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Cover
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Table of Contents
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General Information
Quarry Law and Regulations, Quarry Law and Regulations Index, Quarry Statute Table of Contents, Rules for Quarrying and Reclamation Table of Contents, Forms,
Filing fees, Advertisement Requirements, Bonding, Correction Procedure
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Section 1 - Administrative Extension
The Secretary may grant an administrative extension for the renewal of an existing permit for a period not exceeding one year.
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Section 2 - Agency Notification
Upon receipt of an application for a new quarry permit, a notice of intent to operate (underground mines with five acres or less surface disturbance) or major
modification of an existing permit, DEP will notify the affected agencies. All agencies with the authority to issue permits and licenses applicable to the
proposed quarrying operation will be notified.
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Section 3 - Appeals
If, during the review of a new application, the applicant disagrees with a decision of the director concerning application completeness or technical deficiencies, the applicant may, by
written notice, request a hearing within 30 calendar days of receipt of notice.
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Section 4 - Approved Persons
In order for a Professional Engineer (formerly Registered Professional Engineer) or a Professional Surveyor (formerly Licensed Land Surveyor) to become an Approved Person under the provisions
of Article 4 they must submit to the DEP the following...
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Section 5 - Blasting
WV Code 22-4-13(d) states that “The director shall propose legislative rules ...which shall provide for a warning of impending blast to owners, residents or other persons who may be present on
property adjacent to the blasting area.” WV Rules at 38-3-6.3 requires in part that “... prior to blasting operations, written notification of blasting operations...shall be delivered in person
or by certified mail to each residence and owners of protected structures, adjacent to any part of the proposed operation.”
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Section 6 - Bonding
Performance bond or contributions to the Bond Pooling Fund must be posted with each new permit. Contributions to the Bond Pooling Fund must be reviewed annually at the anniversary date of the
permit to determine if additional contributions to the Bond Pooling Fund are required. A permittee who qualifies for the Bond Pooling Fund must participate in the Fund.
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Section 7 - Buffer Zones
The director shall not give approval to quarry within one hundred feet of any public road, stream, lake, or state, national or interstate park or other public property, and shall not approve the
application for a permit where the quarry operation will cause adverse affects to these locations unless adequate screening and other measures approved by the director are to be utilized and the
permit application so provides...
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Section 8 - Coal Removal on Quarry
...coal removal is allowed on a quarry permit (no Article 3 permit required) as long as the tonnage of coal removal does not exceed sixteen and two-thirds percentage of the total minerals removed.
A quarry operator must demonstrate in the quarry application that the coal removed is incidental to the quarrying operations and does not exceed sixteen and two-thirds percent of the total minerals to be sold.
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Section 9 - Combining Permits
The combining of quarry permits can be accomplished through a permit modification. The most recently issued permit will be the host permit. 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. The remaining permits (guest) will be incorporated into the host permit and then go
through the release process described below...
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Section 10 - Culture and History (SHPO)
The West Virginia State Historic Preservation Office (SHPO) is authorized pursuant to Chapter 29, Article 1, Section 5 of the Code of West Virginia to review all undertakings permitted, funded,
licensed or otherwise assisted in whole or in part by the State in order to carry out its duties and responsibilities under State and Federal laws.
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Section 11 - Drainage
The West Virginia Quarry Rule 38-3-7.3a provides that diversion ditches above the highwall are not required, while 38-3-7.6a requires that all reasonable measures shall be taken to intercept all
undisturbed surface water to prevent water from entering the pit area.... An application that does not contain plans for intercepting the undisturbed water prior to entering the pit must include
within the narrative a discussion of pit control.
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Section 12 - Exemptions
Breaking of the ground surface in order to facilitate the extraction of regulated minerals and any activity constituting all or part of a process for mineral extraction or removal from their original
location requires a quarry permit from the DEP unless the activity meets the qualifications for an exemption under 22-4-29. The quarry permit must include adjacent areas ancillary to the operation,
including preparation and processing activities, storage areas and haulage ways, roads and trails. The term “quarrying” does not apply to manufacturing operations, including those operations adjacent
to the permitted area where manufacturing is conducted [22-4-3(20)].
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Section 13 - Fills
Temporary spoil storage areas constructed on slopes steeper than twenty (20) degrees shall be designed using those same requirements as permanent excess spoil disposal sites. Temporary spoil storage areas
that are in place and inactive for more than 12 months shall be stabilized and revegetated.
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Section 14 - Geology/Hydrology
22-4-5(c)(9), 22-4-8 and 38-3-10.b authorize overburden sampling and analysis and special handling of toxic overburden strata. The predominant and preferred method for collecting overburden samples is through
“hollow-stem” core drilling. “Highwall sampling” or similar methods can be approved on a case-by-case basis. “Air rotary” drilling and collection of “chip” samples is an inaccurate and imprecise method of
sampling and is not accepted.22-4-5(c)(9), 22-4-8 and 38-3-10.b authorize overburden sampling and analysis and special handling of toxic overburden strata. The predominant and preferred method for collecting
overburden samples is through “hollow-stem” core drilling. “Highwall sampling” or similar methods can be approved on a case-by-case basis. “Air rotary” drilling and collection of “chip” samples is an
inaccurate and imprecise method of sampling and is not accepted.
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Section 15 - Hearings
No public hearing is required for a notice of intent to operate an underground quarry with a surface disturbance less than five acres (22-4-6). Hearings may be requested for new permit or major
modifications of a permit and shall be submitted in writing and received by the DEP Secretary prior to the close of the public comment period. The protest must identify the company name and QMA
or permit number. In the event all parties requesting the public hearing stipulate agreement prior to the hearing and withdraw their request, a hearing need not be held. The Director, upon receipt
of comments expressing substantial new questions regarding the application, may reopen the public comment period. A final decision will be made within thirty days of the close of the public comment
period for a new permit application.
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Section 16 - Inactive Status
The request for Inactive Status must be submitted on a MR-14Q, “Application for Inactive Status of Quarry Permit” form and signed by a principal officer of the company and
shall certify or address the following points...