30 CFR Part 948 · GlobalLawDB

Contents

948.1Scope.#

This part contains all rules applicable only within West Virginia that have been adopted under the Surface Mining Control and Reclamation Act of 1977.

948.10State regulatory program approval.#

The West Virginia program, as submitted on March 3, 1980, as clarified on July 16, 1980, and as resubmitted on December 19, 1980, is conditionally approved, effective January 21, 1981. Beginning on that date and continuing until July 11, 1985, the Department of Natural Resources was deemed the regulatory authority in West Virginia for all surface coal mining and reclamation operations and all exploration operations on non-Federal and non-Indian lands. Beginning on July 11, 1985, the Department of Energy was deemed the regulatory authority pursuant to the program transfer provisions of Enrolled Committee Substitute for House Bill 1850, as signed by the Governor of West Virginia on May 3, 1985. Beginning on October 16, 1991, the Division of Environmental Protection was deemed the regulatory authority pursuant to Enrolled Committee Substitute for House Bill 217 that was signed by the Governor on October 25, 1991. On December 3, 1991, OSM found that it was not necessary to amend the State program to effect the redesignation of the regulatory authority from the Division of Energy to the Division of Environmental Protection (58 FR 42904, August 12, 1993). Beginning on April 14, 2001, the Department of Environmental Protection was deemed the regulatory authority pursuant to Enrolled Committee Substitute for House Bill 2218. The bill, which was signed by the Governor on April 30, 2001, transferred programs and redesignated the Division of Environmental Protection as the Department of Environmental Protection within the executive branch. Copies of the conditionally approved program, as amended, are available at:

(a)Office of Surface Mining, Charleston Field Office, 1027 Virginia Street East, Charleston, West Virginia 25301-2816. Telephone: (304) 347-7158.

(b)West Virginia Department of Environmental Protection, Division of Mining and Reclamation, 10 McJunkin Road, Nitro, West Virginia 25143-2506. Telephone: (304) 759-0510.

948.12State statutory, regulatory, and proposed program amendment provisions not approved.#

(a)We are not approving the following provisions of the proposed program amendment that West Virginia submitted on May 11, 1998:

(1)CSR 38-2-3.14, to the extent that it could be interpreted as applying to the on-site reprocessing of abandoned coal mine waste piles or to the extent that it would apply to the removal of abandoned coal refuse piles where, on average, the material to be removed meets the definition of coal in 30 CFR 700.5.

(2)CSR 38-2-3.32.g., which concerns unanticipated events or conditions.

(3)CSR 38-2-14.14.a.1., which concerns placement of excess spoil outside the permit area.

(4)CSR 38-2-23, which concerns coal extraction as part of land development activities.

(5)CSR 38-2-24.4, which concerns water quality standards for bond release.

(b)We are not approving the following provisions of the proposed program amendment that West Virginia submitted on March 14, 2000, March 28, 2000, and April 6, 2000:

(1)The proviso at W.Va. Code 22-3-23(c)(2)(C) which concerns Phase III bond release where the quality of the untreated postmining water discharged is better than or equal to the premining water quality discharged from the mining site.

(2)At CSR 38-2-7.4.b.1.C.5., the phrase, “except for ponds and impoundments located below the valley fills.”

(3)At CSR 38-2-7.4.b.1.D.2, the phrase, “except for those areas with a slope of at least 50%.”

(4)At CSR 38-2-7.4.b.1.G.1., the word “excessive.”

(5)At CSR 38-2-7.4.b.1.I., the new stocking standards for commercial forestry and forestry.

(6)At CSR 38-2-7.4.b.1.I.2., the phrase, “where there is potential for excessive erosion on slopes greater than 20%.”

(7)At CSR 38-2-7.4.b.1.I.2., the words “rock cover.”

(8)At CSR 38-2-7.4.b.1.I.3., the phrase “or, if a commercial forestry mitigation plan is submitted to the Director, and approved and completed.”

(9)The portion of CSR 38-2-7.4.b.1.I.4. concerning in-kind mitigation plans.

(10)At CSR 38-2-14.12.a.1., the term “commercial forestry.”

(c)We are not approving the following provisions of the proposed program amendment that West Virginia submitted on March 14, 2000, March 28, 2000, and April 6, 2000:

(1)At CSR 38-2-7.5.j.3.B., the phrase, “except for those areas with a slope of at least 50%” is not approved, and the phrase, “and other areas from which the applicant affirmatively demonstrates and the Director of the WVDEP finds that soil cannot reasonably be recovered” is not approved.

(2)At CSR 38-2-7.5.j.6.A., the word “excessive” in the phrase “excessive erosion” is not approved.

(3)At CSR 38-2-7.5.o.2., the new planting arrangements and stocking standards are not approved.

(4)At CSR 38-2-7.5.o.2., the words “rock cover” are not approved.

(d)We are not approving the following provision of the proposed blasting-related program amendment that West Virginia submitted on October 30, 2000, and November 28, 2001: At CSR 199-1-4.8.c, the phrase “substantial or significant” is not approved.

(e)Section 22A-3-23(c)(3) of the Code of West Virginia is found inconsistent with Section 519(c)(3) of SMCRA to the extent that it states: “Provided, however, That such a release may be made where the quality of the untreated postmining water discharged is better than or equal to the premining water quality discharged from the mining site.”

(f)Section 22A-3-12(e) of the Code of West Virginia is found inconsistent with Section 515(e) of SMCRA.

(g)[Reserved]

(h)We are not approving the following provisions of the proposed program amendment that West Virginia submitted on March 25, 2004:

(1)At CSR 38-2-7.6.e.1, the word “excessive.”

(2)At CSR 38-2-7.7.e.1, the word “excessive.”

(i)We are removing and reserving paragraph (i) for the following reasons:

(1)We are removing and reserving subparagraph (1) of paragraph (i) since the words “Impoundments meeting” have been removed from CSR 38-2-5.4.e.1.

(2)We are removing and reserving subparagraph (2) of paragraph (i) since CSR 38-2-7.4.b.1.J.1(C) has been reinserted in the State regulations.

(j)We are not approving the following provisions of the proposed West Virginia program amendment dated April 8, 2008, and received electronically on April 17, 2008:

(1)At CSR 199-1-2.27 regarding other structure, the last sentence which provides that, “The term does not include structures owned, operated, or built by the permittee for the purpose of carrying out surface mining operations.”

(2)At CSR 199-1-2.36 regarding structure, the last sentence which provides that, “The term does not include structures built and/or utilized for the purpose of carrying out the surface mining operation.”

(3)At CSR 38-2-2.119 regarding structure, the last sentence which provides that, “The term does not include structures built and/or utilized for the purpose of carrying out the surface mining operation.”

(4)At CSR 38-2-6.5.h, we are not approving its deletion because the deletion of CSR 38-2-6.5.h would make CSR 199-1-3.6.g and 3.11 less effective than the Federal blasting requirements.

(k)We are not approving the proposed incidental boundary revision (IBR) regulation clause at subparagraph 3.29.b.2 which reads, “and other mining operations including but not limited to loadout operations, coal refuse disposal operations and coal preparation operations” that was submitted in the State program amendment dated May 11, 2009.

(l)We are not approving the following provisions of the proposed West Virginia program amendments dated May 2, 2018:

(1)At W.Va. Code 22-3-9, revisions substituting notice by newspaper with notice in a form and manner determined by the Secretary which may be electronic.

(2)At W.Va. Code 22-3-20, revisions substituting notice by newspaper with notice in a form and manner determined by the Secretary which may be electronic.

(3)At CSR 38-2-2.37, the removal of the definition “completion of reclamation”.

(4)At CSR 38-2-12.2.d., the elimination to the existing prohibition on bond release for any site specific bonding (i.e., open-acre bonding) until all coal extraction is completed and the disturbed area is completely backfilled and regraded.

(5)At CSR 38-2-12.2.e., to restructure and revise existing approved language in this section and move it to CSR 38-2-12.2.a.4.

(6)At CSR 38-2-12.2.f., to move, unchanged, this existing language to CSR 38-2-12.2.d.

(7)At CSR 38-2-12.2.g., to move, unchanged, this existing language to CSR 38-2-12.2.f.

(8)At CSR 38-2-12.2.h., to renumber existing CSR 38-2-12.2.h to 12.2.i. and to insert it as a new CSR 38-2-12.2.h.

(9)At CSR 38-2-12.4.c., to eliminate an existing 180 day window for initiating reclamation operations to reclaim the site in accordance with the approved reclamation plan or modification thereof.

(10)[Reserved]

948.13State statutory and regulatory provisions set aside.#

(a)-(b) [Reserved]

(c)The following wording in section 22A-3-23(c)(3) of the Code of West Virginia is inconsistent with section 519(c)(3) of the Surface Mining Control and Reclamation Act of 1977 and is hereby set aside: Provided, however, That such a release may be made where the quality of the untreated postmining water discharged is better than or equal to the premining water quality discharged from the mining site.

(d)Section 22A-3-12(e) of the Code of West Virginia is inconsistent with section 515(e) of the Surface Mining Control and Reclamation Act of 1977 and is hereby set aside in its entirety.

(e)-(f) [Reserved]

948.15Approval of West Virginia regulatory program amendments.#

The following table lists the dates that West Virginia submitted proposed amendments to OSM, the dates when OSM published final rules approving all or portions of those amendments in the Federal Register, and the State statutory or regulatory citations for those amendments (or a brief description of the amendment). The amendments appear in order of the date of publication of the final rules announcing OSM's decisions on the amendments. The preambles to those final rules identify and discuss any assumptions underlying approval, any conditions placed on the approval, and any exceptions to the approval. Original amendment submission date Date of publication of final rule Citation/description of approved provisions October 29, 1981 May 11, 1982 § 10. June 17, 1982 September 10, 1982 § E.03 of the State's coal refuse disposal regulations. September 14, 1982, October 29, 1982 March 1, 1983 §§ 4D.04h; 6A.02a.6; 6B.02, .07c.2, f; 7A.02a.6; 12B.07; 15A.01; Part H concerning alternative bonding system. February 16, 1983, April 29, 1983, June 15, 1983, September 13, 1983 November 16, 1983 Technical Handbook of Standards and Specifications for Mining Operations; applicability; bond release procedures for interim program permits; incidental mining. January 12, 1984 September 20, 1984 Chapter 22-4 Series—blaster certification program. November 20, 1984 April 23, 1985 Chapter 22-4 Series, § 6.01(B), 9—blaster certification program. March 30, 1984, October 30, 1984, May 20, 1985, June 14, 1985 July 11, 1985 Reclamation and coal refuse disposal; Transfer of program authority; permit addendum and Chapter 20, Revegetation, of the Technical Handbook for Surface Mining; permit or significant revision to a permit; the coal exploration approval document; civil penalty procedures; assessable and non-assessable violations. November 11, 1985 March 20, 1986 Financial analysis and supporting documentation demonstrating sufficient money in the special reclamation fund; withdrawals from the fund; noncoal administrative expenses. June 30, 1986, April 26, 1986 May 23, 1990 Code of Violations; Replacement of all regulations in chapter 20, Article 6, Series VII and VII-A (1985) with new set of Legislative Rules at title 38, Series 2. June 29, 1990 October 4, 1991 CSR 38-2 §§ 2, 3, 5, 6, 9, 11 through 14, 17, 20, 22. July 12, 1991 November 19, 1991 CSR 38-2-20.5, .6, .7. July 30, 1993 August 16, 1995 CSR 38-2-14.14(b)(4), (g)(1)(B), (g)(8), (11), (12). June 28, 1993 October 4, 1995, February 21, 1996 WV Code 22-1-4 through −8; 22-2; 22-3-3, −5, −7, −8, −9, a, −11(a), (g), −12, −13, −15, −17, −18, −19, −22, −26, −28, −40; 22B-1-4 through −12; 22B-3-4; 22B-4; CSR 38-2-1.2, −2, −3.1(o), .4, .6, .7, .8, .12, .14, .15, .16, .25, .26, .27(a), .28, .29, .30, .31(a), .32, .33, .34, −4, .1(a), .2 through .12, −5.2, .4, .5, −6, .3(b), .6, .8, −8.1,-9, −11.1 through .7, −12.2, .3, .4(a), (2)(B), (c) through (e) except the words “other responsible party” at (e) are not approved, .5, −13, −14.5, .8, .11, .12, .14, .15, .17, .18, .19, −15.2, −16.2, −17, −18.3, −20.1, .2, .4 through .7, −22; 38-2C-4, −5, −8.2, −10.1, −11.1; 38-2D-4.4(b), −6.3(a), −8.7(a). April 2, 1996 July 24, 1996 CSR 38-2-4.12, −5.4(c), −12.2(e), −14.3(c), .14(e)(4), .15(m). February 23, 1998 July 14, 1998 WV Code Sections 22B-1-7(d), 7(h); 22B-3-4. WV Regulations CSR 38-2-1.2(c)(1). Vacating of retroactive approval published on February 21, 1996. April 28, 1997 February 9, 1999 W.Va. Code 22-3 Sections 3(u)(2)(1) (decision deferred), (2)(not approved), (3); 3(x), (y) (partial approval), (z) (partial approval); 13(b)(20), (22), (c)(3) (decision deferred); 15(h); 17(b); 18(c), (f); 28 (a-c) (not approved), (d), (e) (decision deferred), (f). WV Regulations CSR 38-2 Sections 2.4, 2.43 (not approved), 2.95 (not approved), 2.108, 2.120; 3.2.e; 3.12.a.1 (partial approval), .2 (partial approval); 3.14.b.7 & .8 deleted, .12.E, .15.B deleted, .13.B; 3.29.a (partial approval); 3.35; 5.5.c; 6.5.a; 8.2.e; 9.2.i.2; 9.3.h.1, .2; 14.11.e, .f, .g, .h; 14.15.b.6.A, .c, .d; 16.2.c (partial approval), .2, .3, .4 (partial approval for .4); 20.1.e April 28, 1997 May 14, 1999 W.Va. Code 22-3 Section 13(c)(3) [not approved]. May 11, 1998 May 5, 2000 West Virginia regulations at CSR 38-2-2.25; 2.102; 3.32.d.12; 14.16 through 14.19; 22.5.1; 24 (except 24.4). May 5, 1999 October 1, 1999 CSR 38-2-2.11; 2.78; 3.12.a.2, and .2.B; 3.32.b; 3.35; 14.12.a.1; 16.2.c, and .c.3; and 22.4.g. March 25, 1999 November 12, 1999 W.Va. Code 22-1-7(a)(7); 22-3-13(a), (b)(3) and (15), (e), and (f); 22-3-13a, in 13a(g) the words “upon request” are not approved, in 13a(j)(2) the phrase “or the surface impacts of the underground mining methods” is not approved; 22-3-22a; 22-3-23(c)(3) decision is deferred; 22-3-24(c), (d), (e), and (f); 22-3-30a, in 30a(a) the phrase “of overburden and coal” is not approved, 30a(c) and (f) are not approved; and 22-3A. March 14, 2000, March 28, 2000, and April 6, 2000 August 18, 2000 W.Va. Code 22-3- at 3(e), (u)(2); (y); 13(c)(3) (qualified approval), (c)(3)(B)(iii); 23(c)(1), (2) (partial approval). CSR 38-2- at 2.31, 2.45, 2.98, 2.123, 2.136; 3.8c; 3.25; 7.2.i; 7.3; 7.4.a (qualified approval): 7.4.b.1; 7.4.b.1.A. (qualified approval), 7.4.b.1.B., C. (partial approval), D. (partial approval), E. (qualified approval), F., G. (partial approval), H., I. (partial approval), J. (qualified approval), K.; 14.15.f. March 14, 2000, March 28, 2000, and April 6, 2000 12/21/00 CSR 38-2-7.5.(qualified approval), 7.5.a., b., c., d., e. (qualified approval), f. (qualified approval), g. (qualified approval), h. (h.2.B. is a qualified approval), i. (i.1.B., i.3.H., i.3.Q. and i.7.A., and i.10. are qualified approvals), j. (j.2.C. and j.2.E. are qualified approvals; j.3.B. partial approval; j.4. qualified approval, j.6.A. partial approval, j.6.B. qualified approval, j.7. qualified approval), k. (qualified approval), l., m., n., o. (qualified approval; o.2. is a partial approval). September 24, 2001 December 28, 2001 W. Va. Code 22-1-17; 22-3-11(a), (c), (d), (g) through (n); 22-3-12(a) through (f). November 30, 2000; May 2, 2001; November 28, 2001; February 26, 2002; March 8, 2002 May 1, 2002 Emergency rule provisions: CSR 38-2-3.12.a.1, a.2, a.2.B; 5.4.b.8, d.3; 16.2.c.4.Policy/guidance documents submitted February 26, 2002: Attachments 1A; 2P; 3P and the updated listing (Administrative Record Number WV-1278); 4 except examples 1 and 3 through 8; 6; and 9.Policy/guidance documents submitted March 8, 2002: Attachments 1; 3A; and 8.In House Bill 2663: CSR 38-2-3.12.a.1; 3.14.a; 12.2.e; 12.4.e; 14.8.a.6; 16.2.c.4; and 24.4.In Senate Bill 689: W. Va. Code 22-3-13a(g), (j); 30a(a). September 24, 2001April 9, 2002 May 29, 2002 CSR 38-2-12.5.d. April 9, 2002June 19, 2002 December 3, 2002 CSR 38-2-14.15.a.1, a.2; b.5; b.6.A, b.6.B.1; c, c.1, c.4; d, d.1, d.2, d.3; e, e.1, e.2, e.3; g (partial approval), g.2; i (qualified approval). May 21, 2001, August 12, 2002 May 7, 2003 W. Va. Code 22-3-10(b). April 9, 2002, June 19, 2002 June 27, 2003 CSR 38-2: 2.31.b.1; 2.43; 2.108; 3.1.i.2; 3.25.a.4; 3.30.d.8; 3.32.e; 5.4.e.2; 7.4.a.1; 7.4.b.1.C.5; 7.4.b.1.D.1; 7.4.b.1.G.1; 7.4.b.1.G.3; 7.4.b.1.H.2; 7.4.b.1.I.2; 7.4.b.1.I.3; 7.5.i.1.B; 7.5.i.3.Q; 7.5.i.10; 7.5.j.3.A; 7.5.j.6.A; 7.5.j.6.B; 7.5.o.2; 8.2.b.3; 10.4.a.1.D; 10.6.b.3; 11.2.b; 11.4.a.1; 11.4.a.4; 11.5. (deletion of former); 11.5.a; 12.5.e; 14.12.a.1; 17.3.b.2; 17.4; 17.6; and 22.7.a. March 18, 2003 July 7, 2003 CSR 38-2-3.2.c, 3.7.d, 3.20 3.22.f.5.A, A.1, and A.2, 5.4.b.4, 5.4.b.11, 5.6, 8.2.e, 9.1.a, 9.3.d, 9.3.f, 10.2.a.4, 10.3.a.1, 10.4.c.1, 10.6.b.2, b.7.A, b.7.B, b.8, 14.5.h, 14.14.g.1, g.2 (partial approval; also, approved only to the extent that after removal of erosion protection zones, the stream channel will be restored), and g.3, 14.15.a.2, c, and g, 17.1, 20.6.a, c, and d, e, f, and j, 22.4.g.3.A and i.6, 24.2.a, 24.3, and 24.4. CSR 38-4-25.14. May 2, 2001, July 1, 2003 December 1, 2003 CSR 38-2-2.39 (a deletion), 3.22.e, 3.31.a (deferral), 3.32.g, 5.2.a, and 11.3.a.3. October 30, 2000, November 28, 2001 December 10, 2003 W.Va. Code 22-3-13a(a)(3), (b), (c), (f)(14), (g); 22a(a), (b), (e), (f), (g); 30a(b), (b)(3), (b)(3)(C), (b)(5), (c), (d), (e), (f), (h).Code of State Regulations CSR 199-1, except as identified at 30 CFR 948.12(d), and subdivision 3.10.d is a qualified approval. March 14, 2000, March 28, 2000, and April 5, 2000 June 17, 2004 CSR 38-2-7.4.b.1.I. March 25, 2004 February 8, 2005 CSR 38-2-3.12.a.1; 7.6 (except the word “excessive” at 7.6.e.1); 7.7 (except the word “excessive” at 7.7.e.1); 9.3.g; 14.15.a.1; 14.15.g; 20.1.a.6; 22.5.a; 23 (deleted); and 24. Reduced Inspection Frequency Policy dated November 3, 2004. October 17, 2005, and amended November 4, 2005 December 30, 2005 CSR 38-2-11.3.a.3. June 13, 2005, and modified on August 23, 2005 March 2, 2006 W.Va. Code 22-3-11(h)(2)(B); 11a; 32a; 22-27-1 through 12. CSR 38-2-2.92; 3.29.a; 5.4.a, b.9, b.10, b.12, c.7, d.3, d.4, e.1, f; 7.4.b.1.A.1, A.3, A.3(b), A.4, B.1, C.1, C.2, C.3, C.4, C.5, D.6, D.8, D.9, D.11, H.1, H.2, H.6, I.1, I.2, I.3, I.4, J.1; 7.5.a, b.3, i.10, j.3.A, j.3.B, j.3.E, l.4.A, o.2; 9.3.d, 9.3.e; 14.5.h, 14.14.g.2.A.6; 14.15.c.3; 20.6.d, 20.6.j. CSR 199-1-2.36a, 2.36b, 2.37; 3.3.b, 3.7; 4.8, 4.8.c, 4.8.f, 4.8.g, 4.9; Water Rights and Replacement Policy (August 1995); September 2003 MOA between WVDEP, DMR and WVDNR, Wild Resources Section; Permittee's Request for Release form, Item 11, dated March 2005. April 17, 2006 August 28, 2006 W. Va. Code 22-3-24(c), (d), (e), and (h).CSR 38-2-7.2.e.1; 7.3.d; and 7.8 (qualified approval). April 17, 2008 June 16, 2008 W. Va. Code 22-3-11(g) (interim approval), 11(h)(1) (interim approval). March 22, 2007 December 24, 2008 CSR 38-2-2.39 (deletion of cumulative impact definition).CSR 38-2-3.22.e (approval of material damage to the hydrologic balance definition). May 28, 2009 July 22, 2009 W. Va. Code 22-3-11(h)(1) (interim approval). May 2, 2011 June 29, 2011 W. Va. Code 22-3-7(b); 8(a)(4); 19(a)(4); 19(b)(2); 19(b)(3); 19(d); and 19(e) (interim approvals).CSR 38-2-11.4.a.2 (interim approval). April 27, 2012 July 11, 2012 W. Va. Code 22-3-11(h)(1) (interim approval). August 14, 2013August 7, 2014. March 4, 2020 W.Va. Code 22-3-11(g) and (h) (qualified) W.Va. Code 22-3-20, W. Va. Code 22-3-21, CSR 110-29-1 through 6, Special Reclamation Tax Credit Rule (qualified). April 8, 2008 May 7, 2020 CSR 38-2-2.119 (partial approval); 38-2-3.1.c; 3.1.d; 3.2.g (qualified approval); 3.29.a (deletion); 3.32.b (deletion); 5.4.e.1 (deletion); 5.4.h.2; 5.6.a (qualified approval); 5.6.b; 5.6.d (deletion); 6.1; 6.2; 6.3-6.8 (deletions), with exception 6.5.h (deletion not approved) and 6.8.a.1 (qualified approval); 7.4.b.1.J.1(c); 14.15.c.2; 14.15.d.3; 14.15.e (deletions); 19.9; 23.3 (qualified approval); and 23.4.CSR 199-1-2; 2.27 (partial approval) 2.36 (partial approval); 3.2.a; 3.2.b; 3.2.c; 3.2.d; 3.2.e (deletion); 3.3; 3.4 (qualified approval); 3.5; 3.6 (qualified approval); 3.7; 3.8 (qualified approvals/forms); 3.9; 3.10 (qualified approval); 4.1; 4.2; 4.3; 4.5 (qualified approval); 4.6; 4.7; 4.9.a; 4.13; 4.14; 5.2 (qualified approval); 6; and 7.W. Va. Code 22-3-11(a); 11(g); 11(h)(l); 11(h)(2); 11(h)(3); 11(h)(4); 11(l) (deletion); and 11(m). September 11, 2013 November 6, 2020 W.Va. Code 22-3-33, Attorney fees and costs. April 25, 2011 November 6, 2020 W.Va. Code 22-3-11(h)(1), Increase in Special Reclamation Tax. May 3, 2017 January 12, 2024 W.Va. Code 22-3-11(g)(1), (g)(2) (partial); 22-3-23(c) and (i). April 25, 2011, May 8, 2018 March 18, 2024 CSR 38-2-2.6; 9.3.d; 11.3.f; 11.4; 11.6; 12.2.a, 12.5.b, c and d; 12.4.a.2.B, 12.4.b, 4.b.1 and 4.b.2; 12.4.d; 14.5.b. May 5, 2020 August 8, 2024 11.3.a.3—(Surety Bonds; quarterly statements; corporate surety licensed in the State.)16.2.c.2—(Owner Compensation; repair) March 29, 2022 July 28, 2025 W. Va. Code 22-3-11(g)(2) (partial deletion) and (i)(2)(C) (added). CSR 38-2-12.5.a and 12.5.e (deletions). June 14, 2016 December 3, 2025 CSR 38-2-3.27 (no determination); CSR 38-2-11.4.a.2 (moot, no determination); CSR 38-2-7.6.c.2-3 (approved); CSR 38-2-7.6.d.1 (approved); CSR 38-2-7.7.c.2-3 (approved); CSR 38-2-7.7.d.1 (approved); CSR 38-2-14.3 (approved); CSR 38-2-14.11 (approved); CSR 38-2-14.15.b.1 through CSR 38-2-14.15.b.6.b.2 (approved); CSR 38-2-14.15.d.1-3 (approved); CSR 38-2-14.15.g (approved); CSR 38-2-22.3(t)(4) (approved). May 11, 2009, May 22, 2009, July 6, 2009 December 3, 2025 CSR 38-2-3.15 (approved); 38-2-3.28.b.1 (qualified approval); 38-2-3.29.a (qualified approval); 38-2-3.29.b.2 (not approved); 38-2-3.29.d. (approved); 38-2-3.29.e. (qualified approval); 38-2-7.8. (qualified approval); 38-2-9.3.f. (approved); 38-2-11 (approved); W.Va. Code 5B-2A-3 (approved); 5B-2A-5 (approved); 5B-2A-6 (approved); 5B-2A-9 (approved); 22-3-10(a)(3) (qualified approval); 22-3-11 (approved) April 21, 2011 and April 25, 2011 6/22/2026 W.Va. Code 22-3-7; 8; 19. CSR 38-2-3.1.c.4; 3.1.d (qualified approval); 3.1.k (qualified approval); 3.4; 3.12; 3.15; 4.2; 4.10; 4.12; 5.4; 7.5; 14.11; 20.4. Editorial Note:For Federal Register citations affecting § 948.15, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

948.16Required regulatory program amendments.#

Pursuant to 30 CFR 732.17, West Virginia is required to submit the following proposed program amendments by the dates specified:

(a)-(rrrrr) [Reserved] Editorial Note:For Federal Register citations affecting § 948.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

948.20Approval of State abandoned mine lands reclamation plan.#

The West Virginia Abandoned Mine Reclamation Plan as submitted on October 29, 1980, and as amended on December 12, 1980, is approved effective February 23, 1981. Copies of the approved plan are available at the following locations:

(a)Office of Surface Mining, Charleston Field Office, 1027 Virginia Street East, Charleston, West Virginia 25301-2816. Telephone: (304) 347-7158.

(b)West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, 601 57th Street SE., Charleston, West Virginia 25304-2345, Telephone (304) 926-0485.

948.25Approval of West Virginia abandoned mine lands reclamation plan amendments.#

The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the Federal Register. Original amendment submission date Date of final publication Citation/description May 20, 1985 July 11, 1985 Transfer of program authority to the Department of Energy (HB 1850). December 30, 1987 August 26, 1988 Agency structure, public participation procedures, assumption of emergency reclamation program. September 17, 1991, October 25, 1991 March 26, 1993 Amendments contained in House Bill 2492; Expanded eligibility criteria; Acid mine drainage treatment and abatement program. June 27, 2006 January 17, 2007 Amendment includes AML enhancement requirements and other revisions to West Virginia's AMLR Plan dated June 16, 2006.

948.26Required abandoned mine land reclamation program/plan amendments. [Reserved]#

948.30State-Federal cooperative agreement.#

The cooperative agreement in appendix A of this part is effective March 23, 2026.

United States Government work; public domain under 17 U.S.C. § 105.