WEST VIRGINIA CODE
WVC 5 B- 2 A- 8
§5B-2A-8. Determining and developing needed community assets.
(a) The office shall determine the community assets that may
be developed by the community, county or region to foster its
viability when surface mining operations are completed.
(b) Community assets to be identified pursuant to subsection
(a) of this section may include the following:
(1) Water and wastewater services;
(2) Developable land for housing, commercial development or
other community purposes;
(3) Recreation facilities and opportunities; and
(4) Education facilities and opportunities.
(c) The operator shall be required to prepare and submit to
the office the information set forth in this subsection as follows:
(1) A map of the area for which a permit under article three,
chapter twenty-two of this code is being sought or has been
(2) The names of the surface and mineral owners of the
property to be mined pursuant to the permit; and
(3) A statement of the post-mining land use for all land which
may be affected by the mining operations.
(d) In determining the nature and extent of the needed
community assets, the office shall consider at least the following:
(1) An evaluation of the future of the community once mining
operations are completed;
(2) The prospects for the long-term viability of any asset developed under this section;
(3) The desirability of foregoing some or all of the asset
development required by this section in lieu of the requirements of
section nine of this article; and
(4) The extent to which the community, local, state or the
federal government may participate in the development of assets the
community needs to assure its viability.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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