Visual Manufacturers Group discussion recognize Demonstrations Materials participation safe/unsafe A-V Supplements procedures relating to subject ½ -1hr. Health/Personal Protective Participant will Discussion MSHA training Oral Response Competent Person Equipment review possible Visual module Demonstrate use of health hazards in Demonstration DMM Safety Regs PPE mineral mining and Practical Hands-on A-V Supplements appropriate PPE methods Mine Plans/procedures 45mins. Blasting Safety Participants will Discussion MSHA training Oral Response Competent Person

  • 1 hr. review blasting Visual module (where procedures, safety Demonstration Mine applies) signals, and plans/procedures precautionary DMM Safety Regs. measures A-V Supplements

DMM Surface Foreman Study Guide

78 DMM/MSHA EXAMPLE TRAINING PLAN

PROGRAM OF INSTRUCTION: HAZARD AWARENESS TRAINING

Approx TRAINING OBJECTIVES INSTRUCTION TRAINING EVALUATION INSTRUCTOR time APPLICABLE TO: METHODS MATERIALS METHODS 5 mins.- Persons* who could be Visitors, Contract Inform and Handout Materials with Oral Response Competent person 1 hr. exposed to hazards at mine in Workers and others Explain specific Descriptive Narrative, areas where they may be coming on mine site potential hazards Diagrams, etc. required to work or travel will be informed of the that may be Signs (Excludes mining company specific hazards encountered Checklists employees who regularly work associated with the at the mine) areas of the mine to which they are exposed

  • Persons who will typically require Hazard Awareness Training include office personnel or other staff personnel, vendors, scientific workers, delivery workers, customers (including commercial truckers), construction workers, maintenance or service workers and other independent contractor employees who do not work at the mine for frequent or extended periods. Per MSHA Part 46 requirements, this training is to also be provided to miners / mining crews (such as drillers and blasters) who may move from one mine to another (while remaining employed by the same mining company or independent contractor).

Site-specific Hazard Training is not required for any person who is accompanied at all times by an experienced miner who is familiar with hazards specific to the mine.

Mine (Production) Operators have primary responsibility for insuring that Hazard Awareness Training is provided to employees of independent contractors required to have such training. Production Operators must provide information to each independent contractor who employs persons at the mine on site-specific mine hazards. Independent contractors, in turn, will inform the production operator of any hazards that they may create in the performance of their work activities at the mine.

DMM Surface Foreman Study Guide 79EXAMPLE Task Training Lesson Plan

Task: Off Road Haul Truck Operator

Objective: Employee will demonstrate safe operating procedures for the assigned task

Training Materials: Copy of Company Safety Rules

Copy of DMM Health and Safety Regulations

Manufacturers Guidelines/Operating Procedures

Training Methods: 1) Review the following sections of company safety rules and DMM Regulations with employee assigned task:

Company Rules

DMM Health/Safety Regulations

  • Personal protection Provide overview of applicable regulations
  • Ground Control

from Part 2 (General Safety Provisions),

  • Fire Prevention and Control

Part 3 (Ground Control), Part 4 (Fire

  • Mobile Equipment, Transportation, Prevention and Control), Part 5 (Air and Traffic Safety

Quality and Physical Agents), Part 6

  • Electrical Hazards

(Explosives), Part 9 (Mobile Equipment),

  • General Safety Practices for all Work and Part 10 (Personal Protection).

Areas

2) Discuss/Demonstrate the following haul truck operator job responsibilities and duties and the hazards associated with operation:

A. Performance of walk-around inspection and pre-operational checks B. Mounting/Dismounting truck C. Location and operation of gauges and controls D. Starting Procedures E. Safe Operation Basics F. Parking truck at end of shift G. Performance of maintenance and repairs on truck H. Loading trucks in pit and plant areas I. Travel to/from dump hopper, stockpile areas, or waste dump locations J. Dumping procedures

3) The remainder of the task training will be accomplished through the employee (trainee) practicing the operational steps while being closely observed by a competent haul truck operator experienced in performing the task. When the competent person and operation supervisor agree that the newly assigned employee has demonstrated proficiency in performing the task safely, the task-training program will be considered complete.

4) Complete the record of task training appropriately.

DMM Surface Foreman Study Guide 80 EXAMPLE Task Training Lesson Plan

Task: Maintenance and Repair – Changing Screens

Objective: Employee will demonstrate knowledge, skills, abilities and safe procedures in performing assigned task

Training Materials: Copy of Company Safety Rules

Copy of DMM Health and Safety Regulations

Installation Guidelines/Job Procedures

Training Methods:

1) Review the following sections of company safety rules and DMM Regulations with employee assigned task:

Company Rules

DMM Health/Safety Regulations

  • Personal protection -Review applicable regulations from Part 2
  • Lock out –Tag Out procedures

(4 VAC 25-40-145, 350 and 360),

  • Fire Prevention and Control Part 4 (Fire Prevention and Control-cover
  • Safety in Cutting/Welding

relevant sects.), Part 9 (4 VAC 25-40-1680)

  • Mobile Equipment

Part 10 (4VAC 25-40-1740),

  • General Safety Practices for all Work areas Part 11 (Points on Ladders, where relevant),

Part 12 (4 VAC 25-40-2140,2150,2450, and

2500), Part 13 (4VAC 25-40-2550, 2590,

2600, 2610, and 2580), Part 14 (4 VAC 25-

40-2540).

2) Discuss/Demonstrate Job Responsibilities and Procedures and the Hazards Associated with Performing the Job:

A. Lock-Out/Tag-Out B. Inspection of Work Area C. Obtaining and Using Appropriate Personal Protective Equipment (gloves, harness, etc.) D. Obtaining and Using Proper Tools E. Move New Screens into Place (back strain, crane use, suspended loads, etc.) F. Use Proper Procedure to Remove Old Screen (cutting torch safety, hand tool use, etc.) G. Remove Old Screen (back strain, crane use, suspended loads, etc.) properly H. Replace Any Guards That Were Removed

3) The remainder of the task training will be accomplished through the employee (trainee) practicing the task steps while being closely observed by a competent person experienced in performing the task.

When the competent person and operation supervisor agree that the newly assigned employee has demonstrated proficiency in performing the task safely, the task-training program will be considered complete.

4) Complete record of task training appropriately.

DMM Surface Foreman Study Guide 81

SECTION 6

RECORD KEEPING

Specific Objective #6: Identify records that must be completed and maintained by certified foremen and mine operators.

DMM Surface Foreman Study Guide

82RECORDKEEPING

Records are required to comply with the Mineral Mine Safety Laws of Virginia and the Safety and Health Regulations for Mineral Mining. Therefore, records are an integral part of your duties. As the certified foreman, you are specifically required by law and regulation to keep mine foreman pre-shift examination records. In addition, you are responsible for ensuring that every mobile and stationary equipment operator perform an operational inspection prior to use each shift. These inspections do not require a written record under state law or regulation, however, as a certified foremen you may use checklists to verify compliance. The foreman may be required, by his employer, to keep other records.

This section is intended to assist the foreman in meeting these obligations and to better understand the various record keeping requirements.

While record keeping is required, the format or forms used are at the option of the operator. The Division of Mineral Mining has created the following forms as example documents in an effort to assist in complying with this record keeping. You may choose to use these forms, modify the forms or use your own established company specific forms for record keeping.

As an agent of the operator, you should be familiar with various record keeping requirements for mineral mines. This section of the study guide emphasizes the most commonly used forms and the laws and regulations requiring them. Laws and regulations found at the top of each form are provided to assist you in functioning as a certified foreman.

Recordkeeping Forms:

Record Retention Chart Inspection Forms ?? Mobile Equipment Pre-Shift Operational Safety Check List ?? Stationary Equipment Operator’s Daily Inspection Report ?? Certified Mine Foreman Pre-Shift Inspections Accidents ?? Accident Report Training ?? General Mineral Miner Requirements (summary) ?? General Mineral Miner Training Record ?? Verification of Training Completed for GMM Certification ?? General Mineral Miner Exemption Record ?? Individual Training Record ?? Group Training Record ?? Miner’s Task Training Record ?? Miner’s Task Training - Surface Jobs Matrix ?? Group Task Training Record Contractor ?? Contractor Identification Form Electrical ?? Electrical Testing –continuity testing ?? Ground Conductor Circuit Evaluation – ground resistance evaluation Blasting: ?? Blasting Report Record ??

DMM Surface Foreman Study Guide 83

RECORD RETENTION CHART

  • Contractor I.D. records

Electrical grounding test

Pre-shift examination records

  • Task training records

Blasting records

Accident reports

0 1 2 3 4 5

YEARS

  • Contractor I.D. records must be updated within 30 days of change in contractor status
  • Task training records must be kept for 60 days after termination of employee

DMM Surface Foreman Study Guide 84MOBILE EQUIPMENT PRE-SHIFT OPERATIONAL SAFETY CHECK LIST Note: (fill out this sheet before starting shift)

DMM Safety and Health Regulation 4 VAC 25-40-145 requires mobile equipment that is to be used during a shift be inspected by the equipment operator. Equipment safety defects shall be reported to the BMME-certified foreman. Defects that affect the safety or health of persons shall be corrected before the equipment is used.

EQUIPMENT OPERATOR___________________________ DATE________________

EQUIPMENT TYPE_____________________________ UNIT_______________

EQUIPMENT HRS.______________________________ SHIFT NO.__________

OK Repairs Made Repairs Required N/A

CODES

Excessive oil or hydraulic leaks

Steps ?

O X — Back Alarm

Safety Guards Brakes: Foot

Mirrors Brakes: Parking

Seat Belts Fire Extinguisher

Tires Lights

Steering Horn (Electric)

Gauge & Warning Lights Horn (Air)

Walk Around Windshield

Coolant Glass: Windshield Wipers

Check all fluid levels Glass: Door

Other: Grab-rails Remarks: (Visual inspection of machine for any other mechanical or safety defects)

SIGNATURE: Equipment Operator

Notified Certified Mine Foreman of Safety Defects

(Company may designate categories, which would preclude the use of this equipment until repaired.) DMM Surface Foreman Study Guide 85

STATIONARY EQUIPMENT OPERATOR’S DAILY INSPECTION REPORT

COMPANY _______________________________ PERMIT #

DMM Safety & Health Regulation 4 VAC 25-40-145 requires stationary equipment operators to inspect their assigned equipment prior to use each shift to ensure safe operating condition. Safety defects which pose a hazard must be reported to the BMME-certified mine foreman for repair prior to use.

Equipment Operator_______________________________________ Date__________

Area of Mine: ___Pit ___Processing Plant ___Shop ___Other Time:__________

Description of Equipment or Processing Section:________________________________

(circle one) Safe access (railed walkways) maintained to elevated work areas………………Y N NA

Walkways and work platforms in safe condition and free of excessive material build-up, ice, or snow……………………………………………………………Y N NA

Designated travelways on ground or over water in safe condition………………Y N NA

All accessible (7’) moving parts guarded to prevent accidental contact…………Y N NA

Conveyor head/tail/drive pulleys guarded to prevent reaching (deliberate) over, under, or behind the guard and becoming caught in moving parts………………Y N NA

Lighting adequate to illuminate work areas during hours of darkness……………Y N NA

Electrical wiring and equipment in safe operating condition…………………… Y N NA

Suitable locks and tags available to lock-out/tag-out of equipment ……………..Y N NA

Suitable fire extinguishers located nearby………………………………………..Y N NA

First aid kit located nearby……………………………………………………….Y N NA

Safety harness & lifeline available for use when working beyond handrailing, or other places where there is a danger of falling……………………………….. Y N NA DMM Surface Foreman Study Guide 86 CERTIFIED FOREMAN’S PRE-SHIFT EXAMINATION REPORT [required by Virginia Mining Laws & Regulations (4VAC25-40-130)]

Company:

Date: Time: Shift:

Workplace Examination:

Haulroad and ramp conditions, safety berms, traffic signs, etc.

Highwall conditions, bank heights within reach of equipment or sloped to angle of repose

Bench stability: height, width and slope

Stockpile stability, ramp conditions, safety berms

Emergency response and communication systems

Safe access to all work areas

Lighting, electrical distribution systems

General work environment and past problem areas

Other

Hazardous or unsafe conditions that were not eliminated were barricaded and posted with warning signs (4VAC25-40-130): Specify:

Certified Foreman’s Signature: SF#:

Stationary and Mobile Equipment Inspection:

Pre-operational inspections of stationary & mobile equipment completed by assigned operators

Disposition of hazards detected or reported by miners to the certified foreman (4VAC25-40-145):

DMM Surface Foreman Study Guide

87COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY DIVISION OF MINERAL MINING 900 Natural Resources Drive P.O. Box 3727 Charlottesville, VA 22903 (434) 951-6310

ACCIDENT REPORT

Company Name

Permit No.

Accident Date

Time

Shift

County

Telephone No.

Contractor Employee: Yes No

Contractor Name

Contractor No.

Address

Telephone No.

Type: Medical Treatment Serious Injury

Fatal

Name of Injured

SSN

Regular Occupation

Total Experience

Occupation at Time of Accident

Experience

Location of Accident: Mine/Pit

Crushing/Processing Shop

Loadout/Stockpiles Other (specify)

Type of Equipment Involved: Mobile Equipment Mine Drill

Crushing

Screening Conveyors Bins/Hoppers

Walkways/Platforms/Ladders

Welding/Cutting Handtools

Other (specify)

Body Part Injured: Eyes Head Hand Arm Foot

Leg Back Other (specify)

Nature of Injury

Brief Description of Accident

Preventive Measures Taken

___________________________________________ ____________________________ Mine Inspector Completing Form

Date Form Completed and Mailed

DMM-104c REV. 5/99 DMM Surface Foreman Study Guide 88

GENERAL MINERAL MINER RECORDS

Mineral Mining Safety Laws of Virginia (Section 45.1-161.292:28) and the Board of Mineral Mining Examiners require that miners who commenced work after January 1, 1997 shall be provided training and be certified as General Mineral Miners (GMM). A Verification of Training Form (BMME-4) accompanied by a class roster is to be used for submission to DMM (see pages 90 and 91 following).

The Board of Mineral Mining Examiners (4 VAC 25-35-120.G) requires mine operators to maintain records for those miners required to obtain GMM certification and those that are exempt from GMM certification. For miners required to obtain GMM certification, the BMME-4 form (page 91) may serve as the required record or a record log may be used for this purpose. For miners exempt from GMM requirements, the information shown on the General Mineral Miner Exemption Form (page 92) must be kept on file.

DMM Surface Foreman Study Guide 89

GENERAL MINERAL MINER TRAINING RECORD

EMPLOY- BMME DATE MENT CERT # TRAINING NAME (last, first, mi) ADDRESS PHONE # JOB TITLE DATE ISSUED: COMPLETED INSTRUCTOR

DMM Surface Foreman Study Guide 90 Board of Mineral Mining Examiners Fontaine Research Park 900 Natural Resources Drive P.O. Box 3727 Charlottesville, VA 22903-0723 (434) 951-6310

Verification of Training Completed for General Mineral Miner (GMM) Certification

Type or print this form in ink and submit it to the Board of Mineral Mining Examiners with a roster and $10 processing fee in the form of a check or money order made payable to the Treasurer of Virginia. Cash will be accepted if paid in person at a Division of Mineral Mining Office.

1. Full Name: S.S. #:

2. Date of Birth:

  1. Address: Street or P.O. Box City State Zip Code

4. Home Phone No.: ( ) Date of Employment:

  1. VA Mine Permit Number: Mine Phone No.: ( )

6. Employer Company Name: Mine Name:

Address: Street or P.O. Box City State Zip Code

7. Job title/description of job duties:

  1. I received training in first aid, or I have attached a copy of my valid first aid card, and received training in Virginia’s mineral mining law and regulations on Date or Dates I hereby certify that the above answers are true to the best of my knowledge and belief.

Signed: Date:

Signature of applicant for certification I hereby certify to the BMME that the training I provided to the applicant set forth above meets the requirements of Virginia Code § 45.1-161.292:28 B, 4 VAC 25-35-120 and the applicant has satisfactorily demonstrated to me the required knowledge of first aid practices, Mineral Mine Safety and Health Regulations, and the Mineral Mine Safety Laws of Virginia.

Name printed and signed: Certified foreman, certified MSHA instructor, or instructor approved by DMM to provide training #: Cert. #:

Commonwealth Of Virginia Division Of Mineral Mining

Name Of Miner

Social Security # Date Of Certification

Classificati on:

General Name Of Certified Instructor/Certified Mineral Forman Miner

Certification #

Form DMM-BMME-4 (Revised 2/99)

DMM Surface Foreman Study Guide

91 GENERAL MINERAL MINER EXEMPTION RECORD

A record of employees exempt from the general mineral miner training and certification requirement (persons who possess Virginia mineral mining experience prior to January 1, 1997) is required to be maintained.

EMPLOYMENT DATE DATE BEGAN WORK IN EMPLOYEE NAME (last, first, mi) ADDRESS PHONE # (WITH PRESENT COMPANY) VIRGINIA MINERAL MINES INITIALS

DMM Surface Foreman Study Guide

92 III-7

INDIVIDUAL RECORD

Certificate of Training U.S. Department of Labor Mine Safety and Health Administration Approved: OMB Number 1219-0070, Expires March 31, 1995.

This certificate is required under Public Law 91-173 as amended by Public Law 95-164.

Failure to comply may result in penalties and other sanctions as provided by sections 108 And 110, Public Law 91-173, as amended by Public Law 95-164. ? Issue Certificate Immediately Serial Number (for operator’s use) Upon Completion of Training

  1. Print Full Name of Person Trained (first, middle, last)
  1. Check Type of Approved Training Received: ? Annual ? Newly employed, ? Hazard Training ? Other (specify) Refresher Experienced Miner ? New Task ? Newly Employed, (specify below) Inexperienced Miner Date Task Initials Date Task Initials Instr Instr Studt Studt
  1. Check Type of Operation and Related Industry: A. ? Surface ? Construction ? Underground ? Shaft & Slope B. Coal Metal Nonmetal
  2. Date Training Requirements Complete ? Check if not completed ? If completed, go to Item 6, below. and go to Item 5, below.
  3. Check Subjects Completed (use only for partially completed training): ? Introduction to Work ? Roof/Ground Control ? Health Environment & Ventilation ? Electrical Hazards ? Hazard Recognition ? Mine Map; Escapeways;

Emergency Evacuation; ? First Aid ? H&S Aspects of Tasks Barricading Assigned ? Mine Gases ? Cleanup; Rock Dusting ? Statutory Rights of Miners ? Explosives ? Mandatory Health & ? Self-Rescue & Respiratory Safety Standards ? Prevention of Accidents Devices ? Authority & Responsibility ? Other (specify) ? Transport & Communica- of Supervisors & Miners’ tion Systems Representatives

  1. False certification is punishable I certify that the above training has been completed under section 110 (a) and (f ) of (signature of person responsible for training) the Federal Mine Safety & Health Act (P.L. 91-173 as amended by

P.L. 95-164).

  1. Mine Name, ID, & Location of Training (If Institution, give name & address)
  1. Date I certify that I have completed the above training (Signature of person trained)

MSHA Form 5000-23, Oct 83 (Revised)

DMM Surface Foreman Study Guide

93 III-6

GROUP RECORD

CERTIFICATE OF TRAINING FOR NONMETAL MINES

COMPANY PERMIT #

Check type of Approved Training Received:

Newly Employed, Inexperienced Miner Annual Refresher

Newly Employed, Experienced Miner Hazard Training

New Task (Specify): Other (Specify):

DATE COMPLETED PRINT NAME SIGN NAME I verify the training has been completed

I certify the above training has been completed and given to each person who signed above:

Signature of Person Responsible for Training: Date:

DMM Surface Foreman Study Guide

94 MINER’S TASK TRAINING RECORD

DMM Safety and Health Regulation 4 VAC 25-40-100 requires new or reassigned employees to be trained in state and company safety regulations and to be task trained prior to being assigned a task or duty. Records of training shall be kept in writing at the mine for two years or for 60 days after termination of employment.

NAME EMPLOYEE #

JOB TITLE

CURRENTLY LIST TASKS/DUTIES DEMONSTRATED SUPERVISOR EMPLOYEE

QUALIFIED PROFICIENCY INITIAL INITIAL As of 7/1/98 _

NEW NEW OR REASSIGNED JOB DATE TRAINER TRAINEE ASSIGNMENT OR TASK DUTY INITIAL INITIAL After 7/1/98

DMM Surface Foreman Study Guide

95 SURFACE JOBS

FRONT HIGH

DOZER END WALL REPAIR- TRUCK SHOT

TASK/DUTIES OPER. LOADER DRILLER MAN DRIVER LABORER FIRER WELDER GRADER

Inspect conveyer

Load railroad cars

Load trucks X X Emergency maint. & repair X X X X X X Test electrical Equipment X X

Rough carpentry X Maintenance drainage & water X Operate plant controls Remove hang-up bins, etc.

Use hand tools X X X X X X X Equipment lockout X

Clean-up X X X X

Operates truck X X X Maintenance of trucks & equip. X X X X X Fuel mobile equipment X X X X X X X Lubricate machinery X X X X X X X X Install parts & equipment X X X

Weld, braze, etc. X X

Electrical repairs X Operate mobile equipment X X X X X X X

Blasting X X X X Pre-post oper. equip. check X X X X X X X

DMM Surface Foreman Study Guide

96GROUP TASK TRAINING RECORD

TASK 1

TASK 2

TASK3

TASK 4

TASK 5

TASK 6

TASK 7

TASK 8

TASK 9

NAME OF EMPLOYEE DMM Surface Foreman Study Guide 97

CONTRACTOR IDENTIFICATION FORM

Section 45.1-161.292:32 of the Mineral Mine Safety Laws of Virginia requires that the applicant for a mine license include information about contractors working at the mine and keep the information current by reporting any change within 30 days. This sheet may be attached to the License Renewal Application in response to Question 4.

Licensed Operator Information

COMPANY

PERMIT #

Location at mine where work is to be done

Date contractor began work on the mine

Date contractor information provided to Division of Mineral Mining in writing

Person who provided the information

Has production, worker and wage information been collected for reporting to Division of Mineral Mining on the Annual Tonnage Report at the end of the year? This information must be reported on the annual report or the Mine License cannot be renewed. The Production/Worker/Wage Information Collection Form can be used to collect the information from contractor(s).

SIGNATURE OF LICENSED MINE OPERATOR

DATE

Contractor Information

Contractor’s Trade Name

Business Address

Business Telephone Number

Contractor’s MSHA Identification #

DMM Contractor #

Address of Record for Service of Citations and Other Documents

List services to be provided to the mining company:

Contractor person with responsibility for operating decisions:

Name

Address

_________________________________ ___________________________________________

_________________________________ ___________________________________________

Contractor person responsible for health and safety of employees:

Name

Address

_________________________________ ___________________________________________

_________________________________ ___________________________________________ DMM Surface Foreman Study Guide 98

ELECTRICAL TESTING

DMM Safety and Health Regulation 4 VAC 25-40-2250 requires mine operators to test continuity and resistance ( R ) of grounding systems immediately after installation, repair, or modification; and annually thereafter. All work must be performed by, or under the supervision of a DMM-certified electrician or licensed electrical contractor. A record of the resistance measured in each equipment ground conductor, grounding electrode conductor, and the earth around the grounding electrode (rod) shall be made, and the most recent test record shall be available upon request by the director or division mine inspector. All motor frames and circuits must be grounded back to the mine operator’s ground rod at, or near, the on-site source of power from the power company transformer.

COMPANY

PERMIT #

NAME OF INDIVIDUAL CONDUCTING TEST(S)

BMME Certification #

Licensed Electrical Contractor #

Transformer ID and location

Ground Resistance Test

Instrument used

Method

Results of test

ohms (25 ohms max.)

Equipment Grounding Conductor Measurements

When performing continuity and resistance testing on motors/circuits that are supplied power from the transformer identified above, the resistance of the test lead lines being used should be deducted so that reported values reflect actual resistance of the equipment grounding circuit. The resistance (ohms) measured in equipment grounding conductors connected between the grounding electrode (rod) and motor frames or equipment should not exceed one (1) ohm for safe operating conditions.

Circuit measurements exceeding one ohm must be evaluated and reported on the Ground Conductor Circuit Evaluation form indicating whether or not the increased ohms reading is acceptable for the size breaker or fuse being used.

MOTOR/CIRCUIT IDENTIFICATION

*OHMS

*LESS RESISTANCE OF TEST LINES USED

OHMS DMM Surface Foreman Study Guide 99

GROUND CONDUCTOR CIRCUIT EVALUATION

When evaluating equipment grounding conductor circuit readings that exceed one ohm, the ohms of the grounding conductor must be divided into the voltage-to-ground of the circuit in question. This would give the approximate current (amps) if a ground fault occurred, which can be compared to the size of breaker/fuse provided to ensure adequate tripping capacity.

EXAMPLE: 480/277 V wye system with 30 amp breaker and equipment grounding conductor resistance of 10 ohms. 277 divided by 10 equals 27.7 amps which would not trip the 30-amp breaker during a fault condition creating a hazardous condition. The fault current to breaker/fuse size ratio should be at least 5 to 1 (5 x 30 = 150 amps). The 5 to 1 ratio “rule of thumb” ensures effective protection.

Circuit ID

PERSON CONDUCTING TEST/EVALUATION

Circuit Calculations: DMM Surface Foreman Study Guide 100

BLASTING REPORT RECORD

DMM Safety and Health Regulation 4 VAC 25-40-810 requires a detailed record of each blast be prepared by the BMME certified blaster immediately after completion of each shot. The records must be kept at the mine office for 3 years.

COMPANY PERMIT #

Date Time Weather

Blast Location Bench No.

Material Blasted No. of Rows Total No. of Boreholes Borehole Diameter_____inches Depth of Boreholes_____feet Condition of Boreholes Length of Stemming_____feet Type of Stemming Burden_____feet Spacing_____feet Distance (D) & Direction (Ds) to Nearest Inhabited Building (D) (Ds)

Results of Seismic Test Vibration: L in/sec frequency Location T in/sec frequency V in/sec frequency Airblast: dBs max. allowed dBs

Lbs. Explosives Per Borehole Total Lbs. Explosive Materials Used No. of Holes/Delay Period (8ms) Max. Charge Weight Per Delay Period lbs.

Method Used to Determine Max. Charge Weight/Delay Period _____W/Ds Formulas _____ N.A. Seismic Testing Type & Amount of Explosive Materials Used

Manufacturer & Type of Explosive Material Pounds of Explosive Material Used

Type Initiation System Used Manufacturer

Number of Detonators & Delay Periods Used Delay Period

Shot Design (delay sequence & timing) and Profile of Front Line Boreholes

On back of this form diagram and specify initiation (timing) sequence, front-line borehole profiles, or any special conditions or precautionary measures used.

SIGNATURE OF CERTIFIED BLASTER CERTIFICATION #

IN CHARGE OF BLAST

DMM Surface Foreman Certification Study

101SECTION 7

FIRST AID TRAINING SUMMARY DMM Surface Foreman Study Guide 102

FIRST AID TRAINING SUMMARY

??

Always assess the scene of the accident first to ensure safety. Treat the victim where you find them, unless you must move them from a hazardous area prior to treatment.

??

To determine which injuries must be treated first, conduct a “primary survey” to determine life-threatening injuries that must be dealt with first.

??

Multiple life-threatening injuries should be prioritized (ABC’s): airway/breathing/circulation.

??

Open airway by head-tilt, chin-lift method unless neck injury suspected. If airway is obstructed, use Heimlich maneuver if victim conscious or abdominal thrust if lying down or unconscious.

??

If victim not breathing, perform mouth to mouth rescue breathing; pinch victim’s nostril, take deep breath and blow into victim’s mouth till lungs inflated and chest rises. Inflate victim’s lungs every 5 seconds then look, listen, and feel for signs of respiration.

??

Once breathing has been re-established, check for carotid pulse to ensure circulation, and then check victim’s body for uncontrolled bleeding.

??

Bleeding from open wounds should be controlled by direct pressure using a sterile gauze bandage with firm pressure directing on the wound unless an embedded object is present. Never attempt to remove the embedded object. If bleeding is from a limb (arm/leg), elevation can be used in combination with direct pressure.

??

If bleeding is severe, and direct pressure and elevation are not effective is stopping the flow of blood, digital pressure on a “pressure point” must be used. A “pressure point” is where an artery passes over a bone close to the surface of the skin, and can be squeezed closed to control severe bleeding. There are 26 pressure points on the body; most are located on the upper arm and upper leg.

??

A tourniquet should be used only as a last resort to control severe bleeding from extreme injuries like amputation of a hand, arm, or leg. Once applied the tourniquet should not be loosened. The time that the tourniquet was applied on patient should be noted on the patient.

??

Bandages should be applied to bleeding wounds to control bleeding and prevent infection; they must be checked periodically to ensure they are not restricting circulation.

??

Injured victims should always be treated for physical shock by maintaining an open airway, keeping warm, and elevating feet (6-12”) if there is no head injury. Signs of shock include pale, clammy skin, rapid shallow breathing, and nausea.

??

Once the primary survey and necessary treatment of life-threatening injuries have been completed, a secondary survey of the victim should be made to check for other injuries while you wait for assistance from local EMS.

??

If a victim has been burned, remove burned clothing around the burn area unless it is stuck to victim’s skin.

First aid treatment for burns is directed towards excluding air from the burned area, and relieving pain, which can result in severe physical shock to the victim. Burned areas should not contact one another.

DMM Surface Foreman Study Guide 103 ??

When treating thermal burns, loosely cover the burned area with several layers of cool, moist, sterile dressing; then cover the dressings with a loose outer bandage. Check frequently for swelling which may make dressings tight. Only dry sterile dressings should be used to treat third degree burns.

??

General treatment for wet chemical burns (acid, etc.) is flushing with water; dry chemical burns (alkali/lime) must be brushed/removed from skin prior to flushing with water. Flush for 20 minutes.

??

Victims of electrical burns should be checked for both entry and exit wound/burn areas.

??

Musculoskeletal injuries such as fractures/dislocations should be supported and immobilized.

??

When moving/transporting injured victims, always support the head in line with rest of body.

??

Mine operators must provide suitable first aid materials at all work areas of a mine; first aid kits should contain materials necessary to protect the rescuer (disposable mask/gloves), and to treat injured victims.

??

Certified foremen must possess valid first aid cards, and emergency first aid procedures should be included in annual general mine safety training for all miners. Accidents involving serious personal injury or death to any person on mine property must be reported to DMM by the quickest available means, and the accident scene secured.

??

Emergency telephone numbers for State mine inspectors, rescue squad, and fire department must be posted at mine sites to expedite reporting accidents, fires (requiring more than 30 minutes to extinguish), explosions, or other serious/dangerous situations. Having joint DMM/EMS/mine operators meetings at mine sites prior to an accident can expedite assistance and establish responsibilities required by state mining laws for all parties.

DMM Surface Foreman Study Guide 104

SECTION 8

APPENDIX DMM Surface Foreman Study Guide 105

APPENDIX

LAWS AND REGULATIONS

NOT FOUND IN THE

SURFACE FOREMAN’S STUDY GUIDE

LAWS

Administration 45.1-161.1 Definitions.

Chief Department Director

45.1-161.2 Department continued appointment of Director. 45.1-161.3 Powers of Department 45.1-161.4 Powers and duties of Director. 45.1-161.5 Establishment of divisions; division heads.

45.1-161.6 Department to serve as lead agency for inspections undertaken subsequent to the issuance of a permit.

Mineral Mine Safety Act

Article 1: 45.1-161.292:2.

Definitions

Abandoned area

Active areas

Blower fan

Booster fan

Cross entry

Experienced underground miner

Intake air

Main entry

Mineral

Panel entry

Permissible

Return air Room entry

Underground mineral mine

Working place

Working section

45.1-161.292:3.

Safety and health 45.1-161.292:4.

Special safety rules.

Article 2:

All sections.

Article 3: DMM Surface Foreman Study Guide 106 45.1-161.292.16.

Meeting of the Board of Mineral Mining Examiners; compensation. 45.1-161.292.17.

Records of Board of Mineral Mining Examiners. 45.1-161.292.18.

Nominations for the Board of Mineral Mining Examiners. 45.1-161.292:22.

Replacement of lost or destroyed certificates.

Article 4: 45.1-161.292:31 Fee to accompany application for license; fund; disposition of fees. 45.1-161.292:33 Denial or revocation of license. 45.1-161:.292:34 Operating without license; penalty. 45.1-161.292:35 Annual reports; condition to issuance of license following transfer of ownership. 45.1-161.292:37 Maps of mines required to be made; contents; extension and preservation; use by Department; release; posting of map. 45.1-161.292:38 When the Director may cause maps to be made; payment of expense. 45.1-161.292:39.

Making false statements; penalty.

Article 5:

All sections

Article 6: 45.1-161.292:53 Duties of mine inspectors.

Article 7: 45.1-161.292:54 Frequency of mine inspections. 45.1-161.292:55.

Evaluation of risks at mines. 45.1-161.292:56.

Review of inspection reports and records. 45.1-161.292:58.

Scheduling of mine inspections. 45.1-161.292:61 Duties of inspectors.

Article 8: 45.1-161.292:66 Injunctive relief. 45.1-161.292:68 Prosecution of violations. 45.1-161.292:69 fees and costs

Article 9: 45.1-161.292:71 Training programs. 45.1-161.292:72 Mineral mining safety training.

REGULATIONS

Chapter 35: Certification Requirements for Mineral Mining.

Part II: Minimum Certification Requirements.

4VAC25-35-50.

Underground foreman.

4VAC25-35-70.

Surface foreman, open pit (not applicable to drilling and blasting activities).

4VAC25-35-80.

Surface blaster.

4VAC25-35-90.

Underground mining blaster.

4VAC25-35-100.

Mineral mining electrician (electrical repairman).

4VAC25-35-110.

Mine inspector. 4VAC25-35-120 General mineral miner.

DMM Surface Foreman Study Guide 107 Chapter 40: Safety and Health Regulations for Mineral Mining.

Part I: Administrative Provisions – Surface and Underground

4 VAC 25-40-10.

Definitions.

Abandoned mine

Abandoned workings ACGIH Auxiliary fan Bridle Escapeway Hoist Lay Main fan Mine opening Refuse Shaft

4VAC25-40-25 Purpose and authority

4VAC25-40-70.

Approval procedure.

4VAC25-40-90.

Documents incorporated by reference.

Part II: General Safety Provisions – Surface and Underground

4VAC25-40-240.

Waste receptacles.

4VAC25-40-385.

Mobile crane requirements for personnel hoisting

4 VAC 25-40-388.

Rope requirements.

Part IV: Fire Prevention and Control – Surface and Underground

4VAC25-40-530.

Distance of storage tanks from mine opening.

4VAC25-40-690.

Fire-resistance building near underground openings.

4VAC25-40-710.

Dust or gases.

Part V: Air Quality and Physical Agents – Surface and Underground

4VAC25-40-720.

Employee exposure limits to airborne contaminants.

4VAC25-40-760.

Silica compounds.

Part VI: Explosives – Surface and Underground

4VAC25-40-840.

Mudcapping

4VAC25-40-850.

Blasting near underground mines.

4VAC25-40-920.

Electric detonators.

4VAC25-40-930.

Non-electric blasting.

Part VII: Drilling – Surface and Underground

4VAC25-40-1060.

Moving handheld drills. 4VAC25-40-1090 Rotary jet piercing equipment

Part VIII: Boilers and pressure vessels

4VAC25-40-1280.

Boiler equipment and maintenance.

DMM Surface Foreman Study Guide 108 Part IX: Mobile Equipment – Surface and Underground

4VAC25-40-1500.

Securing electrically powered mobile equipment.

4VAC25-40-1520.

Warning lights.

4VAC25-40-1590.

Railroad equipment.

4VAC25-40-1610.

Design of chute-loading installations.

4VAC25-40-1630.

Anchoring of sizing devices.

Part XI: Travelways – Surface and Underground

4VAC25-40-1930.

Crossovers.

Part XII: Electricity – Surface and Underground

4VAC25-40-2040.

Trailing cables of mobile equipment.

4VAC25-40-2060.

Running over cables.

4VAC25-40-2080.

Making connections under load.

4VAC25-40-2090.

Insulating wires and cables.

4VAC25-40-2100.

Avoiding power lines.

4VAC25-40-2210.

Electrical transmission wires.

4VAC25-40-2130.

Shovel trailing cables. 4VAC25-40-2240 Frame grounding for trailing cables

4VAC25-40-2280.

Dust-proof and waterproof electrical equipment.

4VAC25-40-2350.

Trailing cables to be clamped.

4VAC25-40-2360.

Storing surplus trailing cables.

4VAC25-40-2390.

Lightning grounds.

4VAC25-40-2440.

Protecting power lines.

4VAC25-40-2450.

Bare power line precautions.

4VAC25-40-2480.

Lightning arrestor for telephone circuits.

4VAC25-40-2490.

Lightning arrestor for power circuits.

Part XIII: Materials Handling – Surface and Underground

4VAC25-40-2620.

Riding loads or hooks.

4VAC25-40-2640.

Handling of molten material.

4VAC25-40-2650.

Overhead crane equipment.

4VAC25-40-2660.

Overhead crane bridges.

Part XIV: Guards

4VAC25-40-2730.

Protruding sets-crews.

Part XVI: Mining Near Gas and Oil Wells

4 VAC 25-40-5750.

Notice of intent to mine near gas or oil wells.

4 VAC 25-40-5760.

Application for mining near gas or oil wells.

4 VAC 25-40-5770.

Mining plan.

4 VAC 25-40-5780.

Approval to mine near plugged gas or oil wells.

DMM Surface Foreman Study Guide 109

SECTION 9

BIBLIOGRAPHY

DMM Surface Foreman Certification Study

110BIBLIOGRAPHY

Management Memo, (various issues), The Economics Press Inc., Fairfield, NJ,

Metal / Non-metal Accident Analysis and Problem Identification Instruction Guide, MSHA IG 68, U.S. Dept. of Labor – Mine Safety and Health Administration – National Mine Health and Safety Academy, August 1988.

Mineral Mining Manual – Law & Regulations. Charlottesville, VA: Department of Mines, Minerals and Energy.

Division of Mineral Mining, Commonwealth of Virginia, 1999.

Mineral Mine Safety Laws of Virginia. Charlottesville, VA: Department of Mines, Minerals and Energy. Lexis Law Publishing, 1999.

Safety and Health Regulations for Mineral Mining. Charlottesville, VA: Department of Mines, Minerals and Energy. Division of Mineral Mining, Commonwealth of Virginia, 1998.

Surface Foreman Certification Study Guide, Virginia Department of Mines, Minerals and Energy- Division of Mines, January 1996.

Pritzker, Margie. “Setting the Tone”, Successful Supervisor – A Bulletin of Ideas and Inspiration for Those Who Manage People, (issue unknown), The Darinel Corp., Chicago, IL

Reese, Charles D. Mine Safety and Health for Small Surface Sand / Gravel / Stone Operations – A Guide for Operators and Miners, University of Connecticut Labor Education Center, 1997.

Title 30 - Code of Federal Regulations. Washington, D.C.: Superintendent of Documents, U.S. Government Printing Office, 1996.

McAteer, J. Davitt. Miner’s Manual – A Complete Guide to Health and Safety Protection On the Job, Crossroads Press, 1985.

Eninger, M.U. Operation Zero Accident Prevention Program, Normax Publications, 1981.

Record Book for Mineral Mine Operators. Charlottesville, VA: Department of Mines, Minerals and Energy.

Division of Mineral Mining, Commonwealth of Virginia, 1999.

Virginia Erosion and Sediment Control Handbook, 3rd Edition, 1992. Virginia Department of Conservation and Recreation, Division of Soil and Water Conservation, Richmond, VA.

DMM Surface Foreman Study Guide 111

Change of Operating Officials ProceduresDoc ID: DMM-P-47

Original: 302 words
Condensed: 199 words
Reduction: 34.1%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.7.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Change in Operating Officials Section Permitting Last Revised

OBJECTIVE AND INTENT:

To provide a consistent process to allow operators to update company officials.

PROCEDURES:

DMM will process company requests for a changes in their list of company officials in accordance with the procedures outlined below. All requests for changes in operating officials will be considered as amendments and must follow the amendment procedures.

  1. Change in Corporate Officials

An officer or official listed in Item 4 of the Permit/License Application (DMM-101) or License Renewal Application (DMM-157) may be changed in a corporation by the submission of a letter listing the retiring individual stating that they are no longer with the corporation. The corporation must then submit a letter listing all the new officials. In lieu of the letter the corporation may submit the revised information on the License Renewal Application form.

  1. Partnerships, Joint Ventures, Trusts, Individuals

A partnership is dissolved if one partner is removed or a new partner is added to the company. A new permit or a permit transfer will be obtained if a new partnership is formed or the old partnership is dissolved.

  1. Authorized Representatives

The owner, partner, etc. may authorize another person to act in their behalf on all matters dealing with the Division of Mineral Mining. This authorization does not relieve the owner, partner, etc. of their obligation to the Division. This authorization may be granted by listing the person on item 5 of the License Renewal Application or item 4 or 5 of the Permit/License Application.

An authorized representative listed in Item 4 or 5 of the Permit/License Application may be changed by the submission of a notarized letter from an owner or official listed in Item 4 of the Permit/License Application form.

  1. 7-1

Permittee Official Changes ProceduresDoc ID: DMLR-P-2302

Original: 311 words
Condensed: 229 words
Reduction: 26.4%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.02

PROCEDURES MANUAL ISSUE DATE March 12, 1997 SUBJECT Permittee - Official Changes Section Technical/Permitting Last Revised 2-8-93

OBJECTIVE AND INTENT:

To ensure enforcement and permitting personnel properly respond to and amend Division permit records to address change of company official(s).

PROCEDURES:

Business Entity Type:

Corporation - An officer or owner may be deleted from or added to the Division’s records when the permittee submits an affidavit, notarized letter, Board of Directors’ resolution, or other acceptable document confirming the corporate reorganization (4 VAC 25-130-778.13).

The addition of an official, director, principal stockholder, etc. will require an “Ownership and Control” update (see Procedure #2.2.05). The permittee must submit the applicable ownership and control and violation history information of DMLR-PT-034o or DMLR-PT-034p.

A change in the permittee’s legal structure (i.e., from a corporation to a partnership, single proprietorship, or joint venture) would invalidate the permit(s), thereby requiring a transfer or repermit of the existing permit(s).

Partnership - A partnership may add or drop a partner as long as there is no change in the permittee’s legal structure. If the legal structure changes or the partnership is dissolved, a transfer or repermit of the existing permit(s) will be required.

The addition of a partner(s) will require an “Ownership and Control” update (see Procedure #2.2.05).

Single Proprietorship - Any change in a single proprietorship constitutes a change of ownership, thereby requiring a transfer or repermit of the existing permit(s).

Changes in Authorized Agent(s): A person or company may be appointed to act on behalf of another to be its true and lawful agent to act in its name by the submission of an acceptable document (e.g. power of attorney) granting such authority.

Violation Inquiries: In-house violation checks and AVS checks will be conducted prior to adding any company official(s) to Division records. (See Policies #2.2.05 and #2.2.06) 1

Virginia First Class Mine Foreman Certification RequirementsDoc ID: DM-C-FCMF

Original: 407 words
Condensed: 354 words
Reduction: 13.0%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

FIRSTCLASSMINEFOREMAN

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *First Class Mine Foreman This certification authorizes the holder to: ƒ Perform all duties required by State and Federal laws and codes as certified mine foreman/examiner ƒ Record findings on pre-shift, on-shift and weekly examinations NOTE: ƒ This certification may be used to perform pre/shift – on/shift examinations at shaft/slope locations.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ 23 years of age ƒ Five years mining experience, three of which shall be underground ƒ Three years credit will be granted for mining engineering degree from an approved four year college or two years credit for a degree in mining technology ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperience Training acceptable) ƒ Hold a General Miner Certification as part of this certification (A card will be issued)

EXAMINATION REQUIREMENTS: A score of 85% on each element of the examination

ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Dust (DU) 20 ƒ Electrical (EL) 20 ƒ Explosives (EX) 20 ƒ First Aid (FA) 20 ƒ Fires and Explosions (FX) 20 ƒ Haulage (HA) 20 ƒ Mine Gases (MG) 20 ƒ Mining Laws (ML) 50 ƒ Ventilation (VE) 20 ƒ Federal Regulations (FR) 20

  • continued on back-ƒ Records Pre-shift/On-shift (PO) Weekly Examination (WE) Practical Exercises (PS) -Ventilation -Roof Control -Emergency Response ƒ Map - ventilated per instructions (MA) ƒ Gas Detection - practical demonstration

RECOMMENDED REFERENCE/STUDY MATERIALS: ƒ Title 30 CFR Parts 48, 70, 75 ƒ Coal Mine Safety Laws of Virginia ƒ BCME Requirements ƒ Practical Map and Records ƒ First Class Mine Foreman Study Guide ƒ First Aid For Miners Study Guide ƒ Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 4 hours of biannual continuing education required to update this certification.

Revised 06/02/08

Coal Miner Certification RequirementsDoc ID: DM-G-16137A

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DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 3

CERTIFICATION OF COAL MINE WORKERS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.37.A.

General Coal Miner Certification

All employees, who commence working in a Virginia coal mine after January 1, 1996, shall possess a general coal miner certificate issued by the Board of Coal Mining Examiners. If a miner can confirm working in a Virginia coal mine at anytime prior to January 1, 1996, he may elect to secure a General Coal Miner certification, but will not be required to possess this certification. Employees of independent contractors (such as coal truck drivers and surveyors) who are involved in mining or processing activities at a licensed Virginia coal mine shall possess a General Coal Miner Certificate as outlined above. For example, explosive distributors that provide services in loading and detonating blasts at surface mine operations are required to hold a General Coal Miner Certificate. A coal company may engage experienced miners from other states in testing and evaluating of operating equipment as part of the screening for employment prior to those persons holding a General Coal Miner Certification. These workers must receive hazard and task training, and be tested under direct supervision of responsible company officials.

General Coal Miner certification is granted by the Board of Coal Mining Examiners separately for surface and underground. A miner working at an underground operation or the surface area of an underground operation must secure the Underground General Coal Miner certification except coal truck drivers that haul coal only. A Surface General Coal Miner certification is required for contractor and mine coal truck drivers. The Surface General Coal Miner certification is required at all other licensed surface operations.

If a miner requiring General Coal Miner Certification does not possess this certification, a notice of violation shall be issued and the operator will be allowed until the beginning of the next shift to complete the training for the affected miner. If the training is not completed in the allotted time period, a closure order for failure to abate will be issued requiring that the affected miner be removed from the mine.

Underground Coal Mine Emergency Medical StandardsDoc ID: DM-G-161199

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DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 12

FIRST AID EQUIPMENT; MEDICAL

CARE; EMERGENCY MEDICAL SERVICES PERSONNEL Issue Date: 4/10/00 Revised Date: Page 1 of 5 Section 45.1-161.199.

Certified Emergency Medical Services Personnel

Mandated Emergency Medical Services Personnel at Underground Mines and Additional Equipment Required for Advanced First Aid, EMT, and First Responder Underground

This section of the MSA mandates that emergency medical services personnel be available at all underground coal mines in sufficient numbers to assure response to an injured miner within a reasonable time when miners are working at that mine. The operator may elect to utilize emergency medical technicians (EMT), EMT first responders or advanced first-aid trainees. EMT and EMT first responders are certified by Virginia EMS and when employed by the operator must fully meet EMS certification standards. Advanced first aid trainees are certified by the Board of Coal Mining Examiners and must meet Board certification standards including annual retraining and current CPR certification.

Sufficient numbers of emergency medical services personnel must be available at all underground coal mines to enable response time to any emergency at the mine not to exceed fifteen minutes from time of notification. It is important that the mine inspector evaluate the availability of the number and location of emergency medical services personnel during inspection activities. Careful consideration should be given to those operations where only one EMT or responder is available on a shift. Contingencies for when that certified person is absent from the mine should be reviewed. Mine records should be reviewed in determining when and how contingencies were implemented.

Those underground mine operators electing to utilize advanced first aid trainees must have at least one trainee available if less than five miners are employed. Two or more trainees must be available on each shift when more than five miners are employed.

Alternative approaches to the use of advanced first aid trainees may be submitted by the operator to the Chief for approval. The mine inspector should evaluate at multiple sections and multiple shift mines the need for more than two advanced first aid trainees to respond to emergencies. In all situations where mine operators elect to use advanced first aid trainees additional personnel above the minimum should be encouraged.

Failure to have the required certified emergency medical services personnel available at an underground mine where miners are working is a violation of the MSA. Inspectors should issue a notice of violation with an abatement date of two working days. Where availability and employment of certified emergency medical services personnel at a mine under notice of violation is not achieved within two working days, an extension of an additional three working days may be granted by the inspector if justified by the operator.

Emergency medical services personnel are not required at licensed underground coal mines when the operation is in non-production status and only mine examinations are being performed, when reclamation work is being done at the mine, and when the mine is performing initial face-up work from the surface.

“Necessary equipment” required for an EMT is as follows or as otherwise approved by the Chief:

I.

Equipment to be located on the working section or area of work activities:

  1. Portable suction apparatus with wide-bore tubing and rigid pharyngeal suction tip
  2. Hand-operated bag mask ventilation unit with adult size mask. Clear mask is preferable. Valves must operate in cold weather, and unit must be capable of use with oxygen supply.
  3. Mouth gag or bite stick made of wood or plastic (2)
  4. Dressings: (a) Trauma dressing, approximately 8” x 10” – 6/8 ply when folded, sterile and individually wrapped (4) (b) Gauze pads, 4” x 4” sterile and individually wrapped (24) (c) Occlusive dressing – petroleum gauze (6) or aluminum foil 18” x 25’ (1 roll or plastic wrap 18” x 25’, one roll) shall be acceptable
  5. Bandages: (a) Roller or conforming gauge type in 2”, 3”, or 4” widths (12 total) (b) Triangular or cravat type, 36” x 26” x 51”, triangle unfolded (10)
  6. Plain adhesive tape (4 rolls)
  7. Large safety pins
  8. Shears for bandages
  9. Blood pressure manometer, cuff and stethoscope
  10. Uncomplicated inflatable splints
  11. Oropharyngeal airways in adult size (3) 10. Mouth-to-mouth artificial ventilation airways for adults (3) 11. Latex examination gloves (1 dozen) 12. Resuscitation mask with one-way valve (2)

II.

Equipment to be centrally located at the mine site:

  1. Portable oxygen equipment with adequate tubing and semi-open valveless, transparent mask in adult size
  2. Two-sterile burn sheets
  3. Padded board splints for splinting fractures of the lower extremities (2 or more each)
  4. Short and long spine boards with accessories or two (2) split metal stretchers with accessories.

III.

Equipment recommended to be located at the mine site*:

  1. Padded board splints for splinting fractures of the upper extremities (2 or more each)
  2. Cervical collars (1 medium size and 1 large size)
  • Recommendation only – not a requirement

This listing reflects the equipment necessary to provide care to critically ill or injured personnel based on training and certification requirements of the EMT.

“Necessary equipment” required for a first responder is as follows or as otherwise approved by the Chief:

I.

Equipment to be located on the working section or area of work activities.

  1. Dressings: (a) Trauma dressing, approximately 8” x 10” – 6/8 ply when folded, sterile and individually wrapped (4)

(b) Gauze pads, 4” x 4” sterile and individually (24)

(c) Occlusive dressing – petroleum gauze (6) or aluminum foil 18” x 25’ (1 roll) or plastic wrap 18” x 25” (1 roll) shall be acceptable

  1. Bandages (a) roller or conforming gauze type in 2”, 3”, or 4” widths (12 total) (b) Triangular or cravat type, 36” x 36” x 51” triangle unfolded (10)
  2. Plain adhesive tape (4 rolls)
  3. Large safety pins
  4. Shears for bandages
  5. Uncomplicated inflatable splints
  6. Mouth-to-mouth artificial ventilation airways for adults (3)
  7. Latex examination gloves (1 dozen)
  8. Resuscitation mask equipped with one-way valve (2)

II.

Equipment to be centrally located at the mine site:

  1. Two sterile burn sheets
  2. Padded board splints for splinting fractures of the lower extremities (2 each)
  3. Short and long spine boards with accessories or two (2) split metal stretchers with accessories

III.

Additional equipment recommended to be located at the mine site*.

  1. Padded board splints for splinting fractures of the upper extremities (2 or more each)
  2. Cervical collars (1 medium size and 1 large size)
  • Recommendation only – not a requirement

This listing reflects the equipment necessary to provide care to critically ill or injured personnel based on training and certification requirements of the first responder.

“Necessary Equipment” Required for Advanced First Aid Trainees is as follows or as otherwise approved by the Chief:

  1. One stretcher
  2. One broken backboard (if a splint-stretcher combination is used, it will satisfy the requirements of both A and B)
  3. 36 Triangular bandages
  4. 8 four inch bandage compresses
  5. 24- 4”x 4” gauze pads
  6. 8 two inch bandage compresses
  7. 12 one inch adhesive compresses (band-aids)
  8. One foille
  9. Two full size wool blankets (at least 6’ x 6’) 10. One rubber blanket or equivalent substitute (DM would accept another wool blanket as described in 9) 11. Two tourniquets 12. One one-ounce bottle of spirits of ammonia or one dozen ammonia ampules 13. Two inflatable plastic arm splints – two inflatable plastic leg splints Two rigid wood splints 24” x 3.5” x 1/8” or wire ladder splints Two rigid wood splints 32” x 4” x 1/8” Two rigid wood splints 40” x 4” x 1/8” 14. Two rigid cervical collars (one medium, one large) (Stiffneck, Philadelphia or Vertebrace type) 15. One dozen pair latex examination gloves 16. 2 resuscitation masks equipped with one-way valve 17. 3 adult oropharyngeal airways (different sizes) 18. 4 rolls adhesive tape (at least one inch wide) 19. One pair medical-type scissors or medical-type shears 20. 2 Sterile burn sheets 21. One dozen paper or styrofoam cups (non-folding type) 22. Dressings (a) Four trauma dressings, at least 8” x 10” sterile and individually wrapped (b) Occlusive dressings – 6 petroleum gauze or one roll aluminum foil (18” x 25’) or one roll plastic wrap (18” x 25’) (c) Three rolls kling gauze (2”, 3”, or 4” wide) 23. Eye wash-irrigating solution (2 four ounce bottles or equivalent) 24. 4 cold packs

This listing reflects the equipment necessary to provide care to critically ill or injured personnel based on training and certification requirements of the advanced first aid trainee.

Virginia Mineral Mine Safety Regulations and Risk AssessmentDoc ID: DMM-M-03-99

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DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

COMMUNICATIONS MEMORANDUM 03-99 July 16, 1999

REFERENCE: Mineral Mine Safety Laws of Virginia 1998 Edition—Section 45.1-161.292:2.

Definitions.

"Independent contractor" means any person that contracts to perform services or construction at a mine.

Mineral Mine Safety Laws of Virginia 1998 Edition—Section 45.1-161.292:32.A.5.

Application for license.

No application for a license or a renewal thereof shall be complete unless it contains "Such information required by the Department that is relevant to an assessment of the safety and health risks likely to be associated with the operation of the mine..".

Mineral Mine Safety Laws of Virginia 1998 Edition—Section 45.1-161.292:55.

Evaluation of risks at mines.

For the purpose of allocating the resources of the Department to be used for conducting additional inspections, the Department shall develop a procedural policy of scheduling such inspections based on an assessment, to be made not less frequently than annually, of the comparative risks at each underground mineral mine and those surface mineral mines that are not inspected by the Mine Safety and Health Administration. The Department's procedural policy shall be prepared with the assistance of working groups consisting of persons knowledgeable in mine safety issues. The issuance of the procedural policy shall be exempt from Article 2 (§9-

  1. 14:7.1 et seq.) of the Administrative Process Act. Variables to be included in the risk assessment measures shall include, but not be limited to: (i) fatality and serious accident rates at the mine; (ii) the rates of issuance of closure orders and notices of violations of the mine safety laws of the Commonwealth at the mine; and (iii) the frequency rates for non-serious accidents or nonfatal days lost. Risk assessments shall be developed for both independent contractors and individual mine sites.

INQUIRY: DMM has received questions from mineral mine operators regarding the contractor information to be reported on the Mineral Mining Annual Tonnage Report. These questions deal with which contractors are to be reported, whether contractor wages have to be reported, and how operators can find the DMM Contractor Number for a specific, contractor.

REVIEW: The Mineral Mine Safety Laws of Virginia require that DMM implement a risk assessment for contractors working on mineral mine sties. These laws further direct DMM to develop the contractor risk assessment process with the assistance of industry work groups. In compliance with these laws, a work group of mineral mining industry and DMM officials met in June of 1998 to determine the process of assessing risk for mineral mine contractors.

1 The work group decided that contractor risk should be assessed separately from the mine risk. The risk parameters to be used for contractors will be the same parameters that are used for mineral mines. These parameters are: Accident frequency Number of fatal accidents Number of serious accidents Number of closure orders for violations in the areas of explosives ground control, mobile equipment, and walkways and travelways.

New contractor status (first time they appear in the data base at a mine site)

Contractor information must be reported annually by February 15 on the Mineral Mining Annual Tonnage Report (Form DMME-146) in order to allow DMM to compile the mine and contractor risk assessments. Mine operator and contractor work hours are essential to completing the assessment and as such, must be accurately reported.

A risk assessment will be conducted for each contractor; therefore specific information must be reported for each contractor.

DIVISION DIRECTIVE: The Risk Assessment Advisory Committee agreed to include the following contractor categories in the contractor risk assessment: Extraction and processing contractors (drillers, blasters, portable crushers, stripping and land clearing contractors, etc.).

Maintenance and repair contractors for mobile and stationary equipment (welders, mechanics, painters, electricians, etc.).

Construction contractors (plant construction, repair and maintenance, electricians, concrete fabricators, equipment erectors, etc.).

In essence, all contractors that are connected with the extracting and processing of minerals and all contractors that are involved in mine site construction and maintenance of the extraction and processing equipment are to be reported on the Mineral Mining Annual Tonnage Report by February 15 of each year.

Contractor name and number, number of contractor workers, number of contractor hours worked on the mine and contractor wages, where available, must be reported.

Contractor wages or the operator's total production wages are not to be reported as an hourly rate. The report shall show the total wages paid by the operator and the total wages paid by each contractor at the site.

Contractor wage information, while not specified in the law, should be reported if at all possible. Mines, where the contractor is actually a production operator and responsible for the mine's production, must provide wage information. The wage information included on the Tonnage Report provides a valuable tool for assessing the economic value of the mineral mining industry and is often used when deciding the effect of rules, regulations and the provision of government services on an industry or group.

Contractor information and work hours are to be reported for each individual contractor. This allows information for a contractor to be reported by the licensed 2 mine operator of each mine where the contractor worked during the report year.

DMM will then compile the information from various mines and conduct a risk assessment calculation for the individual contractor.

Once a contractor is first reported to DMM, the division issues a unique contractor identification number to the contractor. Contractors or mine operators may contact DMM to get DMM Contractor Numbers. Operators may also request a list of the contractors associated with a particular mine permit. DMM is currently working to establish an Internet web site. Once that site is operational, contractor lists with DMM Contractor Numbers will be available on the Internet. DMM will notify operators when the web site is operational. Contact Jamie Dunivan (434-951-6314) or Mark Goff (434-951-6313) for information on contractor numbers.

NOTE: Accidents and injuries involving contractor employees as well as mine employees must be reported to the Division of Mineral Mining. See Communication Memorandum No. 1-99 for information on reporting non-serious and non-fatal injuries.

ATTACHMENT: Mineral Mining Annual Tonnage Report (DMM-146)

3 COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY DIVISION OF MINERAL MINING 900 Natural Resources Drive P. O. Box 3727 Charlottesville, VA 22903 (434) 951-6310

MINERAL MINING ANNUAL TONNAGE REPORT

REPORT FOR CALENDAR YEAR

1. COMPANY NAME PERMIT NO.

2. TOTAL TONS PRODUCED

  1. WORKERS—Include the number of full or part-time persons who worked for any part of the period covered by this report. Include all owners, officers, clerical help, engineers and others who worked at the mine.

NUMBER NUMBER TOTAL OFFICE OFFICE PRODUCTION PRODUCTION OFFICE PRODUCTION HOURS WAGES WORKERS HOURS WORKERS WAGES PIT/PLANT

REPORT REQUIRED BY LAW—Code of Virginia, Title 45.1, Chapter 14.4:1, Section 45.1-161.292:35.A requires this form to be filled out and returned to this office by the 15th day of February. Operations that do not submit tonnage reports may be subject to closure.

I, the undersigned, hereby certify that all information provided on this report is true and accurate to the best of my knowledge and belief. I further certify that all occupational injuries occurring on the mine site have been reported for calendar year .

SIGNED TITLE DATE

PLEASE PRINT YOUR NAME

DMM-146

REV. 10/02

Underground Diesel Engine Mechanic Instructor CertificationDoc ID: DM-C-UDEMI

Original: 465 words
Condensed: 391 words
Reduction: 15.9%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS Website: http://dmme.virginia.gov/dm/default.htm

UNDERGROUNDDIESELENGINEMECHANICINSTRUCTOR

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Underground Diesel Engine Mechanic Instructor

This certification authorizes the holder to: ƒ Teach diesel engine mechanic initial and retraining courses as required by the Division of Mines

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Hold a valid diesel engine mechanic certification and provide teaching experience ƒ Hold a General Miner Certification ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

EXAMINATION REQUIREMENTS: Diesel Engine Mechanic Examination score may be used in lieu of taking the examination if certifications are received at the same time. All instructors must be monitored by a DM Representative prior to issuance of Instructor certification and may be asked to co-teach a class with a DM Instructor.

PRIOR TO INSTRUCTING A CLASS (INITIAL OR RETRAINING): ƒ Instructors must hold a valid Diesel Engine Mechanic and Diesel Engine Mechanic Instructor certification issued by the Board of Coal Mining Examiners ƒ Notify the DM Regulatory Boards Administrator in writing 10 working days prior to class

  • Instructor’s name
  • Social Security No.
  • Certification No.
  • Projected number of students (if possible)
  • Location, date, time of scheduled class

PRIOR TO COMPLETING CLASS: ƒ Provide DM Regulatory Boards Administrator with class roster and schedule a tentative examination date ƒ Have students complete application, DM-BCME-1 and submit $40.00 fee (checks made payable to Treasurer of Virginia)

  • continued on back -ƒ Student attendance sheet must be submitted by instructor at the end of class or on exam date if class attendance is used for experience. This must contain student’s name, address, social security no., and each date attended.

RECOMMENDED REFERENCE/STUDY MATERIALS: ƒ BCME Requirements ƒ Diesel Engine Mechanic Study Guide ƒ DMME Course Instructor’s Manual where available ƒ Rules and Regulations Governing the Use of Diesel Powered Equipment in

Underground Coal Mines ƒ First Aid for Miners Study Guide

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • Applicant shall maintain certification as required by 4 VAC 25-20-200 BCME Regulations – teach at least one approved diesel mechanic course every two years or at least one approved diesel engine mechanic continuing education course every year.

Revised 06/02/08

Bond Reduction and Release GuidanceDoc ID: DMLR-G-07-03

Original: 528 words
Condensed: 353 words
Reduction: 33.1%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 7-03 Issue Date: September 3, 2003, Revised April 21, 2008 Subject: Bond Reduction/Release Applications and Completion Reports

In order to expedite the review processes and to incorporate these activities into the electronic permitting process, this memorandum sets out the portions of the electronic permit application (DMLR-PT-034E) that must be addressed (where applicable) in conjunction with an application for reduction/release of a permit’s performance bond and the submittal of completion reports.

Applications for Performance Bond Reduction/Release

Section(s) Item/Narrative/Attachment

  1. 14, 7.5, 20.8 Remining documentation.
  2. 6 Enter the code of “BR” to designate bond reduction/release.
  3. 16 Section(s) to be modified by the application.
  4. 6 Public notice required by 4 VAC 25-130-800.40 (a)(2) VCSMRR2.
  5. 12 Amount of any acreage being deleted.
  6. 6 Land use information.
  7. 7 Ground cover/Tree transects (DMLR-PT-224) and hayland/pasture productivity form (DMLR-PT-012, revised 8/03).
  8. 6 Documentation of whether any required mitigation achieved.
  9. 4 Seeding reports (DMLR-PT-011). 19.1 Narrative – (Note: If the application involves incremental bonding, the narrative shall identify the specific bond reduction amount for each increment.)

Application for Performance Bond Release (DMLR-PT-212) 21.1 Landowner letters, affidavits, notarization of reclamation, Certification-application for permit (DMLR-PT-034D) 21.2 Maps (pdf or dwf version) 21.4 Map legend (DMLR-PT-017) 21.5 Include an AutoCAD dwg version of the map(s) in Section 21.2.

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 Virginia Coal Surface Mining Reclamation Regulations, as amended.

GUIDANCE MEMORANDUM No. 7-03 Revised: April 21, 2008 Subject: Bond Reduction/Release Applications and Completion Reports Page 2 of 2

Completion Reports

Section(s) Item/Narrative/Attachment

  1. 6 Enter the code of “CR” to designate completion report
  2. 16 Section(s) to be modified by the application.
  3. 12 Amount of any acreage being deleted.
  4. 4 Seeding reports (DMLR-PT-011). 19.1 Narrative – (Note: If the application involves incremental bonding, the narrative shall identify the specific bond reduction amount for each increment.) 21.1 Certification-application for permit (DMLR-PT-034D) 21.2 Maps (pdf or dwf version) 21.4 Map legend (DMLR-PT-017) 21.5 Include an AutoCAD dwg version of the map(s) in Section 21.2.

If there are any pending revisions to the permit under review by DMLR (or revision(s) which may be needed to facilitate the bond reduction/release or completion), the applicable revision(s) should have final approval/action prior to a request for a data dump for the bond reduction/release application or completion report.

Should you have any questions regarding bond reduction/release, completion reports, or the electronic permitting requirements, please contact the Division of Mined Land Reclamation’s Reclamation Program Manager at (276) 523-8160 or 523-8202.

Coal Combustion By-Product Use GuidelinesDoc ID: DMLR-G-CCB

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DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

Coal Combustion By-Products Guidelines

The Department of Mines, Minerals and Energy’s (DMME) Division of Mined Land Reclamation (DMLR) will implement the requirements of “Coal Combustion By-Product Regulations” under §9 VAC 20-85 et. seq. for the use of coal combustion by-products (CCB) on permits issued under the Virginia Coal Surface Mining Reclamation Regulations.

These guidelines establish minimum standards for the owners or operators of coal surface mining permits that wish to accept CCB for mine reclamation or mine refuse disposal on a DMME/DMLR permitted site.

An application to use CCB on a DMME permit must provide or comply with the following administrative requirements and management standards –

Section I – ADMINISTRATIVE REQUIREMENTS

A. The permit application must provide a demonstration of legal right to enter and begin surface coal mining and reclamation operations for the CCB site, as required by

§4VAC25-130-778.15.

B. The notification requirements of §4VAC 25-130-773.13(a) shall apply and the public notice advertisement and notice to the local governing bodies must make specific reference to the proposed use of CCB.

C. The permit application shall provide a general description of the intended uses of the CCB, as part of the operation plan (Section 10). The operation plan shall provide – 1) A description of the nature, purpose, and location of the CCB site, and how the CCB will be stored prior to use, if applicable. Reference should be made as to where in the application the location of the CCB site is identified on the applicable permit application and/or geologic maps 2) The estimated beginning and ending dates for the CCB operation. 3) An estimate of the volume of CCB that will be utilized. 4) A description of the proposed type of CCB to be used, including the physical and chemical characteristics of the material. The chemical description shall contain the results of the chemical analysis (TCLP) conducted per §9VAC20-60 for the constituents identified under Table 1 of §9VAC20-85-150 (A)(3)(d). The description shall contain a statement that the project will not manage CCB that contain any constituent at a level exceeding those identified in Table 1 of §9VAC20-85-150 (A)(3)(d). 5) An assessment of the environmental impacts when CCB use will involve mixing, layering, or blending with mine spoil or refuse. Acid-base testing and balancing must be conducted on all materials to be used, including the CCB so the proper assessment may be rendered. If CCB is to be placed in refuse subject to quarterly acid-base testing, the CCB must also be tested quarterly for acid-base accountability.

Coal Combustion By-Products Guidelines Updated: April 21, 2008 Page 2 of 4

D. The location restrictions and design/construction details identified in Section II, Management Standards, must be certified by a registered professional engineer licensed to practice in the Commonwealth of Virginia. The certification shall not contain any qualifications or exemptions from the requirements of these guidelines and/or §9VAC20-85 et. seq.

E. The permit application shall include operational and closure plans describing how the standards of Section II will be met.

F. Once a permit is issued, the permittee may modify the design and operation of the project by submitting a revision application to the DMLR. The revision shall include a new certified operational and/or closure plan.

Section II – MANAGEMENT STANDARDS

Location Restrictions - Consistent with §9VAC20-85-70, CCB shall not be placed –

A.

In areas subject to base floods unless it can be shown that CCB can be protected from inundation or washout and that flow of water is not restricted;

B.

With the vertical separation between the CCB and the maximum seasonal water table or bedrock less than two feet;

C.

Closer than (all distances are to be measured in the horizontal plane) – 1) 100 feet of any perennial or intermittent stream (§4VAC25-130-816.57 or §4VAC 25-130-817.57); 2) 100 feet of any water well (other than a monitoring well) in existence at the onset of the project; 3) 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones; 4) 100 feet of a sinkhole; or, 5) 25 feet from the permit boundary.

D.

In wetlands, unless applicable federal, state, and local permits are obtained;

E.

On the site of an active or inactive dump, unpermitted landfill, lagoon, or similar facility, even if such facility is closed.

Operational Plan, Including Closure – The permit application operations plan addressing the CCB site shall be prepared in accordance with §§4VAC25-130-780.11, 4VAC25-130-780.18, 4VAC25-130-780.21, 4VAC25-130-780.25, 4VAC25-130-780.29, and 4VAC25-130-780.35 or the comparable sections of Part 4VAC25-130-784. The plan shall include –

A.

Cross-sections and applicable maps identifying the CCB location.

B.

Design standards for -1) Run-on, grading, and run-off; 2) Placement and compaction; and, 3) Side slopes and top slopes which shall be in accordance with the applicable requirements of Parts 4VAC25-130-780 or 4VAC25-130-784 and the Coal Combustion By-Products Guidelines Updated: April 21, 2008 Page 3 of 4

performance standards of Parts 4VAC25-130-816 or 4VAC25-130-817 in order to -a) Control and reduce the infiltration of surface water through the CCB and to control the run-off from the placement area to other areas and to surface waters, b) Ensure stability, c) Control erosion of the fill slopes, and d) Prevent ponding of water on the top of the fill.

C.

The measures that will be taken to ensure run-off will not be permitted to drain or discharge into surface waters, unless such is authorized under the NPDES permit.

D.

A narrative as to how, once the final grade is attained, the placed material shall be covered in accordance with the requirements of §§4VAC25-130-816.22, 4VAC25-130-816.71(g), and 4VAC25-130-816.83(b) or the comparable sections of Part 4VAC25-130.817.

E.

A description of the storage, stockpiling, or other processing/handling practices of the CCB which may be used prior to the final placement or use, reuse, or reclamation of the CCB, so as to protect human health and safety and the environment.

F.

The efforts to be employed to prevent and control the tracking of mud or CCB onto public roads, so as to minimize nuisances.

G.

The methods that will be used to control fugitive dust at the site so that it does not become a nuisance or hazard. The fugitive dust control plan will also be reviewed by the Department of Environment Quality’s (DEQ) Air Division.

H.

Acknowledge and certify that the CCB does or shall not contain any solid waste, including but not limited to hazardous, infectious, construction, debris, demolition, industrial, petroleum contaminated soil, or municipal solid waste (as prohibited by §4VAC25-130-816.89 or §4VAC25-130-817.89. The prohibition does not apply to solid wastes from the extraction, beneficiation, and processing of ores and minerals, including coal, conditionally exempted under §9VAC20-80-160 (A)(2) of the Solid Waste Management Regulations.

Probable Hydrologic Consequences (PHC) Assessment and Water Monitoring Plans –

A.

The NPDES monitoring will be in accordance with the DMLR NPDES program.

B.

The PHC assessment shall address the use of CCB on the permit site.

C.

Surface and/or ground water monitoring shall be conducted in accordance with the approved NPDES and permit requirements.

Miscellaneous -

A.

Slurry injection of CCB into mine voids shall be addressed under §4VAC25-130-816.41(i) or §4VAC25-130-817.41(h) and the EPA UIC requirements.

B.

The use of CCB as a soil amendment shall be in accordance with the requirements of the Virginia Department of Agriculture and Consumer Services (VDACS) or the DEQ/DMME. If VDACS approves the CCB as a soil amendment, no Coal Combustion By-Products Guidelines Updated: April 21, 2008 Page 4 of 4

additional testing is necessary. However, if VDACS approval is not received, DMME in consultation with DEQ may require information and testing.

C.

Pursuant to §9VAC20-85-170, a variance to these guidelines may be granted if the applicant or operator seeking to use CCBs demonstrates to the DMME and DEQ satisfaction that granting the variance will not result in an additional risk to the public health or the environment beyond the risk which would be imposed without the variance.

Should you have any questions concerning these guidelines, please contact the Technical Services Manager at (276) 523-8156.

Guidance on Transfer of Skills and AssessmentDoc ID: DM-M-06-03F

Original: 647 words
Condensed: 647 words
Reduction: 0.0%

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allTraining for instruction; Self-rescue Materials of device models used. CourseExisting courses Self-rescue specifications. training devicesto

all at and of self- another include clip of used include and the the in one to the minimum use shall simulating explaining nose Methods training will donning the demonstration devices from device device. or theAddendum a training This in opening while on activating inserting insertion devices mouthpiece, miners; task48.5 Training hands-on mine. the Training rescue instruction, and self-rescue the assuming position, device, device, mouthpiece this proper of putting hands-on transferring self-rescue self-rescue newPart of of in in covers All still is respiratory only 48.5(b)(2) transferring conducted outlined Training and plan devices. as and 48.5 training addendum course training Subject: Part Self-rescue devices. This donning self-rescue other this the required. of one to transfer. portion effectively to determined from and ability to this be Method(s) evaluatedbe of don device willPlan will ability transfer trainee’s and course their the Evaluation Trainees on don self-rescue another. Completion the by successfully Training all for Self-rescue Materials device models used. CourseExisting Self-rescue specifications. training devices to all on from of the to self- include at of the device. the the hands-on the of putting used include simulating explaining device use shall Methods training and and the demonstration donning will or transferring a training. in opening while clip in self-rescue activating inserting insertion devices devices This hands-on task nose self-rescueAddendum Training miner Training rescue instruction, and rescue mine. assuming position, device, device, mouthpiece this proper mouthpiece, the training one another

of in48.6 in covers All still is respiratory onlyPart transferring conducted outlined Experienced and plan devices. as 48.6(b)(12) and 48.6 training addendum course training Part Subject: Self-rescue devices. This donning self-rescue other this the required. of one to transfer. portion effectively to determined from and evaluated ability to this be Method(s) be of don will ability transferPlan device will trainee’s and course their the Evaluation Trainees on don self-rescue another. Completion the by successfully

allTraining for Self-rescue Materials device models used.

Course Self-rescue specifications. training devicesExisting to this all and self- of the proper another include at position, activating the clip of and in one to Methods demonstration use shall used include simulating nose training device, or donning inserting from device device. the and will explaining the a training in the on devices devices training. This mouthpiece, Training hands-on whileAddendum device, the Training rescue instruction and rescue mine. assuming opening the mouthpiece task insertion of putting hands-on transferring self-rescue self-rescue 48.8 of in refresher in covers All still isPart respiratory only conducted outlined Annual 48.8(b)(8) transferring and plan devices. as 48.8 and training addendum Subject: course training Part Self-rescue devices. This donning self-rescue other this the required. of don one portion trainee’s effectively to from evaluated to this be the Method(s) be of by device willPlan successfully will ability transfer to and transfer. course their Evaluation Trainees on don self-rescue another. Completion the determined ability andTraining all for Self-rescue Materials device models used.Existing Course Self-rescue specifications. training devicesto on from self- the include hands- mine. opening of the and rescue assuming the of putting hands-on the simulating explaining device use shall Methods all at and and or the of activating transferring self-rescue position, in while clip in used include inserting insertion devices willAddendum device, task nose self-rescue Training training another demonstration donning Training rescue a on devices This a the device, mouthpiece this proper mouthpiece, the training one to device.

of in training.48.11 in covers All still is respiratory onlyPart Hazard transferring conducted outlined and plan devices. as 48.11(a)(4) 48.11 and training addendum course training Part Subject: Self-rescue devices. This donning self-rescue other this the required.

Tree Planting Enforcement ProceduresDoc ID: DMLR-P-3317

Original: 365 words
Condensed: 316 words
Reduction: 13.4%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.17

PROCEDURES MANUAL ISSUE DATE August 30, 2005 SUBJECT Tree Planting Section Enforcement Last Revised

OBJECTIVE AND INTENT :

To ensure the permittee plants the required trees and shrubs in accordance with the approved detailed plans as contemporaneously as practical in order to initiate the post mining land use for each area of the permit in which the inspector has approved regrading.

PROCEDURES:

Trees and shrubs, including stream buffer zone mitigation planting, must be planted in accordance with the approved detailed plans. Generally, the permit’s reclamation plan requires trees and shrubs to be planted during the first favorable planting season following backfilling and regrading.

First Favorable Planting Season -

In the event the permittee failed to plant trees and shrubs during the first favorable planting season after backfilling and regrading, the inspector would issue a non-remedial Notice of Violation (NOV). The violation would cite the permittee for failure to plant trees and shrubs in accordance with the approved detailed plans and Section 4 VAC 25-130-773.17(c) of the regulations. The NOV would be issued during the 1st complete inspection after the spring planting season. The inspector shall also document in the inspection report the number of acres where trees and shrubs have not been planted.

In addition, during the subsequent 4th and 1st quarters’ complete inspections, the Inspector will remind the permittee (and document by the inspection report) that trees and shrubs must be planted for the approved regraded areas during the next favorable planting season.

Second Favorable Planting Season –

Should the permittee fail to plant trees and shrubs by March 31st of the following year, the inspector will issue a NOV for failure to perform contemporaneous reclamation. This violation shall cite Section 4 VAC 25-130-816.100 or 4 VAC 25-130-817.100 of the regulations. A short abatement date (2 to 3 weeks at most) shall be given for compliance.

If the permittee fails to comply with the NOV, the inspector shall issue a failure to abate Cessation Order (COFTA). In addition, the inspector would also initiate a review to determine if a pattern of violations exists in accordance with Procedure No. 3.3.10 “Show Cause Order and Permit Suspension/Revocation”. 1

Government Guidance on Coal Removal ExemptionsDoc ID: DMLR-P-2106

Original: 2,310 words
Condensed: 1,835 words
Reduction: 20.6%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Exemptions on Government Finance Construction Projects Section Technical/AML/Reclamation Services Last Revised 8/25/2010

OBJECTIVE AND INTENT:

To ensure that a government financed project, which may involve the removal of coal, meets the exemption criteria of Part 4 VAC 25-130-707 of the regulations and complies with the DMME/DMLR/DM “Guidelines for Coal Removal Associated with Government Financed Construction”.

PROCEDURES:

General - Determining Regulatory Requirements

Upon receipt of a written request for site exemption from DMME mine licensing and permitting regulations, the Reclamation Program Manager (RPM) will review the request and all applicable data; assign a team to assist in this effort; visit the site if necessary; and, make the determination as to whether an exemption is warranted.

DMLR Initiates Exemption Determination Process -

A Field Inspector may locate an active construction project, which plans to remove or is removing coal. If the extraction of coal is incidental to a government financed construction project, it is exempt from the coal surface mining regulatory program as long as the operations comply with the terms and conditions of the project.

When finding a project that is not under a DMLR permit, or has not obtained an exemption determination, the Inspector will initiate an inspection of the site (see Procedure #2.1.03) to determine whether the project is exempt from the Act. This will be done in coordination with DM to determine whether a mine license application for the site has been submitted or will be required.

Whenever the project removes more than 250 tons of coal, certain documents must be maintained at the project site. The documents should include the information required by 4 VAC 25-130-707.12 of the regulations.

In reviewing the project information, the Inspector will focus on the documents which:

  • describe the construction project;
  • set forth the exact location of the construction, right of way, or boundaries of the area which will be directly affected by the construction;
  • list the government agency which is financing the project (noting the kind and amount of public financing, and the percentage of the entire construction costs represented by government financing); 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Exemptions on Government Finance Construction Projects Section Technical/AML/Reclamation Services Last Revised 8/25/2010

  • identify the government agency contact person; and,
  • an estimate of the anticipated amount of coal which may be removed during the project; whether such coal would be commercially sold; and whether the coal removal is necessary for the project completion.

The Inspector will contact the person representing the government financing authority for verification of the information and to ensure any coal extraction does not go beyond the scope of the project. The Inspector shall monitor the project at least monthly or as needed to verify that the operation continues to meet the exemption criteria. These reviews shall be documented in an inspection report (DMLR-ENF-044S) and forwarded to the Area Supervisor who will then review and forward to the Reclamation Program Manager - Permitting.

If the Inspector’s investigation reveals that the construction company’s coal extraction is no longer exempt, enforcement action shall be initiated in accordance with Procedure #2.1.03.

Request for Exemption Determination Submitted to DMLR -

Upon receipt of a Government Financed Exemption (GFE) determination request, the DMLR’s Reclamation Program Manager-Permitting will -

  1. Determine whether the request is complete.
  1. Notify the area Inspector and Supervisor of the proposed project. The Inspector will submit data, any pictures documenting the proposed Project site, and/or investigation report(s) to the Reclamation Program Manager-Permitting and the Reclamation Services Manager. The investigation report(s) will include the Inspector’s finding or recommendation as to whether the site does or does not meet the exemption criteria.
  1. Determine whether additional information is necessary from the party requesting the GFE.
  1. Notify the Division Director, Reclamation Services Manager, Reclamation Program Manager-Chief Engineer, OSM, and other interested parties (including appropriate government agencies) of the request.
  1. Provide written notice of the DMLR’s intent to consider the GFE request to all parties with an identified interest in the exemption determination (this may include state and local agencies, appropriate planning districts, the mineral owner(s), the surface owner(s), the state OSM field office, the site contractor, utilities, or others). This notice will allow a person with a valid legal interest to submit written comments or concerns to the DMLR Director or Reclamation Program Manager - Permitting within a reasonable time period (usually within 15 workdays, unless unique circumstances require an extended period). 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Exemptions on Government Finance Construction Projects Section Technical/AML/Reclamation Services Last Revised 8/25/2010

  1. Evaluate comments submitted from DM and any interested parties.
  1. Review Project documentation or reports provided by the funding agency.
  1. Evaluate any additional information that may be requested from any involved party or determine whether additional field investigation by the Inspector may be necessary.
  1. Work with the Project applicant and/or DMLR staff to prepare an “engineering necessity determination”.

10. Designate a team to review the GFE request, which will review the request, all applicable data, visit the site if necessary, and provide comments on the Project. The team may collect any available data not already provided that would assist the exemption eligibility determination, such as:

a. Documentation of the site conditions. b. Amount of government financing and type. c. Projected cost of the GFE Project. d. Whether government authorization has been given to proceed with the Project. e. An accurate estimate of coal to be removed during the Project term; where the coal will be sold; whether coal removal meets the engineering necessity for the Project; and whether the coal is located within the Project’s boundaries.

11. Based upon the available information, the team will provide the Reclamation Program Manager – Permitting with its determination as to whether an exemption is warranted.

12. Create a folder that contains all electronic correspondence located at \\wap01512\DMLR\permit_supplements that contains the necessary information from the team and prepare a written decision concerning the GFE request.

Exemption Determination -

After determining whether the GFE is warranted, the Reclamation Program Manager - Permitting will summarize the agency’s decision for the Division Director’s signature approval. In the event that the proposed Project is determined to not be exempt from the Act, the applicant will be required to obtain a coal surface mining permit under the Act (and any other necessary federal and State permits/licenses) for the site prior to any activity to facilitate or cause coal removal.

The GFE determination letter will be sent by certified mail and e-mail to the applicant with a copy sent concurrently to each interested party. 3

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 2.1.06

PROCEDURES MANUAL ISSUE DATE 04/10/15

Technical/AML/SUBJECT Exemptions on Government Finance Section Reclamation Services Construction Projects Last Revised 8/25/2010

GUIDANCE FOR EXISTING DMLR PERMITS

When land disturbances for construction activities and/or coal extraction incidental to any GFE Project is proposed on an existing DMLR permit, the procedures and guidelines described in the table and narratives below will apply.

The DMLR must make its determination that the Project is exempt and release the permit or applicable permitted areas prior to disturbance of those Project areas. An existing DMLR permit may be utilized under the Project at different stages of the permit. For example, the permit may be at the status where it has been approved with boundaries established but mining has not yet started; active mining may be underway on the permit; or the permit may be in the process of reclamation or has reclamation completed. These various operational statuses will require a different series of DMLR administrative processes for release of the permit or applicable permitted areas prior to Project disturbances.

Revision Modification to Post Mining application to OPERATIONAL Modification reclamation/drai Land Use release STATUS PRIOR TO to mine plan nage control Change will area/bond PROJECT will be plans will be be submitted to DISTURBANCE necessary. necessary. necessary. DMLR. 1 Permit area X approved but mining not started. 2 Permit area being X X X X actively mined. 3 Permit area being X X X actively reclaimed. 4 Permit area X X reclaimed and waiting for bond release. 5 Underground X mining areas (PMU) to be encountered.

Operational Status 1 – Permit area approved but mining not started

Acreage may be deleted by a revision without public participation. The permittee should allow 30 days for the application review and approval process. Bond adjustment may be necessary to the permit due to acreage deletion. Operations and drainage control plans will need to be reviewed but may not need to be revised due to the acreage deletion.

4DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Exemptions on Government Finance Construction Projects Section Technical/AML/Reclamation Services Last Revised 8/25/2010 Operational Status 2 – Permit area being actively mined

Acreage will not be deleted until modifications to the operations, reclamation, and post mining land use are approved and implemented. The modifications will be made via revision applications that will require public participation. The permittee should allow 180 days for the application review and approval process.

Operations may receive an extension on contemporaneous reclamation time frames to allow for time to modify permit and for Project construction to approach.

If the active mining operations within the Project corridor were taken over by the Project and information supplied to document GFE, acreage could be deleted by the same processes as in situation 1, but the existing DMLR permit would still need a revision to re-organize operations, drainage, and reclamation plans.

Operational Status 3 – Permit area being actively reclaimed

Acreage cannot be deleted until reclamation and post mining land use changes are approved and implemented. The modifications will be made via revision application that will require public participation. The permittee should allow 180 days for the application review and approval process.

Operations may receive an extension on contemporaneous reclamation timeframes to allow for time to modify permit and time for Project construction to approach.

Operational Status 4 – Permit area reclaimed and awaiting bond release

Acreage cannot be deleted until post mining land use changes are approved. Bond release applications and land use revisions would be the types that require public participation. After post mining land use changes are approved, and in order to expedite the release of the site, the permittee should submit the bond release application up to 90 days prior to the Project construction encountering the permitted area.

Operational Status 5 – Underground mining areas to be encountered

Deletion of underground mining areas and modification to underground mining plans will be necessary via revision application. The application should not require public participation. The permittee should allow 30 days for the application review and approval process. 5

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Exemptions on Government Finance Construction Projects Section Technical/AML/Reclamation Services Last Revised 8/25/2010 Exemption Approval/Inspection

If the Project is deemed exempt, the Inspector will conduct monthly inspections or as needed of the site to verify that the Project is being conducted in accordance with §§4VAC25-130-707.11, 4VAC25-130-707.12, and the exemption justification submitted to and approved by the DMLR. The Inspector will -

  • Document the site conditions (mining equipment present and areas of coal removal) and summarize the Project’s progress (i.e., cost, amount and type of government funding, total tonnage of coal removed, and revenues received from the sale of the coal).
  • Respond to citizen complaints concerning the Project. The Inspector may relay the complaint or refer the complainant to the funding agency.
  • Report to the Area Supervisor any instance where the site activities or conditions appear to be inconsistent with the GFE determination.

Should the Inspector determine that coal removal at the site has exceeded the limits anticipated in the exemption determination, and the coal removal is not an engineering necessity for the project (assistance may be obtained from the Reclamation Program Manager -Chief Engineer, or technical personnel), immediate action to halt the coal removal operation will be taken. (See Procedures # 2.1.03, 3.3.01, and

  1. 3.08).

Final Inspection -

The Inspector will conduct a final inspection of the project once coal removal is completed. The inspection report (DMLR-ENF-044S) shall document the total project cost, amount of public financing, the total revenues received from the coal removed, and include pictures. The inspector will code the inspection report as the “Final Inspection” and “Not Inspectable” FI/NI.

Record keeping - The Area Supervisor will forward a copy of each inspection report concerning the exempted site to the Reclamation Program Manager –Permitting .

The Reclamation Program Manager –Permitting will maintain a file of each exemption request received by the DMLR. The record shall include, but not be limited to:

  1. The exemption request and the current status of the exemption.
  1. A specific location description of the site.
  1. Identification of the government financing agency and respective contact persons. 6

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.06

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Exemptions on Government Finance Construction Projects Section Technical/AML/Reclamation Services Last Revised 8/25/2010

  1. A list of all interested parties notified.
  1. Documentation or copies of comments, concerns, and data that the DMLR reviewed (both internal and material from interested parties).
  1. The “engineering necessity determination” and supporting rationale.
  1. The DMLR exemption determination letter.
  1. A copy of each inspection and the final inspection report completed and submitted by the Inspector.
  1. All other documents or materials generated or collected relative to the project.

The Reclamation Program Manager –Permitting shall ensure each file is maintained and updated -up to and including the submittal of the Inspector’s final inspection report.

After receipt of the final inspection report, the Reclamation Program Manager –Permitting will review the file and indicate in writing as to whether the agency met its obligations in the matter. The completed file will be placed in the folder located at \\wap01512\DMLR\permit_supplements 7

Electrical Maintenance Foreman Certification RequirementsDoc ID: DM-C-EMFSU

Original: 329 words
Condensed: 284 words
Reduction: 13.7%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

ELECTRICALMAINTENANCEFOREMAN

(SURFACEANDUNDERGROUND)

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Electrical Maintenance Foreman (Surface and UG) This certification authorizes the holder to: ƒ Perform electrical work and inspections at all surface areas of underground, surface and underground coal mines ƒ Make examinations on electrical equipment ƒ Conduct and record results of electrical examinations

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Hold a valid Electrical Repairman ƒ Three years of electrical experience as applied to underground mining or appropriately related work experience approved by the Chief of the Division of Mines ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination.

ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Electrical Maintenance Foreman (MT) 50 Alternating Current Direct Current Circuits & Equipment Cable Splicing High Voltage Legal Requirements Permissibility ƒ First Aid (FA) 20 ƒ National Electrical Code (not implemented) 20 ƒ Practical Stations (not implemented ƒ Records – practical (not implemented)

  • continued on back -RECOMMENDED REFERENCE/STUDY MATERIALS:ƒ Electrical Study Guide

ƒ Coal Mine Safety Laws of Virginia

ƒ BCME Requirements

ƒ First Aid For Miners Study Guide ƒ Title 30 CFR Part 18, 75, 78

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 8 hours annual Electrical Repairman continuing education will update this certification.

Revised 06/02/08

Road Maintenance and Dust Control GuidelinesDoc ID: DMLR-G-29-09

Original: 961 words
Condensed: 607 words
Reduction: 36.8%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 29-09 Issue Date: 11/01/09 Subject: Roads - Maintenance and Fugitive Dust Control

Since January 2005, the Division has investigated approximately 250 complaints from citizens concerning tracking of material or fugitive dust from permitted haulroads and coal surface mining operations. In the majority of the complaints, the Division’s inspectors determined the haulroads were properly maintained per the permit’s approved plans. Where the roads were not properly maintained, enforcement action was taken.

The Division is looking at additional measures that may be taken to better address concerns regarding the tracking or depositing of material onto public roadways and generation of fugitive dust from coal surface mining and reclamation operations.

The Division has been working with coal companies, the Virginia Department of Environmental Quality (DEQ), Virginia Department of Transportation (VDOT), the Virginia State Police (VSP), and citizens to better address fugitive dust problems. Several coal companies have or are in the process of taking voluntary measures to address the dust and tracking problems that occur in some coalfield communities. These companies have employed such preventative measures as voluntary paving of haulroads within the permit, utilizing sweeper/vacuum trucks on both the paved haulroad and public roads, and installation of truck washer facilities to spray dirt, mud, and debris from coal trucks prior to their exit from the permit area.

§§ 4 VAC 25-130-816.150(c) and (e) and 4 VAC 25-130-817.150 (c) and (e) of the Virginia Coal Surface Mining Reclamation Regulations, provides the Division the authority to require a permittee to implement additional measures to ensure proper design and maintenance of its haulroad(s) to prevent/minimize fugitive dust problems -

“(c) Design and construction limits and establishment of design criteria. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size, in accordance with current, prudent engineering practices, and any necessary design criteria established by the division.” (Emphasis added) 1 This Memorandum is to be considered guidance issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM1 No. 29-09 Issue Date: 11/1/09

Subject: Roads – Maintenance and Fugitive Dust Control

Page 2 of 2

In instances where tracking of material and/or fugitive dust from a permitted operation is a concern, the Division may require the company to develop and implement a road maintenance plan. The plan should include the measures the company will take to better control and minimize tracking of material onto public roads and fugitive dust that may be generated as a result of traffic from its operations. The plan may include such measures as (but not be limited to) -

  1. Reducing speed on traveled roads and ensuring truck beds are covered.
  2. Watering roads regularly with water trucks, sprinklers, etc. or applying dust binders.
  3. Ensuring adequate road surfacing is applied and maintained or paving the road.
  4. On paved roads, using devices (e.g., rumble strips) or cattle crossings on gravel roads, to cause material to drop from trucks prior to exiting the permit to the public road and regularly cleaning and removing the mud or debris from the paved road, so it is not tracked from the permit.
  5. Utilizing truck washers to remove mud and debris from the coal trucks/trailers.

The road design, maintenance, and fugitive dust control measures to be utilized would be dependent on the circumstances at a particular area. In populated communities, a variety of measures could and should be used if needed to address the tracking and dust problems. In remote areas, maintaining a suitable gravel surface and watering may be sufficient and adequate.

In looking at road maintenance, the Division has noted that a haulroad may be in excellent paved condition. However, as most trucks go to the pit area, they will pick up mud and material in the loading process. As a coal truck exits the pit area and begins to pick up speed on the paved road, material begins to drop off. Depending on the length of the paved road, this may occur on the permitted road or later on the public roads.

Should the Division observe a situation where mud or material from the coal truck falls off onto the public road (such as when the truck crosses a railroad crossing) and becomes a hazard to the public safety and health, the Inspector may issue the permittee enforcement action to revise its road maintenance operation plan to address or prevent this type of problem from reoccurring.

In reviewing a revision, new permit, or renewal application, the Division will look at the current or potential situation to determine whether fugitive dust may be a concern. The Division may request a more comprehensive road maintenance plan under §§4 VAC25-130-816/817.150(c) to address potential or actual fugitive dust control problems. This may also occur at mid-term review.

Should you have any questions regarding this guidance document or the topics of this memorandum, please contact your area Inspector, the Reclamation Services Manager at (276) 523-8197, or the Technical Services Manager at (276) 523-8156.

Reclamation Inspection Frequency PolicyDoc ID: DMM-P-26

Original: 299 words
Condensed: 144 words
Reduction: 51.8%

DIVISION OF MINERAL MINING PROCEDURE NO. 2.6.00 PROCEDURES MANUAL ISSUE DATE 05/21/97 SUBJECT Inspection Frequency: Reclamation Section Enforcement Last Revised

OBJECTIVE AND INTENT:

In establishing a reclamation inspection frequency policy, emphasis needs to be placed on accomplishing as much as possible while at a mining site through multiple purpose inspections. Time is a valuable commodity and must be budgeted wisely in providing services to our customers. Setting a minimum inspection frequency is not intended to restrict mine inspectors from conducting additional inspections at their discretion.

PROCEDURES:

  • Inspection frequency will be based on the level of activity at the individual mine site.
  • Active sites, defined as sites which have mining, reclamation, or other related activity going on, and sites under development or established at which there is a potential for activity during the inspection cycle, will receive a minimum of two regular reclamation inspections per calendar year. Inspections will be divided into each half of the calendar year (January 1 -June 30 and July 1 - December 31).
  • Intermittent sites, defined as sites that are cyclic in their activities either due to demand of product or dependency on seasonal weather activity to replenish mineral deposits, will receive a minimum of one regular reclamation inspection per calendar year. This inspection will be done during the sites active phase of operation, based on the historic data, and will include the renewal inspection when possible.
  • Idle sites, defined as sites at which no mine related activity is reasonably anticipated (ex. plant removed from site, temporary cessation, reclaimed) or sand/gravel operations which have been inactive for more than one year, will receive one (1) regular reclamation inspection per calendar year. The inspection will be done at renewal time and on sites under temporary cessation this will correspond to the temporary cessation extension date.
  1. 6-1

Coal Mine Accident Reporting and Investigation GuidelinesDoc ID: DM-G-1618

Original: 253 words
Condensed: 253 words
Reduction: 0.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 1 GENERAL PROVISIONS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.8.

Definitions “Accidents”

Reporting and Investigating an Accident:

There have been questions about what incidents are considered to be an accident requiring prompt reporting to the Division. There are 13 distinct events that are to be considered as mine accidents under the definition of accident. It is the operator’s responsibility to report all accidents as required under Section 45.1-161.78 A of the MSA. Since the definition of accident covers a broad range of incidents and circumstances that may occur at a mine, the inspector should review with the operator requirements of this section with regard to reporting. The inspector should encourage the operator to report any incident that may be an accident as defined in the MSA (such as roof fall, serious personal injury, etc). Upon receiving the report of an accident, the DM representative will help determine whether or not the incident is a reportable accident, and whether or not to dispatch an inspector to the mine to conduct an investigation. The inspector should also review procedures in the DM Procedures Manual concerning emergency response in determining when to respond, who to notify, and other responsibilities in responding and investigating accidents. The inspector is also required to provide assistance to the operator as needed and to issue any orders as may be necessary to ensure the safety of persons at the mine.

Ground Control Plan Approval GuidelinesDoc ID: DMLR-G-11-05

Original: 2,478 words
Condensed: 2,325 words
Reduction: 6.2%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 11-05 Issue Date: June 13, 2005 Subject: Ground Control Plan On February 10, 2005, the Governor signed into law House Bill 2573, which included significant changes to Section 45.1-161.287 of the Coal Mine Safety Laws of Virginia. The Chief of the Department of Mines, Minerals and Energy’s Division of Mines (DM) must now approve ground control plans for all mines.

The ground control plan must ensure the safety of persons –

  • in residences or other occupied buildings;
  • working or traveling on any roadways; and
  • in any other area where persons congregate, work, or travel that may be affected by blasting or falling, sliding, or other uncontrolled movement of material.

The plan must address how residents or occupants of buildings located down the slope from active workings will be notified when ground disturbing activities will take place above them and what protective actions will be taken to ensure their safety.

The permittee will not have to submit a separate plan to each division. A single copy of the plan should be addressed to the Chief of DM and the Acting Division Director of the Division of Mined Land Reclamation (DMLR).

DM and DMLR will jointly review the ground control plans. Assigned inspectors from each division, as well as designated technical personnel, will evaluate the ground control plan for each permit. Once approved, the ground control plan will become a part of the DMLR permit and will be enforceable as a permit condition.

This guidance memorandum provides a generic ground control plan developed by the DM and the DMLR for surface mine operations. Surface mine permittees may

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM No. 11-05 Issue Date: June 13, 2005 Subject: Ground Control Plan Page 2 choose to pattern their own plans after this generic plan or submit one of their own design.

Any plan submitted must address each requirement detailed in the generic ground control plan, in particular those pertaining to working in “red zones2”. Maps should be submitted in “dwg” format to facilitate review.

Red zones, integral parts of the ground control plan, must be shown on the surface mine map that the permittee must submit with the ground control plan. The updated map must meet the requirements of Section 45.1-161.64 of the Coal Mine Safety Laws of Virginia, as amended. The permittee should make his own determination of the location of the red zones; however, DM and DMLR will jointly evaluate the plan and red zone designations for adequacy.

Should the permittee or his representative have any questions or problems developing the ground control plan, please contact the assigned DM mine inspector or call a DM roof control specialist at Big Stone Gap (276 523-8229) or Keen Mountain (276 498-4553). Should you have any questions regarding road classifications, please contact the DMLR’s Reclamation Services Manager (276 523-8197). 2 Red zones, as defined by the generic plan, are work areas that represent a potential hazard to the public.

GUIDANCE MEMORANDUM No. 11-05 Issue Date: June 13, 2005 Subject: Ground Control Plan Page 3 Generic Ground Control Plan Cover Letter:

From: Provide company name, mine name, business address, city, state, zip code, and date.

Address to: Chief, Division of Mines and

Acting Division Director, Division of Mined Land Reclamation P. O. Box 900 Big Stone Gap, VA 24219

Subject: Ground Control Plan, Company Name, Mine Name, Mine Index No. ___, MSHA No. ____, DMLR Coal Surface Mining Permit No. ______

In compliance with Section 45.1-161.287.A of the Coal Mine Safety Laws of Virginia, as amended, the following Ground Control Plan is submitted for the above referenced mine.

________________________ Name Title

Ground Control Plan Template:

  1. General Information: Company Name

Mine Name or Number

MSHA Number

DMLR Permit No.

Mine Index Number

  1. Auger/Highwall Miner General Information (if applicable): Company Name

Mine Name or Number

MSHA Number

Mine Index Number GUIDANCE MEMORANDUM No. 11-05 Issue Date: June 13, 2005 Subject: Ground Control Plan Page 4

  1. Type of Operation (check all that apply): Surface Mine Auger Highwall Miner Face up for Deep Mine

4. Seams to be Mined:

Seam

Comments

Attach a sketch showing a cross section of the highwall, coal seams being mined, bench widths, highwall angle, safety benches, and other pertinent information.

  1. Tree removal a. Highwalls, including existing highwalls, will be cleared of all trees, brush, and loose material that create a hazard to workers. b. Persons having to work in close proximity to the top of a highwall to remove trees, brush, or loose material will be secured by a harness/belt and rope (or similar device) or work will be done utilizing equipment designed to do such work. c. Trees that need to be removed that have a potential to contact energized power lines will be removed in a manner that does not expose workers to contact with such lines. This may include using cables, ropes, or de-energizing the electrical power from the lines. The owner of the power line will be notified prior to work being performed and in the event of any damage to the power line.
  2. Highwall and Spoil Banks a. Pit widths will be designed in such a manner to allow for safe operation of all the equipment used in the pit. b. The highwall will be sloped back at least __ degrees3 past the vertical.

Existing highwalls and pre-split highwalls are exempt from this standard. c. Loose material will be removed, using appropriate equipment, from the highwall as it is exposed. d. Safety benches and other no less effective control measures will be used where the highwall is susceptible to material sloughing. 3 Recommend at least 5 degrees.

GUIDANCE MEMORANDUM No. 11-05 Issue Date: June 13, 2005 Subject: Ground Control Plan Page 5 e. Equipment operated where there are hazards from highwalls will have adequate protection from falling material. f. When a drill or other equipment must operate at the base of a highwall, the operator will, where practical, position the drill so that the cab is not located directly against the wall. g. Operating equipment near highwalls and spoil banks, such as loading haulers, will be performed in a manner so that the equipment operator is positioned in the safest location. h. Spoil banks will be moved in a manner that does not create an overhang that exposes workers to hazards from falling or sliding material. Dozers or other equipment will be used to break down the upper portion of spoil banks in order to prevent overhangs and other hazards. i. Spoil banks adjacent to all active mining pits, where equipment and men are exposed, will be constructed on a safe slope and in such a manner to protect persons from falling or sliding material. Where spoil banks become so steep that hazardous conditions exist for equipment and men working under them, action will be taken immediately to correct the hazardous condition. j. The surface foreman will examine highwalls and spoil banks for hazardous conditions prior to maintenance personnel and other personnel, such as blasters, surveyors, or coal samplers entering the assigned work area near a highwall or spoil bank.

  1. Roadways a. Haul roads, including roads used for the removal of coal from pits, to the extent possible, will be constructed a safe distance away from highwalls, to minimize exposure to falling or sliding materials. b. Roadways that are exposed to upslope dumping or pushing of material will be protected by effective means to ensure the safety of vehicles traveling on the roadway. c. Spoil banks adjacent to active roads will be maintained in such a manner to protect persons from hazardous conditions.
  2. Mine Map a. A map will be maintained at the mine site showing residences and other occupied buildings, and public or private roads that may be affected by mining activities. b. The map will be kept up to date with temporary notations to indicate updates of gas wells, gas lines, and other potentially mine affected changes.

GUIDANCE MEMORANDUM No. 11-05 Issue Date: June 13, 2005 Subject: Ground Control Plan Page 6 c. All red zone areas (work areas that represent a potential hazard to the public safety) of the operation will be clearly identified or marked on the map by highlighting or other no less effective means. d. The surface mine map will be updated every six months and certified by a registered professional engineer or certified land surveyor. e. All foremen will be familiar with the contents of the map, the outer perimeter boundaries of the permit area, and the red zones.

  1. Working In or Around Red Zones a. Warning signs, flagging, or other no less effective means will be used to mark work areas that are designated red zones. The method used to mark these work areas will be distinctively different from other warnings and markings utilized at the mine site. b. Berms, fencing, or other barrier protection will be used to contain materials that could potentially move down the slope from red zones. In locations where berms, fencing, or other barrier protection cannot be used or is not practical, spotters will be used to control work such that all material is prevented from rolling, slipping, or sliding down slope. No work will be performed in red zones without these precautions in place and employed. c. Work activity in red zone areas will be conducted in a safe manner using proper equipment for the work being performed. d. Residents or occupants of other buildings down the slope from red zones will be notified by personal contact or by written notice conspicuously attached to the residence or building at least three hours and no more than 24 hours prior to beginning such work. This notification is to include the type of work that is planned, the length of time the work is expected to last, and the safety measures that will be used. A record of the notification will be recorded in the on-shift report of the mine or a record book (designated for that purpose) and be maintained at the mine site. e. When blasting in red zone areas, blasting procedures will be modified such as reducing poundage, reducing the number of shots, reducing the depth and size of drill holes, changing the free face direction, using electronic detonation, or implementing other measures to control the potential for damage. i. Such safety measures taken when blasting in red zone areas will be documented in the blasting logbook. ii. Residents affected by blasting in red zone areas will be given notification of the blast at least three hours and no more than 24 hours prior to the blast. This notification is to include the planned blasting activities, the safety measures that will be used, blasting signals, and precautions the residents should take. (NOTE: These GUIDANCE MEMORANDUM No. 11-05 Issue Date: June 13, 2005 Subject: Ground Control Plan Page 7 measures will be in addition to the permit’s standard blasting notification/signals.) iii. Notification of residents will be documented in the blaster’s logbook or a record book (designated for that purpose) that shall be maintained at the mine site. 10. Auger/highwall miner operation a. Type of Auger/Highwall Miner: b. Diameter/Width: c. Maximum Cut Depth: d. Minimum Web Width: e. If a hazardous condition exists in an area being augered or mined, the condition shall be corrected or the machine moved to a safe location. f. Should a work area become fogged in or if other weather conditions exist to the degree that the highwall cannot be safely evaluated and monitored, work shall cease in that area or be moved to a safe area. g. When augering where auger holes may mine together, especially on points, extra precautions will be taken to leave the size of webbing adequate to prevent caving. h. Attach sketch(es) to show the details of the auger/highwall miner operation. 11. Training/Documentation a. The contents of the plan and the mine map will be reviewed with all newly employed miners. The surface foreman will ensure that all newly employed miners are familiar with the contents of the plan prior to allowing them to work. b. The contents of the plan and the mine map will be reviewed with all miners immediately after approval and during annual re-training. c. The applicable contents of the plan will be reviewed with all employees immediately prior to starting work in red zones. The surface foreman will ensure that the employees are aware of the red zones and are familiar with the requirements of the plan and the contents of the mine map. d. A record of the training required under this section will be maintained at the mine and be open for inspection for a period of one year. A record of the training required under paragraphs “a” and “b” of this section will be recorded on the MSHA 5023 form by checking the “other” box and indicating the type of training provided. A record of training required by paragraph “c” of this section will be recorded in the on-shift book or other GUIDANCE MEMORANDUM No. 11-05 Issue Date: June 13, 2005 Subject: Ground Control Plan Page 8 equivalent record of the mine, as well as include the names of the employees receiving the training. 12. Management Control a. The surface foreman is responsible and accountable for the implementation of the ground control plan. b. The surface foreman will ensure that work assignments and necessary precautions for red zone work is clearly communicated to all affected miners. c. The surface foreman will provide direct monitoring and evaluation to ensure that effective control of work in the red zones is maintained in accordance with the ground control plan. d. The person countersigning the on-shift report of the surface foreman will ensure that records reflect compliance with any record required by the plan and that any hazardous conditions recorded have been promptly corrected. e. Should a situation arise where the mine management cannot comply with the contents of this plan, the surface foreman will consult with appropriate company management to seek alternative methods that offer an equal or greater level of safety. It is understood that the Chief of the DM must approve any variance from this plan.

Virginia Coal Miner Certification RequirementsDoc ID: DM-C-GCM

Original: 306 words
Condensed: 247 words
Reduction: 19.3%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

GENERALCOALMINER

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *General Coal Miner This certification authorizes an individual not previously employed in the Commonwealth as a coal miner to work at underground and surface coal mines.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $20.00 fee 5 working days prior to examination ƒ Submit Verification of Training Form (BCME-3) signed by instructor and applicant. This form verifies that training in first aid (2 hours) or Mining Laws of Virginia has been received (2 hour equivalent of first aid training). ƒ Gas detection required for underground certification ƒ One year mining work experience, signed by company official properly notarized and a current copy of MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable

RECOMMENDED REFERENCE/STUDY MATERIALS: ƒ Coal Mine Safety Laws of Virginia ƒ BCME Requirements ƒ First Aid for Miners Study Guide ƒ General Coal Miner Study materials (handed out in class) (Surface or Underground)

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • DM will also offer General Miner and gas detection training on Wednesdays at 8:00am at both the Big Stone Gap and Keen Mountain locations. General Miner applicants will submit an application, $20.00 fee, and verification of current first aid training at this training.

Revised 06/02/08

Closure Order Enforcement ProceduresDoc ID: DMM-P-210

Original: 338 words
Condensed: 300 words
Reduction: 11.2%

DIVISION OF MINERAL MINING

PROCEDURE NO.

  1. 10.00

PROCEDURES MANUAL

ISSUE DATE 05/21/97 SUBJECT Closure Orders Section Enforcement

Last Revised 09/21/95

OBJECTIVE AND INTENT:

Complete, accurate, and consistent procedures for the issuance and reporting of enforcement actions involving Closure Orders is important in providing quality services to customers and stakeholders as well as maintaining a record and history of violations on each mine permit/license site.

PROCEDURES:

  • Mine Inspectors will issue Closure Orders in accordance with applicable sections of the Mine Safety Act. The Closure Order may require an operation to be ceased on the entire mine site or only a portion of the mine affected.
  • When possible, conditions warranting the issuance of a Closure Order will be documented by the mine inspector with photographs.
  • The Mine Inspector will inform his supervisor as soon as possible upon issuance of a Closure Order.
  • The Mine Inspector will document the issuance of the Closure Order on a Notice/Order form (DMM-104b) and a red Closure Notice will posted at the site of closure.
  • The Mine Inspector will follow the same procedure outlined in DMM Policy 2.8 in keeping a numerical tally of Closure Orders.
  • Completion of the Notice/Order form (DMM 104b) by the mine inspector will follow procedures outlined in DMM Policy 2.8.
  • The Mine Inspector will discuss the reasons for the issuance of the Closure Order with the operator or his agent; the corrective action needed to terminate the order; and will document the discussion in an Inspection Report.
  • The Mine Inspector will distributed copies of the Closure Order as prescribed in DMM Policy
  1. 7.
  • The Mine Inspector will terminate the Closure Order if the operator has completed the required work stated. Termination will be documented on a Notice/Order form accompanied by an Inspection Report.
  • If an operator fails to comply with a Closure Order, the Mine Inspector will immediately contact his supervisor to coordinate possible legal action and license revocation.

Data Entry:

See DMM Policy 2.8: Data Entry for proper steps in entering Closure Orders into the Mineral Mining System.

  1. 19-1

Groundwater Monitoring for Underdrain DischargesDoc ID: DMLR-M-34-11

Original: 537 words
Condensed: 424 words
Reduction: 21.0%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 34-11 Issue Date: February 1, 2011

Subject: Groundwater Monitoring of Fill Underdrains

This guidance is being provided to ensure that required data collection of discharges from constructed underdrains of refuse and hollow fills begins at the appropriate time. For refuse and hollow fills that will contain underdrains, Sections 4VAC25-130.780.21(i)(3)(x) and 4VAC25-130-784.14(h)(3)(x) of the Virginia Coal Surface Mining Reclamation Regulations require,

“When a refuse or hollow fill is designed to contain underdrains, then a plan for monitoring the underdrain may be used, provided that the underdrain discharge indicates changes in water quality resulting from the fill and not from other sources or outside influences. If the underdrain is not representative of the effects of the fill material, then piezometers shall be used.”

When the approved plan requires underdrain discharges to be monitored, a qualified registered professional engineer (or qualified professional specialist under his/her direction) is required to examine the proposed fill site once the area has been cleared and grubbed of vegetation. This is one of the critical construction fill certifications that must be submitted to the Division under Sections 4VAC25-130-816.71(h) and 4VAC25-130-817.71(h) of the regulations.

After the foundation preparation, the areas of ground water flow should be noted and documented in the critical construction fill certification, especially if drains are to be constructed from the seeps to the main underdrain

During the installation of the underdrain(s) and its critical construction fill inspection, the registered professional engineer should make a determination as to when the underdrain has in fact been established. This should be documented in the critical construction fill certification and then submitted to the Division.

Once the underdrain and protective filter system are in place per the critical construction fill certification required under Section 4VAC25-130-816.71(h)(1)(ii) or 4VAC25-130-817.71(h)(1)(ii), the ground water monitoring of the underdrain should commence in accordance with the approved ground water monitoring plan. The permittee/engineer must document –

1 This Memorandum is to be considered guidance issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM1 No.

Issue Date: August 23, 2010

Subject: Abandoned Mined Land Refuse/Gob Piles – Exploration and Recovery

Page 2 of 2

  • If there is no discharge - no groundwater flow observed from the underdrain.
  • Groundwater discharge. Samples of the ground water that is flowing from the underdrain, must be collected and analyzed and results then reported to the Division.

Should you have any questions regarding this guidance document or the topics of this memorandum, please contact your area Inspector, the Reclamation Services Manager at (276) 523-8197, or the Technical Services Manager at (276) 523-8156.

Guidelines for Safe Track Haulage in Coal MinesDoc ID: DM-G-161141

Original: 287 words
Condensed: 213 words
Reduction: 25.8%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 6 TRANSPORTATION Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.141. E.

Self-Propelled Equipment

Effective means used during track haulage to ensure safe control

Where track haulage is employed, the mine inspector must determine that safe control is maintained when grades present potential hazards. In making this determination the inspector should consider:

  • Grades/distances of haulage routes in the mine.
  • Type and capacities of equipment being utilized for track haulage.
  • Loads being hauled.
  • Track condition and installation.
  • Mine history of haulage accidents and incidents.

The MSA recognizes that different methods may be used for safely controlling track haulage. Examples of effective controls include:

  1. A locomotive coupled to the load on each end of the trip.
  2. A drag provided where the potential exists for a load accidentally uncoupled to travel in the opposite direction. Other effective means in this situation may be the type of coupling with a combination of safety chains or ropes rated for the load capacity of the trip.
  3. A skid or slide where the potential exists for an uncontrolled load traveling in the same direction. These may be provided on the locomotive and/or the trip.

The inspector must evaluate each mine condition on a case by case basis in determining what requirements are necessary to ensure maintaining safe control of trips at all times.

The inspector should consider that block signals are used to control traffic and not for safe control of track haulage.

The inspector should also consider that derails and stop blocks are used to protect miners from runaway equipment, but are not to be considered as a safe control for track haulage equipment.

Non-Payment Check Procedures for Mining PermitsDoc ID: DMLR-P-2401

Original: 528 words
Condensed: 425 words
Reduction: 19.5%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 4.01

PROCEDURES MANUAL ISSUE DATE March 12, 1997 SUBJECT Checks Returned for Non-Payment Section Permitting Last Revised 2-8-93

OBJECTIVE AND INTENT:

To ensure moneys owed to the DMLR are paid in a timely manner, and that appropriate action is taken to resolve a situation where a check is returned for non-payment.

PROCEDURES:

Notification:

The Reclamation Program Manager will be notified by the Office of Fiscal Services’ Accounting Manager of a check returned for non-payment, when that check was accepted as payment for DMLR permitting fees or bond.

The Reclamation Program Manager shall immediately notify the -

  • Reclamation Services Manager of the situation.
  • the person or company representative (by telephone or certified mail within 5 working days) of the non-payment, so that immediate action to rectify the situation may be made by the person or company.

Suspension:

If proper restitution is not made by the person or company within 10 working days, the Reclamation Program Manager will prepare a “Suspension Order” letter (to be sent by certified mail) for the Division Director’s signature.

The “Suspension Order” letter shall stipulate that:

  1. the person’s or company’s right to conduct coal surface mining operations under the permit is immediately suspended.
  1. any and all active coal mining operations conducted on the permit shall immediately cease.
  1. the permittee must maintain necessary reclamation activities to prevent any environmental harm during the suspension period.
  1. the suspension shall remain in effect until all outstanding moneys owed under the returned check are paid in full. Failure to submit payment within 30 days from issuance of the suspension order will result in revocation of the permit.
  1. payment of the moneys in full would result in the withdrawal of the suspension order.

Upon receipt of the “Suspension Order” the Reclamation Services Manager will direct the Field Inspector to conduct an immediate inspection of the permit site to ensure mining operations have ceased.

The Inspector will enforce the order by issuing appropriate enforcement action (Procedure # 3.3.01), if necessary. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 4.01

PROCEDURES MANUAL ISSUE DATE March 12, 1997

SUBJECT Checks Returned for Non-Payment Section Permitting Last Revised 2-8-93 Revocation:

If the person or company fails to submit full payment for the returned check within 30 days of the Suspension Order’s issuance, the Reclamation Program Manager will prepare a “Revocation Order” for the Division Director’s signature (to be sent by certified mail).

The “Revocation Order” shall give the permittee 60 days to complete reclamation of all disturbed areas of the permit.

Payment:

If acceptable payment is received, receipt will be acknowledged in a typed statement, instead of the regular DMME receipting procedure.

Probation:

Assuming that the returned check was not due to the banking facility’s fault, the Division will accept only cashier’s checks, money orders, certified checks, or cash as future payment from that company or person for minimum period of one year.

If another check is returned for non-payment during or after the probationary period, the Reclamation Program Manager will follow the aforementioned procedure, and shall inform the person or company representative that the Department/Division will no longer accept his or her personal or company check. 2

Impoundment Inspection Procedures for MinesDoc ID: DM-P-10410

Original: 468 words
Condensed: 319 words
Reduction: 31.8%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.10

ISSUE DATE: July 18, 2001 SUBJECT: Impoundment Inspections

I.

OBJECTIVE AND INTENT

To establish procedures for inspection of refuse piles and water and silt retaining dams to ensure that mining operations meet the criteria specified in Chapter 18 of the Mine Safety Act and the plans approved under the Memorandum of Understanding between the Division of Mines and Mined Land Reclamation.

II.

GENERAL

  1. Active refuse piles and water or silt retaining dams will be inspected at a minimum semi-annually (one inspection between January 1 - June 30 and one inspection between July 1 -December 31).
  1. Inactive water or silt retaining dams will be inspected at a minimum annually (one inspection between July 1 and June 30).
  1. Refuse piles and water or silt retaining dams may be inspected more frequently if deemed necessary by the inspector. (e.g., after periods of heavy rainfall).
  1. DM personnel who inspect impoundments must have completed the MSHA impoundment inspection training class and if required, annual refresher.
  1. DM personnel will ensure that the refuse piles and water and silt retaining dams are consistent with DMME approved plans.

PROCEDURES

  1. Inspections should include a thorough examination of the refuse piles and water and silt retaining dam. All structures should be inspected to ensure that the structures meet DM requirements and are consistent with approved plans. The inspection should include:

a. Examination of pipes, spillways, diversion ditches, decant system, and trash racks for clogging;

b. Observation for physical conditions such as burning, cracks/scrapes on crest, sloughing/building on slopes, erosion problems, surface movement, sumps/sinkholes in slurry, the amount of embankment freeboard, and water level; 1-2 c. Examination for signs of seepage in underdrains, embankment slopes, hillside, downstream foundation, and indications of seepage such as boils;

d. Checking for cracking/crushing in spillway pipes and decant systems; and

e. Observations of techniques and procedures utilized by the operations.

  1. The approved Examination and Emergency Response Plan for Water and Silt Retaining Dams should be examined for adequacy. The impoundment inspector should examine record books for inspection frequency, notations regarding hazardous conditions, and corrective actions taken. The inspector should also determine if the list of persons that may be affected is posted and is complete with required information.
  1. The inspector should determine that the map included in the Emergency Response Plan is posted and accurate.
  1. Information gathered concerning the inspection should be input into the DM Enforcement System utilizing the impoundment inspection form.
  1. Inspections of impoundment structures by DM inspectors should ensure that the structure meets all requirements of Chapter 18 of Title 45.1 and of the approved plan. If the impoundment is found to be noncompliant with the approved plan, the inspector should forward notice to the Division of Mined Land Reclamation inspector responsible for the site identifying the noncompliance.

2-2

Electronic Correspondence Guidance for Mined Land ReclamationDoc ID: DMLR-M-35-11

Original: 383 words
Condensed: 321 words
Reduction: 16.2%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 35-11 Issue Date: April 1, 2011 Subject: Receipt of Electronic Correspondence from the Agency

The purpose of this memorandum is to provide guidance regarding the receipt of documents, orders, or notices to a company or permittee in an electronic format. The use of email is considerably more efficient and cost effective for a company or permittee as well as for the Division of Mined Land Reclamation (the Division). While the Division has already implemented delivery of electronic documents, this memo clarifies the procedure to request receipt.

The Division has the technology to e-mail documents, orders, or notices to the company, permittee or their designee. Included in this memorandum is the procedure to request this service. Please note that these documents or notices and orders will not contain a signature.

If you wish to receive correspondence and enforcement documents from the Division electronically, please submit DMLR form DMLR-PT-265 to the attention of the Permitting Reclamation Program Manager at the Division of Mined Land Reclamation, P. O. Drawer 900, Big Stone Gap, Virginia 24219. Please identify the person and his/her email address to which the DMLR correspondence/documents should be sent. This person should have the authority to act on behalf of the permittee, such as to commit the permittee’s resources and request administrative review of DMLR decisions and actions. You may also e-mail your request to the Division at DMLRInfo@dmme.virginia.gov.

Should you have any questions regarding this guidance memorandum, please contact the Reclamation Program Manager 276) 523-8197 or the Permitting Supervisor at (276)523-8160. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Virginia Coal Mine Advanced First Aid Instructor CertificationDoc ID: DM-C-AFAI

Original: 491 words
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Reduction: 31.4%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

ADVANCEDFIRSTAIDINSTRUCTOR

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Advanced First Aid Instructor This certification authorizes the holder to conduct required advanced first aid classes to meet the Requirement of §45.1-161.199.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination if examination is required ƒ Hold a valid First Aid Instructor certification from the American Red Cross, National Safety Council, Virginia Emergency Medical Services or as other wise approved by the Chief, Division of Mines ƒ Possess CPR Certification (American Heart Association or American Red Cross) ƒ Submit résumé of teaching experience signed and dated ƒ Attend 8 hour Instructor Equivalency Training Course conducted by a DM certified Advanced First Aid Instructor

EXAMINATION REQUIREMENTS: Applicants who have adequate first aid training and instructor experience will not be required to take an examination. Individuals wishing to become certified to teach Advanced First Aid but have no valid card must complete requirements as determined by the Chief. All instructors will be monitored by a DM Representative prior to issuance of Advanced First Aid Instructor certification and those may be asked to co-teach a class with a DM instructor.

PRIOR TO CONDUCTING A CLASS:

ƒ Instructors must have completed all Board of Coal Mining Examiners requirements for Advanced First Aid Instructor certification except “Monitoring.” ƒ Notify the Regulatory Boards Administrator in writing, at least 10 working days prior to class: ƒ Instructor’s name ƒ Social Security No. ƒ Projected number of students (if possible) ƒ Location, date, time of scheduled class

  • continued on back-PRIOR TO COMPLETING CLASS: ƒ Provide Regulatory Boards Administrator with class roster and schedule a tentative examination date ƒ Have students complete application DM-BCME-1 and submit $40.00 fee (checks made payable to Treasurer of Virginia) ƒ Submit DM-BCME-5 Advanced First Aid Practical Stations and CPR (written and practical) to DM at end of class or on exam date ƒ Student attendance sheet must be submitted by instructor at the end of class or on exam date. This must contain student’s name, address and each date attended.

RECOMMENDED REFERENCE/STUDY MATERIALS: ƒ American Red Cross - Emergency Response Manual ƒ Advanced First Aid Instructor’s Guide ƒ BCME Requirements

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • Applicant shall maintain certification through teaching one initial or refresher first aid training course for DMME within a two-year period.

Revised 06/02/08

Haulroad Construction and Design RequirementsDoc ID: DMLR-G-10-05

Original: 870 words
Condensed: 759 words
Reduction: 12.8%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 10-05 Issue Date: March 4, 2005 Subject: Requirements for Haulroad Construction and Design

The Virginia Coal Surface Mining Reclamation Regulations at 4 VAC 25-130-816.150, 151 and 152 and 4 VAC 25-130-817.150, 151 and 152 – Roads; general, primary roads and existing roads are specific about the types of roads that are used at mine sites.

Section 4 VAC 25-130-816.150 (a) lists the two road classification systems.

  • Primary road - is any road that will be used for transporting coal and or spoil, or frequently used for access or other purposes for a period in excess of six months, or is to be retained for an approved postmining land use.
  • Ancillary road – is any road not classified as a primary road.

Both road classifications must meet the construction requirements of 4 VAC 25-130-816/817.150 that requires environmental protection as well as prevention or control of damage to public and private property. Before any construction or reconstruction of a primary or ancillary road, approval must be obtained from the Division of Mined Land Reclamation (DMLR).

Primary roads must meet the additional requirements of 4 VAC 25-130-816.151 and 4 VAC 25-130-817.151. These requirements include certification and construction -

816/817.151(a)(1)

A qualified registered professional engineer shall certify the construction or reconstruction of a primary road in a report to the division. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM No. 10-05 Issue Date: March 4, 2005 Subject: Requirements for Haulroad Construction and Design Page 2

An important design criterion of a primary road that must be considered is the road location. If a primary road is to be located where an embankment is to be placed on side slopes exceeding 36%, a keyway cut must be constructed at the toe of the embankment fill to ensure stability (the design specifics can be found at 4 VAC 25-130-816/817.151 (b)(2)(i)(ii)).

In accordance with 4 VAC 25-130-816/817.152, existing roads may be used if they meet the performance standards of 4 VAC 25-130-816/817.150 and 4 VAC 25-130-816/817.151, or it can be demonstrated that meeting the design standards would result in greater environmental harm and DMLR waives compliance with the standards.

Roadways or ramps within the pit area or within spoil or coal mine waste disposal areas are not subject to primary and ancillary road construction, permitting, and design standards.

As mining progresses any temporary roads used to access the pit areas, that are retained as haulage roads must be shown as primary roads. A permittee must update the permit maps and plans for these type roads at each renewal, mid-term review, and submittal of the anniversary report. “As built” construction certifications should be included with each submittal. In order to continue to be used as primary roads, these roads must have been constructed using the design standards of 4 VAC 25-130-816/817.150 and 4 VAC 130-816/817.151.

New permit applications submitted to DMLR should include plans for primary roads whose proposed locations are known. The language addressing these roads should be included in the permit narrative in Section 17.1 and should note that any updates to the maps, plans, or as-built construction certifications will be submitted in accordance with this guidance memorandum.

DMLR Inspectors will check to ensure that roads being used within the permitted area are properly classified and meet the appropriate section of the regulations. If roads within the permitted area are not properly identified or classified, have not been designed and constructed to meet the requirements of 4 VAC-25-130.816/817.150 and 151, or the permit maps and plans have not been updated as road construction progresses (as noted above), DMLR inspectors will take appropriate enforcement action, such as issuing a Revision Order Notice (RON).

Companies should begin inventorying existing roads on their permit(s) to determine if they are primary roads, so the necessary maps, plans, and certifications may be prepared. DMLR Inspectors will be reviewing all permits, paying particular attention to the existing roads, such as those constructed along the perimeter of permits and on slopes above houses. These will receive the inspector’s priority review and emphasis over roads which are constructed in reclaimed mined areas or are approaching eligibility for final bond release.

GUIDANCE MEMORANDUM No. 10-05 Issue Date: March 4, 2005 Subject: Requirements for Haulroad Construction and Design Page 3

Should you have any questions regarding road classifications, please contact the DMLR’s Reclamation Services Manager at (276) 523-8197.

Guidance on Fluid Reuse and Recycling in Gas and Oil OperationsDoc ID: DGO-G-3

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Condensed: 547 words
Reduction: 30.0%

DIVISIONS

ENERGY

GAS AND OIL

GEOLOGY AND MINERAL

RESOURCES

MINED LAND RECLAMATION

MINERAL MINING

MINES

ADMINISTRATION

Department of Mines, Minerals and Energy Russell County Government Center 135 Highland Drive Lebanon, Virginia 24266 (276) 415-9700 FAX (276) 415-9671 www.dmme.virginia.gov

GUIDANCE MEMORANDUM1

TO: Gas and Oil Operators in Virginia

FROM: Rick Cooper, Director Department of Mines, Minerals and Energy (DMME), Division of Gas and Oil

DATE: August 21, 2017

SUBJECT: Fluid Reuse and Recycling

The Virginia Department of Mines, Minerals and Energy (DMME) Division of Gas and Oil’s (DGO) responsibilities include regulating the effects of gas and oil operations both on and below the surface, issuing permits, client assistance programs, inspection of well sites and gathering pipelines, reclamation of abandoned well sites, protection of correlative rights, and promotion of resource conservation practices.

In an effort to ensure gas and oil operations are being regulated effectively and efficiently, DMME volunteered for a review of its gas and oil regulatory program by the State Review of Natural Gas Environmental Regulations (STRONGER). STRONGER conducted its review over the course of 2016. A copy of the full report can be found on STRONGER’s and DMME’s website.2 STRONGER found that DGO is “well managed, professional and generally meet[s] the criteria of the 2015 Edition Stronger Guidelines.”3

STRONGER also “identified a number of program strengths that warrant special recognition” and “identified specific recommendations for improvements to the programs based on the guidelines.”4 One of these recommendations was that “DGO develop guidelines that encourage the use of alternative water sources, including recycled water, acid mine drainage and treated wastewater in the hydraulic fracturing process.”

1 This memorandum is to be considered a guideline issued under the authority of § 45.1-361.27(E)(5) which reads: “The Director shall also have the authority to prescribe the nature of and form for the presentation of any information and documentation required by any provision of this article or regulation adopted thereunder.” 2 http://www.strongerinc.org/wp-content/uploads/2017/05/2016-VA-Follow-Up-Final-Report-with-2017-DMME-response-050117.pdf 3 Ibid., 5. 4 Ibid.STRONGER guidelines define reused fluids as “fluids that require only minimal processing to remove suspended solids,” and recycled fluids as “fluids that typically require more advanced treatment or processing to reduce the salinity of the recycled fluid.”5 STRONGER guidelines also provide that “reused or recycled fluids can be used for well drilling (generally below the base of protected water), well workover, and completion.”6

The purpose of this memorandum is to encourage all operators to recycle and reuse pit and produced water on all drilling, fracturing and workover operations when conditions allow.

Water and waste management present an area of significant opportunity for the industry. Hydraulic fracturing operations in the Commonwealth typically use between 100,000 and 300,000 gallons of water. Fresh water is a precious resource, and operators should consider the development of a program that addresses fluid reuse and recycling. The use of alternatives for the drilling and hydraulic fracturing of wells should be utilized when feasible by the gas and oil operators.

Operators should evaluate the benefits, availability, and feasibility of these technologies in the market to ensure they are utilizing the best tools while operating in the Commonwealth. Operators should also consider water reuse as a possible way to eliminate the need to transport wastewater to disposal wells as water may be able to be treated onsite and reused for the next fracturing job. The DMME encourages industry representatives to develop and submit a plan to the DGO for review.

The financial benefits of reusing and recycling fluids will vary considering the situation of each operator and well. Studies have found that savings vary by region primarily depending on the availability of water and the proximity and number of disposal wells. In other areas of the country, savings have ranged from the tens of thousands to the hundreds of thousands per well.

In recent years, many states have experienced drought conditions, with several western states experiencing severely dry conditions. Some areas of central and southwest Virginia are currently experiencing abnormally dry conditions.7 The potential for widespread drought poses a risk to the viability of volume water usage industries such as drilling; however, these risks may be mitigated through proper planning and implementation of water management strategies.

Operators in Virginia are encouraged to develop water and waste management plans that considers reuse and recycling options. These options may allow operators to conserve freshwater resources and provide financial savings depending on the circumstances of the operation. The consideration of water and waste management will be particularly important as innovative technologies enter the market, which could decrease the time, risk, and cost of different water and waste management solutions.

Please direct any questions about this memorandum to DGO’s Division Director at 276-415-9700.

5 Ibid., 105-106. 6 Ibid., 94. 7 http://droughtmonitor.unl.edu/Home/StateDroughtMonitor.aspx?VA

Mine Methane Control and Safety GuidelinesDoc ID: DM-G-161222

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DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 14

VENTILATION, MINE GASES, AND OTHER HAZARDOUS CONDITIONS Issue Date: 4/10/00 Revised Date: 4/15/04 Page 1 of 2 Section 45.1-161.222.

Actions for Excessive Methane

Methane levels of one percent or greater when detected require that work cease, power to the face equipment be cut off at the equipment and production ceases in the affected area until ventilation is improved. Only work to improve ventilation under the direction of certified persons is permitted in the affected area.

When methane bleeders are encountered in the floor, roof or coal bed, liberation rates can be high for varying periods of time. So long as adequate ventilation is available and directed to effectively dilute, render harmless and carry away the methane, the issue of accumulation of methane does not exist. However, when the location or volume of the liberating bleeder is such that available ventilation does not control the bleeder and one percent or greater methane is detected, then methane has accumulated in active workings of the mine.

An imminent danger is the existence of any condition or practice in a mine which could reasonably be expected to cause death or serious personal injury before such condition or practice can be abated. Assessing an imminent danger is not predicated on the percentage of probability of occurrence. Rather, it is based on the seriousness of the event which could result if the condition or practice were allowed to continue. An imminent danger condition exists when methane accumulations are in the explosive range of five to fifteen percent. The presence of an explosive mixture of methane at any location in a coal mine is an imminent danger condition that warrants immediate corrective action.

It is the responsibility of the mine foreman to give attention to the removal of all dangers reported to him by any person working in the mine as stipulated by Section 45.1-151.214.

If it is impracticable to remove the danger at once, he shall notify every person whose safety is menaced thereby, to remain away from the portion of the mine where a dangerous condition exists. When an imminent danger could effect the entire mine, all personnel must be withdrawn to the surface immediately.

The affected area of withdrawal of miners must be determined based on the potential risk factors associated with the dangerous condition. In the case of an imminent danger related to an explosive concentration of methane, the location in the mine where the high concentration of methane is detected, the ability to promptly correct the problem, the past experience with similar problems in the affected mine or area of the mine, and other existing characteristics of the particular incident must be considered by the mine foreman and the mine inspector in determining the affected area for withdrawal of personnel.

Affected Area – Double Split Face Ventilation

On a working section where a methane level of 1.5% is found in one split of a double split face ventilation the affected area begins at the point where the intake air splits and extends to the point where the section return meets another return split.

Affected Area – Two Percent Standard

A concentration of methane which exceeds 2% in a bleeder split of air immediately before the air in the split joins another split of air, or in a return air course other than an immediate section return, is a violation of the MSA. Failure to correct the condition within a reasonable time will result in an order of closure for the affected area.

When another split of air, other than bleeder or gob air, is directed into the bleeder entries, then the bleeder entries become, in effect, return entries for their entire length. In this case the 2% criteria applies to the check points where gob air is regulated into the bleeder entries and a maximum of 2% methane is allowed for the entire length of the bleeder entries (see Example 1). If the other split of air is first coursed into the gob, then this split becomes gob air and the 2% criteria does not apply to the bleeder check points or to the bleeder entries (Example 2). The 2% then only applies where the bleeder split joins another split of air. The air returning off the section would be considered immediate return to the point it enters the gob. The bleeder air would be treated just as it is normally to the point it meets another split.

The cessation of coal production will be necessary at inby working places where activities affect an area in violation of the 2% standard. However, necessary and appropriate maintenance work on a longwall or miner unit inby the affected area may be performed during this idled time while corrective actions are being performed.

Examinations for methane and all other applicable standards apply while maintenance work is being performed on the affected idled section(s).

Test for Methane

A test for methane concentrations under this section shall be made by certified or qualified persons trained in the use of an approved, properly maintained and calibrated detecting device. Tests shall be made at least twelve inches from the roof, face, ribs, and floor.

Use of the machine mounted methane monitor on the continuous miner, longwall, or other face equipment is not to be considered as a substitute for tests required by a qualified or certified person.

General Mineral Miner Training GuideDoc ID: DMM-T-GMM

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GENERAL MINERAL MINER

TRAINING

Course Guide

Revised as of March 2001

Incorporating provisions of Board of Mineral Mining Examiners (BMME) regulations, State mining laws, and safety and health regulations for mineral mining.

Division of Mineral Mining (DMM) Virginia Department of Mines, Minerals, & Energy P. O. Box 3727 Charlottesville, Virginia 22903-0727 (434) 951-6310 Table Of Contents

Topic:

General mineral miner (GMM) certification requirements summary.

GMM course lesson plans.

GMM Power-Point course slide scripts.

Appendix:

Part 1 handout: Virginia Mine Safety Laws & Regulations.

Part 1 handout: Overview of State Mining Laws For New Miners.

BMME GMM certification form (DMM/BMME-4).

GMM course roster form.

DMM telephone numbers.

Excerpts from MSHA first aid booklet #3.

DMM Training Evaluation Form (DMM-152).

Sample of DMM miner’s training record.

Sample of alternative MSHA training record for new miner.

Instructor general reference materials: Mineral Mining Accident Trends.

This course is intended to be used as a supplement to the “new miner” training element of a mine operator’s mine safety training plan required by Title 45.1-161.292:73 of State mining laws, and where applicable, MSHA Part 46 new miner training. Upon completion of this segment of training, new miners must undergo “task training” for their initial work assignment as well as any remaining training subjects specified in the company’s mine safety training plan.

General Mineral Miner Certification Summary

As specified in Title 45.1-161.292:28 of Mineral Mine Safety Laws Of Virginia, new miners commencing work after January 1, 1997 must be certified by the Board of Mineral Mining Examiners (BMME) as general mineral miner (GMM) prior to starting work. BMME regulation 4VAC25-35-120 specifies topics that must be covered in the training, which includes the following:

  • Review of State mining laws; each miner must be provided a copy of State mining laws.
  • Review of DMM safety and health regulations for mineral mining.

*Review of GMM emergency first aid procedures:

  1. Identification of trauma symptoms.
  2. Recognition and treatment for external bleeding.
  3. Recognition and treatment for internal bleeding.
  4. Recognition and treatment of shock.
  5. Treatment for fractures.
  6. Treatment for exposure to extreme heat.
  7. Treatment for exposure to extreme cold.

GMM instructors can obtain the current (March 2001) version of DMM’s General Mineral Miner Training Course (Power Point), or other training materials by contacting the DMM training section at (434) 951-6315.

The GMM training must be conducted by a DMM-approved instructor, BMME-certified mine foreman, or MSHA-approved instructor. In addition, the instructor must include a demonstration of skills or written examination to prove to the BMME, the participant’s knowledge of topics covered (4VAC25-35-120.B).

Upon completion of training and testing, each participant must complete a GMM training/certification form (BMME-4), which must be signed by both the GMM applicant and instructor. In addition, the instructor must complete a GMM course roster provided by DMM which specifies date of training, names of applicants, and GMM certificate identification numbers issued. The course roster, along with completed application forms (BMME-4) and a check made payable to the Treasurer of Virginia covering the $10 certification fees, is then sent to the DMM office in Charlottesville, Virginia for processing. Failure to submit the required certification fee ($10 per applicant) within 30 days will result in revocation.

Mine operators and independent contractors must maintain a record of all GMM-certified employees working at the mine, and a record of all previously employed (prior to January 1, 1997) personnel who are not required to have GMM certification (4VAC25-25-120.B.G). The records must include the following:

  1. Employee name, address, and telephone number.
  2. Employees job title, date of hire, and GMM certification number if applicable.
  3. Date GMM training was completed and name of the approved instructor conducting the class.
  4. Date of employment prior to January 1, 1997 for those employees who are exempt from GMM certification. Mine operator should have documentation to prove the previous work experience at a mineral mine in Virginia.

Instructors who are authorized by the Board of Mineral Mining Examiners (BMME) to carry out GMM training & certification are individually accountable for the classes they conduct. Course content must be consistent with topics specified in State mining laws and BMME regulations. GMM instructors should not certify any class participant who is unable to demonstrate a general working knowledge of the topics specified in GMM training (45.1-161.292:28.B Mineral Mine Safety Laws Of Virginia).

GMM Lesson Plan #1: Review of State Mining Laws

Overall Objective: Familiarize new miners with Virginia mine safety laws.

Specific Objectives: Review definition of miner, operator, and independent contractor.

Review training and certification requirements.

Review mine safety inspection requirements.

Review methods of reporting safety violations.

Review DMM enforcement actions.

Instruction Time: ½-hour.

Instruction Method: Lecture and discussion using student handouts and slides.

Training Materials: Law book for each participant.

Handout “Overview of State Mining Laws For New Miners”.

Handout “Virginia Mine Safety Laws & Regulations”.

DMM updated (March 2001) GMM course CD, or 35-mm slides.

Computer w/projector, or 35-mm slide projector, and screen.

Using slides 1 – 18 provided in Part 1 (Mine Safety Laws) of the GMM course, and student handouts listed above, instructor will review and discuss the sections of law that pertain to a new miner. See the enclosed GMM Course slide script.

GMM Lesson Plan #2: Review of DMM Safety & Health Regulations.

Overall Objective: Familiarize participants with potential safety or health hazards associated with mineral mining, and DMM safety and health regulations that address those hazards.

Specific Objectives: Review highlights of regulations Parts 1 – 15 that all new miners must be aware of for their individual safety.

Instruction Time: 3 ½ - hours.

Instruction Method: Lecture and discussion by use of course slides.

Training Materials: Copy of Safety And Health Regulations For Mineral Mining.

DMM updated (March 2001) GMM course CD and computer, or 35-mm slides with projector, and screen.

Using slides (19 - 147) provided in Part 2 (Safety 7 Health Regulations) of the GMM course, instructor will review potential hazards and regulations that pertain to a new miner employed at a mineral mine in Virginia. See enclosed GMM Course slide script.

GMM Lesson Plan #3: GMM Emergency First Aid Procedures

Overall Objective: Familiarize participants with emergency first aid procedures to be used when treating an injured victim.

Specific Objectives: Review & practice identification & treatment for:

Trauma.

External bleeding.

Internal bleeding.

Shock.

Fractures Exposure to extreme heat.

Exposure to extreme cold.

Instruction Time: 2-hrs.

Instruction Methods: Lecture, instructor demonstration, student practice.

Training Materials: GMM course on CD or 35-mm slides.

First aid practice materials.

Using slides 148 - 170 provided in Part 3 (GMM First Aid) of the GMM course, instructor will discuss, demonstrate, and supervise participant practice of the seven first aid procedures. See enclosed GMM Course slide script.

General Mineral Miner Course Slide Script March 2001

Part 1 of 3: Review of State Mining Laws:

  1. General Mineral Miner Training. A supplement to new miner training specified in the mine operator’s mine safety training plan required by State mining laws.
  1. GMM Certification Required Prior To Start Of Work (45.1-161.292:28). For those persons engaged in work related to extraction or processing. Persons working at mineral mines in Virginia prior to January 1, 1997 are exempt.
  1. Topics & Reference Books. Virginia mine safety laws, DMM safety and health regulations, and MSHA first aid booklet #3.
  1. GMM Certification Training. (4VAC25-35-120.B). Training must be taught by BMME-certified mine foreman or DMM/MSHA approved instructor. (4VAC25-35-120.B.2).

Training must include demonstration of skills or passing a written examination.

  1. Enforcement of State Mining Laws and Regulations. Training, certification, and other State mine safety laws & regulations enforced by Division of Mineral Mining. Training assistance is also provided to mine operators and contractors.
  1. Section I State Mining Laws. (45.1-161.292:70.B). New employees must be given a copy of Mineral Mining Safety Laws of Virginia. Mine employees, supervisors, managers, contractors, or other persons working at mine are individually accountable for complying with State mining laws and safety regulations applicable to their work.
  1. Mine Work Restrictions. (45.1-161.292:5). No person under the age of 18 is allowed to work at mines. (45.1-161.292:73). All persons working at mines must be given site-specific hazard awareness training. (45.1-161.292:8.B). Compliance with State mining laws & regulations required regardless of MSHA inspection status.
  1. BMME Certification of Persons 45.1-161.292:19. The following must be certified by BMME: surface & underground foremen; surface & underground blasters, mine electricians, new miners (GMM), and State mine inspectors. (45.1-161.292:25).

Certification, except GMM, must be renewed every 5 years.

  1. Revocation & Penalties. (45.1-161-292:67/68). Any BMME certification may be revoked for just cause: intoxication, neglect of duties or violations. Violations issued to person(s) responsible for the violation and willful violations can be prosecuted. 10. “Miner” Means Any Person Working At Mine. Persons employed by licensed mine operator or any independent contractor performing work related to extraction or processing must be GMM certified. (45.1-161.292:73). Miners must be trained in accordance with the mine safety training plan.

11. “Operator”. (45.1-161.292:2). Means either the mining company, or the “independent contractor” performing services or construction at mine.

12. BMME-Certified Mine Foreman. (45.1-161.292:29). When 3 or more persons are working at a mine, a certified foreman must be employed by the operator. (45.1-161.292:29.D). Contractors not engaged in extraction or processing activities, working away from on-going mining work can utilize a “competent person.”

13. BMME-Certified Mine Foreman 45.1-161.292:29. When 3 or more persons working: mine employees, contractor employees, and/or other persons.

14. DMM Training Requirements. (45.1-161.292:73). Mining companies, and independent contractors must have a complete “Mine Safety Training Plan.” (4VAC25-40-100). New miner training must include GMM training & certification, and initial task(s) training.

15. Reporting Safety Violations. (45.1-161.292:70). Any person may file an anonymous safety complaint to DMM alleging violations of State mining laws or regulations.

Telephone numbers of DMM office and state mine inspectors must be posted at mine for reporting violations, accidents, serious fires, or other mine emergencies.

16. DMM Complaint Investigations. DMM cannot reveal the identity of person(s) filing a safety complaint. (45.1-161.292:70). Information regarding the identity of the person reporting violations shall be excluded from the investigation report and exempt from the Virginia Freedom of Information Act.

17. DMM Enforcement Actions. (45.1-161.292:63). A Notice of Violation (NOV) is issued for safety hazards/violations detected during inspections or complaint investigations. (45.1-161.292:64). A Closure Order is issued for imminent danger or failure to comply with an NOV. (45.1-161.292:67/68). Willful violations can be prosecuted.

18. Mineral Mine Safety Laws Highlights. Individual accountability to comply with State mining laws and regulations. Violations are issued to responsible person(s). All persons working at the mine must receive safety training as specified in employer’s mine safety training plan.

End of Part 1 of 3.

Part 2 of 3 Review of Safety And Health Regulations For Mineral Mining:

19. Section II Safety & Health Regulations. An overview of regulations found in Safety And Health Regulations for Mineral Mining. (4VAC25-40-100). An in-depth review of regulations applicable to assigned task(s) required upon completion of GMM training during task training.

20. Part 1 General Provisions. (4VAC25-40-10); (45.1-161.292:2). Definitions. (4VAC25-40-40). Persons responsible for mining or blasting must be certified by the BMME. (4VAC25-40-50). Accidents involving death or “serious personal injury” to any person must be reported immediately.

21. DMM Accident Investigation Fatal Contractor Accident. (4VAC25-40-50). Accidents involving serious personal injury or death must be reported immediately, and the accident scene secured.

22. Documents Incorporated Into Regs (4VAC-40-90). TLV’s for miner’s exposure to dust, noise, and other air contaminants in Part 5. Table of Distances for explosives storage magazines for use, in Part 6. National Electrical Code for use in Part 12. Boiler & Pressure Vessel Regulations for use in Part 8.

23. Part 2 General Safety Provisions. General safety provisions for all types of mines: quarry, open pit (S&G) mine, bank gravel pit, and underground mine.

24. Inexperienced Employees 4VAC25-40-110. Miners with less than 6-months experience must work with, or under the direction of an experienced miner. No one under 18 allowed to work at mines.

25. Pre-Shift Examination of Pit 4VAC25-40-120/130. Performed by a mine foreman at beginning of each shift. Objective to detect & eliminate hazards prior to miners starting work in the area. Record of inspections required.

26. Pre-Shift Examination of Plant 4VAC25-40-120/130. Certified foreman examines general work environment to detect and eliminate hazards prior to miners starting work in the area. Miners inspect individual pieces of equipment.

27. Pre-Operational Inspection of Mobile/Stationary Equipment. (4VAC25-40-145). Miners inspect assigned equipment to use each shift. Safety defects must be reported to the mine foreman. Serious safety defects must be repaired prior to use.

28. First Aid Training & Supplies 4VAC25-40-140/1690. Certified foreman must be trained & certified in first aid. First aid kits must be provided at all work areas.

29. Working In A Hazardous Area 4VAC25-40-150. No person shall be assigned, allowed, or required to work alone in a hazardous area, such as a confined space (silos), unless they can be seen or heard by someone in attendance. 30. Mine Communication System 4VAC25-40-180. Miners working alone must have some means to summons help in case of an emergency: cellular/landline telephone, radio, etc.

31. Work Environment Requirements. (4VAC25-40-200). Adequate Illumination. (4VAC25-40-220). Drinking water. (4VAC25-40-230). Sanitary toilets.

32. Cleanliness of Work Areas 4VAC25-40-210. Work areas, structures, and travelways must be kept clean and orderly. Check during pre-operational inspection. Also, check walkway support structures.

33. Liquor & Illegal Drugs Prohibited 4VAC25-40-250. The use of alcohol and narcotics is prohibited. SF must be informed when prescription or over-the-counter drugs that may impair safety are used.

34. Posting Hazard Signs 4VAC25-40-260. Warning signs specifying hazard(s) must be posted in areas where the hazard is not obvious.

35. Restricting Access to Idle Mines 4VAC25-40-290. Access to mine must be restricted by the use of a gate or fence, and warning signs must be posted.

36. Use & Maintenance of Equipment. (4VAC25-40-330). Use only for intended purpose, and within the designed capacity. (4VAC25-40-360). Maintained within the manufacturer’s specifications, and “red tag” defective equipment.

37. Lubricating Equipment 4VAC25-40-340. De-energize, lock & tag out unless, equipped with remote lube points (grease tubes/oil cups). Work from a safe position.

38. Repairing Stationary Equipment 4VAC25-40-350. De-energize, lockout, & tag out equipment. Block belt against sudden movement. Isolate other energy sources. Work from a safe position with PPE.

39. Repairing Mobile Equipment 4VAC25-40-350/1685. Block equipment against motion: tires, blade, truck bed, etc. Perform repairs in safe area away from traffic. De-energize/tag-out energy sources: engine, air pressure, hydraulic, etc.

40. Maintenance & Repair Work Hazards. Often requires working beyond hand railing.

Wear safety harness with tied-off lanyard. Do not work alone.

41. Use of Grinding Wheels 4VAC25-40-380. Maintain according to manufacturer’s specifications: safety hood, tool rest, safety washer, RPM rating of wheel.

42. Use of Mobile Cranes 4VAC25-40-385. Limited to lifting material unless special safety provisions are provided to protect persons being lifted. Hazard training must be given for crane contractor. 43. Part 3 Ground Control Requirements. Quarries, Sand & Gravel Mines, Sand/Shale Pits, Underground Mines.

44. Quarry Development 4VAC25-40-390. Mining method must ensure ground, wall, bench, and bank stability in rock and overburden extraction activities. Benching of quarry walls required.

45. Determining Bench Height. Geology, condition of post-blast free-face, type of drill, reach of pit shovel/F-E loader, and method of scaling to be used.

46. Bench Height Factors 4VAC25-40-390/420. Size of mobile equipment being used to load & haul: Equipment cab protection, and ability to reach & remove (scale) loose rock on face above. Safe means of scaling loose rock from face of bench or wall must be provided. Stability of post-blast walls & benches as a result of geologic conditions & blasting.

47. Highwalls Vs. Benches. Inactive highwall in background poses serious safety hazards: wall not benched, loose rock on wall not scaled. Area must be barricaded & posted with warning signs.

48. Example of Safe Bench Height. Reach of F-E loader allows operator to scale loose rock from face of bench. Wall above work area benched.

49. Sand & Gravel Pit Development 4VAC25-40-390. Mining method must ensure bank stability; including sloping banks to *angle of repose to ensure ground stability for mobile equipment (crane) operator and other persons.

50. Vertical Pit Bank Not Sloped to Angle of Repose. (4VAC25-40-390). Vertical bank must be sloped to “angle of repose” to ensure back stability. Reach of the F-E loader consistent with bank height for use in sloping for ground stability.

51. Stockpile Safety Requirements. (4VAC25-40-480). Keep trimmed to angle of repose to ensure stability. Stockpile loader operator should trim pile prior to moving.

52. Part 4 Fire Prevention & Control. Requirements for fire extinguishers, warning signs, training, and storage of combustible & flammable liquids.

53. Fire Extinguishers 4VAC25-40-610. Must be suitable for class of fire hazards (A, B, C), in fire-ready condition, strategically located, appropriate size & quantity for any fires that may occur, and must be inspected monthly.

54. Fire Extinguishers On Mobile Equipment 4VAC25-40-670. Mounted in cab, on outside or within 100 ft. of where equipment is being operated. 55. Warning Signs At Fueling Area. (4VAC25-40-510). Warning signs are required. (4VAC25-40-490). No smoking or open flames within 25 feet. (4VAC25-40-520).

Stored in acceptable containers.

56. Fire Emergency Summary. (4VAC25-40-640). Meet with local fire officials to review potential fire hazards at mine, and discuss state mining laws related to mine fires.

Review Fire Emergency Response plan with all employees & contractors working at the mine.

57. Part 5 Health Requirements. Dust, Noise, Welding fumes, and Other air contaminants/materials.

58. Potential Health Hazards at Mineral Mines. Respirable dust containing free silica.

Nuisance dust which can pose safety or health hazard. Noise from mobile & stationary equipment. Toxic welding fumes. Contact with hazardous materials.

59. Employee Dust Exposure Limits 4VAC25-40-720. Employee’s exposure cannot exceed limits specified in ACGIH TLV’s. Limit (TLV) based upon rock (free silica content).

Respirator cannot be used in lieu of dust control devices.

60. Controlling Dust At Mines 4VAC25-40-740. Sources of dust shall be wetted-down unless controlled by dry collection measures such as wet suppression (water sprays), dry collection (bag-house), and/or isolation by enclosure.

61. Controlling Dust On Haul Roads 4VAC25-40-740. Fugitive dust from haul roads can pose both a health and safety hazard to miners. Active haul roads must be wetted down.

62. Noise Exposure Limits 4VAC25-40-770. Miner’s exposure limit cannot exceed 90 dB.

Hearing protection must be provided upon request. Use engineering and administrative controls to limit exposure.

63. Other Hazards & TLV’s 4VAC25-40-720. Welding fumes when working in confined spaces. Carbon monoxide from gas engines. Nitrogen oxides from diesel engines.

64. Part 6 Explosives. Storage, transportation, use, effects, and other restrictions.

65. Use of Explosives 4VAC25-40-800. BMME-certified blaster must be in direct charge.

Miners who assist blaster must be GMM certified & task trained in accordance with employer’s mine safety training plan.

66. “Blast Site” Must Be Cleared Prior To Start of Loading. (4VAC25-40-800.G.4). Mining equipment & other persons must be removed from “blast site” prior to start of loading of shot. Stay a safe distance away! 67. “Blast Area” Must Be Cleared Prior to Detonation. (4VAC25-40-800.R). Blast area must be cleared prior to detonation. Blast area, as defined in Part 2 definitions, usually the entire quarry pit.

68. Detonators & Explosives Safeguards 4VAC25-40-800. Caps & explosives separated at borehole. Primers cannot be assembled in advance of hole being loaded. Lower primers down borehole slowly. Never tamp a primer.

69. Loading Equipment Restrictions 4VAC25-40-800.P. Keep equipment a safe distance from caps & explosives on ground. Never operate mobile equipment used for dewatering or stemming holes directly over a loaded hole.

70. Post-Blast Exam of Blast Area 4VAC25-40-800.T. Blaster & foreman must examine area for misfires or ground control hazards; actual misfire shown. Other persons cannot return to area until blaster gives “all clear” signal.

71. Effects of Blast Must Be Within DMM Limits. (4VAC25-40-880). Ground Vibration. (4VAC25-40-890). Airblast. (4VAC25-40-800.D). No flyrock.

72. Flyrock Can Be Fatal! (4VAC25-40-800.Q). Blast warning signal required. Failure to move to a safe location may result in injury or death.

73. Part 7 Drilling Requirements. Inspection of equipment. Inspection of work area.

Ground control hazards.

74. Inspection of Drill Equipment 4VAC25-40-950. Inspect drill prior to use each shift; report unsafe conditions to mine foreman. Inspect work area prior to start of work; and frequently thereafter.

75. Hazardous Work Area For Drillers & Blasting Crew. A number of safety hazards & violations make this work area unsafe! Continuing to work under the quarry wall exposes drillers and blasters to serious risk!

76. Inspection of Work Area 4VAC25-40-970. Inspect area prior to start of work and frequently thereafter. Certified foreman must conduct pre-shift examination prior to drillers starting work.

77. Drilling Hazards Can Kill! Bench height should be consistent with geology. Never work under hazardous wall. Loose material must be scaled prior to start of drilling.

78. Part 8 Compressed Air & Gases. Compressor safety devices. Use of compressed air of cleaning. Compressed gas cylinders. Welding & cutting.

79. Compressor Safety Devices. (4VAC25-40-1110). High temperature fusible plug set @ 400 degrees. (4VAC25-40-1120). Automatic pressure release valves. (4VAC25-40-1180). Checked daily. 80. Use of Compressed Air 4VAC25-40-1200. At no time shall compressed air be directed towards a person unless a diffuser limiting pressure to no more than 30 PSI is used. Be safe, remove jacket or coveralls prior to cleaning with compressed air.

81. Compressed Gas Cylinders. (4VAC25-40-1220). Stored away from oil & grease. (4VAC25-40-1240). Valves closed. (4VAC25-40-1250). Secured in upright position.

82. Welding & Cutting Restrictions. Task training required prior to use. Well-ventilated work area required. Fire prevention safeguards required: fire extinguishers, shields, covering combustibles with water, sand, etc.

83. Use of Welding/Cutting Equipment. (4VAC25-40-1260). Tank valves and gauges protected. (4VAC25-40-660). Never cut into a flammable liquid container prior to draining, cleaning, & filling with inert gas or material.

84. Part 9 Mobile Equipment Requirements. Pre-operation inspections. Equipment safety requirements. Safe operating procedures. Repairs. Safe work environment.

85. Mobile Equipment Safety Responsibilities. Company must provide mobile equipment in safe operating condition. Miners must be “task-trained” and operate equipment in a safe manner. Company must provide safe work environment.

86. Pre-Operational Inspection 4VAC25-40-145. Performed by the equipment operator prior to use each shift. Report serious safety defects to foreman for repair prior to use.

87. Using All Types of Ladders. (4VAC25-40-1850). At least 3” toe clearance. (4VAC25-40-1910). Face ladder and have both hands free for climbing. Keep rungs clean.

88. Services (Foot) Brakes 4VAC25-40-1320. Brakes on trucks, loaders, pans, and other types of mobile equipment must be capable of “stopping & holding” loaded vehicle on steepest grade traveled.

89. Emergency Brakes 4VAC25-40-1330. A separate emergency brake system must be provided on mobile equipment when generally available for the particular class of equipment.

90. Safety Requirements. (4VAC25-40-1340). Sound warning prior to starting or moving. (4VAC25-40-1350/1360). Cab & glass in good condition. (4VAC25-40-1380). No extraneous material in cab.

91. Safety Equipment. Automatic back-up alarm: or strobe light at night. Ladders, hand railing, glass & lights in good condition. Drive line & steering systems in good condition. 92. ROPS Cab & Seat Belts 4VAC25-4-1370. Appropriate Roll Over Protection (ROPS) or Falling Object Protection (FOPS) required on mobile equipment manufactured after 6/30/69. Equipment operator must use seat belt provided.

93. Traffic Control Signs 4VAC25-40-1540. Traffic, speed limits, patterns & rules must be posted. Stop or Yield signs at intersections. One-way traffic areas. Drive left vs. right.

Yield to loaded trucks.

94. Safety Berms Required on Roads 4VAC25-40-1410. If road elevation is sufficient to cause a vehicle to overturn. Berm must be capable of restraining the largest piece of mobile equipment in use. Use both boulders and fines for strength.

95. Determining Height of Berms 4VAC25-40-1410. Height & width must increase when there is an increase in: size of equipment, grade of road (steep), in authorized speed limit.

96. Hazardous Haul Road. Open boulder berm not capable of restraining an out of control haul truck on quarry ramp. Roads should not approach walls or benches head-on.

97. Working From Bucket Prohibited 4VAC25-40-1680. Working from a raised F-E loader bucket not allowed. Use man-lifts designed to lift persons.

98. Repairing Mobile Equipment 4VAC25-40-1685. Shut engine off and tag-out. Block raised bed and other parts against motion. Keep tire secured until attached to hub.

99. Mobile Equipment Safety Summary. Equipment in safe operating condition. Operate equipment in safe manner per task training. Ensure work area is free of safety hazards.

100. Part 10 Personal Protection Equipment. First aid materials. Basic PPE. Fall protection. Welding & cutting. Finger ring restriction. Reflective tape on hard hats.

Falling material hazard.

101.First Aid Materials 4VAC25-40-1690. First kits must be provided in all work areas.

First Aid booklet useful in each kit. Should be covered in annual safety training.

102.Basic PPE At Mines. (4VAC25-40-1710). Hard hat. (4VAC25-40-1720). Safety-toe footwear. (4VAC25-40-1730). Safety glasses.

103.Fall Protection PPE 4VAC25-40-40-1740. Harness & attached lanyard required if working beyond hand railing; or other areas in plant or pit where fall hazard exists.

104.Scene of Fatal Suffocation Deaths in Crusher-Run Bin. Two miners killed in bin under conveyor when suffocated in crusher run material. Safety harness & attended lifeline must be used when entering partially filled confined space. 105.Welding & Cutting Hazards 4VAC25-40-1750. Flying material & ultraviolet radiation burn to eyes. Shaded welder’s goggles required. Fire-resistant clothing if exposed to hot slag.

106.Use of Dust Respirator. (4VAC25-40-720). Cannot be used in lieu of feasible engineering to control sources of dust. Must be suitable for type of dust or other contaminant in work environment.

107.Finger Rings Prohibited 4VAC25-40-1780. Finger rings shall not be worn while operating on equipment or tools. Numerous injuries have resulted from wearing finger rings while working at mines.

108.Use of Reflective Tape 4VAC25-40-1785. On hat or clothing when working at night or in UG mine. Visible from all directions.

109.Protection From Falling Material 4VAC25-40-1800. (4VAC25-40-1800). Barricade access to grizzly impact area. Post warning signs.

110.PPE Requirement Summary. Required PPE depends on what you are doing and where you are doing it. Use of proper PPE protects you!

111.Part 11 Travelways. Safe access to work areas. Railed walkways & work platforms.

Ladders. Keeping travelways clean.

112.Safe Means of Access 4VAC25-40-1810. Railed walkways, stairs, work platforms, or other structures. Portable & fixed ladders. Designated paths along ground surface.

Roadways & ramps. Mobile equipment designed to lift persons. Boats.

113.Requirements For Elevated Walkways & Stairs. (4VAC25-40-1820). Substantial constructions, provided with handrails, and toeboards where passing over roads or travelways.

114.Railed Walkway Requirements. (4VAC25-40-1810/1890). Where miners regularly travel. (4VAC25-40-1880/1960). Non-skid walking surface kept clean & free of ice.

115.Travelway Safety Hazard 4VAC25-40-1980. Fall hazard on short ladder requires back-guard to prevent accidental fall to ground below walkway. (4VAC25-40-1930).

Conveyor crossover required.

116.Railed Work Platform Requirements. (4VAC25-40-2010). Must be provided at elevated areas where miners work. Also required at work locations over water such as floating pump stations.

117.Safe Access to All Work Areas by Ladder/Walkways/Equipment. Equipment used must be designed to lift persons (man-lift). 118.Part 12 Electrical Requirements. Electrical system & components. Installation restrictions. Warning signs & restricted access. Electrical safeguards. Lockout & Tag out. Electrical grounding.

119.Electrical System Components. Transformer. Electrical switches. System ground rod.

Equipment ground conductors. Current-carrying conductors (wires). Motors, lights, etc.

120.Electrical Installation Requirements. Installed in accordance with DMM Part 12 regulations, and the National Electrical Code (NEC). (4VAC25-40-2015). Installed & tested by a certified electrician.

121.Motor Control Center (MCC). (4VAC25-40-2190). Danger-sign posted. (4VAC25-40-2200). MCC access limited to trained persons. (4VAC25-40-2170). 3-ft. clearance around equipment.

122.Circuit & Equipment Protection. (4VAC25-40-2020/2030). Fuses, circuit breakers, and switches. (4VAC25-40-2160). Switches must be labeled. (4VAC25-40-2180). Dry wood floor or rubber mats.

123.Switch-House Safety Equipment. (4VAC25-40-2330). Fuse tongs. (4VAC25-40-2370). Functional operating handles/controls on boxes. (4VAC25-40-2020). Properly sized fuses, breakers, & starters.

124.Electrical Lockout and Tag-Out. (4VAC25-40-2140/2150). Company must provide miners with lock-out/tag-out devices, and training in their use. Miners must lock-out/tag-out equipment prior to start of repairs or maintenance of equipment.

125.Miner’s Inspection of Assigned Electrically-Powered Equipment. When performing pre-operational inspection of equipment, visually check for missing covers, broken conduit, stray current, or other hazards. Report hazards to mine foreman.

126.Electrical Safety Summary. All miners must receive electrical hazard recognition training. Task training required prior to performing any electrical task under the general supervision of a certified electrician. Always lockout & tag-out prior to starting repairs on electrically powered equipment.

127.Part 13 Materials Handling. Confined space hazards. Safeguards. Handling methods.

128.Confined Space Entry 4VAC25-40-2550. Lockout & tag-out supply & discharge conveyors. Wear safety harness with attended life-line. Enter from top, bardown loose material to avoid entrapment.

129.Use of Cranes. (4VAC25-40-2580). Hitches & slings of safe designs & capacity. (4VAC25-40-2590). Use tag lines to guide suspended load. (4VAC25-40-2600). Stay clear of load. 130.Lifting & Dropping Materials In Plant Area. Lift heavy materials by use of fork-lift truck, hoist, or crane. (4VAC25-40-2620). Riding load prohibited. (4VAC25-40-2610).

Barricade impact area prior to drop.

131.Handling Heavy Materials. Avoid a back injury…. use mechanical aids such as hoist truck, fork-lift, loader, or crane to lift heavy loads! Bend at knees when lifting!

132.Part 14 DMM Guarding Requirements. Two (2) levels of equipment guarding: (4VAC25-40-2680). All moving parts within 7-ft. reach, except conveyor pulleys, must be guarded to prevent accidental contact. (4VAC25-40-2700.A). Conveyor pulleys within 7-ft. reach must be guarded to prevent deliberate contact due to higher risk of serious or fatal injury.

133.Guarding Responsibilities. Company must install guarding required by DMM Part 14 regulations. Miner assigned to operate equipment must ensure guards in place prior to use. Certified foremen must ensure that defective guards reported by miners are repaired or replaced.

134.Guarding Criteria #1. If it moves and is within 7-ft. reach, it must be guarded!

135.Guarding Criteria: (4VAC25-40-2680). Guarding on accessible equipment, except conveyor pulleys, must prevent accidental contact. Hand railing is not an acceptable guard.

136.Guarding Criteria: Conveyor Pulleys. (4VAC25-40-700.A). Pulleys (tail, head, drive, snub, and take-up) which pose a high risk of severe injury, must be guarded against deliberate contact.

137.Inadequate Head-Pulley Guard 4VAC25-40-2700.A. Guard must extend a distance sufficient to prevent reaching behind, over, or under and becoming caught in moving parts.

138.Guarding Moving Belt & Idlers. (4VAC25-40-2700.B). By use of inside hand railing or emergency stop-cord. Position to prevent fall on or against moving belts & open idlers.

139.Guards In Place Prior To Starting Equipment. (4VAC25-40-2740). Do not start equipment without guards in place. Exception: testing equipment. Check guards during “pre-operational inspection.”

140.Maintenance of Guards 4VAC25-40-2750. Guards must be sufficiently strong & maintained to prevent contact with moving parts. Miners must check each shift prior to start-up.

141.Part 15 Underground Mineral Mines. Underground haulroad at quarry. Underground limestone mine portals. 142.Inspection of Work Areas by Certified Foreman & Miners. Certified underground mine foreman must conduct pre-shift examination of all work areas prior to miners starting work. Miners must also inspect their work area and equipment prior to start of work.

143.Ground Control Requirements. Mine operator must use mining method which ensures ground stability; including rock bolting, timbering or other types of support where necessary.

144.Ventilation & Air Quality. Mines must have sufficient ventilation to dilute gases from diesel equipment and other sources. Air quality testing must be conducted each shift.

145.Travelways/Escapeways. Escapeways must be clearly marked, and covered in mine emergency training. Miners must have a self-rescue breathing device available for use during a mine emergency.

146.Additional Training Required. In addition to the topics covered thus far, persons who will be assigned to work underground must undergo addition training in topics related to potential hazards and safe work practices in underground mineral mines. Some of the topics to be covered are shown in the following slides.

147.DMM Regulations Summary. In addition to the general review just completed, new miners must be given additional instruction in specific company and DMM safety and health regulations related to their initial task(s) at the mine. Once properly trained, miners must comply with regulations applicable to their work at mineral mines.

End of Part 2 of 3.

Part 3 of 3 GMM Emergency First Aid Procedures:

148.Section III Emergency First Aid Procedures. Trauma. External & internal bleeding.

Physical shock. Fractures. Exposure to extreme heat & cold.

149.Accident Scene Precautions. Ensure your personal safety, as well as that of the injured victim and bystanders. Summon help: mine foreman with first aid supplies and rescue squad. Tread victim where found unless accident scene is unsafe.

150.Trauma Symptoms. Sudden physical injury which can involve external or internal bleeding, broken bones, physical shock, or skin tissue damage resulting from exposure to extreme heat or cold.

151.ABC’s of Initial Assessment. Ensure airway (A) is open. Ensure victim breathing (B).

Check for blood circulation (C) pulse and treat severe bleeding. After life-threatening conditions are under control, check for & treat any other injuries.

152.Open Victim’s Airway (A). Use head-tilt, chin-lift method if no spinal injury is suspected. Use modified jaw thrust if spinal injury is suspected. If necessary, clear any obstruction in airway.

153.Clear Airway Obstruction. If victim is conscious, use the Heimlich Maneuver as shown.

If victim is unconscious on their back, give abdominal thrusts with heel of hand between navel and tip of sternum.

154.Assess Victim’s Breathing (B). Look, listen, and feel for normal breathing; if absent, use mouth-to-mouth airway shield to perform artificial ventilation. Ventilate victim’s lungs 1 ½ to 2 seconds in duration at a rate of 10 to 20 times per minute.

155.Assess Blood Circulation (C). Check for normal pulse rate (60-80 beats per minute) at carotid artery; if absent, administer CPR if trained/certified. Examine for and treat any severe bleeding.

156.Identify Type of Bleeding.

157.Control External Bleeding. Use sterile dressing. Apply direct pressure on the open wound. Once bleeding subsides apply outer bandage over dressing. Elevate limb to reduce blood pressure at wound.

158.Use of Pressure Points to Control Arterial Bleeding. Artery located over a bone near the surface of skin. Apply digital pressure on pressure point located between the heart and the wound. Release pressure slowly when bleeding subsides.

159.Internal Bleeding Symptoms. A victim who suffers a fall injury may exhibit signs & symptoms similar to physical shock: pale, cool & clammy skin; rapid breathing, weak pulse; dull eyes & enlarged pupils; nausea & vomiting; and pain in affected area. 160.Treatment for Internal Bleeding. Do not give victim anything to drink. Anticipate vomit and keep airway clear. Treat patient for shock. Transport patient to hospital ASAP.

161.Symptoms of Physical Shock. Physical changes: shallow breathing, weak & rapid pulse, dull eyes with enlarged pupils, dazed look, cool, moist skin, nausea & vomiting.

Emotional changes: partial or complete unconsciousness, or slow response to questions.

Always suspect & treat for shock!

162.Treatment for Physical Shock. Treat other injury. Keep victim lying down. Keep airway clear. Cover patient with blanket to keep warm. Elevate feet if no head injury.

163.Symptoms of Fractures. Pain, swelling, deformity, and loss of function.

164.Treatment for Fractures. Handle carefully and gently. Do not attempt to straighten deformed limb. Support & immobilize the fractured limb by use of a splint.

165.Splinting Fractured Arm. One rescuer supports injured limb while the other applies the splint and bandages. Immobilize splinted limb against chest by use of triangular bandages.

166.First Aid Treatment – Heat. Move victim to cool area. Loosen clothing & apply cool packs. Apply cool, wet towels to skin. Fan victim. Transport to hospital ASAP.

167.Cold Injury Symptoms. Shivering, numbness, drowsiness, decrease in level of consciousness, and red or blue skin that feels hard.

168.First Aid for Cold Injuries (Hypothermia). Move victim to warm area. Remove any wet clothing & wrap with blankets. Warm trunk of body first, do not warm too quickly.

Bandage (loosely) frostbite or frozen areas. Transport to medical facility.

169.GMM First Aid Summary. Be aware that the mine foreman is fully trained in first aid, and that first aid materials are available at mine site. Do not become a second victim, assess the accident scene prior to rendering first aid assistance to an injured victim.

Don’t act alone, summons additional help immediately.

170.Summary of GMM Course. Upon completion of GMM training and certification, all miners must undergo additional training as specified in the “New Miner” segment of their employer’s training plan; including initial “task training” for your initial job assignment at the mine.

End of Part 3 of 3.

At this point the instructor should evaluate each participant by written examination and/or demonstration of skills learned as required by BMME regulation 4VAC25-35-120.B.2. Each instructor is responsible for developing their own method of evaluation, and evaluation documents should be attached to the Instructor Copy of the GMM certification forms

(DMM/BMME-4).

GENERAL MINERAL MINER

TRAINING COURSE

APPENDIX OF MATERIALS Safety Talk: Virginia Mine Safety Laws & Regulations March 2001

Safety and health requirements found in Mineral Mine Safety Laws Of Virginia and Safety And Health Regulations for Mineral Mining establish comprehensive safeguards intended to protect persons working at surface or underground mineral mines. In addition, State reclamation laws and regulations establish strict environmental standards that all mine operators must follow from the time a mine is opened through final reclamation and close out. State mineral mining laws and regulations are enforced by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals, & Energy. The DMM office is located in Charlottesville, VA. and can be contacted at (434) 951-6310.

There are approximately 490 mineral mines currently permitted/licensed by DMM; these mine produce crushed stone, sand & gravel, chemical lime, and other construction and industrial products necessary to support a growing economy. Mine operators employ approximately 5,000 miners and utilize approximately 1800 contracting companies who perform service or construction work at mine sites. All persons working at a mine are considered miners, and must comply with State mining laws and regulations applicable to their work. DMM programs include both enforcement and operator assistance necessary to achieve compliance in the following areas:

Permitting & licensing of mine sites.

Training and certification of workers.

Compliance with DMM safety & health regulations

Investigation of accidents and complaints.

Compliance with DMM reclamation regulations.

The objective of DMM programs is aimed at promoting safe and environmentally sound mineral mining by eliminating safety, health, and environmental hazards.

State mine safety laws make each person individually accountable for compliance; safety violations are issued to the person or persons responsible which could include the mine operator or agent, contractor, supervisor, or employee. DMM safety regulations assign certain safety requirements to various persons such as the mine operator, certified mine foreman, certified blaster, certified electrician, or certified miners employed by the mining company or contractor working at a mine. Regardless of federal MSHA inspection status, all mine operators and persons working at mines must comply with State mining laws and regulations. Any person aware of a violation of State mining laws or regulations can file an anonymous complaint with

DMM.

Overview Of State Mining Laws For New Miners (March 2001)

The following requirements are found in Mineral Mine Safety Laws Of Virginia:

  • The term “miner” means any person working at a mine. The type of work performed determines the level (comprehensive or hazard training only) of training required. Miner training must be spelled out in the company’s mine safety training plan.
  • The term “operator” means any mine operator or independent contractor who operates a mine or performs services at a mine.
  • Mine operators and other persons working at mine must comply with applicable State mining laws and regulations (45.1-161.292:8).
  • New employees engaged in work related to extraction or processing, must be certified as “General Mineral Miner” prior to starting work at a mine (45.1-161.292:28.A).
  • General Mineral Miners must be trained in State mine safety laws, DMM safety and health regulations, and emergency first aid procedures (45.1-161.292:28.B).
  • No person under the age of 18 is allowed to work at mines (45.1-161.292:5).
  • Mine foremen, blasters, electricians, and new miners must be certified by the Board of Mineral Mining Examiners (BMME) 45.1-161.292:19.
  • When 3 or more persons are working at a mine, a BMME-certified mine foreman is required (45.1-161.292:29) who must ensure safe working conditions and practices.
  • All mines, except those being inspected by MSHA, must be inspected by DMM on a periodic basis (45.1-161.292:54); MSHA sites are not exempt from compliance with State mining laws and regulations. DMM enforcement at MSHA sites limited to investigation of reported accidents or complaints.
  • Any person may file an anonymous safety complaint with DMM alleging violations of State mine safety laws or regulations (45.1-161.292:70.A) by contacting the DMM office at (434) 951-6310, or any State mine inspector at their home office.
  • Violations (Notice of Violation) of State mining laws or regulations are issued to the operator, supervisor, employee, contractor, or other person(s) responsible for the violation (45.1-161.292:63).
  • A “Closure Order” can be issued for failure to comply with a “Notice of Violation”, an imminent danger, securing the scene of an accident, or operating without a mine license (45.1-161.292:64).
  • Mine operators, and independent contractors performing services or construction work at a mine, must have a complete mine safety training plan (45.1-161.292:73) for training employees. Records of training must be maintained for review by DMM.

Board of Mineral Mining Examiners Fontaine Research Park 900 Natural Resources Drive P.O. Box 3727 Charlottesville, VA 22903-0723 (434) 951-6310 Verification of Training Completed for General Mineral Miner (GMM) Certification Type or print this form in ink and submit it to the Board of Mineral Mining Examiners with a roster and $10 processing fee in the form of a check or money order made payable to the Treasurer of Virginia. Cash will be accepted if paid in person at a Division of Mineral Mining Office.

1. Full Name: S.S. #:

2. Date of Birth:

  1. Address: Street or P.O. Box City State Zip Code

4. Home Phone No.: ( ) Date of Employment:

  1. VA Mine Permit Number: Mine Phone No.: ( )
  2. Employer Company Name: Mine Name: Address: Street or P.O. Box City State Zip Code

7. Job title/description of job duties:

  1. I received training in first aid, or I have attached a copy of my valid first aid card, and received Training in Virginia’s mineral mining law and regulations on Date or Dates I hereby certify that the above answers are true to the best of my knowledge and belief.

Signed: Date: Signature of applicant for certification I hereby certify to the BMME that the training I provided to the applicant set forth above meets the requirements of Virginia Code § 45.1-161.292:28 B, 4 VAC 25-35-120 and the applicant has satisfactorily demonstrated to me the required knowledge of first aid practices, Mineral Mine Safety and Health Regulations, and the Mineral Mine Safety Laws of Virginia.

Name printed and signed: Certified foreman, certified MSHA instructor, or instructor approved by DMM to provide training #: Cert. #:

Commonwealth Of Virginia Division Of Mineral Mining

Name Of Miner

Social Security # Date Of Certification

Classification:

General Mineral Name Of Certified Instructor/Certified Miner Forman

Certification # for This to fee. ISSUED Board # certificationandyear. the form the by CERT seeking issued BMME when BMME-4throughout fee once the $10 with and conducted employee LOCATION recordRECORD form the courses of this of

# GMM BMME-4 copy number all a the ofATTENDANCE SOCIAL withsends SECURITY record certificate andCOURSE GMM submitted the be centralized a record. toinformationMINER (last,first,mi) is have recordingcourse NAME can which for requested withMINERAL the Roster, instructor number Instructor or CERT.# the completes CourseGENERAL by certificate simplyemployer used GMM the be the so as may instructor employee’s INSTRUCTOR used The the be columnof may cumulatively, last record employee.used record The TRAININGDATE be new Thisacan NOTE:maintain GMMDMM EMERGENCY TELEPHONE NUMBERS September 1, 2001

State mining laws & regulations being enforced by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals, & Energy require mine operators to post office and home telephone numbers of DMM state mine inspectors for use in reporting accidents, fires, safety violations, or other emergencies. Accidents involving death or serious personal injury to any person on mine property must be reported immediately by the quickest available means; contact with a DMM official is required, leaving a message on an answering machine is not acceptable for reporting accidents.

Listed below is the updated telephone numbers for DMM officials:

DMM office (8-5) Charlottesville………………………………………….. (434) 951-6310

Conrad Spangler, DMM Director (home)………………………………….. (434) 974-6862

Barney, Gary…………………………………………………………. (434) 929-7511/6021

Benner, David……………………………………………………………….(804) 739-8052

Bibb, Tom…………………………………………………………………..(434) 245-1361

Bishop, Allen………………………………………………………………. (434) 975-2512

Cress, Dave………………………………………………………………… (540) 722-6350

Fehrer, Damien…………………………………………………………….. (434) 315-0305

Grizzle, Paul………………………………………………………………... (804) 443-4685

Hagy, Mac………………………………………………………………….. (276) 597-7642

Johnson, Darrell……………………………………………………………. (757) 242-9971

Morgan, Bob……………………………………………….…… (540) 847-7943/786-8225

Smith, Charlie……………………………………………………………… (276) 773-2960

Smith, Jim………………………………………………………………….. (540) 586-0232

If unable to contact the mine inspector assigned to your mine, contact any other person listed above.

GMM Emergency First Aid Procedures

Topics: Trauma

External bleeding

Internal bleeding

Shock

Fractures

Exposure to extreme heat

Exposure to extreme cold

Trauma

When you arrive on the scene to care for an injured or ill person, you must make several decisions regarding not only the patient, but also the surrounding area. They are:

Scene Size-Up

  • Scene Safety – As you approach the scene, begin to observe the scene to ensure personal, patient, and bystander safety. Do not move the injured person unless absolutely necessary—you and/or the patient are exposed to further danger at the accident site.
  • Body Substance Isolation Precautions (BSI) – Determine and don the appropriate personal protective equipment that will be needed prior to patient contact.
  • Mechanism of Injury – If possible, determine what forces caused the injury or the evidence of a medical problem. Consider what witnesses tell about the accident, what you observe about the patient, and what the patient (if conscious) can tell you.
  • Determine the Number of Patients – If there is more than one patient, call or have someone else call for assistance.
  • Stabilization of Spine – During the initial assessment, avoid unnecessary movement or rough handling of the patient because it might aggravate undetected fractures or spinal injuries.

Initial Assessment

  • Form a general impression.
  • Look at and listen to patient.
  • Determine if the patient is alert and responsive or unresponsive.
  • Assess airway.
  • Ensure airway is open and remains open.
  • Assess breathing.
  • Ensure patient is breathing and breathing is adequate.
  • Assess circulation.
  • Control severe bleeding.
  • Determine the priority of the patient.
  • Determine if the patient needs immediate transportation.

Once life-threatening conditions are under control and obvious injuries have been treated, continue with the head-to-toe (detailed) examination. Look for any type of abnormalities such as swelling, discoloration, lumps, and tenderness that might indicate a hidden injury. The detailed examination should include the:

  • Head
  • Neck
  • Chest
  • Abdomen
  • Pelvis
  • Arms
  • Legs
  • Back surfaces

FIRST AID PROCEDURES FOR LIFE-THREATENING CONDITIONS

The most important concern is immediate recognition and correction of life-threatening conditions and taking action to prevent death or further injury, to relieve pain, and to counteract shock.

Treat life-threatening conditions in the following order:

  • Restore natural breathing.
  • Restore circulation – Cardiopulmonary Resuscitation (if necessary).
  • Control bleeding.
  • Reduce severity of shock.

Respiratory Arrest

If you determine the patient is not breathing or breathing efforts are minimal, you must provide artificial ventilation by mouth-to-mask, mouth-to-mouth, or mouth-to-nose.

When giving artificial ventilation, always use a barrier, such as a pocket face mask. The pocket face mask is made of soft, collapsible material and is small enough to be carried in a pocket or purse. It has a chimney with a one-way valve that allows your ventilations to enter, but prevents the patients exhaled air from coming back through the valve and in contact with you.

A patient not breathing is a life-threatening condition, and artificial ventilation must begin at once.

Causes

  • Suffocation
  • Gas poisoning
  • Electrical shock
  • Drowning
  • Heart failure Signs/Symptoms
  • The chest or abdomen does not rise and fall.
  • Air cannot be felt coming from the nose or mouth.
  • Skin color is blue or gray.

Mouth-to-Mask

  • Establish if the patient is unresponsive (tap the shoulder and ask, “Are you OK?”).
  • If the adult patient is unresponsive and you are alone, immediately call 911 (if a telephone is reasonably close).
  • Determine that breathing is absent or inadequate.
  • Position patient on back. If necessary, roll patient as a single unit, keeping the back and neck straight avoiding the aggravation of any possible spinal injury.
  • Position yourself at the patient’s head and open the airway using the head-tilt/chin-lift maneuver (if no spinal injury is suspected) or the jaw-thrust maneuver (if spinal injury is suspected).
  • Take 3-5 seconds to listen and feel for air exchange and look for chest movements.
  • If no breathing is present, position the mask on the patient’s face so that the apex (top of the triangle) is over the bridge of the nose and the base is between the lower lip and prominence of the chin.
  • For modified jaw-thrust maneuver (FIGURE 1), hold the mask firmly in place while maintaining the proper head tilt by placing: Both thumbs on the sides of the mask.

Index, third and fourth fingers of each hand grasping the lower jaw on each side between the angle of the jaw and the ear lobe to lift the jaw forward.

  • Take a deep breath and exhale into the one-way valve at the top of the mask port. Each ventilation should be delivered over 1 ½ to 2 seconds in adults and 1 to 1 ½ seconds in children and infants. Watch for the patient’s chest to rise.
  • Remove your mouth from the port and allow for passive exhalation.
  • If the attempt to ventilate is unsuccessful, reposition the patient’s head and try again.
  • If the patient does not begin spontaneous breathing after these initial breaths, begin Cardiopulmonary Resuscitation (CPR) if you have been trained.

If you have not been trained in CPR, continue with rescue breathing.

  • Take a deep breath and exhale air through the valve of the mask.
  • Break contact with the mask.
  • Watch for the patient’s chest to fall and listen and feel for the return of air.
  • Take another deep breath and begin the cycle again. Provide breaths at the rate of 10-to-20 per minute.

Mouth-to-Mouth (Nose)

  • Establish if the patient is unresponsive (tap the shoulder and ask, “Are you OK?”
  • If the adult patient is unresponsive and you are alone, immediately call 911 (if a telephone is reasonably close).
  • Determine that breathing is absent or inadequate.
  • Position patient on back. If necessary, roll patient as a single unit, keeping the back and neck straight avoiding the aggravation of any possible spinal injury.
  • Open airway by using head tilt/chin lift method (FIGURE 2A) if no spinal injuries are present, or use modified jaw-thrust maneuver (FIGURE 3) if a spinal injury is suspected.
  • Take 3-5 seconds to listen and feel for air exchange and look for chest movements.
  • If no breathing is present, pinch the nose closed with your fingers, form an airtight seal by placing your mouth over the patient’s mouth and breathe into the patient’s mouth until his/her chest rises (FIGURE 2B). (If using the mouth-to-nose method seal the patient’s mouth with your hand and breathe in through his/her nose).
  • If the attempt to ventilate is unsuccessful, reposition the patient’s head and try again.
  • Each ventilation should be delivered over 1 ½ to 2 seconds in duration in adults and 1 to 1 ½ seconds in children and infants at the rate of 10 to 20 times per minute.
  • Allow for passive exhalation.
  • If the patient does not begin spontaneous breathing after these initial breaths, begin Cardiopulmonary Resuscitation (CPR) if you have been trained.

If you have not been trained in CPR, continue with rescue breathing.

  • If the attempt to ventilate is unsuccessful, reposition the patient’s head and try again.

 Pinch the nose closed with your fingers, and breathe into the patient’s mouth until his/her chest rises. (if using the mouth to nose method, seal the patient’s mouth with your hand and breathe in through his/her nose.)  Break contact with either the mouth or the nose.  Air should be passively released from the patient’s lungs while you watch the patient’s chest fall and listen and feel for the return of air.  Take another deep breath and begin the cycle again.

Repeat breathing. Remove mouth each time to allow air to escape (FIGURE 2C). Repeat 10 to 12 times per minute for an adult, 15 times per minute for a child, and 20 times per minute for an infant. Use deep breaths for an adult, less for a child, and gentle puffs for infants. As the patient begins to breathe, maintain an open airway.

DO NOT STOP! Continue artificial ventilation until patient is revived, a doctor pronounces the patient dead, another person relieves you, or you are physically unable to continue. If patient must be moved, continue artificial ventilation.

Foreign Objects in the Throat (Conscious Patient – Heimlich Maneuver)

(FIGURE 4)

Signs/Symptoms

  • Gasps for breath
  • Has violent fits of coughing
  • Quickly turns pale then blue
  • Cannot talk or breathe

First Aid Treatment

  • Determine if airway obstruction is partial or complete.
  • If obstruction is partial (air exchange) encourage patient to cough.
  • If there is no air exchange, stand behind the patient and place your arms around the patient’s waist (FIGURE 5).
  • Grasp one fist in your other hand and position the thumb side of your fist against the middle of the patient’s abdomen between the lower tip (xiphoid process) of the sternum and the navel.
  • Press your fist into the patient’s abdomen with a quick upward thrust.
  • Repeat the procedure if necessary ensuring that each new thrust is a separate and distinct movement.
  • Repeat thrusts until the foreign body is expelled or the patient becomes unconscious.

Foreign Objects in the Throat (Unconscious Patient)

First Aid Treatment

  • Position patient on back.
  • Straddle the patient’s hips.
  • Place the heel of one hand against the middle of the patient’s abdomen between the lower tip (xiphoid process) of the sternum and the navel with fingers pointing toward the patient’s chest.
  • Place your other hand on top of the first.
  • Press into the patient’s abdomen area with a quick upward thrust.
  • Open patient’s mouth and grasp dislodged foreign object with fingers to remove obstruction.
  • Repeat procedures if necessary ensuring that each new thrust is a separate and distinct movement.
  • Repeat thrusts until the foreign body is expelled.

External Bleeding

Hemorrhaging or bleeding is a flow of blood from an artery, vein or capillary. The best all around method of controlling bleeding is applying pressure directly to the wound.

Signs/Symptoms

  • Artery – spurting blood, bright red in color
  • Vein – continuous flow of blood, dark red in color
  • Capillary – blood oozing from a wound

First Aid Treatment

  • Direct Pressure – Cover wound with a clean cloth or your gloved hand and apply direct pressure on the wound. Most bleeding can be stopped this way (FIGURE 6).
  • Elevation – If the wound is on an arm or leg and there is no fracture, elevate extremity above heart as you apply pressure.
  • Digital Pressure – Use digital pressure point, when necessary, to control arterial bleeding from a wound (bright red blood spurting).

Place your fingers on the appropriate pressure point between the heart and the wound. Hold pressure point tightly until bleeding is controlled. Since digital pressure shuts off the supply of oxygenated blood to the brain, use the pressure points in the head and neck for only brief periods.

Tourniquets

A tourniquet is a device that restricts all blood flow to and from an extremity. It is to be used ONLY AS A LAST RESORT, when all other methods fail, since the use of the tourniquet often results in the loss of the limb. Apply tourniquet between the wound and the heart as close to the wound as possible, but never over a joint. Tighten the tourniquet to the point where bleeding is controlled.

For an improvised tourniquet, wrap the material around the extremity and tie it in a half-knot.

Place a stick or similar object on the half-knot and tie a full knot. Twist the stick to tighten the tourniquet only until the bleeding is controlled. Secure the stick in place with the loose ends of the tourniquet, another strip of cloth, or other improvised material. (FIGURE 7).

Once the tourniquet is in place, DO NOT LOOSEN. Make note of time applied, mark a “T” or “TK” on the patient’s forehead, and get him/her to a medical facility as soon as possible.

NOTE: Improvise a tourniquet from a strap, belt, handkerchief, necktie, cravat bandage, etc. (Never use wire, cord or anything that will cut into the flesh.)

Internal Bleeding

Internal bleeding occurs within the body and cannot be seen. It can be minor or life threatening.

Signs/Symptoms

  • Pale, cool and clammy skin
  • Profuse sweating
  • Rapid shallow breathing
  • Weak and rapid pulse
  • Dull eyes and enlarged pupils
  • Possible thirst
  • Nausea and vomiting
  • Pain in affected area

First Aid Treatment

  • Treat patient for shock.
  • Anticipate that patient may vomit; give nothing by mouth.
  • Get the patient to professional medical help as quickly as possible.

Shock

Shock may accompany any serious injury: Blood loss, breathing impairment, heart failure, burns, etc.

Shock can kill; therefore, treat as soon as possible and continue until medical aid is available.

Signs/Symptoms

  • Shallow breathing
  • Rapid and weak pulse
  • Nausea, collapse, vomiting
  • Shivering
  • Pale, moist skin
  • Mental confusion
  • Drooping eyelids, dilated pupils

First Aid Treatment

  • Establish and maintain an open airway.
  • Control bleeding.
  • Keep patient lying down.
  • Elevate foot of stretcher unless an injury will be aggravated by this position such as head and chest injuries, heart attack, stroke, and sun stroke. If there is no spinal injury, patient may be more comfortable and breathe better in a semi-reclining position. If in doubt, keep patient lying down.
  • Maintain normal body temperature. Place blankets under and over patient.
  • Do not give stimulants.

Fractures

The musculoskeletal system is composed of all the bones, joints, muscles, tendons, ligaments, and cartilages in the body. The musculoskeletal system is subject to injury from sprains, strains, fractures, and dislocations. Since these injuries present basically the same signs and symptoms, treat all injuries to the bones and joints as fractures.

The usual sign of a strain, sprain, fracture, or dislocation will be pain; therefore, you should keep patient at rest, not moving any part of the body. Even though a strain, sprain, and dislocation may appear obvious, you cannot rule out a fracture.

Musculoskeletal injuries (FIGURE 8) are classified as either closed, painful, swollen, deformed extremities (skin is not broken) or open painful, swollen, deformed extremities (skin is broken).

Signs/Symptoms

  • Pain
  • Swelling
  • Deformity

First Aid Treatment

  • Immobilize suspected fracture.
  • Handle as gently as possible—one person to immobilize the limb one to apply the splint.
  • Do not attempt to straighten any painful, swollen, deformed extremity. Splint in the position found. Move injured extremities as little as possible to avoid damage to exposed nerves, blood vessels and surrounding tissue.
  • Splints:  Splints should be long enough to support joints above and below suspected fracture.  Splints should be rigid enough to support the suspected fracture.  Pad improvised splints to ensure even contact and pressure between the limb and the splint, and to protect all bony prominences.  Types of splints: Air splint, padded boards, rolled blanket, tools, newspapers, and magazines.
  • Applying improvised splints:  Handle the affected limb as gently as possible.  Place the padded splint under, above, or alongside the limb.  Tie the limb and splint together with bandaging materials so the two are held firmly together. Make sure the bandaging material is not so tight that it impairs circulation. Leave uninjured fingers and toes exposed, so the circulation can be checked constantly.
  • Applying inflatable splints:  Use inflatable splints to immobilize fractures of the lower leg or forearm.  To apply an air splint, gather splint on your own arm so the bottom edge is above your wrist.  Help support the patient’s limb—or have someone else hold it.  Hold injured limb and slide the splint from your forearm over the patient’s injured limb.  Inflate by mouth only to the desired pressure. Inflate to the point where your thumb makes a slight indentation.  If it is a zipper type air splint, lay the patient’s limb in the unzipped splint, zip it and inflate. Traction cannot be maintained when applying this type of splint.  Change in temperature can affect this type of splint—going from cold to warm and warm to cold areas can cause the splint to expand or deflate. It may be necessary to check the splint for proper pressure.  Transport only after all fractures are immobilized unless the patient and first aider are in immediate danger at the accident site.

Exposure to Extreme Heat

Exposure to excessive heat can create heat that is not needed for temperature maintenance.

Generalized Hyperthermia

Hypothermia is an abnormally high body temperature caused by the body not being able to rid itself of excessive heat. Exposure to excessive heat and high humidity are often associated with hypothermia.

Signs/Symptoms – Moist, Pale, Normal-to-Cool Skin

  • Muscular cramps – usually in the legs and abdomen
  • Weakness or exhaustion, dizziness or faintness
  • Rapid, shallow breathing
  • Weak pulse
  • Moist pale skin which may feel normal to cool
  • Heavy sweating
  • Possible loss of consciousness

First Aid Treatment – Moist, Pale, Normal-to-Cool Skin

  • Remove patient from the hot environment and place in a cool environment.
  • Loosen or remove clothing and cool patient by fanning. Watch for shivering; do not chill.
  • Keep patient lying down with foot-end of stretcher elevated.
  • If the patient is responsive and not nauseated, give water to drink; otherwise, give nothing by mouth.
  • Apply moist applications over cramping muscles.

Signs/Symptoms – Hot, Dry, or Moist Skin

  • Rapid, shallow breathing
  • Full and rapid pulse
  • Weak
  • Hot, dry or possibly moist skin
  • Little or no perspiration
  • Loss of consciousness or altered mental state
  • Dilated pupils
  • Patient may experience seizures, but no muscle cramps

First Aid Treatment – Hot, Dry, or Moist Skin

  • Remove patient from the hot environment and place in a cool environment.
  • Loosen or remove clothing and apply cool packs to neck, groin, and armpits. Keep skin wet by applying water by sponge or wet towels. Fan patient.
  • If immediate transport is delayed immerse patient up to the neck in a tub of cool water.

Exposure to Extreme Cold

Exposure to cold and hot temperatures can cause life-threatening problems. Understanding how the body regulates its own temperature can help give effective first aid when a person is simply too hot or too cold.

Cold Emergencies

When the environment is too cold, body heat is lost faster than it can be generated. This may result in damage to exposed tissue and body functions may be greatly reduced or stopped.

Generalized Hypothermia

Hypothermia is a general cooling of the entire body, even in temperatures well above freezing.

When the inner core of the body is chilled, the body cannot generate enough heat to stay warm.

The injured or ill patient and the young or old are most susceptible to hypothermia. With time, the body is unable to maintain its proper internal temperature and can lead to death.

Signs/Symptoms

  • Shivering
  • Numbness
  • Drowsiness and/or muscular weakness
  • Rapid breathing and rapid pulse
  • Decreased level of consciousness
  • Reddened skin in early stages. In prolonged cases, skin is pale to bluish and some body parts are stiff and hard (frozen).

First Aid Treatment

  • Get patient into a warm area.
  • Remove all wet clothing.
  • Wrap the patient in blankets. Maintain patient’s body heat by placing blankets under as well as over the patient or place another rescuer in the blankets with the patient. (Do not warm too quickly.)
  • Warm trunk of body first.
  • Handle the patient gently and get him/her to a medical facility as soon as possible.

Localized Hypothermia

Cold-related emergencies are those affecting particular parts of the body being exposed to intensely cold air or liquid. Most commonly affected are the nose cheeks, ears, toes, and fingers.

Localized cold injuries are classified as early or superficial, and late or deep.

Signs/Symptoms – Early or Superficial Cold Injury

  • In early or superficial cold injury, light skin first reddens; dark skin lightens. Both then blanch (whiten).
  • Superficial cold injury feels numb to the patient.

First Aid Treatment

  • Get patient out of the cold environment.
  • Warm the affected area.
  • Splint affected extremity. Do not rub or massage and do not re-expose to the cold.

Signs/Symptoms – Late or Deep Cold Injury

  • In late or deep cold injury, the skin appears white and waxy and later turns from mottled or blotchy to grayish yellow and finally grayish blue.
  • Deep cold injury feels frozen on the surface.

First Aid Treatment

  • Get patient out of the cold environment.
  • Handle frostbite or frozen area by using a covering such as loose, soft, sterile dressing, and handling it as gently as possible.
  • Do not re-expose patient to the cold.
  • Transport to a medical facility as soon as possible.
  • In cases of extreme hypothermia, assess the carotid pulse for 30-45 seconds. If there is no pulse, start CPR immediately, if you have been trained. Transport immediately.

Division of Mineral Mining 900 Natural Resources Drive P. O. Box 3727 Charlottesville, VA 22903-0723 (434) 951-6310 E & T SERVICE EVALUATION

Type of Training: Blaster Foreman First Aid Annual Refresher New Miner General Mineral Mine

GMS Safety Meeting (topic):

Date: Location:

Instructor Name(s): 1. 2. 3.

Please rate the following areas and provide comments below:

COURSE/SERVICE PROVIDED: (Circle the number) 1 = poor, 5 = best

  1. Information was new – I learned something new and/or useful 1 2 3 4 5
  1. Up-to-date information provided 1 2 3 4 5
  1. Quality of the content 1 2 3 4 5
  1. Quality of the audio-visuals/hand-outs 1 2 3 4 5
  1. Information organized efficiently 1 2 3 4 5
  1. Information provided of sufficient length of time 1 2 3 4 5
  1. Overall rating of the quality/helpfulness of information 1 2 3 4 5

INSTRUCTOR/SERVICE PROVIDER:

  1. Instructor was well prepared 1 2 3 4 5
  1. Instructor provided time for and responded to questions 1 2 3 4 5

10. Instructor was clear and understandable 1 2 3 4 5

11. Adequate time given for breaks in class 1 2 3 4 5

12. Overall rating of the instructor/provider 1 2 3 4 5

13. Recommendation(s) for changes to content or presentations:

14. Which segment did you consider to be the most important:

15. Which segment did you consider to be the least important:

16. Related to your job, what other topics would you like to have offered:

17. Do you think the information presented in this class improved your safety knowledge or will positively influence your safety practices on the job? Yes No

OPTIONAL: Name: Company:

DMM 152

9/00MINER’S TRAINING RECORD

DMM Mine Permit #____________

This record specifies training information required by Mineral Mine Safety Laws of Virginia, and DMM Safety & Health Regulations for Mineral Mining, which took effect on July 1, 1998:

Name: ___________________________________________ SSN: _______________

Hire Date: _________ GMM Date: ________ Job Title: _________________________

Task Qualifications As of June 30, 1998:

Stationary equipment, mobile equipment, tools, or work procedures miner qualified to perform based on previous training and/or experience: (Miner’s Initials:_______) (1) (11) (2) (12) (3) (13) (4) (14) (5) (15) (6) (16) (7) (17) (8) (18) (9) (19) (10) (20)

Training For New Tasks As of July 1, 1998:

As specified in DMM safety & health regulation 4 VAC 25-40-100, new or re-assigned miners must be indoctrinated in company and DMM safety & health regulations; and be task trained prior to being assigned a new task or duty. Miner to initial date of training.

Task/Potential Hazards/Safe Work Procedures Training Date Instructor Name for the specific mobile/stationary equipment or tools

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Miner’s Training Record, continued. page 2 of 2

Record of All Other Training Provided to Miner:

Date Instructor Type of Training & Topic(s) Covered Hrs. Miner’s Initial

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

NOTES: (1) Records of training must be kept at mine office for at least 2 years; or for 60 days after miner’s termination of employment.

For MSHA regulated mines, this information should also be recorded on the MSHA recommended training forms.

Guidelines for Coal Mine Regulatory StandardsDoc ID: DM-G-1618B

Original: 303 words
Condensed: 208 words
Reduction: 31.4%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 1 GENERAL PROVISIONS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.8.

Definitions “Surface Coal Mine”

“Underground Coal Mine”

What Facilities and Roadways are Appurtenant to Surface and Underground Mines, and When is a Mine No Longer Required to be Licensed as a “Mine”.

To determine what is “appurtenant to” as stipulated in the definition of surface and underground coal mine, the inspector should consider any facility on-site that is used in any function related to the extraction and processing of coal as appurtenant to the mine and thus subject to all provisions of the MSA .

If a private way or road is used predominately for the benefit of a licensed mine operation, to the exclusion of use by other mine operations, it is “appurtenant” to that mine and subject to DM’s jurisdiction under the Mine Safety Act from the point where the road branches off of nonexclusively used main way or road to the mine operation.

A mine “shall cease to be a coal mine upon completion of initial reclamation activities”.

Initial reclamation means the disturbance has been backfilled and seeded. This does not include work after completion of initial reclamation required by DMLR for bond release, such as repair of slides, re-seeding, cleaning out ponds, and maintenance of roads.

When a preparation plant, shop or other surface facility appurtenant to a licensed mine continues to operate after mining operations cease, a mine license must be maintained until initial reclamation of the mine is completed. These remaining surface facilities are to be inspected in accordance with the MSA. When initial reclamation of the mine is completed, such surface facilities will be considered as stand alone operations and not required to be licensed.

Virginia Oil and Gas Safety Oversight AgreementDoc ID: DGO-MOU-06-01

Original: 661 words
Condensed: 575 words
Reduction: 13.0%

MEMORANDUM OF UNDERSTANDING Between the Virginia Department of Mines, Minerals and Energy and the Virginia Department of Labor and Industry

This MEMORANDUM OF UNDERSTANDING made and entered into this ~ day of JI.1IoJeo , 200 I, by and between the Department of Mines, Minerals and Energy, Division of Gas and Oil (hereinafter called "DMME"), and the Virginia Department of Labor of Industry, Virginia Occupational Safety and Health Program (hereinafter called "DOLI"), defines the regulatory responsibilities over the safety of persons on coalbed methane gas, oil, and geophysical operations.

WHEREAS, DMME administers the Virginia Gas and Oil Act pursuant to Title 45 of the Code of Virginia; and

WHEREAS, § 45.1-361.42 of the Code of Virginia directs DMME to inspect pennitted coalbed methane well and related facility operations to ensure the safety of persons on pennitted sites; and

WHEREAS, § 45.1-361.42 of the Code of Virginia directs the Director to issue a closure order when the inspection reveals any hazardous condition that creates an imminent danger; and

WHEREAS, § 45.1-361.42 of the Code of Virginia directs the Director to lift the closure order when he finds that the imminent danger has been corrected or eliminated; and

WHEREAS, § 45.1-361.42 of the Code of Virginia directs the Director to notify the DOLI when an inspection reveals any other condition that creates a risk to the safety or health of any person on the permitted site for actions under Title 40.1, as applicable; and

WHEREAS, to efficiently and effectively utilize resources and better administer the provisions of§ 45.1-361.42 and Title 40.1 of the Code of Virginia, DMME and DOLI desire to enter this Memorandum of Understanding to provide for cooperation and coordination in the administration of their duties under their respective statutes with respect to the safety of persons on coalbed methane gas, oil, and geophysical operations.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

. DMME will, after consultation with DOLI, develop guidelines for inspecting for worker safety and reporting any conditions that create a risk to the safety or health of any worker to DOLI.

. DMME will refer any safety or health hazards they see to DOLI using telephone telefacsimile, or e-mail, whichever is most convenient.. DMME and DOLI staff will cross train appropriate staff at the other agency on worker safety and health issues at coalbed methane gas well sites at all stagesof construction and operation.

. DOLI will conduct appropriate inspections or investigations when DMME reports safety or health hazards to DOLI.

. DOLI will report the results of the investigation or inspection to the person making the referral, including a copy of any citations issued where appropriate.

. This Memorandum of Understanding represents a non-financial understanding.

Any future changes in the MOU after entering this agreement shall be reviewed and approved by both parties prior to implementation.

This Memorandum of Understanding represents a cooperative understanding between the participating entities, as indicated by the representative signatures below. It is entered into for the mutual benefit of both parties with regard to their respective missions. It is not a legal contract, nor is it intended to create any contractual rights, obligations, or benefits. Neither participating entity shall assign or subcontract any work or services related to this understanding without prior written consent of the other entity.

This MEMORANDUM will become effective upon signing by both parties. This MEMORANDUM may be cancelled upon 30 day written notice by either party.

This MEMORANDUM will remain in effect for five years from the time of signing, after which time it may be renewed by the concurrence of all signatory parties.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto in manner and form sufficient to bind them as of the day and year first written.

COMMONWEALTH OF VIRGINIA COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS DEPARTMENT OF LABOR AND INDUSTRY

AND ENERGY, DIVISION OF GAS AND OIL

By~ ~ Director

.2-

Customer Assistance Procedures in Mining DivisionDoc ID: DM-P-10804

Original: 589 words
Condensed: 484 words
Reduction: 17.8%

DIVISION OF MINES

CHAPTER: VIII Customer Assistance

PROCEDURES MANUAL

PROCEDURE NO: 1.08.04

ISSUE DATE: January 1, 1997 SUBJECT: Other Requests For

LAST REVISED: 10/00;08/05 Assistance

OBJECTIVE AND INTENT

To ensure that requests for assistance from citizens and other agencies are handled efficiently and effectively meeting customer needs in a timely and professional manner.

PROCEDURE

1. REQUEST BY OTHER AGENCIES

 When requested, DM will assist all agencies with concerns that may involve the mining of coal such as subsidence, air quality tests, water loss, air pollution, and noise.

 DM personnel asked to assist any agency shall notify their supervisor of the nature of the request, time, date, and type of assistance requested.

 Documentation a. If the request for assistance involves a licensed mine, a detailed report coded as “OT”, or “OC” shall be completed using forms DM-CM-3, DM-COM-1, or DM-TS-1 b. If the request involves an unlicensed mine, a residence, or area out of DM’s jurisdiction, a detailed report should be completed using DM-CM-3, DM-COM-1 and/or DM-TS-1 forms. The report will be coded as “OT” or “OC”, and will be given a “99999AC” index number. c. Requests of this nature may end up in litigation. Therefore, a detailed report should be documented using maps, photographs, sketches, and other pertinent information.

2. CITIZEN REQUESTS

 Information or assistance requested should be routed through the supervisor: a. Requests for participating in school and industry projects and presentations to organizations and groups must be approved by the Chief in coordination with the Public Relations Manager Rv. 10/00 ; 08/05

1-2 b. Requests to make methane checks at a citizen’s private water well must be coordinated with the supervisor. c. Documentation (1) A report should be completed on a DM-COM-1 form by the person participating in school, industry, and organization projects. The report should indicate the nature, location, names or number of persons present. (2) A report should be completed on the DM-COM-1 form for requests to check private water wells for methane. The report should state the location, name, address, telephone number of the requester, and a statement of the findings. The examiner may advise the citizen of the nature of any methane problem, but should avoid making recommendations and giving opinions as to the source of the methane being associated with mining that may be nearby.

3. COMPLAINTS

 When receiving complaints, certain information must be obtained. All complainants are considered anonymous. If the person insists on giving their name or names, accept it; however, the name(s) is not to be indicated on the tracking system or paperwork completed by DM.

 Information to obtain when accepting an alleged violation:

a. Record the time and date you receive the complaint b. The company that is involved, if known c. The location of the company or area of complaint d. The actual complaint

 When complaints are received in the Big Stone Gap or Keen Mountain office, the information is entered in the DM Complaint Tracking System. A root note is immediately forwarded from this system to the appropriate personnel. Once the inspector/supervisor completes the investigation, a report of violation form along with the investigation report, including form DM-RV-1, Report of Violation, is submitted to the office and the complaint is closed. (Also see Procedure 1.05.07)

 Any complaint received that clearly falls outside DM’s scope of authority (water loss, fugitive dust, subsidence, etc.) will be referred to the appropriate Division within DMME or other responsible agency. DM will be involved only if requested by the agency referred to.

2-2

Mine Inspection Confidentiality GuidelinesDoc ID: DM-G-16184

Original: 256 words
Condensed: 192 words
Reduction: 25.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 8 MINE INSPECTIONS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.84. A.

Advance Notice of Inspections;

Confidentiality of Trade Secrets

Giving advanced notice compromises the integrity of an inspection. Advanced notification may result in conditions, acts, practices, and equipment at the mine being altered to not reflect the actual working conditions during normal every day activities.

The inspector must make an effort to ensure that advance notice of any mine inspection is not given to the operator. Discretion must be taken when conducting and coordinating an inspection to avoid giving indication to the operator, his agent or anyone else of when and where inspection activities will be performed to prevent compromising the integrity of the inspection process.

It is important for the inspector to obtain shift schedules, weekly examinations, personnel times, and any other pertinent information related to mine activities in order to coordinate inspection activities with the mine’s schedule. Pre-arrangements of specific activities should not be scheduled. The inspector should create his schedule of activities mindful of the need to avoid advanced notice.

The inspector should make “general requests” when coordinating transportation into the mine. Specific locations can be further communicated once underground. Should it become necessary to “break off” an inspection for a period of time due to other commitments, it is not considered advanced notice by the inspector to advise the operator or agent that he will not be returning the next day.

Application Processing Time Limits for Mining PermitsDoc ID: DMLR-G-28-09

Original: 479 words
Condensed: 444 words
Reduction: 7.3%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 28-09 Issue Date: October 1, 2009 Subject: Application Processing Time Limits

This Guidance Memorandum supersedes Memorandum to Operators # 13-86. This new memorandum reflects the ever increasing complexity of permit applications and the time needed for the review coordination with other state and federal agencies.

The Division of Mined Land Reclamation (DMLR) will not set a deadline for a decision to issue or deny an application for a new permit or acreage amendment for which the applicant has been diligently pursuing the application.

The DMLR may administratively deny applications for new permits or acreage amendments that have been submitted in excess of 24 months from the initial receipt of the application by DMLR (with no recent action on the permittee’s part, generally this will be one year). This denial does not prevent the permittee from obtaining a new data download and submitting it as a new permit application. Note, all requirements for a new permit, acreage amendment or significant revision must be met (i.e. publication, comment period, agency notifications, etc.)

§4 VAC 25-130-774.13(b)(1) of the Virginia Coal Surface Mining Reclamation Regulations requires the DMLR to establish a time period for its review and approval/disapproval of a revision application. The time period set under Memorandum # 13-86 was set as 12 months from the date of initial submittal. The DMLR is revising this timeframe to 24 months. The DMLR may issue a shorter deadline for revisions that are the result of enforcement action or a revision order notice.

The DMLR will administratively deny revision applications that have been submitted in excess of 24 months from the initial receipt of the application by DMLR (with no recent action on the permittee’s part, generally this will be one year). This denial does not prevent the permittee from obtaining a new data download and submitting it as a new revision application. 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code." GUIDANCE MEMORANDUM No. 27-09 Issue Date October 1, 2009 Subject: Application Processing Time Limits Page 2

Should you have any questions regarding the application review process please contact the Reclamation Program Manager at (276) 523-8160 or 523-8202, or email DmlrEPadmin@dmme.virginia.gov.

Third Party Disturbances in Reclaimed Mining SitesDoc ID: DMLR-P-3313

Original: 450 words
Condensed: 395 words
Reduction: 12.2%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.13

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Third Party Disturbances Section Reclamation Services of Reclaimed Sites Last Revised 8/18/00

OBJECTIVE AND INTENT:

To ensure the Field Inspector properly responds to and handles a situation where a third party has adversely affected an area subject to the Division’s jurisdiction.

PROCEDURES:

When a third party disturbance occurs, the responsibility for correcting any problems resulting from the disturbance remains with the permittee.

The Inspector shall determine whether a third party (not under the permittee’s control) disturbed the area. If a violation occurred due to the third party’s action, the Inspector shall document in the Inspection Report (DMLR-ENF-044S) the specifics of the disturbance or re-disturbance.

While the permittee may not have caused the violation, he is responsible to correct the problem. If the disturbance is located on a previously reclaimed area of the permit, the Inspector will direct the permittee via the inspection report narrative to repair or reclaim the area per the approved plans.

If the third party adversely affected an undisturbed area of an active permit (which would in effect impact the permittee’s mining operation), the Inspector shall direct the permittee via a Revision Order Notice (DMLR-ENF-194S) to file a permit revision in accordance with procedure # 2.3.01 to amend the approved mining plans to show how the unauthorized disturbance will impact the proposed mining operation.

For imminent danger or environmental harm disturbances, the Inspector will direct the permittee to begin immediate remedial action to correct the problem with all the resources necessary. Should the permittee take action to correct or begin to correct the problem prior to the completion of the inspection, no enforcement action is necessary. Otherwise, a cessation order for environmental harm (DMLR-ENF-046S) shall be issued by the Inspector to the permittee.

If the third party disturbance has created violations which do not pose an imminent danger or harm to the public safety or the environment, the Inspector shall notify the permittee of the violations and document such in the inspection report (at the initial inspection). In order to avoid enforcement action at the time of the next inspection, the permittee must have submitted an acceptable schedule for correcting the problem, or had initiated or was actively pursuing corrective action.

If a change to the approved postmining land use is needed to address the third party disturbance, the Inspector shall direct the permittee to submit a revision application (see Procedure #2.3.01) for the land use change. The revision shall apply to the affected areas. To avoid enforcement action, the permittee must submit the land use revision application to the Division (after review by the Inspector) prior to the next routine inspection. 1

First Class Mine Foreman Certification GuidelinesDoc ID: DM-G-16138A

Original: 297 words
Condensed: 252 words
Reduction: 15.2%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 3

CERTIFICATION OF COAL MINE WORKERS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.38.A.

First Class Mine Foreman Certification

It is the responsibility of the operator to employ a mine foreman (first class mine foreman or surface foreman) at any mine where three or more persons work during any part of any period of twenty-four hours. While a mine foreman would not be required to be employed unless three or more persons work at the mine, the inspector should assure that all other requirements of the MSA are complied with, including employment of certified shot firers, certified electricians, pre-shift, on-shift, and weekly examinations by a certified mine foreman, and certified emergency response personnel (EMT, First Responder, or Advanced First Aid).

This section of the MSA does not require a certified foreman be present at all times, as long as the required examinations are conducted. Underground examinations must be performed by a certified underground mine foreman. Surface areas of an underground mine may be examined by either a certified underground mine foreman or a surface foreman.

The inspector should determine that areas required to be examined for methane and hazardous conditions are examined by a first class mine foreman. The MSA requires that examinations for methane be made by a certified person or competent person before taking electrical equipment inby the last open crosscut, at not more than 20-minute intervals during the operation of electric equipment and at other times and locations not included in required pre-shift and on-shift examinations. A competent miner, that is a miner certified to make gas examinations, may perform these required examinations for methane at the direction of the operator or his agents.

Annual Independent Contractor Mine ReportsDoc ID: DMM-M-C

Original: 1,407 words
Condensed: 1,217 words
Reduction: 13.5%

MEMORANDUM

TO:

Independent Contractors

FROM:

Conrad T. Spangler, Division Director

SUBJECT: Annual Report

DATE: January 2, 2003

The Mineral Mine Safety Laws of Virginia, Section 45.1-161.292:35.B. of the Code of Virginia, requires that each independent contractor in the following categories, who has worked at a mine, provide an annual report to the Division of Mineral Mining (DMM) no later than February 15 of each year:

 Extraction and Processing (drillers, blasters, portable crushers, stripping and land clearing contractors, etc.)  Maintenance and Repair of Mobile and Stationary Equipment (welders, mechanics, painters, electricians, etc.)  Mine Construction (plant construction, repair and maintenance, electricians, concrete fabricators, equipment erectors, etc.)

This report shall be for the preceding 12-month period ending December 31 and must provide the following information:

  • Independent contractor’s name and Department (Division of Mineral Mining) identification number;
  • The total number of the independent contractor’s employees who worked at each mine site, listed by mineral mining company name and Virginia DMM permit number;
  • The total number of the independent contractor’s employee hours worked at each mine site, listed by mineral mining company name and Virginia DMM permit number;
  • The lump sum amount of wages paid by the independent contractor at each mine site, if such amount is above $1,000, listed by mineral mining company name and Virginia DMM permit number.

A Mineral Mining Annual Report form and instructions are enclosed to assist you in providing this information. This report must be filed even if there was no employment at a mine site. If there was no employment, then you must enter zeros.

In addition to the above, if you are an independent contractor and you perform all of the mining functions, i.e. you are a contract miner and are actually responsible for the mine production, then you will need to provide your production information (quantity of minerals mined) to the licensed mine operator for his tonnage report.

Because these annual reports provide valuable information that address safety and economic impacts, you should ensure that the information is accurate and complete.

Keeping accurate records of employment throughout the year will help in completing future annual reports. By submitting the information requested on the form you will comply with the annual reporting requirements of the Mineral Mine Safety Laws of Virginia.

The Virginia General Assembly enacted a law in 2000 that requires individual employer’s wage information collected on the annual report to be kept confidential.

DMM will not release individual employer data. The Division only will release wage information when it is aggregated in such a manner that it does not reveal information on any individual employer.

Contractor information is now posted and available for review on the internet at the DMME website at: www.mme.state.va.us/dmm. Please notify the Division if there are any corrections or updates necessary to this information.

If you have any questions on the completion of the annual report, please contact Jamie Dunivan at (434) 951-6314.

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINERAL MINING

900 Natural Resources Drive

P. O. Box 3727

Charlottesville, VA 22903

(434) 951-6310

MINERAL MINING ANNUAL REPORT FOR CONTRACTORS

REPORT FOR CALENDAR YEAR

_______

CONTRACTOR NAME __________________________________________

DMM CONTRACTOR IDENTIFICATION NO.

_

COMPANY NAME

DMM PERMIT

NUMBER

NUMBER

WORKERS

HOURS

WORKED TOTAL WAGES (For Sites w/wages over $1,000)*

TOTAL FOR

CONTRACTOR:

  • Must be completed for sites where the total wages exceed $1,000 but does not include materials. (Use additional sheets as necessary)

REPORT REQUIRED BY LAW - Code of Virginia, Title 45.1, Chapter 14.4:1, Section 45.1-161.292:35.B requires this form to be filled out and returned to this office by the 15th day of February. Contractors that fail to submit annual reports will be subject to closure.

I, the undersigned, hereby certify that all information provided on this report is true and accurate to the best of my knowledge and belief. I further certify that all occupational injuries involving contractor employees occurring on mine sites have been reported for calendar year .

SIGNED TITLE

DATE

PLEASE PRINT YOUR NAME __________________________________________________________

DMM-146C

REV. 10/15/02

MINERAL MINING ANNUAL REPORT FOR CONTRACTORS Form DMM-146C Line Instructions

Line 1 Report For Calendar Year The reporting year for this report runs from January 1, 2002 through December 31, 2002.

If you worked on a mineral mine during any part of the Calendar Year, you must report those activities . Enter “2002” on Line 1.

Line 2 Contractor Name The full legal name of your company must appear on Line 2. Please print.

Line 3 DMM Contractor Identification Number Every independent contractor registered with the Division of Mineral Mining has been issued a Contractor ID Number. You were notified of this number when you were first registered with the Division, and all correspondence to you from the Division has used this ID No. Place your ID Number on Line 3. Use of your DMM Contractor Identification Number in filling out this report is essential. If you are unable to locate your contractor identification number, it can be obtained via the DMM web page located at www.mme.state.va.us. If you are unable to obtain computer access, your ID Number may be obtained by contacting the Division at (434) 951-6314.

Line 4 Company Name The name of each mineral mining company for which your company has worked should appear on Line 4. If your company has done work on multiple mine sites for one mining company, please enter the mining company name for each site.

Line 5 DMM Permit Number Every mineral mine permitted by the Division of Mineral Mining has a unique 7 digit permit number made-up of 5 numerical characters followed by 2 letters. The permit number of each mine site that you performed worked on must appear on Line 5. The permit numbers may be obtained from the mining companies, or via the DMM web page located at www.mme.state.va.us..

Line 6 Number Workers The number of employees that you had working on each mine site must appear on Line 6.

Where various employees may have been on the mine site at different times, the total of all employees who worked on the mine site should be entered. The total employees working on all mine sites should be entered on Line 6A.

Line 7 Hours Worked The total accumulative hours worked by all employees who worked on each individual mine site must appear on Line 7. Only hours worked on the mine site should be calculated. Work performed “off-site” or at your facilities should not be included. Time spent traveling to the mine site should be considered as “off-site” work hours and not included. The total hours worked on all mine sites should be entered on Line 7A.

Line 8 Total Wages Total wages paid to your employees for work performed on each individual mine site must appear on Line 8. Where wages for all employees working on an individual mine site total less than $1,000.00, the amount of compensation need not be indicated, but all other information regarding numbers of workers and hours worked must be reported.

Enter the total wages paid to employees working on all mine sites on Line 8A.

Line 9 Occupational Injuries Enter “2002” on Line 9 if you have either had no occupational injuries at a mineral mine during Calendar Year 2002 or you have reported all occupational injuries that have occurred at mineral mine sites to the Division for Calendar Year 2002.

All occupational injuries must be reported to the Division of Mineral Mining at the time of their occurrence. An “occupational injury” is defined as “any injury which occurs at a mine for which medical treatment is administered, or which results in death or loss of consciousness, inability to perform all job duties on any day after an injury, temporary assignment to other duties, or transfer to another job.”

If you have failed to provide accurate accident information to the Division for the Calendar Year, please contact the Division at (434) 951-6310 to correct this situation.

The accident information may be submitted with the contractor annual report to fulfill this requirement.

Line 10, 11, 12, and 13 Signature, Title, and Date The person responsible for filling-out and filing the “Mineral Mining Annual Report for Contractors” for your company should certify the information provided to the Division by signing Line 10. The person should also state their job title on Line 11and enter the date on Line 12. The person signing the report should print their name on Line 13.

Mine Emergency Response ProceduresDoc ID: DM-M-06-03B

Original: 7,461 words
Condensed: 6,525 words
Reduction: 12.5%

Emergency Response Plan

Company Name Mine Name or Number

MSHA ID Number Mine Index Number

Detailed Description of Mine Location:

I. Mine Emergency Communications

  1. An up-to-date list of emergency contact phone numbers will be posted in a conspicuous location in the mine office. The list, at a minimum, will contain telephone numbers for the Division of Mines, the Mine Safety and Health Administration, the mine rescue team or teams assigned to the mine, appropriate mine management personnel, pertinent emergency services such as rescue squads and fire departments, and local police agencies.
  2. The Division of Mines will be contacted promptly (within 15 minutes) after it has been determined that an accident, as defined in § 45.1-161.8 of the Coal Mine Safety Laws of Virginia, has occurred.
  3. Two independent communication systems from each working section to the surface will be maintained at all times. One of the communication systems will be located in the primary escapeway or may be a wireless communication system approved by the Chief.
  4. Portable mine phones or other effective communication devices will be provided and maintained for the communication system at the end of the lifeline in the primary escapeway and at designated SCSR storage locations in the mine unless an approved wireless system is installed.
  5. A functional test will be performed on all communication devices at least every seven (7) working days. Results of such tests will be recorded in a book maintained at the mine.

1II. List of Next of Kin

  1. A list of all employees including the employee’s name, address, and telephone number, and the name, phone number, and relationship to the employee of the designated person to contact in case of emergency will be maintained at the mine site.
  2. Such information will be obtained upon employment, updated periodically, and when personnel changes occur.

III. Waterlines

  1. Waterlines will be installed parallel to the entire length of all belt conveyors.

Waterlines may be installed in entries adjacent to the belt conveyor entry as long as outlets project into the belt conveyor entry.

  1. The location of waterlines will be noted on a map maintained at the mine.
  2. Fire fighting valves will be located at least every 300 feet and denoted by distinctive signs made of reflective material or other equally distinctive reflective indicators that are emphasized in all training exercises and drills.
  3. Fire fighting valves will be substantially protected from damage to threads.
  4. At least 500 feet of fire fighting hose will be located within one crosscut upwind of each belt drive installation and at the inby end of each belt. In the case of a belt conveyor storage unit or take-up, the fire fighting hose will be stored in an accessible location upwind and away from the storage unit or take-up. Water hose and connections will be protected from damage.
  5. All fire fighting hose connections will be compatible with installed fire fighting valves. Nozzles will be compatible with fire fighting hose.

IV. Brattices

  1. A numbering system beginning one crosscut inby the portal and extending to the loading point on the working sections will identify permanent stoppings installed adjacent to primary and alternate escapeways.
  2. Adequately sized numbers that can be easily seen will be located on stoppings along the designated primary and alternate escapeways.
  3. The location of all mandoors will be clearly marked with reflective signs or material that will be easily identified by anyone traveling in the primary and alternate escapeways and in the entries on either side of the doors.
  4. Mandoors will be located at least every fifth crosscut but the distance between man-doors will not exceed 300 feet in seam heights less than 48 inches and not more than 600 feet in seam heights 48 inches or higher.

V. Escapeways

  1. An up-to-date map of the entire mine showing designated primary and alternate escapeway routes, direction of airflow, stoppings, mandoors, overcasts,

2 regulators, bottom of coal seam contours, and SCSR storage locations will be posted in a conspicuous location on the surface so all miners may be shown and instructed in the use of the primary and alternate escapeway routes.

  1. An up-to-date map of the mine will be maintained in a conspicuous location on each working section and areas where mechanized mining equipment is being installed or removed. The map will show the primary and alternate escapeway routes from the section to the surface (or bottom of shaft or slope), direction of airflow, stoppings, man-doors, overcasts, regulators, bottom of coal seam contours, and SCSR storage locations.
  2. All miners will be instructed of any changes made in the mine involving the ventilation system and primary and alternate escapeway routes before entering the underground areas of the mine.
  3. The designated escapeways will be reviewed with all newly employed miners.

Each newly employed miner will travel the entire length of the primary escapeway within seven (7) days of employment.

  1. A record of any instruction to miners regarding escapeway locations, changes to escapeway locations, and the ventilation system at the mine will be entered in a record book maintained at the mine.

VI. Lifelines

  1. Continuous lifelines will be installed and maintained in each designated primary and alternate escapeway from the loading point of each producing section and from locations where mechanized mining equipment is being installed or removed to the surface or to the bottom of shafts or slopes.
  2. Lifelines will be installed and maintained in such a manner as to facilitate safe walking or crawling and with the miners being able to maintain continuous contact with the lifeline.
  3. Lifelines will be equipped with directional indicators, signifying the route of escape, placed at intervals not to exceed 100 feet.
  4. Lifelines will be designated with reflective material every 25 feet.
  5. Lifelines will be provided with distinctive markings or indicators when aligned with mandoors in a stopping line.
  6. Reflective signs or other as effective means will be securely attached to the lifeline where caches of SCSRs are stored along the escape route.
  7. Where a SCSR storage location is not immediately adjacent to the continuous lifeline, a branch lifeline will lead from the escapeway lifeline to the SCSR storage location.
  8. A tether line will be stored at the end of the lifeline, in the primary escapeway, on each working section. Each tether line will be long enough to connect all miners normally assigned to that work area.

3VII. Detectors

  1. A detection instrument capable of determining the amount of oxygen, methane, and carbon monoxide in the mine atmosphere will be provided and located on each working section.
  2. Gas detection instruments will be calibrated at least monthly in accordance with manufacturers’ recommendations.

VIII. Barricade Material

  1. Each working section will have barricade material maintained in a substantially constructed storage box or an approved portable rescue chamber.
  2. Each barricade storage box will contain, at a minimum: a. Three substantial curtains 25 foot in length and at least one foot higher than the maximum seam height at the mine, b. A supply of nails, c. At least two non-sparking hammers, d. Sealing material, and e. Either two saws and nine timbers with wedges or nine adjustable supports such as pogo sticks to erect the three barricade curtains.

IX. SCSR Storage

  1. Each miner working underground will have at least one additional SCSR (other than the SCSR worn on the belt) available on the working section and if miners travel on mantrips or other mobile equipment then the mantrips will be provided with enough SCSRs so that each miner is supplied one additional SCSR. SCSRs stored on mantrips or mobile equipment, which remains on the section, will suffice for the additional SCSR that must be supplied to each miner.
  2. When the SCSRs otherwise required by paragraph one are not adequate to provide enough oxygen for all persons to safely evacuate the mine, additional SCSRs will be provided in the primary and alternate escapeways. The location and number of SCSRs stored will be sufficient for the maximum number of miners in the mine and will be provided at intervals to ensure that each miner has a sufficient supply of SCSRs to reach the surface or bottom of shaft or slope.
  3. Storage caches will be provided at conspicuous, readily accessible, safe locations.
  4. SCSR storage caches will be established such that the distance between caches is a maximum of 45 minutes of walking or crawling time.
  5. SCSR storage caches will be established for both primary and alternate escapeways.

4 6. Each SCSR storage cache and mantrip station will be conspicuously designated with reflective signs indicating “SELF-RESCUERS” and direction signs made of reflective material will be posted in each entry leading to each storage location.

  1. SCSR storage caches will be located in protected areas and/or containers according to manufacturer’s recommendations.
  2. The location of SCSR storage caches will be noted on the mine map maintained on the surface and mine emergency escapeway maps.
  3. Each SCSR will provide one hour or more of protection and be approved by the Mine Safety and Health Administration.

X. SCSR Training

  1. Prior to any newly employed miner or visitor, authorized by the operator, going underground, the operator shall instruct and train such persons in the use and location of self rescue devices. Visitors who make multiple visits within a one-year period are only required to receive such training on the first visit and annually thereafter.
  2. The training shall include instruction and demonstration in the use, care, and maintenance of the self-rescue devices used at the mine.
  3. The training in the use of the self- rescue devices shall include complete donning procedures in which: a. Each person assumes a donning position, b. Opens the device, c. Activates the device, d. Inserts the mouth piece (or simulates this task while explaining proper insertion of the mouth piece), e. Applies the nose clip, and f. Transfers from one unit to another.
  4. A record of the training will be maintained at the mine with the date of the training, names of persons receiving the training, the name of the person conducting the training, and the model of the self-rescue device(s) used in the training.

XI. Mine Emergency Evacuation and Fire Fighting Training

  1. All miners on all shifts will be instructed in the following: a. Procedures for evacuating the mine for mine emergencies that present an imminent danger to miners due to fire, explosion, or gas or water inundation; b. Scenarios of the various mine emergencies (fires, explosions, gas or water inundations) and best options for evacuation under each type of

5emergency condition. These options will include conditions in the mine that will require immediate donning of self-rescue devices; c. Procedures for evacuating all miners not required for a mine emergency response; d. Procedures for the rapid assembly and transportation of necessary miners, fire suppression equipment, and rescue apparatus to the scene of the mine emergency; e. Operation of the fire suppression equipment available in the mine; f.

Location and use of firefighting equipment and materials; g. Location of escapeways, exits, and routes of travel to the surface, including the location and use of the continuous directional lifeline or equivalent devices. h. Locations, quantity, types, and use of stored SCSRs, if applicable;

The mine emergency evacuation instruction and drills will be conducted by a person who is designated by the mine operator and who has the ability, training, knowledge, or experience to provide training to miners in his or her area of expertise. Persons conducting donning and transferring training will be able to effectively train and evaluate whether miners can successfully don the SCSR and transfer to additional SCSR devices.

Mine emergency evacuation drills will be held at periods of time so as to ensure that all miners participate in such evacuations at intervals of not more than 90 days.

During mine emergency evacuation drills, each miner shall travel the primary or alternate escapeway, from the working section or the miner’s workstation, to the surface or the exits at the bottom of shaft or slope. An evacuation drill will not be conducted in the same escapeway as the immediately preceding drill.

At a minimum this drill will include: a. Physically locating the continuous directional lifelines or equivalent devices and stored SCSRs. b. Hands-on training in the complete donning of all types of SCSRs used at the mine, which includes assuming a donning position, opening the device, activating the device, inserting the mouthpiece or simulating this task while explaining proper insertion of the mouthpiece, and putting on the nose clip. c. Hands-on training in transferring from one SCSR to another. d. Where miners ride transportation vehicles to travel the escapeway, the person conducting the drill will stop at the locations of SCSR storage caches or other appropriate locations and conduct drills consisting of actual travel on the lifeline and practice with the tether line connected to each miner. 6

  1. A record of the training required in paragraph 4 (listed above) shall be recorded in a book maintained at the mine. The record will be maintained for one year and will include the names of the participants in such drill, the models of SCSRs used, and the type of emergency drill.
  2. All miners on each working section will be familiar with the use of fire suppression equipment available and fire suppression devices installed on equipment and know the location of such fire suppression equipment and devices.

XII. Evacuation Procedures

  1. Account for all miners on the section or located in that work area. Gather them at a strategic location.
  2. Don the SCSRs at the first sign of smoke or indication of carbon monoxide.

Miners should don a self-rescue device when smoke, odor, fire, or any contaminated atmosphere is encountered. Enough SCSRs will be available to ensure that all miners can safely reach the surface.

  1. Prepare to evacuate to the surface: a. Collect all available SCSRs; b. Collect the escapeway map, if applicable; c. Collect tether line, if applicable; d. Call outside, if possible, report the number of miners in the group and the evacuation route to be traveled; e. Explain to the miners what is known about the emergency situation and which route is to be taken; f. Stress the importance of staying together during the evacuation.
  2. Travel by mantrip or utilize other equipment for transportation if at all possible.
  3. Select the safest and quickest route to the surface depending on the conditions that exist in the mine: a. The first choice is generally the travelway used normally to enter and exit the mine (usually this is the primary or alternate escapeway). b. The second choice is generally the other escapeway not used normally to enter and exit the mine. c. The third choice would be any other entry not discussed above.
  4. If walking or crawling, regulate travel speed to accommodate the slower personnel in the group. Maintain contact with the lifeline, if applicable. Stay together. Monitor the physical conditions of other miners in the group.
  5. Continuously monitor the mine atmosphere for oxygen deficiency, methane content, and elevated carbon monoxide levels. Keep in mind that:

7 a. That 19.5 percent oxygen is the minimum required by law. Oxygen levels below 17 percent causes faster and deeper breathing and below 15 percent causes dizziness, buzzing noise, rapid pulse, headache, and blurred vision, b. Methane is explosive from 5 percent to 15 percent, and c. Carbon monoxide levels above 600 PPM will give noticeable effects after one hour of exposure, and levels above 1500 PPM are dangerous for a one-hour exposure.

  1. Contact the surface when communication is available. Give regular updates of location, conditions encountered, status of miners, and transportation means being utilized.
  2. When SCSR storage caches are encountered, collect one for each miner in the group. Do not take more, as miners evacuating from other areas of the mine may also require SCSRs to reach the surface. SCSR storage caches are strategically located in order to provide sufficient oxygen for all miners to reach the surface. 10. Continue traveling the selected route unless the way is blocked by water, fire, or other conditions. In this case, retreat to the closest mandoor that leads to the other escapeways and attempt to travel to the surface via other routes. 11. If traveling in smoke, maintain contact with the lifeline, attach tether line if available, and maintain communication with other miners. Check through mandoors on the evacuation route for smoke in the adjacent entries and, if clear, the miners should consider utilizing the alternate route. 12. Consider barricading or entering a refuge chamber only when all escape routes are physically blocked or too hazardous to travel. When barricading is the only alternative, then use all available resources to make the barricaded area airtight as possible. Keep in mind that one (1) cubic yard of air per person per hour is required for survival. Leave a note outside the barricade indicating the number of miners and time the barricade was built. Oxygen tanks, water, food, all available SCSRs, and a sounding device for striking roof supports to aid in seismic location from the surface should be taken into the barricade.

XIII. Emergency Logistics (Complete with mine specific information)

  1. The following plans for logistics in case of an emergency will be maintained at the mine site. The plans should include at a minimum: a. Description of security measures that will be implemented to control emergencies at the mine site, b. Designated location of a command and communication center, c. Designated location for staging and briefing mine rescue teams, d. Designated location for emergency medical services, e. Designated location for shelter and briefing of families, and

8 f. Strategy for dissemination of information and press releases.

XIV. Mine Emergency Response Drill (MERD)

  1. A Mine Emergency Response Drill will be conducted annually; preferably in conjunction with a 90-day mine emergency evacuation drill or at other times selected by the operator.
  2. The drill will consist of: a. A simulated mine emergency that causes a deployment (simulated) of mine rescue teams; b. Simulated entrapment of miners in the mine; c. A review of notification procedures required by this plan; d. Review and simulation of activation of the Emergency Logistics Plan described in the previous section.
  3. The Division of Mines will be notified prior to conducting the mine emergency response drill (MERD). A DM representative may monitor the simulated drill and give feed back regarding application of the pertinent aspects of this plan.

9 Attachments

Attachments are considered supplements to the plan to aid operators with compliance with communication and training requirements. The following attachments are not considered part of the plan and are not required for approval.

10 Attachment A

Title Name of Person or Facility Phone Number

Person with Overall Responsibility Person in Charge of Health and Safety Mine Foreman Chief, Division of Frank A. Linkous Mines Supervisor, Division of Mines DMME Mine Inspector MSHA District Ed Morgan Manager MSHA Supervisor

MSHA Mine Inspector

State Police (800) 542-8716

County Sheriff

Town/City Police

Rescue Squad

Hospital

Fire Department

Mine Rescue Team

VA Division of Mines MSHA Big Stone Gap (276) 523-8100 Norton (276) 679-0230 Keen Mountain (276) 498-4533 Oakwood (276) 498-4533

11 Attachment B

Fire Scenario Training

1) Any person discovering a fire and others in the immediate vicinity shall make a prompt effort to extinguish the fire. Those efforts would include activation of applicable fire suppression systems and/or direct application of water or fire extinguisher agents. 2) Insert AMS system warning/reaction guidelines and associated evacuation procedures, if applicable. 3) The type, location, and extent of the fire, if known, shall be reported immediately to the authorized person located on the surface. The authorized person located on the surface shall do the following immediately upon receiving information that a fire has occurred: a. Contact the responsible person or designee at the mine, supervisors and/or personnel in all available areas of the mine; b. Notify Division of Mines and MSHA officials immediately, at once without delay after confirming the incident and within 15 minutes; c. Notify mine rescue teams and other support personnel as directed by the responsible person or designee.

Underground personnel evacuating should, if possible and time permitting, contact surface personnel from the first accessible telephone and provide the following information:

  1. Location and extent of fire, if known, and conditions present at your location;
  2. Any miners evacuating from the mine and their location, condition, etc;
  3. Number of miners leaving a particular location;
  4. Direction, entry, and method of evacuation (riding, walking, crawling, etc.) 4) The location and size of a fire area in conjunction with methane liberation and other mine specific conditions must dictate whether miners will attempt to extinguish a fire or withdraw to the surface immediately. 5) All underground personnel shall be accounted for, assembled to prepare for evacuation, and withdrawn to a location designated by the responsible person or his designee. Miners shall report changes in normal work areas to the responsible person or authorized person on the surface. 6) All mine personnel not required for a mine emergency response shall evacuate from the mine by the quickest, most practical means that varies, depending on the situation, post-fire conditions, availability of transportation equipment, etc. If the fire cannot be extinguished and conditions are such that emergency response

12 personnel are in imminent danger, then all personnel will be evacuated immediately to the surface. 7) All miners must know and understand the mine ventilation system and where smoke and toxic fire gases would travel from any fire location to your location in the mine. Mine fires create special dangers to all personnel located underground including: (1) restricted or zero visibility while attempting escape from the mine; (2) extreme heat that affects the body, lungs, and mine roof; (3) smoke; (4) carbon monoxide, carbon dioxide, and toxic smoke tars. 8) The electrical power to the affected equipment and/or area of the mine shall be de-energized as directed by the responsible person or his designee. Electrical power to other areas of the mine or equipment should be de-energized or disconnected as necessary, while considering evacuation of mine personnel. 9) All underground mine personnel should attempt evacuation from the mine – by identifying primary escapeway and alternate (secondary) escapeway entries and considering.

  • FIRST CHOICE – The entry traveled during your normal mode of transportation into and out of the mine is usually the quickest and is usually the primary or alternate (secondary) escapeway. The entry traveled into and out of the mine should be traveled until conditions such as physical obstructions, smoke, fire, etc. prevent further evacuation in this entry. The decision to evacuate and ride in the primary OR alternate (secondary) escapeway depends on several factors including the mine ventilation, presence of smoke, fire, toxic fire/explosion gases, physical obstructions, etc. This decision should be based on the entry, which would provide the most practical, safest, and most expedient evacuation from the mine.

REMEMBER: You can always ride faster than you can walk or crawl and with conditions permitting, ride as far as you possibly can.

  • SECOND CHOICE – If at the beginning or during evacuation and you have no transportation equipment available to ride in the primary or alternate (secondary) escapeway, then with conditions permitting – walk or crawl the primary or secondary escapeway. The decision whether to travel the primary or secondary escapeway depends on many factors as previously described. If the escapeway being traveled becomes blocked with obstructions such as roof falls, water, smoke, fire, etc., then you have to consider further evacuation in a different escapeway entry.
  • THIRD CHOICE – An alternate (secondary) or intake escapeway not selected as the second choice. 10) Each miner shall have an SCSR in their possession and an additional SCSR readily accessible or on the transportation equipment. The additional SCSR storage locations are shown on both the mine map (surface) and escapeway map.

Identify locations of stored SCSRs, if applicable. Miners should don a self-rescue device when smoke, odor, fire, or any contaminated atmosphere is encountered.

Miners are encouraged to don self-rescue devices whenever they believe they are

13 exposed to a toxic or irrespirable atmosphere. Mine operators are encouraged to provide air quality detectors so that miners will be able to better identify hazardous atmospheres. 11) During evacuation, the miners should get an escapeway map, if applicable, to take with them. The escapeway entry, primary or alternate (secondary), that will be traveled shall be explained to all miners. The authorized person located on the surface should be informed of the number of miners beginning evacuation and the escape route that will be used while exiting the mine. 12) If walking or crawling, the supervisor should travel in front with all persons using the lifeline to ensure no one is left behind. The miners should move fast but should never run even when coal heights allow. The miners should regulate their travel speed to accommodate the slower personnel in the group. 13) Mining personnel should consider the following if a decision is made to extinguish the fire:

  • Ventilation to the fire area should be established, maintained, and evaluated periodically to provide access for fire-fighting efforts;
  • Fire-fighting efforts should be conducted from the outby, fresh air ventilation side, of the fire area;
  • Fire-fighting equipment should be assembled immediately and preparations made for fire-fighting efforts. Equipment would include water hose and nozzles, rock dust, fire extinguishers, saws, hammers, nails, ventilation curtain, etc.;
  • Water and/or foam can be used for fire fighting when conditions prohibit a close-up, direct approach to the fire area. Always de-energize electrical power to affected equipment or areas of the mine prior to applying water and/or foam to a fire;
  • Ventilation stoppings located inby or outby the fire area may have to be removed or altered to short-circuit the ventilation to allow close access necessary to extinguish the fire. Use extreme caution while traveling inby a fire area to perform this type ventilation work. 14) The miners should consider barricading or entering a refuge chamber only when all escape routes are blocked or too hazardous to travel. When all possible means of escape are exhausted and barricading is the only alternative, then barricade using all available resources to make the barricaded area airtight as possible while knowing that one (1) cubic yard of air per person per hour is required for survival.

A note should be left outside the barricade indicating the number of miners and time the barricade was built. Oxygen tanks, water, food, all available SCSRs, and a sounding device for striking roof supports for seismic location from the surface must be taken into the barricade.

14 Attachment C

Explosion Scenario Training

1) The location and extent of the explosion, if known, shall be reported immediately to the authorized person located on the surface. The authorized person located on the surface shall do the following immediately upon receiving information that an explosion has occurred: a. Contact the responsible person or designee at the mine, supervisors, and/or personnel in all available areas of the mine; b. Notify Division of Mines and MSHA officials immediately, at once without delay after confirming the incident and within 15 minutes; c. Notify mine rescue teams and other support personnel as directed by the responsible person or his designee.

Underground personnel evacuating should, if possible and time permitting, contact surface personnel from the first accessible telephone and provide the following information:

  1. Location and extent of explosion, if known, and conditions present at your location;
  2. Any miners evacuating from the mine and their location, condition, etc;
  3. Number of miners leaving a particular location;
  4. Direction, entry, and method of evacuation (riding, walking, crawling, etc.) 2) All mine personnel not required for a mine emergency response shall evacuate from the mine by the quickest, most practical means that varies, depending on the situation, post-explosion conditions, availability of transportation equipment, etc. 3) All underground personnel shall be accounted for, assembled to prepare for evacuation and withdrawn to a location designated by the responsible person or his designee. Miners shall report changes in normal work areas to the responsible person or authorized person on the surface. 4) The electrical power to the affected area of the mine shall be de-energized as directed by the responsible person or his designee. Electrical power to other areas of the mine should be de-energized as necessary, while considering evacuation of mine personnel. 5) All underground personnel not required for emergency response shall evacuate by traveling the primary or alternate (secondary) escapeway as directed by the mine responsible person or his designee, taking into consideration:
  • FIRST CHOICE – The entry traveled using the normal mode of transportation into and out of the mine is usually the quickest and is usually the primary or alternate (secondary) escapeway. The entry traveled into and out of the mine should be traveled until conditions such as physical

15 obstructions, smoke, fire, etc. prevent further evacuation in this entry. The decision to evacuate and ride in the primary or alternate (secondary) escapeway depends on several factors including the mine ventilation, presence of smoke, fire, toxic fire/explosion gases, physical obstructions, etc. This decision should be based on the entry, which would provide the most practical, safest and most expedient evacuation from the mine. REMEMBER: You can always ride faster than you can walk or crawl and with conditions permitting, ride as far as you possibly can.

  • SECOND CHOICE – If at the beginning or during evacuation and you have no transportation equipment available to ride in the primary or alternate (secondary) escapeway, then with conditions permitting – walk or crawl the primary or secondary escapeway. The decision whether to travel the primary or secondary escapeway depends on many factors as previously described. If the escapeway being traveled becomes blocked with obstructions such as roof falls, water, smoke, fire, etc., then you have to consider further evacuation in a different escapeway entry.
  • THIRD CHOICE – An alternate (secondary) or intake escapeway not selected as the second choice. 6) Each miner shall have an SCSR in their possession and an additional SCSR readily accessible or on the transportation equipment. The additional SCSR storage locations are shown on both the mine map (surface) and escapeway map.

Identify locations of stored SCSRs, if applicable. Miners should don a self-rescue device when smoke, odor, fire, or any contaminated atmosphere is encountered.

Miners are encouraged to don self-rescue devices whenever they believe they are exposed to a toxic or irrespirable atmosphere. Mine operators are encouraged to provide air quality detectors so that miners will be able to better identify hazardous atmospheres. 7) Lifelines or equivalent devices are provided in both the primary and secondary (alternate) escapeway entries. 8) Additional SCSRs are stored on active working sections; sections being installed or removed; at rehabilitation sites; located at crosscut no.(s) ___ ___; and are physically attached to the lifelines or equivalent devices. Reflective, direction signs are conspicuously posted in each entry that identifies each storage location. 9) During evacuation, the miners should get an escapeway map, if applicable, to take with them. The escapeway entry, primary or alternate (secondary), that will be traveled shall be explained to all miners. The authorized person located on the surface should be informed of the number of miners beginning evacuation and the escape route that will be used while exiting the mine. 10) If walking or crawling, the supervisor should travel in front with all persons using the lifeline to ensure no one is left behind. The miners should move fast but should never run even when coal heights allow. The miners should regulate their travel speed to accommodate the slower personnel in the group.

1611) The miners should consider barricading or entering a refuge chamber only when all escape routes are physically blocked or too hazardous to travel. When all possible means of escape are exhausted and barricading is the only alternative, then barricade using all available resources to make the barricaded area airtight as possible while knowing that one (1) cubic yard of air per person per hour is required for survival. A note should be left outside the barricade indicating the number of miners and time the barricade was built. Oxygen tanks, water, food, all available SCSRs and a sounding device for striking roof supports for seismic location from the surface must be taken into the barricade.

17 Attachment D

Gas Inundation Scenario Training

1) The location and extent of the gas inundation, if known, shall be reported immediately to the authorized person located on the surface. The authorized person located on the surface shall do the following immediately upon receiving information that a gas inundation has occurred: a. Contact the responsible person or designee at the mine, supervisors and/or personnel in all available areas of the mine; b. Notify Division of Mines and MSHA officials immediately, at once without delay after confirming the incident and within 15 minutes; c. Notify mine rescue teams and other support personnel as directed by the responsible person or designee.

Underground personnel evacuating should, if possible and time permitting, contact surface personnel from the first accessible telephone and provide the following information:

  1. Location and extent of gas inundation, if known, and conditions present at your location;
  2. Any miners evacuating from the mine and their location, condition, etc;
  3. Number of miners leaving a particular location;
  4. Direction, entry, and method of evacuation (riding, walking, crawling, etc.) 2) All mine personnel not required for a mine emergency response shall evacuate from the mine by the quickest, most practical means that varies, depending on the situation, post-inundation conditions, availability of transportation equipment, etc. 3) All underground personnel shall be accounted for, assembled to prepare for evacuation, and withdrawn to a location designated by the responsible person or his designee. Miners shall report changes in normal work areas to the responsible person or authorized person on the surface. 4) The electrical power to the affected area of the mine shall be de-energized as directed by the responsible person or his designee. Electrical power to other areas of the mine should be de-energized as necessary, while considering evacuation of mine personnel. 5) All underground mine personnel should attempt evacuation from the mine -identifying primary escapeway and alternate (secondary) escapeway entries, taking into consideration:
  • FIRST CHOICE – The entry traveled during your normal mode of transportation into and out of the mine is usually the quickest and is usually

18 the primary or alternate (secondary) escapeway. The entry traveled into and out of the mine should be traveled until conditions such as physical obstructions prevent further evacuation in this entry. The decision to evacuate and ride in the primary OR alternate (secondary) escapeway depends on several factors including the mine ventilation, presence of explosive gases, physical obstructions, irrespirable atmosphere, etc. Diesel-powered equipment is inoperative in high concentrations of methane and in irrespirable atmospheres. Battery-powered equipment must not be operated in explosive atmospheres. This decision should be based on the entry, which would provide the most practical, safest and most expedient evacuation from the mine.

  • REMEMBER: You can always ride faster than you can walk or crawl and with conditions permitting, ride as far as you possibly can.
  • SECOND CHOICE – If at the beginning or during evacuation and you have no transportation equipment available to ride in the primary or alternate (secondary) escapeway, then with conditions permitting – walk or crawl the primary or secondary escapeway. The decision whether to travel the primary or secondary escapeway depends on many factors as previously described. If the escapeway being traveled becomes blocked with obstructions, then you have to consider further evacuation in a different escapeway entry.
  • THIRD CHOICE – An alternate (secondary) or intake escapeway not selected as the second choice. 6) Each miner shall have an SCSR in their possession and an additional SCSR readily accessible or on the transportation equipment. The additional SCSR storage locations are shown on both the mine map (surface) and escapeway map.

Identify locations of stored SCSRs, if applicable. Miners should don a self-rescue device when smoke, odor, fire, or any contaminated atmosphere is encountered. Miners are encouraged to don self-rescue devices whenever they believe they are exposed to a toxic or irrespirable atmosphere. Mine operators are encouraged to provide air quality detectors so that miners will be able to better identify hazardous atmospheres. 7) Lifelines or equivalent devices are provided in both the primary and secondary (alternate) escapeway entries. 8) Additional SCSRs are stored on active working sections; sections being installed or removed; at rehabilitation sites; located at crosscut no.(s) ___ ___; and are physically attached to the lifelines or equivalent devices. Reflective, direction signs are conspicuously posted in each entry that identifies each storage location. 9) During evacuation, the miners should get an escapeway map, if applicable, to take with them. The escapeway entry, primary or alternate (secondary), that will be traveled shall be explained to all miners. The authorized person located on the surface should be informed of the number of miners beginning evacuation and the escape route that will be used while exiting the mine.

1910) If walking or crawling, the supervisor should travel in front with all persons using the lifeline to ensure no one is left behind. The miners should move fast but should never run even when coal heights allow. The miners should regulate their travel speed to accommodate the slower personnel in the group. 11) All miners should know and understand the following:

  • Mine gases including methane, low oxygen, blackdamp, carbon dioxide, etc. could enter your mine from another mine or from underlying, overlying, or adjacent strata;
  • The rate of flow of gases into your mine depend on your ventilation system, elevations of other mines, if applicable, in relation to your mine and whether or not the mine gases are pressurized;
  • Mine gases will have a tendency to be drawn into your mine from underlying/overlying strata, old mines, etc. if your mine fan is exhausting;
  • Mine ventilation associated with a blowing fan will have a tendency to apply some pressure against the inundating mine gases but pressurized gases entering your mine could override your mine ventilation system. 12) The miners should consider barricading or entering a refuge chamber only when all escape routes are physically blocked or too hazardous to travel. When all possible means of escape are exhausted and barricading is the only alternative, then barricade using all available resources to make the barricaded area airtight as possible while knowing that one (1) cubic yard of air per person per hour is required for survival. A note should be left outside the barricade indicating the number of miners and time the barricade was built. Oxygen tanks, water, food, all available SCSRs and a sounding device for striking roof supports for seismic location from the surface must be taken into the barricade.

20 Attachment E

Water Inundation Training Scenario

1) The location and extent of the water inundation, if known, shall be reported immediately to the authorized person located on the surface. The authorized person located on the surface shall do the following immediately upon receiving information that a water inundation has occurred: a. Contact the responsible person or designee at the mine, supervisors, and/or personnel in all available areas of the mine; b. Notify Division of Mines and MSHA officials immediately, at once without delay after confirming the incident and within 15 minutes; c. Notify mine rescue teams and other support personnel as directed by the responsible person or designee.

Underground personnel evacuating should, if possible and time permitting, contact surface personnel from the first accessible telephone and provide the following information:

  1. Location and extent of water inundation, if known, and conditions present at your location;
  2. Any miners evacuating from the mine and their location, condition, etc;
  3. Number of miners leaving a particular location;
  4. Direction, entry, and method of evacuation (riding, walking, crawling, etc.) 2) All mine personnel shall evacuate from the mine by the quickest, most practical means that varies, depending on the situation, post-inundation conditions, availability of transportation equipment, etc. 3) All underground personnel shall be accounted for, assembled to prepare for evacuation, and withdrawn to a location designated by the responsible person or his designee. Miners shall report changes in normal work areas to the responsible person or authorized person on the surface. 4) The electrical power to the affected area of the mine shall be de-energized as directed by the responsible person or his designee. Electrical power to other areas of the mine should be de-energized as necessary, while considering evacuation of mine personnel. 5) All underground mine personnel should attempt evacuation from the mine -identifying primary escapeway and alternate (secondary) escapeway entries, taking into consideration:
  • FIRST CHOICE – The entry traveled during your normal mode of transportation into and out of the mine is usually the quickest and is usually

21 the primary or alternate (secondary) escapeway. The entry traveled into and out of the mine should be traveled until conditions such as physical obstructions prevent further evacuation in this entry. The decision to evacuate and ride in the primary or alternate (secondary) escapeway depends on several factors including the mine ventilation, irrespirable atmospheres, physical obstructions, etc. This decision should be based on the entry, which would provide the most practical, safest, and most expedient evacuation from the mine.

  • REMEMBER: You can always ride faster than you can walk or crawl and with conditions permitting, ride as far as you possibly can.
  • SECOND CHOICE – If at the beginning or during evacuation and you have no transportation equipment available to ride in the primary or alternate (secondary) escapeway, then with conditions permitting – walk or crawl the primary or secondary escapeway. The decision whether to travel the primary or secondary escapeway depends on many factors as previously described. If the escapeway being traveled becomes blocked with obstructions such as water, then you have to consider further evacuation in a different escapeway entry.
  • THIRD CHOICE – An alternate (secondary) or intake escapeway not selected as the second choice. 6) Each miner shall have an SCSR in their possession and an additional SCSR readily accessible or on the transportation equipment. The additional SCSR storage locations are shown on both the mine map (surface) and escapeway map.

Identify locations of stored SCSRs, if applicable. Miners should don a self-rescue device when smoke, odor, fire, or any contaminated atmosphere is encountered. Miners are encouraged to don self-rescue devices whenever they believe they are exposed to a toxic or irrespirable atmosphere. Mine operators are encouraged to provide air quality detectors so that miners will be able to better identify hazardous atmospheres. 7) Lifelines or equivalent devices are provided in both the primary and secondary (alternate) escapeway entries. 8) Additional SCSRs are stored on active working sections; sections being installed or removed; at rehabilitation sites; located at crosscut no.(s) ___ ___; and are physically attached to the lifelines or equivalent devices. Reflective, direction signs are conspicuously posted in each entry that identifies each storage location. 9) During evacuation, the miners should get an escapeway map, if applicable, to take with them. The escapeway entry, primary or alternate (secondary), that will be traveled shall be explained to all miners. The authorized person located on the surface should be informed of the number of miners beginning evacuation and the escape route that will be used while exiting the mine. 10) If walking or crawling, the supervisor should travel in front with all persons using the lifeline to ensure no one is left behind. The miners should move fast but

22 should never run even when coal heights allow. The miners should regulate their travel speed to accommodate the slower personnel in the group. 11) All miners should know and understand the following:

  • The mine emergency escapeways;
  • The mine ventilation system;
  • Mine elevations (coal contour lines) and all low places, dips, etc. in your mine – water and blackdamp (carbon dioxide) will flow to low-lying areas;
  • Where and how water drains in your mine and how water accumulations affect the mine ventilation system, especially in escapeway entries;
  • The mine water drainage system and pumps located in the emergency escapeway entries and the result when such pumps are de-energized. 12) The miners should consider traveling to the highest, most accessible area of the mine and/or barricading or entering a refuge chamber only when all escape routes are blocked. These two options should only be considered as a last resort and only when all escape routes are physically blocked or too hazardous to travel.

When all possible means of escape are exhausted and moving to higher ground and/or barricading are the only alternatives, then barricade using all available resources to make the barricaded area airtight as possible while knowing that one (1) cubic yard of air per person per hour is required for survival. A note should be left outside the barricade indicating the number of miners and time the barricade was built. Oxygen tanks, water, food, all available SCSRs and a sounding device for striking roof supports for seismic location from the surface must be taken into the barricade.

23

Permit Renewal Procedures for Mining PermitsDoc ID: DMLR-M-4-84

Original: 256 words
Condensed: 201 words
Reduction: 21.5%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 4-84 Issue Date: April 21, 2008 Subject: Permit Renewals (issued 5/23/84, updated 10/1/01 & 04/21/08)

§4VAC25-130-774.15 provides that a valid permit carries with it the right of successive renewal, within the approved boundaries of the existing permit, upon the expiration of the permit term.

  1. Permittee will receive 180 days in advance notice of permit’s pending expiration date.
  2. Permittee should notify the DMLR if it does not intend to conduct mining after the permit’s expiration date.
  3. Permittee intending to continue operations beyond the expiration date shall submit renewal application at least 120 days prior to permit’s expiration date.
  4. The DMLR field inspector must review and upload the renewal application prior to its submittal to the Big Stone Gap office and provide a publication number. ________________________________

1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

Mine Permit Amendment ProceduresDoc ID: DMM-P-46

Original: 501 words
Condensed: 457 words
Reduction: 8.8%

DIVISION OF MINERAL MINING PROCEDURE NO. 4.6.00 PROCEDURES MANUAL ISSUE DATE 09/10/91 SUBJECT Amendments Section Permitting Last Revised

OBJECTIVE AND INTENT:

To provide a consistent process to allow mine operators to make changes in their approved plans.

PROCEDURES:

An amendment is required to make any change in an operators' approved plan. All amendments must be signed by a listed company official or other appropriately designated company official. All requests for amendment must be reviewed by the site Mine Inspector prior to review by the DMM office staff.

  1. The Mine Inspector will review the amendment materials to ensure that they contain all information necessary to comply with all regulatory requirements. The Mine Inspector will complete the field review within 30 days of receipt. If the review finds the amendment complete it will be forwarded to the DMM office. If the amendment is incomplete the Mine Inspector will return it to the mine operator with an Inspection Report (DMM-104) detailing any inconsistencies and necessary actions to complete the amendment package.
  1. Upon receipt of an amendment from the operator the Program Support Technician will review the amendment for completeness and verify that the Mine Inspector has reviewed and approved the amendment for submittal to the DMM office. The Program Support Technician will conduct the completeness review within 2 days after receipt. If the Mine Inspector has not reviewed the amendment, the amendment will be mailed to the site Inspector for review.
  1. When the Program Support Technician or Mine Inspector receives an amendment they will log the amendment onto the Mineral Mining System; (See Permit/Amendment Application Tracking Procedure
  2. 16.00) Application Tracking sub system. The application tracking number will be written on the Request for Amendment (DMM-113) by the Program Support Technician or Mine Inspector. The complete amendment will be passed on to the Environmental Engineer Consultant for review or field approved in accordance with Field Approval Procedure 4.10.00.
  1. The amendment will be reviewed by the Environmental Engineer Consultant in accordance with the DMM Permit Application Review Procedure 4.13.00. The Environmental Engineer Consultant will complete the review within 21 days after receipt.
  1. If the Environmental Engineer determines that the amendment is not suitable for approval, he will return the amendment to the Mine Inspector or operator with a letter detailing the required information.
  1. When the amendment is approved by the Environmental Engineer Consultant, it is then submitted to the Program Support Technician to compose a letter to accompany the amendment package and/or bill for required fees. After the amendment has been approved and any fees received, all fields in the Mineral Mining System pertaining to the amendment are updated by the Program Support Technician.

The Mine Inspector is given copies of the amendment package and the originals are kept at the DMM office. Request for fees will be mailed to the operator within 3 days after receipt by the Program Support Technician.

  1. Field approved amendments will be handled by the Program Support Technician in accordance with parts 2, 3, and 6 of this Amendment Procedures.
  1. 6-1

Name Change Procedures for Mining ApplicationsDoc ID: DMLR-P-2209

Original: 556 words
Condensed: 457 words
Reduction: 17.8%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.09

PROCEDURES MANUAL ISSUE DATE August 18, 2000 SUBJECT Name Changes on Applications Section Technical/Permitting Last Revised 3-12-97

OBJECTIVE AND INTENT:

To ensure a name change on an application is properly processed.

PROCEDURES:

Required Changes to the Application:

The Review Inspector shall ensure the following forms and items are submitted by the new applicant to replace the existing copies:

  • Application Form (DMLR-PT-034e and DMLR-PT-034p).
  • Sample public notice.
  • NPDES Short Form C (DMLR-PT-128) or EPA Application Forms 1 and 2C.
  • Map Legend(s) (DMLR-PT-017).
  • Reclamation Fund Application Form (DMLR-PT-162), if applicable.
  • Blasting Form (BLD-034D), if applicable.
  • Relinquishment Form (DMLR-PT-027), if applicable, to relinquish area from the current permit holder (not the previous applicant) to the new applicant.
  • Right-of-entry descriptions and documentation for the new applicant in accordance with the requirements of 4 VAC 25-130.778.15.

The Field Inspector shall:

  • review and initial the new forms or items prior to the applicant submitting them to the Big Stone Gap office.
  • instruct the new applicant or his consultant to replace the previous applicant’s name with the new applicant’s name throughout the application package.
  • instruct the previous applicant to submit a letter to the Big Stone Gap office requesting to withdraw the old application number.

Requirements for Public Participation:

The sample public notice will be reviewed by the Field Inspector for accuracy, and if found to be acceptable, a new publication number will be assigned.

If the newspaper publication and public comment periods for the previous applicant expired, the Field Inspector will instruct the new applicant to publish the new public notice (in the newspaper of general circulation for the area of the proposed operation) at least once a week for two consecutive weeks.

The notice should state that the public comment period of 30 days would commence on the first date of the notice’s publication.

In the event the newspaper publication and public comment periods for the previous applicant had not expired, the Field Inspector shall instruct the new applicant to publish the public notice at least once a 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.09

PROCEDURES MANUAL ISSUE DATE August 18, 2000 SUBJECT Name Changes on Applications Section Technical/Permitting Last Revised 3-12-97 week for an additional four consecutive weeks. The notice should state that the public comment period of 30 days would commence on the date of the notice’s final publication.

The Field Inspector shall instruct the new applicant to make the application available for public inspection and copying by filing a complete copy of the application with the Clerk of the Circuit Court of the city or county where the mining is proposed to occur, or in an accessible public office approved by the Division. The materials must be filed by the first publication date of the required public notice.

Outstanding Violation/Civil Penalty Check: (See Procedure # 2.2.06)

AVS data will be entered in accordance with approved AVS procedures (Procedure # 2.2.05).

Technical and Permit Review:

After the new applicant or his consultant has made the required changes (if the application had not yet received technical approval), the Review Inspector will route the application package to the appropriate technical staff for record keeping and review of the revised or additional technical material.

Normal procedures for the review and processing of new permit applications will be followed from this point. 2

Fire Prevention and Flammable Material HandlingDoc ID: DM-G-161267

Original: 350 words
Condensed: 312 words
Reduction: 10.9%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY

STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.4

ARTICLE 5

FIRE PREVENTION AND FIRE CONTROL Issue Date: 9/30/02 Revised Date: Page 1 of 1 Section 45.1-161.267.L Storage and Use of Flammable Fluids and Materials

This section of the MSA addresses standards for the use of oxygen and acetylene bottles and safe handling and storage practices.

When oxygen and acetylene bottles are used underground, work activities can be extensive and require several hours or shifts to complete. While being used, bottles and torches must be located in a safe place to prevent damage to bottle stems and hoses. The hoses and gages do not have to be disconnected while work activities are in progress. The bottles are to be considered in use as long as work is in progress. The bottles would not be considered in use if work activities have been completed and persons performing the work exit the working place. When work activities are completed and the bottles are no longer in use the bottles must be unhooked, capped and stored as required by the MSA.

When oxygen and acetylene bottles are used at the surface of an underground mine or at surface mines and are adequately secured, the regulators can remain attached for several hours or shift so that personnel at underground coal mine work shops and work shops at surface mines can make use of equipment during a shift or shift work activities.

Because some mine sites operate seven days per week and on all three shifts, gauges and torches can remain attached to bottles from shift to shift or day to day as work activities dictate, though when no one is scheduled to work a shift, the torches and gauges should be disconnected and the bottles capped. Bottles and torches are to be considered in use during each active shift where personnel are in the shop, work area of the shop, or other surface coal mine work location.

See also guideline for Storage and Flammable Fluids and Materials Article 13, Section 45.1-161.205.F. and Article 15, Section 45.1-161.238. D.

Mechanical Equipment Guarding GuidelinesDoc ID: DM-G-161124

Original: 267 words
Condensed: 191 words
Reduction: 28.5%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 4 MECHANICAL EQUIPMENT Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.124. A.

Shop and Other Equipment

Mechanical Equipment Guards

Guards installed to prevent contact with moving parts of machinery be:

  • Of a substantial construction so as to provide protection during operational conditions and practices.
  • Designed and installed so as to prevent any part of a person’s body from making contact with moving parts.
  • Firmly bolted or otherwise securely attached to the machinery.

Any guard on mechanical equipment previously installed by the manufacturer must be maintained in place, except for repairs. The guard is to be replaced prior to the machine being placed back in operation.

The MSA does not specify the material which must be used for guarding mechanical equipment. Metal, wire mesh, belting, wood or other materials may be used if they are effectively installed and provide adequate protection in the judgement of the mine inspector.

The approaches to mine fans must be adequately guarded as follows:

  • The outby access to exposed blades must be completely guarded.
  • The inby access must be guarded at least six feet on the inby side of the fan blades with a substantial barrier across the entire width and at least one-half the height of the air course. Cable, chain or other adequate guards may be used.

The mine inspector must inspect all belt, chain and rope drives to ensure that guarding is in place to adequately prevent persons from becoming entangled between the rollers and conveyor belt, chain or rope.

Smoking Articles Inspection ProceduresDoc ID: DM-P-10408

Original: 1,623 words
Condensed: 981 words
Reduction: 39.6%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.08

ISSUE DATE: January 1, 1997 SUBJECT: Smoking Articles Inspection

LAST REVISED: 01/27/00;07/07

OBJECTIVE AND INTENT

To establish investigative procedures for the purpose of responding effectively to alleged felony acts related to carrying and for using smoker’s articles in underground mines.

GENERAL

  1. Upon notification from MSHA, anonymous complaint, or other sources, of alleged smoking underground, planning of the smoking articles complaint inspection should be coordinated by the affected DM Supervisor. The planning should include coordination with the MSHA District Manager or Assistant District Manager.

2. Suspicion of smoking underground while at the mine on any inspection:

 Conduct search in the presence of a company agent and any witnesses.

 Document witnesses and detailed notes of location.

 In the event smoking articles are discovered, refer to “Enforcement Action”.

  1. If smoking articles are discovered by a company official in the possession of an employee while underground, and this is reported to DM, the following actions will be taken:

 Require the official to record details in the company’s record book (smokers’ articles or preshift/onshift).

 DM will receive the record book(s) and provide the company official a receipt for the records.

 DM will request the person discovering the smoking articles to provide a detailed report of the incident and have the report notarized.

 Evaluate the investigation and if justified, file a criminal complaint against the suspect.

1-5

  1. Procedures for conducting searches of individuals.

 Have the person demonstrate to you that they have no smoking articles in their possession.

 Have the person open their dinner bucket, remove boots, turn out their pockets, etc.

 If they refuse, refer to procedure, “Enforcement Action”.

PROCEDURE

1. PLANNING A SMOKING ARTICLES INSPECTION

 A decision by DM and MSHA (if involved) will be made to determine what shift and if the inspection will be conducted on the working sections or as mining personnel are traveling to the surface. Usually, a particular shift will be indicated with the complaint, etc. Coal height, distance to working sections, and the element of surprise will be the critical evaluation factors as to whether to attempt to travel to the working sections or to inspect as mining personnel are traveling toward the surface.

 A decision by DM and MSHA (if involved) will be made to determine the number of inspectors necessary to complete the inspection. The number of inspectors selected will be based on the number of sections and number of mining personnel underground. A general rule of thumb is no less than three inspectors to send to each section or other areas of the mine where mining personnel are present in addition to an adequate number on the surface to maintain communication security.

2. CONDUCTING SMOKING ARTICLES INSPECTION

 A meeting should be conducted of appointed field staff, both DM and MSHA, at a designated location to finalize planning strategies.

 Select a route of travel to mine site that would avoid prior notification and if alternate routes of travel are possible, they should be coordinated. Anticipate notification of mining personnel by truck drivers.

 One DM vehicle should arrive first with the number of inspectors necessary to secure all surface telephones and account for all mining personnel on the surface.

Upon initial arrival, a DM official will explain the purpose and scope of the inspection. This explanation will also include the penalty of violation of Section 45.1-161.84 of the Coal Mining Safety Laws of Virginia, in reference to pre-notification of inspections. 2-5  The approach, direction and initial advance to the working section will be different in each mine. A critical factor to consider at this point is to initially advance to a specific location if a complaint or other information has revealed that a particular occupation was involved. Ex: roof bolting crew, miner crew, etc.

 When arriving at a working section, gather all mining personnel and travel to a designated inspection location. Upon initial approach to mining personnel on equipment, request that they bring their dinner buckets, coats, or other clothing, etc. Observe mining personnel very closely as traveling to the designated inspection location.

 Inspect the mine floor at the designated inspection location to make sure that no smoking articles, cigarette butts, etc., are already present in this area.

 Instruct mining personnel to position themselves at least three to four feet apart so as to improve confirmation of ownership of cigarette butts, etc., if thrown on the mine floor.

 Designated inspection personnel should closely observe mining personnel that are not being inspected for smoking articles. Look for personnel removing cigarettes, lighters and cigarette butts from pockets and attempting to throw them away.

Cigarette butts found after the inspection begins should be cross-matched to cigarettes found on mining personnel; if such articles are found on the person or property of mining personnel.

 After the personnel inspection has been completed, inspect all equipment and unlocked tool boxes. Inspect locked tool boxes if mining personnel are available that have keys to such boxes. Also, inspect the working section for smoking articles that may have been hidden and cigarette butts thrown on the mine floor.

3. DISCOVERY OF SMOKING ARTICLES DURING INSPECTION

 Summon the DM and MSHA (if involved) officials in charge, mine officials, and applicable miner’s representative to any location where smoking articles are found.

All parties should acknowledge the presence and location of any articles found.

 One DM person should document the names, addresses and telephone numbers of any witnesses, and the name, birth date, telephone number, and address of any person found possessing smoking articles.

3-5  The DM person in charge should document the location in detail of any smoking articles found. A sketch of the location of smoking articles and pertinent information would be helpful.

 The smoking articles should be placed in a paper bag (using surgical gloves if available).

 The paper bag should be properly identified (EX: #1, #2, #3, etc.), stating the contents and specific location in which the items were obtained.

 A record for all items taken as evidence will be provided with a copy given to the company official. The record will account for each item as identified.

 In the event that smoking articles are discovered in lunch buckets, coats, tool boxes, etc., attempt to identify the owner of these items. If identified, the person’s name and other pertinent information should be documented on the record given to the company and on the identifying containers (paper bag) holding the items.

 Mining personnel on which smoking articles are found should be withdrawn to the surface with the inspection team.

4. COMPLETION OF INSPECTION

 Issue appropriate notices and/or orders as outlined in Procedure 5, “Enforcement Action”.

 Confirm information, such as correct names, addresses, birth dates, and telephone numbers of suspected violators for possible issuance of criminal complaints.

 If a decision to file a criminal complaint is immediately made, the suspected violators may be informed of the Division of Mines’ intention. A recommendation should be made that the suspect follow DM personnel to the Magistrate’s Office to prevent having warrants served on them and being picked up by the police

 If a decision on filing a criminal complaint is not immediately determined, the suspect should be told that DM personnel will contact them should the decision be made to file a complaint. This would allow the suspect to meet DM at the Magistrate’s Office and prevent them being picked up by the Sheriff’s Department.

4-5  If interviews of witnesses are needed, they should be conducted immediately. This procedure will enable obtaining accurate and complete testimonies prior to versions being changed or influenced. Document all questions and answers. Dates and times for interviews of any remaining mine personnel not immediately interviewed should be set. Note: These are informal interviews. The person has the right to refuse to answer questions or stop interviews at any time.

5. ENFORCEMENT ACTION

 If smoking articles are found during a search of a person or his personal property: (i) issue a violation to the individual person, referencing Section 45.1-161.177 A of the Coal Mine Safety Laws of Virginia; (ii) issue an imminent danger order to the licensed mine operator under Section 45.1-161.91 A (i) referencing 45.1-161.177 A and a violation under 45.1-161.177 B for an inadequate search program.

 If a person refuses to be searched: (i) issue a violation to the individual person referencing Section 45.1-161.177C; (ii) if management does not remove the person from the mine, issue the licensed mine operator a violation referencing 45.1-161.14 B; (iii) if the licensed mine operator does not comply with the 45.1-161.14 B violation within a reasonable time, issue an Order of Closure affecting the entire mine, for failure to abate (45.1-161.91A (IV).

 If smoking articles are found underground an no person is involved, issue the licensed mine operator a violation under Section 45.1-161.177 B. NOTE: DM personnel should be aware that cigarette butts are sometimes carried underground accidentally on the bottom of boots, in rock dust bags, drill bits, etc. This problem should be addressed with management.

 If smoking articles are found and the mine is closed, it may be necessary for the mine to remain closed until a joint meeting is held by DM with the operator, mine management, superintendent, general mine foreman, or any other top management deemed necessary.

 If interviews reveal that other suspects were carrying smoking articles underground, consult with the Assistant Attorney General and take appropriate actions.  In the event facts show neglect or improper actions by certified persons, take appropriate actions with the Board of Coal Mining Examiners.

Rv. 07/07

5-5

Certificates of Deposit for Mine ReclamationDoc ID: DMLR-M-3-83

Original: 103 words
Condensed: 97 words
Reduction: 5.8%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 3-83

Certificates of Deposit (issued 2/10/83, updated 10/1/01)

§4 VAC 25-130-800.16 of the regulations require that performance bonds, such as certificates of deposit, be made payable to the “Commonwealth of Virginia, Director-Division of Mined Land Reclamation”.

The Division will not accept interest payments. Interest payments for the certificates of deposit should be made payable to the party putting up the certificate. There may be other means available for handling interest payments. The Division does not have to approve methods for handling interest payments.

Mine Transportation and Access GuidelinesDoc ID: DM-G-161149

Original: 214 words
Condensed: 208 words
Reduction: 2.8%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 6 TRANSPORTATION Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.149.

Availability of Mantrips

A mantrip or other equipment suitable for providing reasonable access within a reasonable time will be provided to areas of the mine where miners are working and where transportation is ordinarily provided.

This section does not specify the size of the mantrip or the number of persons it may transport. However, if equipment is suitable for providing access, then it must be appropriate in size to safely transport all personnel.

There is nothing in this section of the MSA which requires a mantrip be left on the working section of a mine at all times. Reasonable time means to be available at normal mantrip time, and located so as to be available for emergency response within fifteen minutes of where miners are working. Personnel may be transported in a scoop that is in the rear position to the direction of travel and which has a locking device to prevent accidental activation of the hydraulic control lever which operates the scoop. Also, if the scoop is equipped with an ejector blade, the control lever for the blade must be locked in neutral.

Surface Electrical Repairman Certification RequirementsDoc ID: DM-C-SER

Original: 409 words
Condensed: 357 words
Reduction: 12.7%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

SURFACEELECTRICALREPAIRMAN

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: *Surface Electrical Repairman This certification authorizes the holder to: ƒ Perform electrical work and inspections at surface locations of underground coal mines, preparation plants, and at surface (strip) coal mines (any surface location) ƒ Make examinations on electrical equipment ƒ Conduct and record results of electrical examinations

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ One year of electrical experience in surface coal mining under the direction of a certified surface electrical repairman or appropriately related work experience approved by the Chief of the Division of Mines ƒ Six months credit will be granted for electrical training from a college, technical school, or vocational school ƒ Hold a General Miner Certification ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

NOTE: Must provide MSHA Individual Identification Number prior to certification being issued.

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Alternating Current (AC) 20 ƒ Direct Current (DC) 20 ƒ Circuits & Equipment/drawings (CE) 25 ƒ Cable Splicing (CS) 20 ƒ High Voltage (HV) 20 ƒ Legal Requirements (LR) 20 ƒ Permissibility (PR) 20 ƒ First Aid (FA) 20 ƒ Gas Detection - practical demonstration ƒ Records - Practical Stations (5)

  1. Control Circuit Troubleshooting - Electrical Schematic Reading (ER)
  2. Electrical Examinations - Record Keeping (RK) (Surface)
  3. Cable Troubleshooting (CT)
  4. Circuit Breaker Troubleshooting (CB)
  5. Permissibility (PD) - continued on back -RECOMMENDED REFERENCE/STUDY MATERIALS: ƒ Electrical Study Guide/Student Training Guide ƒ Coal Mine Safety Laws of Virginia ƒ BCME Requirements ƒ First Aid for Miners Study Guide ƒ Title 30 CFR Parts 18, 75, 77 ƒ Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

  • 8 hours annual continuing education required to update certification.

Revised 06/02/08

Permit Signage and Boundary Markers RequirementsDoc ID: DMLR-G-12-05

Original: 811 words
Condensed: 701 words
Reduction: 13.6%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

GUIDANCE MEMORANDUM1 No. 12-05 Issue Date: August 22, 2005 Subject: Requirements for Permit Signs and Markers

In order to meet the requirements of the Virginia Coal Surface Mining Reclamation Regulations at 4 VAC 25-130-816.11 and 4 VAC 25-130-817.11 - Signs and markers, it is necessary for permittees to maintain permit signs and markers until final bond release. The permit markers must be made of durable material, must be visible so that each marker can be seen from the adjacent markers and must be of uniform design. (See Sections 4 VAC 25-130-816.11 and 4 VAC 25-130-817.11)

Special caution should be taken for permit boundaries located near or above residences, as any off permit disturbance could result in property damage or personal injury to residents living near and/or below the permit area. DMLR Inspectors have been instructed to be alert to potential impacts from permitted areas located near or above residences and monitor mining related activities in those areas. As required in House Bill 2573 enacted by the 2005 General Assembly, Section 4 VAC 25-130-816.112 and 4 VAC 25-130-817.11 has been amended under subpart (a) to require, “Be made of or marked with fluorescent or reflective paint or material if the signs are permit boundary markers on areas that are located on steep slopes above private dwellings or other occupied buildings.”

In addition, subpart (b) of the aforementioned regulations clearly requires that signs and markers be maintained during the life of the permit - "Maintenance. Signs and markers shall be maintained during the conduct of all activities to which they pertain." The requirement for maintenance of signs and markers throughout the permit life is supported by the March 13, 1979 Federal Register, Vol. 44, No. 50, Rules and Regulations pages 15136 to 15138. The preamble language for the signs and markers regulations reads as follows: "816.11(a)(3).

Signs and markers should be made of durable material so that they will not deteriorate before the final bond is released on the permit area. It would be to the permittee's advantage that signs amd (sic) markers be constructed of durable material so that 1 This Memorandum is to be considered a guideline issued under the authority of § 45.1-230.A1 of the Code of Virginia which reads:

"In addition to the adoption of regulations under this chapter, the Director may at his discretion issue or distribute to the public interpretative, advisory or procedural bulletins or guidelines pertaining to permit applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials shall be clearly designated as to their nature, shall be solely for purposes of public information and education, and shall not have the force of regulations under this chapter or under any other provision of this Code."

2 Section 4 VAC 25-130-817.11 is in the process of being amended to include this requirement.

GUIDANCE MEMORANDUM No. 12-05 Issue Date: August 22, 2005 Subject: Requirements for Permit Signs and Markers Page 2 frequently reposting of them is unnecessary. Since the final bond on a permit area would not be released for 5 or 10 years (depending on the geographic location) following the last augmented seeding, it would be essential that durable signs and markers be posted so the regulatory authority could determine the perimeter of the permit area and the person responsible. 816.11(b).

Maintenance of signs and markers will be the responsibility of the permittee until the final bond is released on the permit area. OSM adopted this provision because it will be necessary for the regulatory authority to know who is responsible for the permit area, the boundary of the permit area, and the location of buffer areas, blasting areas, and topsoil stockpiles, in order to make thorough inspections. Without continued maintenance of these signs and markers, inspection of the permit area would be difficult. " DMLR Inspectors will check to ensure that the required signs and markers are properly placed and maintained for the life of the permit. While allowed under the regulations, it is strongly recommended that flagging not be used for permit markers, since it is not very durable nor is it highly visible in a wooded area. If flagging is used, the permittee must regularly maintain the flagging so that it meets the regulatory requirements. However, permit boundary markers for areas located on steep slopes above private dwellings or other occupied buildings must be made of or marked with fluorescent or reflective paint or material.

If permit markers are not readily noticeable for a section of the permitted area or of the proper material, the DMLR Inspector will issue appropriate enforcement action.

 Should you have any questions regarding this guidance document or permit signs and markers, please contact the DMLR’s Reclamation Services Manager at (276) 523-8197.

Mining Near Gas Wells and Ventilation HolesDoc ID: DM-P-10603

Original: 964 words
Condensed: 838 words
Reduction: 13.1%

DIVISION OF MINES

CHAPTER: VI Operator Assistance

PROCEDURES MANUAL

PROCEDURE NO: 1.06.03

ISSUE DATE: January 1, 1997 SUBJECT: Mining Near Gas Wells

LAST REVISED: 10/00

OBJECTIVE AND INTENT

To provide an effective and consistent method to evaluate requests to mine near vertical ventilation holes and gas or oil wells and requests to mine through plugged vertical ventilation holes and plugged gas or oil wells to verify locations and mapping and provide for the safety of miners.

GENERAL

  1. Applications and notifications may be submitted by certified mail to the Division of Mines in Big Stone Gap or hand delivered to the Keen Mountain Office, the Big Stone Gap DM office or the Client Assistance Center in Big Stone Gap.
  1. The Division of Mines will simultaneously review applications, notifications, and plans with MSHA where this procedure is applicable.
  1. Interested persons (Operator, UMWA, MSHA, DGO, etc.) may request conferences regarding applications, notifications, and plans, if they so desire.

PROCEDURE

1. MINING NEAR GAS OR OIL WELLS AND VERTICAL VENTILATION HOLES

 The mine operator must give notice by certified mail to the Chief and the vertical ventilation hole operator prior to mining within 500 ft. horizontally of such hole. The mine operator must give notice by certified mail to the Chief, the gas or oil well operator and the gas and oil inspector prior to mining within 500 ft. horizontally of such well. The Division of Mines will acknowledge receipt of the required notification in writing.

Rv. 10/00

1-4  The mine operator must apply to the Chief for permission to mine horizontally within 200 ft. of a vertical ventilation hole and gas or oil well. Notice of such must also be sent to the operator of the VVH or gas or oil well. See Regulations Governing Vertical Ventilation Holes and Mining Near Gas Wells. Actions of the Division of mines include:

a. The Operator Assistance Group of the Division of Mines will review the application for accuracy, content, and whether the application meets the requirements of the Regulations Governing Vertical Ventilation Holes and Mining Near Gas Wells.

b. The Operator Assistance Group will complete a GPS survey of the VVH or gas or oil well in question and of the mine coordinate system base point if not already completed.

c. If any objection or objections are filed, the Chief will notify the applicant for permit of the nature of the objections and provide for a hearing as required by the regulations.

d. The Division of Mines will notify the operator in writing of its approval or disapproval of the application no sooner than 10 days of the receipt of the petition.

 The mine operator must give notice to the Chief, the hole or well operator, and the Gas and Oil Inspector when the operator plans to mine within 200 feet below a seam that is being vented by a vertical ventilation hole, coalbed methane well, or gob well. See Regulations Governing Vertical Ventilation Holes and Mining Near Gas Wells. Actions of the Division of Mines include:

a. Determine whether the hole or well operator has objections to the mine operator’s plans.

b. Hold conference or approve request per Regulations Governing Vertical Ventilation Holes and Mining Near Gas Wells.

Rv. 10/00

2-4

2. MINING THROUGH PLUGGED VERTICAL VENTILATION HOLES AND GAS

WELLS

 Mine operators who are planning to mine through a plugged vertical ventilation hole or plugged gas or oil well must apply to the Chief as required by the Regulations Governing Vertical Ventilation Holes and Mining Near Gas Wells. Actions of the Division of Mines include:

a. The Operator Assistance Group will make every effort to determine if the hole has been plugged according to plans.

b. Determine whether the well or hole operators have any objection to the mine operator’s plans.

c. Approve, deny, or schedule a hearing according to the Regulations Governing Vertical Ventilation Holes and Mining Near Gas Wells.

 A mine operator who is expressly drilling gas wells or vertical ventilation holes for the purposes of degassing the seam in which the operator is conducting mining may, in lieu of the above requirements, submit mine wide plans as follows:

a. Written plan which includes: (1) Description of plugging methods. Include details such as plugging materials and distance above and below seam.

Multiple plugging techniques may be included. (2) Minimum time frame between drilling through seam and mining through plugged well or VVH. (3) Description of surveying techniques used to determine surface and underground location and surveying accuracy maintained.

b. Map, submitted annually, which shall show: (1) Surface and seam locations of existing wells with depth of hole and depth below seam. (2) Location of projected wells.

c. When a projected well is drilled the operator shall notify the Division of Mines (by fax or mail) and provide the seam location, depth of hole, and depth below the seam.

Rv. 10/00

3-4 d. When a well is drilled that is not projected or a projected well is moved more than 3 feet from the planned location the operator shall notify the Division of Mines (by fax or mail) and provide the surface location, seam location, depth of hole and depth below seam. The operator shall also provide a mine map or partial mine map showing the location of the well.

e. A map will be kept up-to-date in the mine office which will show well locations and indicate which wells are plugged.

f. By submitting the above plan the operator will meet the requirements of the Regulations Governing Vertical Ventilation Holes and Mining Near Gas Oil Wells. The operator may still be required to meet obligations to other parties as required in the regulations.

g. This plan will be incorporated as part of the approved mine bleeder plan.

Rv. 10/00

4-4

Permit Review Procedures for Mined Land ReclamationDoc ID: DMLR-P-2201

Original: 2,156 words
Condensed: 1,923 words
Reduction: 10.8%

DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 2.2.01 PROCEDURES MANUAL ISSUE DATE October 7, 2002 SUBJECT Permit Review Section Technical/Permitting Quality and Completeness Check Last Revised 3/12/97

OBJECTIVE AND INTENT:

To ensure that the review of each Chapter 19 permit application (DMLR-PT-034e, DMLR-PT-034o, DMLR-PT-034p, maps, plans, bonding information, etc.) is correct and complete using current, prudent engineering and professional practices.

Abbreviations:

BLA Blasting ITS Information RI Review Inspector Technology Specialist ECO Ecologist MS Mineral Specialist RI - AVS Review Inspector (applicant violator system) ENG Environmental MGR Manager/MS SPA Special Projects Engineer Administrator (Remining) EP Electronic permit NA Not applicable WPS Water Program application Specialist GEO Geologist PS Program Specialist

PROCEDURES:

I. Application Submittal

Paper Copy - When a paper application is received (mail or walk in) at the Big Stone Gap office, the Program Specialist will receipt application and initiate the following procedures.

Who Initial Date Duties: PS Sends to Permit Section for processing (walk in).

PS Creates index cards, then notifies MS via e-mail.

MS Runs EP Load to get data download.

MS E-mails designated PS to enter data from paper application.

PS Enters, checks, and/or updates application data in the stand-alone program and inspector checklist (DMLR-PT-008). (NA if completed by Inspector) PS Notifies MS by e-mail that the data is loaded. (NA if completed by Inspector) PS Delivers hard copy to RI (DMLR-PT-034e) or RI – AVS (DMLR-PT-034o or DMLR-PT-034p).

MS Runs autofoldering, map data download, and Current Permit to Appl. Data Report.

RI Does the initial administrative review and e-mails MS for routing.

MS Routes the application to technical reviewers.

1DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE October 7, 2002 SUBJECT Permit Review Section Technical/Permitting Quality and Completeness Check Last Revised 3/12/97 Electronic - When an electronic application is received (by mail or walk in) at the Big Stone Gap office, the Program Specialist will receipt application and initiate the following procedures.

Who Initial Date Duties:

PS

Sends to Permit Section for processing (walk in).

PS

Creates index card and delivers hard copy to RI (DMLR-PT-034e) or RI – AVS (DMLR-PT-034o or DMLR-PT-034p).

MS

Creates TIFF images.

MS

Runs autofoldering, map data download, and Current Permit to Appl. Data Report.

RI

Does the initial administrative review and e-mails Mineral Specialist for routing.

MS

Routes application to technical reviewers.

II. Technical/Permitting Review - The technical and permitting staff shall consider the applicable elements listed below in their respective reviews of a Chapter 19 permit application. The reviewers shall utilize the DMLR electronic permit review system to log review activities (which will become a part of the permit application file). RI shall forward review decisions in writing to the applicant and incorporate them into the permit files. Review decisions should be thorough, accurate, and grammatically correct. Each reviewer shall complete the regulatory written finding under his/her field of expertise for each significant revision and new permit application.

Who Initial Date Duties

BLA

Views Current Permit to Appl. Data Report.

BLA

Verify application data to map location.

BLA

Blasting plans.

BLA

Mine Safety Health Administration concurrence.

BLA

Division of Mines concurrence.

BLA

Variance requests (1.18).

BLA

Comments:

ECO

Views Current Permit to Appl. Data Report.

ECO

Verify application data to map location.

ECO

Vegetation information.

ECO

Fish and wildlife information. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE October 7, 2002 SUBJECT Permit Review Section Technical/Permitting Quality and Completeness Check Last Revised 3/12/97

ECO

Wetlands.

ECO

Mitigation Plan.

ECO

Land use information.

ECO

Land productivity.

ECO

Prime farmlands information.

ECO

Soil resources information.

ECO

Plans for handling topsoil (amount, location and storage).

ECO

Plans for postmining land use, including retention of structures.

ECO

Revegetation plans.

ECO

Stream buffer zones: Ecosystem.

ECO

Variance requests (1.18).

ECO

Comments:

ENG

Views Current Permit to Appl. Data Report.

ENG

Verify application data to map location.

ENG

Operation and reclamation plans.

ENG

Backfilling and regrading plan.

ENG

Drainage and sediment control plans.

ENG

Transportation facilities plans.

ENG

Plans for disposal of excess spoil.

ENG

Compare/verify fills in application to DMME/DMLR database.

ENG

Reclamation cost estimates (compared with DMLR' s bond forfeiture historical data).

ENG

Subsidence control plans for mining under structures.

ENG

Volume estimates (coal, overburden, etc.).

ENG

Plans for disposal of coal mine waste and combustible materials.

ENG

Plans for maximization of coal resources.

ENG

Certification of maps, plans and cross-sections.

ENG

Plans for handling adverse offsite impacts (surface runoff and PHC).

ENG

Support facilities.

ENG

Relinquishments (if yes, note applicable permit numbers and details in comment section).

ENG

Review for potential rapid water discharge.

ENG

Variance requests (1.18).

ENG

Comments: 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE October 7, 2002 SUBJECT Permit Review Section Technical/Permitting Quality and Completeness Check Last Revised 3/12/97

GEO

Views Current Permit to Appl. Data Report.

GEO

Verify application data to map location.

GEO

Stratigraphic data sheets, overburden analyses, and geologic cross-sections.

GEO

Compare/verify coal seam names, geologic data points, and ground water monitoring points in application to DMME/DMLR database.

GEO

Compare/verify geologic data point(s) and ground water monitoring locations (application to map(s)).

GEO

Water supply inventories.

GEO

Baseline and/or compliance groundwater monitoring data.

GEO

Well-construction data.

GEO

Acid-toxic handling plans.

GEO

Occurrence of water zones significant to the hydrologic balance.

GEO

Plans for alternate water supplies and water replacement.

GEO

Subsidence plans relative to geology and hydrology, including overlying streams.

GEO

Probable hydrologic consequences (PHC): water quantity.

GEO

Sealing of boreholes/wells plan.

GEO

Certification of applicable plans and maps.

GEO

Relinquishments (if yes, note applicable permit numbers and details in comment section).

GEO

Variance requests (1.18).

GEO

Comments:

ITS

Views Current Permit to Appl. Data Report.

ITS

Verify application data to GIS coverage.

ITS

Identify the location of the proposed permit area on the appropriate base map.

ITS

Check the permit acreage.

ITS

Compare proposed permit area in application to DMME/DMLR database to check for overlaps.

ITS

Compare PMU in application to DMME/DMLR database to check for overlaps.

ITS

Relinquishments (if yes, note applicable permit numbers and details in comment section).

ITS

Review the permit application maps for accuracy and required information.

ITS

Notifies MGR of proposal to mine adjacent to state boundary(ies).

ITS

Comments:

RI

Views Current Permit to Appl. Data Report. 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE October 7, 2002 SUBJECT Permit Review Section Technical/Permitting Quality and Completeness Check Last Revised 3/12/97

RI

Ensures proper Agencies have been notified.

RI

Verify application data to map location.

RI

Completes Applicant Violator System (AVS) data sheets for the application and forward to the RI - AVS).

RI

Notifies the applicant of any alleged outstanding AVS violations.

RI

Evaluates any valid existing rights claims.

RI

Evaluates any potential or actual prohibited mining limitations (lands unsuitable for mining designations).

RI

Determines acceptability of right-of-entry information.

RI

Determines whether the applicant is eligible for acceptance into the Pool Bond Fund (if applicable).

RI

Determines adequacy of compliance information.

RI

Determines adequacy of ownership and control information.

RI

Forwards DMLR review comments and concerns to applicant and assign resubmittal deadlines (if applicable).

RI

Ensures all reviewers have approved application.

RI

Performs violation history, outstanding DMLR civil penalty(ies), and Applicant Violator System checks.

RI

Evaluates liability insurance certificate.

RI

Evaluates reclamation fee payment affidavit.

RI

Evaluates ownership & control and violation history affidavit.

RI

Calculates the necessary bond and fees.

RI

Requests by letter, payment of fees and bond and any other applicable materials.

RI

Composes and distributes "Terms of Issuance" letter (if applicable).

RI

Completes "Office Use" portion of bonding and tax worksheet.

RI

Ensures the "Written Findings" are complete.

RI

Completes approval/issuance processing note.

RI

Ensures the permit application file is maintained and current.

RI

Conducts administrative review and Appl. information updates.

RI

Relinquishments (if yes, note applicable permit numbers and details in comment section).

RI

Three criteria for permit transfer [774.17(d)] or six criteria for permit renewal [774.15(c)(1)] have been met

RI

Comments:

WPS

Views Current Permit to Appl. Data Report.

WPS

Verify application data to map location.

WPS

Stream buffer zone. 5

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE October 7, 2002 SUBJECT Permit Review Section Technical/Permitting Quality and Completeness Check Last Revised 3/12/97

WPS

Baseline water analyses.

WPS

Baseline and compliance water monitoring locations.

WPS

Monitoring parameters.

WPS

Compares/verifies water monitoring points (NPDES, surface, groundwater, rainfall) in application to DMME/DMLR database.

WPS

Probable hydrologic consequences (PHC): water quality.

WPS

Establishment of stream loading for remining.

WPS

Climatological requirements.

WPS

NPDES applications.

WPS Notifies the PS to send a copy of the entire permit application to the United States Environmental Protection Agency (EPA) if the applicant proposes to place a pond in a stream with more than 200 acres of watershed and/or place a fill in a hollow with more than 250 acres of watershed upstream from the pond.

WPS

Notify the PS to send a letter notifying the United States Army Corps of Engineers (ACE) if a fill is proposed in a hollow with more than 250 acres of watershed upstream from the toe of the most downstream pond.

WPS

Prepares fact sheets.

WPS

Assigns monitoring point identification numbers.

WPS

Relinquishments (if yes, note applicable permit numbers and details in comment section).

WPS

Variance requests (1.18).

WPS

Comments:

SPA

Remining / Experimental Practice

SPA

Comments:

III. Data to Other Agencies - Assigned Program Specialist will forward data to other agencies.

Virginia Department of Environmental Quality / Water and Air Divisions (DEQ)

PS

A copy of DMLR-PT-034e or Sections I, V (including DMLR-PT-128) and X of the DMLR-PT-034e, Surface Water and Application Map(s).

PS

Confirmation of receipt.

PS

Comments forwarded to RI.

Virginia Department of Game and Inland Fisheries (VDGIF)

PS

A copy of the Application.

PS

Confirmation of receipt.

PS/ECO

Comments forwarded to RI.

Virginia Department of Historic Resources (VDHR)

PS

A copy of Sections I, II, VII, and X of DMLR-PT-034e. 6

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE October 7, 2002 SUBJECT Permit Review Section Technical/Permitting Quality and Completeness Check Last Revised 3/12/97

PS

A copy of the Application Map with the location of the site on the USGS Quad map.

PS

Confirmation of receipt.

PS

Comments forwarded to RI.

US Fish and Wildlife Service (USFWS)

PS

Sends complete copy to Abingdon, VA office when New Application, Acreage Amendment, Significant Revision, or CSMO Renewal is received.

PS

Confirmation of receipt.

PS/ECO

Comments forwarded to applicable reviewer.

County Administrator/Planning District Commission

PS

Sends Public Notice when New Application, Acreage Amendment, Significant Revision, or Renewal is received.

PS

Comments forwarded to applicable reviewer.

US Army Corp of Engineers (ACE)

PS Send a letter, with applicable boxes checked, notifying the USACE (Abingdon VA office) when determined to be appropriate by WPS or Field Inspector on New Applications, Acreage Amendments, Significant Revisions, or CSMO Renewals.

PS/ECO

Comments forwarded to applicable reviewer.

John W. Flannagan Dam (Question 5.2)

PS

Sends Public Notice when application for mining is in Flannagan Dam watershed.

PS

Comments forwarded to applicable reviewer.

Water Service Authority (Question 7.3, 7.4)

PS

Sends Public Notice when application for mining in close proximity.

PS

Comments forwarded to applicable reviewer.

Environmental Protection Agency (EPA) PS When notified by WPS, send a copy of the entire permit application to the EPA if the applicant proposes to place a pond in a stream with more than 200 acres of watershed and/or place a fill in a hollow with more than 250 acres of watershed upstream from the pond.

WPS

Comments forwarded /received.

U. S. Forest Service (USFS) (Question 18.8)

PS

Verify Field Inspector contacted USFS for Federal Lands applications.

PS

Comments forwarded to applicable reviewer.

IV. Application Approval

RI

Notifies MS of DIS status.

MS

Runs EP Return. 7

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.01

PROCEDURES MANUAL ISSUE DATE October 7, 2002 SUBJECT Permit Review Section Technical/Permitting Quality and Completeness Check Last Revised 3/12/97

MS

Notifies assigned PS for scanning (paper application), MGR for quality completeness checklist review, ITS for GIS data check, and WPS for completion of CHIA (Permit Number & Date).

PS

Scans the paper application.

MGR

Reviews Quality Completeness Checklist, Current Permit to Appl. Data Report, Written Findings and CHIA.

ITS

Checks the application data versus the GIS data.

RI

Makes necessary changes to Application and updates Section 1.6.

MS

Runs autofoldering, map data download, and Current Permit to Appl. Data Report.

RI

Reviews Application Data Required for Issuance.

MS

Routes application to reviewers.

RI

Conducts final Admin Review and Computer Process (CMP).

MGR

Notifies MS of need to run Clean-up Application(s) for Relinquishment(s) or data correction(s).

PS

Prepares a monitoring package for the operator.

MS

Routes Clean-up Application(s): would enter the appropriate Permit /Application number

PS

Notifies County Administrator of permit approval.

RI

Notifies informal conference participants and other commenters of decision to issue permit.

PS

Notifies applicant of decision to issue.

RI

Notifies applicant of decision to withdraw/deny. 8

Next of Kin Emergency Notification GuidelinesDoc ID: DM-G-161202

Original: 145 words
Condensed: 117 words
Reduction: 19.3%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 13

FIRE PREVENTION AND FIRE CONTROL Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.202.B.

Emergency Response Plans; List of Next of Kin

The list of next of kin of all miners employed at the mine shall be readily accessible to authorized personnel at the mine on all shifts worked.

This list should contain as a minimum the following information for the designated next of kin:

Name

Relationship

Address

Phone Number

This list is intended for the sole purpose of enabling proper notification of family members should an injury or other emergency occur involving an individual at the mine.

Reasons for any exception to this information should be documented on the list. The operator should review regularly and maintain a current list of next of kin.

DMME Training and Reclamation ProceduresDoc ID: DMLR-P-1101

Original: 751 words
Condensed: 651 words
Reduction: 13.3%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.01

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Training Events Section Customer Services Last Revised 3/12/97

OBJECTIVE AND INTENT:

To enhance agency and individual performance and improve efficiency and effectiveness through training.

GENERAL:

DMME University

The DMME University System is the web-based system that DMME employees will use to request and evaluate all training. It is located on the DMME Intranet site, http://dmme.mme.state.va.us/.

Training is a requirement in all performance management plans and 40 hours of DMME University training is recommended on an annual basis to ensure employees stay abreast of information important to continuous quality improvement and to develop skills important to a quality work environment.

All training, convention, and conference attendance will be coordinated by the DMME Training Coordinator (TC) and approved through the DMME University System.

PROCEDURES:

The TC shall:

  • conduct a “Needs Survey” each Spring (in response to the federal Office of Surface Mining survey) to identify employees who would like to attend OSM sponsored courses. The State surveys are utilized by OSM to schedule courses. From the DMLR survey, OSM allocates the number of participants and alternates from Virginia who may attend a particular course.
  • maintain a listing of available training on the DMME University system.
  • maintain and make readily available information about the listed seminars, workshops, or courses (e.g., brochures, flyers, advertisements).
  • coordinate all seminars, workshops, and courses not presented by the Division. This includes registration for attendance and all travel and lodging arrangements.
  • Ensure DMLR complies with DMME Procedure #290 “Training and Education”.

The Division employee shall notify or copy the TC with information received on any upcoming seminar, workshop, or course This will assist the TC’s ability to inform other employees of training opportunities. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.01

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Training Events Section Customer Services Last Revised 3/12/97 Training Requests -

Each employee request for training must be made through the DMME University system. The TC will list all DMME sponsored and approved classes on the DMME University System. If a training opportunity is not listed, the employee must select the “Request Unlisted Event” button to request a class that is not listed on the system.

The employee must complete the system’s training request form to initiate the review and approval process.

Approval for Training –

Once the employee completes the training request form, the second phase of the approval process will commence. The system will automatically forward the request simultaneously to the employee’s supervisor and the TC.

The supervisor is responsible for approving or denying requests for training submitted by their subordinates. In reviewing each training request, the supervisor will determine whether the requested training is work related and relevant to the employee’s performance.

The TC will be responsible to ensure that requests and approvals comply with State standards and procedures.

If either the supervisor or TC disapproves the request, the request form will then be routed by the system to the appropriate manager for reconsideration and action. The system will notify the employee as to the ultimate decision on the request.

Evaluation of Training –

If the training request is approved, the employee must access the DMME University system to complete the evaluation component after attending the training event. Once this is performed, the system will automatically update the employee’s training record.

Training Reports –

Each employee’s complete training history is available through the DMME University System.

The employee may print a copy of his/her training record from the system at any time.

TRAINING ATTENDANCE

It is the responsibility of the employee to attend the training events that he/she has requested and been approved to take. The employee’s yearly performance evaluation may consider the attendance rate. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.01

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Training Events Section Customer Services Last Revised 3/12/97 Involving Overnight Travel –

Attendance at or sponsorship of conventions or conferences requiring overnight stay requires the DMME Director’s or Deputy Director’s approval. In addition, the Travel Authorization Form (available through the DMME Intranet site, \\webbsg.dmmenet.mme.state.va.us\folders\DMME Downloadable Forms.) must be completed and submitted to the appropriate supervisor prior to travel.

Multiple Attendees –

Attendance of three or more employees at seminars, workshops, training, or similar activity(ies) essential for staff development requires the DMME Director’s or Deputy Director’s approval. The TC will monitor and review training requests to determine if multiple requests have been submitted that would necessitate DMME management approval. 3

Mine Land Reclamation Anniversary Compliance ProceduresDoc ID: DMLR-P-2303

Original: 707 words
Condensed: 631 words
Reduction: 10.7%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.03

PROCEDURES MANUAL ISSUE DATE May 1, 2013 SUBJECT Anniversary Materials Section Enforcement/Permitting Last Revised 10-11-05

OBJECTIVE AND INTENT:

To ensure anniversary fees (Va. Code 45.1-235E), reports, and maps are properly submitted by the permittee.

PROCEDURES:

Anniversary Maps

Anniversary materials, including an updated map, are required to be submitted via e-forms annually at least 45 days, but not more than 60 days prior to the anniversary date of the permit

The map should be colored1 to reflect actual field conditions at the time the report is prepared. The acreage listed on the anniversary map’s legend (DMLR-PT-017) “Since Permit Issuance” section must correspond with the acreage listed on the anniversary report form (DMLR-PT-028 E-form).

Certifications

The following must be submitted:

  • Annual impoundment/pond certifications utilizing the DMLR-PT-092A E-form.
  • Haulroad certifications, if any changes/upgrades of the road(s) occurred since the last anniversary, mid-term, or renewal permitting action. The Inspector will determine whether there have been any changes to the permit road(s), which may result in a road being classified as a “primary road” (See Guidance Memorandum #10-05). If an update is required, the Inspector will instruct the permittee to submit a revision application identifying the changes, including appropriate as-built certification(s), map(s), and plan(s) for the road(s). Once submitted to the DMLR office, the revision application will be routed to an Environmental Engineer for review (per DMLR Procedure 2.2.01).

Submittal to DMLR

The anniversary materials including maps (both pdf and dwg) must be submitted utilizing the DMLR-PT-028 E-form. and annual impoundment certifications must be submitted utilizing DMLR-PT-092A E-form.

The anniversary report submittal guidelines are as follows:

  • If the submitting Professional Engineer (PE) is not the “submitter,” an original PE certified hard copy of the map must be submitted
  • If the PE signs the maps utilizing the IdenTrust digital signature software an original hard copy map is not required to be submitted. A pdf version of the map must be attached with the signature, seal and date.
  • If the PE is the “submitter” of the E-form an original hard copy map is not required to be submitted. A pdf version of the map must be attached with the signature, seal and date.

The anniversary materials shall be reviewed by the field Inspector. The Inspector will verify that the information is correct, especially concerning changes in the permit and/or roads since the last anniversary, renewal, or other permitting action. If all the information contained in the anniversary materials is correct the field inspector will approve the E-form, which will allow the E-form to be submitted to the DMLR Mapping Section for review. 1 Per the color coding listed on the map legend form – DMLR-PT-017 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.03

PROCEDURES MANUAL ISSUE DATE May 1, 2013 SUBJECT Anniversary Materials Section Enforcement/Permitting Last Revised 10-11-05 If the field inspector finds errors in the anniversary materials, the field inspector must provide comments and reject the E-form, which will return the anniversary materials to the submitter for corrections. This process will be repeated until the inspector approves the E-form

Note: If roads are required to be updated, this must be accomplished under a separate revision application.

Mapping Section Review

  • Review the anniversary map and acreage calculations, and compare such with the last approved map on file in the DMLR mapping database system.
  • If errors are found in the acreage (e.g. permitted, disturbed, regraded, vegetated, or undisturbed acreage) provide detailed comments and reject the E-form Anniversary Materials, (which will return the E-form to the submitter for corrections as “Mapping Rejected).
  • Once the Anniversary Materials are found accurate and complete by the Engineering Technician, the Anniversary Materials will be “Mapping Approved” and an e-mail will be automatically generated notifying the submitter, permittee and the field inspector of the amount of fees owed and the due date.
  • If the fees owed are not submitted by the due date, an e-mail will be automatically generated one day after the due date notifying the inspector that the fees are now overdue.

The E-form Program will, upon final approval and payment of anniversary fees, update the appropriate data into the DMLR permitting system database. The “Final pdf” of the Anniversary Materials is placed in the electronic Permit Supplements file. 2

Underground Explosives Storage GuidelinesDoc ID: DM-G-161128

Original: 130 words
Condensed: 106 words
Reduction: 18.5%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 5

EXPLOSIVES AND BLASTING.

Issue Date: 5/02/03 Revised Date: 4/15/04 Page 1 of 1 Section 45.1-161.128.B.

Underground storage of explosives.

Explosives

The intent of this standard is to control the amount of explosives that may be stored underground.

A typical 48-hour supply of explosives used at the mine should be established.

The mine operator/agent should confirm through records that the amount of explosives stored underground is the amount that would normally be used within any given 48-hour period.

The explosives stored underground should be examined for deterioration, and shelf life expiration. Any explosives exceeding shelf life expiration dates or that have deteriorated shall be handled and disposed of in accordance with manufacturer recommendations.

Virginia Coal Mine Foreman Certification RequirementsDoc ID: DM-C-FCSSF

Original: 363 words
Condensed: 303 words
Reduction: 16.5%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS http://www.dmme.virginia.gov/dm/default.htm

FIRSTCLASSSHAFTORSLOPEFOREMAN

PHOTO ID REQUIRED

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20, which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: First Class Shaft or Slope Foreman This certification authorizes a miner to: ƒ Perform duties as a certified shaft or slope foreman/examiner at shaft or slope operations ƒ Conduct and record findings on pre-shift, on-shift and weekly examinations NOTE: ƒ This certification shall not be used in lieu of any other certification. First Class Mine Foreman may conduct required examinations at shaft/slope locations.

APPLICATION/EXPERIENCE REQUIREMENTS: ƒ Application (BCME-1) and $40.00 fee 5 working days prior to examination ƒ Five years mining experience at a shaft or slope appropriately related work experience approved by the Chief of the Division of Mines ƒ Three years credit will be granted for mining engineering degree from an approved four year college or two years credit for a degree in mining technology ƒ Current first aid training (MSHA 5000-23 Annual Retraining or New Miner Inexperienced Training acceptable)

EXAMINATION REQUIREMENTS: A score of 80% on each element of the examination

ELEMENTS OF EXAM NUMBER OF QUESTIONS ƒ Explosives (EX) 20 ƒ First Aid (FA) 20 ƒ Federal Regulations (FR) 20 ƒ Hoisting (HT) 20 ƒ Mine Gases (MG) 20 ƒ Mining Laws (ML) 20 ƒ Records – Practical – Pre-shift/On-shift (PO) ƒ Gas Detection - practical demonstration

- continued on back-RECOMMENDED REFERENCE/STUDY MATERIALS:

ƒ Coal Mine Safety Laws of Virginia ƒ BCME Requirements ƒ Title 30 CFR Parts 50, 70, 75, 77 ƒ First Class Mine Foreman Study Guide ƒ First Aid For Miners Study Guide ƒ Mine Gases Packet

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

Revised: 06/02/08

Mine Safety Enforcement and Violation ReportingDoc ID: DM-G-16190

Original: 943 words
Condensed: 763 words
Reduction: 19.1%

DVISION OF MINES GUIDELINES FOR APPLICATION OF

REGULATORY STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 9

ENFORCEMENT AND PENALTIES;

REPORTS OF VIOLATION Issue Date: 4/10/00 Revised Date: 4/15/04 Page 1 of 3 Section 45.1-161.90.A.

Notices of Violation.

Basis for Reports of Violation:

Section 45.1-161.8 of the Mine Safety Act (MSA) defines an “operator” as any person who operates, controls, or supervises a mine or any independent contractor performing services or construction at such mine.

Section 45.1-161.14 of the MSA requires an operator of any mine or his agent to operate his mine in full conformity with the MSA. The operator and his agents are generally deemed responsible for the conduct of miners employed in service at the mine with regard to compliance with all provisions of the MSA. See also Section 45.1-161.8 for additional information about the definition of an operator.

Section 45.1-161.90 of the MSA requires a mine inspector with reasonable cause to believe that a violation of the Act has occurred to issue a notice of violation to the person (operator, contractor, or individual) who is responsible for the violation. The MSA clearly mandates that a notice of violation be issued to the person who is responsible for the violation. This can be the individual, operator, agent or contractor; and where joint responsibility is established, all parties may be cited.

Citing Violations to an Individual:

Citing a notice of violation to an individual miner is not only required by the MSA when appropriate but is an important deterrent to the performance of unsafe acts at a mine.

Therefore, the mine inspector must carefully consider and establish appropriate responsibility when determining whom to cite in issuing a notice of violation.

When the mine inspector has reason to believe a violation of the MSA has occurred, he should evaluate the following in determining if the notice of violation should be issued to an individual:

  • Determine that a violation of the MSA has occurred.
  • Determine that the individual is directly responsible for the violation of the MSA by witnessing the unsafe act or by evidence that indicates that an individual has violated the MSA.
  • The individual’s knowledge and experience should be considered as it relates to the occurrence of the violation. Was proper training and supervision provided by the operator and/or agents to prepare the individual to perform assigned duties in compliance with the MSA.
  • The provision and availability of necessary equipment, supplies and other resources by the operator to safely perform assigned duties in compliance with the

MSA.

  • Determine whether the individual knowingly violated the MSA, or should have known that the act or behavior was unlawful.
  • Determine if the mine operator contributed to, had knowledge of or otherwise participated in the unsafe act or behavior relating to the violation.
  • If necessary, discuss the facts and information gathered with the DM supervisor before issuance of the individual violation.
  • Inform the mine operator and individual of the unsafe act or behavior that has resulted in the issuance of the violation. (Violations may have to be issued to the operator and individual when the facts determine that both were willing participants in the violation of the MSA).
  • Issue a notice of violation to the individual, referencing the appropriate section of the MSA. If the violation created an imminent danger, issue an imminent danger order to the licensed mine operator under SECTION 45.1-161.91.A. (i), referencing the appropriate section of the MSA.

DM has, in some circumstance, required that training related to the violation be conducted through the process of correcting individual violations. To determine if and what type training is to be completed to correct individual violations, the circumstances should be reviewed with the area supervisor. If the individual fails to comply with requirements to correct the violation, a failure to abate order must be issued to the mine operator, affecting the individual under 45.1-161.91.A. (iv). Board of Coal Mine Examiners or other legal actions may be necessary when certified persons are neglectful in their duties resulting in individual violations issued to a certified person.

Independent Contractor Identification:

In order to recognize the separate existence and thus responsibility of an “independent contractor”, the Division must have documentation of that existence. Without such documentation, the inspector should consider that the licensed mine operator is the party solely responsible for the site. With the necessary identifying information, the inspector may proceed to analyze the apportionment of responsibility among the separate entities operating on the site.

The licensed operator must provide the inspector with the following information to establish the existence of an independent contractor on the licensed mine site:

  • The contractor’s name, business address and business telephone number
  • A description of the scope of the work to be performed by the contractor and the work to be performed on the mine site
  • The contractor’s MSHA identification number, if any
  • The contractor’s address of record for service of citation, or other documents involving the independent contractor.

Issuing Notices of Violations and Closure Orders to Independent Contractors:

In deciding to whom to issue a violation, the inspector should take into account the following factors:

  • Whether the mine operator (i) contributed to the existence of a violation by any act, (ii) knew of a violation and failed to have the violation corrected, or (iii) should have known from an inspection required under the MSA of the occurrence or continued existence of a violation, when the violation happened in the course of the contractor’s work.
  • The licensed mine operator’s miners were exposed to a hazard created by the violation.

Based on these criteria, the inspector should then determine the responsible person or persons for each violation and cite them accordingly.

Coal Mining Permits and Ownership ControlDoc ID: DMLR-P-2205

Original: 2,794 words
Condensed: 2,257 words
Reduction: 19.2%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.05

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Applicant Violator System (AVS) & Section Permitting Ownership/Control Last Revised 2-21-07

OBJECTIVE AND INTENT:

To ensure the DMLR’s permit and revision application review and onsite investigations adequately identify permit applicants and operators who are eligible to conduct coal surface mining and reclamation operations in Virginia.

Operator - means any person engaged in coal mining that removes or intends to remove more than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location.

Permittee - means a person holding a permit issued by the Director for coal surface mining pursuant to §45.1-234, for coal exploration pursuant to § 45.1-233, or for an NPDES permit pursuant to §45.1-254.

Ownership and Control of Coal Mining Operations - Owned and/or Controlled or Owns and/or Controls - includes, but is not limited to:

  • the permittee of the mining operation.
  • the person owning a controlling interest (greater than 50 percent) of the particular operation through voting shares or based on instrument of ownership.
  • any other business relationship which allows the person to directly or indirectly determine the manner in which an entity conducts coal surface mining operations.

In examining the business relationship, DMLR will consider informal agreements, personal relationships, and the mining history of the parties involved. A determination that the relationship results in control of the mining operation, should show that the person has:

  • actually financed the operation;
  • owns the mining equipment;
  • owns the right to the coal;
  • directs onsite operations;
  • has a family relationship with one or more principals of the venture;
  • has a contract or other business relationship with the employee(s) of the operation, or
  • is otherwise the alter ego1 of the permittee/violator.

Presumed Business Relationship - Unless rebutted by a preponderance of evidence, the following may provide a presumption of ownership or control of the mining operation when the person is:

  • the operator of the mining operation (exercises control of the operation). 1 Under the doctrine of “alter ego”, court merely disregards corporate entity and holds individual responsible for acts knowingly and intentionally done in the name of corporation. It does not create assets for or in corporation, but simply fastens liability on the individual who uses the corporation merely as an instrumentality in conducting his own personal business and that liability springs from fraud perpetrated not on the corporation, but on third persons dealing with corporation. (Black’s Law Dictionary, 5th Edition) 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.05

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Applicant Violator System (AVS) & Section Permitting Ownership/Control Last Revised 2-21-07

  • able to commit the financial or real property assets of the business entity.
  • a general partner (compliance review should focus on whether the person controls the operation).
  • owning or controlling coal to be mined by another person under a lease, sublease or other control and having the right to receive such coal after mining or having the authority to determine the manner in which that person or another person conducts a surface coal mining operation.

PROCEDURES:

Initial E-form Permit Application - Identification of Interest(s):

The permit application must provide the detailed information required by 4 VAC 25-130-778.13 and 4 VAC 25-130-778.14. This information must be provided for:

  • the applicant,
  • the person(s) who owns or controls the applicant, and
  • any entity that is or has been owned or controlled by the applicant.

During the initial application review process (prior to submission of the complete application to the DMLR office), the Field Inspector shall examine the application to determine if the person listed as the applicant will in fact be the entity that will determine how the mining will be conducted.

If the Field Inspector discovers ownership or control inconsistencies in the application, the applicant shall be instructed to resolve such before submitting the complete application to the DMLR’s Big Stone Gap office.

Upon acceptance of a complete application, the Review Inspector will complete the “AVS Applicant Data” form.

  • Relevant data will be abstracted from the application material and entered into the federal AVS by the Review Inspector. Prior to entering the data into the AVS, the Review Inspector shall review the application materials to verify that the ownership and control information is accurate and complete by comparison with existing DMLR and AVS data files (manual and automated).

Should the information be deemed incomplete, the Review Inspector shall identify the application deficiencies, and shall notify the applicant that necessary correction(s) must be made. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.05

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Applicant Violator System (AVS) & Section Permitting Ownership/Control Last Revised 2-21-07 Interaction between DMLR and federal AVS:

During the initial permit application review and any subsequent changes regarding ownership and control of the permit or the operator, the Division will interact with the federal AVS to determine operator eligibility. Information regarding the permittee and operator will be gleaned from the application by the Review Inspector, who will enter the required application data into the federal AVS data system. The Review Inspector will receive and print out an initial report identifying any potential links2 to violators from the federal AVS.

The federal AVS office will search the AVS for links to violators (usually within 72 hours). Upon completion of its research, the federal AVS office will update the AVS and send the Review Inspector the final federal AVS report. The O/C investigator will review and analyze the report and determine the applicant’s eligibility.

If the O/C investigator recommends to “DENY”, the Reclamation Program Manager -Permitting or Review Inspector shall immediately notify the applicant (via e-mail) of the determination. The application will not be approved without first obtaining an “ISSUE” or “ISSUE - CONDITIONED” recommendation.

Within 30 days following DMLR’s application action (issuance, conditional issuance, denial, or withdrawal), the Review Inspector shall enter all relevant information concerning the decision into AVS.

Operator Changes – Subsequent to Permit Issuance

The Inspector may be faced with three situations where an operator change occurs after a permit is issued:

  1. The permittee notifies the Inspector that a change in the operator at the permit will occur.
  1. The Inspector notes during an onsite inspection that the operator has changed. (In this situation, the Inspector shall follow the procedure set out in the Enforcement Action section to ensure the permittee and operator comply with the applicable regulatory requirements.)
  1. An approved contractor assumes (purchases) primary control of the permitted operation. If the Reclamation Inspector has reason to believe the contractor has assumed primary control of the permit, he/she should interview the contractor’s company officials and document the findings in the inspection report. The Inspector should also note in the inspection report any observation of operational control by the contractor, any MSHA legal identity changes, sales agreements, or 2 Any links to operations with outstanding reclamation obligations, civil penalty debt, failure to pay reclamation taxes, etc. 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.05

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Applicant Violator System (AVS) & Section Permitting Ownership/Control Last Revised 2-21-07 other pertinent documents. The Reclamation Inspector and Area Supervisor must evaluate this to determine what enforcement action, if any, would be appropriate.

In most instances, a revision order notice may be issued rather than a notice of violation. (i.e., to reflect the transfer, assignment, and/or sale of the permittee’s former property rights.) This would be appropriate when the contractor is an approved operator on the permit.

The Inspector must ascertain whether the operator will or does exercise ownership or control of the mining operation.

  • If the operator exercises ownership and control, an application to transfer, assign, or sell the permit rights from the permittee to the new operator must be submitted pursuant to 4 VAC 25-130-774.17. The permittee would have to submit a relinquishment of the permit and the new operator would submit a transfer application by forms: DMLR-PT-034e, DMLR-PT-034p, and DMLR-PT-034o. This will also require the publication of a public notice for the transfer, assignment, or sale of the permit for 2 consecutive weeks.
  • If the operator serves at the pleasure of the permittee, a change would be documented by submittal of the operator information form (DMLR-PT-034o) and certification (DMLR-PT-034D). Publication of a public notice would not be required.

During review of a revision to add a new operator to the permit, prior to the submittal to the Division, a preliminary check of the AVS/OC information and outstanding state penalty information should be conducted. The Field Inspector should contact the Review Inspector by phone and provide the name of the proposed operator and any other O/C information concerning the operator for an immediate preliminary determination.

The Review Inspector will perform a preliminary search of the AVS and check for outstanding civil penalties of the proposed operator. This information will be provided to the Field Inspector by phone.

If the check indicates there is a link to a violator, the Field Inspector will notify the permittee of the problem and inform the permittee that the problem must be resolved before the onsite operator may commence mining operations. If the check indicates there is no link to a violator on the operator, the Field Inspector shall click the inspector approved button on the e-form application inspector checklist Note: The inspector comments shall state that the contractor information is consistence with the field findings and the preliminary AVS check has been conducted with no problems indentified. 4

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.05

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Applicant Violator System (AVS) & Section Permitting Ownership/Control Last Revised 2-21-07 Update of Information:

Whenever the Review or Field Inspector notices changes in the company or corporate structure (i.e.: new officials, contractors, resident agents, mine names, MSHA numbers, etc.), the Inspector will instruct the permittee to submit the appropriate forms (DMLR-PT-034p and/or DMLR-PT-034o) and notify the Reclamation Program Manager - Permitting of the change(s).

The Review Inspector will document these changes immediately on the AVS applicant data forms.

The Review Inspector will enter the updated information into the federal AVS, obtain a new evaluation, and initiate an AVS research.

Each DMLR approved change in the corporate or company structure of an existing permit or pending application shall be entered into the federal AVS within 10 calendar days by the Review Inspector (to ensure the system has accurate and current permit information).

Onsite Confirmation of Information:

During complete inspections on minesites with coal removal activity taking place, the Inspector must document the ownership control findings in the inspection report (DMLR-ENF-044S: in the “Type of Inspection” field enter “AQ”). During the onsite review, the Inspector should pay particular attention to such items as the mine identification signs, on-site equipment with identification numbers, and identification of persons who appear to exercise “control” on the site (compared to the information contained in the approved permit package).

If any discrepancies in the approved ownership and control information are observed, the inspector shall contact the Reclamation Program Manager with the information and begin an ownership and control investigation. If the Field Inspector discovers information suggesting an ownership or control change, but is unable to make a clear determination that coal is being removed by a person other than the permittee (or approved operator), such will be documented in the inspection report.

Enforcement Action

When the Field Inspector determines that coal is being removed by a person not approved in the permit as the permittee or operator, a notice of violation (NOV) shall be issued to the permittee requiring the immediate cessation of mining3 on the site by anyone other than the person approved in the permit as either the permittee or operator. This NOV will be issued under the performance standard code “AO” (mining contrary to the approved plans - 4 VAC 25-130-773.17(c) of the regulations). 3 However, if the preliminary AVS check reveals that the operator in question is eligible to conduct mining, the permittee will be instructed to submit the appropriate (operator change) e-form application materials within 5 days. The eligible operator may be allowed to continue operations when the permittee has not relinquished ownership or control over the permit. 5

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.05

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Applicant Violator System (AVS) & Section Permitting Ownership/Control Last Revised 2-21-07 The Inspector shall inform the permittee that

  • an operator change (DMLR-PT-034o & DMLR-PT-034D) must be submitted for an operator under the control of the permittee; or
  • an application for transfer, assignment, or sale of permit rights (DMLR-PT-034e, DMLR-PT-027; DMLR-PT-034p, and publication of public notice) for any person to whom ownership and control of the permit is transferred, assigned or sold.

The Inspector shall conduct a follow-up inspection within 5 days to verify that mining has ceased by the unapproved individual.

The NOV may be terminated when the unapproved operator ceases mining operations, or for eligible operators the permittee submits:

  • for an operator under the permittees’ control – an operator change
  • for an operator who will assume the permit – an application for transfer, assignment, or sale of permit rights. In addition, the person involved must clear an AVS check and the permittee’s bond coverage and liability insurance coverage must be adequate and remain in place until the permit is transferred to the new operator. (The new operator may conduct mining pending final approval of the application when there are no blocks under AVS or failure to pay civil penalties against the new operator.)

Notification Process - Issuance of Failure to Abate Cessation Orders (CO):

Whenever the Field Inspector or Supervisor issues a failure to abate CO to a permittee, the Permitting Office Services Specialist will be immediately notified of the action (or change in status of the CO). The Inspector shall instruct the permittee (4 VAC 25-130-843.11(g)), via the inspection report, to provide (written) current ownership and control information within 30 days from service of the CO. The inspection report4 shall:

  • inform the permittee that the updated information must comply with 4 VAC 25-130-778.13(c).
  • instruct the permittee to state in writing if no changes have occurred in the ownership and control information.

The Inspector shall monitor the 30-day deadline established by 4 VAC 25-130-773.17(h).

The inspector will contact the Permitting Office Services Specialist to determine if this information has been submitted. The permittee is required to confirm that there are no changes to the ownership and control information or to submit the appropriate changes. If there are any 4 The Inspector or Supervisor will send a copy of this report by certified mail to the surety, if applicable. 6

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.05

PROCEDURES MANUAL

ISSUE DATE 04/10/15 SUBJECT Applicant Violator System (AVS) & Section Permitting Ownership/Control Last Revised 2-21-07 changes5, the updated ownership and control information, should be submitted by letter to the Reclamation Program Manager – Permitting. If there are changes from the approved ownership and control file, the permittee will be required to also submit the appropriate updated information in an e-form application (DMLR-PT-034p and/or DMLR-PT-034o).

Upon receipt of the CO, the Permitting Office Services Specialist will immediately notify the Reclamation Program Manager - Permitting or staff of the violation(s) cited under the CO.

The Review Inspector shall enter the updated information into AVS.

In the event that the CO is not terminated within 30 days, the Permitting Office Services Specialist (within 60 days after the issuance of the CO) will e-mail and/or mail a copy of the CO to the operator (if different than the permittee) and president/director of the company owning or controlling the particular operation. The Permitting Office Services Specialist shall monitor the 60 day deadline. A cover letter will be included with the CO that informs the persons that the CO was issued, remains unabated, and that alternative enforcement action may occur (e.g., the individuals may be held personally responsible if the violation is not abated).

Routine Requests:

Industry, citizens, or DMLR personnel may make requests for violation checks on companies or individuals. A request for a violation check must be submitted in writing to the attention of the Reclamation Program Manager.

Files:

The AVS data files for each application and permit shall be retained in alphanumeric order in the AVS Office.

Each approved permit must have a computer printout of the latest AVS evaluation attached along with DMLR’s violation history and penalty checks. There will be instances where the O/C investigator recommends that the permit be “ISSUED - CONDITIONED” upon compliance with a particular situation. Should this occur, the Review Inspector must prepare and dispatch a “Terms of Issuance” memorandum to the applicant that sets out the condition(s) placed upon the issuance of the permit. 5 If there are, the Inspector may issue appropriate enforcement action (see page 5). 7

Biosolids Use Guidelines for Land ReclamationDoc ID: DMLR-G-BIO

Original: 1,778 words
Condensed: 1,657 words
Reduction: 6.8%

DEPARTMENT OF MINES, MINERALS AND ENERGY

DIVISION OF MINED LAND RECLAMATION

Biosolids Use Guidelines

The Department of Mines, Minerals and Energy’s (DMME) Division of Mined Land Reclamation (DMLR) will implement the requirements of the Biosolids Use Regulations under 12VAC5-585 et. seq. for the use of biosolids on permits issued under the Virginia Coal Surface Mining Reclamation Regulations.

As of January 1, 2008 (HB 2802, Acts of Assembly c. 881, 2007), the Virginia Department of Environmental Quality (DEQ) assumed regulatory oversight of all land application of biosolids. This moved the oversight of the Biosolids Use Regulations from the Virginia Department of Health (VDH) to DEQ. VDH will continue to consult with DEQ and advise on health issues related to biosolids applications.

These guidelines compliment 12VAC5-585-510(D), regarding the application of biosolids for the reclamation of disturbed land. DMME/DMLR will review the reclamation operation plan that proposes the use of biosolids with the assistance of the Virginia Department of Conservation and Recreation, the Soil Conservation Service, Virginia Cooperative Extension Service, and DEQ.

An application to use biosolids on a DMME/DMLR permit must provide or comply with the following administrative requirements and management standards –

Section I – ADMINISTRATIVE REQUIREMENTS

A. The permit application must provide a demonstration of legal right to enter and begin surface coal mining and reclamation operations for the biosolids site, as required by

§4VAC25-130-778.15.

B. The notification requirements of §4VAC 25-130-773.13(a) shall apply and the public notice advertisement and notice to the local governing bodies must make specific reference to the proposed use of biosolids.

C. The permit application shall provide a general description of the intended uses of the biosolids, as part of the operation plan (Section 10). The operation plan shall provide – 1) A description of the nature, purpose, and location of the biosolids site, and how the biosolids will be stored prior to use, if applicable. Reference should be made as to where in the application the location of the biosolids site is identified on the applicable permit application and/or geologic maps 2) The estimated beginning and ending dates for the biosolids application operation. 3) An estimate of the volume of biosolids that will be utilized. 4) A description of the proposed type of biosolids to be used, including the physical and chemical characteristics of the material.

D. The location restrictions and design/construction details identified in Section II, Management Standards, must be certified by a registered professional engineer licensed to practice in the Commonwealth of Virginia. The certification shall not contain any qualifications or exemptions from the requirements of these guidelines and/or §12VAC5-585 et. seq.

Biosolids Use Guidelines Updated: April 21, 2008 Page 2 of 2

E. Once a permit is issued, the permittee may modify the biosolids application operation project by submitting a revision application to the DMLR. The revision shall include a new certified site management plan.

F. DMME/DMLR approval for biosolids use on the permit area does not supersede other required permits, licenses, approvals, county ordinances, or standards required for use of biosolids.

Section II – MANAGEMENT STANDARDS

Location Restrictions - Consistent with §12VAC5-585-510B 3 (c and d), biosolids shall not be placed in areas –

A.

Subject to base floods, unless it can be shown that biosolids can be protected from inundation or washout and that flow of water is not restricted;

B.

With the vertical separation between the biosolids and the maximum seasonal water table or bedrock less than two feet;

C.

Closer than (all distances are to be measured in the horizontal plane) – 1) 100 feet of any perennial or intermittent stream (§4VAC25-130-816.57 or §4VAC 25-130-817.57); 2) 100 feet of any water supply well or spring (other than a monitoring well) in existence at the onset of the project; 3) 25 feet of a bedrock outcrop or sinkhole; 4) 100 feet of a sinkhole; or, 5) 25 feet from the permit boundary. 6) 15 feet of water diversions, sedimentation structures, and any outslope or area beyond the mining bench that is outside of surface water runoff control. 7) 15 feet from any of the adverse soil landscape features listed under the following “Operations Plan”, item B, that are not specifically covered by other setback/buffer zone restrictions. Hot spots (pH < 4.0) may be treated if appropriate soil pH control measures are taken.

D.

In wetlands, unless applicable federal, state, and local permits are obtained;

E.

Outside the approved DMME/DMLR permit boundary.

Operations Plan – The permit application operations plan addressing the biosolids use shall be prepared in accordance with §§4VAC25-130-779.21, 4VAC25-130-779.22, 4VAC25-130-780.18, 4VAC25-130-780.21, and/or the comparable sections of Parts 4VAC25-130-783 and 4VAC25-130-784. The plan shall include –

A.

A narrative statement that certifies the biosolids meet the standards of §§12VAC5-585-460 and 12VAC5-585-510, as set forth for agricultural use.

B.

Applicable maps identifying the locations within the permit where biosolids are proposed to be applied. The map criteria should include, but not be limited to, slope, rock type, depth to hard rock, surface topography/roughness, and delineate such features as – 1) Highly acidic “hot spots” (pH < 4.0). 2) Tension cracks or areas of instability. 3) Marshy areas or wet spots on the permit site. 4) Jurisdictional wetlands within and adjacent to the permit site.

Biosolids Use Guidelines Updated: April 21, 2008 Page 3 of 3

5) All water diversion and sedimentation/drainage control structures. 6) Roads, right of ways, houses, and other cultural features. 7) Water supply and monitoring wells. 8) Exceptionally rocky areas with less than 15% fines (soil size or < 2mm). 9) The distance to natural surface waters, seeps, and springs.

The mine soils are to be sampled at a minimum frequency of once per 2 acres to a depth of six (6) inches. The samples must be analyzed for pH and soluble salts.

The samples may be subject to acid-base accounting, depending on the pre-mining analysis or locally observed conditions. The analyses will be used to develop the minimum liming protocol for the mine soils used. Acidic mine soils must be limed to achieve an equilibrium pH of 6.0 immediately after biosolids incorporation.

C.

The management practices plan, which will describe the application rates under §§12VAC5-585-590, 12VAC5-585-600, 12VAC5-585-610. The biosolids application must not result in metal loadings which exceed those in §12VAC5-585-610, and/or other applicable sections of the “Biosolids Use Regulations”. 1) For routine infrequent biosolids application to mined land, the maximum loading rate shall be 35 dry tons (as cake) per year. 2) If the biosolids have been combined with wood chips, sawdust; or other carbon sources such that their aggregate carbon to nitrogen (C/N) ratio is > 25, the maximum loading rate will be 50 dry tons (as cake) per acre. 3) Higher loading rates may be approved on a case by case basis, particularly in instances such as refuse pile reclamation (where higher loading rates have been shown to be critical to long term stabilization of the reclaimed area). 4) Biosolids may be re-applied to a site after 3 years as long as all lifetime loading limits set by the “Biosolids Use Regulations” are maintained and monitoring indicates no observable adverse effects from the initial biosolids application. 5) Biosolids must be incorporated with 48 hours after application on areas with slopes in excess of 10%, and within 96 hours of those less than 10%.

Biosolids will not be applied to slopes in excess of 20%. A variance may be requested if and only if a suitable application technology has been demonstrated and on-site monitoring data confirms that sediment and pollutant runoff standards are met. 6) Biosolids may not be applied from November 15 through February 15, or to saturated soil. Biosolids may be applied to frozen ground only if a minimum 200 feet vegetated buffer is maintained between all application areas and surface water courses (excluding diversion ditches). 7) After the biosolids are incorporated into the area, the area will be immediately seeded in accordance with the approved revegetation plan. 8) Biosolids may be stockpiled on site for up to 6 months if appropriate measures are taken to prevent water runoff and leachate percolation. Storage facilities must be designed/constructed in accordance with §12VAC5-585-500. 9) If the applied biosolids are not Class A or subjected to Class I treatment, crops intended for direct human consumption shall not be grown for a period of less than 3 years following the last date of biosolids application, unless the crop is tested to verify that it is not contaminated. No animals whose products are Biosolids Use Guidelines Updated: April 21, 2008 Page 4 of 4

intended for human consumption may graze the site or obtain feed from the site for a period of 1 year following the last date of biosolids application. 10) Site access must be controlled and may be more restricted than for agricultural lands.

Probable Hydrologic Consequences (PHC) Assessment and Water Monitoring Plans –

A.

Baseline water samples that demonstrate the seasonal variability must be analyzed at least a year prior to biosolids application for each water quality sampling location of an area where biosolids will be applied.

B.

Surface and/or ground water monitoring shall be conducted in accordance with the approved NPDES and permit requirements. In addition, NPDES, surface, and groundwater sampling locations associated with the biosolids application areas must be monitored at least quarterly for nitrates for one year after the biosolids were applied.

C.

The PHC assessment shall address the use of biosolids on the permit site.

D.

If the permittee chooses to apply biosolids to slopes in excess of 20%, surface water discharge points must be monitored quarterly for EPA priority metals.

E.

Additional monitoring may be required by the DMME/DMLR if any combination of biosolids and site conditions indicate a potential for water quality degradation/risk.

Miscellaneous -

A.

Soil samples must be taken and analyzed to confirm long term pH control to > 5.0 at the application for final bond release is submitted to the DMLR

B.

The use of biosolids as a soil amendment shall be in accordance with the requirements of the Virginia Department of Agriculture and Consumer Services (VDACS) or the DEQ/DMME. If VDACS approves the biosolids as a soil amendment, no additional testing is necessary. However, if VDACS approval is not received, DMME in consultation with DEQ may require information and testing.

C.

A variance to these guidelines may be granted if the applicant or operator seeking to use biosolids demonstrates to the DMME and DEQ satisfaction that granting the variance will not result in an additional risk to the public health or the environment beyond the risk which would be imposed without the variance.

Should you have any questions concerning these guidelines, please contact the Technical Services Manager at (276) 523-8156.

Mining Near Critical Infrastructure GuidelinesDoc ID: DMLR-M-9-89

Original: 140 words
Condensed: 100 words
Reduction: 28.6%

Department of Mines, Minerals & Energy Division of Mined Land Reclamation Memoranda to Operators (Updated 10/1/01) Page 1

MEMORANDUM # 9-89

Mining Operations Near Facilities (issued 6/9/89, updated 10/1/01)

§§4 VAC 25-130-816.180 and 4 VAC 25-130-817.180 of the regulations require that all surface coal and underground mining activities be conducted in a manner that minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the Division.

As of August 1, 1989, permittees are required to provide advance notification to owners, the Division, and appropriate regulatory agencies exercising jurisdiction over the facilities prior to beginning operations within 300 feet of the facilities.

Mine Openings and Escapeway Safety StandardsDoc ID: DM-G-161165

Original: 353 words
Condensed: 353 words
Reduction: 0.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 8 MINE OPENINGS AND ESCAPEWAYS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.165.

Maintenance of Mine Openings

Travelways, Entries, and Openings – Safe Condition

This section of the MSA is to be applied as requiring that all mine travelways, entries or openings be maintained in a safe condition. Openings exposed to highwalls must be protected by well constructed canopies or aprons which are designed for the height and condition of highwalls present. Benching or sloping back of highwalls may be a necessity for safe openings. Control of surface water may be necessary to maintain safe conditions at surface openings. Clearance, the safe construction and location of doors, and other structures and equipment should be considered where personnel enter and travel.

Designated escapeways for leaving the mine must be ventilated with intake air, be continuous to the surface, provided with escape facilities from slope or shaft bottoms to the surface and be the most practical direct route to the surface. To be considered in safe condition escapeways must afford adequate clearance for personnel travel and be free of excessive accumulations of water and stumbling hazards. Typically, water above the standard rubber boot would be a violation of this section, require pumping, rerouting or bridging the affected area.

Travelways in air courses which are examined weekly or more often must be maintained in safe condition for travel by examiners. Water accumulations in these areas may not be accessible for mine pumping systems. Consideration may be given to other safe accommodations to ensure the safety of examiners. This must be evaluated by the mine inspector on a case by case basis.

In considering the maintenance of mine travelways, entries, and openings in a safe condition the mine inspector must consider the mine specific condition of height of coal seam, roof conditions, extent of development, methane liberation, and ventilation effectiveness, projected mining schedule, and other mine specific factors. Further, the purpose for which the travelway, entry or opening is used will determine what acceptable standard to apply.

Diesel Equipment Safety and Maintenance GuidelinesDoc ID: DM-G-161206

Original: 508 words
Condensed: 286 words
Reduction: 43.7%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY

STANDARDS MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.3

ARTICLE 13

FIRE PREVENTION AND FIRE CONTROL Issue Date: 4/10/00 Revised Date: 9/30/02 Page 1 of 2 Section 45.1-161.206.

Diesel Powered Equipment

Lead Seals and Other Securing Devices on Diesel Fuel Pumps.

Lead seals or other securing devices placed on fuel pumps on diesel engines are part of the approval requirements for the use of the machine underground. If lead seals are missing from the fuel pump, they must be replaced for the machine, or engine, to be maintained in compliance. Emission tests must be taken immediately following the discovery of the missing lead seals. If the machine’s emission standards are in compliance, and the lead seal replaced, the machine can be placed back in operation. If the machine’s emission standards are out of compliance, the machine will be removed from service until repaired.

Maintenance on Diesel powered Equipment.

Maintenance of diesel powered equipment can be defined as any or all work that is performed that may affect the engine exhaust emissions conformance with the requirements for their use underground. Any maintenance requirements recommended by the manufacturer in the use and upkeep of the diesel equipment’s engine and emissions components should also be considered by the inspector as maintenance work; such as injector adjustments, engine speed adjustments, changing of oil, and the changing of filters, etc. A certified diesel engine mechanic must perform maintenance and repair work on emission components. A certified diesel engine mechanic must inspect permissible and emission components of diesel powered equipment weekly.

Requirement for Employment of Certified Diesel Mechanic.

The maintenance work performed on underground diesel powered equipment must be performed by or under the direct supervision of a Virginia certified diesel engine mechanic. If the operator employs this individual directly it is the operator’s responsibility to ensure that this individual is certified to perform the necessary work. If the operator contracts their services of an independent contractor, it is the independent contractor’s responsibility to use only certified persons to perform or the necessary work.

The individual performing the work (i.e., certified person) shall sign the record kept by the operator or the independent contractor for this purpose.

Air Quality and Quantity Specifications Required for Diesel Powered Equipment.

Diesel powered equipment utilized on the working section is to be operated under air quality (Co and NO2) guidelines specified in regulations, in the return of each section where diesel equipment is used.

The minimum ventilating air quantity for an individual unit of diesel powered equipment being operated out by the working section shall be at least that specified on the approval plate for that equipment. Such air quantity shall be maintained according to regulations.

Process for Approving Diesel Equipment

All diesel equipment used underground at any mine is approved for use at that particular mine. If the equipment is moved to another mine, it must be approved for use at the new mine. Once initially approved at each mine, the equipment can then be moved between the mine locations.

Mining Reclamation Completion ProceduresDoc ID: DMLR-P-2307

Original: 1,029 words
Condensed: 888 words
Reduction: 13.7%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.07

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Completion Letters and Materials Section Reclamation Services /Permitting Last Revised April 17, 2006

OBJECTIVE AND INTENT:

To ensure the permittee submits the required information to the DMLR when declaring mining activities complete on a permit and to ensure the staff review of completion materials is thorough and consistent.

PROCEDURES:

The Field Inspector shall instruct the permittee to submit a completion letter to the Division’s Reclamation Program Manager(Permitting) after mining activities are completed at the permit site if the permittee is unable to complete reclamation operations and submit the necessary completion report materials to the Inspector prior to the permit’s next anniversary date.

The Inspector shall inform the permittee that prior to submitting the completion letter to the Big Stone Gap office, the letter must contain original signatures (hard copy) of a company official (or individual possessing the permittee’s power of attorney), then reviewed and initialed by the Inspector.

The Inspector shall ensure the letter accurately contains:

  • the complete company name and permit number.
  • the date mining activities were completed.
  • a statement or brief explanation of the permit’s reclamation status and an estimate of the date of implementation of the PMLU in order for the Division to set a deadline for submittal of completion materials
  • any other information the Field Inspector may deem pertinent.

If the letter contains the appropriate information, the Inspector shall sign or initial it and indicate the date of review.

The Inspector will enter the date the completion letter was accepted and initialed and the date completion reports will be due on the “Permit Field Update” tab in the DMLR System

Processing and Notifications:

Upon receipt of the completion letter at the Big Stone Gap office, the Permitting Office Services Specialist shall ensure the Field Inspector has initialed it. Any comments made by the Inspector will be reviewed and acted upon by the Permit Review Specialist.

As directed by the Permit Review Specialist or a Reclamation Program Manager(Permitting), the Permitting Office Services Specialist shall:

  • assign a deadline based on the estimated implementation of the PMLU in the permittee’s 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.07

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Completion Letters and Materials Section Reclamation Services /Permitting Last Revised April 17, 2006 completion letter for completion of reclamation and submittal of completion report materials.

  • E-mail a copy of the completion letter for distribution to the Field Inspector and OSM.
  • E-mail a copy of the letter to the permittee and field inspector, notifying it of the due dates for completion of reclamation and submittal of the completion report materials.
  • place a copy of the letters in the permits supplemental folder located in \\wap01512\DMLR\permit_supplements

Extension of Deadlines: A written request for an extension of the completion material submittal due date, if necessary, may be made by the permittee through the Inspector. On the written request, the Inspector shall –

  • sign or initial the signed hard copy ,
  • indicate the date of review, and
  • note whether the request is recommended to be approved or denied.

The Inspector will instruct the permittee to submit an approved request immediately (and as far in advance of the submittal due date as possible) to the Big Stone Gap office for processing by the Permit Review Specialist. In addition, the Inspector shall document the approval or disapproval in the inspection report.

The Permit Review Specialist shall receive the request, and will direct the final processing through the Permitting Office Services Specialist.

Should the permittee fail to submit the completion materials to the DMLR by the original due date or an approved extension date thereof, the Inspector shall issue a notice of violation (see Procedure #3.3.01).

The Inspector will enter the extended completion material due date on the “Permit Field Update” tab in the DMLR System as necessary.

Completion Materials -

Prior to the review and submittal of completion materials, the Inspector shall inform the permittee that all reclamation, including seeding tree planting and implementation of any other approved PMLU of the permit site must be completed.

The completion material should be prepared by using E-form application containing the following information: NOTE: If there are any pending revisions to the permit under review by DMLR (or revision(s) which may be needed to facilitate the completion report), the applicable revision(s) must have final approval/action prior to a request for a data dump for the completion report. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 3.07

PROCEDURES MANUAL

ISSUE DATE 04/10/15

SUBJECT

Completion Letters and Materials Section Reclamation Services /Permitting Last Revised April 17, 2006 DMLR-PT-034e Item/Narrative/Attachment

  1. 6 Enter the code of “CR” to designate completion report
  2. 16 Section(s) to be modified by the application
  3. 12 Amount of acreage being deleted
  4. 4 Seeding reports (DMLR-PT-011) 10.1 Narrative (Note: If the application involves incremental bonding, the narrative shall identify the specific bond reduction amount for each increment.) 21.1 Certification-application for permit (DMLR-PT-034D) 21.1 Maps 21.4 Map Legend (DMLR-PT-017)

When reviewing the completion materials, the Inspector shall, utilizing the Completion Map -

  1. review the original permit map and all revision and relinquishment maps approved since issuance of the permit.
  2. check the map legend (DMLR-PT-017) of each map to note total acreage covered by the permit.
  3. compare the outline of the permit boundaries on the completion map with the original map and all revision and relinquishment maps.
  4. check areas shown as regraded, vegetated, and seeded on the completion map with actual site conditions, ensuring the proper colors or designations were used for those areas.

The total number of acres disturbed should equal the total number of acres disturbed since original issuance of permit, less any relinquished disturbed acreage.

If the permit involved underground mining operations, the completion materials shall also include a map showing the extent of underground mining conducted after October 24, 1992.

Upon approval of the completion materials by the Inspector, the materials will be processed as any other E-form application. Once the inspector submits the E-form application, the permitting section will review the submittal for final approval. The Inspector shall confirm that the approval date for the completion materials has been updated in the DMLR Enforcement System.

Sections 3

Qualified Gas Detection Certification RequirementsDoc ID: DM-C-QGD

Original: 234 words
Condensed: 177 words
Reduction: 24.4%

DIVISION OF MINES

BOARD OF COAL MINING EXAMINERS

CERTIFICATION REQUIREMENTS

QUALIFIED GAS DETECTION

Article 3 of the Coal Mine Safety Laws of Virginia establishes requirements for certification of coal mine workers. The certification requirements are included in §45.1-161.24 through §45.1-161.41 in which the Board of Coal Mining Examiners is established for the purpose of administering the certification program. The Board has promulgated certification regulations 4 VAC 25-20 (VR 480-04-2), which set the minimum standards and procedures required for Virginia coal miner examinations and certifications.

CERTIFICATION CLASSIFICATION: Qualified Gas Detection This certification authorizes the holder to: Perform tests for methane gas as required by §45.161-231B and by similar provisions of Title 30 CFR for underground and surface areas of coal mines.

APPLICATION/EXPERIENCE REQUIREMENTS: Application (BCME-1) Demonstrate knowledge of mine gases and the ability to detect methane with an approved methane detector. This training session and demonstration is conducted by a DM representative.

A pass/fail grade is given by the DM observer This training may be received during scheduled examination dates at the DM Big Stone Gap Office or the Keen Mountain Field Office.

RECOMMENDED REFERENCE/STUDY MATERIALS: Coal Mine Safety Laws of Virginia Gas Detection Handbook Mine Gases Packet Title 30 CFR Part 75, 77

The above mentioned study materials are available at the Department of Mines, Minerals and Energy’s Big Stone Gap Office, Customer Assistance Center (276) 523-8233 and Keen Mountain Field Office (276) 498-4533.

Unpermitted and Abandoned Mine Site ReclamationDoc ID: DMLR-P-2103

Original: 1,553 words
Condensed: 1,259 words
Reduction: 18.9%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.03

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Unpermitted/Exempted Sites Section Reclamation Services /AML Last Revised 3-12-97

OBJECTIVE AND INTENT:

To ensure unpermitted, exempted, or abandoned coal mining sites are promptly identified and investigated by DMLR personnel.

GENERAL:

DMLR field personnel must be on the constant lookout for unpermitted coal mining operations or abandoned coal-mining sites, which may be subject to the agency's jurisdiction. Abandoned mine sites should be noted on the supervisor report/spreadsheet of potential AML site projects. While traveling through his or her assigned geographic area, the employee should be ever alert to identify these types of sites for potential agency action.

Right of Entry (Coal Regulatory Program) -

45.1-244A(3) of the Act allows the Director or any of his authorized representatives to enter upon and investigate any coal surface mining operation without a search warrant. The authorized representative has the right to enter any and all operations as long as there is probable cause that mining may be occurring. However, entry into a building shall be conducted only upon the consent of the permittee or by search warrant.

To determine whether to obtain a search warrant, the authorized representative should contact the first line supervisor (or the Reclamation Services Manager, if the supervisor is unavailable). If the situation requires a warrant, the Reclamation Services Manager shall promptly authorize the Field Inspector to obtain such from the proper legal authority.

Right-of-Entry (Abandoned Mined Land Program) -

45.1-263 of the Act and Part 4 VAC 25-130-877, 4 VAC 25-130-877.13 and 4 VAC 25-130-877.14 provide the Division’s personnel the authority to enter (for the purposes of reclamation) upon abandoned mined land affected by coal mining. The statute and regulations delineate the procedures for entry upon property for study, exploratory work, and normal and emergency reclamation.

In an emergency, entry is authorized without landowner consent - The AML Manager must ensure that a finding of fact is made substantiating that an emergency exists. The finding shall explain how the situation constitutes a danger to the public health, safety, or general welfare and whether any other person or agency is present to expeditiously abate the problem.

In non-emergency situations - Where landowners consent is not given, or the landowner is not known, entry may be exercised after the procedures set forth under 4 VAC 25-130-877.13(b) and (c) are followed.

COAL REGULATORY PROGRAM

Conducting Site Investigations:

Upon finding a suspected coal related disturbance, the employee will immediately notify the Reclamation Services’ Office Services Specialist, who will assign a tracking number and promptly notify the Division of Mines (or any other appropriate Division) of the operation. The interdivision notification will describe the minesite location, the suspected operator’s name, if known, and the DMLR’s Field Inspector’s name and phone number. 1

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.03

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Unpermitted/Exempted Sites Section Reclamation Services /AML Last Revised 3-12-97 The Field Inspector should immediately (not later than the next working day) exchange information with the Division of Mines or Gas and Oil inspector, and determine whether a joint on-site investigation is needed.

Upon reaching the unpermitted site, the Inspector shall present credentials to the operator or person(s) participating in work at the site. If denied the right of entry, the employee will contact the supervisor or the Reclamation Services Manager.

The Supervisor or Reclamation Services Manager shall decide the course of action to take (e.g. seeking assistance of State Police to accompany the Inspector; initiating civil or criminal action against the operator; or determining that no further action is needed). The decision shall be promptly relayed to the Inspector.

These same procedures will be used on subsequent visits, should the employee be denied the right-of-entry.

When conducting the investigation, the Inspector should:

  • explain the reason(s) for being at the site, as well as the duty of an authorized representative to inspect the site.
  • advise the operator or person (who is preventing access) of the permitting requirements, exemptions available under state and federal law, and the consequences for refusing to grant access:
  1. a civil penalty of up to $5,000 per day per violation (45.1-246B), or
  1. a criminal penalty of up to $10,000 or one year in jail, or both, per violation (45.1-246E).

If the employee is impeded in conducting the investigation, the operator or person should be advised of the consequences of such action (potential fine of $5,000, one year imprisonment, or both - 45.1-257 of the Act; also see Procedure #1.2.01).

Should a confrontation be anticipated, other Division personnel shall accompany the employee.

If a confrontation occurs, the Division’s employee(s) should leave the site in a professional manner and contact the Supervisor with the facts concerning the situation.

In a potential life-threatening situation or where departure from the site is not possible, the Big Stone Gap office should be immediately contacted by radio so appropriate authorities may be summoned.

Jurisdiction Determination:

Should the mining or removal of coal be occurring at the site, a determination must be made as to whether the operation is exempt or non-exempt from Chapter 19 standards. The regulatory definition of “affected area” (45.1-229 and 45.1-253 of the Act, and 4 VAC 25-130-700.5 and 4 VAC 25-130-700.11(a) of the regulations) must be reviewed by the Inspector to determine if the Division has jurisdiction over the operation.

If the extraction of coal is incidental to the extraction of other minerals, refer to 45.1-229 of the Act and Procedure #2.1.04. 2

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.03

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Unpermitted/Exempted Sites Section Reclamation Services /AML Last Revised 3-12-97 A site is considered exempt if the extraction of coal is:

  • an incidental part of a government-financed project. The criteria of 4 VAC 25-130-707.11 and 4 VAC 25-130-707.12 must be met. (also see Procedures #2.1.06 and 4.1.04)
  • by a landowner for his own non-commercial use from land owned or leased by him. The criteria of 4 VAC 25-130-700.11(a)(1) must be met.

Should the site be determined “non-exempt”, the following types of information should be gathered by the Inspector or Supervisor, where practical, and without causing undue delays:

a) When initial overburden is disturbed, be able to show that the intent of the operator is to commercially market the coal (such as contracts for sale, DM licenses, MSHA ID number, operators name, surface owners, mineral owner, any lease agreements, equipment used with its ID number, financial agreements on equipment sales, location of relative coal seams or identification of mineral). This information will be compiled by the Inspector or Supervisor with recommendations made to the Reclamation Services Manager. The Reclamation Services Manager will determine the type of enforcement action that will be pursued.

b) When coal has been removed, the same information as listed in Item (a) should be gathered with the addition of an estimation of tonnage removed from the area, thickness of coal seam, whether coal is stockpiled on the site or removed from the site, and if any other operations are in the area. Analysis of the coal would be helpful as well.

c) When coal/mineral has been sold, the same information as listed in items (a) and (b) above; with the inclusion of photographs (see Procedure #3.1.05) of coal or mineral being loaded and then dumped at a dock, etc., any dock records such as weight sheets, payment for coal (i.e. canceled checks), names of truck drivers, etc., is required.

The Inspector shall update the file and perform inspections concerning the site at least quarterly, or as needed, until coal related activities have ceased and the area is properly reclaimed.

Surveillance of Site:

When conducting surveillance or investigations during non-routine business hours, two DMLR employees must be present. A third person shall check on the employees at previously agreed intervals (such as every hour).

The first line supervisor responsible for the geographic area where the disturbance is located shall select the employees. The selection should be based on each of the employees workload, familiarity with the area involved, and the knowledge of surveillance and investigation procedures.

Backup planning must be conducted and communicated to all involved prior to the surveillance or investigation.

The Supervisor may request assistance from other Division and Department employees. The Supervisor shall plan for effective communications to ensure the participants are not placed in a perilous situation (i.e. notification of when the surveillance begins, checking in during the surveillance, and notification when the surveillance ends). 3

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 1.03

PROCEDURES MANUAL ISSUE DATE April 17, 2006 SUBJECT Unpermitted/Exempted Sites Section Reclamation Services /AML Last Revised 3-12-97 The Reclamation Services Manager or Division Director must be notified the next working day after the surveillance is completed.

Compensatory leave may be earned according to DMME Personnel Policy when work is performed beyond the regularly scheduled workday hours.

DMME vehicles will be used during surveillance unless prior approval to use other State owned vehicles is obtained from the appropriate authorities. Due to liability involved, personal vehicles shall not be used when conducting surveillance and investigations.

If the investigation reveals illegal coal mining activity, the Inspector, after consulting with the Supervisor and Reclamation Services Manager, shall immediately decide as to what enforcement action(s), if any, will be initiated to bring the site into compliance with the Act. 4

Virginia Coal Mine Inspection ProceduresDoc ID: DM-P-10404

Original: 1,508 words
Condensed: 1,349 words
Reduction: 10.5%

DIVISION OF MINES

CHAPTER: IV Inspections

PROCEDURES MANUAL

PROCEDURE NO: 1.04.04

ISSUE DATE: January 1, 1997 SUBJECT: Regular Inspections

LAST REVISED: 10/00;08/05;07/07

OBJECTIVE AND INTENT

To provide regular complete inspections of coal mines to enforce compliance with the Mine Safety Act and improve the health and safety conditions and practices in Virginia’s coal mines.

GENERAL

1. REQUIREMENT FOR REGULAR INSPECTIONS

 Inspections must be completed as prescribed by the Coal Mine Safety Laws of Virginia, 45.1-161.81, rules and regulations, and guidelines. An inspection of every underground coal mine must be completed not less frequently than every 180 days. Each surface coal mine must be inspected not less frequently than once per year. More frequent regular inspections of coal mines may be scheduled based on risk assessment. An inspection report/comment sheet must be completed for each regular inspection.

2. SCHEDULING INITIAL REGULAR INSPECTION

 Upon receipt of notification of the opening of a new mine, the inspector will visit the mine within five work days to verify the status of the mine. (See 5-Day Spot Inspection Guidelines)

 The inspector will inform the operator/representative of the requirements of the Coal Mine Safety Laws of Virginia, rules and regulations, and all required plans.

 After the operator has been informed of the requirements of the law, or after completion of the reopening inspection, a regular inspection will be initiated within 30 calendar days at underground mines and within 90 calendar days at a surface mine.

 Should the 30 day period carry into another inspection period, the mine will be considered inspected for the purposes of mandated 180 day inspections.

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PROCEDURE

1. REGULAR INSPECTION CHECKLIST

 Surface Areas of Underground Mines

a. Mine examination record books b. Mine map/verify through DM system c. Certifications/verify through DM system d. Mine fan e. Mine license f. *EMT and first aid equipment g. *Housekeeping h. Lightning arrestors i. *Flammable or combustible materials j. Lamp house and lamps k. Stairways, platforms, runways, floors l. Other conditions m. *Shop and other equipment n. *Electrical (1) Overhead high-potential power lines (2) Transformers (3) Battery-charging station, substations (4) Grounding (5) Circuit Breakers and switches (6) *Communication system; lightning arrestors (7) Signal wires (8) Inspection of electrical equipment o. *Explosive magazine p. Plans; Roof Control, Emergency Response, Shooting From Solid, Bleeder, Ground Control, Smoker’s Search, Fan Stoppage (Intentional and Unintentional), Rescue and Recovery, Sealing, Mine Rescue Contract of Services/verified through DM system. q. Check-in/check-out system r. Sufficient quantity of safety materials and supplies s. *Personal protective equipment t. *Communication facilities u. Hoisting v. Required postings

  • Applies to both surface (where applicable) and underground

2-7  Underground

a. Roof, Face and Ribs. During the underground inspection, the following items or conditions relating to roof, face and ribs should be inspected or checked: (1) Roof Control Plan requirements (a) Roof/rib conditions (b) Bolt torque (c) Spacing of bolts (d) Width of places (e) Sound and vibration test of roof (f) Safety posts or jacks (g) Brows (h) Loose ribs (i) Bar for dislodging loose roof (j) Torque wrench (k) Adequate supply of roof support material (l) ATRS/certifications/approval (m) Are roof examinations being made? (n) Are installed roof bolts being tested? (2) Two forty ton jacks or the equivalent (3) Are unintentional roof falls reported? (4) Pillaring (5) Timbering b. Explosives And Blasting. During the inspection, the following items or conditions should be inspected or checked related to explosives and blasting: (1) Storage magazines (2) Transportation of explosives (3) Proper storage (4) Permissible explosives (5) Permissible shot firing units (6) Proper blasting practices (7) Are gas tests made? (8) Solid shooting permits (9) Blasting cables c. Ventilation And Mine Gases. During the inspection, the following items or conditions should be inspected or checked relating to ventilation and mine gases: (1) 45.1-161.216 C. 3. Multiple main mine fans provided with automatic doors to prevent air reversal.

3-7 (2) Auxiliary fans (3) Volume of air passing last open crosscut (Not less than 9,000 cfm) (4) Adequate volume and velocity (5) Records of air measurements (6) Bleeders, bleeder plan compliance and seals (7) Seals. Record of required CH4 test outby last seal in a set of seals (8) Air courses (two or more entries) (9) Battery-charging stations, substations, pumps, compressors, vented by separate split of air to main return (10) 70 men limit on same air split (11) Each section ventilated by separate split of air (12) Air quality (13) Breakthrough and stoppings: (a) Breakthroughs are closed, except the one nearest the face (b) Entries and rooms shall not be started off an entry beyond the last open breakthrough (c) Permanent stoppings (d) Man-doors every fifth crosscut (14) Airlocks, overcast, undercast and doors (15) Line brattices (16) Abandoned workings (17) Monthly calibration of methane detectors/indicators (18) Are gas tests being made? (19) Coal dust control and accumulations (20) Rockdust d. Transportation. During the inspection, the following items or conditions should be inspected or checked relating to transportation: (1) Hoisting equipment and procedures (2) Haulage road and truck (3) Clearance on track haulage road (4) Conveyor belt crossings (5) Haulage equipment (a) Condition (b) Seating facilities (c) Safety devices (d) Safety practices (6) Transportation of employees (a) Mantrips (b) Belt transportation (7) Safe transportation facilities for injured persons (8) Record of weekly inspection of transportation equipment

4-7 e. Electricity. During the inspection, the following items or conditions should be inspected or checked relating to electricity: (1) Transformers (2) Battery charging stations, substations, etc. (3) Power circuits, trolley wires, and feeders (4) Grounding (5) Circuit breakers and switches (6) Communication system (7) Electric equipment (8) Trailing cables (9) Records of equipment checks (10) Methane monitors/calibration test and proper testing methods. (11) Illumination (12) Portable illumination (cap lamps) (13) Permissibility must be checked at all mines f. Mechanical Equipment. During the inspection, the following items or conditions must be inspected or checked relating to mechanical equipment: (1) Face equipment (2) Shop and other equipment (3) Hydraulic hoses (4) Guards g. Fire Prevention. During the inspection, the following items or conditions should be inspected or checked relating to fire prevention: (1) Fire fighting equipment (2) Fire extinguishers location/examination (3) Emergency Response Plan compliance (4) Storage of flammable materials (5) Equipment move records (6) Diesel equipment (rules and regulations) (7) Mine map (8) Oil and gas wells penetrating the coal bed (9) Approaching abandoned workings (10) Mine outlets (50 ft. solid strata) (11) Mine openings and escapeways (12) Smoking materials, cutting, and welding (13) Required postings h. Apply all other applicable rules and regulations adopted by the Division of Mines. Include job observations, safety contacts, safety meetings.

 Surface, Strip, and Auger. During the inspection of strip and auger operations, the following items or conditions should be checked or inspected:

5-7 a. General (1) Review mine information available relevant to maps, certification, accidents, violations, etc. (2) Applicable map requirements; i.e., intersecting old works, auger holes, etc. (3) Mine license (4) Certifications (5) First aid equipment (6) Mine records (7) Blasting log (where applicable) (8) Housekeeping (9) Natural gas pipelines. 45.1-161.256 E b. Personal Protective Equipment (1) Safety shoes (2) Safety hats (3) Safety glasses (where required) c. Ground Control (1) Approved Ground Control Plan (2) Condition of highwall (3) Loose material, cracks, overhangs d. Haulage Roads (1) Condition of road/berm (2) Slides (3) Proximity to highwalls (4) Breaks in road (5) Traffic controls e. Mobile Equipment (1) Brakes (2) Lights (3) Condition of windows (4) Back up alarms (5) Fire extinguishers (6) Guards on fans (7) Ladders, or other means of entering and leaving equipment (8) Procedures for changing shifts in relation to equipment parking, location, hazards associated with f. Explosives (1) Certified Blasters (2) Storage, use, and handling (3) Compliance with rules and regulations governing blasting in surface mining operations. (4) Blasting practices (5) Required postings 6-7 g. Flammable or Combustible Materials (1) Storage (2) “No Smoking” signs (3) Compressed gas cylinders h. Fire Prevention (1) Fire extinguisher - location/examinations of (2) “No Smoking” signs (3) Fuel storage (4) Compliance with 45.1-161.200 E (5) Minimum fire fighting equipment. 45.1-161-200 A-F i. Auger Equipment (1) Shields (2) Guards (3) Gears (4) Sprockets (5) Pulleys (6) Fan Blades (7) Friction devices (8) Coupling

4. REGULAR INSPECTION REPORTING

 The inspector will render a certificate of inspection and deliver one copy to the operator, agent, or mine foreman; one copy to the employees’ safety committee; and one copy shall be posted at a prominent place on the premises where it can be read conveniently by the miners.

 The report will consist of a computer generated inspection report (DM-CM-3S), Notices of Violation/Orders, *Risk Assessment, and Diesel Equipment Data Form (DM-DE-01-S or DM-DE-02-S) when applicable. *Risk assessment conducted and reviewed with operator/agent during Regular/Spot inspection.

 Inspection reports will be uploaded to the DM Enforcement System daily/weekly when inspections commence and as the inspection progresses along with daily/weekly itinerary activity entries. The report will be consistent with the Coal Mine Safety Laws of Virginia, Section 45.1-161.89 A, B, and C; rules and regulations; and inspection guidelines.

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Guidelines for Mine Technical SpecialistsDoc ID: DM-G-16123

Original: 231 words
Condensed: 231 words
Reduction: 0.0%

DIVISION OF MINES GUIDELINES FOR APPLICATION OF REGULATORY STANDARDS

MANUAL

COAL MINE SAFETY ACT

CHAPTER 14.2

ARTICLE 2

CHIEF, DIRECTOR AND MINE INSPECTORS Issue Date: 4/10/00 Revised Date: Page 1 of 1 Section 45.1-161.23.

Technical Specialist

The Director appoints technical specialists who have the qualifications of mine inspectors plus specialized technical competence in areas of roof control, electricity, ventilation and other mine specialties. Technical specialists are not assigned regular inspection activities at mining operations. Their duties and responsibilities are focused toward advising and assisting other Department personnel and mining operators and their employees. Also, their knowledge, skills and abilities are employed during emergency response activities and for training of personnel in subjects related to their area of expertise.

Technical specialists are expected to provide assistance to mine operators in complying with state and federal mining laws, rules and regulations, and should address with the operator or his agent deficiencies in mine compliance when observed during mine site visits. Technical specialists are required to issue a closure order in cases of an identified imminent danger, and should promptly communicate such an occurrence to the inspector supervisor responsible for the mine.

Technical specialists are expected to work closely with MSHA, DGO, DMLR, DMM and other agencies in assisting within their areas of expertise. Their work schedules and activities require diverse and flexible scheduling and efforts, which differ from that of the mine inspector.

Work Hours and Vehicle Use GuidelinesDoc ID: DMLR-P-1203

Original: 318 words
Condensed: 236 words
Reduction: 25.8%

DIVISION OF MINED LAND RECLAMATION

PROCEDURE NO.

  1. 2.03

PROCEDURES MANUAL ISSUE DATE March 8, 2013 SUBJECT Work Hours and Reporting Section Reclamation Services Last Revised 4/17/06

OBJECTIVE AND INTENT:

To ensure field personnel assigned State vehicles are aware of, and comply with, their approved daily work schedules.

GENERAL:

This procedure applies to each salaried Division field employee who works 40 hours per week and has a permanently assigned vehicle.

The normal operational hours for field staff are from 8:00 a.m. to 5:00 p.m. (with 1 hour allocated for lunch) Monday through Friday. An inspector may be approved to work an alternate work schedule consistent with DMME and State guidelines.

Each field employee is assigned inspectable units and AML projects to oversee, and also investigates citizen complaints during the employee’s work schedule/business hours. Situations may arise that require an extended day to address such items as citizen’s complaints, AML emergencies that may threaten the health and safety of the public, etc. Since each field employee is assigned a permanent vehicle and approved parking location (per DMME Procedure #300.3), the employee must begin and end his/her work day at the approved parking location.

PROCEDURES:

Each field employee is required to adhere to his or her approved work schedule by reporting to work at his/her approved parking location no later than the specified starting time, departing the parking location no earlier than the specified ending time, and taking lunch periods and breaks as authorized by his/her supervisor.

The field employee shall take the necessary time each day, including an approved extension of the work day, to provide quality customer service per DMME values.

Each field employee shall notify (oral conversation, email, or phone) his/her appropriate DMLR Supervisor or the DMLR office in Big Stone Gap office to obtain approval of non-routine work schedule changes and travel outside of his or her currently assigned work area in accordance with Procedure 3.1.04. 1

Virginia Coal Mine Safety Law UpdatesDoc ID: DM-M-07-03

Original: 642 words
Condensed: 318 words
Reduction: 50.5%

DIVISIONS

ENERGY

GAS AND OIL

GEORGE P. WILLIS

MINED LAND RECLAMATION

ACTING DIRECTOR

MINERAL MINING

MINERAL RESOURCES

MINES

ADMINISTRATION

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NIIA A Department of Mines, Minerals and Energy P.O. Drawer 900 Big Stone Gap, Virginia 24219-0900 (276) 523-8100

FAX (276) 523-8148

MEMORANDUM DM 07-03 TO: All Coal Mine Operators FROM: Frank A. Linkous Frank A. Linkous, Chief Division of Mines SUBJECT: Approved Senate Bill 1091 DATE: June 25, 2007 Governor Timothy M. Kaine signed Senate Bill 1091 on April 11, 2007, enacting several changes to the Coal Mine Safety Laws of Virginia related to miner certification and mine safety.

These changes will become effective July 1, 2007. This memorandum concerns the implementation of those portions of the law relating to substance abuse control in coal mining.

The Department of Mines, Minerals and Energy (DMME) has worked with the Virginia Coal Mine Safety Board and Board of Coal Mining Examiners (BCME) to plan for the implementation of these new standards. DMME staff have planned and organized for the needed administrative controls, training and other resources sufficient to prepare and equip Division of Mines (DM) and BCME personnel to carry out the mandates of the new law.

Beginning the week of June 18, 2007, DM field personnel started meetings with licensed coal mining operations to review law changes.

Inspectors and specialists are coordinating with mine operators to meet with all miners on all shifts. During these meetings, copies of the amended portion of the law are distributed and reviewed with each miner. Also, other information related to substance abuse sample collection and testing, and frequently asked questions and answers on these issues are provided to each miner. It is the intent of DMME to make every affected miner fully aware of the new substance abuse control standards for coal miners working in Virginia!

EQUAL OPPORTUNITY EMPLOYER TDD (800) 828-1120 --- Virginia Relay Center Further, DM personnel are assisting mine operators with requirements for written substance abuse policy and program standards by making available generic plans, and providing other assistance as needed for meeting sampling, testing and reporting requirements imposed by the new law. Copies of required forms for reporting positive screening results and other violations of the mine substance abuse policy and program are also being provided at each mine.

Lists of certified drug sampling providers and testing labs are being compiled and will be provided to all operators upon completion.

The DMME recognizes the personal implications of the new substance abuse standards for miners and operators. Suspension of a miner’s certification is a serious personal issue. Therefore, it is important that individual rights and confidentiality be carefully considered and protected. The DMME and BCME are committed to administrative principles and practices that will ensure protection of individual rights and confidentiality for miners in issues related to substance abuse control under the new law.

Many questions have arisen related to the new substance abuse control standards and their implementation by DMME. Every effort is being made to provide prompt responses to enable operators and miners to understand and comply with the new law. By July 15, 2007, a follow-up operator’s bulletin will be distributed which will include a compiled list of questions and answers resulting from the mine briefings and other contacts. Further, two open industry briefings are tentatively planned for late September or early October jointly with the Virginia Coal Association to address these and other issues related to new state and federal coal mining laws. DMME and the BCME will work with mine operators and miners to implement and achieve compliance with the new substance abuse control standards, taking into consideration the short time frame available for establishing new or amended policies and programs.

Additional information and resources may be found at the DMME and DM website at http://www.dmme.virginia.gov.

Executive Summary

The enhanced compliance analysis of Department of Education guidance documents has achieved an overall reduction of 16.8% across 344 documents.