(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 permitted area;
(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.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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