4VAC25-130-816.57: Hydrologic balance; stream buffer zones

(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the division specifically authorizes surface mining activities closer to, or through, such a stream. The division may authorize such activities only upon finding that-

(1) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(2) If there will be a temporary or permanent stream-channel diversion, it will comply with 4VAC25-130-816.43.

(b) The area not to be disturbed shall be designated as a buffer zone, and the permittee shall mark it as specified in 4VAC25-130-816.11.