30 CFR §773.13

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.