W. Va. Code R. § 38-3-2

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 38-3-2 - Definitions

Unless the context in which used clearly requires a different meaning, as used in this rule or as referred to in W. Va. Code §22-4 as amended:

2.1. Acid-producing materials means mineral compounds which will, when acted upon by water and air, cause acids to form.

2.2. Acid-producing overburden or spoil means material that may cause spoil which upon chemical analysis, shows a pH of 5.5 or less.

2.3. Active operation means an operation where land is being disturbed or mineral is being removed or processed.

2.4. Approved person means any person approved by the Secretary in accordance with subsection 11.6. of this rule.

2.5. Backfilling means to place spoil material back into an excavation.

2.6. Buffer Zone means an undisturbed border along or around a public road, stream, lake, public park, or public or private property.

2.7. Cut means an excavation made by excavating equipment to remove overburden or mineral.

2.8. Cut-fill means overburden removed from an elevated portion of a road or bench and deposited in a depressed portion in order to maintain a desired width or grade.

2.9. Deep mining or underground mining means quarrying where, except for the face-up and ancillary areas, mineral extraction occurs primarily underground using deep mining techniques and causing minimal disturbance of the surface.

2.10. Diversion ditch means a machine-made or natural waterway used for collecting water or a ditch designed to change the actual or normal course of water.

2.11. Downslope means that area between the lowest proposed mining related construction or excavation area and the adjacent valley floor.

2.12. Drainage plan or system means the proposed method of diversion, collection, treatment, and discharge of all waters within the affected drainage area, as defined by the approved permit.

2.13. Excess spoil means overburden or spoil not used for reclamation and placed in a location other than the pit.

2.14. Groundwater means the water occurring in the zone of saturation beneath the seasonal high water table, or any perched water zones.

2.15. Haulageway or haulroad means any road constructed, improved, or maintained by the operator which is used to transport mineral, overburden, equipment or spoil and is located within the permit area.

2.16. Highwall means the vertical or near vertical wall consisting of the exposed strata after excavating operations.

2.17. Infiltration means the flow or movement of surface water into the subsurface or ground water system.

2.18. Infrequently used access road means any road that is constructed for and used only to provide infrequent service to facilities used in support of quarrying, reclamation activities, or other limited use activities and is not required for the post-quarrying land use.

2.19. Monument means a permanent marker consisting of metal, concrete, or wood used to identify the boundary or entrance to the permit area.

2.20. Natural drainway means any watercourse or channel which carries water to the tributaries and rivers of the watershed. The United States Geological Survey classification of perennial or intermittent streams shall be considered as natural drainways.

2.21. Operation means the area where quarrying is being conducted.

2.22. Outer slope means the disturbed area extending from the outer edge of the quarry bench to the extreme lower limit of the disturbed land.

2.23. Overburden means the earth, rock and other materials lying in the natural state above a mineral deposit being quarried or removed.

2.24. Pit means that part of the quarrying operation from which the mineral is being actively removed or has been removed.

2.25. Pollution means any water discharge in violation of the National Pollution Discharge Elimination System permit or permit standards, or any other applicable water quality standards.

2.26. Processing means the crushing, sizing, screening, or washing of the mineral.

2.27. Regrade or grade means to change the contour of any surface by the use of leveling or grading equipment.

2.28. Screening means measures taken to minimize adverse impacts a quarry operation may have on aesthetics, the environment or the health, safety and welfare of the public.

2.29. Seepage water means any water entering the ground from the surface through capillary action, cracks, faults or any other natural modes of entry, and finding its way to the surface again.

2.30. Serious violation means a violation, that after an informal conference on the assessment has been held, is rated at a seriousness level of eight (8) or higher.

2.31. Slope means the angle of repose from the horizontal plane of spoil banks or ridges of overburden material made in the quarrying operation; the angle of a hill or mountain. A gentle slope shall mean zero percent (0%) to ten percent (10%); moderate to steep slope shall mean ten percent (10%) to forty-five (45%); extremely steep slope shall mean forty-five (45%) and over.

2.32. Spoil means material of any nature other than topsoil which overlays the mineral being mined which is removed or displaced by excavating equipment, blasting or any other means; or material of any kind which is separated from the mineral being mined as undesirable to the current product.

2.33. Stabilize means to fix in place by mechanical or vegetative means, including, but not limited to, the planting of trees, grasses, vines, shrubs, or legumes.

2.34. Storm water means any water flowing over, around, or through the permitted area in response to a precipitation event. This includes all surface run off.

2.35. Surface water means that water, from whatever source, which is flowing on the surface of the ground.

2.36. Suspension of permit means an act of the Secretary temporarily nullifying the validity of a permit insofar as the quarrying, processing and removal of minerals are concerned.

2.37. Technical Handbook means "The Technical Handbook of Standards and Specifications for Erosion and Sediment Control, Excess Spoil Disposal, Haulageways" for mining operations in West Virginia.

2.38. Water analyses means any water tests or analyses performed using the analytical procedures set forth in the most current edition of "Standard Methods for the Examination of Water and Wastewater".

W. Va. Code R. § 38-3-2