W. Va. Code R. § 207-1-3 - Exempted Operations

3.1. The provisions of this rule shall apply to all surface mining operations, except:

3.1.a. Surface operations and surface impacts incident to an underground coal mine; and

3.1.b. Surface mining operations of operators that:

(1) establish that their probable total annual coal production from all locations during any consecutive twelve-month period, either during the term of the permit or during the first five years after issuance of the permit, whichever period is shorter, will not exceed 300,000 tons, as determined pursuant to rules promulgated by the department, and

(2) otherwise meet all criteria for the small operator assistance program authorized under the federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §1201 et seq., as amended.

3.2. The provisions of this rule shall not apply to:

(1) underground coal mining operators or

(2) the extraction of minerals by underground mining methods or the surface impacts thereof.

3.3. Any operator claiming an exemption from the requirements of this rule shall file a statement with the office setting forth the name and address of the operator, the amount and location of the land to be mined or used in the surface mining operations, the expected duration of the surface mining operations, and the basis for the exemption claimed. The statement shall be executed by an acknowledged signature of an officer, member, partner or other duly authorized agent of the operator.

Notes

W. Va. Code R. § 207-1-3