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 38-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule unless used in a context that clearly
				  requires a different meaning, the term:
2.1. Abandoned Coal Waste Disposal Area means
				any coal refuse disposal area which is not part of an active surface mining
				operation. This definition does not relieve any operator from his reclamation
				responsibility for the abandoned coal waste disposal area.
2.2. Acidity means the quantitative capacity
				of an aqueous medium to donate protons in a reaction with hydroxyl
				ions.
2.3. Acid Mine Drainage means
				water discharged from an active, inactive, or abandoned surface mine and
				reclamation operations or from areas affected by surface mining and reclamation
				operations with said water having a pH of less than six (6.0) in which total
				acidity exceeds total alkalinity.
2.4. Acid-Producing Coal Seam means coal
				seams commonly associated with other minerals which create acid mine drainage.
				Site specific data may, on a case-by-case basis, be accepted as an affirmative
				demonstration that this seam is not acid producing.
2.5. Acid-Producing Overburden means
				overburden which upon appropriate analysis shows a potential for producing acid
				mine drainage.
2.6. Act means the
				West Virginia Surface Coal Mining and Reclamation Act, W. Va. Code §
									22-3-1, et
				seq.
2.7. Active Surface Mining
				Operation means, for the purpose of permit renewal as provided in subsection
				3.27 of this rule, an operation where a Phase 1 bond reduction has not been
				approved.
2.8. Administratively
				Complete Application means an application for permit approval or approval for
				prospecting, which the Secretary determines to contain information addressing
				each application requirement of the regulatory program and to contain all
				information necessary to initiate processing and public review.
2.9. Affected Area means, when used in the
				context of surface-mining activities, all land and water resources within the
				permit area which are disturbed or utilized during the term of the permit in
				the course of surface-mining and reclamation activities. Affected area means,
				when used in the context of underground mining activities, all surface land and
				water resources affected during the term of the permit (1) by surface
				operations or facilities incident to underground mining activities or (2) by
				underground operations. The term also includes other lands the use of which is
				incidental to surface coal mining and reclamation operations; all areas covered
				by new or existing roads used to gain access to, or for hauling coal to or
				from, surface coal mining and reclamation operations; any areas covered by
				surface excavations, workings, impoundments, dams, ventilation shafts,
				entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm
				banks, tailings, holes or depressions, repair areas, storage areas, shipping
				areas; any areas upon which are sited structures, facilities, or other
				property; material on the surface resulting from, or incident to, surface coal
				mining and reclamation operations; and the area located above underground
				workings.
2.10. Area Mining
				Operation means a mining operation where all disturbed areas are restored to
				approximate original contour (AOC) unless the operation is located in steep
				slope areas and a steep slope AOC variance in accordance with subsection 14.12
				of this rule has been approved. An area mining operation may remove all or part
				of coal seam(s) in the upper fraction of a mountain, ridge, or hill. However,
				it is not classified as a mountaintop operation for one or more of the
				following reasons:
2.10.a. The site may be
				restored to AOC; or
2.10.b. The
				entire coal seam may not be removed.