Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-3-8 - Method of Operation8.1. Operator Responsibility. -- In planning and executing quarrying operations, the operator shall have, at all times, proper regard for all requirements imposed by W. Va. Code §22-4, as amended, all rules adopted pursuant thereto, and all provisions of the approved permit.8.2. Topsoiling or Other Material Suitable for the Post Mining Land Use. - Topsoil or other suitable material necessary for reclamation and revegetation shall be removed in a separate layer and distributed over the backfilled or disturbed area, or if not utilized immediately, segregated and stockpiled in a separate location as specified in the permit. Topsoil not immediately utilized shall be protected from wind and water erosion.8.2.a. Any material used for topsoiling must be capable of supporting and maintaining the approved post quarrying land use. This determination of capability shall be based on the results of appropriate chemical and physical analysis of overburden and topsoil8.3. Treatment of Toxic Material. -- Any acid-forming, toxic-forming, combustible materials, or any other waste materials that are exposed, shall be covered with a minimum of four feet (4') of nontoxic and noncombustible material; or test, treat, and blend material to provide materials suitable to prevent water pollution. If necessary, this material shall be treated to neutralize toxicity in order to prevent water pollution and sustained combustion and/or to minimize adverse effects on plant growth and land uses. Acid-forming or toxic-forming material shall not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.8.3.a. The Secretary shall specify thicker amounts of cover using non-toxic material where necessary to protect against the following: 8.3.a.1. Upward migration of salts;8.3.a.2. Exposure by erosion;8.3.a.3. To provide an adequate depth for plant growth; or8.3.a.4. To otherwise meet local conditions.8.4. Small Depressions. -- The requirement of this section to provide positive drainage does not prohibit construction of small depressions if they are approved by the Secretary to minimize erosion, conserve soil moisture, benefit wildlife or promote vegetation. These depressions shall be compatible with the approved post-quarrying land use.8.5. Backfilling. -- All available spoil material shall be used as necessary to backfill pit areas, to provide positive drainage and to achieve the reclamation as provided for in the approved reclamation plan. Excess spoil shall be placed in controlled fills or spoil piles in accordance with Section 9 of this rule. Spoil material that is approved to be placed in permanent excess spoil disposal areas is not required to be used as backfill.8.6. Grading Outer Spoil. -- All outer spoil shall be graded so as to blend into the adjoining undisturbed lands.8.7. Regrading or Stabilizing Rills and Gullies. -- Any rills or gullies deeper than nine inches (9") inches forming in areas that have been regraded and the topsoil replaced but where vegetation has not yet been established shall be deemed unacceptable and any such rills or gullies shall be filled, graded, or otherwise stabilized and revegetated. Rills or gullies of lesser size shall also be stabilized if they will be disruptive to the approved post-quarrying land use or may result in additional erosion and sedimentation.8.8. Inactive Status. -- Inactive status shall be considered for operations that have temporarily ceased for a specified period providing:8.8.a. disturbed areas are stabilized;8.8.b. drainage control is maintained, and8.8.c. prior written approval is obtained from the Secretary.8.8.d. The operator shall notify the Secretary prior to starting or reactivating the operations.8.8.e. Permits on which quarrying operations have not started are not required to obtain inactive status.8.9. Keeping Operation Current. -- Grading, backfilling and water management practices shall be in accordance with the approved quarrying and reclamation plan. Should the particular site conditions or weather make adherence to these guidelines impractical, the Secretary may reasonably extend the time or distance requirements of the plan.8.10. Permanent Water Impoundments. -- Prior to the construction of a permanent impounding area for the storage of water after quarrying, approval must be obtained from the Secretary for such impoundment. This plan shall include, but not be limited to the following:8.10.a. Location of the impounding area;8.10.b. Dimensions of the area as to capacity and depth (average, maximum and minimum);8.10.c. Plot plan of impoundment area;8.10.d. Source of water entering the impoundment;8.10.e. Quality of the water entering the impoundment;8.10.f. Quality of water leaving the impoundment and mechanism of discharge;8.10.g. Mineral or seams quarried or involved with impoundment;8.10.h. Chemical characteristics of the soils and underlying strata in the impoundment area as they relate to acid production;8.10.i. Safety aspects considered such as spillway overflow, emergency spillway, access to area; and8.10.j. Consent of the landowner for such impoundment with submission on specified forms.8.11. Backfilling and Regrading. -- All disturbed areas are to be reclaimed in accordance with the approved quarrying and reclamation plan. Land above the highwall shall not be disturbed unless the Secretary finds that the disturbance will benefit the future land use of this site or facilitate compliance with the requirements of this section.8.12. Stabilization. -- The material used to backfill, reduce, or eliminate a highwall shall be sufficiently compacted or otherwise mechanically stabilized so as to ensure stability of the backfill. Woody materials may be buried in the mineral extraction area only when the burial does not cause or add to water pollution or instability.