W. Va. Code R. § 38-2B-3 - PERMITS

3.1 Standard Permits or Plans and Specifications Standard permits or plans and specifications in accordance with the applicability section are required for all coal refuse disposal areas of the following types:

a. Non-impounding coal refuse areas - Submit the appropriate application forms and plans according to the applicable sections of these regulations.

b. Impounding Structures - Submit the appropriate application forms and plans with the following variations:

1. Impoundments defined as dams in Chapter 20, Article 5D of the Code of West Virginia (Dam Control Act) shall require a Certificate of Approval.

2. Impoundments capable of storing 20 acre feet and having an embankment greater than 5 feet in height measured at upstream toe or are 20 feet or more in height measured at the upstream toe must comply with these rules and regulations, regardless of construction materials.

3. All other impoundments not meeting the minimum criteria of C.01b1 or C.01b2 must meet minimum requirements of the Handbook for Surface Mining. Special approval may be given to short term, special purpose ponds for disposal of materials.

c. Plans for reprocessing or removal of materials from an approved coal refuse disposal area shall be included in the standard permit.

3.2 Special Permits - A special permit may be granted for reprocessing or removal of abandoned coal refuse disposal areas in accordance with Section D.06 and E.09 of these regulations.

Notes

W. Va. Code R. § 38-2B-3