CODE OF VIRGINIA

MINING IN PROXIMITY TO ABANDONED AREAS (§ 45.1-161.122)

A. The mine foreman shall ensure that boreholes are drilled in each advancing
working place that is (i) within 50 feet of abandoned areas in the mine as shown
by surveys made and certified by a registered engineer or surveyor, (ii) within
200 feet of abandoned areas in the mine which have 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. The boreholes shall be at least 20 feet in depth and always
maintained not less than 10 feet in advance of the face, and not more than eight
feet apart unless approved by the Chief. One borehole shall also be drilled for
each cut on sides of the active workings that are being driven toward, and in
proximity to, an abandoned mine or part of a mine which may contain flammable
gas or which is filled with water.

B. Sufficient holes shall be drilled through to accurately determine whether
hazardous quantities of methane, carbon dioxide and other gases or water are
present in the 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 boreholes
drilled in accordance with subsection A until a plan has been submitted and
approved by the Chief. The plan will include at a minimum: (i) procedures for
testing the atmosphere at the back of boreholes drilled into the abandoned area;
(ii) the method of ventilation, ventilation controls, and the air quantities and
velocities in the affected working section and working place; (iii) procedures
for mining-through 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) the
procedures and precautions to be followed during mining-through 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, his agent, mine foreman or miner engaged in drilling or mining
into inaccessible abandoned areas 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. § 75.1716. The operator shall obtain approval for the submitted plan
from the Chief 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 overlying or
underlying mines or drilling from the active mine, the operator shall submit a
plan to the Chief addressing: (i) the purpose of the hole, (ii) information
about abandoned mines that the hole may penetrate, (iii) procedures for
withdrawal or limiting the number of miners from the mine or affected area
during penetration, (iv) casing details and procedures to prevent 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. The provisions of this section shall not apply to
gas wells, coalbed methane wells, or vertical ventilation holes.

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