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 38-2-3 - Permit Application Requirements and Contents

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Applicant Information. All information
				provided by an applicant in an application for a surface mining permit shall be
				clear and concise and shall be provided in a format prescribed by the Secretary
				and/or a format required by the Federal Office of Surface Mining Reclamation
				and Enforcement. In addition to the information requirements of section 9 of
				the Act, each application for a permit shall contain the following information
				except that submittal of a social security number is at the option of the
				applicant:
3.1.a. A statement as to whether
				the applicant is a corporation, partnership, sole proprietorship, association,
				or other business entity.
3.1.b.
				The name, address, telephone number and, as applicable, social security number
				and employer identification number of the:
3.1.b.1. Applicant;
3.1.b.2. Applicant's resident agent;
				and
3.1.b.3. Person who will pay
				the abandoned mine land reclamation fee.
3.1.c. List, for each person who owns or
				controls the applicant under the definition of "owned or controlled" and "owns
				and controls" in subsection 2.85 of this rule (as applicable):
3.1.c.1. The person's name, address, social
				security number, and employer identification
3.1.c.2. The person's ownership or control
				relationship to the applicant, including percentage of ownership and Location
				in organizational structure;
3.1.c.3. The title of the person's position,
				date position was assumed, and when submitted under subdivision 3.33.h of this
				rule, date of departure from the position;
3.1.c.4. Each additional name and identifying
				number, including employer identification number, federal or state permit
				number, and, if available, MSHA number with date of issuance, under which the
				person owns or controls, or previously owned or controlled, a surface coal
				mining and reclamation operation in the United States within the five (5) years
				preceding the date of the application; and
3.1.c.5. The application number or other
				identifier of, and the regulatory authority for, any other pending surface coal
				mining operation permit application filed by the person in any state in the
				United States.
3.1.d.
				List, either in the application or in an electronic database accessible to the
				agency which has been updated within three months of submittal, for any surface
				coal mining operation owned or controlled by either the applicant or by any
				person who owns or controls the applicant under the definition of "owned or
				controlled" and "owns or controls" in subsection 2.85 of this rule, the
				operation's:
3.1.d.1. Name, address,
				identifying numbers, including employer identification number, Federal or State
				permit number and MSHA number, the date of issuance of the MSHA number, and the
				regulatory authority; and
3.1.d.2.
				Ownership or control relationship to the applicant, including percentage of
				ownership and Location in organizational structure.
3.1.e. The name and address of each legal or
				equitable owner of record of the surface and mineral property to be mined, each
				holder of record of any leasehold interest in the property to be mined, and any
				purchaser of record under a real estate contract for the property to be
				mined.
3.1.f. The name and address
				of each owner of record of all property (surface and subsurface) within one
				hundred (100) feet of any part of the proposed permit area.
3.1.g. The Mine Safety and healthy
				Administration (MSHA) numbers for all mine-associated structures identified in
				the permit that require MSHA approval.
3.1.h. A statement of all lands, interest in
				lands, options, or pending bids on interests held or made by the applicant for
				lands contiguous to the area described in the permit application. If requested
				by the applicant, any information required by this paragraph which is not on
				public file pursuant to the Act shall be held in confidence.
3.1.i. A statement of whether the applicant
				or any subsidiary, affiliate, or persons owned or controlled or under control
				or ownership with the applicant has:
3.1.i.1.
				Had a Federal or State coal mining permit suspended or revoked in the five (5)
				years preceding the date of submission of the application; or
3.1.i.2. Forfeited a bond or similar security
				deposited in lieu of bond.
3.1.j. A brief explanation of the facts
				involved if any such suspension, revocation, or forfeiture referred to in
				paragraphs 3.1.i.1 and 3. 1.i.2 of this subdivision has occurred, including:
3.1.j.1. Identification number and date of
				issuance of the permit, and the date and amount of bond or similar
				security;
3.1.j.2. Identification
				of the authority that suspended or revoked the permit or forfeited the bond and
				the stated reasons for the action;
3.1.j.3.
				 The current status of the permit and bond, or similar security
				involved;
3.1.j.4. The date,
				Location, and type of any administrative or judicial proceedings initiated
				concerning the suspension, revocation, or forfeiture; and
3.1.j.5. The current status of any
				administrative or judicial proceedings.
3.1.k. A list either in the application or in
				an electronic database accessible to the agency which has been updated within
				three months of submittal, for any violation of a provision of the Act or this
				rule and any other Federal or State laws, rules and regulations pertaining to
				air or water environmental protection incurred in connection with any surface
				mining operation received by the applicant during the three (3) year period
				preceding the application date, and a list of all unabated cessation orders,
				and unabated air and water quality violation notices received prior to the date
				of the application by any surface mining and reclamation operation owned or
				controlled by either the applicant or by any person who owns or controls the
				applicant For each violation notice or cessation order reported, the lists
				shall include the following information as applicable:
3.1.k.1. Any identifying numbers for the
				operation, including the Federal or State permit number and MSHA number, the
				dates of issuance of the violation notice and MSHA number, the name of the
				person to whom the violation notice was issued, and the name of the issuing
				regulatory authority, department or agency;
3.1.k.2. A brief description of the violation
				alleged in the notice;
3.1.k.3. The
				date, Location, and type of any administrative or judicial proceedings
				initiated concerning the violation, including, but not limited to, proceedings
				initiated by any person to obtain administrative or judicial review of the
				violation;
3.1.k.4. The current
				status of both the proceedings and the violation notice; and
3.1.k.5. The actions, if any, taken by any
				person to abate the violation.
3.1.l. Each application for a permit 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." Such
				statement shall be signed by an accountable official of the applicant and shall
				be notarized.
3.1.m. The applicant
				for a permit or a revision of a permit shall have the burden of establishing
				that his application is in compliance with all the requirements of the Act and
				this rule.
3.1.n. After an
				applicant is notified that the application is approved, but before the permit
				is issued, the applicant shall update and correct the information previously
				submitted under this subsection or indicate that no change in such information
				has occurred.
3.1.o. Upon request
				by one or more permittees related through ownership and control, and with the
				approval of the Secretary, a permittee, or permittees related through ownership
				and control, may submit and maintain a centralized ownership and control file.
Any permit application which references an approved
				  centralized ownership and control file may be determined to be complete and
				  accurate for the purposes of this subsection. Each centralized ownership and
				  control file shall at a minimum:
3.1.o.1. Contain the information required by
				subdivisions 3.1.a, 3.1.c, 3.1.d, and 3.1.1 of this subsection on such forms,
				or in the format, as may be required by the Secretary;
3.1.o.2. Provide a procedure for the file to
				be updated at least quarterly, although this requirement does not relieve an
				applicant from having complete and accurate information in the centralized
				ownership and control file during the time it has an application pending;
				and
3.1.o.3. Provide that the
				applicant maintain a copy or copies of the file in any required courthouses,
				regional offices, and other public offices, during any required public notice
				period, when referenced in an application that is otherwise required to be made
				available in such offices.