West Virginia Code of State Rules Agency 38 - Mining And Reclamation
West Virginia Mining and Reclamation (Agency 38) – Overview
Agency 38 – Mining and Reclamation regulates the exploration, development, operation, and reclamation of mining activities in West Virginia. Its rules balance the economic benefits of mining with the need to protect the environment, land, water, and communities. The agency ensures that mining is conducted responsibly, and that disturbed lands are restored after mining ends.
1. Purpose and Mission
Mission: To oversee and regulate mining activities while ensuring that mined lands are reclaimed for safe, productive, and environmentally sustainable use.
Goals:
Prevent environmental damage during and after mining.
Ensure mined areas are properly restored (reclaimed).
Protect public health, safety, and property.
Promote responsible mining practices that benefit the state’s economy and people.
2. Organizational Structure
Director of Mining and Reclamation: Provides leadership and ensures that the rules are implemented consistently across the state.
Divisions / Units within the Agency:
Permitting Division – Reviews and issues permits for mining operations.
Inspection and Enforcement Division – Ensures operators comply with permits and reclamation standards.
Reclamation Division – Oversees the process of restoring land and water after mining.
Technical Services – Provides scientific, geological, and engineering support.
Staff Composition: Includes inspectors, engineers, reclamation specialists, hydrologists, geologists, and administrative personnel.
3. Core Responsibilities
1. Permitting of Mining Operations
Companies must apply for permits before beginning mining.
Applications require maps, environmental studies, reclamation plans, and financial assurance (bonding).
The agency evaluates potential environmental and community impacts before granting approval.
2. Monitoring and Inspections
Inspectors regularly visit mining sites to ensure compliance with agency rules.
Monitoring includes water quality, air quality, safety measures, and land disturbance.
Violations may result in warnings, fines, suspension, or revocation of permits.
3. Reclamation Standards
Mining operators must restore disturbed land to a safe and stable condition.
Reclamation involves:
Regrading landforms.
Replacing topsoil.
Revegetation with suitable plants.
Restoring water quality and drainage systems.
Land should be returned to productive uses such as forestry, agriculture, wildlife habitat, or community development.
4. Environmental Protection
Prevents sedimentation, pollution, and damage to rivers, streams, and groundwater.
Ensures proper disposal of mining by-products (spoil, slurry, tailings).
Requires control measures for blasting, dust, and noise.
5. Public Safety
Monitors mine stability, subsidence risks, and blasting impacts.
Protects nearby communities, roads, and structures from mining-related hazards.
4. Enforcement and Compliance
Inspection Reports: Document compliance with rules and permit conditions.
Violation Notices: Issued if operators fail to follow required standards.
Penalties: May include fines, suspension of operations, or reclamation orders.
Bond Forfeiture: If a mining company fails to reclaim land, its posted financial bond is seized and used by the state to complete reclamation.
5. Public Involvement
Public Hearings & Notices: Communities are notified about proposed mining projects.
Comment Opportunities: Citizens can submit concerns or objections to permit applications.
Transparency: Agency decisions, permits, and enforcement records are maintained for public access.
6. Reclamation Programs (Post-Mining Land Use)
Lands must be restored for beneficial use, such as:
Forestry or agriculture.
Wildlife habitat restoration.
Recreational areas or community development projects.
Long-term monitoring ensures vegetation growth, soil stability, and water quality improvements.
7. Oversight and Accountability
Internal Oversight: The Director monitors performance of divisions and enforcement staff.
Annual Reporting: Agency prepares reports on mining activities, reclamation efforts, and enforcement outcomes.
Financial Accountability: All bonding, penalties, and reclamation funds are tracked and used only for restoration.
8. Key Principles
Responsible Mining: Ensure mining contributes to the economy without compromising environmental integrity.
Reclamation First: Every mining operation must have a clear, enforceable plan to restore the land.
Polluter Pays: Companies must bear the cost of cleanup and restoration.
Community Protection: Safeguard public health, property, and resources from mining impacts.
Transparency and Accountability: Provide open processes for permitting, enforcement, and public involvement.
Summary
Agency 38 – Mining and Reclamation regulates all phases of mining in West Virginia: permitting, operations, monitoring, enforcement, and reclamation. Its primary focus is to ensure that lands disturbed by mining are properly restored, while protecting public safety, water, air, and ecosystems. The agency emphasizes responsible mining, reclamation, enforcement, and community involvement, ensuring that mining supports economic growth without leaving behind environmental damage.
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