4VAC25-130-773.11: Requirements to obtain permits

(a) All operations. No person shall engage in or carry out any surface coal mining operations, unless such person has first obtained a permit issued by the division, except as provided for in Paragraph (b) of this section. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.

(b) Continued operations under Federal program permits.

(1) A permit issued by the Director of the OSM pursuant to a Federal program for the Commonwealth shall be valid under any superseding State program approved by the Secretary.

(2) The Federal permittee shall have the right to apply to the division for a State permit to supersede the Federal permit.

(3) The division may review a permit issued pursuant to the superseded Federal program to determine that the requirements of the Act and the approved State program are not violated by the Federal permit, and to the extent that the approved State program contains additional requirements not contained in the Federal program for the State, the division shall--

(i) Promptly issue an order requiring the permittee to comply with such additional requirements within 60 days of the issuance of the order, unless the permittee demonstrates to the division that it is physically impossible to meet those additional requirements within 60 days, or unless the division agrees to a longer period under an established time schedule;

(ii) Notify the permittee, in writing, of the right to a hearing with respect to the order. A request for hearing must be filed in writing with the division within 30 days of issuance of the order; and

(iii) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the State program.