A. The process for revision of a permit is as follows:
1. During the term of a permit, the permittee may submit an application for a revision of such permit, together with a revised operation plan and reclamation plan, to the Director.
2. An application for a revision of a permit shall not be approved unless the Director finds that reclamation as required by the federal act and state regulations can be accomplished under the revised reclamation plan. The Director shall establish by regulation the period of time within which the revision shall be approved or disapproved, as well as parameters for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; however, any revisions that propose significant alterations in the operation plan or reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
3. Any extension to the area covered by the permit, except an insignificant boundary revision, shall be made by application for another permit.
B. The Director shall, within a time limit prescribed in regulations adopted by him, review each outstanding permit and may require reasonable revision or modification of the permit provisions during the term of any permit; however, such revision or modification shall be based upon a written finding and subject to notice and hearing requirements.
1979, c. 290, § 45.1-236; 1984, c. 590; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 10 - Virginia Coal Surface Mining Control and Reclamation Act of 1979
§ 45.2-1001. Limitations of chapter
§ 45.2-1002. Application of chapter
§ 45.2-1003. Authority and duties of Director
§ 45.2-1004. Training and certification of blasters
§ 45.2-1005. Conflicts of interest prohibited
§ 45.2-1006. Resisting, etc., Director or agent of the Director; penalty
§ 45.2-1007. Coal Surface Mining Regulatory Fund
§ 45.2-1008. Coal exploration operations
§ 45.2-1009. Permit required for coal surface mining operation; term; transfer, etc.
§ 45.2-1010. Form and contents of permit application; fee
§ 45.2-1011. Operation and reclamation plans
§ 45.2-1012. Revision of permits
§ 45.2-1013. Approval or denial of permit
§ 45.2-1014. Public participation in process of issuing or revising permits
§ 45.2-1015. Decision of Director upon permit application; hearing; appeal
§ 45.2-1016. Performance bonds
§ 45.2-1017. Performance standards
§ 45.2-1018. Surface effects of underground coal mining operations
§ 45.2-1019. Inspections and monitoring
§ 45.2-1020. Enforcement of chapter generally
§ 45.2-1021. Civil and criminal penalties
§ 45.2-1022. Citizen suits; rights of citizens to accompany inspectors
§ 45.2-1023. Forfeiture or release of performance bond
§ 45.2-1024. Performance of reclamation operations by Director
§ 45.2-1025. Administrative review of notice or order issued under § 45.2-1020
§ 45.2-1027. Judicial review of final order or decision or decision under § 45.2-1035
§ 45.2-1028. Designating areas unsuitable for coal surface mining
§ 45.2-1029. National Pollutant Discharge Elimination System permits
§ 45.2-1030. Replacement of water supply
§ 45.2-1031. State Reclamation Program
§ 45.2-1032. Abandoned Mine Reclamation Fund
§ 45.2-1034. Eligible lands and water; priorities for expenditures
§ 45.2-1036. Commonwealth to have lien for reclamation work
§ 45.2-1037. Perfection of lien; waiver of lien
§ 45.2-1038. Recordation and indexing of lien; notice
§ 45.2-1040. Hearing to determine amount of lien
§ 45.2-1041. Satisfaction of lien
§ 45.2-1042. Miscellaneous powers of Director
§ 45.2-1043. Coal Surface Mining Reclamation Fund
§ 45.2-1044. Participation in Fund
§ 45.2-1045. Initial payments into Fund; renewal payments; bonds
§ 45.2-1046. Assessment of reclamation tax revenues for Fund
§ 45.2-1047. Special assessment
§ 45.2-1048. Collection of reclamation tax and penalties for nonpayment
§ 45.2-1049. Forfeiture of bonds on operations participating in the Fund; alternative remedies
§ 45.2-1050. Reinstatement to the Fund; recovery of Fund expenditures
§ 45.2-1051. Coal Surface Mining Reclamation Fund Advisory Board