West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-08 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Development › Section 145-8-2 - 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.
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 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.