West Virginia Code § 22-4-10

Modification of permits
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(a) Prior to expanding or otherwise altering quarrying operations beyond the activities
authorized under an existing quarry permit, a permittee shall obtain approval for
modification from the director. The application shall be in writing on forms provided by the
division, or the application may be submitted electronically. Applicants shall verify electronic
submissions by signed affidavit. Information that remains unchanged from tehe initial
application is not required to be resubmitted. A permit may be modified in any manner, so
long as the director determines that the modification fully meets the rerquirements of all
applicable federal and state law, regulations and rules, and that the modifications would be
consistent with the issuance of the original permit.
(b) No modification of a permit which has been approved byt the director becomes effective
until any required changes have been made in the performance bond or other security
posted under the provisions of sections twenty or twenty-two of this article to assure the
performance of obligations assumed by the permittee under the permit and the quarrying
and reclamation plan.
(c) A minor permit modification is one in which the proposed modification would not cause a
significant departure from the terms and conditions of the existing permit and would not
result in a significant impact to the egnvironment or to nearby property.
(d) An application for a minor permit modification shall require information related to the
modification, any impact it may have on the original permit area and adjacent property,
quarrying and reclamation plans, and any other information deemed necessary by the
director. An application for a minor permit modification requires public notice, but does not
require a public hearing.
(e) Any application for a permit modification that is not a minor permit modification is a
major permit modification. An application for a major permit modification must meet the
samWe requirements as for a new permit application. Modification of a buffer zone of a quarry
operation is always a major modification.
(f) The director shall act upon the application for a permit modification pursuant to the
provisions of subsection (a) of section six of this article.
(g) The director may deny the application for a permit modification for the reasons and
under the stated procedure as for new permits set forth in sections seven and eight of this
article.

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