                                 CODE OF VIRGINIA

 PERMIT REQUIRED; FEE; RENEWAL FEE; APPLICATION; FURNISHING COPY OF MAP, ETC.,
TO LANDOWNER; APPROVAL BY DEPARTMENT (§ 45.2-1205)

A. It is unlawful for any operator to engage in any mining operation in the
Commonwealth without first obtaining from the Department a permit to engage in
such operation and paying a permit fee of $50 per acre for every acre of land to
be affected by the total operation for which plans have been submitted. Such
permit fee shall be deposited in the Permit Fee Fund pursuant to &#xA7;
45.2-1204. A permit shall be obtained prior to the start of any mining
operation.

B. A separate permit shall be secured for each mining operation conducted. An
application for a mining permit shall be made in writing on forms prescribed by
the Director and shall be signed and sworn to by the applicant or his duly
authorized representative. The application, in addition to other information
reasonably required by the Director, shall contain the following information:
(i) the common name and geologic title, where applicable, of the mineral to be
extracted; (ii) a description of the land upon which the applicant proposes to
conduct mining operations, setting forth the name of the county or city in which
such land is located, the location of its boundaries, and any other description
of the land to be disturbed necessary to allow it to be located and
distinguished from other lands and easily ascertainable as shown by a map
attached thereto showing the amount of land to be disturbed; (iii) the name and
address of the owner or owners of the surface of the land; (iv) the name and
address of the owner or owners of the mineral, ore, or other solid matter; (v)
the source of the operator&#8217;s legal right to enter and conduct operations
on the land to be covered by the permit; (vi) the total number of acres of land
to be covered by the permit; (vii) a reasonable estimate of the number of acres
of land that will be disturbed by mining operations on the area to be covered by
the permit during the ensuing year; (viii) whether any mining permit of any type
is now held by the applicant, and the number of such permits; (ix) the name and
address of the applicant, if an individual; the names and addresses of all
partners, if a partnership; the state of incorporation and the name and address
of its registered agent, if a corporation; or the name and address of the
trustee, if a trust; and (x) if known, whether the applicant, any subsidiary or
affiliate of the applicant, any partnership, association, trust, or corporation
controlled by or under common control with the applicant, or any person required
to be identified by clause (ix) has ever had a mining permit of any type issued
under the laws of the Commonwealth or any other state revoked or has ever had a
mining or other bond, or security deposited in lieu of bond, forfeited. Clause
(iv) shall not apply to the shell, container chamber, passage, or open space set
forth in &#xA7; 45.2-402.

C. The application for a permit shall be accompanied by two copies of an
accurate map or aerial photograph or plan that meets the following requirements:

   1. Is prepared by a licensed engineer or licensed land surveyor or issued by a
   standard mapping service or in a manner acceptable to the Director;

   2. Identifies the area corresponding with the land described in the
   application;

   3. Shows adjacent deep mining, if any, and the boundaries of surface
   properties, with the names of owners of the affected area that lie within 100
   feet of any part of the affected area;

   4. Is drawn to a scale of 400 feet to the inch or better;

   5. Shows the names and locations of all streams, creeks, or other bodies of
   public water, roads, buildings, cemeteries, gas and oil wells, and utility
   lines on the area affected and within 500 feet of such area;

   6. Shows by appropriate markings the boundaries of the area of land affected,
   the outcrop of the seam at the surface or the deposit to be mined, and the
   total number of acres involved in the area of land affected;

   7. Shows the date on which the map was prepared, the north arrow, and the
   quadrangle name; and

   8. Shows the drainage plan on and away from the area of land affected,
   including the directional flow of water, constructed drainways, natural
   waterways used for drainage, and the streams or tributaries receiving the
   discharge.

D. No permit shall be issued by the Department until the Director has approved
the plan of operation required in this section and &#xA7; 45.2-1206 and the bond
from the applicant as required in &#xA7; 45.2-1208.

E. If the operator believes that changes in his original plan are necessary or
if additional land not shown as a part of the approved plan of operation is to
be disturbed, he shall submit an amended plan of operation that shall be
reviewed for approval by the Director in the same manner as an original plan and
shall be subject to the provisions of this section and &#xA7;&#xA7; 45.2-1206
and 45.2-1208.

F. If within 10 days of the anniversary date of the permit, the Director, after
inspection, is satisfied that the operation is proceeding according to the plan
submitted to and approved by him, then the Director shall renew the permit upon
payment of a renewal fee by the operator for land to be affected by the total
operation in the next ensuing year according to the following schedule:
			Anniversary Date:                            Renewal 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 renewal fees shall be deposited in the Permit Fee Fund pursuant to &#xA7;
45.2-1204.

G. Upon receipt of a written request by any landowner on whose property a sand
and gravel operation is permitted pursuant to this section, the operator of the
sand and gravel operation shall provide a copy of the map, photograph, or plan
to the landowner.

HISTORY: 1968, c. 734, § 45.1-181; 1972, c. 206; 1974, c. 312; 1977, c. 312;
1983, c. 322; 1996, cc. 648, 659; 2003, cc. 542, 550; 2012, c. 695; 2019, c.
538; 2021, Sp. Sess. I, c. 387.