West Virginia Code of State Rules › Agency 207 - Coalfield Community Development › Title 207 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF ENERGY › Series 207-01 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Community Development › Section 207-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, unless used in a context that clearly requires a different meaning, the term:
2.1. Director -- shall mean the
				director of the office of Coalfield Development.
2.2. Code -- shall mean the Code of the State
				of West Virginia of 1931, as amended.
2.3. Community Development Procedures --
				shall mean that the Office of Coalfield Community Development will incorporate
				and transfer community impact statement data with county governments and or
				economic development authorities as outlined by Section 5 of this
				rule.
2.4. Community Impact
				Statement -- shall mean the written statement containing all of the information
				required by section 4 of this rule that is filed by the operator with the
				office.
2.5. Department -- shall
				mean the West Virginia Department of Environmental Protection established in W.
				Va. Code §
									22-1-1 et seq.
2.6.
				Development Authority -- shall mean the appropriate state, local, county or
				regional development or redevelopment authority as determined by the county
				commission.
2.7. Development Office
				-- shall mean the West Virginia Development Office established in W. Va. Code
				§
									5B-2-1 et seq.
2.8.
				Infrastructure Component Standards -- shall mean those standards developed by a
				development authority which are to be applied to the infrastructure needs as
				determined by the development authority and as included in a master land use
				plan to ensure proper implementation of the plan. The standards shall be
				specific to each plan.
2.9. Office
				-- shall mean the Office of Coalfield Community Development established in W.
				Va. Code §
									5B-2A-1 et seq.
2.10. Operator -- shall mean any individual,
				partnership, firm, society, association, trust, corporation or other business
				entity which applies for, which is granted or which obtains a permit to engage
				in surface mining and reclamation operations.
2.11. Master Land Use Plan -- shall mean a
				plan which addresses current and prospective uses for land which in whole or in
				part is or has been covered by a surface mining permit for the purpose of
				satisfying postmine land uses which requires a variance from approximate
				original contour and which contains all the information required by section 6
				of this rule.
2.12. Permit -- shall
				mean a permit to conduct surface mining operations issued pursuant to W. Va.
				Code §
									22-3-8.
2.13. Plan --
				shall mean a master land use plan as defined in subsection 2.11 of this
				rule.
2.14. Reclamation Plan --
				shall mean the reclamation plan established in W. Va. Code
				§
									22-3-10.
2.15. Surface Mining
				Operations -- shall mean activities conducted on the surface of lands for the
				removal of coal where such activities disturb the natural land surface. Surface
				mining operations do not include any of the following:
2.15.a. Coal extraction authorized pursuant
				to a government-financed reclamation contract;
2.15.b. Coal extraction authorized as an
				incidental part of development of land for commercial, residential, industrial
				or civic use; or
2.15.c. The
				reclamation of an abandoned or forfeited mine by a no cost reclamation
				contract.