WV Executive

WEST VIRGINIA CONTINUES to require that counties with surface-mined properties make plans for their use when mining is completed.

“West Virginia coal operators now have a clear directive on the importance of developing plans for the use of land after surface mining,” says John “Jeff” Herholdt, Jr., director of the West Virginia Division of Energy. “Our Office of Coalfield Community Development stands ready to offer assistance to counties and development authorities as they look at the best uses for post-mined land.”

In addition to numerous economic development projects throughout the state, surface-mine sites have been considered for emergency housing for disaster victims, particularly those affected by flooding.

“These sites are the first ones we look at following a disaster,” says Joe Hatfield, executive director of the West Virginia Housing Development Fund (WVHDF) and the individual charged with finding emergency housing when necessary. “They have room for people and can be developed for permanent housing if they have the infrastructure.”

Following McDowell County flooding in 2001, the WVHDF and the Army Corps of Engineers developed a temporary FEMA trailer park for affected residents. Located in Welch, the property today is proposed as a new community development project, according to Rachel Lester, executive director of the McDowell County Economic Development Authority. “The City of Welch, the Authority and the WVHDF are advancing the development of this former mine site known as Southridge,” she says.

“Flooding and recent economic growth in the county have created demand for housing, and reclaimed mine land provides an opportunity to utilize scarce available level property in McDowell County,” Lester explains. Although other reclaimed sites have been identified and development is anticipated, infrastructure is not yet available. When construction is completed at Southridge, 32 new homes will supplement the demand.

In the most recent session of the West Virginia Legislature, new requirements were instituted for what’s called land use master plans, which will specifically deal with uses of mined properties in accordance with West Virginia Code and approved rules of the U.S. Office of Surface Mining. The legislation requires the West Virginia Division of Energy’s Office of Coalfield Community Development (OCCD) to assist in the creation of these plans and to review them to ensure they meet certain criteria. Those criteria include:

• County commissions must approve infrastructure component standards and must now appoint the entity responsible for the development of the plan
• The OCCD must approve each county's land use master plan for it to take effect.
• Plans have to be updated and approved by OCCD every three years and the OCCD must assist in plan preparation.
• New coal operations within these counties can opt to redo their permit and comply with the land use master plan.
• A land owner can object if he or she does not want to adhere to the land use master plan.
• An alternative plan will be reviewed, accepted or rejected by the secretary of the WVDEP.

The OCCD has gathered information for each coalfield county that will help initiate this partnership, which can be viewed on the WV Division of Energy Web site. Upon request, the office will provide a representative to assist in evaluating this information and can help with research, studies and information gathering.

A partnership between the OCCD and the Brownfields Assistance Centers at Marshall University and West Virginia University is another benefit provided to county development officials for land use master planning as well as for evaluating uses for individual surface mines.

For more information on the Land Use Plan Assistance Program, please contact Jeff Wood at (304) 558-2234 or (800) 982-3386 or via e-mail at jwood@energywv.org.