West Virginia Code of State Rules Agency 49 - Surface Mine Board
West Virginia Code of State Rules – Agency 49: Surface Mine Board
Overview:
Agency 49 of the West Virginia Code of State Rules (CSR) contains the administrative rules of the West Virginia Surface Mine Board (SMB). This quasi-judicial board is responsible for hearing appeals related to surface mining permits and enforcement actions issued under the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), codified in West Virginia Code §22-3.
The board ensures that permit decisions and regulatory enforcement actions taken by the Department of Environmental Protection (DEP), Division of Mining and Reclamation comply with applicable state and federal laws.
Key Roles of the Surface Mine Board:
Hear appeals from:
Denials, suspensions, or revocations of mining permits
Notices of violation or cessation orders
Conditions placed on permits
Serve as an independent review body separate from the DEP
Provide a formal process for resolving disputes between mining companies, citizens, and regulators
Key Provisions Found in Agency 49 Rules:
CSR §49-1 – Rules of Practice and Procedure Before the Surface Mine Board
Governs all aspects of the appeal process:
Filing procedures, including deadlines and required content
Parties to the appeal (e.g., permit applicants, citizens, DEP)
Discovery, evidence submission, and motions
Conduct of hearings, including subpoenas, oaths, and witnesses
Issuance of final orders and appeal rights to circuit court
Emphasizes due process and formal administrative hearing procedures
CSR §49-2 (if applicable) – May address specific procedural rules or board operations, such as scheduling, notice requirements, or electronic filing (subject to updates)
Legal Authority:
West Virginia Code §22-3-21 – Establishes the Surface Mine Board and its authority to hear appeals
Operates in compliance with:
WV Administrative Procedures Act
Federal Surface Mining Control and Reclamation Act (SMCRA) for consistency with federal standards
Who Can Appeal to the Board?
Mining permit holders or applicants denied a permit or given a violation
Citizens or environmental groups opposing a permit approval
Landowners or community members affected by mining activity
Final Decisions:
The board's decisions can be:
Final and binding, unless appealed to West Virginia circuit court
Accompanied by findings of fact and conclusions of law
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