Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-3-14 - Annual Bonding Progress Report Map and Permit Renewals14.1. Annual Bonding Progress Report Map. - At least thirty days prior to the anniversary date of the permit issuance, the permittee shall provide the Secretary a Bonding Progress Report Map showing, with a reasonable degree of accuracy, the acreage of land currently disturbed, the acreage of land which is reclaimed and the estimated acres of land to be newly disturbed during the next ensuing year. The map shall be prepared by a registered professional engineer, licensed land surveyor, or an approved person and the accuracy verified by the Secretary. Aerial photographs may be substituted if all of the information required by this paragraph can be accurately shown. The map or aerial photograph shall be used by the Secretary to compute bond or bond pooling fund adjustments. For the purpose of this section "reclaimed" quarry land means those areas which meet bond release requirements. When no additional land has been disturbed by operations during the preceding year and the prior annual Bonding Progress Report Map or aerial photograph is still up to date, in lieu of the map, the operator may provide a signed statement regarding the status of the operation to the Secretary.14.2. Permit Renewal - Each quarrying and reclamation plan shall be reviewed at the time of permit renewal to ensure compliance with the requirements of W. Va. Code §22-4, this rule, and permit conditions. Consideration should be given to those areas which were permitted, but not disturbed prior to the effective date of this rule in allowing reasonable time to bring these areas into compliance. Areas that were permitted, disturbed, and properly stabilized prior to the effective date of this rule will not be required to be reaffected.14.3. After the effective date of W. Va. Code §22-4, all permits shall be renewed on the anniversary date of the permit issuance for a period of five (5) years.14.4. Each request for a permit renewal shall be submitted on forms prescribed by the Secretary and 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.", and shall be signed by a principal officer of the applicant and shall be notarized.14.5. Each renewal application shall include four (4) copies of a progress map prepared consistent with the provisions of W. Va. Code § 22-4-18(g). This map shall serve as the Annual Bonding Progress Report Map for that year. The map shall reflect all previous permit modifications, shall indicate the acres permitted, disturbed, and reclaimed and shall become the new map of record.