                                 CODE OF VIRGINIA

 DAMS AND MINE REFUSE PILES; CONSTRUCTION (§ 45.2-1301)

A. Any water-retaining or silt-retaining dam or mine refuse pile or modification
of an existing water-retaining or silt-retaining dam or mine refuse pile shall
be designed and constructed by or under the direction of a qualified engineer if
such dam or pile is designed to impound water or silt to a height of (i) five
feet or more above the lowest natural ground level within the impounded area and
has a storage volume of 50 acre-feet or more or (ii) 20 feet or more, regardless
of storage volume.

B. Designs, construction specifications, and other related data, including final
abandonment plans, for a water-retaining or silt-retaining dam or mine refuse
pile shall be approved and certified by the qualified engineer as specified in
subsection A and by the licensed operator or his agent.

C. The designs, construction specifications, and other related data approved and
certified in accordance with subsection B shall be submitted for approval to the
Director. If the Director approves the submittal, he shall notify the licensed
operator in writing. If the Director disapproves the submittal, he shall notify
the licensed operator with his written objections and required amendments. The
Director shall approve or disapprove the submittal within 30 days following
receipt thereof.

HISTORY: 1997, c. 390, § 45.1-225.1; 1998, c. 695; 2021, Sp. Sess. I, c. 387.