A. The Director shall notify each applicant for a permit within a reasonable time, as set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and written objections that have been filed, of his written decision to approve or disapprove the application, in whole or in part, except that if an informal hearing has been held pursuant to § 45.2-1014, the Director shall issue to the applicant and the parties to the hearing his written decision within 60 days of such hearing.
B. If such application is approved, a permit shall be issued. If such application is disapproved, specific reasons shall be given in the notification. Within 30 days after the applicant is notified of the final decision of the Director on such permit application, the applicant, or any person with an interest that is or might be adversely affected, may request a hearing on the reasons for the final determination. The Director shall hold a formal adjudicatory hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and within 30 days thereafter shall issue to the applicant and every person who participated in the hearing the written decision of the Director granting or denying the permit in whole or in part and stating the reasons therefor. No person who presided at an informal hearing under § 45.2-1014 shall preside at the formal adjudicatory hearing or participate in the decision therein or any administrative appeal therefrom.
C. Where a hearing is requested pursuant to subsection B, the Director, under such conditions as he prescribes, may grant temporary relief pending final determination of the proceedings if:
1. All parties to the proceeding have been notified and given an opportunity to be heard on any request for temporary relief;
2. The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and
3. Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.
D. Any applicant or person who has an interest that is or might be adversely affected and has participated in the formal hearing as an objector who is aggrieved by the decision of the Director or by the failure of the Director to act within the time limits specified in this chapter has a right to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
1979, c. 290, § 45.1-240; 1983, c. 92; 1986, c. 615; 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