W. Va. Code R. § 38-3-11

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 38-3-11 - Mapping, Approved Persons, and Markers
11.1. Scale for Maps. -- The scale required for all maps and plans prepared for submission with an application for a quarrying permit shall be as follows:
11.1.a. Scale on a U.S. geological survey topographic seven-point five (7.5) minute quadrangle shall be enlarged to five hundred feet (500') or less to the inch; and
11.1.b. Scale on aerial photographs shall be six hundred sixty feet (660') or less to the inch.
11.1.c. Written approval from the Secretary shall be required prior to the submission of maps drawn to any scale other than those set forth by this rule.
11.2. Scale for Progress, Modification, Annual Bonding Progress Report and Final Maps. -- The scale required for progress, modification, Annual Progress Report and final maps shall be the same scale as the proposal and drainage map.
11.3. Location Map - All maps shall contain a clear and accurate location map of a scale and detail found on the West Virginia County Highway map.
11.4. Map Size. -- All maps and plans shall be submitted on standard print paper, twenty-four inches (24") by thirty-six inches (36") or less. If supplementary maps or plans are attached, match lines shall be used.
11.5. Color Code. -- A color code shall be used in preparing all maps to indicate critical features of the permit area as follows; provided, that drafted or computer generated graphic symbols or shading may be used in place of a color code, if a separate, uniquely identifiable, and clearly discernible symbol or shading is provided in place of each color as specified below, and if the symbols or shading are clearly defined on map legends and used consistently throughout the permit application, and in any subsequent permit modifications, progress maps, or other submittals relating to the permit:
11.5.a. Red shall indicate the mineral removal area;
11.5.b. Yellow shall indicate disturbed land not included in the mineral removal area;
11.5.c. Blue shall indicate water and drainage;
11.5.d. Brown shall indicate special uses;
11.5.e. Green shall indicate reclaimed areas; and
11.5.f. Purple shall be used to outline adjacent mining permits.
11.6. Approved Person. -- Any person preparing an annual Bonding Progress Report Map or certifying the construction of drainage control structures, haulageways, or preparing a reclamation and quarrying plan shall first submit to the Secretary a written resume of their past experience and training. A written test may also be administrated. On the basis of such resume and/or written test, he or she shall be adjudged qualified or not as the case may be, and so notified by the Secretary in writing. Approved person status may be revoked at the discretion of the Secretary.
11.7. Permit or End of Quarry Marker. -- A two-inch (2") pipeshall be driven into the earth with a minimum of three feet (3') exposed to permanently mark the beginning and ending points of the area under permit. It shall be identified by painting the exposed portion of the pipe red. Any suitable substitute may be approved. The assigned permit number shall be permanently affixed to the permit or end of quarry marker.
11.8. Entry monuments shall be constructed of a two inch (2") pipe, concrete or wood post, with a minimum of four feet (4') exposed, and a two foot (2') X three foot (3') sign affixed with company name, address, phone number and permit number. Permit or end of quarry monuments shall be set into the earth with a minimum of three feet (3') exposed, painted red, and shall mark the beginning and ending points of the area under permit. Suitable equivalent substitutes may be approved.

W. Va. Code R. § 38-3-11