reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-14 - Annual Bonding Progress Report Map and Permit Renewals

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Annual Bonding Progress Report Map. -
				At least thirty days prior to the anniversary date of the permit issuance, the
				permittee shall provide the Secretary a Bonding Progress Report Map showing,
				with a reasonable degree of accuracy, the acreage of land currently disturbed,
				the acreage of land which is reclaimed and the estimated acres of land to be
				newly disturbed during the next ensuing year. The map shall be prepared by a
				registered professional engineer, licensed land surveyor, or an approved person
				and the accuracy verified by the Secretary. Aerial photographs may be
				substituted if all of the information required by this paragraph can be
				accurately shown. The map or aerial photograph shall be used by the Secretary
				to compute bond or bond pooling fund adjustments. For the purpose of this
				section "reclaimed" quarry land means those areas which meet bond release
				requirements. When no additional land has been disturbed by operations during
				the preceding year and the prior annual Bonding Progress Report Map or aerial
				photograph is still up to date, in lieu of the map, the operator may provide a
				signed statement regarding the status of the operation to the
				Secretary.
14.2. Permit Renewal -
				Each quarrying and reclamation plan shall be reviewed at the time of permit
				renewal to ensure compliance with the requirements of W. Va. Code §22-4,
				this rule, and permit conditions. Consideration should be given to those areas
				which were permitted, but not disturbed prior to the effective date of this
				rule in allowing reasonable time to bring these areas into compliance. Areas
				that were permitted, disturbed, and properly stabilized prior to the effective
				date of this rule will not be required to be reaffected.
14.3. After the effective date of W. Va. Code
				§22-4, all permits shall be renewed on the anniversary date of the permit
				issuance for a period of five (5) years.
14.4. Each request for a permit renewal shall
				be submitted on forms prescribed by the Secretary and shall contain a sworn
				statement as follows: "The information contained in this application is true
				and correct to the best of my knowledge and belief.", and shall be signed by a
				principal officer of the applicant and shall be notarized.
14.5. Each renewal application shall include
				four (4) copies of a progress map prepared consistent with the provisions of W.
				Va. Code §
									22-4-18(g). This
				map shall serve as the Annual Bonding Progress Report Map for that year. The
				map shall reflect all previous permit modifications, shall indicate the acres
				permitted, disturbed, and reclaimed and shall become the new map of
				record.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-15 - Permit Modifications

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Each request for a permit modification shall be submitted on forms prescribed
				by the Secretary which shall be signed by a principal officer of the
				applicant.
15.2. The Secretary may
				require reasonable modifications to mining permits where such modifications are
				necessary to assure compliance with the Act and this rule; provided, that the
				Secretary shall notify the permittee that such modifications are necessary and
				shall provide a reasonable time for compliance.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-16 - Inspection and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Inspection Frequencies. -- The Secretary shall inspect each active operation at
				least once every calendar quarter. Operations with approved inactive status
				shall be inspected at least once every six (6) months. More inspections may be
				conducted as necessary to ensure compliance.
16.2. Compliance Conference. -- A permittee
				may request an on-site compliance conference to review the status of any
				condition or practice at any quarrying or reclamation operation. Any compliance
				conference shall not constitute an inspection within the meaning of W. Va. Code
				§
									22-4-24 and this section. The
				Secretary may accept or refuse any request to conduct a compliance conference.
				If accepted, an authorized representative of the Secretary shall conduct the
				compliance conference and shall review conditions and/or practices at the
				operation in order to advise whether any conditions and/or practices has a
				potential to become a violation of the Act, this rule or any applicable permit
				condition. Neither the holding of a compliance conference or any opinion given
				by the authorized representative of the Secretary at a conference shall affect:
16.2.a. Any rights or obligations of the
				Secretary or the permittee with respect to any enforcement action, whether
				prior or subsequent to the compliance conference; or
16.2.b. The validity of any enforcement
				action taken with respect to any condition or practice reviewed at the
				compliance conference.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-17 - Final Release of Bond or Bond Pooling Fund, Final Inspection Report

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Upon
				completion of the required reclamation, and after the requirements of the
				permit have been fully complied with, the permittee shall submit to the
				Secretary a request for release of the bond or contributions to the bond
				pooling fund. In no instance shall the request for release be made until the
				vegetation meets the appropriate evaluation standards in section 10 of this
				rule.
17.2. The release request
				shall be on forms prescribed by and furnished by the Secretary.
17.2.a. The request for release shall include
				the following:
17.2.a.1. Accurate final
				map(s)or aerial photograph(s) in accordance with Section 11 of this
				rule;
17.2.a.2. Appropriate
				requests for special land use;
17.2.a.3. A certificate of publication of a
				Class 1 legal advertisement; and
17.2.a.4. Proof of notification to the
				surface owner(s).
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules establish general and specific rules for design, placement,
				construction, enlargement, repair, removal, or abandonment of dams in this
				State that are also regulated under West Virginia Surface Mining Reclamation
				Control Act 22-3 and West Virginia Surface Mining Reclamation Rules 38 CSR 2 by
				the Department of Environmental Protection, Division of Mining and
				Reclamation.
1.2. Authority. --
				These rules are issued under the authority of Article 14, Chapter 22, Code of
				West Virginia.
1.3. Filing Date. --
				March 25, 2003.
1.4. Effective
				Date. -- June 1, 2003.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Abandonment"
				means to render a dam non-impounding by eliminating the reservoir created by
				that dam and by re-establishing the natural drainage around or through that
				site.
2.2. "Appurtenances" means
				any ancillary part of a dam or reservoir system which contributes to the
				operation and construction of the dam.
2.3. "Breach" means partial removal of a dam,
				creating a channel through the dam.
2.4. "Bridge" means a structure, including
				any abutments or supports appurtenant to that structure, which:
2.4.a. meets the definition of "dam" set
				forth in Section 2.7 of these rules;
2.4.b is constructed across a natural drain
				way for the purpose of maintaining a pathway, railway, roadway support
				structure or other static or moving loads and;
2.4.c. has an opening under the structure to
				provide for the passage of normal stream flow.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-3 - Classification of Dams

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Types of
				Dams.
3.1.a. Embankment dams are usually
				constructed of material which exhibits rock-like or soil-like
				properties.
3.1.b. Coal waste
				disposal dams are usually constructed of coal refuse and are utilized for
				impoundment of coal slurry from coal preparation plants.
3.1.c. Road Fills: If the secretary finds
				that a road fill has become a hazard to human life or property through the
				frequent or continuous impoundment of water, he or she may order the owner of
				that road fill to take all steps that are necessary to protect life or property
				in accordance with the emergency powers provided under W. Va. Code §
										22-14-10.
3.1.c.1. A certificate of approval will not
				be required for road fills.
3.1.d. Bridges: If the secretary finds that a
				bridge has become a hazard to human life or property through the frequent or
				continuous impoundment of water, he or she may order the owner of that bridge
				to take all steps that are necessary to protect life or property in accordance
				with the emergency powers provided under W. Va. Code § 22-14.10.
3.1.d.1. A certificate of approval will not
				be required for bridges.
3.1.e. Stream Encroachments: If the owner
				proposes to restrict a natural drain way by filling or by other artificial
				means such that restriction can or will impound water, and the fill and
				resulting reservoir will meet the height and storage requirements of a 'dam' as
				defined in these rules, the owner is responsible for obtaining a certificate of
				approval prior to its placement.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-4 - Certificate of Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Certificate Required: The owner must obtain a certificate of approval from the
				Secretary in order to place, construct, enlarge, alter, breach, remove,
				abandon, perform major repairs upon any dam that falls within the definition
				set forth in Section 2.7 of these rules. A certificate of approval shall be
				required on sale or transfer of a dam by the owner of the dam to the new
				owner.
4.2. Certificate of Approval
				Issuance.
4.2.a. Certificate of approval may
				constitute full and final approval of a dam or be issued for alterations or
				repairs, in which case such certificate may or may not constitute final
				approval of the dam.
4.2.b. The
				Secretary may issue or deny issuance of a certificate of approval based upon
				the following:
4.2.b.1. The receipt of a
				complete application, including all applicable fees, in accordance with
				provisions of Section 5.1 of these rules;
4.2.b.2 The review of the application form
				and plan package for sufficiency and;
4.2.b.3. The results of any hearing held in
				accordance with provisions of W. Va. Code §
											22-14-7.
4.2.c. Defective applications will
				be returned to the applicant in order that the applicant may correct any
				deficiencies. The applicant must send a corrected application to the Secretary
				within thirty (30) days of the date of the applicant's receipt of the returned
				application. The Secretary may extend the thirty-day period upon the receipt of
				a written request from the applicant.
4.2.d. Upon receipt of written approval from
				the Secretary of the sufficiency of the application, the applicant shall
				immediately publish a Class 1 legal advertisement in a qualified newspaper, as
				defined in W. Va. Code §
										59-3-1,
				serving the county in which the proposed dam is to be located or in which the
				existing dam is located. Such notice shall include the name and address of the
				applicant the location of the dam for which the application was filed, and such
				other information as may be specified by the Secretary in his written
				approval.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-5 - Application Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Application Preparation and Submission.
5.1.a.
				Applications for a certificate of approval will be prepared by or under the
				direct supervision of an engineer.
5.1.b. Application for certificate of
				approval shall be submitted in a form prescribed by the Secretary. The
				application shall be signed by the applicant and an engineer.
5.1.c. A complete application will consist of
				a completed and signed application form, applicable fees, design report and a
				plan package containing information required under Section 6.4 of these
				rules.
5.1.d. Plans, design report,
				specifications and design drawings shall be signed and sealed by an engineer in
				accordance with the provisions of Section 6.2 of these rules.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-6 - Plans and Specifications

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Plans and Specifications: Plans and specifications relating to the design,
				placement, construction, enlargement, alteration, removal, abandonment, or
				repair of a dam must be prepared in accordance with the requirements of Section
				6 through 12 of these rules.
6.2.
				Engineers' Signature and Seal: All plans and specifications shall be signed and
				sealed by an engineer, the engineers' signature and seal are required on each
				plan sheet and front page of engineering report.
6.3. Standard Practices: All engineering
				designs, procedure processes, and analysis shall be based upon standard
				accepted, and sound engineering practices. Practices which are questionable or
				difficult to prove analytically may be rejected by the Secretary or returned
				for additional information.
6.4.
				Plan Package: Each plan package submitted for approval shall contain the
				following information, arranged in the following order:
6.4.a. Project Narrative: A general narrative
				discussion of the project shall be included in the plan package and detail the
				following:
6.4.a.1. Existing site
				conditions;
6.4.a.2. Local geology
				and geotechnical considerations;
6.4.a.3. Design life of dam and its
				appurtenances;
6.4.a.4. Subsidence
				potential;
6.4.a.5. Design
				techniques with associated design computations and data;
6.4.a.6. Environmental protection measures
				for the control of erosion and sedimentation and for the disposal of
				construction wastes;
6.4.a.7.
				Method of construction, including clearing and grubbing, topsoil stockpiles,
				surface and subsurface drainage structures;
6.4.a.8. Phases of construction,
				and
6.4.a.9. Routine inspection and
				maintenance procedures and schedules.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-9 - Breakthrough Potential Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Where there has been underground mining
				in the vicinity of the dam and impoundment storage areas, a breakthrough
				potential evaluation of the impoundment into underground workings shall be
				required.
9.2. No application for
				certificate of approval for a dam will be approved unless the applicant has
				provided a design to prevent a breakthrough to above and below drainage
				underground mine workings. All barriers and mine seals shall be designed and
				constructed to withstand maximum hydraulic head of water that is likely to be
				developed as a result of breakthrough. All auger holes shall be stowed or
				plugged to prevent breakthrough to adjoining underground workings.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-10 - Geotechnical Considerations

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Geotechnical Investigation: A geotechnical investigation shall be performed for
				each site. The subsurface investigation shall be performed by a registered
				professional engineer or engineering geologist. The number, location, and depth
				or borings, test pits, and/or trenches shall be reasonable for the size,
				purpose, soils present, and foundation type of the structure. The investigation
				shall consider depth of soil to bedrock, field classification of soils,
				character of bedrock, in site testing, soil sampling, determination of
				groundwater flow and location of seeps and springs, and a soil profile for
				critical locations in the structure, hydraulic structures and after pertinent
				locations which may affect the safety of the structure. The number, depth and
				location of boreholes shall be based on the quantity of material to be
				impounded and subsurface conditions. A geologic study shall be also conducted
				for impounding structures to evaluate landslides into the impoundment, bedrock
				discontinuities such as soft seams, joints, joint systems, bedding planes and
				fault zones which may adversely affect the structure's performance. Past and
				future mining to include height of seam, depth and cover rock of the seam.
				Where underground mining has been done in the past and reliable maps are not
				available, additional investigation including geophysical surveying and mapping
				techniques including bore scope observations may be required.
10.1.a. Laboratory tests shall be conducted
				on all foundation and embankment materials to include soil classification
				through grain size analysis hydrometer analysis, Atterberg limits, density,
				water content, compaction tests, shear strength, consolidation, and
				permeability unless the scope, characteristics, or design concept of the site
				make one or more of these requirements unnecessary. Compaction and proctor
				curves shall be developed for all fill materials as appropriate.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-11 - Structural Considerations

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				All structures shall be designed to perform as intended for the design life of
				the dam with proper maintenance or replacement.
11.1.a. Structural materials: Materials
				selected for use in dam construction shall be of adequate quality and
				durability for the intended purpose of the structure. All structures shall be
				designed to have sufficient strength plus an adequate safety factor against
				failure during maximum anticipated loading conditions.
11.1.b. Earth materials: Earth materials
				selected for use in dam construction shall be free from roots, brush, organic
				materials, construction waste, and other debris. Where rock or rock fill is
				specified, the rock shall be durable and not subject to slaking or breaking.
				Size gradations of the earth materials shall be specified to perform as
				planned. Compaction requirements for earth materials shall be specified in the
				plan package.
11.1.c. The
				application shall specify the nature of concrete to be used with sufficient
				detail for on-site quality control. The concrete will be of specific mix, water
				content, additives, compressive strength, slump, and air entrainment or by
				reference to specific standards of concrete quality. If published standard
				specifications are referenced, a copy of the standard or pertinent sections of
				the standard shall be included in the plan package.
11.1.d. The application shall specify methods
				and limits of placement of concrete including foundation preparation, maximum
				lift height, maximum time allowed between mixing and placement, methods of
				working into forms and corners, methods of consolidation and use of vibratory
				devices, and alliable ambient air temperatures and concrete
				temperatures.
11.1.e. The
				application shall specify the method of curing the concrete, wetting, types of
				covering acceptable curing temperature range, any anticipated cold weather
				curing specifications or methods such as protection from freezing and
				insulation methods, hot weather placement methods and curing time.
11.1.f. The application shall specify the
				type of finishing to be applied to the concrete and the acceptable temperature
				range.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-12 - Construction or Modification of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Notification of Commencement of
				Construction: Prior to the commencement of construction activities in the
				project area, the person who has been issued a certificate of approval, or his
				representative, shall notify the Secretary of the following:
12.1.a. The intent of the contractor to start
				construction in the project area and the date of such start-up.
12.1.b. The name, address, and telephone
				number of the owner's authorized contact person at the project-area who is
				responsible for communicating with the Secretary's regional dam control
				representative and for receiving inspection reports and legal
				notifications.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-13 - Blasting

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Blasting is
				to be done in accordance with the applicable rules and approved plans and
				specifications. If unforeseen conditions are encountered in the project area
				and blasting is required in areas not covered in the approved plan package, an
				approval for blasting in those areas will be required from the Secretary's
				authorized representative. The blasting plan shall explain how the applicant
				will comply with blasting requirements of the WVSCMRA 22-3 Act, WVSMRR, and the
				terms and conditions of the permit. This plan shall include, at a minimum,
				information setting forth the limitations the operator will meet with the
				ground and air blast vibrations, the basis for those limitations, and the
				methods to be applied in controlling the adverse effects of blasting
				operations.
13.2. Blast Record: A
				blasting record shall be maintained at the site in accordance with the
				applicable rules.
13.3. Seismic
				monitoring of ground vibrations shall be conducted if there is any surface
				mining or construction blasting within 8 of a mile of the dam.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-14 - Storm Water Discharge

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				sequence of construction work shall be planned to maximize the safe discharge
				of storm water while minimizing the amount of water retained in the
				impoundment. Either the principal spillway structures, including inlets and
				outlets, shall be operable prior to placement of construction material above
				the original valley elevation or diversion channels as required under 38CSR 2
				Section 5.3 of WV Surface Mining Reclamation Rules will be in place.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-15 - Erosion and Sediment Control

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Erosion and sedimentation must be
				controlled to prevent a degradation of land and streams below the dam or
				project area to prevent any violation of state water quality standards. Erosion
				and sediment control measures shall, at the minimum, conform with current
				erosion and sediment control manuals and apply to the entire project
				area.
15.2. Temporary seeding and
				mulching shall be utilized on areas where no construction activity is
				anticipated for a period of three (3) or more weeks.
15.3. Water Routing: Water that is pumped or
				drained from work areas such as excavations and foundations must be routed to
				properly sized sediment control devices so that any sediment contained in water
				is removed prior to discharge of the water from the project area. Pump
				discharges may not cause erosion or suspension of additional solids. No
				untreated water may be pumped or drained to the natural stream or stream
				diversion channel.
15.4. Permanent
				Erosion measures: Permanent measures e.g. Vegetation, grading, diversion
				waterways and outlet structures all be included on all completed or existing
				dams, where applicable to prevent the erosion of embankments, abutments, stream
				channels and waterways during the life and operation of the dam.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-16 - Disposal of Construction Wastes

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. All surplus soil and rock materials
				shall be deposited in waste disposal areas delineated in the approved
				plans.
16.2. Trees, brush, roots
				and construction related wood materials may be either buried in waste disposal
				areas delineated in the approved plan package.
16.3. New or old waste concrete materials may
				be disposed of in areas approved by the Secretary for surplus soil and rock
				materials. Chemicals, petroleum products, plastics, garbage, sewage sludge and
				any associated containers shall be disposed of in a manner approved by the
				Secretary.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-17 - Dust Control

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Dust
				shall be suppressed on haul and access roads and as necessary within the
				project area. Water, or an alternative dust palliative approved by the
				Secretary shall be used for dust suppression, the use of oil and waste oil is
				prohibited.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-18 - Construction Quality Control

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				All construction activities shall be monitored by owners' engineer or his
				designated representative. Construction monitoring shall not be the
				responsibility of the construction contractor.
18.2. The owners' engineer will be
				responsible for assessing the quality of workmanship and ascertaining
				compliance with approved plans and specifications. Secretary's representatives
				will also monitor construction activities and workmanship in order to ascertain
				compliance with approved plans and specification in accordance with provisions
				of W. Va. Code § 20-5D-9.
18.3. Critical phases of construction shall
				be monitored by the engineer or his designated representative constantly during
				active construction, non-critical phases of construction shall be checked at
				least once per day during active construction.
18.4. Additional supervision or testing will
				be required by the Secretary if evidence of inadequate construction supervision
				exists.
18.5. Routine tests of
				slump, air entertainment and temperature shall be performed as specified in the
				approved plan. Cylinder samples for compression testing shall be taken each day
				for every 25 cubic yards of delivered concrete; whichever is more frequent
				unless otherwise required by the Secretary.
18.6. Earth fill materials shall be tested
				for compaction and moisture content every alternate layer or each one thousand
				(1000) cubic yards, whichever is more frequent. Random fill shall be evaluated
				for compliance with approved gradation specifications. Critical fill areas
				shall have gradation tests performed to evaluate compliance with the approved
				specifications.
18.7. Gradation
				Tests. Gradation tests shall be performed on filter materials. Close visual
				observation for signs of material segregation shall be performed. Additional
				tests may be required by the Secretary to determine durability of filter
				materials.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-22 - Reduction of Dam Height to less than Jurisdiction

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. An operator planning to reduce the
				height of a dam so that the remaining structure will no longer meet the
				definition of "dam" set forth in Section 2.7 of these rules must obtain a
				certificate of approval from the Secretary.
22.2. A complete application in accordance
				with the provisions of Section 5.1 of these rules must be submitted to and
				approved by the Secretary prior to the Commencement of reduction activities.
				The application must also contain information showing that the remaining
				impounding structure will not cause loss of life or appreciable property damage
				downstream should that structure fail.
22.2.a.
				The plan package submitted in order to reduce the height of a dam shall be in
				accordance with the applicable requirements of Section 6 of these rules and
				must also include the specific requirements indicated under this section of
				these rules. Narratives, plans or specifications which are clearly not
				applicable to the proposed reduction may be omitted from the submittal;
				however, the Secretary reserves the right to specify those items which must be
				in the reduction plan package.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-23 - Enlargement of a Structure to Jurisdiction

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. An operator planning to enlarge an
				existing structure so that the completed structure will meet the definition of
				"dam" set forth in Section 2.7 of these rules must obtain a certificate of
				approval from the Secretary.
23.2.
				A complete application in accordance with the provisions of Section 5.1 of
				these rules must be submitted to and approved by the Secretary prior to the
				commencement of enlargement activities. The plan package submitted in order to
				enlarge a structure to jurisdiction shall be in accordance with the applicable
				requirements of Section 6 of these rules. Narratives, plans or specifications
				required under Section 6 of these rules which are clearly not applicable to the
				proposed enlargement may be omitted from the submittal; however, the Secretary
				reserves the right to specify those items which must be included in the
				enlargement plan package.
23.3. The
				Secretary will require adequate drilling and testing of the existing structure
				and foundation to ascertain in place conditions.
23.4. The requirements of Section 12 of these
				rules shall apply when enlarging a structure to jurisdiction unless clearly not
				applicable to the enlargement operation; however, the Secretary reserves the
				right to specify which requirements are applicable.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-24 - Sale or Transfer of Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1.
				No sale or transfer of dam is permitted unless a certificate of approval has
				been obtained from the Secretary. An application for certificate of approval
				must be submitted 30 days prior to sale.
24.2. The transfer of a dam will be handled
				under WV Surface Mining Reclamation Rules 38-CSR-2-3.25.
24.3. The Secretary may reissue a certificate
				of approval reflecting sale or transfer of a dam upon receipt of fees and
				appropriate documentation.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-25 - Operation and Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. All
				spillways and appurtenances shall be maintained to operate according to design
				plan and specifications.
25.2.
				Routine maintenance of spillways shall be performed. Maintenance shall include
				removal of sediment, brush, trees, rocks, rocks in stilling basins, and
				re-establishment of the structure to its original hydraulic design.
25.3. All failures resulting from landslides
				or slope failures must be corrected immediately if they significantly affect
				the safety or design capacity of the dam or its appurtenances. Failures must be
				reported to the Secretary.
25.4.
				Routine inspections shall be made of all hydraulic structures to insure
				operation. Special inspection shall be conducted whenever a significant flow
				through the structures has occurred.
25.5. All pipes must be repaired or replaced
				when damaged, distorted or otherwise fail to function properly according to the
				approved design.
25.6. Leakage
				through joints, fissures, cracks through or under the spillway channel shall be
				immediately investigated and repaired.
25.7. If erosion on the embankment face or
				abutments occurs, the area must be regraded and be provided with adequate
				drainage control and/or revegetation to prevent future occurrences.
25.8. Gates (if any) must be serviced and
				operated at regular intervals to insure proper functioning.
25.9. All concrete structures and channel
				linings must be maintained according to design and specifications. All cracks
				located in concrete channels shall be sealed immediately with a sealant
				approved by the Secretary.
25.10.
				Access roads must be maintained to insure access for emergency
				inspections.
25.11. All monitoring
				devices shall be routinely inspected and repaired or replaced as necessary to
				insure proper functioning of the devices.
25.12. The embankment shall be kept clear of
				burrowing animals.
25.13. The
				embankment shall be kept clear of trees and shrubs. The downstream toe and
				abutments of the dam shall be cleared to natural ground for a lateral distance
				of at least twenty five (25) feet.
25.14. Storm water in the impoundment shall
				be removed as specified in the design requirements. In addition, the slurry
				impoundment pool shall be maintained at the lowest practical pool level based
				upon the design requirements and the AHCF. The mechanical storm dewatering
				system shall be installed as designed and maintained properly with the system
				being tested monthly.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-26 - Inspection, Reporting and Certification Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Inspection during construction:
26.1.a. Plans, specifications and all
				inspection reports shall be available at the construction site office for
				reference by construction personnel and the representatives of the
				Secretary.
26.1.b. A visual
				inspection for construction progress, determination of unstable conditions,
				conformance plans, and quality control shall be done on a regular basis and at
				least once each working day. The inspection shall be done by a registered
				engineer or a person under the direct supervision of the registered engineer.
				Inspections shall be done after heavy rainfall events to determine problems and
				remedial measures.
26.1.c.
				Instrumentation shall be monitored once in every seven days unless otherwise
				specified in approved plans. Monitoring of instrumentation shall be done by
				approved persons. The frequency of monitoring may be changed by the Secretary
				upon specific project area conditions.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-27 - Completion of Construction

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1.
				Upon completion of the construction or modification of a dam, a joint
				inspection shall be conducted by the Secretary and the engineer. The purpose of
				inspection is to verify that all work has been accomplished in accordance with
				approved plan.
27.2. Acceptance of
				construction: When the dam owner is advised by the Secretary that construction
				appears satisfactory, the owner shall submit to the Secretary a certification
				by an engineer that all construction was in substantial conformance with the
				approved plans and specifications, including any modifications that have been
				approved by the Secretary. This certification shall be submitted within ninety
				(90) days of the Secretary's advisement. As-built drawings, including all
				variations from the original specifications and changes in location of borrow
				or waste disposal areas, shall be submitted with the engineer's certification.
				Upon the receipt of the engineer's certification with the as-built drawings, a
				letter of acceptance will be issued by the Secretary.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-28 - Inspection of Completed Dams

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1.
				After acceptance of construction by the Secretary, the dam and its
				appurtenances shall be inspected annually until removal or abandonment of the
				structure. Upon abandonment, the dam shall be inspected by the owner's engineer
				annually until bond required under WV Surface Coal Mining and Reclamation Act
				22-3 is released.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-29 - Inspection of Dams With Serious Problems

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. The Secretary may establish frequency
				of inspection of dams with serious problems. The inspection of a dam with
				serious problems shall include monitoring of slopes, bulges, scarps, vertical
				displacement, excessive erosion, piping, sudden changes in readings of
				monitoring devices, and other visible factors which could include potential
				failure of the embankment, spillways or other appurtenances. The Secretary
				reserves the right to attend any inspection and require prior notification of
				the inspection by the owner of the dam.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-30 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1.
				Monthly progress reports during construction: A written report containing the
				results of each inspection of construction progress shall be submitted to the
				Secretary every month while the dam and its appurtenances are under
				construction. The report shall include, but not be limited to, specific
				instrumentation readings, test results, freeboard, crest elevation, and
				specific construction or quality control problems with documentation of
				implemented solutions. The report on the drainage system and protective filters
				shall include color photographs taken during and after construction, but before
				underdrains are covered with material. If the underdrain system is constructed
				in phases, each phrase shall be certified separately.
30.2. Post construction inspection report: A
				report shall be submitted to the Secretary by the dam owner reporting the
				findings of the final construction inspection required under Section 27 of
				these rules. Certification by an engineer shall be submitted to the Secretary
				with the inspection report to verify that the dam and its appurtenances were
				constructed in substantial conformance with the approved plans and
				specifications and that the dam and its appurtenances are functioning as
				designed.
30.3. Inspection reports
				for dams with serious problems: A written report containing the observations of
				each inspection required shall be submitted to the Secretary by the dam owner
				within thirty (30) days of the inspection.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-31 - Inspection and Certification Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. Inspection of all coal related dams
				shall be made by a qualified registered engineer or other qualified
				professional specialist under the direction of the professional engineer. The
				registered engineer shall provide a certification at least quarterly during
				construction, on final completion of construction and at least yearly until
				removal of the structure or release of the performance bond. The certification
				by the engineer shall be submitted to the Secretary with the inspection report
				to verify that the dam and its appurtenances have been constructed and
				maintained in conformance with the approved plans and specifications and these
				rules.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-32 - Monitoring Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. Owners of
				Class C dams shall formulate and submit a monitoring plan to the Secretary for
				approval. Owners of Class A and Class B dams may be required by the Secretary
				to formulate and submit a monitoring plan for approval.
32.2. The monitoring plan developed by the
				dam owner must follow the format of the example plan provided by the Secretary
				and shall include, but not limited is the following:
32.2.a. A description of the dam, including
				appropriate drawings and location maps;
32.2.b. A listing of problems and
				deficiencies and any implemented repairs;
32.2.c. The inspection frequency under
				varying weather conditions;
32.2.d.
				A description of areas or items to be inspected; Corrective actions to be
				taken;
32.2.e. The responsible
				person's name's addresses and telephone numbers;
32.2.f. The method of notification of the
				Secretary and county emergency services authorities;
32.2.g. Other items required by the Secretary
				based upon site specific conditions.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-33 - Emergency Warning Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1.
				Owners of Class C dams shall formulate and submit an emergency action plan to
				the Secretary for approval. The emergency warning plan will include
				notification and action procedures for public protection and remedial action in
				the event of an emergency. All emergency procedures must be submitted and
				become part of the approved plan. If adequate emergency procedures cannot for
				whatever reason be formulated by the owner or operator, then he must notify the
				Secretary in writing. The Secretary may then notify the office of Emergency
				Services and request that emergency procedures be developed for the
				site.
33.2. The emergency warning
				plan developed by the dam owner must follow the format of the example plan
				provided by the Secretary.
33.3.
				The dam owner shall coordinate with county emergency service authorities in the
				development of the emergency action plan. The dam owner must provide copies of
				the inundation maps required under Section 3.4.3.2 of these rules to those
				authorities.
33.4. The dam owner
				will provide county emergency services authorities with a copy of the
				monitoring plan, and all updates of that plan approved by the
				Secretary.