W. Va. Code R. § 56-3-33

Current through Register Vol. XLI, No. 19, May 10, 2024
Section 56-3-33 - Underground Workings
33.1. The operator shall refrain from surface mining within five hundred (500) feet of any active and abandoned underground mines in order to prevent breakthroughs and to protect health or safety of miners: Provided,
33.1.1. That the director shall permit an operator to mine near, through or partially through an abandoned underground mine or closer to an active underground mine if:
33.1.1.a. The nature, timing and sequencing of the approximate coincidence of specific surface mine activities with specific underground mine activities are coordinated jointly by the operators involved and approved by the director, and
33.1.1.b. Such operations will result in improved resource recovery, abatement of water pollution or elimination of hazards to the health and safety of the public: Provided, That any breakthrough which does occur shall be sealed.
33.2. The official representative of any known underground mine shall be notified immediately when a surface mine operation may in any way interfere with the safe operation of the active underground mine.
33.3. Special precautions shall be taken to protect the employees where excavating is being performed in the vicinity of a known abandoned underground mine which may contain a dangerous accumulation of water and/or gas.
33.4. All cut-through into underground mine workings shall be closed immediately.

W. Va. Code R. § 56-3-33