W. Va. Code R. § 36-27-14

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 36-27-14 - Requirements for Mining Adjacent to Gas Facilities

14.1. Applicability of Section 14. The regulations in this section 14 shall apply to any new surface mining operation seeking its initial permit on or after the effective date of this_regulation. These regulations shall not apply to any surface mine operator that has obtained its initial permit prior to the effective date of this rule. These regulations shall not apply to any utility or railroad having facilities in the vicinity of surface mining operations unless such utility or railroad is also the operator of such surface mining operations.

14.2. Prior to conducting Excavation Work, a Coal Permit Holder shall provide by certified mail, return receipt requested, a Notice of Designated Mining Area to any oil and gas operator which has known wells or natural gas pipelines located in the Designated Mining Area. A Notice of Designated Mining Area shall contain the following information:

14.2.a. A copy of the mine plan permit maps previously submitted to the West Virginia Department of Environmental Protection in connection with the permit, currently pursuant to W.Va. Code § 22-3-9(12) and CSR 38-2.4, with a discernable boundary identifying the Designated Mining Area where Excavation Work will be conducted within the following twelve (12) month period; and

14.2.b. The general location of all oil and gas wells and pipelines known to the coal mining permit holder or operator, or identified in the coal permitting process, together with any GPS or other survey information in the possession of the Coal Permit Holder that identifies the location of any natural gas pipelines in the Designated Mining Area; and

14.2.c. The office telephone number and mailing address for the mine where the work will occur, and identification of the location of any staffed guard gate or entrance.

14.3. The Coal Permit holder shall replace all natural gas pipeline markers disturbed, damaged or destroyed by the Coal Permit Holder or its agent._

14.4 In the event that a Notice of Designated Mining Area is inaccurate or if there is a change in the area designated for mining or Excavation Work in the following twelve (12) months the Coal Permit Holder shall provide a corrected or revised Notice of Designated Mining Area to all oil, gas and natural gas pipeline operators with lines in the area designated.

14.5. The Coal Permit Holder shall provide written notice to all oil, gas or natural gas pipeline operators with pipelines in the area designated for mining or Excavation Work of any change in contact information or mine access points.

14.6. When an oil and gas company or pipeline operator notifies the designated mine office or staffed guard gate of entry onto an area identified by a Notice of Designated Mining Area, the coal mine operator shall inform them of any blasting schedules and times, where operations are occurring, and any new known safety hazards.

14.7. When Excavation Work is completed in the area designated in a Notice of Designated Mining Area, the Coal Permit Holder will so notify all known oil and gas well and natural gas pipeline operators who have natural gas pipelines in the identified area.

14.8. When tree removal activities must be conducted within 50 feet of the Pipeline, a grapple type excavator will be used to pick the fallen trees from the marked area. This work cannot be conducted unless the Pipeline is buried more than 2 feet below the surface and at no time will the ground be disturbed below the surface.

14.9. No mining, excavation or equipment/vehicle operation shall occur within 50 feet of a Pipeline or gas well unless adequate safeguards are provided for the protection of the oil and gas pipeline or well and the safety of miners. The permit holder shall notify the regional office of the Office of Miners' Health, Safety and Training and obtain prior written approval of the potentially affected oil and gas well and/or pipeline operator(s) and the Director before beginning mining or excavation work within fifty (50) feet of any known active oil and gas line or well. This shall not apply to mining and Excavation Work occurring within fifty (50) feet of any known active oil and gas well that is approved in accordance with W. Va. Code § 22A-2-75.

14.10. Any Pipeline shall be considered active unless the line has been cut, purged and capped on each end. Any gas well will be considered active, unless the well has been adequately plugged below the elevation of the intended work area. Documentation will be provided to show that the condition of the gas lines and/or wells is as described above.

14.11. Pipeline awareness training shall be conducted with all personnel and resident contractors who are assigned to work in close proximity to Gas Facilities. This training shall be incorporated during the following sessions:

14.11.a. Newly employed experienced miner.

14.11.b. Annual retraining.

14.11.c. Hazard training.

14.11.d. Contractor training.

14.11.e. Additionally, immediately after gas lines have been located, a special safety talk will be conducted with all persons on the property concerning Pipeline and gas well locations.

14.11.f. Pipeline locations will be discussed in safety talks, at least on a quarterly basis.

14.11.g. Safety discussions will be held on gas line and gas well locations prior to moving into a new work area.

14.12. Nothing herein shall provide or alter any contract or statutory or regulatory or common law right or obligation.

W. Va. Code R. § 36-27-14