H. B. 2113

(By Delegate Prunty)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]

A BILL to amend article two, chapter twenty-two-a of the code of

West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seventy-five-a, relating to prohibiting mining under perennial or intermittent streams.

Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty-two-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seventy-five-a, to read as follows:
ARTICLE 2. UNDERGROUND MINE MAPS.
§22A-2-75a. Mining under streams.
Unless a coal operator can demonstrate to the satisfaction of the director that no loss in flow or water quality will result, no coal or other mineral may be removed from beneath the bed of any perennial or intermittent creek or stream or within a projected distance of fifty feet from the high water mark of any such creek or stream.

NOTE: This bill prohibits mining beneath a stream without approval of the director the Division of Mines and Minerals.

This section is new; therefore, strike-throughs and underscoring have been omitted.