W. Va. Code R. § 38-2-1 - General

1.1. Slope. -- This rule establishes general and specific rules for permit application requirements and contents; haulageways or access roads; drainage and sediment control systems; blasting; premining and postmining land use; fish and wildlife considerations; revegetation; prime farmlands; insurance and bonding; replacement, release, and forfeiture of bonds; requirements of a notice of intent to prospect; performance standards; performance standards applicable to underground mining operations; subsidence control; small operator assistance program; citizen's actions; designation of areas unsuitable for mining; inspection and enforcement; Surface Mine Board; and Coal Refuse.

1.2. Authority. - W.Va. Code § 22-3-4, 22-3-12, 22-3-13(g), 22-3-23(1), and 22-3-35.

1.3. Filing Date. -- June 1, 2020

1.4. Effective Date -- July 1, 2020

1.5. Applicability.

1.5.a. This rule applies to all prospecting and surface mining operations in the State of West Virginia, except the applicable subsections in W. Va. Code § 22-3-26. The provisions of this subdivision do not constitute the issuance of a new permit for purposes of permit renewal or mid-term review of existing permits.

1.5.b. Permits issued after the effective date of this rule shall incorporate in the application all of the requirements of this rule.

1.5.c. The Secretary may terminate jurisdiction over a reclaimed site of a completed surface mining and reclamation operation, or increment thereof, when:

1.5.c.1. The Secretary determines in writing that under the initial program all applicable requirements imposed by the Act, this rule, and the terms and conditions of the permit have been successfully complied with; or

1.5.c.2. The Secretary determines in writing that under the permanent program, all requirements imposed under the Act, this rule, and the terms and conditions of the permit have been successfully complied with or, where a bond was required, the Secretary has made a final decision to release the bond fully.

1.5.d. following termination under subdivision 1.5.c of this section, the Secretary shall reassert jurisdiction over a site if it is demonstrated that the bond release or written determination referred to in subdivision 1.5.c. was based upon fraud, collusion, or misrepresentation of a material fact.

Notes

W. Va. Code R. § 38-2-1