Compliance Bulletins

Volume 7

  • Issue 1 - Electronic Submittal of Semi-Annual Fish Tissue Compliance Monitoring Report
    • January 17, 2020
    • Description: 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).
  • Issue 2 - HPU eDMR Not Constructed and Alternate Effluent Limits Code Clarification
    • January 17, 2020
    • Description: 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.
  • Issue 3 - Creating a PDF from an AutoCAD (DWG) File
    • March 12, 2020
    • Description: 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.
  • Issue 4 - SMA Groundwater Inventory Requirements
    • March 25, 2020
    • Description: 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.
  • Issue 5 - Coal Bed Methane Policy
    • March 26, 2020
    • Description: 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.
  • Issue 6 - Sampling of Groundwater Monitoring Sites
    • April 1, 2020
    • Description: 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.”
  • Issue 7 - OSMRE Approval of Amendments to WV Regulatory Program
    • April 3, 2020
    • Description: Office of Surface Mining Reclamation and Enforcement(OSMRE) Approval of Amendments to the West Virginia Regulatory Program.
  • Issue 8 - Common Semi-Annual Selenium Fish Tissue Compliance Monitoring & Reporting
    • April 13, 2020
    • Description: 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.
  • Issue 9 - Assessment Conferences via Microsoft Teams
    • June 14, 2020
    • Description: 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.
  • Issue 10 - Division of Mining and Reclamation Virtual Industry Training
    • August 12, 2020
    • Description: 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).
  • Issue 11 - EPA Termination of Temporary Advisory for NPDES Reporting
    • September 17, 2020
    • Description: 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. 
  • Issue 12 - Industry Training Reminder
    • October 28, 2020
    • Description: 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.

Volume 6

  • Issue 1 - Electronic Submittal of Pre-Subsidence Surveys (PSUB)
    • January 14, 2019
    • Description: 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.
  • Issue 2 - Intentionally Omitted
  • Issue 3 - Electronic Submittal of Adaptive Management Plans (AMP)
    • March 21, 2019
    • Description: The Division of Mining and Reclamation is pleased to announce the new AMP application type in the Electronic Submission System (eSS).
  • Issue 4 - Random Compaction Testing at Permitted Facilities
    • April 9, 2019
    • Description: 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. 
  • Issue 5 - Elimination of Paper Courthouse Copies of Pending Applications
    • September 27, 2019
    • Description: 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.

Volume 5

  • Issue 1 - DMR Submission Date Change
    • May 22, 2018
    • Description: 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.
  • Issue 2 - eDMR Alternate Limit Codes & Average pH Reporting
    • June 19, 2019
    • Description: 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...
  • Issue 3 - WV Selenium Chronic Aquatic Life Standard Implementation
    • September 14, 2018
    • Description: 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.
  • Issue 4 - MR-46 Roads and Ancillary Facilities Checklist
    • October 15, 2018
    • Description: 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.

Volume 4

  • Issue 1 - Electronic Submittal of Certifications via eSS
    • January 25, 2017
    • Description: 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.

Volume 3

Volume 2

  • Issue 1 - Explosive Products and Detonation Devices
    • September 9, 2015
    • Description: 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.
  • Issue 2 - NPDES Application Paper Reduction
    • September 10, 2015
    • Description: 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.
  • Issue 3 - NLEB Protection Plan for Mining Activities in West Virginia
    • November 10, 2015
    • Description: 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

Volume 1

  • Issue 1 - Biological Assessment Stations
    • October 14, 2014
    • Description: 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