                                 CODE OF VIRGINIA

 MINING IN PROXIMITY TO AN ABANDONED AREA (§ 45.2-708)

A. 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 &#xA7; 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. 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.

C. 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.

D. 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.

E. 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. &#xA7; 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. 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.

G. The provisions of this section shall not apply to a gas well, coalbed methane
well, or vertical ventilation hole.

HISTORY: Code 1950, § 45-38; 1954, c. 191; 1966, c. 594, § 45.1-93; 1979, c.
56; 1994, c. 28, § 45.1-161.122; 1996, c. 774; 2005, c. 3; 2011, cc. 826, 862;
2021, Sp. Sess. I, c. 387.