Title 166 W. Va. C.S.R.

Public Port Authority Public Port Authority

Series 01 Port District Application Requirements

W. Va. Code R. § 166-1-1 General

1.1. Scope. -- This rule addresses the application requirements for obtaining Port District status.

1.2. Authority. -- This rule is issued pursuant to authority granted to the West Virginia Public Port Authority under West Virginia Code '17-16B-8.

1.3. Filing Date. -- January 30, 1995

1.4. Effective Date. -- March 1, 1995

W. Va. Code R. § 166-1-2 Definitions

2.1. Applicant. -- Any public or private entity, or combination thereof, desiring Port District status.

2.2. Application. -- West Virginia Public Port Authority (WVPPA) Form 1.

2.3. Operating Agreement. -- Agreement outlining operating responsibilities of various principals at a port district on a project by project basis.

2.4. Port District. -- An entity authorized by the Port Authority.

2.5. Port District Status. -- Status requested by an entity and duly approved by a majority of Port Authority members.

2.6. Port Location. -- Geographical location of Port District.

2.7. Provisional Port District Status. -- Approval of Port District status with provisions and sometimes containing a time constraint.

2.8. WVPPA. -- West Virginia Public Port Authority.

W. Va. Code R. § 166-1-3 Application Package

3.1. Application. -- The applicant must complete and submit to the West Virginia Public Port Authority, WVPPA Form 1. (See Form 1, Exhibit A, Port District Application Requirements, 166 CSR 1.)

3.2. Plan For Future Development. -- This plan must be submitted to the West Virginia Public Port Authority coincident to the submission of the application, WVPPA Form 1 and will contain at a minimum the following information.

3.2.1. Cover letter

3.2.2. Organizational Structure and Proposed Project(s) - Describe the nature of the body desiring the establishment of a Port District. Is it a governmental agency(ies)? A private venture? A combination of the two? What type of venture - i.e., import, export, manufacturing, warehousing, processing? Estimated annual volume of activity in dollars, tons or other appropriate measure.

3.2.3. Officers - List the officers of the organization, their titles and addresses.

3.2.4. Multiple Projects - If more than one project, discuss each individually.

3.2.5. Location of Port District - Enclose a map showing the location of the Port District.

3.2.6. Port Infrastructure - Describe the existing port infrastructure, if any, its condition and deficiencies and needed improvements. Show these facilities on a map with adequate detail to inform Authority members.

Address transportation by mode - water, rail, highway, pipeline or conveyor, air, if applicable - adequacy of public utility services - electricity, gas, water supply and waste water treatment, solid waste disposal, etc. and other necessary or existing structure - warehouses, bulk storage sites, etc. Particular emphasis should be given to intermodal transfer points.

3.2.7. Financing - How will development of the Port District be financed? What are the funding sources?

3.2.8. Economic Impact - What will be the economic impact of the Port District? Will it provide new jobs and will they be of a temporary or permanent nature?

How will creation of this Port District contribute to the economic development of the area it will serve?

3.2.9. Insurance - Submit proof of insurance in accordance with this procedure and WVPPA Form 1.

3.2.10. Other - List any special factors which might make the proposed Port District unique or especially deserving of designation.

Conversely, list any potential problem areas involved with designating the site as a Port District, i.e. zoning restrictions, environmental, expressed local opposition, etc.

3.3. Agreements - Prepare an agreement with attached schedules as necessary for each project and submit as part of the application package.

W. Va. Code R. § 166-1-4 Liability

4.1. Independent Acts - It is expressly understood and agreed that the Applicant is and shall at all times throughout the application process be an independent contractor and operator, responsible to all parties for its acts and omissions, and that the West Virginia Public Port Authority and the State of West Virginia shall in no way be responsible therefor.

The applicant hereby assumes all risks incident to or in connection with its business to be conducted throughout the application and development process, and agrees to indemnify, defend and save harmless the West Virginia Public Port Authority, its members, officers, employees and agents, from any and all claims, suits, losses, or damages for injuries to persons or damage to property of whatsoever kind or nature rising directly or indirectly out of the operation of the "Port District", by its members, officers, employees or agents.

W. Va. Code R. § 166-1-5 Application Package Submission and WVPPA Decision

5.1. Timing. -- Application package shall be submitted at least 15 working days prior to a regularly scheduled Authority meeting.

5.2. Submission. -- Submit Application Package to:

West Virginia Public Port Authority West Virginia Department of Transportation 1900 Kanawha Boulevard, E., Building 5, Room 931 Charleston, West Virginia 25305-0330

5.3. Presentation. -- The applicant or sponsor shall make a verbal presentation to the Authority of their proposal at a scheduled Public Port Authority meeting.

5.4. Decision. -- The West Virginia Public Port Authority will review proposals and respond to the applicant in a timely manner.

EXHIBIT A

PORT DISTRICT STATUS APPLICATION, FORM 1

166CSR1