If one operator succeeds another at any uncompleted operation, whether by sale, assignment, lease, merger, or otherwise, the Director may release the first operator from all liability under this chapter as to that particular operation and transfer the permit to the successor operator. However, the successor operator shall have complied with the requirements of this chapter and shall assume as part of his obligation under this chapter all liability for the reclamation of the area of land affected by the first operator. No fee, or any portion thereof, paid by the first operator shall be returned to either operator. The permit fee for the successor operator for the area of land permitted by the first operator shall be calculated according to the following schedule, except as provided by § 45.2-1203:
Date of Succession: Permit Fee:
Beginning July 1, 2019 $18 per disturbed acre
Beginning July 1, 2020 $20 per disturbed acre
Beginning July 1, 2021 $22 per disturbed acre
Beginning July 1, 2022 $24 per disturbed acre
The mining permit for the successor operator shall be valid for one year from the date of issuance and shall be renewed thereafter in accordance with the provisions of this chapter.
1977, c. 312, § 45.1-184.2; 1996, cc. 648, 659; 2003, cc. 542, 550; 2019, c. 538; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land
§ 45.2-1201. Construction of chapter
§ 45.2-1202. Authority of Director; enforcement of chapter by injunction
§ 45.2-1203. Exemption for restricted mining
§ 45.2-1206. Operations plan; reclamation; policy of Director
§ 45.2-1207. Special Reclamation Fund
§ 45.2-1209. Review of operations plan and reclamation provision by Director; issuance of permit
§ 45.2-1210. Application for permit; adjoining landowners; local official
§ 45.2-1211. Succession of one operator by another at uncompleted project
§ 45.2-1213. Notice of noncompliance served on operator
§ 45.2-1214. Collection of debts
§ 45.2-1215. Commonwealth to have lien for reclamation work
§ 45.2-1216. Perfection of lien; waiver of lien
§ 45.2-1217. Recordation and indexing of lien; notice
§ 45.2-1219. Hearing to determine amount of lien
§ 45.2-1220. Satisfaction of lien
§ 45.2-1221. Additional bond to cover amended estimate of land to be disturbed
§ 45.2-1222. Interference with reclamation unlawful; other mining operations on land
§ 45.2-1223. Penalty for violation of chapter, etc.
§ 45.2-1224. Assistance of federal, state, and local agencies
§ 45.2-1225. Injunction prohibiting mining operation
§ 45.2-1226. Appeals from decisions of the Department
§ 45.2-1228. Orphaned Lands Reclamation Fund
§ 45.2-1229. Survey; priorities for reclamation
§ 45.2-1230. Agreements with owners or lessees; reclamation by Director
§ 45.2-1231. Contracts for reclamation
§ 45.2-1232. Acceptance of federal funds, gifts, etc.
§ 45.2-1234. Minerals Reclamation Fund
§ 45.2-1235. Membership in Fund; payments required
§ 45.2-1236. Release of bonds and other securities
§ 45.2-1237. Return of member payments
§ 45.2-1238. Revocation of permits; reclamation work
§ 45.2-1239. Collection of debt where cost of reclamation exceeds member's forfeited payments, etc.
§ 45.2-1240. Decreases in size of Fund
§ 45.2-1241. Order of return of payments
§ 45.2-1242. Discontinuance of Fund
§ 45.2-1243. Construction of article; Fund used solely for reclamation