Part 948, West Virginia
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Subchapter T Part 948, West Virginia |
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SUBCHAPTER T -- PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN
EACH STATE
PART 948 -- WEST VIRGINIA
Sec.
948.1 Scope
948.10 State regulatory program approval
948.12 State statutory, regulatory, and proposed program amendment provisions not approved
948.13 State statutory and regulatory provisions set aside
948.15 Approval of West Virginia regulatory program amendments
948.16 Required regulatory program amendments
948.20 Approval of State abandoned mine land reclamation plan
948.25 Approval of West Virginia abandoned mine land reclamation plan amendments
948.26 Required abandoned mine land reclamation program/plan amendments [Reserved]
948.30 State-Federal cooperative agreement
AUTHORITY: 30 U.S.C. 1201 et seq.
[For the list of Final Rules affecting these sections, as published in the Federal Register, see
"Regulation History - Changes to the Regulations Parts 900-955, 3/13/79 - 6/30/00".]
30 CFR Sec. 948.1 Scope.
This part contains all rules applicable only within West Virginia that have been adopted under the Surface Mining
Control and Reclamation Act of 1977.
[46 FR 5954, Jan. 21, 1981]
30 CFR Sec. 948.10 State regulatory program approval.
The West Virginia State 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 shall be deemed the regulatory
authority, pursuant to the program transfer provisions of the Enrolled Committee Substitute for House Bill 1850 as
signed by the Governor of West Virginia on May 3, 1985.
Copies of the conditionally approved program, as amended, are available at:
(a) Office of Surface Mining, Charleston Field Office, 603 Morris Street, Charleston, West Virginia 25301.
Telephone: (304) 347-7158.
(b) West Virginia Division of Environmental Protection, 10 McJunkin Road, Nitro, West Virginia 25143.
[50 FR 28323, July 11, 1985; 59 FR 17930, Apr. 15, 1994]
30 CFR Sec. 948.12 State 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) [Reserved]
(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)--(i) [Reserved]
[48 FR 52053, Nov. 16, 1983, as amended at 50 FR 28323 and 28342, July 11, 1985; 55 FR 21337, May 23, 1990;
61 FR 6511, 6535, Feb. 21, 1996; 65 FR 26130, 26135, May 5, 2000; 65 FR 50409, 50430, Aug. 18, 2000; 65 FR
80308, 80328, Dec. 21, 2000]
[EFFECTIVE DATE NOTE: 65 FR 26130, 26135, May 5, 2000, revised the heading and added paragraph (a),
effective May 5, 2000; 65 FR 50409, 50430, Aug. 18, 2000, added paragraph (b), effective Aug. 18, 2000; 65 FR
80308, 80328, Dec. 21, 2000, added paragraph ( c), effective Dec. 21, 2000.]
30 CFR Sec. 948.15 Approval 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 Date of publication Citation/description of approved provisions
submission date of final rule
Oct. 29, 1981 May 11, 1982 Sec. 10.
June 17, 1982 Sept. 10, 1982 Sec. E.03 of the State's coal refuse disposal regulations.
Sept. 14, 1982, March 1, 1983 Secs. 4D.04h; 6A.02a.6; 6B.02, .07c.2, f; 7A.02a.6; 12B.07;
Oct. 29, 1982 15A.01; Part H concerning alternative bonding system.
Feb. 16, 1983, Nov. 16, 1983 Technical Handbook of Standards and Specifications for
April 29, 1983, Mining Operations; applicability; bond release procedures
June 15, 1983, for interim program permits; incidental mining.
Sept. 13, 1983
Jan. 12, 1984 Sept. 20, 1984 Chapter 22-4 Series--blaster certification program.
Nov. 20, 1984 April 23, 1985 Chapter 22-4 Series, Sec. 6.01(B), 9 blaster certification\
program.
March 30, 1984, July 11, 1985 Reclamation and coal refuse disposal; Transfer of program
Oct. 30, 1984, authority; permit addendum and Chapter 20,
May 20, 1985,
June 14, 1985 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.
Nov. 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, May 23, 1990 Code of Violations; Replacement of all regulations in
April 26, 1986 chapter 20, Article 6, Series VII and VII-A (1985) with
new set of Legislative Rules at title 38, Series 2.
June 29, 1990 Oct. 4, 1991 CSR 38-2 Secs. 2, 3, 5, 6, 9, 11 through 14, 17, 20, 22.
July 12, 1991 Nov. 19, 1991 CSR 38-2-20.5, .6, .7.
July 30, 1993 Aug. 16, 1995 CSR 38-2-14.14(b)(4), (g)(1)(B), (g)(8), (11), (12).
June 28, 1993 Oct. 4, 1995, WV Code 22-1-4 through -8; 22-2; 22-3-3, -5, -7, -8,
Feb. 21, 1996 -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).
Feb. 23, 1998 July 14, 1998 WV Code Sections 22B-1-7(d), 7(h);
22B-3-4. WV Regulations CSR38-2-1.2 ( c)(1).
Vacating of retroactive approval published on Feb. 21, 1996.
April 28, 1997 Feb. 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 5, 1999 Oct. 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 Nov. 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.
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).
March 14, 2000, Aug. 18, 2000 W.Va. Code 22-3- at 3(e), (u)(2); (y); 13( c)(3) (qualified
March 28, 2000, approval), ( c)(3)(B)(iii); 23( c)(1), (2) (partial approval).
April 6, 2000 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, Dec. 21, 2000 CSR 38-2-7.5.(qualified approval), 7.5.a.,b., c., d.,
March 28, 2000, e. (qualified approval), f. (qualified approval),
April 6, 2000 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).
________________________________________________________________________________
[50 FR 28323, July 11, 1985, as amended at 50 FR 28342, July 11, 1985; 51 FR 9651, Mar. 20, 1986; 55 FR 21337,
May 23, 1990; 56 FR 50269, Oct. 4, 1991; 56 FR 58311, Nov. 19, 1991; 60 FR 42437, 42443, Aug. 16, 1995; 60
FR 51900, 51917, Oct. 4, 1995; 61 FR 6511, 6535, Feb. 21, 1996; 61 FR 38382, 38387, July 24, 1996; 62 FR 9932,
9957, Mar. 5, 1997; 63 FR 37774, 37777, July 14, 1998; 64 FR 6201, 6217, Feb. 9, 1999; 64 FR 26288, 26295,
May 14, 1999; 64 FR 53200, 53203, Oct. 1, 1999; 64 FR 61506, 61507, 61518, Nov. 12, 1999; 65 FR 10388,
10390, Feb. 28, 2000; 65 FR 26130, 26135, May 5, 2000; 65 FR 50409, 50430, Aug. 18, 2000; 65 FR 80308,
80328, Dec. 21, 2000]
[EFFECTIVE DATE NOTE: 65 FR 10388, 10390, Feb. 28, 2000, amended the table, effective Feb. 28, 2000; 65 FR
26130, 26135, May 5, 2000, amended this section, effective May 5, 2000; 65 FR 50409, 50430, Aug. 18, 2000,
amended the table, effective Aug. 18, 2000; 65 FR 80308, 80328, Dec. 21, 2000, amended the table, effective Dec.
21, 2000.]
30 CFR Sec. 948.16 Required 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) By November 26, 1985, West Virginia must submit copies of proposed regulations or otherwise propose to
amend its program to provide that all surface blasting operations (including those using less than five pounds and
those involving surface activities at underground mining operations) shall be conducted under the direction of a
certified blaster.
(b)-(cc) [Reserved]
(dd) By April 30, 1991, West Virginia shall submit proposed revisions to Subsection 38-2-9.3 of its surface
mining reclamation regulations or otherwise propose to amend its program to establish productivity success
standards for grazing land, pasture land and cropland; require use of the 90 percent statistical confidence interval
with a one-sided test using a 0.10 alpha error in data analysis and in the design of sampling techniques; and require
that revegetation success be judged on the basis of the vegetation's effectiveness for the postmining land use and in
meeting the general revegetation and reclamation plan requirements of Subsections 9.1 and 9.2. Furthermore, by that
date, West Virginia shall submit for OSM approval its selected productivity and revegetation sampling techniques to
be used when evaluating the success of ground cover, stocking or production as required by 30 CFR 816.116 and
817.116.
(ee) By April 30, 1991, West Virginia shall submit documentation that the U.S. Soil Conservation Service (SCS)
has been consulted with respect to the nature and extent of the prime farmland reconnaissance inspection required
under Subsection 38-2-10.1 of the State's surface mining reclamation regulations. In addition, the State shall either
delete paragraphs (a)(2) and (a)(3) of Subsection 38-2-10.2 or submit documentation that the SCS State
Conservationist concurs with the negative determination criteria set forth in these paragraphs.
(ff)-(nn) [Reserved]
(oo) By June 1, 1992, West Virginia shall submit proposed revisions to subsection 38-2-5.4(b)(8) of its surface
mining reclamation regulations to require that excavated sediment control structures which are at ground level and
which have an open exit channel constructed of non-erodible material be designed to pass the peak discharge of a 25-
year, 24-hour precipitation event.
(pp)-(ss) [Reserved]
(tt) By June 1, 1992, West Virginia shall submit proposed revisions to subsections 38-2-5.4(b)(1) and 5.4(d)(1) to
require that all structures be certified as having been built in accordance with the detailed designs submitted and
approved pursuant to subsection 3.6(h)(4), and to require that as-built plans be reviewed and approved by the
regulatory authority as permit revisions.
(uu)-(ww) [Reserved]
(xx) By August 1, 1996, West Virginia shall submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to revise subsection CSR 38-2-14.8(a) to specify
design requirements for constructed outcrop barriers that will be the equivalent of natural barriers and will assure the
protection of water quality and insure the long-term stability of the backfill.
(yy)-(iii) [Reserved]
(jjj) By December 1, 1995, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to revise Sec. 22-3-11(g) of the Code of West
Virginia and Sec. 38-2-12.5(d) of the West Virginia Code of State Regulations to remove the limitation on the
expenditure of funds for water treatment or to otherwise provide for the treatment of polluted water discharged from
all bond forfeiture sites.
(kkk) By December 1, 1995, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to remove the provision of Sec. 22-3-11(g) of the
Code of West Virginia that allows collection of the special reclamation tax only when the special reclamation fund's
liabilities exceed its assets.
(lll) By December 1, 1995, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to eliminate the deficit in the State's alternative
bonding system and to ensure that sufficient money will be available to complete reclamation, including the
treatment of polluted water, at all existing and future bond forfeiture sites.
(mmm) [Reserved]
(nnn) By September 14, 1998, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to revise Section 22B-1-7(d) to remove unjust
hardship as a criterion to support the granting of temporary relief from an order or other decision issued under
Chapter 22, Article 3 of the West Virginia Code.
(ooo) By September 14, 1998, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to revise Section 22B-1-7(h) by removing
reference to Article 3, Chapter 22.
(ppp) [Reserved]
(qqq) By August 1, 1996, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to revise CSR Sec. 38-2-2.20, or otherwise
amend the West Virginia program to clarify that bond may not be released where passive treatment systems are used
to achieve compliance with applicable effluent limitations.
(rrr) [Reserved]
(sss) By August 1, 1996, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to revise CSR Sec. 38-2-14.5(h) and Sec. 22-3-
24(b) to clarify that the replacement of water supply can only be waived under the conditions set forth in the
definition of "Replacement of water supply," paragraph (b), at 30 CFR 701.5.
(ttt) [Reserved]
(uuu) [Reserved]
(vvv) By January 15, 1997, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to revise the West Virginia program as follows:
(1) Amend the West Virginia program to be consistent with 30 CFR 701.11(e)(2) by clarifying that the exemption
at CSR 38-2-3.8( c) does not apply to the requirements to restore the land to approximate original contour.
(2) Amend CSR 38-2-4.12 to reinstate the following deleted language: "and submitted for approval to the Director
as a permit revision."
(3) Amend the West Virginia program by clarifying that the requirements at CSR 38-2-5.4( c) also apply to slurry
impoundments.
(4) Amend CSR 38-2-14.15(m), or otherwise amend the West Virginia program to require compliance with 30
CFR 816/817.81 (b), (d), and (e) regarding coal refuse disposal, foundation investigations and emergency procedures
and to clarify that where the coal processing waste proposed to be placed in the backfill contains acid- or toxic-
producing materials, such material must not be buried or stored in proximity to any drainage course such as springs
and seeps, must be protected from groundwater by the appropriate use of rock drains under the backfill and along the
highwall, and be protected from water infiltration into the backfill by the use of appropriate methods such as
diversion drains for surface runoff or encapsulation with clay or other material of low permeability.
(www)-(yyy) [Reserved]
(zzz) By April 12, 1999, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to revise 38-2-3.12.a.1., or otherwise amend the
West Virginia program to require that the map of all lands, structures, and drinking, domestic and residential water
supplies which may be materially damaged by subsidence show the type and location of all such lands, structures,
and drinking, domestic and residential water supplies within the permit and adjacent areas, and to require that the
permit application include a narrative indicating whether subsidence, if it occurred, could cause material damage to
or diminish the value or reasonably foreseeable use of such structures or renewable resource lands or could
contaminate, diminish, or interrupt drinking, domestic, or residential water supplies.
(aaaa) By April 12, 1999, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to revise CSR 38-2-3.12.a.2., or otherwise amend
the West Virginia program to require that the water supply survey required by CSR 38-2-3.12.a.2. include all
drinking, domestic, and residential water supplies within the permit area and adjacent area, without limitation by an
angle of draw, that could be contaminated, diminished, or interrupted by subsidence.
(bbbb) By April 28, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to revise 38-2-3.12.a.2., or otherwise amend the
West Virginia program to require that the permit applicant pay for any technical assessment or engineering
evaluation used to determine the premining quality and quantity of drinking, domestic or residential water supplies,
and to require that the applicant provide copies of any technical assessment or engineering evaluation to the property
owner and to the regulatory authority.
(cccc) [Reserved]
(dddd) [Reserved]
(eeee) [Reserved]
(ffff) By April 12, 1999, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend 38-2-16.2.c.4., or otherwise amend the
West Virginia program, to be no less effective than the Federal regulations at 30 CFR 817.121( c)(5), which provide
that an extension of the 90-day abatement period may be granted for one of only three reasons: that subsidence is not
complete; that not all subsidence related material damage has occurred; or that not all reasonably anticipated changes
have occurred affecting the protected water supply.
(gggg) By April 12, 1999, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend 38-2-16.2.c.4., or to otherwise amend
the West Virginia program, to be no less effective than the Federal regulations at 30 CFR 817.121( c)(5) by requiring
additional bond whenever protected water supplies are contaminated, diminished or interrupted by underground
mining operations conducted after October 24, 1992. The amount of the additional bond must be adequate to cover
the estimated cost of replacing the affected water supply.
(hhhh) By April 12, 1999, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-16.2.c.4., or to otherwise
amend the West Virginia program, to be no less effective than the Federal regulations at 30 CFR 817.121( c)(5), by
requiring that the 90-day period before which additional bond must be posted begin to run from the date of
occurrence of subsidence-related material damage.
(iiii) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend the term "recreational uses" at W.Va.
Code 22-3-13( c)(3) to mean "recreational facilities use" at SMCRA section 515( c)(3).
(jjjj) By January 11, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to remove the words "other responsible party" at
CSR 38-2-12.4.e.
(kkkk) By January 11, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to remove the words "upon request" at W. VA.
Code 22-3-13a(g), or otherwise amend its program to require that a copy of the pre-blast survey be provided to the
owner and/or occupant even if the owner or occupant does not specifically request a copy.
(llll) By January 11, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to remove the phrase "or the surface impacts of
the underground mining methods" from 22-3-13a(j)(2), or otherwise amend its program to clarify that the surface
blasting impacts of underground mining operations are subject to the requirements of 22-3-13a.
(mmmm) By January 11, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to remove the phrase "of overburden and coal"
from W.Va. Code 22-3-30a(a), or to otherwise clarify that its general surface coal mining blasting laws and
regulations apply to all blasting at surface coal mining and reclamation operations and surface blasting activities
incident to underground coal mining, including, but not limited to, initial rounds of slopes and shafts.
(nnnn) By July 5, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to either delete CSR 38-2-3.14 or revise CSR 38-
2-3.14 to clearly specify that its provisions apply only to activities that do not qualify as surface coal mining
operations as that term is defined in 30 CFR 700.5; i.e., that subsection 3.14 does not apply to either the removal of
abandoned coal mine waste piles that, on average, meet the definition of coal or to the on-site reprocessing of coal
mine waste piles. If the State chooses the second option, it should also submit the sampling protocol that will be used
to determine whether the refuse piles meet the definition of coal. The sampling protocol must be designed to ensure
that no activities meeting the definition of surface coal mining operations escape regulation under the State's
SMCRA regulatory program.
(oooo) By July 5, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to remove CSR 38-2-23.
(pppp) By July 5, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption, to remove CSR 38-2-24.4.
(qqqq) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to delete the proviso from W. Va. Code 22-3-23(
c)(2)( C) which provides that Phase III bond can be released if the quality of postmining untreated discharge water is
better than or equal to the premining water quality discharged from the site.
(rrrr) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-2.31.b. to clearly define
forestry to mean a postmining land use used or managed for the long term production of wood or wood products in
accordance with the Federal definition of forestry under the definition of land use at 30 CFR 701.5.
(ssss) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-3.25 to: (1) add the word
"reinstatement" to the phrase "transfer, assignment, or sale" in the second sentence of subdivision CSR 38-2-
3.25.a.4., and (2) amend 38-2-3.25.b. to provide that in no event can a reinstated permit be approved in advance of
the close of the public comment period.
(tttt) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to make it clear that at CSR 38-2-7.4.a.1., only
commercial forestry postmining use and not forestry postmining use may be approved for areas receiving a variance
from the AOC requirements.
(uuuu) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to either remove the phrase, "except for ponds and
impoundments located below the valley fills," from its regulations at CSR 38-2-7.4.b.1.C.5 or revise the language to
clarify that ponds and impoundments below the fill that are left in place must meet the requirements of CSR 38-2-
5.5.
(vvvv) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to delete the phrase "except for those areas with a
slope of at least 50%" from its regulations at CSR 38-2-7.4.1.D.2. Furthermore, the State must define the terms O
and Cr soil horizons.
(wwww) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.4.b.1.D.6. to provide that
the substitute material is equally suitable for sustaining vegetation as the existing topsoil and the resulting medium is
the best available in the permit area to support vegetation.
(xxxx) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to: (1) delete the word "excessive" at CSR 38-2-
7.4.b.1.G.1.; and (2) provide that at CSR 38-2-7.4.b.1.G.1., lesser or no vegetative cover may only be authorized by
the Director when mulch or other soil stabilizing practices have been used to protect all disturbed areas and it has
been demonstrated that the reduced vegetative cover is sufficient to control erosion and air pollution attendant to
erosion regardless of slope.
(yyyy) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to amend CSR 38-2-7.4.b.1.G.3. to require the repair of all rills and gullies that disrupt the approved
postmining land use or the establishment of vegetative cover or cause or contribute to a violation of water quality
standards for the receiving stream.
(zzzz) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.4.b.1.H.2. by deleting
"7.4.d.1.G.1." in two places and replacing the deleted citation with "7.4.b.1.H.1."
(aaaaa) By October 17, 2000, West Virginia WVDEP must consult with and obtain the approval of the West
Virginia Division of Forestry on the new stocking standards for commercial forestry and forestry at CSR 38-2-
7.4.b.1.I.
(bbbbb) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.4.b.1.I.2., or otherwise
amend the West Virginia program, to delete the phrase, "where there is potential for excessive erosion on slopes
greater than 20%."
(ccccc) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.4.b.1.I.2. to delete the
words "rock cover."
(ddddd) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.4.b.1.I.2. to correct the
citation error by deleting "7.4.d.1.G.1." and replacing the deleted citation with "7.4.b.1.H.1."
(eeeee) By October 17, 2000, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to delete the term "commercial forestry" at CSR
38-2-14.12.a.1.
(fffff) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.b.3., or otherwise amend
the West Virginia program to clarify that parcels retained by the landowner for commercial development and
incorporated within the Homestead area must be developed for commercial uses as provided by subdivision CSR 38-
2-7.5.g.5.
(ggggg) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.i.1.B., or to otherwise
amend the West Virginia program, to clarify that roads which meet the definition of road at CSR 38-2-2.59 and 38-2-
4.1 and that are to be retained as part of the postmining land use must be designed and constructed to meet the
primary road requirements of CSR 38-2-4.
(hhhhh) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.i.3.Q., or otherwise
amend the West Virginia program, to require that all permanent impoundments approved for Homestead postmining
land use must comply with CSR 38-2-3.6.b.1. and 38-2-5.5 concerning permanent impoundments.
(iiiii) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.i.10., or otherwise amend
the West Virginia program, to require compliance with the permit requirements at CSR 38-2-3.5.d.
(jjjjj) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.j.3.A. by adding an "E"
horizon.
(kkkkk) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.j.3.B. to delete the phrase,
"except for those areas with a slope of at least 50%," and to delete the phrase, "and other areas from which the
applicant affirmatively demonstrates and the Director of the WVDEP finds that soil cannot reasonably be
recovered."
(lllll) By Februay 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.j.3.E., or otherwise
amend the West Virginia program, to provide that the soil substitute material must be equally suitable for sustaining
vegetation as the existing topsoil and the resulting medium is the best available in the permit area to support
vegetation.
(mmmmm) By Februay 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to delete the word "excessive" from CSR 38-2-
7.5.j.6.A.
(nnnnn) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.j.6.B., or otherwise
amend the West Virginia program, to require the repair of all rills and gullies that disrupt the approved postmining
land use or the establishment of vegetative cover or cause or contribute to a violation of water quality standards for
the receiving stream.
(ooooo) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to consult with and obtain the approval of the
West Virginia Division of Forestry and the Wildlife Resources Section of the Division of Natural Resources on the
new stocking standards and planting arrangements at CSR 38-2-7.5.o.2.
(ppppp) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend CSR 38-2-7.5.o.2., or otherwise amend
the West Virginia program, to identify the applicable revegetation success standards for each phase of bond release
on Commercial Parcels, Village Parcels, Rural Parcels, Civic Parcels and Common Lands. In the meantime, no bond
release for Commercial Parcels, Village Parcels, Rural Parcels, Civic Parcels or Common Lands can be approved
until a revegetation standard is approved.
(qqqqq) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to delete the words "rock cover" from CSR 38-2-
7.5.o.2.
(rrrrr) By February 20, 2001, West Virginia must submit either a proposed amendment or a description of an
amendment to be proposed, together with a timetable for adoption to amend: (1) CSR 38-2-7.5.a. to clarify whether
or not the calculated acreage of the Commercial Parcel(s) is to be summed with the total Homestead acreage for the
purpose of calculating the acreage of other various components of the Homestead Area (such as Common Lands,
Village Parcels, Conservation Easement, etc.); and (2) CSR 38-2-7.5.l.4 to clarify whether or not the acreage for
Public Nursery is to be calculated based on the amount of acreage available for the Village Homestead, the Civil
Parcel, or the entire Homestead Area.
[50 FR 28324, July 11, 1985 and 50 FR 38652, Sept. 24, 1985, as amended at 51 FR 9651, Mar. 20, 1986; 51 FR
40796, Nov. 10, 1986; 55 FR 21338, May 23, 1990; 56 FR 50269, Oct. 4, 1991; 56 FR 58311, Nov. 19, 1991; 60
FR 51900, 51918, Oct. 4, 1995; 61 FR 6511, 6536, Feb. 21, 1996; 61 FR 38382, 38387, July 24, 1996; 63 FR
37774, 37777, July 14, 1998; 64 FR 6201, 6217, Feb. 9, 1999; 64 FR 26288, 26295, May 14, 1999; 64 FR 53200,
53203, Oct. 1, 1999; 64 FR 61506, 61507, 61518, Nov. 12, 1999; 65 FR 10388, 10390, Feb. 28, 2000; 65 FR
26130, 26136, May 5, 2000; 65 FR 50409, 50430, Aug. 18, 2000; 65 FR 80308, 80328, Dec. 21, 2000]
[EFFECTIVE DATE NOTE: 65 FR 10388, 10390, Feb. 28, 2000, removed and reserved paragraphs (yyy), (cccc),
(dddd), (eeee), and revised paragraph (bbbb), effective Feb. 28, 2000; 65 FR 26130, 26136, May 5, 2000, removed
and reserved paragraph (ttt), and added paragraphs (nnnn), (oooo), and (pppp), effective May 5, 2000; 65 FR 50409,
50430, Aug. 18, 2000, amended this section, effective Aug. 18, 2000; 65 FR 80308, 80328, Dec. 21, 2000, added
paragraphs (fffff) through (rrrrr), effective Dec. 21, 2000.]
30 CFR Sec. 948.20 Approval of State abandoned mine land reclamation plan.
The West Virginia Abandoned Mine Reclamation Plan as submitted on October 29, 1980, and as amended
December 12, 1980, is approved effective February 23, 1981. Copies of the approved plan are available at the
following locations:
(a) West Virginia Division of Environmental Protection, 10 McJunkin Road, Nitro, West Virginia 25143.
(b) Office of Surface Mining, Charleston Field Office, 603 Morris Street, Charleston, West Virginia 25301.
Telephone: (304) 347-7158.
( c) [Removed. 59 FR 17931, Apr. 15, 1994.]
[50 FR 28324, July 11, 1985; 59 FR 17931, Apr. 15, 1994]
30 CFR Sec. 948.25 Approval of West Virginia abandoned mine land 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 Date of final Citation/description
submission date publication
May 20, 1985 July 11, 1985 Transfer of program authority to the Department of Energy
(HB 1850).
Dec. 30, 1987 Aug. 26, 1988 Agency structure, public participation procedures,
assumption of emergency reclamation program.
Sept. 17, 1991, March 26, 1993 Amendments contained in House Bill 2492;
Oct. 25, 1991 Expanded eligibility criteria; Acid mine drainage treatment
and abatement program.
________________________________________________________________________________
[50 FR 28324, July 11, 1985, as amended at 53 FR 32619, Aug. 26, 1988; 58 FR 16356, Mar. 26, 1993; 62 FR
9932, 9958, March 5, 1997]
[EFFECTIVE DATE NOTE: 62 FR 9932, 9958, March 5, 1997, revised this section, effective April 4, 1997.]
30 CFR Sec. 948.26 Required abandoned mine land reclamation program/plan amendments. [Reserved]
(a) [Removed and reserved. See 61 FR 6511, 6537, Feb. 21, 1996.]
[58 FR 16357, Mar. 26, 1993; 61 FR 6511, 6537, Feb. 21, 1996]
[EFFECTIVE DATE NOTE: 61 FR 6511, 6537, Feb. 21, 1996, which reserved the section heading and removed
and reserved the text, became effective Feb. 21, 1996.]
30 CFR Sec. 948.30 State-Federal Cooperative Agreement.
COOPERATIVE AGREEMENT
This is a Cooperative Agreement (Agreement) between the State of West Virginia (State) acting by and through
the Governor, and the United States Department of the Interior (Department), acting by and through the Secretary of
the Interior (Secretary).
Article I: Introduction, Purpose and Responsible Administrative Agency
A. Authority: This Agreement is authorized by section 523( c) of the Surface Mining Control and Reclamation Act
(the Federal Act), 30 U.S.C. 1273( c), which allows a State with a permanent regulatory program approved under 30
U.S.C. 1253 to elect to enter into an Agreement for the regulation and control of surface coal mining and reclamation
operations on Federal lands within that State. This Agreement provides for such regulation within West Virginia
except on lands containing leased Federal coal consistent with the State and Federal Acts, the West Virginia State
Program (State program), and the Federal Lands Program (section 523(a) of the Federal Act and 30 CFR parts 740-
745).
B. Purpose: The purpose of the Agreement is to: (1) Foster State-Federal cooperation in the regulation of surface
coal mining and reclamation operations on Federal lands; (2) eliminate unnecessary intergovernmental overlap and
duplication; and (3) provide uniform and effective application of the State program on all lands except those
containing leased Federal coal in West Virginia.
C. Responsible Administrative Agencies: The Department of Natural Resources, Reclamation Division (DNR) is
responsible for administering this Agreement on behalf of the Governor on Federal lands throughout the State. The
Office of Surface Mining Reclamation and Enforcement (OSM) is responsible for administering this Agreement on
behalf of the Secretary, in accordance with the regulations in 30 CFR Chapter VII. The Federal lands in West
Virginia covered by this Agreement are predominantly those under the jurisdiction of the United States Department
of Agriculture, Forest Service. It is understood by all parties that the Forest Service or the Federal land management
agency, if other than the Forest Service, will continue to govern mining operations on Federal lands covered by this
agreement pursuant to laws, regulations, agreements, and restrictions for which the respective agency is responsible.
These requirements are in addition to the requirements discussed in this Agreement.
Article II: Effective Date
After it has been signed by the Governor and the Secretary, the Agreement shall take effect upon publication in the
FEDERAL REGISTER as a final rule. This Agreement shall remain in effect until terminated as provided in Article
X.
Article III: Definitions
Terms and phrases used in this Agreement which are defined in 30 CFR parts 700, 701 and 740, and the State
program shall be given the meanings set forth in said definitions.
Article IV: Applicability
A. Applicability to Federal Lands: In accordance with the Federal Lands Program in 30 CFR part 740, the laws,
rules, terms, and conditions of the State program (as conditionally approved effective January 21, 1981, 30 CFR part
948, or as hereinafter amended in accordance with 30 CFR 732.17) are applicable to Federal lands within West
Virginia. This Agreement does not apply to operations on Federal lands containing leased Federal coal.
B. Filing of Appeals: Orders and decisions issued by DNR in accordance with the State program that are
appealable shall be appealed to the State of West Virginia's Reclamation Board of Review. Orders and decisions
issued by the Department that are appealable shall be appealed to the Department of the Interior's Office of Hearings
and Appeals.
Article V: Requirements for Cooperative Agreement
The Governor and the Secretary affirm that they will comply with all of the provisions of this Agreement and will
continue to meet all the conditions and requirements specified in this Article.
A. Authority of State Agency: DNR has and shall continue to have authority under State law to carry out this
Agreement.
B. Funds: Upon application by the DNR and subject to the availability of appropriations, the Department shall
provide the State with the funds to defray the costs associated with carrying out responsibilities under this Agreement
as provided in section 705( c) of the Act and 30 CFR 735.16. If sufficient funds have not been appropriated to OSM,
OSM and DNR shall promptly meet to decide on measures that will insure that mining operations are regulated in
accordance with the State program. If agreement cannot be reached, then either party may terminate the Agreement
in accordance with Article X.Funds provided to the State shall be adjusted in accordance with Office of Management
and Budget Circular A-102, Attachment E, and shall be reduced by the amount of fees collected by the State that are
attributable to the Federal lands covered by this Agreement.
C. Reports and Records: DNR shall make annual reports to OSM pursuant to 30 CFR 745.12(d), containing
information respecting its compliance with the terms of this Agreement. Upon request, DNR and OSM shall
exchange information developed under this Agreement except where prohibited by Federal law. OSM shall provide
DNR with a copy of any final evaluation report concerning State administration and enforcement of this Agreement.
D. Personnel: DNR shall provide the necessary personnel to fully implement this Agreement in accordance with
the provisions of the Federal and State Acts and the State program.
E. Equipment and Laboratories: DNR shall assure itself access to equipment, laboratories, and facilities with
which all inspections, investigations, studies, tests, and analyses can be performed and which are necessary to carry
out the requirements of this Agreement.
F. Permit Application Fees: The amount of the fee accompanying an application for a permit shall be determined
in accordance with Section 20-6-9(f) of the Code of West Virginia (1931), as amended. All permit and civil penalty
fees collected from operations on Federal lands shall be retained by the State and deposited with the State Treasurer.
The financial status report submitted pursuant to 30 CFR 735.26 shall include a report of the amount of permit
application fees collected and attributable to Federal lands during the prior Federal fiscal year. This amount shall be
disposed of in accordance with Federal regulations, and OMB Circular No. A-102, Attachment E.
Article VI: Review of a Permit Application Package
A. Contents of Permit Application Package: DNR and the Secretary shall require an operator proposing to conduct
surface coal mining and reclamation operations on Federal lands covered by this Agreement to submit a permit
application package in an appropriate number of copies to DNR. DNR will furnish OSM a copy if OSM so requests.
The permit application package shall be in the form required by DNR and include any supplemental information
required by OSM or the Federal land management agency. The permit application package shall include the
information required by, or necessary for, DNR to make a determination of compliance under 30 CFR 740.4( c)(2)
with any conditions or special requirements imposed by the Federal land management agency and with the
requirements of the State program, including:
1. W. Va. Code, Section 20-6-1 et seq., as amended;
2. Applicable regulations of the West Virginia Surface Mining Reclamation Regulations, 20-6-Series VIII (1981);
3. Requirements of the West Virginia DNR Reclamation Division "Technical Handbook of Standards and
Specifications for Mining Operations (1981)."
B. Review Procedures: 1. DNR shall assume primary responsibility for the analysis, review, and approval or
disapproval of permit application packages required by 30 CFR 740.13 for surface coal mining and reclamation
operations on Federal lands in West Virginia except those containing leased Federal coal. DNR shall be the primary
point of contact for operators regarding decisions on the permit application package and will be responsible for
informing the applicant of all joint State-Federal or Federal determinations.
2. Upon receipt of a permit application package that involves surface coal mining and reclamation operations on
Federal lands covered by this agreement, DNR shall (1) transmit a copy of the complete permit application package
to the Federal land management agency with a request for review pursuant to 30 CFR 740.13(b)(4), and (2) provide
OSM with relevant information to allow OSM to determine whether or not the proposed surface coal mining and
reclamation operation is prohibited or limited by the requirements of section 522(e) of the Federal Act (30 U.S.C.
1272(e)) and 30 CFR parts 760-762 with respect to Federal areas designated by Congress as unsuitable for mining.
DNR shall be responsible for obtaining, in a timely manner, the views and determinations of any other Federal
agencies with jurisdiction or responsibility over Federal lands affected by a permit application package in West
Virginia.
3. OSM will provide technical assistance to DNR when requested if available resources allow and will process
requests for determinations of compatibility and valid existing rights under 30 CFR part 761 relating to Federal areas
designated by Congress as unsuitable for mining. OSM will be responsible for ensuring that any information OSM
receives from an applicant is promptly sent to DNR. OSM shall have access to DNR files concerning mines on
Federal lands. The Secretary reserves the right to act independently of DNR to carry out his responsibilities under
laws other than the Federal Act. A copy of all resulting correspondence with the applicant that may have a bearing on
decisions regarding the permit application package shall be sent to the State.
4. DNR shall prepare the required technical analysis and written findings on the permit application package. If
requested by the Federal land management agency, a draft of these documents shall be sent to it for review and
comment.
5. The permit issued by DNR shall incorporate any terms or conditions imposed by the Federal land management
agency, including conditions relating to post-mining land use, and shall condition the initiation of surface coal
mining operations on compliance with the requirements of the Federal land management agency. After DNR issues
the decision on the permit application package, it shall send a notice to the applicant, the Federal land management
agency, and OSM with a statement of findings and conclusions in support of the action.
Article VII: Inspections
DNR shall conduct inspections on Federal lands covered by this agreement and prepare and file inspection reports
in accordance with the approved Program
A. Inspection Reports: DNR shall, within 15 days of conducting any inspection on Federal lands, file with OSM
an inspection report describing (1) the general conditions of the lands under the permit; (2) whether the operator is
complying with applicable performance and reclamation requirements; and (3) the manner in which specific
operations are being conducted.
B. DNR Authority: DNR shall be the point of contact and primary inspection authority in dealing with the
operator concerning operations and compliance with the requirements covered by this Agreement, except as
described in this Agreement and the Secretary's regulations. Nothing in this Agreement shall prevent inspections by
authorized Federal or State agencies for purposes other than those covered by this Agreement.
C. OSM Authority: OSM may conduct inspections of surface coal mining and reclamation operations on Federal
lands for the purpose of evaluating the manner in which this Agreement is being carried out and to insure that
performance and reclamation standards are being met. In order to facilitate a joint Federal-State inspection, OSM
will ordinarily give DNR notice of its intent to conduct an inspection. When OSM is responsing to a citizen
complaint of an imminent danger to the health or safety of the public or a significant, imminent environmental harm
pursuant to 30 CFR 842.11(b)(1)(i), it will contact DNR if circumstances and time allow, prior to the Federal
inspection. OSM may conduct any inspections necessary to comply with 30 CFR part 842. If an inspection is made
without DNR inspectors, OSM shall provide DNR with a copy of the inspection report within 15 days after
inspection. The Secretary reserves the right to conduct inspections without prior notice to DNR to carry out his
responsibilities under the Act.
D. Witness Availability: Personnel of the State and of the Department of the Interior shall be mutually available to
serve as witnesses in enforcement actions taken by either party.
Article VIII: Enforcement
A. DNR Inforcement: DNR shall have primary enforcement authority on Federal lands covered by this agreement
in accordance with the State program and this Agreement. During any joint inspection by OSM and DNR, DNR shall
take appropriate enforcement action, including issuance of orders of cessation and notices of violation.
B. Notification: DNR shall promptly notify the Federal land management agency of all violations of applicable
laws, regulations, orders, and approved permits subject to this Agreement and of all actions taken with respect to
such violations.
C. Secretary's Authority: (1) This Agreement does not affect or limit the Secretary's authority to enforce provisions
of laws other than the Act. (2) During an inspection made solely by OSM or any joint inspection where DNR and
OSM fail to agree regarding the propriety of any particular enforcement action, OSM may take any enforcement
action necessary to comply with 30 CFR parts 843 and 845. Such enforcement action shall be based on the Act or the
substantive requirements of the State program and shall be taken using the procedures and penalty system contained
in 30 CFR parts 843 and 845.
Article IX: Bonds
A. Performance Bond: DNR shall require all operators on Federal lands to submit a performance bond to cover
the operator's responsibilities under the Federal Act and the State program, payable to both the United States and
West Virginia. The performance bond shall be of sufficient amount to comply with the requirements of both State
and Federal law, and release of the performance bond shall be conditioned upon compliance with all applicable
requirements. DNR may release the operator from any obligation under the performance bond with the concurrence
of the Federal land management agency. If this Agreement is terminated: (1) The bond will revert to being payable
only to the United States to the extent that Federal lands are involved, and (2) the bond will be delivered by DNR to
OSM if only Federal lands are covered by the bond.
B. Forfeiture: In the event of forfeiture by an operator of the performance bond for surface coal mining and
reclamation operations on Federal lands covered by this agreement, the State shall use funds received from bond
forfeiture and, where necessary, funds from the West Virginia Special Reclamation Fund (pursuant to Section 20-6-
12(h) of the West Virginia Surface Coal Mining and Reclamation Act) to ensure that reclamation is accomplished in
accordance with the State program and the approved permit.
Article X: Termination of Cooperative Agreement
This Agreement may be terminated by the Governor or the Secretary under the provisions of 30 CFR 745.15.
Article XI: Reinstatement of Cooperative Agreement
If this Agreement has been terminated in whole or in part, it may be reinstated under the provisions of 30 CFR
745.16.
Article XII: Amendment of Cooperative Agreement
This Agreement may be amended by mutual agreement of the Governor and the Secretary in accordance with 30
CFR 745.14.
Article XIII: Changes in State or Federal Standards
A. Time for Changes: The Secretary or the State may from time to time promulgate new Federal or State
regulations, including new or revised performance or reclamation requirements or enforcement or administration
procedures. OSM and DNR shall immediately inform each other of any final changes and of any effect such changes
may have on the cooperative agreement. If it is determined to be necessary to keep this Agreement in force, DNR
shall request necessary State legislative action and each party shall change or revise its regulations or promulgate
new regulations, as applicable. Such changes shall be made under the procedures of 30 CFR Part 732 for changes to
the approved State program and sections 501 and 523 of the Federal Act for changes to the Federal lands program.
B. Copies of Changes: The State and OSM shall provide each other with copies of any changes to their respective
laws, rules, regulations, and standards pertaining to the enforcement and administration of this Agreement.
Article XIV: Changes in Personnel and Organization
DNR and the Secretary shall, consistent with 30 CFR Part 745, advise each other of changes in the organization,
structure, functions, duties, and funds of the offices, departments, divisions, and persons within their organizations
which could affect administration and enforcement of this Agreement. Each shall promptly advise the other in
writing of changes in key personnel, including the head of a department or division, or changes in the functions or
duties of persons occupying the principal offices within the structure of the program. DNR and OSM shall advise
each other in writing of changes in the location of offices, addresses, telephone numbers, and changes in the names,
location and telephone numbers of their respective mine inspectors and the area within the State for which such
inspectors are responsible.
Article XV: Reservation of Rights
In accordance with 30 CFR 745.13, this Agreement shall not be construed as waiving or preventing the assertion
of any rights that have not been expressly addressed in this Agreement that the State or the Secretary may have under
other laws or regulations.
Pub. L. 95-87 (30 U.S.C. 1201 et seq.))
Dated: February 16, 1984.
William Clark,
Secretary of the Interior
Dated: February 24, 1984.
John D. Rockefeller IV,
Governor of West Virginia.
[49 FR 8917, Mar. 9, 198
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