45.1-184 - Review of operations plan and reclamation provision by Director; issuance of permit. - Virginia Statutes

§ 45.1-184. Review of operations plan and reclamation provision by Director;issuance of permit.

Upon receipt of a reasonable operations plan and bond prescribed above, theDirector shall review the plan and if it meets with his approval issue apermit. If the Director disapproves the plan, he shall furnish the applicantwith his written objections thereto and his required amendments. Until theapplicant shall amend his operations plan to meet the Director's reasonableobjections and file a satisfactory amended plan with the Director, no permitshall be issued.

In reviewing such plan, if the Director finds that the operation willconstitute a hazard to the public safety or welfare, or that a reasonabledegree of reclamation or proper drainage control is not feasible, he maydisapprove the permit application. Provided, however, that the Director mayapprove the permit after deleting the areas from the permit application heldto be objectionable in the Director's findings.

The Director shall issue the permit unless he finds that the applicant hashad control or has had common control with a person, partnership,association, trust or corporation which has had a mining permit revoked orbond or other security forfeited for failure to reclaim lands as required bythe laws of this State, in which event no permit shall be issued. Except,however, if an operator who has heretofore forfeited a bond within thirtydays of notice and demand by the Director pays the cost of reclamation inexcess of the amount of the forfeited bond, or if any bond is forfeited andthe amount forfeited is equal to or greater than the cost of reclamation,such operator shall then become eligible for another permit.

(1968, c. 734; 1974, c. 312; 1977, c. 312.)