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 38-2-15 - Performance Standards Applicable Only to Underground Mining Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Site
				Development.
15.1.a. Time Schedule for Site
				Excavation. The time schedule for site excavation shall be consistent with the
				approved preplan and shall provide for minimum exposure of disturbed area over
				a given time frame in a manner consistent with environmentally sound
				procedures. Regrading and stabilization of all areas disturbed in the
				development of the mine site shall proceed as contemporaneously as practicable.
				In any event, all required drainage system components and roads necessary for
				site construction shall be installed in accordance with the approved preplan
				prior to any disturbance for site development.
15.1.b. Temporary Storage of Overburden to be
				Used for Backfilling and Regrading. All material to be used in final regrading
				must be placed within the permit area as specified in the approved plan in a
				manner which will insure mass stability in accordance with this rule and
				revegetated to prevent erosion.
15.1.c. Temporary Revegetation. All topsoil
				and spoil storage areas which will be in place for more than six (6) months but
				less than one (1) year shall at a minimum be seeded and mulched so as to
				establish a satisfactory stand of temporary vegetative cover. This seeding and
				mulching must be done promptly.
15.1.d. Permanent Revegetation. All topsoil,
				spoil storage and other disturbed areas which will be in place for longer than
				one (1) year shall be mulched promptly, seeded, and/or planted during the first
				seeding season following disturbance so as to establish a satisfactory
				permanent vegetative cover. Trees shall be required only on those areas that:
15.1.d.1. Will not be redisturbed by future
				reclamation activities; or
15.1.d.2. Are necessary in order to meet the
				approved postmining land use.
15.1.e. Mine Site Organization and
				Aesthetics. Indiscriminate dumping or discarding of materials, litter, junked
				equipment, containers, or other waste materials such as lubricants, paints,
				flammable liquids, garbage, lumber or other combustible material generated or
				used shall be prohibited. These materials shall be properly placed in areas
				specifically designated for their storage or disposal or removed from the area.
				Regrading and revegetation of the disposal areas shall be planned and carried
				out where possible in a manner which results in the covering or screening of
				offensive and unsightly areas.
15.1.f. Noncoal waste disposal sites shall:
15.1.f.1. Be designed and constructed so as
				not to degrade surface or groundwaters;
15.1.f.2. Not be located within eight (8)
				feet of any coal outcrop or coal storage area;
15.1.f.3. Not be deposited in a refuse pile
				or impounding structure;
15.1.f.4.
				Be compacted; and
15.1.f.5. Be
				covered with at least two (2) feet of soil, stabilized, and revegetated after
				completion.