West Virginia Code 22-4-19 – Time period for reclamation
(a) The operator shall commence the reclamation of the incremental area of land disturbed by the operator after the completion of all quarrying of that area in accordance with the approved quarrying and reclamation plan. The quarrying and reclamation plan for each operation shall be site specific in describing how the quarrying and reclamation activities are to be coordinated to minimize total land disturbance and to keep reclamation operations as contemporaneous as possible with the advance of the quarry operations. All quarry operations shall be conducted in compliance with the approved quarrying and reclamation plan and the requirements of this article.
Terms Used In West Virginia Code 22-4-19
- Director: means the director of the Division of Environmental Protection and his or her authorized agents. See West Virginia Code 22-4-3
- Operator: means a person who engages in any activities regulated by this article and any rules promulgated hereunder, who as a result is required to hold a permit pursuant to the provisions herein. See West Virginia Code 22-4-3
- Permittee: means any person who holds a valid permit issued by the division to conduct quarrying activities pursuant to this article. See West Virginia Code 22-4-3
- Quarrying: means any breaking of the ground surface in order to facilitate the extraction of minerals. See West Virginia Code 22-4-3
- Reclamation: means returning disturbed areas to a stable condition which does not create health or safety hazards or adverse environmental impact, and when appropriate or required by permit, returning disturbed quarry areas to a designated postmining land use. See West Virginia Code 22-4-3
(b) At the option of the permittee and with the director's concurrence, a quarry permit may be inactive for a time so specified by the director, during which no mineral or overburden is removed if the following conditions are met:
(1) That economically viable mineral reserves remain in the permitted area;
(2) All disturbed areas are reclaimed or stabilized to prevent erosion and sedimentation;
(3) All drainage and sediment control structures, such as culverts, ditches, sediment basins and traps are maintained; and
(4) All vegetation is maintained and reseeded as necessary.
(c) Any permit which is not in operation and has failed to apply for inactive status within six months is deemed an abandoned quarry.