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| Action Summary | 4 VAC25-130-882 pertains to lien processing on coal surface mining reclamation on private land. Current regulation gives discretionary authority to the director to place a lien on reclaimed private property that results in a significant increase in the fair market value of the property. Recent review of the State Reclamation Plan by OSMRE recognized outdated language not reflective of current practices or federal guidance under 4VAC25-130-882. Federal SMCRA guidance under 30 CFR 882 directs that no lien be placed on property of surface owners who did not consent to participate in reclamation work. Further review of the State Reclamation Plan found that 4VAC25-130-882 misaligns with current agency practices, which does not place liens on properties that have been entered to address environmental issues related to AML. The practice of placing liens of properties is not currently in practice because it reduces the appeal for landowners in the environmental reclamation of former coal mine land for the benefit of the public. The review of the State Reclamation Plan and recognition of misaligned language prompted the Virginia Department of Energy to amend 4VAC25-13-882 to reflect Federal Guidelines and current practices. |
| Chapters Affected | Only affects this chapter. |
| Executive Branch Review | This action will go through the normal Executive Branch Review process. |
| RIS Project | Yes [8078] |
| New Periodic Review | This action will not be used to conduct a new periodic review. |
| Name / Title: | Larry Corkey / Policy & Planning Manger |
| Address: |
Department of Energy 1100 Bank Street, 8th Floor Richmond, VA 23219-3402 |
| Email Address: | larry.corkey@energy.virginia.gov |
| Phone: | (804)692-3239 FAX: ()- TDD: ()- |