HB 4460 Text

H. B. 4460

(By Mr. Speaker, Mr. Kiss, and Delegates Douglas, Michael, Mezzatesta, Faircloth, Trump and Williams)
[Introduced February 17, 1998; refrerred to the Committee on the Judiciary then Finance.]

A BILL to amend and reenact article four, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to quarrying and reclamation of minerals other than coal; jurisdiction and enforcement vested with division of environmental protection; legislative findings; legislative purpose; definitions; duties and functions of director of division of environmental protection; inspectors and inspections; permit required; quarrying and reclamation plan required; quarrying and reclamation plan map and attachments; required fees; review of application; public notice of application; approval or denial of permit; modification of permit; transfer of permit, blasting restrictions, filing preplan and penalties; performance bonds; release of bond; reclamation security fund; annual progress report and map; performance standards; time frame for completion of reclamation; authority to propose rules; notice of noncompliance; bond forfeiture; adjudication and findings; offenses and penalties for violation; injunctive relief, quarry review board; appeals to quarry review board; appeal from quarry review board decision; final completion inspection and report; exemptions; prequarrying land use and postreclamation useful purposes of land; ground water protection; grandfather clause for prior permitted quarries; quarry reclamation fund; severability clause; and enforcement date.

Be it enacted by the Legislature of West Virginia:
That article four, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 4. QUARRYING AND RECLAMATION OF MINERALS OTHER THAN COAL

§22-4-1. Jurisdiction vested in division of environmental protection.

The division of environmental protection is hereby vested with jurisdiction over all aspects of quarrying and with jurisdiction and control over land, water and soil aspects pertaining to quarry operations, and the restoration and reclamation of quarries and areas affected thereby. This article does not address coal mining activities unless covered by subdivision (2), subsection (u), section three, article three of this chapter.
§22-4-2. Legislative findings.
The Legislature finds that the extraction of noncoal minerals by quarrying is a basic, essential and vital industry
making an important contribution to the economic well being of West Virginia.
From the small family-owned chert pit to the multinational limestone quarry, aggregate production plays a vital role in West Virginia's economy and the quality of life for its residents. It is in the public interest to insure the availability and orderly development of mineral resources. Aggregate minerals are necessary components in portland cement, concrete and asphalt products. Without fine and course aggregates it would be impossible to build or maintain the state roadways, airports, shopping centers, business buildings or the footers, driveways and foundations for homes.
Quarry minerals are needed to provide railroad ballast, stone jetties in rivers, riprap and erosion control, fluidized beds at coal power plants, agricultural lime, glass sand, landscape materials, stream reclamation and flagstone.
It is not practical to extract minerals required by our society without disturbing the surface of the earth and producing waste materials, and the very character of quarry operations precludes complete restoration of the land to its original condition. Unregulated quarrying may cause soil erosion, stream pollution, landslides, accumulation of stagnant water or may impair the health, safety and welfare and property rights of the citizens of West Virginia. However, it is possible to conduct quarrying and proper reclamation of quarried land in order to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety and the property rights of the citizens of the state. The Legislature finds that the quarrying of minerals and reclamation of quarried lands as provided by this article will allow the use of valuable minerals and will provide for the protection of the state's environment and for the subsequent beneficial use of the quarried and reclaimed land.
§22-4-3. Legislative purpose.
It is the purpose of this article to provide for the protection and conservation of the natural resources of the state and the reclamation of areas of land affected in the quarrying of minerals other than coal, to aid in the protection of birds and wildlife, to minimize soil erosion, to prevent pollution of rivers, streams and lakes, to prevent loss or waste of valuable mineral resources, to prevent and eliminate hazards to health and safety, to provide for reclamation of quarried areas so as to assure the useful purposes of these lands and generally to provide for the continued use and enjoyment of these lands. The Legislature intends to regulate quarrying of noncoal minerals in a reasonable and appropriate way, giving due recognition to the unique nature and distinguishing characteristics of quarrying as compared to coal mining. Accordingly, nothing in this article may be taken as indicating an attempt to apply to quarries a standard currently applied to coal mining operations in the state. Nothing in this article may be construed to mean that reclamation to approximate original contour, contemporaneous reclamation or any similar standards applied to coal mines may be applied to quarrying.
§22-4-4. Definitions.

Unless the context in which used clearly requires a different meaning, as used in this article:

(1) "Abandoned quarry lands" means: (A) A quarry which was operated and abandoned without proper reclamation prior to the effective date of this article; or (B) a permitted quarry where no mineral has been produced or overburden removed for a period of one year and the permittee has vacated the site covered by the permit without having
complied with all the requirements of the permit.
(2) "Backfill" means overburden, dirt, rock or other materials that are used as fill material to reduce steepness of slopes or to fill holes, depressions or excavations.
(3) "Berm" means an embankment of overburden or earthen material constructed intentionally to control drainage, visually screen the quarry, suppress noise or prevent access to the permitted area.
(4) "Borrow pit" means an area from which soil or other materials are removed to be used, without further processing, as fill for activities such as landscaping, building construction or highway maintenance and construction.
(5) "Critical gradient" means the maximum stable inclination of an unsupported slope as measured from a horizontal plane.

(6) "Director" means the director of the division or his or her authorized agents.

(7) "Disturbed land" means the land area from which the mineral is removed by quarrying and all other land area in which the natural land surface has been disturbed as a result of or incidental to the quarrying activities of the operator, including private ways and private roads appurtenant to the area, land excavations, workings, refuse piles, product stockpiles, overburden piles and tailings. The term does not include manufacturing sites or reclaimed quarry areas.

(8) "Division" means the division of environmental protection.
(9) "Fill" means a side of hill fill or valley fill. It does not include berms or screening berms.
(10) "Inactive Operation" means either:

(A) A permitted site where active work has ceased temporarily due to weather conditions, market conditions or other reasonable cause; or

(B) A permitted site where active quarrying has not yet begun.

(11) "Manufacturing" means the process of converting raw materials to salable products but does not include crushing or screening of noncoal minerals undertaken in close proximity to active quarrying operations.

(12) "Manufacturing site" means an area of land on which manufacturing occurs and associated areas.

(13) "Minerals" means natural deposits of commercial value found on or in the earth, whether consolidated or loose, including clay, flagstone, gravel, sand, limestone, sandstone, shale, chert, flint, dolomite, manganese, borrow material, iron ore and any other metal or metallurgical ore. The term does not include coal or topsoil.
(14) "Mulch" means any natural or plant residue, organic or inorganic material, applied to the surface of the earth to retain moisture and curtail or limit soil erosion.
(15) "Neighboring" means in close proximity or in the immediate vicinity, but not necessarily in actual contact.
(16) "Operator" means a person who conducts quarry activities either with or without a permit.
(17) "Permit area" means the area of land indicated on the approved map submitted by the permittee with the quarrying and reclamation plan as specified in section seven of this article showing the exact location of end strip markers, permit markers and monuments.

(18) "Permittee" means any person who holds a valid permit to conduct quarrying.

(19) "Person" means any individual, partnership, firm, association, trust or corporation.
(20) "Pre-law quarry" means a quarry that was quarried and not reclaimed prior to the effective date of this section.
(21) "Quarry" means all areas quarried or being quarried, as well as adjacent areas ancillary to the operation, together with preparation and processing plants, storage areas and haulage ways, roads or trails.
(22) "Quarrying" means any of the following:
(A) The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals;
(B) Any activity constituting all or part of a process for the extraction or removal of minerals from their original location; or
(C) The extraction of sand, gravel, rock, stone, earth or fill from borrow pits for highway construction or other public facilities;
(D) Quarrying does not include manufacturing.
(23) "Reclamation" means the rehabilitation of the disturbed land for useful purposes and that it will become stable and productive.
(24) "Side of hill fill" means overburden, dirt or rock that is placed on a natural slope of more than twenty degrees.
(25) "Spoil pile" means piles of overburden material displaced by excavating equipment, blasting or other methods and placed on natural ground with an original slope of zero degrees to twenty degrees.
(26) "Surface of a regraded bench" means the top portion or part of any regraded area.
(27) "Unreclaimed" means land which has not been rehabilitated for useful purposes or the protection of natural resources.
(28) "Valley fill" means a fill structure consisting of material placed in a valley where the natural side slopes measured at the steepest point are greater than twenty degrees or the average slopes measured at the steepest point are greater than twenty degrees or the average slopes or the profile of the hollow is greater than twenty degrees.
§22-4-5. Director of the division of environmental protection;

duties and functions.

Authority to administer and enforce the provisions of this article is hereby vested in the director of the division. The director and the director of the office of miners health, safety and training shall cooperate with respect to each agency's programs and records so as to effect an orderly and harmonious administration of the provisions of this article. The director of the division may avail himself or herself of any services which may be provided by other state agencies in this state and other states or by agencies of the federal government and may reasonably compensate them for services. He or she may also receive any federal funds, state funds or any other funds for the reclamation of land affected by quarrying. No public officer or employee in the division, the office of miners' health, safety and training, or in the office of attorney general, having any responsibility or duty either directly or of a supervisory nature with respect to the
administration or enforcement of this article may:
(1) Engage in quarrying as a sole proprietor or as a partner;
(2) Be an officer, director, stockholder, owner or part owner of any corporation or other business entity engaged in quarrying; or
(3) Be employed as an attorney, agent or in any other capacity by any person, partnership, firm, association, trust or corporation engaged in quarrying.
Any violation of this section by any public officer or employee subject to the prohibitions contained in this section is grounds for removal from office or dismissal from employment, as the case may be.
§22-4-6. Inspectors and inspections.
(a) The director shall employ qualified inspectors and is authorized to employ other personnel necessary to carry out the purposes of this article. Inspectors shall have at least two years experience with environmental issues. Employees are covered under the classified service of the state.
(b) The director shall cause each permit area to be inspected at least once every six months. The inspection shall determine if the permittee has complied with the permit, the requirements of this article and rules promulgated thereunder.
§22-4-7. Quarry permit required.
(a) It is unlawful for any person to engage in quarrying without having first obtained from the division a permit as provided in this section.
(b) An application for quarry permit is required for each quarry. The application shall fully state the information reasonably required by the director. The application may be in writing and on a form prepared and furnished by the division, or the application may be submitted electronically. Applicants shall verify electronic submissions by signed affidavit.

(c) The application shall include the following information:
(1) The names and addresses of the owners of the surface of the land to be quarried;
(2) The names and addresses of the owners of the mineral to be quarried;
(3) The source of the applicant's legal right to conduct quarrying on the land to be covered by the permit;
(4) An estimate of the number of acres to be covered by the permit area;
(5) A list of other quarrying permits held by the permittee:

(6) The names and mailing addresses of every officer, partner, director of the applicant or a person fulfilling a similar function of a director;
(7) The names and mailing addresses of any person owning of record or beneficially ten percent or more of any class of stock of the applicant;
(8) The name of any person listed in subdivisions (6) and (7) above who had a quarry permit revoked or had a quarry bond forfeited within the last five years; and
(9) A certificate of insurance issued by an insurance company authorized to do business in this state. The insurance policy may cover all quarry operations of the applicant, including blasting, where applicable in this state and shall provide personal injury protection in an amount not less than five hundred thousand dollars and property damage protection not less than three hundred thousand dollars.

(d) A permit may cover more than one tract of land, if the tracts are described in the application.

(e) If a permittee has more than one permit at any quarrying site those permits may be consolidated into one permit at the request of the permittee.
§22-4-8. Quarrying and reclamation plan.
(a) The application for a permit shall include a proposed quarrying and reclamation plan.
(b) The quarrying and reclamation plan is not required to be completed by a professional engineer or licensed land surveyor. It shall include the following information:
(1) The common name and geologic name, if known, of the mineral or minerals to be quarried;
(2) The purpose for which the land to be permitted was previously used;
(3) The proposed useful purposes of the land following completion of quarrying;
(4) A general description of the manner in which the land is to be opened for quarrying and how the quarrying activity is to progress across the tract and an approximate time frame for reclamation of each area or phase of the quarrying;
(5) The manner in which topsoil is to be conserved and used in reclamation and, if conditions do not permit conservation and restoration of all or part of the topsoil, an explanation of the conditions and proposed alternative procedures;
(6) The manner in which the compaction of the fill will be accomplished where backfilling is proposed or the applicant's proposed useful purposes of the land if the reclamation requires fill;
(7) The description of the proposed final topography for the applicant's proposed land use after reclamation is completed and the proposed method of accomplishment;

(8) The practices to provide public safety for adjacent properties;
(9) The manner and type of revegetation or other surface treatment of the disturbed land; and

(10) A blasting plan that meets the requirements of section fifteen of this article, and describes whether the scale distance formula or a seismograph will be used to monitor blasting.
(c) An application for a permit shall indicate the existence of known, threatened or endangered species located within the proposed permit boundary. Threatened and endangered species are those listed in the federal endangered species act of one thousand nine hundred seventy-three, 16 U.S.C. §§ 1531-1545. The director shall not impose any enforcement of this subsection which is more strict than that of the federal act cited above.

(d) The application shall provide the following information with respect to slopes and gradients:

(1) Final slope gradients of fill areas shall be designed using recognized standards and certified by a professional engineer or other approved professional specialist, except for backfill within the mineral excavation pit area, where no standard shall apply.
(2) The designed steepness and proposed treatment of the final slopes shall take into consideration the physical
properties of the slope material, its probable maximum water content, landscaping requirements and other factors and may range from ninety degrees in a sound limestone or similar hard rock to less than twenty degrees in unconsolidated materials.
(3) The quarrying and reclamation plan shall specify slope angles flatter than the critical gradient for the type of material involved.
(4) The toe of the proposed fill will rest on natural slopes no steeper than twenty degrees unless a detailed geotechnical study of the toe foundation area is completed. The results of this study and subsequent stability evaluations must assure a static safety factor of at least one and one half. Engineering designs for fills constructed on natural slopes steeper than twenty degrees may require overexcavation of the toe area to rock, incorporation of toe buttresses or other engineered configurations to enhance stability. The design and construction of all fills proposed on natural slopes steeper than twenty degrees shall be certified by a registered professional engineer.
(5) Constructed slope fills steeper than two horizontal to one vertical must exhibit a static safety factor of one and one-half.
(6) Fills may be constructed with slopes no steeper than one and one-half horizontal to one vertical unless an eight foot minimum wide bench is installed at a maximum of every twenty feet in vertical height of the fill. The bench shall have a slope of three to five percent toward the fill area.
(7) Surface water runoff from the area above fills shall be diverted away from the fill into stabilized diversion channels. Runoff from the fill surface shall be diverted to stabilized channels off the fill.
(8) During and after construction of a fill area, slope protection shall be provided to minimize surface erosion. All disturbed areas of the fill, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.
(e) Highwalls exceeding fifty feet which are to be left after completion of quarrying may be backfilled or shot down to provide a final slope in compliance with subsection (d) of this section unless:

(1) It is demonstrated that the highwall is stable;

(2) Adequate material removed in the process of quarrying and not located in a permanent disposal area, is not available; or

(3) These actions are precluded by close proximity to permit boundaries or other physical limitations.

(f) Backfills, fills, cut slopes and highwalls that are part of a permit area prior to the effective date of this article are not required to comply with subdivisions (1) through (8), subsection (d) of this section. Permits issued prior to the effective date which contain the requirements of subdivisions (1) and (2), subsection (d) or subsection (e) of this section are not exempt unless modified by the division.
(g) The final land form shall be graded to provide positive drainage throughout the permit area except areas that are to be ponded in accordance with the quarrying and reclamation plan map.
§22-4-9. Quarrying and reclamation plan map and attachments.
(a) The application for a permit shall be accompanied by four copies of an enlarged United States geological survey topographic map or a topographic map prepared from a photogrammetric survey. Aerial photographs of the area are acceptable if the plan for quarrying and reclamation can be shown to the satisfaction of the director. The map shall:
(1) Be prepared and certified by a registered professional engineer, licensed land surveyor or by any other professional person determined qualified by the director;

(2) Show the boundaries of the proposed permit area and the property lines of the subject property;
(3) Show underground operations within five hundred feet and designate whether active or inactive;

(4) State the names of land owners of record within five hundred feet of the proposed permit area and the names of the landowner of the permit property;

(5) Be of a scale not smaller than one inch equals five hundred feet;

(6) Show the names and locations of all streams and other bodies of water, roads, railroads, buildings, cemeteries, active, abandoned or plugged oil and gas wells, and distribution utility lines on or within five hundred feet of the proposed permit area;

(7) Show the outcrop line and the strike and dip of the mineral deposit to be quarried;
(8) State the date and dates of revision on which the map was prepared;

(9) Contain a vicinity map and north arrow and state the name of the county and district of the permit and the nearest post office;
10) Show representative cross-sections which include the depth of various strata, including acid producing strata, the contours prior to quarrying and the proposed contours following quarrying;
(11) Show the drainage control plans on and away from the area of land to be disturbed depicting the directional flow of water, constructed drain ways and natural waterways receiving discharge from the permit area; and
(12) Contain this map certification "I, the undersigned, hereby certify that this map is correct and shows all the information required by the quarrying laws of this state, to the best of my knowledge and belief". The certification shall be notarized.
§22-4-10. Required fees.

(a) The fee for an original permit is five hundred dollars.

(b) An annual permit fee of one hundred dollars shall be submitted with the annual progress report map.
(c) All registration and renewal fees for quarrying shall be collected by the director and shall be deposited with the treasurer of the state of West Virginia to the credit of the operating permit fees fund and shall be used, upon requisition of the director, for the administration of this article.
§22-4-11. Review of application; public notice of application.
(a) The director shall, upon receipt of an application for a permit, determine if the application is complete and contains the information required on the application form. If the application is determined incomplete, the applicant shall be notified, within fifteen working days and provided with written comments stating the deficiencies. Should the applicant disagree with the decision of the director, he or she may, by written notice, request a hearing before the director. The director shall hold the hearing within thirty calendar days after receipt of this notice. When a hearing is to be held, the director shall notify the applicant of the decision by certified mail within twenty days after the hearing. An applicant aggrieved by a final order of the director made after the hearing or without a hearing may appeal the order to the quarry review board. Any appeal to the quarry review board shall be taken without prejudice by the director in the final review of a permit application.
(b) If the application for a new permit is determined complete, the director shall cause to be published, as a Class III legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code, a notice of the application for the permit. The notice shall contain in abbreviated form the information required by this section, together with a statement that a request for a public hearing, written protests or comments to the application will be accepted until a specified date, set thirty days after the first publication of the notice. The advertisement shall indicate that a copy of the complete application is available for public inspection at the county clerk's office, courthouse or courthouses of the county or counties in which the proposed permit area is located.
The publication area for the notices required by this section shall be the county or counties in which any portion of the proposed permit area is located. The cost of all publications required by this section shall be borne by the applicant.
(c) The director shall receive and consider evidence or comments submitted by anyone whether adversely affected or not. If there is no valid request for a public hearing from a resident or landowner within one thousand feet of the proposed permit property at the time of the application submittal the review of the application shall proceed.
§22-4-12. Approval or denial of permit.
(a) The director shall approve or deny the permit or permit modification requested as expeditiously as possible, but not later than thirty days after the close of the public notice or if a public hearing is held, thirty days after the close of the hearing.
(b) If the public hearing requires supplemental information to be filed with the director, the decision to approve or deny the permit requested shall be made not later than thirty days after that information is submitted.
(c) The director may deny the permit or permit modification only on demonstrating that:
(1) Any requirement of this article or any rule adopted under it will be violated by the proposed operation;
(2) The operation will constitute a substantial environmental harm or a substantial physical harm to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public or private property in existence at the time of application for the permit;
(3) The operation will have a significantly adverse effect on the uses of a neighboring publicly owned park, forest, or recreation area in existence at the time of application for the permit; or
(4) The applicant has not corrected all violations which he or she committed under any prior permit and which resulted in:

(i) Revocation of his or her permit;
(ii) Termination of the operation by order of the director;
(iii) Forfeiture of part or all of his or her bond or other security; or
(iv) A court order issued against the applicant as a result of division action.

(d) A permit shall remain valid until quarrying is completed and the final inspection and report is approved pursuant to section thirty of this article or until the permit is revoked pursuant to section twenty-three of this article.
§22-4-13. Modification.
(a) Any permittee may apply at any time for modification of the permit. The application shall be in writing upon
forms furnished by the director and shall fully state the information requested. The application must provide the director with any additional information necessary to satisfy application requirements. The applicant is not required to resubmit information that remains unchanged since the time of the prior application. In addition, the applicant may be required to furnish any other information as may be determined necessary by the director in order to adequately enforce the article.
(b) A modification under this section may affect the land area covered by the permit, the approved reclamation plan coupled with the permit, or other terms and conditions of the permit. A permit may be modified to include land adjacent or neighboring the affected land, but not other lands. The quarrying and reclamation plan may be modified in any manner, so long as the director determines that the modified plan fully meets the standards set forth in this article and that the modifications would be generally consistent with the issuance of the original permit.
(c) No modification of a permit shall become effective until any required changes have been made in the performance bond or other security posted under the provisions of section sixteen of this article so as to assure the performance of obligations assumed by the permittee under the permit and the quarrying and reclamation plan.
(d) Notice of opportunity for a public hearing is required for applications for permit modification requesting additional land which exceeds ten percent of the permit area.
(e) In lieu of a permit modification a permittee may apply for a new permit in the manner described by section seven of this article.
(f) If the director determines from inspections of the quarry that the activities under the quarrying and reclamation plan and the permit or its conditions will cause harm or danger to the public safety or environment the director shall give the permittee written notice of:
(1) The director's determination; and
(2) The director's intention to modify the permit and quarrying and reclamation plan in a stated manner.
§22-4-14. Transfer of a permit.
(a) (1) When the interest of a permittee in any quarry operation is sold, leased, assigned, or otherwise disposed of, the director shall transfer the permit and release the transferor from his or her liabilities imposed by this article or regulations issued hereunder if both the transferor and transferee have complied with the requirements of this article and the transferee in interest assumes the duties and responsibilities under the permit.
(2) Both the transferor and transferee must agree to the transfer in writing.
(3) The transferee shall provide information required by the director.
(b) Fee -- The proposed transferee shall pay a five hundred dollar fee with the filing of an application for transfer of permit.
(c) Approval -- The director shall approve and grant the permit transfer as expeditiously as possible but not later than thirty days after the application forms or any supplemental information required are filed with the director.
(d) Denial -- The director may deny the permit transfer on finding:
(1) That the transferor or transferee has an unabated violation of the type listed in section twenty-three of this article; or
(2) That the proposed transferee has failed to pay the transfer fee stated above or post the bond required by section sixteen of this article.
(e) Provided -- If the director denies an application to transfer a permit, the director shall give the permittee and the proposed transferee written notice of:

(1) The director's determination;
(2) Any changes in the application which would make it acceptable; and

(3) The right of the permittee and the proposed transferee to a hearing before either or both the director or the quarry review board.
(f) (1) If a hearing before the director is not requested within fifteen days after receipt of the director's notice of the denial, the denial shall be considered the director's final order on the matter appealable to the quarry review board.
(2) If a hearing before the director is requested within fifteen days after receipt of the director's notice, the date for the hearing may not be less than fifteen days nor more than thirty days after the date of the request unless the parties mutually agree on another date.
(3) The director shall enter a final order granting or denying the transfer application within thirty days after the hearing.
§22-4-15. Blasting restrictions; formula; filing preplan;

penalties; notice.

(a) Where blasting of overburden or mineral is necessary, the blasting shall be done in accordance with established principles for preventing injury to persons and damage to residences, buildings and communities. The blasting is in accordance with provisions of this article if the following measures are adhered to:
(1) No blasting shall be conducted on Sundays unless the permittee notifies the division that an emergency exists,
(2) The weight in pounds of explosives to be detonated in any period less than an eight millisecond period without seismic monitoring shall conform to the following scaled distance formula: W=(D/50) (to the second power). Where W equals weight in pounds of explosives detonated at any one instant time, then D equals distance in feet from nearest point of blast to nearest residence, building or structure, other than operation facilities of the quarry: Provided, That the scaled distance formula need not be used if a seismograph measurement at or between the blast site and the nearest residence or building is recorded and maintained for every blast.
(3) The peak particle velocity in inches per second in any one of the three mutually perpendicular directions shall not exceed the following values at any protected structure:

Seismograph MeasurementDistance to the Nearest
Protected Structure

1.250 - 300 feet
1.00301 - 5,000 feet
0.755,001 feet or greater

The maximum ground vibration standards do not apply to the structures owned by the permittee and not leased to another person and structures owned by the permittee and leased to another person, if a written waiver by the
lessee is submitted to the director before blasting. The maximum ground vibration standards also do not apply on property not owned by the permittee if that landowner submits a written waiver to the director.
(4) Airblast measured by the seismograph used for compliance monitoring at or between the blast site and the nearest residence or building shall not exceed the maximum limits listed below:
Lower frequency limit of measuring
system in Hz(+3dB)Maximum level in db
1Hz or lower-flat response134 peak
2Hz or lower-flat response133 peak
6Hz or lower-flat response129 peak
c-weight-slow response105 peak dBC
The 1Hz or lower-flat response and the c-weight slow response may be used when approved by the director.
(5) Access to the blast area shall be controlled against the entrance of unauthorized personnel during blasting and for a period thereafter until an authorized person has reasonably determined that:

(A) No unusual circumstances such as imminent slides or underdetonated charges exist, and
(B) Access to and travel in or through the area can be safely resumed.

(6) A plan of each operation's methods for compliance with this section (blast delay design) for typical blasts, which shall be adhered to in all blasting at each operation, shall be submitted to the director with the application for a permit.
(7) Records of each blast shall be kept in a log to be maintained for at least three years which will show, for each blast, the following information:
(A) Date and time of blast,
(B) Number of holes;
(C) Typical explosive weight per delay period;
(D) Total explosives in blast at any one time;
(E) Number of delays used;
(F) Weather conditions;
(G) Signature of permittee employee in charge of the blast;
(H) Seismograph data;
(I) Date of seismograph calibration; and
(J) Whether the scale distance formula or a seismograph was used for compliance monitoring.
(8) All blasting is to be conducted by blasters certified in accordance with laws and regulations administered by the West Virginia regulatory authority responsible for certification.
Blasters who are currently conducting blasting at quarry operations, and have been doing so for two years or more prior to the effective date of this article are considered to be certified.
(b) Where inspection by the division establishes that the scaled distance formula or the seismograph results or the approved preplan are not being adhered to, the following penalties may be imposed:
(1) For the first offense in any one permit year under this section, the permit holder may be assessed not less than one hundred dollars nor more than one thousand dollars;
(2) For the second offense in any one permit year under this section, the permit holder may be assessed not less than one thousand dollars nor more than five thousand dollars;
(3) For the third offense in any one permit year under this section or for the failure to pay any assessment herein above set forth within a reasonable time established by the director, the permit may be revoked.
(4) All assessments as set forth in this section shall be assessed by the director, collected by the director and deposited with the treasurer of the state of West Virginia, to the credit of the operating permit fees fund.
(c) The director shall propose rules for legislative approval pursuant to article three, chapter twenty-nine-a of this code which shall provide for a warning of impending blasting to the owners, residents or other persons, who may be present on property adjacent to the blasting area.
(d) After receipt and approval of an application for a new permit the director may require a preblast survey, to be submitted before blasting, for residences or buildings within one thousand feet of the blasting or requested by anyone within one half mile of the blasting area.
The preblast survey shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting.
A permittee required to conduct a preblast survey may not conduct blasting within one thousand feet of any residence or building except that the director shall grant written permission if:
(1) The permittee or applicant obtains permission to enter appropriate nearby properties and conducts a preblasting survey, or documents an offer and unsuccessful attempts, to conduct a preblast survey or
(2) The permittee or applicant obtains written consent of the owners of all buildings, dwellings or structures situated within those areas.
§22-4-16. Performance bonds.
(a) Each applicant who makes application for a permit under section seven of this article shall, at the time the permit is requested, furnish a performance bond after permit approval but before its issuance, on a form to be prescribed and furnished by the director, payable to the state of West Virginia and conditioned that the permittee shall faithfully perform all of the requirements of this article.
The bond or bonds shall cover the entire area disturbed by quarrying plus the estimated number of acres to be disturbed in the upcoming year.
As additional areas outside the bonded acreage are needed to facilitate the quarry operation, the permittee shall file an additional bond or bonds to cover the additional acreage with the director.
The bond shall be posted and accepted by the director prior to disturbing an area for quarrying-related activity.
(b) The amount of the bond shall be not less than one thousand dollars for each acre or fraction thereof of the land to be disturbed. The director shall determine the amount per acre of the bond that is required before a permit is issued. The minimum amount of bond furnished shall be ten thousand dollars.
(c) The performance bond shall be executed by the permittee and a corporate surety licensed to do business in the state of West Virginia. In lieu of corporate surety, the permittee may elect to deposit with the director cash, or collateral securities, irrevocable letters of credit, or certificates as follows:
(1) Bonds of the United States or its possessions, of the federal land banks, or of the homeowners' loan corporation;
(2) Full faith and credit general obligation bonds of the state of West Virginia, or other states, and of any county, district or municipality of the state of West Virginia or other states;
(3) Certificates of deposit in a bank in this state, which certificates shall be in favor of the division; or
(4) Irrevocable letters of credit issued by a bank within the state, expressly stating that the total sum is available and payable directly to the director on demand.
(d) The cash deposit or market value of securities or certificates deposited in accordance with subsection (c) of this section, shall be equal to or greater than the sum of the bond. The director shall, upon receipt of any deposit of cash, securities or certificates, immediately place the same with the treasurer of the state of West Virginia whose duty it is to receive and hold the same in the name of the state in trust for the purpose for which the deposit is made. The permittee making the deposit is entitled from time to time to receive from the state treasurer, upon the written order of the director, the whole or any portion of any cash, securities or certificates so deposited, upon depositing with the treasurer in lieu thereof, cash or other securities or certificates of the classes herein specified having value equal to or greater than the sum of the bond.
(e) It is unlawful for the owner or owners of surface rights or the owner or owners of mineral rights to interfere with the permittee in the discharge of the permittee's obligation to the state for the reclamation of lands disturbed by the permittee.
(f) The liability under the bond shall be for the duration of the permit and for a period of two years after reclamation unless previously released in whole or part as provided in section seventeen of this article.
§22-4-17. Release of bonds.
On completion of the reclamation, and after the requirements of the permit have been fully complied with, the director shall release the bond. An amount of the bond or cash deposit, proportioned to the reclaimed portion of the disturbed land in ratio to all of the disturbed land covered by the permit, may be released on application by the permittee and inspection and approval by the division. Performance bonds will be released upon acceptance into the reclamation security fund and payment of the required fees. Performance bonds for the transferor of a permit shall be released after the transferee posts a bond acceptable to the director.
§22-4-18. Reclamation security fund.
(a) In lieu of the requirements of section sixteen of this article, a permittee accruing five years of satisfactory operation under this article or previous mining law will be required to enter the reclamation security fund (RSF). For each quarry, the permittee shall make an initial payment to the fund of fifty dollars for each acre currently disturbed plus each acre estimated to be newly disturbed during the next ensuing year. Thereafter, the permittee shall make an annual payment of twelve dollars and fifty cents for each disturbed acre plus each acre estimated to be newly disturbed during the next ensuing year determined by the annual progress report and map. The payments shall continue until the permittee has paid into the RSF a total of one thousand dollars for each disturbed acre.
(b) Entry in the RSF shall be mandatory for all eligible permittees.
(c) No annual RSF deposits will be collected from permits where the permit RSF deposits divided by the number of disturbed acres is equal to or greater than one thousand per acre.
(d) Permittee deposits into the RSF will be released under any of the following conditions:
(1) On completion of the quarrying and reclamation, and after the requirements of the permit have been fully complied with, the director shall return all RSF deposits to the permittee.
(2) When the director grants the approval of the transfer of the quarry permit to another permittee all RSF deposits shall be returned to the transferring permittee. If the successor permittee has five years of previously satisfactory operations, he or she shall enter into the RSF for the new permit.
(3) When the quarry permit area is completely relinquished to another permittee, other than in a permit transfer, all of the RSF deposits for the permit shall be returned to the relinquishing permittee upon the directors approval of the relinquishment.
(4) When the RSF balance for a permit exceeds one thousand dollars for each disturbed acre and each acre estimated to be disturbed during the next ensuing year the director shall return the excess funds to the permittee.
(e) All interest accrued to the RSF shall be used to reclaim abandoned quarry lands as provided in section thirty-five of this article.
(f) If a permit is revoked pursuant to section twenty-three of this article the payments that the permittee has made to the RSF for that permit shall be forfeited. The director shall use those forfeited payments for the reclamation of the quarry to which it applied.
(g) If the cost of reclamation exceeds the amount of payments the director shall also use monies from the permittees bond or other security in conjunction with the revocation of that permit, and if necessary, income from monies deposited in the RSF by other permittees.
§22-4-19. Annual progress report and map.
(a) The permittee shall file a progress report and map with the division by the first day of May each year, on a form prescribed and furnished by the division, which shall cover the preceding calendar year and shall:
(1) Identify the quarry, the permittee, and the permit number;
(2) Identify the location of the operation as to county, district, nearest municipality and nearest public road;
(3) Report the type of mineral produced;
(4) State the acreage disturbed by the quarrying during the previous year;
(5) State and describe the amount and type of reclamation carried out during the previous year;
(6) Estimate the acreage to be newly disturbed by the quarrying in the next year.
(b) In addition, the permittee shall furnish to the division a map showing the status of the operation and indicating the area affected and reclaimed during the preceding year, particularly with relation to the property lines and boundaries shown on the map and survey furnished with the original application. A registered professional engineer or professional surveyor is not required to prepare this progress report map. However, if prepared by the permittee, the map shall be of reasonable quality, accuracy and legibility, and acceptable to the division.
(c) An aerial photograph may be submitted in lieu of the map.
(d) The progress report and map shall be the basis used to determine the amount of the performance bond required by section sixteen of this article and the annual payment to the reclamation fund required by section eighteen of this article.
(e) The progress report shall include a certificate of insurance if requested by the director.
§22-4-20. Performance standards.
(a) If the permittee or other person desires to conduct underground quarrying upon the premises or use underground quarry opening haulage ways for other lawful purposes, the permittee may designate locations to be used for these purposes where it will not be necessary to backfill if required by the permit, until the underground quarrying or other uses is completed, during which time the bond on file for that portion of that operations may not be released. Locations shall be described on the map required by the provisions of section seven of this article.
(b) The permittee shall impound, drain or treat all runoff water so as to reduce soil erosion, damage to agricultural lands and pollution of streams and other waters.
(c) In the case of storm water accumulations or any breakthrough of water, adequate treatment shall be undertaken by the permittee so as to prevent pollution occurring from the release of water into the natural drain way or stream. Treatment may include check-dams, settling ponds and chemical or physical treatment. In the case of a breakthrough of water, when it is possible, the water released shall be impounded immediately. All water so impounded shall receive adequate treatment by the permittee before it is released into the natural drain way or stream.
(d) Water leaving the permit area is subject to the requirements of article eleven of this chapter and must comply with the NPDES permit.
(e) The permittee shall remove or properly dispose of all metal, equipment and other refuse resulting from the operation. No permittee shall throw, dump or pile; or permit the throwing, dumping, piling or otherwise placing of any overburden, stones, rocks, coal, mineral, earth, soil, dirt, debris, trees, wood, logs or other materials or substances of any kind or nature beyond or outsider the area of land which is under permit for which bond has been posted, unless it is placed on a site which has a permit allowing that activity, nor shall any permittee place any of the foregoing listed materials in such a way that normal eroding or slides brought about by natural physical causes will permit the same to go beyond or outside the area of land which is under permit and for which bond has been posted.
(f) There shall be no mineral extraction within fifty feet of any public road, stream, lake or other public property, unless it is determined by the director that this activity is safe to the public welfare and the environment. If mineral extraction is prohibited within the fifty foot buffer, the buffer may be utilized by the permittee for screening, drainage control, and roadways provided that adequate safety controls are in place. The fifty foot restriction does not apply to the dredging and removal of minerals from the streams or watercourses of this state. In no event is disturbance past the property line or right of way line permitted without written permission of the owner.
(g) Lateral drainage ditches connecting to natural or man-made waterways shall be constructed to control water runoff and prevent erosion. The depth and width of natural drainage ditches and any other diversion ditches may vary depending on the length and degree of slope.
(h) When the planting of an area has been completed and full or partial bond release is requested the permittee shall file a planting report with the director on a form to be prescribed and furnished by the director providing the following information:
(1) Identification of the operation;
(2) The type of planting or seeding, including mixtures and amounts;
(3) The date of planting or seeding;
(4) The area of land planted; and
(5) Other relevant information required by the director. All planting shall be certified by the permittee, or by the party with whom the permittee contracted for planting.
(i) All fill and cut slopes of the operation and haulage ways shall be seeded and planted in a manner as prescribed by the mining and reclamation plan in the first planting or seeding season after the construction.
(j) After quarrying is completed, the site will be stabilized to prevent erosion. Stabilization may be accomplished by vegetative cover or other means as approved in the quarrying and reclamation plan. Rules proposed under section twenty-two of this article shall contain guidelines for establishing the various types of stabilization.
(k) Planting shall be carried out so that it is completed before the end of the first available planting season. Vegetative planting may be completed by the permittee or the permittee may contract with the local soil conservation district or a private contractor. A revegetation schedule shall be incorporated into the quarrying and reclamation plan.
(l) The permittee may use visual screening methods such as berms, plantings, or fences which may be placed along the fifty foot buffer where conditions allow and where the site is readily visible to the general public.
§22-4-21. Time in which reclamation shall be completed.
(a) The permittee shall commence the reclamation of the area of land disturbed by the permittee after the completion of all quarrying of that area in accordance with the approved quarrying and reclamation plan and shall complete reclamation within two years.
(b) At the option of the permittee and with the director's concurrence, a quarry permit may be inactive for an indefinite period during which no mineral or overburden is removed if the following conditions are met:
(1) All disturbed areas are reclaimed or stabilized to prevent erosion and sedimentation;
(2) All drainage and sediment control structures, such as culverts, ditches, sediment basins and traps are maintained; and
(3) All vegetation is maintained (reseeded as necessary)
§22-4-22. Rules.
(a) The director shall propose rules for legislative approval in accordance with the provisions or article three, chapter twenty-nine-a of this code, for the effective administration of this article. The rules shall be approved by the quarry review board prior to submission to the Legislature.
(b) Pursuant to the authority granted to the office of mine health safety and training set forth in article four chapter twenty- two-a of this code, the office shall, not later than six months from the effective date of this article, propose rules providing for the health, safety and training of workers in the quarrying industry for legislative approval pursuant to the provisions of article three, chapter twenty-nine-a of this code. The office shall consult with the division and the quarrying industry in the preparation of the rules. The rules shall recognize and acknowledge the difference between coal mining and quarrying and shall be specifically tailored to the quarry industry.
§22-4-23. Noncompliance.
(a) If any of the requirements of this article or rules proposed pursuant thereto, the permit and its conditions or the orders of the director have not been complied with within the time limits set by the director or by this article, the director shall cause a notice of noncompliance to be served upon the permittee. A copy of the notice or order shall be handed to the permittee in person or served by certified mail addressed to the permittee at the permanent address shown on the application for a permit.
(b) The notice of noncompliance shall specify in what respects the permittee has failed to comply with this article, the rules, the permit and its conditions or orders of the director.
(c) If the permittee has not reached an agreement with the director or has not complied with the requirements set forth in the notice of noncompliance within the time limits set therein, the permit may be suspended by order of the director. If a consent agreement has not been reached within thirty days after suspension of any permit, any and all suspended permits shall then be declared revoked and the performance bonds with respect thereto forfeited.
(d) (1) Any permittee who forfeits a bond shall not be issued any new permits, permit modifications, or transfers until the permittee complies with the requirements of subdivision (2) of this subsection. Other permits issued to this permittee existing at the time of forfeiture shall continue in full force and effect.
(2) After a permittee corrects the violations which resulted in a bond forfeiture, subsequent permits may be issued if all requirements of sections seven, eight, nine and sixteen of this article are met and the permittee reimburses the division for the cost of any reclamation which it completed on the forfeiture site or completes the reclamation as required by the permit issued for the site.
§22-4-24. Bond forfeiture.
(a) The performance bond or reclamation security fund deposits shall be forfeited on failure of the permittee to perform in the manner set forth in the authorized quarrying and reclamation plan and to reclaim the land as provided for in the permit or upon revocation of the permit. The director shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States postal service, of its intention to initiate forfeiture proceedings. The permittee has thirty days to request a hearing before the quarry review board.
(b) On the permittee's showing of cause, the director shall provide for a reasonable time, for the permittee to restore the land to comply with the permit.
(c) On the failure of the permittee to show cause, the director may initiate forfeiture proceedings against the bond or reclamation security fund deposits. The director shall provide notice of the forfeiture proceedings to the permittee, the legal owner of the land, and the surety. If a showing of intent to restore compliance with the permit is not submitted to the director within thirty days from the day of initiation of forfeiture proceedings, the bond or reclamation security funds deposits may be forfeited absolute.
(d) On the absolute forfeiture, the director shall use the funds made available by the forfeiture to reclaim the affected land as promptly and completely as possible.
§22-4-25. Adjudication and findings.
Every adjudication, determination or finding by the director affecting the rights, duties or privileges of any person subject to this article shall be made by written order and shall contain a written finding by the director of the facts upon which the adjucation, determination or finding is based. Notice of the order shall be given to the person whose rights, duties or privileges are affected thereby by mailing a true copy thereof by certified mail or by hand delivery. The director may not adjudicate property rights.
§22-4-26. Offenses; penalties; prosecutions; injunctive relief.
(a) Any operator who deliberately violates any provision of this article, permit or its conditions or conducts quarrying without a permit is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one thousand or more than ten thousand dollars or by imprisonment not exceeding six months, or by both. Each day of violation is a separate offense if the violation is continual and there are not extenuating circumstances. It is the duty of the director to institute prosecution for violations of the provisions of this article. The director may institute any suit or other legal action necessary for the effective administration of the provisions of this article.
(b) Upon application by the director, the attorney general or the prosecuting attorney of the county in which the major portion of the permit area is located, any court of competent jurisdiction may by injunction compel compliance with and enjoin violations of the provisions of this article. The court or the judge thereof in vacation may issue a preliminary injunction in any case pending a decision on the merits of any application filed. An application for an injunction under the provisions of this section may be filed and injunctive relief granted notwithstanding that all of the administrative remedies provided for in this article have not been pursued or invoked against the person or persons against whom relief is sought and notwithstanding that the person or persons against whom relief is sought have not been prosecuted or convicted under the provisions of this article.
(c) The judgement of the circuit court upon any application filed under the provisions of this article is final unless reversed, vacated or modified on appeal to the supreme court of appeals. Any appeal shall be sought in the manner provided by law for appeals from circuit courts except that the petitioner seeking such review must file with said supreme court of appeals within thirty days from the date of entry of the judgement of the circuit court.
§22-4-27. Appeals to the quarry review board.
Any person aggrieved or adversely affected by any rule or order of the director or his or her failure to enter an order may appeal to the quarry review board pursuant to the provisions of article one, chapter twenty-two-b of this code, for an order vacating or modifying the rule or order, or for an order the director should have entered.
§22-4-28. Quarry review board.
(a) There is hereby created a "Quarry review board" composed of five members appointed by the governor with the advice and consent of the senate. Two members shall be citizens of the state having no financial interest in any quarrying activity. Two members of the board shall be quarry permittees or their representatives who have been engaged in operations in this state for at least five years. One member shall be an individual property owner who leases land or is an executive of a corporation that leases land upon which quarry operations have been or are being conducted, but who has no other financial interest in quarrying operations. No board member may participate in a decision regarding a permit in which he or she maintains a financial interest as a permittee or landowner. No more than three members of the board may be from the same political party.
(b) The appointed members of the board shall serve staggered terms of three years. Of the members first appointed, one member shall serve for one year, two members, for two years and two members, for three years, or until their sucessors are appointed and qualified. The governor may reappoint any member whose term expires; however, a member who has served all or part of two consecutive terms may not be reappointed unless three years have elapsed since the member last served. In the case of a vacancy during a term, appointments shall be for the unexpired term. The board shall elect a chair. Three members of the board shall constitute a quorum. The director or his or her designee shall serve as secretary to the board but is not a member and may not participate in deliberations or decisions of the board. The members may not receive compensation for their service but shall be reimbursed for their actual expenses incurred in the performance of their duties.
(c) The powers and duties of the board are:
(1) To review and approve rules proposed by the director under this article;
(2) To hear appeals from orders or decisions of the director;
(3) To affirm, vacate or modify any order or decision of the director; and
(4) To approve expenditures from the quarry reclamation fund.
(d) All appeals shall be in writing and shall set forth the rule, order or omission complained of and the grounds upon which the appeal is based:
(1) Where the appellant claims to be aggrieved or adversely affected by an order or decision, the appeal shall be filed with the board within thirty days after the date upon which the appellant received notice by certified mail of the issuance of the final order or decision of the director. A notice of the filing of the appeal shall be filed with the director within three days after the appeal is filed with the board.
(2) Within ten days after receipt of the notice of appeal, the director shall prepare and certify to the board a complete record of the proceedings before him or her including all documents and correspondence relating to the matter.
(3) When an appeal is filed, the board shall fix the time and place of hearing. The date fixed shall be within twenty days after the notice of appeal is filed, and at least ten days written notice of hearing shall be given to the appellant and the director by certified mail. The board may postpone or continue any hearing upon its own motion or upon application of the appellant or the director if both agree or for good cause shown.
(4) The filing of an appeal provided for in this section shall stay execution of the order appealed.

(5) The board shall hear the appeal de novo, and any party to the appeal may submit evidence.

(6) For the purpose of conducting a hearing on an appeal, the board may require the attendance of witnesses and the production of books, records and papers, and it may, and at the request of any party it shall, issue subpoenas for witnesses or subpoenas deuces tecum to compel the production of any books, records or papers, directed to the sheriff of the county where the witnesses, books, records or papers are found, which subpoenas and subpoenas duces tecum shall be served and returned in the same manner as subpoenas and subpoenas duces tecum in civil litigation are served and returned. The fees and allowances for mileage of sheriffs and witnesses shall be the same as those permitted in civil litigation in trial courts. Fees and mileage expenses incurred at the request of the appellant shall be paid in advance by the appellant, and the remainder of the fees and expenses shall be paid out of funds appropriated for the expenses of the division.
In case of disobedience or neglect of any subpoena or subpoena duces tecum served on any person, or the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county in which such disobedience, neglect or refusal occurs, or any judge on application of the board or any member thereof, shall compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena or subpoena duces tecumor a refusal to testify therein. Witnesses at hearing shall testify under oath, and any member of the board may administer oaths or affirmations to persons who so testify.
(7) In accordance with the provisions of section one, article five of chapter twenty-nine-a, all testimony at any hearing held by the board shall be recorded by stenographic notes and characters or by mechanical or electronic means. The record shall include all of the testimony and other evidence and the rulings on the admissibility of evidence, but any party may at the time object to the admission of any evidence and except to the rulings of the board thereon, and if the board refuses to admit evidence the party offering same may make a proffer thereof, and the proffer shall be made a part of the record of hearing. Copies of the record shall be made available at the expenses of the party making the request for the record.
(8) If upon completion of the hearing the board finds that the rule, decision or order appealed was lawful and reasonable, it shall make a written order affirming the rule, decision or order appealed. If the board finds that the rule, decision or order was unreasonable or unlawful, it shall make a written order vacating or modifying the rule, decision or order appealed; and if the board finds that the director has unreasonably or unlawfully failed to enter an order, it may enter the order it finds the director should have made. Every order entered by the board shall contain findings of facts and conclusions of law. Notice of the order shall be given forthwith to each party to the appeal by certified mail, return receipt requested. The board shall render its decision within thirty days after the close of the hearing.
(9) The order of the board shall be final unless vacated upon judicial review thereof in accordance with the provisions of section twenty-nine of this article.
§22-4-29. Appeal from the quarry review board.
(a) Within thirty days any person aggrieved by any opinion of the board shall have the right of appeal to the circuit court of Kanawha County or the circuit court of the county in which the quarry operation is located.
(b) The judgement of the court shall be final unless reversed, vacated or modified on appeal to the supreme court of appeals of West Virginia.
§22-4-30. Final completion inspection and report.
(a) On completion of reclamation of an area of disturbed land, the permittee shall notify the director. The director shall make an inspection of the area, and if the director finds that the permittee has not completed to the director's reasonable satisfaction all the reclamation required by the permit, the director shall order the permittee to do so and shall reinspect the area following completion of the work. If the director finds that reclamation has been completed properly and if the director has received the final reclamation report required under subsection (b) of the section, it shall notify the permittee in writing and release the permittee from further obligations regarding the affected land. At the same time it shall release all or the appropriate portion of any performance bond or reclamation security fund which the permittee has posted under section sixteen or section eighteen of this article.
(b) The permittee shall furnish a final reclamation report which includes the following:
(1) The terms of the original permit and all subsequent modifications;
(2) A summary of the original quarrying and reclamation plan and all subsequent modifications;
(3) A statement summarizing any departures from the quarrying and reclamation plan and the reasons for them;
(4) A statement summarizing any problems encountered during the progress of quarrying or reclamation, and the measures taken to correct these problems;
(5) The total acreage of land disturbed and reclaimed;
(6) The status or condition of areas progressively reclaimed since the initiation of quarrying in the area; and
(7) A final map or aerial photograph that adequately delineates the permit area. A registered professional engineer or professional surveyor is not required to prepare this map.
§22-4-31. Exemptions.
(a) The provisions of this article do not apply:
(1) to activities of the West Virginia department of transportation and any legally constituted public governing entities such as municipal corporations or other political subdivisions, including the federal government or to activities of any person acting under contract with any of these public agencies or entities, on highway rights-of-way or borrow pits owned, operated, or maintained solely in connection with the construction, repair and maintenance of the public roads systems of the state or other public facilities.
(2) This exemption does not become effective until the public agencies or entities have adopted reclamation standards applying to the activities.
(b) The provisions of this article do not apply to quarrying on federal lands when performed under a valid permit from the appropriate federal agency having jurisdiction over the land.
(c) The provisions of this article do not apply to the following activities:
(1) Those aspects of underground quarrying that do not have a significant effect on the surface, if the affected land does not exceed five acres in area;
(2) Operations engaged only in processing minerals;
(3) Excavation or grading conducted solely in aid of on-site farming or on-site construction for purposes other than quarrying;
(4) Removal of overburden and of limited amounts of any mineral when done only for the purpose of prospecting and to the extent necessary to determine the location, quantity or quality of any natural deposit, if no minerals are sold, processed for sale or consumed in the regular operation of business;
(5) The handling, processing or storage of minerals on the premises of a manufacturer as a part of any manufacturing process that requires minerals as raw material;
(6) The extraction of minerals by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner; or
(7) Quarry operations if the affected land does not exceed one acre in area.
§22-4-32. Premining land use and post reclamation useful purposes of land.
(a) The following is a partial list of primary land uses and useful purposes of land to be applied in accordance with subdivisions (2) and (3), subsection (b), section eight of this article.
(1) Cropland;
(2) Fish and wildlife;
(3) Forest land;
(4) Industrial/commercial;
(5) Pasture land;
(6) Recreation;
(7) Residential;
(8) Permanent water impoundment;
(9) Vegetated open space; and
(10) Wetlands.
§22-4-33. Groundwater protection.
(a) The provisions of subsection (b), section four and subsections (e), (f) and (g), section five, article twelve of this chapter, do not apply to quarrying and earth disturbing activities directly involved in quarry operations that are subject to either or both this article or article eleven of this chapter. These activities are subject to all other provisions of article twelve of this chapter.
(b) Upon written notice by the director, the permittee shall replace a water supply that fails as a direct result of quarry activities. The director's decision shall be based on the determination of a hydrologist, employed by the director, after inspecting the quarry and the affected property and performing necessary studies and tests.
§22-4-34. Exception for certain existing quarries.
(a) Quarries that were permitted on or before the effective date of this article are not required to do the following:
(1) Backfilling, filling or slope reduction unless the current permit requires the work;
(2) File a performance bond except when bond has already been filed with the division; and
(3) Groundwater protection monitoring required by section thirty-three of this article if there has been no demonstrable groundwater problems in the last five years.
(b) The exclusions in subdivisions (1), (2) and (3), subsection (a) of this section are also applicable to quarries that were permitted on or before the effective date of this article and which are consolidated into one permit in accordance with subsection(e), section seven of this article, and to permit modifications and permit renewals.
§22-4-35. Quarry reclamation fund.
(a) All funds received by the division from forfeiture of bonds or reclamation security fund and any assessments under section fifteen of this article shall be deposited into a special interest- bearing account in the state treasury designated the "Quarry reclamation fund." Fines collected upon a conviction under section twenty-six of this article shall be deposited to the credit of the general revenue fund. This fund shall be used by the division for reclamation of abandoned quarries.
(b) If the forfeiture of a performance bond or reclamation security fund exceeds the cost of reclamation for which the liability was charged the excess amount shall be deposited into the quarry reclamation fund.
(c) Any interest accrued to the quarry reclamation fund shall remain in the fund.
(f) (1) Reclamation projects that are to be financed by the quarry reclamation fund will be designed by the division.
(g) The quarry review board shall administer and approve all expenditures from the quarry reclamation fund.
(2) The division shall compile a list of abandoned quarries in the state and rank them in order of need for reclamation.
§22-4-36. Savings provision.
All orders, determinations, rules, permits, grants, contracts, licenses, waivers, bonds, authorizations and privileges which have been issued, made or granted by the division, or by a court of competent jurisdiction, shall continue in effect according to their terms until modified, terminated, superseded, set aside or revoked in accordance with this article. Any proceedings, including notices of proposed rule-making, or any application for any license, permit, certificate, or financial assistance pending before the division are not affected by this enactment. The provisions of this section do not require the regrading or replanting of any area on which work was satisfactorily performed prior to the effective date of this article.

NOTE: The purpose of this bill is to outline procedures and requirements for the regulation of quarries by the division of environmental protection.

This article has been completely rewritten; therefore, strike- throughs and underscoring have been omitted.

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