                                 CODE OF VIRGINIA

 FORM AND CONTENTS OF PERMIT APPLICATION; FEE (§ 45.2-1010)

A. Application for a surface mining permit shall be made to the Division in the
format required by the Director and shall be signed and verified under oath by
the person intending to engage in the surface mining of coal, or the
person&#8217;s legal representative.

B. The application shall contain the information required by regulations adopted
by the Director, including the information required under the provisions of
&#xA7; 507(b) of the federal act.

C. To the extent that funds are available from the federal Office of Surface
Mining Reclamation and Enforcement, the Director shall provide for permit
application assistance to small operators as provided in &#xA7; 507(c) and (h)
of the federal act. Such assistance shall be provided in accordance with
regulations adopted by the Director.

D. Each applicant for a permit shall be required to submit to the Division as
part of the permit application an operation plan and a reclamation plan that
meet the requirements of this chapter and regulations adopted by the Director.

E. Each application for a coal surface mining permit issued under this chapter
shall be accompanied by a fee of $26 per acre for the area of land to be
affected by the total operation for which plans have been submitted. A payment
of $13 per acre for any area disturbed under the permit shall be payable
annually on the anniversary date of the permit. All fees collected under the
provisions of this section shall be paid into the Coal Surface Mining Regulatory
Fund created pursuant to &#xA7; 45.2-1007.

F. Each applicant for a coal surface mining permit shall file a copy of his
application for public inspection at an appropriate public office approved by
the Director where the mining is proposed to occur. However, information that
pertains only to the analysis of the chemical and physical property of the coal,
excepting information regarding such mineral or elemental content that is
potentially toxic in the environment, shall be kept confidential upon request of
the applicant and not made a matter of public record.

G. Each applicant for a coal surface mining permit shall submit to the Division
as part of the permit application a certificate issued by an insurance company
authorized to do business in the Commonwealth certifying that the applicant has
a public liability insurance policy in force for the surface mining and
reclamation operation for which such permit is sought. Such policy shall provide
for personal injury and property damage protection in an amount that is not less
than that specified in regulations adopted by the Director and is adequate to
compensate any person who is injured or whose property is damaged as a result of
a surface coal mining and reclamation operation, including by the use of
explosives, and who is entitled by law to compensation under applicable
provisions of law. Such policy shall be maintained in full force and effect
during the term of the permit and any renewal, including the length of all
reclamation operations. The Director may adopt regulations that provide for the
submission by the applicant of evidence of self-insurance, meeting the
requirements of this subsection, in lieu of a certificate of a public liability
insurance policy.

HISTORY: 1979, c. 290, § 45.1-235; 1982, c. 246; 1984, c. 590; 1999, c. 114;
2003, cc. 542, 550; 2021, Sp. Sess. I, c. 387.