                                 CODE OF VIRGINIA

 DESIGN AND CONSTRUCTION OF RETAINING DAM OR MINE REFUSE IMPOUNDMENT; DESIGNS
AND OTHER DATA TO BE SUBMITTED TO CHIEF (§ 45.2-618)

A. Any new retaining dam or mine refuse impoundment, or the modification of an
existing retaining dam or mine refuse impoundment, shall be designed and
constructed by or under the direction of a licensed professional engineer. Such
requirement shall only apply to a mine refuse impoundment if it is designed to
impound water, coal slurry, or silt (i) to an elevation of five feet or more
above the upstream toe of the structure and has a storage volume of 20 acre-feet
or more or (ii) to an elevation of 20 feet or more measured at the open channel
spillway or from the crest of the dam in a closed system, regardless of storage
volume. The design, construction specifications, and other related data,
including final abandonment plans for such retaining dam or mine refuse
impoundment, shall be certified by the licensed professional engineer.

B. No person shall place, construct, enlarge, alter, repair, remove, or abandon
any retaining dam or mine refuse impoundment until the operator has filed an
application for and received approval from the Chief for such construction or
modification. However, routine repairs that do not affect the engineering design
criteria or safety of an approved retaining dam or mine refuse impoundment are
not subject to such application and approval requirements.

HISTORY: 1974, c. 323, § 45.1-222; 1984, c. 590; 1999, c. 256; 2005, c. 3;
2021, Sp. Sess. I, c. 387.