West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02 - West Virginia Surface Mining Reclamation Rule › Section 38-2-24 - Exemption for Coal Extraction Incidental to Extraction of Other Minerals

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Exemption
				determination. The term other minerals as used in this section means any
				commercially valuable substance mined for its mineral value, excluding coal,
				topsoil, waste and fill material. No later than 90 days after filing of an
				administratively complete request for exemption, the Secretary shall make a
				written determination whether, and under what conditions, the persons claiming
				the exemption are exempt under this section, and shall notify the person making
				the request and persons submitting comments on the application of the
				determination and the basis for the determination. The determination of
				exemption shall be based upon information contained in the request and any
				other information available to the regulatory authority at that time. If the
				Secretary fails to provide a determination as specified in this section, an
				applicant who has not begun extraction may commence pending a determination
				Unless the Secretary issues an interim finding, together with reasons,
				therefore, that the applicant may not begin coal extraction. Any person
				adversely affected by a determination of the Secretary pursuant to this section
				may file an appeal only in accordance with the provisions of article one,
				chapter twenty-two-b of this code, within thirty days after receipt of the
				determination. The filing of an appeal does not suspend the effect of the
				determination.
24.2. Contents of
				request for exemption. An request for exemption shall be made part of a
				quarrying application and shall include at a minimum:
24.2.a. The names and business address of the
				requestor to include a street address or route number;
24.2.b. A list of the minerals to be
				extracted;
24.2.c. Estimates of
				annual production of coal and the other minerals over the anticipated life of
				the operation;
24.2.d. A reasonable
				estimate of the number of acres of coal that will be extracted;
24.2.e. Evidence of publication of a public
				notice for an application for exemption. The notice that an application for
				exemption has been filed with the Secretary shall be published in a newspaper
				of general circulation in the county in which the operation is located and
				shall be published once and provide a thirty day comment period. The public
				notice must contain at a minimum:
24.2.e.1.
				The quarrying number identifying the operation;
24.2.e.2. A clear and accurate location map
				of a scale and detail found in the West Virginia General Highway Map. The map
				size will be at a minimum four inches (4") x four inches (4"). longitude and
				latitude lines and north arrow will be indicated on the map and such lines will
				cross at or near the center of the quarrying operation;
24.2.e.3. The names and business address of
				the requestor to include a street address or route number;
24.2.e.4. A narrative description clearly
				describing the location of the quarrying operation;
24.2.e.5. The name and address of the
				Department of Environmental Protection Office where written comments on the
				request may be submitted;
24.2.f. geologic cross sections, maps or
				plans of the quarrying operation determine the following information:
24.2.f.1. The locations (latitude and
				longitude) and elevations of all bore holes;
24.2.f.2. The nature and depth of the various
				strata or overburden including geologic formation names and/or geologic
				members;
24.2.f.3. The nature and
				thickness of any coal or other mineral to be extracted;
24.2.g. A map of appropriate scale which
				clearly identifies the coal extraction area versus quarrying area;
24.2.h. A general description of coal
				extraction and quarrying activities for the operation;
24.2.i. Estimated annual revenues to be
				derived from bona fide sales of coal and other minerals to be
				extracted;
24.2.j. If coal or the
				other minerals are to be used rather than sold, estimated annual fair market
				values at the time of projected use of the coal and other minerals to be
				extracted;
24.2.k The basis for all
				annual production, revenue, and fair market value estimates;
24.2.l. A summary of sale commitments and
				agreements, if any, that the applicant has received for future delivery of
				other minerals to be extracted from the mining area, or a description of
				potential markets for the other minerals;
24.2.m. If the other minerals are to be
				commercially used by the applicant, a description specifying the use;
				and
24.2.n. Any other information
				pertinent to the qualification of the operation as exempt.