Section 774.13. Permit revisions

(a) General. During the term of a permit, the permittee may submit an application to the division for a revision of the permit.

(b) Application requirements and procedures.

(1) The Director shall establish a time period within which the division will approve or disapprove an application for a permit revision; and

(2) The division shall establish guidelines establishing the scale or extent of revisions for which all the permit application information requirements and procedures of this Subchapter, including notice, public participation, and notice of decision requirements of 4VAC25-130-773.13, 4VAC25-130-773.19(b) (1) and (3), and 4VAC25-130-778.21 shall apply. Such requirements and procedures shall apply at a minimum to all significant permit revisions.

(c) Criteria for approval. No application for a permit revision shall be approved unless the application demonstrates and the division finds that reclamation as required by the Act and the regulatory program can be accomplished, applicable requirements under 4VAC25-130-773.15(c) which are pertinent to the revision are met, and the application for a revision complies with all requirements of the Act and the regulatory program.

(d) Request to change permit boundary. Any extensions to the area covered by the permit, except incidental boundary revisions, shall be made by application for a new permit.

Historical Notes

Derived from VR480-03-19 § 774.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.