Sec. 38-3-3 - Permit Application Requirements and Contents

§ 38-3-3. Permit Application Requirements and Contents

3.1. Advertisement.

3.1.a. Advertisement Information. -- Each advertisement shall contain at a minimum a clear and accurate location map of a scale and detail found in the West Virginia County Highway Map. The map size shall be at a minimum four inches (4") x four inches (4"). A north arrow and longitude and latitude lines shall be indicated on the map, and such lines shall cross at or near the center of the proposed permit area;

3.1.b. Certification of Publication. -- The advertisement and publication dates for all permit applications, permit renewal applications, applications for modification of a permit, and transfer assignment and sale of permits, shall be certified and notarized by the publishing newspaper. The certificate of publication shall be made a part of the application.

3.1.c. Readvertisement. -- After an application has been advertised in accordance with W. Va. Code § 22-4-6(b) and is determined by the director to have had a limited number of minor changes that do not significantly affect the health, safety or welfare of the public, the method of operation, the quarrying and reclamation plan, or the original advertisement, he or she may require one (1) additional advertisement to be published with a ten (10) day public comment period. Changes to the permit application which do significantly affect the health, safety or welfare of the public, the method of operation, the quarrying and reclamation plan or the original publication shall require a full readvertisement in accordance with W. Va. Code § 22-4-6(b).

3.1.d. Renotification. -- A renotification letter shall be sent to all commentors of a quarrying application when a determination has been made by the Director that full readvertisement is required.

3.2. QMA File Number. -- Prior to the publication of an advertisement for a quarrying permit in accordance with W. Va. Code § 22-4-6(b), the applicant shall submit a complete quarrying permit application and obtain a quarry mining application (QMA) file number. Each QMA number shall be valid for one year; provided, that the director may extend a QMA number beyond one year, if the applicant has diligently pursued the application. In order for a QMA number to be extended, the applicant must submit to the director a written request, which shall state the reason(s) and which shall demonstrate good cause for the extension.

3.3. Fees. -- The one thousand-dollar ($1,000) permit application fee shall be paid prior to the issuance of the QMA number. The one thousand-dollar ($1,000) fee for the original permit shall be paid prior to the issuance of the permit.

3.4. Fish and Wildlife Resources Information.

3.4.a. Each new permit application and major modification shall include fish and wildlife resource information for the permit area and adjacent area. The scope and level of detail for such information shall be determined by the director in consultation with state and federal agencies with responsibilities for fish and wildlife resources. If the director and the state and federal agencies determine that the operation will not adversely impact the fish and wildlife resources, no further assessment is required.

3.4.b. Endangered Species. -- When the proposed quarrying operation will affect known threatened or endangered species of plants or animals or their critical habitats, the application shall describe control measures, management techniques, and monitoring methods to be employed in order to protect or enhance such species and habitats. Endangered or threatened species are as listed by the Secretary of Interior under the Endangered Species Act of 1973 (16 U.S.C. 1521 et seq.).

3.4.c. Notice to Governmental Agencies. -- Upon receipt of an application for a quarrying permit or major modification of an existing permit, the director shall notify all federal, state, or local government agencies with authority to issue permits and licenses applicable to the proposed quarrying operation including, as appropriate, the local U. S. Army Corps of Engineers District Engineer, state and federal fish and wildlife agencies, and the State Historic Preservation Officer.

3.4.d. Effect on Historic Places and Archaeological Sites. -- Where the proposed quarrying operation will adversely affect any publicly owned park, any place listed on the national register of historic places or archaeological sites, the director shall transmit to the federal, state or local agencies with jurisdiction over the park or historic place the applicable parts of the permit application, together with a request for the agency's approval or disapproval of the operation. Consideration and coordination of the permit review shall be in accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and the Archaeological Resource Protection Act of 1979 (16 U.S.C. 470 et seq.). A permit for such operation shall have joint approval of all affected agencies. Failure of the agency to respond to the director's request within thirty days shall constitute approval.

3.5. Pre-quarrying Water Assessment.

3.5.a. Each new application for a quarrying permit shall contain a pre-quarrying water assessment. A water assessment shall also be required for a permit modification which has the potential to affect the hydrology in a manner which was not addressed in the original permit. The assessment shall be developed using base line information developed over a six-month sampling period. Sampling and analysis of surface and groundwater monitoring sites shall be established within or near the permit area and on adjacent areas in a manner that will best describe the hydrologic conditions of the permit application area. The pre-quarrying water assessment shall at a minimum include the following information:

3.5.a.1. The location of all sampling sites shown on the proposal or drainage map;

3.5.a.2. Water quality descriptions including information on total suspended solids, total dissolved solids, specific conductance, pH, acidity, alkalinity, sulfates, total iron, total manganese and aluminum; provided, that correlation data from other monitoring which does not include one or more of the above parameters may be accepted; provided further, that a limited number of validation samples may be required; and

3.5.a.3. Water quantity descriptions, variation, usage and/or the elevation of water in test wells.

3.6. Cross-Sections.

3.6.a. Typical cross-sections shall be prepared which illustrate the configuration of the permitted area before, during and after quarrying.

3.7. Consolidation of Permits.

3.7.a. Multiple permits which are consolidated under one all inclusive permit shall be assigned the permit number of the most recently issued permit.

3.7.b. The anniversary date of the most recently issued permit being consolidated shall become the new date for permit renewal and submission of the annual Bonding Progress Report Map.

3.7.c. Upon approval of a modification to consolidate permits, those permits which have been absorbed shall be eligible for immediate release.

3.8. Special Land Use.

3.8.a. With the approval of the landowner, the director may authorize the retention of drainage structures, roads, buildings or other structures after final bond release.

3.8.b. With the approval of the landowner, the director may authorize, as a condition of a permit, the export of backfill material off the permitted area for beneficial purposes, or may authorize other beneficial uses of the operation, which are reasonable. Time limits shall be established for the completion of these special land uses. Drainage control may be required to minimize pollution.

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