Permitting & Licensing

Mining Permit & License Requirements
§ 45.1-181 of Chapter 16 of Title 45.1 of the Code of Virginia states that "It shall be unlawful for any operator to engage in any mining operation in Virginia, without having first obtained from the Department a permit to engage in such operation….". This section further requires that " A permit shall be obtained prior to the start of any mining operation."

§ 45.1-161.292:30 of Chapter 14.1:1 of Title 45.1 of the code of Virginia states that "No person shall engage in the operation of any mineral mine within this Commonwealth without first obtaining a license from the Department. A license shall be required prior to commencement of the operation of a mine. A separate license shall be secured for each mine operated. ….".

In an effort to simplify the permitting and licensing requirements the Division of Mineral Mining has combined the permit and license application process into a single Permit Application Package which contains all the necessary forms to obtain a permit. Contents of the required operations, drainage and reclamation plans are outlined on the Permit Application Checklist which is part of the Permit Application Package.

Permit & License Fees
Permit fees, license fees and appropriate reclamation bonds are required prior to the issuance of the permit/license. For a new permit or a permit amendment these fees should not be submitted until you receive a request or billing from the Division of Mineral Mining. The fees for new permit are as follows:

Permit Fee - $31.00 for each acre to be covered by the permit.

License Fee - $180.00 for all mines except for sand mines of 5 acres or less. Sand mines of 5 acres or less must pay a $48.00 license fee.

Bond - $1000.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period.

Minerals Reclamation Fund - $50.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period. (Mineral Reclamation Fund payments are in lieu of bond and available only to operators who have operated satisfactorily under Virginia's mineral mining law for 5 years or more)

Permit & License Renewal
The permit and mining license must be renewed on an annual basis. The renewal is not a reapplication process. The renewal involves an inspection and progress report to determine if operations are proceeding according to the approved plans and to insure that all areas are covered by the appropriate bond prior to being disturbed by mining.

Permit renewal information and renewal fees must be submitted to the Division of Mineral Mining at least 10 days prior to the permit anniversary date.

Updated permit maps must accompany the renewal to show changes in the amount and location of lands that are disturbed, lands to be disturbed in the upcoming 12 months and lands that have been reclaimed. If there have not been any changes to the land that affect the permit maps then a statement certifying that there have been no changes will be accepted.

Permit & License Renewal Fees
Permit and license renewal fees must be submitted with the renewal package. If there have been no changes in the permit areas the fee amounts are provided in the Renewal Special Order Notice that is mailed to operators at least 90 days prior to the permit/license anniversary date. Renewal fees are as follows:

Permit Renewal Fee - $16.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period.

License Fee - $180.00 for all mines except for sand mines of 5 acres or less. Sand mines of 5 acres or less must pay a $48.00 license fee.

Bond - $1000.00 per acre for additional acreage to be disturbed in the upcoming 12 month period. Bond does not have to be posted for acres already under bond.

Minerals Reclamation Fund - $50.00 per acre disturbed plus acres to be disturbed in the upcoming 12 month period for operations that are entering the Minerals Reclamation Fund for the first time. $12.50 per acre disturbed plus acres to be disturbed in the upcoming 12 month period for operations that have been in the Minerals Reclamation Fund at least one year. (Mineral Reclamation Fund payments are in lieu of bond and available only to operators who have operated satisfactorily under Virginia's mineral mining law for 5 years or more)

Permit Amendments
If the operator believes changes in his original plan are necessary or if additional land not shown as a part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation to the Division of Mineral Mining. Proper operating, drainage and reclamation plans must be provided with amendments adding acreage to the permit. No lands are to be disturbed until they are included in the approved permit and properly bonded.

Amendments to add additional acreage to the permit must be accompanied by documentation that the operator has the right to mine and remove minerals from the acreage being amended. Such right of entry information may be provided by providing a copy of the deed or lease to the property or by providing the parties to the deed or lease, the date of execution and the recording information for the deed or lease.

The Division of Mineral Mining may order an operator to amend their permit to address changes in the operations, drainage or reclamation plan or to address unforseen circumstances or events.

Mine Permit Map
The application for a permit shall be accompanied by two copies of an accurate map or aerial photograph or plan and meet the following requirements:

1. Be prepared by a licensed engineer or licensed land surveyor or issued by a standard mapping service or in such a manner as to be acceptable to the Director;
   
2. Identify the area to correspond with the land described in the application;
   
3. Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of owners of the affected area which lie within 100 feet of any part of the affected area;
   
4. Be drawn to a scale of 400 feet to the inch or better;
   
5. Show the names and location of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the area affected and within 500 feet of such area;
   
6. Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected;
   
7. Show the date on which the map was prepared, the north arrow and the quadrangle name;
   
8. Show the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainways, natural waterways used for drainage and the streams or tributaries receiving the discharge.
   
9. Be accompanied by a completed Map Legend which identifies by color code or graphic symbol the critical features of the permit area.
   

Public Participation
§ 45.1-184.1 in Chapter 16 of Title 45.1 of the Code of Virginia requires the application for a mineral mining permit to be accompanied by a statement showing the names and addresses of the owners of property within one thousand feet (1000) of the permit line of any land proposed to be permitted. Form DMM-103a entitled " Statement Listing the Names and Addresses of Adjoining Property Owners" may be used for this purpose.

Proof that landowners have been notified by certified mail or in person of the application for a permit is required as part of the permit application. Adjacent landowners must be notified by providing them with Form DMM-103 entitled " Notice of Application to Mine". Proof of notification by certified mail can be accomplished by submitting the original return receipts from the certified mail that was used to send the Notices of Application to Mine. Proof of notification in person can be accomplished by having the property owner sign a copy of the Notice of Application to Mine and submitting the notice containing their original signature with the permit application package.

Property owners within 1000 feet of the permit boundary may file written objections with the Director, and may request a hearing. If a hearing is requested, it will be held in the county where the proposed mine is to be located and all those requesting the hearing will be notified of the date place and time of the hearing. A Public Hearing Informational Brochure is attached to provide more detailed information about the hearing process.

The adjacent landowner notification process applies to initial permit applications only. No new notice is required for permit renewal applications nor for permits for acreage in addition to that originally permitted.

Notification of Government Officials
The permit application must be accompanied by a statement certifying that the chief administrative official of the local political subdivision has been notified of the proposed operation by certified mail. This notice must be sent to the county administrator of the county where the mine is located or to the city manager if located within the boundaries of a city. This notice is required by the mining laws and is not waived by any previous notifications that may have been made as a result of a zoning or land use application.

Statistics
List of Virginia Mineral Mines; Report DMM.PEPR.17
Summary of Permitted Mine Acreage by Commodity; Report DMM.PEPR.14
Summary of Permitted Mine Acreage by County; Report DMM.PEPR.14
Summary of Tonnage Produced by Commodity; Report DMM.TNPR.04
Summary of Tonnage Produced by County; Report DMM.TNPR.04
List of Mineral Mine Contractors; Report DMM.CNPR.01B

Copies of these lists may be obtained by calling (434) 951-6310 or e-mail for information on copying costs.

For additional information about the Division of Mineral Mining, call (434) 951-6310 or by e-mail.