CODE OF VIRGINIA

NOTICES TO DEPARTMENT; RESUMPTION OF MINING FOLLOWING DISCONTINUANCE (§
45.1-161.63)

A. The operator or his agent shall send notice of intent to discontinue the
working of an underground mine for a period of 30 days or a surface mine for a
period of 60 days to the Department at least 10 days prior to discontinuing the
working of a mine with such intent, or at any time a mine becomes an inactive
mine. Unless examinations of the mine are being conducted during the period of
discontinued use, all surface openings to the discontinued underground mine
shall be secured against unauthorized entrance when the activities are
discontinued for 30 days or longer. Danger signs shall be posted at each secured
entrance.

B. The operator, or his agent, shall send to the Department 10 days’ prior
notice of intent to resume the working of an inactive mine. The production of
coal at such mine shall not resume until a mine inspector has inspected and
approved it for resumption of production activities.

C. Emergency actions necessary to preserve a mine may be undertaken without the
prior notice of intent and advance inspection required by subsection B. In such
event, a mine foreman shall examine a mine for hazardous conditions immediately
before miners are permitted to work. The operator, or his agent, shall notify
the Department as soon as possible after commencing emergency action necessary
to preserve the mine.

D. The operator, or his agent, shall send to the Department 10 days’ prior
notice of any change in the name of a mine or in the name of the operator of a
mine.

E. The operator, or his agent, shall send to the Department 10 days’ prior
notice of the opening of a new mine.

F. Any notice required by this section shall be in writing and shall include the
name of the mine, the location of the mine, the name of the operator, and the
operator’s mailing address.

HISTORY: Code 1950, §§ 45-7, 45-12, 45-68.4, 45-69, 45-73, 45-75, 45-78,
45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1966, c. 594, § 45.1-21; 1976,
c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984, cc. 178, 590; 1988, c. 577;
1993, cc. 171, 442; 1994, c. 28; 1996, c. 774; 1997, c. 390; 1999, c. 256; 2005,
c. 3.