30 CFR 773.13 : Mineral Resources (§ 1.1 To Parts 1291-1299) — (§ 700.1 To Parts 1291-1299) — Office Of Surface Mining Reclamation And Enforcement, Department Of The Interior (§ 700.1 To Parts 956-999) — Surface Coal Mining And Reclamation Operations Permits And Coal Exploration Systems Under Regulatory Programs (§ 772.1 To § 785.25) — Requirements For Permits And Permit Processing (§ 773.1 To § 773.28) — Unanticipated events or conditions at remining sites.

(a) You, the applicant, are eligible for a permit under § 773.12 if an unabated violation -

(1) Occurred after October 24, 1992; and

(2) Resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for remining under a permit that was held by the person applying for the new permit.

(b) For permits issued under § 785.25 of this subchapter, an event or condition is presumed to be unanticipated for the purpose of this section if it -

(1) Arose after permit issuance;

(2) Was related to prior mining; and

(3) Was not identified in the permit application.