Compliance Bulletins

This compliance bulletin is intended to provide guidance for permits where a site-specific blast plan was not included in the original permit application. In this case, a site-specific blast plan will be made part of the permit via the submittal and approval of an Insignificant Permit Revision (REV) application, of the type “Blast Plan – Site Specific”, through the Electronic Submission System (eSS).

Regulations related to site-specific blast plans are:

Plans need to correlate and correspond with the latest approved blast map. Please contact Jim Ratcliff at Jim.E.Ratcliff@wv.gov with any questions.

House Bill 3189, the PFAS Protection Act was signed into law on March 28, 2023. The new law is designed to identify sources of perfluoroalkyl and polyfluoroalkyl substances (PFAS substances) discharged into source waters used for public drinking water.

As part of this legislation, and to address sources of PFAS substances in public water systems, facilities using PFAS chemicals are required to report their use to the DEP by December 31, 2023.

Facilities required to report usage to the DEP are ones that discharge to a surface water under a NPDES permit or that discharge to a Publicly Owned Treatment Works which knowingly use or have used one or more of the PFAS chemicals in their production process since January 1, 2017.

PFAS chemicals addressed in the legislation are “any PFAS chemicals found in any public water system’s raw water source in the USGS study”. More details on reporting requirements, the language of the law, and a list PFAS chemicals can be found on subsequent pages of this compliance bulletin.

Please submit reports to Melissa Johnson at Melissa.K.Johnson@wv.gov in the Division of Mining and Reclamation.

If you have any questions related to your need to report please contact Scot Mandirola, Deputy Cabinet Secretary, West Virginia Department of Environmental Protection at (304) 926-0499.

The purpose of this compliance bulletin is to communicate the passage of SB279 and the subsequent changes to 47 CSR 30B: Administrative Proceedings and Civil Penalty Assessment.

The Division of Mining and Reclamation is pleased to announce the new Cease Operator Assignment (19N) submittal type in the Electronic Submission System ( eSS).

The purpose of this bulletin is to clarify/correct the instructions given in previously issued Compliance Bulletin Vol 8 Issue 8 dated December 14, 2021.

The purpose of this compliance bulletin is to communicate the passage of HB 4488 which is a bill to amend §22-11-10 of the West Virginia Code relating to coal mining operations, permitting, and fees paid to the WVDEP.

The annual ARRI Mine Land Reforestation Conference will take place in Elkins, West Virginia, on August 17-18, 2022.

The Division of Mining and Reclamation (DMR) will be conducting random compaction testing, at permitted coal refuse impoundments throughout the State, over the next several weeks. The purpose of the testing is to provide independent verification of the construction specifications associated with the coal refuse disposal permit.

The Division of Mining and Reclamation (DMR) will be conducting Virtual Industry Training on September 29, 2022, at 8:30 am.

The Division of Mining and Reclamation (DMR) will be conducting Virtual Industry Training on November 29, 2022, at 8:30 am.

April 5, 2021
West Virginia Department of Environmental Protection - Division of Mining and Reclamation is please to announce the new QWMR submittal in the Electronic Submission System (eSS).

April 21, 2021
West Virginia Department of Environmental Protection - Division of Mining and Reclamation has revised the eMap Data Requirement for the eMap Section in eSS.

May 14, 2021
West Virginia Department of Environmental Protection - Division of Mining and Reclamation is pleased to announce the ESMR electronic submittal type in the Electronic Submission System (eSS).

May 27, 2021
West Virginia Department of Environmental Protection - Division of Mining and Reclamation is pleased to announce the new Electronic Submittal type in eSS. The RGD can be found in the the Mining and Reclamation (OMR) DEP Office preference of eSS.

June 1, 2021
West Virginia Department of Environmental Protection - Division of Mining and Reclamation is pleased to announce the new Electronic Submittal type in eSS. The SWORA can be found under the Mining and Reclamation (OMR) DEP Office preference.

June 1, 2021
The Division of Mining and Reclamation will be conducting Virtual Industry Training in 2021. The session will be conducted using Microsoft Teams and will count as four (4) Professional Development Hours (PDH).

June 22, 2021
With the mask mandate lifed, in-person assessment confences will once again be available. The purpose of this compliance bulletin is to inform operators that they have an option as to whether they want to participate in assessment conferences remotely, via a virtual platform, or attend in person in the regional offices. When requesting a conference, operators will indicte their preference.

December 14, 2021
This purpose of this bulletin is to prevent false Significant Noncompliance violations, currently being generated in the U.S. Environmental Protection Agency database, for Discharge Monitoring Report Nonreceipt.

January 17, 2020
West Virginia Department of Environmental Protection – Division of Mining and Reclamation is pleased to announce the new FTC submittal type in the Electronic Submission System (eSS).

January 17, 2020
West Virginia Department of Environmental Protection – Division of Mining and Reclamation, HPU Section is sending this compliance bulletin to clarify codes used in HPU eDMRs that relate to Not Constructed and Alternate effluent Limits.

March 12, 2020
West Virginia Department of Environmental Protection – Division of Mining and Reclamation, has developed directive on easily creating a PDF from an AutoCAD (DWG) file. The purpose of this directive is to eliminate common map viewing problems, decrease the file size of attachments, and to cut down on mapping related corrections. When uploading PDF maps into applications via the Electronic Submission System (eSS) please reference the directive located on page 2 of this compliance bulletin.

March 25, 2020
Surface Mining Application (SMA) Groundwater Inventory Requirements: Attachment J-2. At this time, to prevent the spread of COVID-19 and comply with the Center for Disease Control’s recommendation of “social distancing,” a Groundwater Inventory (Attachment J-2) is not required to be part of a Surface Mine Application for it to be deemed administratively complete per §38CSR2-2.9. The Groundwater Inventory will be submitted prior to the application being deemed technically complete. A complete and accurate Groundwater Inventory is required to be part of the Surface Mine Application prior to final decision.

March 26, 2020
Coal Bed Methane Policy Revision to Division of Mining and Reclamation Permitting Handbook The Coal Bed Methane policy in the Division of Mining and Reclamation’s Permitting Handbook has been revised effective March 23, 2020. The purpose of this revision is to address methane flaring operations from underground coal mines permitted pursuant to the West Virginia Surface Coal Mining and Reclamation Act (SCMRA). The revised policy can be found in the Permit Application section on page fifty of the Handbook. This policy applies only to West Virginia SCMRA permits. Permits issued by other WVDEP Divisions/Offices may be required prior to commencing methane flaring operations.

April 1, 2020
Sampling of “During-Mining”Groundwater Monitoring Sites at Occupied Dwellings. This Division of Mining and Reclamation compliance bulletin is to provide guidance on the sampling frequency of “during-mining” groundwater monitoring sites, at occupied dwellings. This is being done to help prevent the spread of COVID-19 and to comply with the Centers for Disease Control’s recommendation of “social distancing.”

April 3, 2020
Office of Surface Mining Reclamation and Enforcement(OSMRE) Approval of Amendments to the West Virginia Regulatory Program.

April 13, 2020
Common Semi-Annual Selenium Fish Tissue Compliance Monitoring and Reporting Questions and Errors. The purpose of this compliance bulletin is to provide clarification on Selenium Fish Tissue Compliance Monitoring and Reporting.

June 14, 2020
The purpose of this compliance bulletin is to provide instruction and guidance on how to participate in assessment conferences remotely using Microsoft Teams (Teams). The Division of Mining and Reclamation (DMR) will be conducting all assessment conferences remotely due to the COVID-19 pandemic and the continued need for social distancing.

August 12, 2020
The Division of Mining and Reclamation will be conducting two Virtual Training Sessions in 2020. Each session will be conducted using Microsoft Teams and will count as four (4) Professional Development Hours (PDH).

September 17, 2020
EPA Advisory on the use of the "No Date Indicator (NODI)" Code Z where data has not been submitted due to COVID-19 related issues.

October 28, 2020
Just a reminder, the Division of Mining and Reclamation (DMR) will be conducting the last of the Virtual Training Sessions on November 12, 2020 at 9:00 am.

January 14, 2019
The Division of Mining and Reclamation is pleased to announce the new PSUB electronic application type in eSS under the Mining and Reclamation (OMR) DEP Office preference.

March 21, 2019
The Division of Mining and Reclamation is pleased to announce the new AMP application type in the Electronic Submission System (eSS).

April 9, 2019
The Division of Mining and Reclamation (DMR) will be conducting random compaction testing, at permitted refuse impoundments throughout the State, over the next several weeks. The purpose of the testing is to provide independent verification of the construction specifications associated with the refuse disposal permit.

September 27, 2019
West Virginia Department of Environmental Protection – Division of Mining and Reclamation is pleased to announce that all pending applications will be viewable, on the internet, via a web address provided in the public notice. This web address can be accessed by any computer with internet access, regardless of location.

May 22, 2018
Currently National Pollution Discharge Elimination System (NPDES) permits require that Discharge Monitoring Reports, (DMRs) be filed on or before the 20th day of the month following the end of the monitoring period specified in the permit. As of April 1, 2018, the Department of Environmental Protection, Division of Mining and Reclamation (DEP DMR), will now require filing of DMRs for NPDES permits on or before the 25th day of the month following the end of the monitoring period. NPDES permits issued, modified, or reissued after that date will reflect this change.

June 19, 2018
In order to address eDMR program coding being mis-read by the EPA ICIS database, the following coding will be required on both File Upload and Manual Entry eDMRs.

September 14, 2018
In order to develop protective permit limits for selenium, a bioaccumulation factor (BAF) for specificwater bodies may be obtained using selenium fish tissue concentration along with water column selenium information.

October 15, 2018
In order to take a more proactive approach to prevent off-site impacts from roads and ancillary facilities, the MR-46 Roads and Ancillary Facilities Checklist is designed to assist Inspection and Enforcement personnel in identifying violations before off-site impacts occur.

January 25, 2017
The Division of Mining and Reclamation is pleased to announce the new eCertification (eCert) available in eSS. eCertallows for preparation, upload and submittal of initial, quarterly, annual and final certifications of MR13, MR13B, MR13C,MR13R and MR29s to the Division via eSS.

August 26, 2016
In an effort to reduce paper usage and costs, The West Virginia Department of Environmental Protection (WVDEP) Division of Mining and Reclamation(DMR) no longer requires the submittal of paper certified maps and paper applicant certifications for eSS applications.These procedures as well as the additional following items will reduce efforts and expense for WVDEP as well as the regulated community.

December 27, 2016
The Division of Mining and Reclamation is pleased to announce the publishing of a new and improved Permitting Handbook.

September 9, 2015
In regard to obtaining approval of explosive products and detonation devices for use on surface coal mines and quarries, Chapter 22, Article 4, Section 13 of the state code, and Title 199, Series 1, Section 3.2 of the state rules, require a permittee to obtain approval of the type of explosives and detonation equipment to be used on the permit.

September 10, 2015
In effort to reduce paper usage and costs, The West Virginia Department of Environmental Protection (WVDEP) Division of Mining and Reclamation will no longer require paper maps and signature pages to be submitted for NPDES applications. These procedures will reduce efforts and expense for WVDEP as well as the regulated community.

November 10, 2015
On April 2, 2015, the United States Fish and Wildlife Service (USFWS) finalized the listing determination for the northern long-eared bat (Myotis septentrionalis) (NLEB); the species was designated as “threatened” under the Endangered Species Act (ESA) with a 4(d) status. This letter, in accord with the 1996 Biological Opinion and Conference Report (’96 BO) provided by the USFWS to the United States Office of Surface Mining (OSM) and the Endangered Species Act of 1973 (ESA), concerns “take” of threatened and endangered species on mine sites. Further, the following directives apply only to permitted and proposed areas containing suitable habitat for the NLEB.

October 14, 2014
In regard to WVDEP (DMR) policy of annual biological monitoring and associated quarterly water chemistry monitoring at Biological Assessment Stations (BAS), which are assigned in accordance with the Permitting Guidance for Surface Coal Mining Operations to Protect West Virginia’s Narrative Water Quality Standards, 47 C.S.R. 2 §§ 3.2.e and 3.2.i (Narrative Guidance), the WVDEP (DMR) is issuing the following clarification.