Contemporaneous Reclamation 38-2-14.15 In 1992 in response to concerns of the Agency that the rules did not adequately address current mining methods and practices, the Agency and Industry Workgroup developed contemporaneous reclamation policy. The policy addressed draglines operation, multiple seam operations, and operations removing the entire coal seam(s) running through the upper fraction of a mountain. In 1993, the Agency submitted the policy as a proposed rule change and passes the legislature.
Commercial Forestry, Forestry, and Homesteading Land Uses. 38-2-7.4 and 7.5 In February 2000, the State signed a consent decree to resolve several allegations of the mountaintop removal lawsuit filed by the West Virginia Highlands Conservancy in U.S. District Court. As specifically required by the consent decree, (items 12, 15, 16, and 17) the State promulgated rules and code changes.
Surface Water Runoff Policy 38-2-5.6 Valley fill Construction Rules 38-2-3.7.d; 38-2-14.14.a.8; 38-2-14.14.a.9; 38-2-14.15.a.2 and g. Following the conclusions and recommendations of the flood analysis conducted by DEP at the order of Governor Wise, the Agency proposed a change in valley fill construction in order to minimize sediment erosion from mining operations during heavy rainfall and passes the legislature (House Bill 2603) in the 2003 regular session.
38-2-3.2.g. Notice of Technical Completeness. This was a 2008 rule changed requested by the Secretary and its purpose is to provide the public an opportunity to review the application once technical review is completed
Treating water at bond forfeiture sites/ Bond release. In a Federal Register dated October 4, 1995, The State was notified of three required program amendments (948.16(jjj) Limitation of Funds for Water Treatment, 948.16(kkk) Collection of Special Reclamation Tax and 948.16(lll) Eliminate Deficit in Bond Pool). In a special session held in September 2001, the Agency proposed the “7 and 7” plan and the legislature authorized the Code and Rule changes (Senate Bill 5003).
38-2-11.3.a.3 Surety Bonds. This was added in 2001 to address concerns about the financial solvency of sureties providing reclamation bonds in West Virginia. The DEP did not have the necessary resources or expertise to regularly and timely monitor the financial condition of sureties doing business in West Virginia.
