West Virginia Code of State Rules Agency 59 - Abandoned Mine Lands
West Virginia Code of State Rules – Agency 59: Abandoned Mine Lands
Agency 59 of the West Virginia Code of State Rules (CSR) governs the administration of the Abandoned Mine Lands (AML) program, which is operated by the West Virginia Department of Environmental Protection (WVDEP), Office of Abandoned Mine Lands and Reclamation (AML&R). These rules are created under the authority of the federal Surface Mining Control and Reclamation Act (SMCRA) and state law, and they guide how the state addresses environmental hazards and public safety risks from mines abandoned before August 3, 1977.
🔹 Purpose of Agency 59 Rules:
Implement West Virginia’s responsibilities under the federal AML program
Reclaim and restore land and water resources adversely affected by coal mining practices prior to modern regulation
Ensure public safety by eliminating abandoned mine hazards
📘 Key Areas Typically Covered in Agency 59:
| CSR Section | Subject Matter |
|---|---|
| 59-1 | General Provisions and Definitions |
| 59-2 | Eligibility Criteria for AML Projects |
| 59-3 | Priority Ranking of Reclamation Sites |
| 59-4 | Project Approval and Landowner Consent |
| 59-5 | Contractor Selection and Procurement |
| 59-6 | Emergency Reclamation Procedures |
| 59-7 | Use of Reclaimed Sites (Post-reclamation land use) |
✅ Key Provisions and Processes:
1. Eligibility (59-2)
Sites must have been mined and abandoned before August 3, 1977
No continuing reclamation responsibility by current owners/operators
Must pose a danger to public health, safety, or the environment
2. Priority Ranking (59-3)
Sites are classified by urgency and risk:
Priority 1: Protects public health and safety (e.g., dangerous highwalls, open shafts)
Priority 2: Protects public property and environmental resources
Priority 3: General environmental restoration and economic development
3. Project Implementation (59-4, 59-5)
Projects require landowner access agreements
AML office uses state procurement processes to select qualified contractors
Projects are publicly bid and monitored for compliance
4. Emergency Response (59-6)
Allows rapid reclamation in life-threatening situations (e.g., sudden subsidence, mine fires)
Bypasses normal bidding timelines in urgent circumstances
5. Post-Reclamation Use (59-7)
Landowners may reuse reclaimed land for agriculture, development, conservation, etc., under state guidelines
🏛️ Authority:
Federal: Surface Mining Control and Reclamation Act (SMCRA), 1977
State: West Virginia Code §22-2 and §22-3
Rules Codified in: Title 59 of the CSR
🔍 Notes:
The AML program is federally funded through fees on coal production.
Reclamation may involve regrading, soil treatment, water remediation, and revegetation.
AML sites may also qualify for economic development under AMLER (Abandoned Mine Land Economic Revitalization) initiatives.
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