W. Va. Code R. § 207-1-5 - Coalfield Community Development Procedures

5.1. The office shall coordinate and share information outlined in the community impact statement with the county development authority when an operator applies for any permit with the department.

5.2. Within 30 days after the community impact statement from the operator applying for the permit is filed with the office, the operator shall distribute notice that property is intended to be mined by the operator applying for the permit to the following:

State and local government agencies such as county commissions, city or town governments in affected communities, regional planning and development councils, and county economic development authorities having jurisdiction over the affected communities, all by certified mail.

5.3. Within 30 days after the community impact statement from the operator applying for the permit is filed with the office, the operator shall notify individuals and business owners and operators in affected communities of the proposed mining activity.

5.3.a. This notification from the operator shall be by a class I legal advertisement as provided in W. Va. Code § 59-3-2, which shall contain a map identifying the location of the proposed surface mining operations.

5.3.b. After this notification has been published, the operator shall file the publication certification for the class I legal advertisement with the office.

5.4. A notice provided by the operator to affected persons and entities about coalfield community development shall contain the following information:

5.4.a. The name of the permit applicant and the location of the intended surface mining operations;

5.4.b. The locations in the affected communities where the community impact statement has been filed by the operator for inspection;

5.4.c. The expected duration of the surface mining operations in each area of the community;

5.4.d. The notice shall inform its recipients that the office invites persons and entities in areas affected by the anticipated surface mining operations to submit written comments and other documentation to the chief, appointed by the director pursuant to W. Va. Code § 5B-2A-4 within 30 days after the date of the notice about how their communities are anticipated to be affected by the planned surface mining operations and the intended postmining land use; and

5.4.e. The notice shall inform its recipients that the community impact statements for the planned surface mining operations were filed within 180 days from the date of the notice, and that persons and entities in the affected communities shall have 30 days after the date to submit written comments to the director.

5.5. After the close of the public comment period, the office will deliver public comments to the development authority and assist in the incorporating of the community impact statement into the land use master plan.

5.6. The office shall coordinate and transfer information, findings and recommendations to development authorities in the county affected.

5.6.a. The office shall include an evaluation of the future of the affected communities once mining operations are completed.

5.6.b. The office shall include the identification of community assets that may be developed by the affected community, county or region to foster its viability when surface mining operations are completed which may include the following:

5.6.b.1. Water and wastewater services;

5.6.b.2. Developable land for housing, commercial development or other community purposes;

5.6.b.3. Recreation facilities and opportunities; and

5.6.b.4. Education facilities and opportunities.

5.6.c. In determining the nature and extent of the needed community assets, the office shall consider at least the following:

5.6.c.1. An evaluation of the future of the community once surface mining operations are completed as required to be determined in the applicable county's master land use plan;

5.6.c.2. The prospects for the long-term viability of any asset developed under this subdivision 5.6.c;

5.6.c.3. The desirability of foregoing some or all of the asset development required by this subdivision 5.6.c in lieu of the requirements of subdivision 5.6.e of this rule;

5.6.c.4. The determinations made during the development of the coalfield community development procedures of the impacts of the mining operations on the community; and

5.6.c.5. The extent to which the community, local, state or federal government may participate in the development of assets the community needs to assure its viability.

5.6.d. As part of the coalfield community development procedures, the office shall recommend the land and infrastructure needs in the county or counties in which the surface mining operations are being conducted, or any adjacent county.

5.6.e. In making a determination of the land and infrastructure needs in the general area of the surface mining operations, the office shall consider at least the following:

5.6.e.1. The availability of developable land in the general area;

5.6.e.2. The needs of the general area for developable land;

5.6.e.3. The availability of infrastructure, including, but not limited to, access roads, water service, wastewater service and other utilities;

5.6.e.4. The amount of land to be mined and the amount of valley to be filled by the surface mining operation;

5.6.e.5. The amount, nature and cost to develop and maintain the community assets identified in subsection 5.6.b of this rule; and

5.6.e.6. The availability of federal, state and local grants and low-interest loans to finance all or a portion of the acquisition and construction of the identified land and infrastructure needs of the general area.

5.6.f. In making a determination of the land and infrastructure needs in the general area of the surface mining operations, the office shall give significant weight to developable land on or near existing or planned multi-lane highways.

5.7. When the office receives community impact statements that affect communities that are included within existing master land use plan, the office shall determine whether the surface mining activities anticipated by the additional community impact statements require modification of the land use master plan. In the event that the office determines no modification is required, the office and operator shall issue a notice pursuant to subsections 5.2 and 5.3 containing the information required by subsections 5.3.a - c and disclose the intention of the office not to further amend or modify the existing land use master plan. When the office concludes that the anticipated surface mining operations require an amendment to or modification of a master land use plan, then the office and operator shall use the notice and public comment provisions contained in subsections 5.4.a - e and 5.5 of this rule

5.8. The office shall prepare an annual status update which shall describe accomplishments and prospects for continued economic development.

Notes

W. Va. Code R. § 207-1-5