{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-708.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-708.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-708.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-708.html"}],"law_id":71044,"edition_id":1,"section_id":71044,"structure_id":16489,"section_number":"45.2-708","catch_line":" Mining in proximity to an abandoned area","history":"Code 1950, \u00a7 45-38; 1954, c. 191; 1966, c. 594, \u00a7 45.1-93; 1979, c. 56; 1994, c. 28, \u00a7 45.1-161.122; 1996, c. 774; 2005, c. 3; 2011, cc. 826, 862; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe mine foreman shall ensure that boreholes are drilled in each advancing working place that is (i) within 50 feet of an abandoned area in the mine as shown by a survey made and certified by a registered engineer or surveyor, (ii) within 200 feet of an abandoned area in the mine that has not been certified as surveyed, or (iii) within 200 feet of any mine workings of an adjacent mine located in the same coal bed unless the adjacent area of the mine has been pre-shift examined pursuant to § 45.2-826. Each borehole shall be at least 20 feet in depth, shall always be maintained not less than 10 feet in advance of the face, and shall be not more than eight feet from an adjacent borehole unless approved by the Chief. One borehole shall also be drilled for each cut on any side of the active workings that is being driven toward and in proximity to an abandoned mine or part of a mine that might contain explosive or hazardous gas or that is filled with water.B\n\nSufficient holes shall be drilled through to accurately determine whether hazardous quantities of methane, carbon dioxide, or other gases or water are present in an abandoned area. Materials shall be available to plug such holes to prevent an inundation of hazardous quantities of gases or water if detected.C\n\nMining shall not advance into any abandoned area penetrated by a borehole drilled in accordance with subsection A until a plan has been submitted and approved by the Chief. The plan shall include at a minimum (i) procedures for testing the atmosphere at the back of any borehole drilled into the abandoned area; (ii) the method of ventilation, the ventilation controls, and the air quantities and velocities in the affected working section and working place; (iii) procedures for penetrating an abandoned area when hazardous quantities of methane, carbon dioxide, or other hazardous gases cannot be removed; (iv) dewatering procedures to be used if a penetrated area contains hazardous water accumulation; and (v) procedures and precautions to be followed during a penetration operation. A copy of the plan shall be made available near the site of the penetration operation and the operator shall review the plan with all miners involved in the operation. Failure to comply with the approved plan shall constitute a violation of this section.D\n\nAny operator, agent of such operator, mine foreman, or miner engaged in drilling or mining into an inaccessible abandoned area shall have upon his person a self-contained self-rescuer.E\n\nWhenever a mine or section of a mine advances under any body of water that is sufficiently large or in close proximity as to constitute a hazard to miners, the operator shall submit to the Chief a plan meeting the requirements of 30 C.F.R. § 75.1716. The operator shall obtain approval from the Chief for the submitted plan prior to advancing the mine or any section of the mine under the body of water.F\n\nPrior to penetrating any portion of an active mine with a borehole, ventilation hole, or other hole drilled from the surface or from an overlying or underlying mine, or prior to drilling into any portion of the same active mine, the operator shall submit a plan to the Chief addressing (i) the purpose of the hole, (ii) information about any abandoned mine that the hole might penetrate, (iii) procedures for withdrawing or limiting the number of miners from the mine or affected area during penetration, (iv) casing details and procedures for preventing water inflow and air transfer from the hole into the active mine, (v) procedures for grouting or sealing the hole when it is no longer used, and (vi) such other information as the Chief may require. The drilling of such hole shall not begin until the plan is approved by the Chief.G\n\nThe provisions of this section shall not apply to a gas well, coalbed methane well, or vertical ventilation hole.","order_by":null,"text":{"0":{"id":256124,"text":"The mine foreman shall ensure that boreholes are drilled in each advancing working place that is (i) within 50 feet of an abandoned area in the mine as shown by a survey made and certified by a registered engineer or surveyor, (ii) within 200 feet of an abandoned area in the mine that has not been certified as surveyed, or (iii) within 200 feet of any mine workings of an adjacent mine located in the same coal bed unless the adjacent area of the mine has been pre-shift examined pursuant to § 45.2-826. Each borehole shall be at least 20 feet in depth, shall always be maintained not less than 10 feet in advance of the face, and shall be not more than eight feet from an adjacent borehole unless approved by the Chief. One borehole shall also be drilled for each cut on any side of the active workings that is being driven toward and in proximity to an abandoned mine or part of a mine that might contain explosive or hazardous gas or that is filled with water.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256125,"text":"Sufficient holes shall be drilled through to accurately determine whether hazardous quantities of methane, carbon dioxide, or other gases or water are present in an abandoned area. Materials shall be available to plug such holes to prevent an inundation of hazardous quantities of gases or water if detected.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256126,"text":"Mining shall not advance into any abandoned area penetrated by a borehole drilled in accordance with subsection A until a plan has been submitted and approved by the Chief. The plan shall include at a minimum (i) procedures for testing the atmosphere at the back of any borehole drilled into the abandoned area; (ii) the method of ventilation, the ventilation controls, and the air quantities and velocities in the affected working section and working place; (iii) procedures for penetrating an abandoned area when hazardous quantities of methane, carbon dioxide, or other hazardous gases cannot be removed; (iv) dewatering procedures to be used if a penetrated area contains hazardous water accumulation; and (v) procedures and precautions to be followed during a penetration operation. A copy of the plan shall be made available near the site of the penetration operation and the operator shall review the plan with all miners involved in the operation. Failure to comply with the approved plan shall constitute a violation of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":256127,"text":"Any operator, agent of such operator, mine foreman, or miner engaged in drilling or mining into an inaccessible abandoned area shall have upon his person a self-contained self-rescuer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":256128,"text":"Whenever a mine or section of a mine advances under any body of water that is sufficiently large or in close proximity as to constitute a hazard to miners, the operator shall submit to the Chief a plan meeting the requirements of 30 C.F.R. § 75.1716. The operator shall obtain approval from the Chief for the submitted plan prior to advancing the mine or any section of the mine under the body of water.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":256129,"text":"Prior to penetrating any portion of an active mine with a borehole, ventilation hole, or other hole drilled from the surface or from an overlying or underlying mine, or prior to drilling into any portion of the same active mine, the operator shall submit a plan to the Chief addressing (i) the purpose of the hole, (ii) information about any abandoned mine that the hole might penetrate, (iii) procedures for withdrawing or limiting the number of miners from the mine or affected area during penetration, (iv) casing details and procedures for preventing water inflow and air transfer from the hole into the active mine, (v) procedures for grouting or sealing the hole when it is no longer used, and (vi) such other information as the Chief may require. The drilling of such hole shall not begin until the plan is approved by the Chief.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":256130,"text":"The provisions of this section shall not apply to a gas well, coalbed methane well, or vertical ventilation hole.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":16489,"edition_id":1,"name":"Proximity of Mining to Gas or Oil Wells or Abandoned Areas","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":12987,"metadata":{},"date_created":"2026-06-26 04:20:52","date_modified":"2026-06-26 04:20:52","permalink":{"id":223131,"object_type":"structure","relational_id":16489,"identifier":"3","token":"45.2\/II\/B\/7\/3","url":"\/45.2\/II\/B\/7\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12987,"edition_id":1,"name":"Requirements Applicable to Underground Coal Mines; Mine Construction","identifier":"7","label":"chapter","depth":4,"order_by":1,"parent_id":12986,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":223097,"object_type":"structure","relational_id":12987,"identifier":"7","token":"45.2\/II\/B\/7","url":"\/45.2\/II\/B\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12986,"edition_id":1,"name":"Underground Coal Mines","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":223095,"object_type":"structure","relational_id":12986,"identifier":"B","token":"45.2\/II\/B","url":"\/45.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69703,"structure_id":16489,"section_number":"45.2-707","catch_line":" Mining in proximity to gas or oil wells","url":"\/45.2-707\/","token":"45.2\/II\/B\/7\/3\/45.2-707","metadata":false},{"id":71044,"structure_id":16489,"section_number":"45.2-708","catch_line":" Mining in proximity to an abandoned area","url":"\/45.2-708\/","token":"45.2\/II\/B\/7\/3\/45.2-708","metadata":false}],"previous_section":{"id":69703,"structure_id":16489,"section_number":"45.2-707","catch_line":" Mining in proximity to gas or oil wells","url":"\/45.2-707\/","token":"45.2\/II\/B\/7\/3\/45.2-707","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-708\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 191; in 1966, chapter 594; in 1979, chapter 56; in 1994, chapter 28<\/a>; in 1996, chapter 774<\/a>; in 2005, chapter 3<\/a>; in 2011, chapters 826<\/a> and 862<\/a>.<\/p>","references":false,"refers_to":[{"id":61647,"section_number":"45.2-826","catch_line":" Pre-shift examinations","order_by":null,"url":"\/45.2-826\/"}],"permalink":{"id":223137,"object_type":"law","relational_id":71044,"identifier":"45.2-708","token":"45.2\/II\/B\/7\/3\/45.2-708","url":"\/45.2-708\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-708\/","token":"45.2\/II\/B\/7\/3\/45.2-708","dublin_core":{"Title":" Mining in proximity to an abandoned area","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-708","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The mine foreman<\/span> shall ensure that boreholes are drilled in each advancing working place that is (i) within 50 feet of an abandoned area in the mine as shown by a survey made and certified by a registered engineer or surveyor, (ii) within 200 feet of an abandoned area in the mine that has not been certified as surveyed, or (iii) within 200 feet of any mine workings of an adjacent mine located in the same coal bed unless the adjacent area of the mine has been pre-shift examined pursuant to § 45.2-826<\/a>. Each borehole shall be at least 20 feet in depth, shall always be maintained not less than 10 feet in advance of the face, and shall be not more than eight feet from an adjacent borehole unless approved by the Chief<\/span>. One borehole shall also be drilled for each cut on any side of the active workings that is being driven toward and in proximity to an abandoned mine or part of a mine that might contain explosive or hazardous gas or that is filled with water. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Sufficient holes shall be drilled through to accurately determine whether hazardous quantities of methane, carbon dioxide, or other gases or water are present in an abandoned area. Materials<\/span> shall be available to plug such holes to prevent an inundation of hazardous quantities of gases or water if detected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Mining shall not advance into any abandoned area penetrated by a borehole drilled in accordance with subsection A until a plan has been submitted and approved by the Chief<\/span>. The plan shall include at a minimum (i) procedures for testing the atmosphere at the back of any borehole drilled into the abandoned area; (ii) the method of ventilation, the ventilation controls, and the air quantities and velocities in the affected working section and working place; (iii) procedures for penetrating an abandoned area when hazardous quantities of methane, carbon dioxide, or other hazardous gases cannot be removed; (iv) dewatering procedures to be used if a penetrated area contains hazardous water accumulation; and (v) procedures and precautions to be followed during a penetration operation. A copy of the plan shall be made available near the site of the penetration operation and the operator shall review the plan with all miners involved in the operation. Failure to comply with the approved plan shall constitute a violation of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any operator, agent of such operator, mine foreman<\/span>, or miner engaged in drilling or mining into an inaccessible abandoned area shall have upon his person a self-contained self-rescuer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Whenever a mine or section of a mine advances under any body of water that is sufficiently large or in close proximity as to constitute a hazard to miners, the operator shall submit to the Chief<\/span> a plan meeting the requirements of 30 C.F.R. § 75.1716. The operator shall obtain approval from the Chief<\/span> for the submitted plan prior to advancing the mine or any section of the mine under the body of water. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Prior to penetrating any portion of an active mine with a borehole, ventilation hole, or other hole drilled from the surface or from an overlying or underlying mine, or prior to drilling into any portion of the same active mine, the operator shall submit a plan to the Chief<\/span> addressing (i) the purpose of the hole, (ii) information about any abandoned mine that the hole might penetrate, (iii) procedures for withdrawing or limiting the number of miners from the mine or affected area during penetration, (iv) casing details and procedures for preventing water inflow and air transfer from the hole into the active mine, (v) procedures for grouting or sealing the hole when it is no longer used, and (vi) such other information as the Chief<\/span> may require. The drilling of such hole shall not begin until the plan is approved by the Chief<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of this section shall not apply to a gas well, coalbed methane well, or vertical ventilation hole. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n MINING IN PROXIMITY TO AN ABANDONED AREA (\u00a7 45.2-708)\n\nA. The mine foreman shall ensure that boreholes are drilled in each advancing\nworking place that is (i) within 50 feet of an abandoned area in the mine as\nshown by a survey made and certified by a registered engineer or surveyor, (ii)\nwithin 200 feet of an abandoned area in the mine that has not been certified as\nsurveyed, or (iii) within 200 feet of any mine workings of an adjacent mine\nlocated in the same coal bed unless the adjacent area of the mine has been\npre-shift examined pursuant to § 45.2-826. Each borehole shall be at least\n20 feet in depth, shall always be maintained not less than 10 feet in advance of\nthe face, and shall be not more than eight feet from an adjacent borehole unless\napproved by the Chief. One borehole shall also be drilled for each cut on any\nside of the active workings that is being driven toward and in proximity to an\nabandoned mine or part of a mine that might contain explosive or hazardous gas\nor that is filled with water.\n\nB. Sufficient holes shall be drilled through to accurately determine whether\nhazardous quantities of methane, carbon dioxide, or other gases or water are\npresent in an abandoned area. Materials shall be available to plug such holes to\nprevent an inundation of hazardous quantities of gases or water if detected.\n\nC. Mining shall not advance into any abandoned area penetrated by a borehole\ndrilled in accordance with subsection A until a plan has been submitted and\napproved by the Chief. The plan shall include at a minimum (i) procedures for\ntesting the atmosphere at the back of any borehole drilled into the abandoned\narea; (ii) the method of ventilation, the ventilation controls, and the air\nquantities and velocities in the affected working section and working place;\n(iii) procedures for penetrating an abandoned area when hazardous quantities of\nmethane, carbon dioxide, or other hazardous gases cannot be removed; (iv)\ndewatering procedures to be used if a penetrated area contains hazardous water\naccumulation; and (v) procedures and precautions to be followed during a\npenetration operation. A copy of the plan shall be made available near the site\nof the penetration operation and the operator shall review the plan with all\nminers involved in the operation. Failure to comply with the approved plan shall\nconstitute a violation of this section.\n\nD. Any operator, agent of such operator, mine foreman, or miner engaged in\ndrilling or mining into an inaccessible abandoned area shall have upon his\nperson a self-contained self-rescuer.\n\nE. Whenever a mine or section of a mine advances under any body of water that is\nsufficiently large or in close proximity as to constitute a hazard to miners,\nthe operator shall submit to the Chief a plan meeting the requirements of 30\nC.F.R. § 75.1716. The operator shall obtain approval from the Chief for the\nsubmitted plan prior to advancing the mine or any section of the mine under the\nbody of water.\n\nF. Prior to penetrating any portion of an active mine with a borehole,\nventilation hole, or other hole drilled from the surface or from an overlying or\nunderlying mine, or prior to drilling into any portion of the same active mine,\nthe operator shall submit a plan to the Chief addressing (i) the purpose of the\nhole, (ii) information about any abandoned mine that the hole might penetrate,\n(iii) procedures for withdrawing or limiting the number of miners from the mine\nor affected area during penetration, (iv) casing details and procedures for\npreventing water inflow and air transfer from the hole into the active mine, (v)\nprocedures for grouting or sealing the hole when it is no longer used, and (vi)\nsuch other information as the Chief may require. The drilling of such hole shall\nnot begin until the plan is approved by the Chief.\n\nG. The provisions of this section shall not apply to a gas well, coalbed methane\nwell, or vertical ventilation hole.\n\nHISTORY: Code 1950, \u00a7 45-38; 1954, c. 191; 1966, c. 594, \u00a7 45.1-93; 1979, c.\n56; 1994, c. 28, \u00a7 45.1-161.122; 1996, c. 774; 2005, c. 3; 2011, cc. 826, 862;\n2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}