W. Va. Code R. § 207-1-2 - Definitions

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.

2.16. Renewable and Alternative energy -- shall mean energy produced or generated from natural or replenish able resources other than traditional fossil fuels or nuclear resources and includes, without limitations, solar energy, wind power, hydropower, geothermal energy, biomass energy, biologically derived fuels, energy produced with advanced coal technologies, coalbed methane, fuel produced by coal gasification or liquefaction facility, synthetic gas, waste coal, tire derived fuel, pumped storage hydroelectricity power or similar energy sources.

Notes

W. Va. Code R. § 207-1-2