West Virginia Regulatory Program

OSM is approving with certain exceptions an amendment to the West Virginia permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The amendment contains revisions to the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA) and the West Virginia Surface Mining Reclamation Regulations. The amendment is intended to make the West Virginia program consistent with SMCRA and the corresponding Federal regulations. Additional amendments will be required to bring the West Virginia program into full compliance with SMCRA. The statutory revisions pertain to reorganization of the State regulatory authority, extension of the State Abandoned Mine Lands and Reclamation Act, definitions, surface mine reclamation inspector qualifications, approval to remove more than 250 tons of coal during prospecting, permit transfers, permit fees, premium payments for the Workers' Compensation Fund, Small Operator Assistance Program (SOAP), hydrologic protection, blasting schedules, preblast surveys, termination of underground mining permits, excess spoil fills, variances from approximate original contour, citizen complaint investigations, issuance of notices of violation, abatement times for notices of violation, civil penalty assessments for cessation orders that are abated within twenty-four hours, permit suspension or revocation, temporary relief, burden of proof, disclosure of ownership and control information, reinstatement of right to mine, permit renewal requirements, extensions to permitted areas, surface mining activities not subject to the Act, National Pollutant Discharge Elimination system (NPDES) permitting requirements, removal of coal from existing waste piles, and environmental boards. The revisions to State regulations concern applicability, definitions, ownership and control information, maps, operation plan, excess spoil disposal, new and existing structures, subsidence control plan, removal of abandoned coal waste piles, a