WVC 22 - 4 - 19
§22-4-19. Time period for reclamation.
(a) The operator shall commence the reclamation of the
incremental area of land disturbed by the operator after the
completion of all quarrying of that area in accordance with the
approved quarrying and reclamation plan. The quarrying and
reclamation plan for each operation shall be site specific in
describing how the quarrying and reclamation activities are to be
coordinated to minimize total land disturbance and to keep
reclamation operations as contemporaneous as possible with the
advance of the quarry operations. All quarry operations shall be
conducted in compliance with the approved quarrying and reclamation
plan and the requirements of this article.
(b) At the option of the permittee and with the director's
concurrence, a quarry permit may be inactive for a time so
specified by the director, during which no mineral or overburden is
removed if the following conditions are met:
(1) That economically viable mineral reserves remain in the
(2) All disturbed areas are reclaimed or stabilized to prevent
erosion and sedimentation;
(3) All drainage and sediment control structures, such as
culverts, ditches, sediment basins and traps are maintained; and
(4) All vegetation is maintained and reseeded as necessary.
(c) Any permit which is not in operation and has failed to
apply for inactive status within six months is deemed an abandoned quarry.