                                 CODE OF VIRGINIA

 REPLACEMENT OF WATER SUPPLY (§ 45.2-1030)

A. The operator of any coal surface mining operation shall replace the water
supply of an owner of interest in real property who obtains all or part of such
owner&#8217;s supply of water for domestic, agricultural, industrial, or other
legitimate use from an underground or surface source where such supply has been
affected by contamination, diminution, or interruption proximately resulting
from such coal surface mining operation.

B. Every underground coal mining operation shall promptly replace any drinking,
domestic, or residential water supply from a well or spring that was in
existence prior to the application for a surface coal mining and reclamation
permit and that has been affected by contamination, diminution, or interruption
resulting from underground coal mining operations. Nothing in this subsection
shall be construed to prohibit or interrupt underground coal mining operations.

C. Each operator of an underground coal mine shall record the daily progress of
mining operations on one or more mine maps maintained at the mine site or in the
company office. Such map shall, at a minimum, include information on the daily
progress of mining operations and be maintained until the completion of the
mining. The operator shall provide such map to the Division upon completion of
mining and upon request of the Director.

D. If the Director has ordered replacement of a water supply under subsection B
and the operator subject to the order has failed to provide the required map in
accordance with subsection C, then the Director&#8217;s replacement order shall
not be overturned absent clear and convincing evidence to the contrary. Upon
conclusion of an investigation, if the Director does not order replacement under
the provisions of subsection B and reasonable access for a pre-mining survey was
denied, the Director&#8217;s determination shall not be overturned absent clear
and convincing evidence to the contrary.

HISTORY: 1979, c. 290, § 45.1-258; 1993, c. 582; 2021, Sp. Sess. I, c. 387.