Licensing

Mine License - Who Needs a Mine License and When?
Section 45.1-161.57 of the Coal Mine Safety Laws of Virginia states that no person shall engage in the operation of any coal mine within the Commonwealth without first obtaining a license from the Department of Mines, Minerals and Energy.  A license will be required prior to commencement of the operation of a mine. A separate license shall be secured for each mine operated.  The license shall be posted in a conspicuous place near the main entrance to the mine.  The license shall not be transferable and every change in ownership of a mine shall be reported to the Department.  A license for a coal mine will be valid for a period of no more than one year following the date of issuance and shall be renewed annually within 15 days following the anniversary of the date the mine began operations.

Surface Mine
A site shall commence being a surface coal mine upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity that does not disturb the surface, and shall cease to be a surface coal mine upon completion of initial reclamation activities.

Underground Mine
A site shall commence being an underground coal mine upon the beginning of any site preparation activity other than exploratory drilling or other exploration activity, and shall cease to be an underground coal mine upon completion of initial reclamation activities.

When a mining operation is determined to be operating without a valid mine license, the mine inspector will issue an order of closure requiring the cessation of all activity until such time as a valid mine license is obtained.

For more information, contact the Division of Mines at (276) 523-8236 or 523-8228, or by e-mail to Patty Varner.

Licensing Requirements and Fees
The following requirements are to be met to obtain a "New Mine" license or to "Renew" an existing license:

    The applicant must submit the following:

• $180.00 application fee (Cash, Check/Money Order made payable to the Treasurer of Virginia)
• A completed DM-CM-1 Form (Mine License Application)

The following requirements are to be met to obtain a "Change of Ownership" license:

    The applicant must submit the following:

• $180.00 application fee (Cash, Check/Money Order made payable to the Treasurer of Virginia)
• A completed DM-CM-1 Form (Mine License Application)
• A DM-CM-2 Form (Tonnage) from the previous operator
• A letter of relinquishment from previous operator
• A final map from the previous operator

No application for a license or a renewal shall be issued unless all requirements are met. In order to ensure your existing mine license does not expire, or when a new mine license or change of ownership license is needed, you should submit your application package at least 10 days prior to the expiration date or desired license date.  This will allow sufficient time for review, approval, and mailing of your new license.

Applications for a mine license may be hand delivered or mailed to the Division of Mines in Big Stone Gap or the Keen Mountain Office.  If a license is needed immediately, you should contact the Big Stone Gap office for assistance.  All mine licenses are issued out of the Big Stone Gap office.  Applications hand delivered or mailed to the Keen Mountain office will be forwarded to Big Stone Gap for issuance.  

To obtain an application, required forms, or more information contact the Big Stone Gap office at (276) 523-8236 or the Keen Mountain office at (276) 498-4533.  You may e-mail your request to Patty Varner.
       

Reporting Changes in Licensing Information
The operator shall notify the Department within 30 days after the occurrence of any change in the information currently on file regarding the mine license application.   This notification is required in writing to the Division of Mines and may be by letter or the DM-LI-1, Notice of Operator Change in Licensing Application form.

An information change of "person with overall responsibility of operating decisions at the mine" (DM-CM-1 Mine License Application) will require a re-print of the mine license. Once the notification has been received in the Big Stone Gap office, a re-print of the license will be issued and mailed.

For more information contact the Division of Mines at (276) 523-8236 or e-mail Patty Varner..

Annual Reporting Requirements
Tonnage Reports (DM-CM-2 Coal Mine Schedules)
By February 15th, the operator or his agent of every mine shall annually mail or deliver to the Department a report for the preceding twelve months, ending with December 31.  The report shall state the names of the operator, any agent, and officers; the quantity of coal mined; and such other information, not of private nature, as  may from time to time be required by the Department on blank forms furnished or approved by the Department.

Affidavits
By February 15th, the operator or his agent of every coal mine shall annually mail or deliver to the Department an affidavit, certified by the Commissioner of Revenue of the locality in which the coal mining operations are conducted, stating that all local coal severance taxes enacted with respect to the coal mining operations have been paid; and an affidavit, certified by the Treasurer of the locality in which the coal mining operations are conducted, stating that personal property, real estate and mineral land taxes due with respect to mining operations have been paid.

For more information or forms contact the Division of Mines (276) 523-8236 or e-mail Patty Varner.

Abandonment Requirements
In order to abandon a licensed Virginia coal mine, the operator must submit the following:

Underground Mines
The operator must provide written notice of abandonment to the Division of Mines. This notice should include the name of the mine, location of the mine and the operator's name and mailing address, a final mine map and a DM-CM-2 form (tonnage) must be provided.  Total tonnage and hours are also needed from January 1, or the date the license was issued in the current year, through the date of abandonment.  NOTE: This information is required even if there is zero tonnage for the time period.

Surface Mines
The operator must provide written notice of abandonment to the Division of Mines which includes the name of the mine, location of the mine and the operator's name and mailing address.  Also, a final mine map when applicable and a DM-CM-2 (tonnage) form must be provided and completed as described in the underground mines requirements.

For more information, contact the Big Stone Gap office at (276) 523-8236 or e-mail Patty Varner.