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

   1. (1) Occurred after October 24, 1992; and
   2. (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.

2. (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. (1) Arose after permit issuance;
   2. (2) Was related to prior mining; and
   3. (3) Was not identified in the permit application.

[65 FR 79663, Dec. 19, 2000, as amended at 73 FR 67630, Nov. 14, 2008]