Reion .. .. Record - Virginia Region of the NSS -...

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Regon . . .. Record Vol. X No. 2 Spring 1997 Norman Cave Lawsuit Concluded (Fhe long running lawsuit resulting from a 1994 accident in Norman Cave (Greenbrier Count. W was fnally concluded at the end of February. The following article appeared in the March I. 1997 edition of the Mountain Messenger. a weekly newpaper in LeWisburg, W The article is reprinted with permission). Defense Prevails In Hanley Case By Carol Hall The long drawn-out case of 69- year-old Susan Hanley, which started with a fall in a cave near Renick on May 5, 1994, finally came to an end Friday, Feb. 28 in the Greenbrier County Courthouse. Afer eight days of testimony, approximately 20 witnesses and over 50 exhibits, the jury found Susan Hanley 70 percent responsible for her injuries. No damages were awarded in the case as the jury found for Danny Gillespie and against Hanley. In her suit against Gillespie, Gary and Barbara Ford and Lost World Cavers (Ora Ford), Hanley alleged Gillespie was an "agent" for Lost World Cavers before and afer her fall; that Gillespie was responsible for her fall and that Lost World Cavers was also responsible because advertising, in the form of rack cards and posters, had Gillespie's phone number on them. Gillespie had "The Rock Shop" in the Lost World building from carly 1992 to November 1993. The Fords and Gillespie maintained their business relationship was severed when he removed his Rock Shop in '93. Gillespie denied all charges that he did not act responsibly at all times during the incident. The Fords testifed they did not know the Hanleys "til the paper was served, " that they did't know that particular cave existed nor that anyone fell in it on May 5, 1994. It was explained in testimony that Gary Ford is the owner of Lost World Cavers which, along with the Gif Shop, is managed by his father, Ora Ford. In her testimony, Hanley said she and her caving group--her son, Mark Rosenthall, Suzanne Rosenthall, MariaJe Zack, and Bruce and Michelle Stacy were "lured" by a 1992 Lost World rack card one of the women picked up at a rest stop on 1-64 on their way to the Hanley home in Pocahontas County. Also in contention during the trial was Hanley's statement that she was crawling and somehow fell 15 f. through a hole into a shallow pool under or near a waterfall in the cave. The dcfense, howevcr. contended she apparently went to look at the waterfall and fell over or fom it. Defense attoreys Michael Moore of Charleston and Jesse Guills of Lewisburg tried to bring out in testimony that Hanley knew or should have kown wild caving entails a certain amount of risk, and that the Fords and Gillespie had severed their business relationship in November of 1993. Gillespie. acting as his own attorey, brought out in testimony he was not an agent of Lost World Cavers at the time of Hanley's fall and that throughout, he acted 11 a responsible manner. Approximately 17 witnesses were put on by plaintif( Susan Hanley's lawyers--Martin Safer of Marlinton and Marilyn Thompson of Elkins. In her testimony Monday, Feb. 24, Susan Hanley told the jury how her injuries-fractured ankles and calcaneus (heel bones) and injury to her back make it difcult for her to do her regular work around the farm continued on page 3 ...

Transcript of Reion .. .. Record - Virginia Region of the NSS -...

Region Record

Vol X No 2 Spring 1997

Norman Cave Lawsuit Concluded

(Fhe long running lawsuit resulting from a 1994 accident in Norman Cave (Greenbrier County WV) was finally concluded at the end of February The following article appeared in the March I 1997 edition of the Mountain Messenger a weekly newpaper in LeWisburg WV The article is reprinted with permission)

Defense Prevails In Hanley Case

By Carol Hall

The long drawn-out case of 69-year-old Susan Hanley which started with a fall in a cave near Renick on May 5 1994 finally came to an end Friday Feb 28 in the Greenbrier County Courthouse After eight days of testimony approximately 20 witnesses and over 50 exhibits the jury found Susan Hanley 70 percent responsible for her injuries No damages were awarded in the case as the jury found for Danny Gillespie and against Hanley

In her suit against Gillespie Gary and Barbara Ford and Lost World Caverns (Ora Ford) Hanley alleged Gillespie was an agent for Lost World Caverns before and after her fall that Gillespie was responsible for her fall and that Lost World

Caverns was also responsible because advertising in the form of rack cards and posters had Gillespies phone number on them Gillespie had The Rock Shop in the Lost World building from carly 1992 to November 1993

The Fords and Gillespie maintained their business relationship was severed when he removed his Rock Shop in 93

Gillespie denied all charges that he did not act responsibly at all times during the incident The Fords testified they did not know the Hanleys til the paper was served that they didnt know that particular cave existed nor that anyone fell in it on May 5 1994

It was explained in testimony that Gary Ford is the owner of Lost World Caverns which along with the Gift Shop is managed by his father Ora Ford

In her testimony Hanley said she and her caving group--her son Mark Rosenthall Suzanne Rosenthall MariaJUle Zack and Bruce and Michelle Stacy were lured by a 1992 Lost World rack card one of the women picked up at a rest stop on 1-64 on their way to the Hanley home in Pocahontas County

Also in contention during the trial was Hanleys statement that she was crawling and somehow fell 15 ft through a hole into a shallow pool under or near a waterfall in the cave The dcfense howevcr contended she apparently went to look at the waterfall and fell over or from it

Defense attorneys Michael Moore of Charleston and Jesse Guills of Lewisburg tried to bring out in testimony that Hanley knew or should have known wild caving entails a certain amount of risk and that the Fords and Gillespie had severed their business relationship in November of 1993 Gillespie acting as his own attorney brought out in testimony he was not an agent of Lost World Caverns at the time of Hanleys fall and that throughout he acted 111 a responsible manner

Approximately 17 witnesses were put on by plaintif( Susan Hanleys lawyers--Martin Saffer of Marlinton and Marilyn Thompson of Elkins

In her testimony Monday Feb 24 Susan Hanley told the jury how her injuries-fractured ankles and calcaneus (heel bones) and injury to her back make it difficult for her to do her regular work around the farm

continued on page 3

Region

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Volume X Number 2 The Region Record Spring 1997

The Region Record V AR Officers Chainnan

Vice Chainnan

Secretary

Treasurer

Committees Conservation

Ted Andrus Rt 3 Box 150 Staunton VA 24401 (S40)88S-3119H (540)946-1 167W

Craig Hindman (410)792-0742H

Carol Tiderman ( 410)792-0742H

Ted Kayes (804)272-4310H

Andy Reeder Rt 1 Box 41 Huddleston VA 24104 (S40)297-3711H (804)847-1640W

Landowner Awards Don Anderson PO Box 966 Dublin VA 24084

Record Staff Editors

Distribution

Bob Hoke Pauline Apling Barry Chute

Evelyn Bradshaw (S40)898-9288H

The Region Record is the quarterly publication of the Virginia Region of the National Speleological Society Any articles announcements or other material of general interest to cavers in the Region is welcome Send all material to Bob Hoke (6304 Kaybro St Laurel MD 20707 (301)725-5877 E-mail bobhokc(iilerolscolll) Electronic submissions (Email or disk) are encouraged but any fonn of input is welcome

Non-copyrighted material contained in the Region Record may be reprinted by organizations that are affiliated with tile VAR or the NSS provided that proper credit is given to the Record and tile auUwr The opinions expressed herein are tl10se of tile individual author and do not necessarily reflect tl10se oftl1e editors tile VAR tl1e NSS or tileir internal organizations

The Region Record is printed by members of the DC Grotto and the Potomac Speleological Club

copy 1997 Virginia Region of the NSS

Regional Calendar

Mar 28-30 Grand Caverns Restoration Project

Help restore Grand Caverns south of

Harrisonburg VA Contact Andy Reeder

at (540)297-3711 for infonnation

Apr 12 Cleanup trip in Bowden Cave near

Elkins WV Help Tri-State Grotto clean up this popular and sometimes challenging cave Contact Judy Fisher at (304)258-4974 for infonnation

Apr 25-27 Spring VAR meeting at the RASS field

station in Bath County VA See

infonnation flyer in this issue

Pre-registration is requested

June 7 Cleanup trip in Smokeholc Cave

Pendleton County WV This is a small

but interesting cave that needs a good

cleaning Hosted by DC Grotto and PSc

Contact Pauline Apling for at (703)370-

4257 for infonnation

June 23-271997 NSS Convention in Sullivan MO

Aug 28-Sep I Old Timers Reunion Daily WV

You must be a TRA member to attlnd

Contact Bill Bussey at (919)-403-7275 for infonnation

Oct 3-5 Fall V AR meeting at Cumberland Gap National Historical Park Lec County

V A hosted by Pine Mountain Grotto

More infonnation will be in the next

Region Record

Volume X Number 2

continued from page 1

as she is now unable to walk on uneven ground Under questioning by Thompson she noted that on May 5 1994 she thought shed take the day off from work and go caving with her son and his friends and that it would be fun

Hanley previously lived in New York and studied fine arts She had worked there and in Korea and other places as a free lance photogshyrapher before coming to Pocahontas County with her husband Shannon where they opened The Quietude Stud a Morgan horse breeding farm

During the course of the trial witnesses for the plaintiffs Jerry Kyle and Rick Lambert cave experts and paramedics both indicated Hanley told them she fell through a hole and that someonemiddot had been positioned to keep others from going over the waterfall

However defense witnesses EMT Dawn Perkins who was a first responder and Jerry Cook a parallHdic also 011 th SC ll told the court Hanley was alert and oriented when they talked to her and that when asked how the accident happened she replied 1 fell from over the waterfall

A considerable amount of time was spent by Saffer in questioning the Fords and Gillespie about some Lost World brochures and rack cards which in 1994 still had the Rock Shop phone number on them Lost World owner Gary Ford noted that between 1992 and 1995 hundreds of thousands of cards had been printed and distributed Both Gary and Ora Ford explained they sometimes answered the phone for the Rock Shop when Gillespie was gone and when they were out he did the same for them However after

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November 1993 both said they only saw Gillespie in passing

At one point after going over and over the same question from Saffer about the rate cards Ford turned to Judge Charles Lobban and said Your honor do 1 have to answer that question 1 think Ive answered that to which Judge Lobban replied 1 think you have too and asked Saffer to ask something different

Lobban got a laugh from those in the courtroom when after giving instructions to the jury he told them Were beginning to see the light at the end of the cave

Other witness for the plaintiffs were Drs Mary Ellen Rogan of Low Moor and Paul Herr of West Virginia School Clf Osteopathic Medicine Rogan testified to the extent of Hanleys previous and present injuries and Herr said he had been asked by the plaintiffs for his diagnosis and prognosis of the InJunes Herr said his prognosis was Poor

From the Chair

by Ted Andrus

First 1 would lik to thank PSC for the outstanding job on the Fall Meeting of the V AR I heard lots of good comments about the event Second 1 would like to thank Craig Hindman for officiating at the Fall Meeting in my absences A special thanks to our new editors Bob Hoke Pauline Apling and Barry Chute The Winter 96-97 issue of the Region Record was very well done

Spring 1997

1 would ask each of you to review the Regional Calendar and pencil these events into your schedule The restoration project a Grand Caverns has become one of the comer stones of the Regions conservation mission The cleanup trips hosted by the various grotto and organizations within the Region such as the Whitings Neck Cave cleanup by Tri-State and the 3-D Maze cleanup trip by DC Grotto clearly demonstrate the conservation commitment within the Region What is your group doing this year to help conserve our precious resource Lets hear from you at the Spring Meeting

The Spring 1997 VAR will be held April 25 - 27 at the RASS Field Station in Bath County Virginia I have seen the guide book and know the place There are lots of caves to visit within a short driving distance and the promise of plenty of good fun and fellowship The Field Station is nestled in the beautiful Green Valley of Bath County and is centrally located within a stones throw of several of Virginias premier caves The camping areas arc great (t1atest acreag in Bath County) The dinner Saturday night will be catered by the Millboro Ruritans some of them are cavers BBQ chicken with all the fixins You have all seen the flyers and read about the event in the Region Record Now its time to spread the word and plan to attend Its got to be one of the major caving events in 1997 See you there

Nice talking with you again Ted

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Volume X Number 2

PMG Leads Tours of Cudjos Cave Plans

More Projects with

Park

by Andy Messer

The Pine Mountain Grotto conshyducted tours of the commercial section of Lee County Virginias Cudjos Cave in Cumberland Gap National Historical Park on November 2 Ninety people signed up for the tours the first since the caves closed to the public in 1992 Besides pointing out the caves impressive passages and fonnashytions grotto guides focused attenshytion on its story its sensitivity to disturbance and the ongoing work of restoring as much of its fonner glory as possible Doug Hufziger Andy Messer Jimbo Helton Michael Chicken Jackson bob Taylor and Tracy Taylor served as guides for the tours while Jim Williams and Lonnie Wilson provided demonstrations of rappelshyling and climbing inside the cave Chicken also videotaped one of the tours

Several PMG members have worked on survey and cleanup projects in Cudjos over a period of years and the grotto as a whole has worked closely with the park service in recent months removing old railings dismantling a dangerous wooden stairway and removmg accumulated garbage

Plans caJl for the cave to reopen eventuaJly and be shown to the public on lantern-lit tours Ranger Carol Borneman told the Middleshyboro Daily News recently that the interpretative area planned for the gap ever since the park opened in 1955 has not yet been funded but that media attention surrounding the recent opening of the Cumberland Gap Tunnels might help speed appropriations for the project

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which would almost certainly include the cave

The PMGs relationship with the park has been pioneered by PMG member Doug Hufziger Future cooperative projects between the grotto and the park will include the upcoming Fall V AR meeting to be held at the park October 3-5 more tours for the public and an NCRC orientation for area cavers and NPS personnel

Staunton Caverns

by Ted Andrus

I continue to work with the City of Staunton to acquire the caverns for Region As many of you have read or heard the city is proposing to revert to town status within Augusta County I have been concerned that this reversion plan would impact our negotiations for the cave After recent cOiversations with city officials th y have assured me that reversion will in no way impact the work we are planning for the cave

The road project continues near the entrance of the cave It looks nearly complete and although I have not been given an end date we should be ready to begin serious negotiashytion this spring The City is enthusiastic about our plans and their representatives are very positive You may recall that we have proposed to make this cave a classroom to introduce area young people to the sensitive environment and ecosystems of the underground We have a lot of work to do to get there and the first step is to partner with the City and negotiate a management plan Also recall that these talks are sensitive and discussions on this subject should

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Spring 1997

be limited to the VAR representashytives I will be visiting the cave again March 14th with the City representatives and I will give you all an update at the Spring meeting

The V AR Landowner Legal Defense Fund

by Bob Hoke

The Virginia Region has set up a Landowner Legal Defense Fund to provide legal and financial support to any cave owner who is subject to legal action and who appears to be protected by an applicable state cave law The fund will be used to defray any out of pocket expenses that an owner incurs while defendshying himself against legal action resulting from letting cavers into his cave The primary goal of the fund is to give cave owners assurance that they will not be financially hanned if they are sued for allowing non-commercial access to caves on their property

The fund currently has a $1000 balance The initial $500 was donated by the various clubs that worked on the 1995 NSS Convenshytion in Blacksburg The NSS gives the conventions organizing group a $500 stipend and the consensus of the convention workers was to use the money to start the Landowner Legal Defense Fund An additional $500 donation was later made by the D C Grotto This was money that DCG had originally donated to a fund managed by WVACS to support the owner of Norman Cave (who was being sued following the 1994 accident in the cave) The WVACS fund was not used and when DCGs donation was returned the Grotto immediately donated it to the VAR fund

Obviously $1000 is insufficient to defend a landowner who is being

Volume X Number 2

sued However it is enough to defray the initial expenses while a --- call goes out to obtain additional funds from the caving community Judging from the number of donations that WYACS received for their Nonnan Cave fund many clubs and individuals are willing to help defend landowners This is quite understandable because obviously cave owners must have confidence that they will not take a financial risk by granting access to their caves

Although funds are not being actively solicited for the Landowner Legal Defense Fund any donations are very welcome They can be sent to Ted Kayes the V AR Treasurer along with a letter saying that the money is to be used for the Fund

Inner Mountain

Outfitters Relocates

by Bob Hoke

lrmer Mountain Outfitters one of the more popular speleo-vendors has moved from Tidewater to Greenville V A The new location is just off 1-81 about 10 miles south of Staunton (right on the way to the caves for many people) and is in the area where Alex Sproul who operates IMO grew up Alex reports that he eventually hopes to open for retail business as well as continuing his traditional mail order sales Meanwhile visitors are welcome but please call first to let Alex know you are coming (and to get directions)

IMOs new address is Route 1 Box 263 Greenville VA 24440-9727

and the phone number is (540)377-2690 A mailing was sent out to announce the new address but a fair number of flyers were returned as undeliverable Alex assured the Region Records inquiring reporter

The Region Record

that he hopes to not only continue providing quality stuff to the caving community but also to expand his product lines with new items

Recipients of the

VAR Landowner

Recognition Award

by Bob Hoke

The last Region Record contained a list of the recipients of the VAR Landowner Recognition Award Unfortunately when I entered the list I inadvertantly missed Gene Turner owner of Buckeye Creek Cave in Greenbrier County WY

The list below should be the complete and correct list

The V AR Landowner Recognition Award is given to those cave owners who have done an excepshytional job of balancing the protecshytion of their cave with allowing responsible access to their cave by the caving community If you know of a landowner who is deserving of the award write a brief letter explaining why and send it to Don Anderson PO Box 966 Dublin VA 24084

LANDOWNER RECOGNITION AWARD RECIPIENTS

1992 Buddy Penley (Penleys access to Newberrys VA)

1993 Rhoda Paxton (Paxtons Cave VA)

1993 Ruth Propst (SinnettfThom Mountain WV)

1994 George amp Lee Sively (Organ Cave WV)

1994 Robert E Bright (Simmons Mingo Cave WV)

1994 Gene Turner (Buckeye Creek Cave WV)

1995 Charles E Simmons (Porters Cave VA)

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Spring 1997

1995 Mothes Family (Friars Hole Cave System WV)

1995 Jo1m Knutti (Bowden Cave WV)

1995 Pricilla Teter (Mystic Cave WV)

1996 Bill Mildred amp Judy Showalter (Cave Hollow Arbegast Sys WV)

1996 Dr amp Mrs J T Rogers (Norman Cave WV)

Report of the Bylaws

Review Committee

by Bill Bussey 3007 Mt Moriah Rd Durham NC 27707-9023 (919)403-7275

At a prior VAR meeting there was some question on whether the Virginia Region Constitution and Bylaws were current as to what the Region was actually doing I volunteered to look a the Virginia Region Constitution and Bylaws to detennine if it were time for them to be updated to reflect current practice Of course another option would bc to modify our current procedures and practices to reflect what is in the Bylaws In Novemshyber 1995 Evelyn Bradshaw sent me a copy of the Constitution and Bylaws The following are the results of discrepancies found and recommendations for their l1[)date

In the Constitution Article VI Officers lists the following officers Chainnan Vice-Chainnan a Secretary-Treasurer and a Recordshying Secretary Our current slate of officers are Chainnan ViceshyChainnan Secretary and Treasshyurer

Further in the Bylaws Article Il Officcrs Paragraph D it states The Secretary-Treasurer shall conduct correspondence as directed by the

Volume X Number 2

Chainnan and shall be responsible for the finances of the Region

Paragraph E states The Recording Secretary shall be responsible for taking the minutes at the Regional Council meetings and the mainteshynance of Regional records as directed by the Chainnan

It is clear according to the duties that our current Secretary is in fact the Recording Secretary and our Treasurer is in fact the SecretaryshyTreasurer Some of this is holdover from the wording from Roberts Rules of Order However the current nlIms fit bcttcr with the actual duties being perfonned

I suggest that we amend Article VI Officers in the Constitution in the following manner The Regional Officers shall be a Chainnan ViceshyChainnan Treasurer and a Secretary

Article II in the Bylaws Paragraph o and E should be amended 111e Treasurer shall perfonn duties as directed by the Chainnan and shall be responsible for the finances of the Region

The Secretary shall be responsible for taking the minutes at the Region Council meetings and the mainteshynance of Regional Records as directed by the Chainnan

These serve to amend the Constitushytion and Bylaws to reflect what we are doing now

Article I Meetings Paragraph B states AN annual meeting shall be not less than 90 days preceding the annual National Convention Additional meetings may be held as called by the Chainnan

Its been recent practice to hold two meetings per year - one in the Spring and one in the Fall I am not sure what the significance of

The Region Record

meetings not less than 90 days prior to the annual convention is about It may have been to allow time for issues brought up at the Region meetings to make it in writing to conventions I may have something to do with the old setup of Regional representation on the NSS Board of Governors W c regularly hold meetings less than 90 days before NSS Conventions With a June convention we would have to meet in March In any event it seems superfluous today

I recommend that we strike Parashygraph B of Article I of the Bylaws

I recommend we amend Article II Officers Paragraph A as follows A All officers must be regular (instead of voting) members of the NSS

This is to put the paragraph into the current vernacular Regular is the tenn used for those whose membershyship is paid and who have full member voting privileges in the National Speleological Society

Article III Committees needs some work We obviously dont have several of these committees Its time to do away with them in the Bylaws Thats not to say we could not have them again in the future We can add or rename them later or make them ad hoc Or we could keep these committees and form them ancw Ill bet most didnt know these committees existed I recommend that we strike Publicashytions and Survey Cornnlittee Safety and Techniques Committee Public and Caver Relations Committee Budget and Operations Committee We should keep the Conservation Committee as it has been a pennashynent committee for years We should probably add the Landowner Awards Conunittee as it will probably be a pennanent committee We need to keep recognlzmg

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Spring 1997

landowners or we are going to be m serious trouble as cavers

We should probably keep the Patch Committee as an ad hoc committee which would mean it is not a standing committee While we may make patches as each batch is sold out thcre may bc a timc whcn we dont have a patch We also might make a sticker or a mug (for example) instead It can still be considered a committee listed in the Region Record but it would not be listed in the Bylaws

The Paragraph on Existing special committees shall be nlllllllbcrcd as a separate paragraph I recomshymend we strike the sentence Existing special committees shall function as subcommittees of the appropriate standing committees Then keep the remaining sentences as part of the paragraph

Finally Article IV Regional Territories should be amended to the way we operate now I recolllshymend we amend Article IV Parashygraph A and B as follows

A The boundaries of the Region shall be the same as those states of Virginia West Virginia the District of Columbia (strike and the adjoining) Maryland (strike Metropolitan are of Washington DC) North Carolina and the trishycity metropolitan area adjacent to Bristol Virginia

B NSS members and internal organizations located (strike within the neighboring state of North Carolina and who are not affiliated with other Regions) in neighboring states or areas shall be granted all membership privileges in the Virginia Region upon written request and approval of the Reshygional Council

This reflects the way we operate today Regional boundaries should

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Volume X Number 2

be flexible and organizations with an orientation toward caving in a particular Region should belong to the Region Also multiple Regional membership should be allowed for the same reason Since regions only get two votes in the Congress of Grottos regardless of size it should not matter if organizations particushylarly border clubs belong to more than one Region

All else looks current and applicable to the way we currently operate We might need to add some items but this updates the Constitution and Bylaws as they stand currently Our Bylaws state we change the Consti ution and Bylaws by either reporting the changes in the Region Record or by letter at least 30 days before a meeting or by favorable voting on any change at two successive Region meetings

Respectfully Submitted Bill Bussey Bylaws review Committee

Bylaws Changes -An Opposing View

by Craig Hindman VAR Vice Chairman

Having reviewed Bills report from the By-Laws Committee I find Im a firm believer in If its not broke dont fix it

1) We as a group should never try to amend the constitution In doing so we would more than likely have to re-file for nonprofit incorporation and a host of other things

2) As far as the By Laws are concerned the reference to the titles of the different officers T agree that we do not fonnally call the office Secretary-Treasurer We just shorten it to Treasurer Likewise we

The Region Record

refer to the Recording Secretary as the Secretary however the duties as written are exactly what they do Currently the Secretarys duties include maintaining the Regions files If we change the name to Recording Secretary we will have to change our process

After all we have abbreviated the Virginia Area Region to V AR and the Regional Council to the meeting or as agendas have read Spring or Fall Meeting of the Virginia Region of the National Speleological Society Although we generally referred to in its shortened fonn the NSS

3) As far as the statement of not less than 90 days preceding the Board of Governors meeting at the Convention some years we have 2 meetings at least 90 days prior if the Convention falls in August Some years we only have I if the Convention falls in June

Either way we meet this requireshyment and if you look at the timetashyble for VAR to make a submission to the COG or BOG we would have to bring an issue up at the fall meeting since the COG usually calls for issues in January and aims to publish them by March This allows us time to review the issues and instruct our delegates on how to vote on the issues at our spring meeting

4) Reconunendations to change offices to regular member of the NSS In my case I would have to resign because Im a life member The way it is currently written as a voting regular member I could still hold office The only difference between a voting regular member and a regular member is that you must be over 17 to vote in the NSS Do we want officers under 18

5) Committees Let the standing committees stand Most of our ad

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Spring 1997

hoc committees fall under one of the standing committees Nothing says that we have to fill a standing committee but it is established if we need it Besides the editor of the Region Record falls under Publicashytions amp Public and Caver Relations The Landowner Recognition Awards VAR Outstanding Service Award History of the Region the Highlands Conservancy and the Cave Board could be covered by Public and Caver Relations Not to mention all the cavers involved with Island Ford and Bowden Caves

I dont feel its worth making any changes

6) The second part of the parashygraph B covers everything he is trying to strike (neighboring states or areas shall be granted all membership privileges In the Virginia Region upon written request and approval of the Reshygional Council

Like I said If its not broke dont fix it

VAB

BY wsl

Volume X Number 2 The Region Record Spring 1997

Agenda Spring 1997 Meeting

The Virginia Region of the National Speleological Society

I Call to Order

II Delegate Registration

III Distribution of Agenda

IV Call for Independent Cavers

V Officers Reports A Secretary - Carol Tidennan

IMotion to accept Fall 96 minutes

20ther

B Treasurer - Ted Kayes ICurrent financial report

C Vice-Chair - Craig Hindman D Chair - Ted Andrus

VI Committee Reports A Conservation Chair - Andy

Reeder

April 27 1997 1000AM

IReport of activities 2Call for volunteers

B Landowner Recognition Award Chair - Don Andershyson

C Patch Chair - Karen Kastshy

rung

D Landowner Legal Support

Chair - Bob Hoke

E Region Record - Bob Hoke

VII Host Grotto Report shyRichmond Area Speleological Society

VIII Old Business A Bylaws Committee - Bill

Bussey

B Bowden Cave Committee shy

Tina Hall

C History of the Region - Tom Spina

D VAR Outstanding Service Award - Tom Spina

E Host Grotto for Fall 97 -

Pine Mountain Grotto

F Host Grotto for Spring 98 shy

New River Valley Grotto

IX New Business A Host Grotto for Fall 98 B Other

X Grant Requests Should be -

summitted to the chainnan prior to the meeting

XI Announcements

XII Adjournment

Everyone seems to talk about the various state laws that protect caves and cave owners but people have never seen the actual law for their state The following pages contain the full text of the cave laws for Virginia West Virginia and Maryland The laws are all quite similar in content and they are relatively easy to read Numerous other states have similar laws but these three state include most of the Virginia Region

Anyone who is involved in caving or who owns a cave should be familiar with the cave law that applies to them Please feel free distribute the laws to anyone who might benefit from having them

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Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

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Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

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Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

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Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

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Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

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Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

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Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Region

-

Volume X Number 2 The Region Record Spring 1997

The Region Record V AR Officers Chainnan

Vice Chainnan

Secretary

Treasurer

Committees Conservation

Ted Andrus Rt 3 Box 150 Staunton VA 24401 (S40)88S-3119H (540)946-1 167W

Craig Hindman (410)792-0742H

Carol Tiderman ( 410)792-0742H

Ted Kayes (804)272-4310H

Andy Reeder Rt 1 Box 41 Huddleston VA 24104 (S40)297-3711H (804)847-1640W

Landowner Awards Don Anderson PO Box 966 Dublin VA 24084

Record Staff Editors

Distribution

Bob Hoke Pauline Apling Barry Chute

Evelyn Bradshaw (S40)898-9288H

The Region Record is the quarterly publication of the Virginia Region of the National Speleological Society Any articles announcements or other material of general interest to cavers in the Region is welcome Send all material to Bob Hoke (6304 Kaybro St Laurel MD 20707 (301)725-5877 E-mail bobhokc(iilerolscolll) Electronic submissions (Email or disk) are encouraged but any fonn of input is welcome

Non-copyrighted material contained in the Region Record may be reprinted by organizations that are affiliated with tile VAR or the NSS provided that proper credit is given to the Record and tile auUwr The opinions expressed herein are tl10se of tile individual author and do not necessarily reflect tl10se oftl1e editors tile VAR tl1e NSS or tileir internal organizations

The Region Record is printed by members of the DC Grotto and the Potomac Speleological Club

copy 1997 Virginia Region of the NSS

Regional Calendar

Mar 28-30 Grand Caverns Restoration Project

Help restore Grand Caverns south of

Harrisonburg VA Contact Andy Reeder

at (540)297-3711 for infonnation

Apr 12 Cleanup trip in Bowden Cave near

Elkins WV Help Tri-State Grotto clean up this popular and sometimes challenging cave Contact Judy Fisher at (304)258-4974 for infonnation

Apr 25-27 Spring VAR meeting at the RASS field

station in Bath County VA See

infonnation flyer in this issue

Pre-registration is requested

June 7 Cleanup trip in Smokeholc Cave

Pendleton County WV This is a small

but interesting cave that needs a good

cleaning Hosted by DC Grotto and PSc

Contact Pauline Apling for at (703)370-

4257 for infonnation

June 23-271997 NSS Convention in Sullivan MO

Aug 28-Sep I Old Timers Reunion Daily WV

You must be a TRA member to attlnd

Contact Bill Bussey at (919)-403-7275 for infonnation

Oct 3-5 Fall V AR meeting at Cumberland Gap National Historical Park Lec County

V A hosted by Pine Mountain Grotto

More infonnation will be in the next

Region Record

Volume X Number 2

continued from page 1

as she is now unable to walk on uneven ground Under questioning by Thompson she noted that on May 5 1994 she thought shed take the day off from work and go caving with her son and his friends and that it would be fun

Hanley previously lived in New York and studied fine arts She had worked there and in Korea and other places as a free lance photogshyrapher before coming to Pocahontas County with her husband Shannon where they opened The Quietude Stud a Morgan horse breeding farm

During the course of the trial witnesses for the plaintiffs Jerry Kyle and Rick Lambert cave experts and paramedics both indicated Hanley told them she fell through a hole and that someonemiddot had been positioned to keep others from going over the waterfall

However defense witnesses EMT Dawn Perkins who was a first responder and Jerry Cook a parallHdic also 011 th SC ll told the court Hanley was alert and oriented when they talked to her and that when asked how the accident happened she replied 1 fell from over the waterfall

A considerable amount of time was spent by Saffer in questioning the Fords and Gillespie about some Lost World brochures and rack cards which in 1994 still had the Rock Shop phone number on them Lost World owner Gary Ford noted that between 1992 and 1995 hundreds of thousands of cards had been printed and distributed Both Gary and Ora Ford explained they sometimes answered the phone for the Rock Shop when Gillespie was gone and when they were out he did the same for them However after

The Region Record

November 1993 both said they only saw Gillespie in passing

At one point after going over and over the same question from Saffer about the rate cards Ford turned to Judge Charles Lobban and said Your honor do 1 have to answer that question 1 think Ive answered that to which Judge Lobban replied 1 think you have too and asked Saffer to ask something different

Lobban got a laugh from those in the courtroom when after giving instructions to the jury he told them Were beginning to see the light at the end of the cave

Other witness for the plaintiffs were Drs Mary Ellen Rogan of Low Moor and Paul Herr of West Virginia School Clf Osteopathic Medicine Rogan testified to the extent of Hanleys previous and present injuries and Herr said he had been asked by the plaintiffs for his diagnosis and prognosis of the InJunes Herr said his prognosis was Poor

From the Chair

by Ted Andrus

First 1 would lik to thank PSC for the outstanding job on the Fall Meeting of the V AR I heard lots of good comments about the event Second 1 would like to thank Craig Hindman for officiating at the Fall Meeting in my absences A special thanks to our new editors Bob Hoke Pauline Apling and Barry Chute The Winter 96-97 issue of the Region Record was very well done

Spring 1997

1 would ask each of you to review the Regional Calendar and pencil these events into your schedule The restoration project a Grand Caverns has become one of the comer stones of the Regions conservation mission The cleanup trips hosted by the various grotto and organizations within the Region such as the Whitings Neck Cave cleanup by Tri-State and the 3-D Maze cleanup trip by DC Grotto clearly demonstrate the conservation commitment within the Region What is your group doing this year to help conserve our precious resource Lets hear from you at the Spring Meeting

The Spring 1997 VAR will be held April 25 - 27 at the RASS Field Station in Bath County Virginia I have seen the guide book and know the place There are lots of caves to visit within a short driving distance and the promise of plenty of good fun and fellowship The Field Station is nestled in the beautiful Green Valley of Bath County and is centrally located within a stones throw of several of Virginias premier caves The camping areas arc great (t1atest acreag in Bath County) The dinner Saturday night will be catered by the Millboro Ruritans some of them are cavers BBQ chicken with all the fixins You have all seen the flyers and read about the event in the Region Record Now its time to spread the word and plan to attend Its got to be one of the major caving events in 1997 See you there

Nice talking with you again Ted

page 3

Volume X Number 2

PMG Leads Tours of Cudjos Cave Plans

More Projects with

Park

by Andy Messer

The Pine Mountain Grotto conshyducted tours of the commercial section of Lee County Virginias Cudjos Cave in Cumberland Gap National Historical Park on November 2 Ninety people signed up for the tours the first since the caves closed to the public in 1992 Besides pointing out the caves impressive passages and fonnashytions grotto guides focused attenshytion on its story its sensitivity to disturbance and the ongoing work of restoring as much of its fonner glory as possible Doug Hufziger Andy Messer Jimbo Helton Michael Chicken Jackson bob Taylor and Tracy Taylor served as guides for the tours while Jim Williams and Lonnie Wilson provided demonstrations of rappelshyling and climbing inside the cave Chicken also videotaped one of the tours

Several PMG members have worked on survey and cleanup projects in Cudjos over a period of years and the grotto as a whole has worked closely with the park service in recent months removing old railings dismantling a dangerous wooden stairway and removmg accumulated garbage

Plans caJl for the cave to reopen eventuaJly and be shown to the public on lantern-lit tours Ranger Carol Borneman told the Middleshyboro Daily News recently that the interpretative area planned for the gap ever since the park opened in 1955 has not yet been funded but that media attention surrounding the recent opening of the Cumberland Gap Tunnels might help speed appropriations for the project

The Region Record

which would almost certainly include the cave

The PMGs relationship with the park has been pioneered by PMG member Doug Hufziger Future cooperative projects between the grotto and the park will include the upcoming Fall V AR meeting to be held at the park October 3-5 more tours for the public and an NCRC orientation for area cavers and NPS personnel

Staunton Caverns

by Ted Andrus

I continue to work with the City of Staunton to acquire the caverns for Region As many of you have read or heard the city is proposing to revert to town status within Augusta County I have been concerned that this reversion plan would impact our negotiations for the cave After recent cOiversations with city officials th y have assured me that reversion will in no way impact the work we are planning for the cave

The road project continues near the entrance of the cave It looks nearly complete and although I have not been given an end date we should be ready to begin serious negotiashytion this spring The City is enthusiastic about our plans and their representatives are very positive You may recall that we have proposed to make this cave a classroom to introduce area young people to the sensitive environment and ecosystems of the underground We have a lot of work to do to get there and the first step is to partner with the City and negotiate a management plan Also recall that these talks are sensitive and discussions on this subject should

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Spring 1997

be limited to the VAR representashytives I will be visiting the cave again March 14th with the City representatives and I will give you all an update at the Spring meeting

The V AR Landowner Legal Defense Fund

by Bob Hoke

The Virginia Region has set up a Landowner Legal Defense Fund to provide legal and financial support to any cave owner who is subject to legal action and who appears to be protected by an applicable state cave law The fund will be used to defray any out of pocket expenses that an owner incurs while defendshying himself against legal action resulting from letting cavers into his cave The primary goal of the fund is to give cave owners assurance that they will not be financially hanned if they are sued for allowing non-commercial access to caves on their property

The fund currently has a $1000 balance The initial $500 was donated by the various clubs that worked on the 1995 NSS Convenshytion in Blacksburg The NSS gives the conventions organizing group a $500 stipend and the consensus of the convention workers was to use the money to start the Landowner Legal Defense Fund An additional $500 donation was later made by the D C Grotto This was money that DCG had originally donated to a fund managed by WVACS to support the owner of Norman Cave (who was being sued following the 1994 accident in the cave) The WVACS fund was not used and when DCGs donation was returned the Grotto immediately donated it to the VAR fund

Obviously $1000 is insufficient to defend a landowner who is being

Volume X Number 2

sued However it is enough to defray the initial expenses while a --- call goes out to obtain additional funds from the caving community Judging from the number of donations that WYACS received for their Nonnan Cave fund many clubs and individuals are willing to help defend landowners This is quite understandable because obviously cave owners must have confidence that they will not take a financial risk by granting access to their caves

Although funds are not being actively solicited for the Landowner Legal Defense Fund any donations are very welcome They can be sent to Ted Kayes the V AR Treasurer along with a letter saying that the money is to be used for the Fund

Inner Mountain

Outfitters Relocates

by Bob Hoke

lrmer Mountain Outfitters one of the more popular speleo-vendors has moved from Tidewater to Greenville V A The new location is just off 1-81 about 10 miles south of Staunton (right on the way to the caves for many people) and is in the area where Alex Sproul who operates IMO grew up Alex reports that he eventually hopes to open for retail business as well as continuing his traditional mail order sales Meanwhile visitors are welcome but please call first to let Alex know you are coming (and to get directions)

IMOs new address is Route 1 Box 263 Greenville VA 24440-9727

and the phone number is (540)377-2690 A mailing was sent out to announce the new address but a fair number of flyers were returned as undeliverable Alex assured the Region Records inquiring reporter

The Region Record

that he hopes to not only continue providing quality stuff to the caving community but also to expand his product lines with new items

Recipients of the

VAR Landowner

Recognition Award

by Bob Hoke

The last Region Record contained a list of the recipients of the VAR Landowner Recognition Award Unfortunately when I entered the list I inadvertantly missed Gene Turner owner of Buckeye Creek Cave in Greenbrier County WY

The list below should be the complete and correct list

The V AR Landowner Recognition Award is given to those cave owners who have done an excepshytional job of balancing the protecshytion of their cave with allowing responsible access to their cave by the caving community If you know of a landowner who is deserving of the award write a brief letter explaining why and send it to Don Anderson PO Box 966 Dublin VA 24084

LANDOWNER RECOGNITION AWARD RECIPIENTS

1992 Buddy Penley (Penleys access to Newberrys VA)

1993 Rhoda Paxton (Paxtons Cave VA)

1993 Ruth Propst (SinnettfThom Mountain WV)

1994 George amp Lee Sively (Organ Cave WV)

1994 Robert E Bright (Simmons Mingo Cave WV)

1994 Gene Turner (Buckeye Creek Cave WV)

1995 Charles E Simmons (Porters Cave VA)

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Spring 1997

1995 Mothes Family (Friars Hole Cave System WV)

1995 Jo1m Knutti (Bowden Cave WV)

1995 Pricilla Teter (Mystic Cave WV)

1996 Bill Mildred amp Judy Showalter (Cave Hollow Arbegast Sys WV)

1996 Dr amp Mrs J T Rogers (Norman Cave WV)

Report of the Bylaws

Review Committee

by Bill Bussey 3007 Mt Moriah Rd Durham NC 27707-9023 (919)403-7275

At a prior VAR meeting there was some question on whether the Virginia Region Constitution and Bylaws were current as to what the Region was actually doing I volunteered to look a the Virginia Region Constitution and Bylaws to detennine if it were time for them to be updated to reflect current practice Of course another option would bc to modify our current procedures and practices to reflect what is in the Bylaws In Novemshyber 1995 Evelyn Bradshaw sent me a copy of the Constitution and Bylaws The following are the results of discrepancies found and recommendations for their l1[)date

In the Constitution Article VI Officers lists the following officers Chainnan Vice-Chainnan a Secretary-Treasurer and a Recordshying Secretary Our current slate of officers are Chainnan ViceshyChainnan Secretary and Treasshyurer

Further in the Bylaws Article Il Officcrs Paragraph D it states The Secretary-Treasurer shall conduct correspondence as directed by the

Volume X Number 2

Chainnan and shall be responsible for the finances of the Region

Paragraph E states The Recording Secretary shall be responsible for taking the minutes at the Regional Council meetings and the mainteshynance of Regional records as directed by the Chainnan

It is clear according to the duties that our current Secretary is in fact the Recording Secretary and our Treasurer is in fact the SecretaryshyTreasurer Some of this is holdover from the wording from Roberts Rules of Order However the current nlIms fit bcttcr with the actual duties being perfonned

I suggest that we amend Article VI Officers in the Constitution in the following manner The Regional Officers shall be a Chainnan ViceshyChainnan Treasurer and a Secretary

Article II in the Bylaws Paragraph o and E should be amended 111e Treasurer shall perfonn duties as directed by the Chainnan and shall be responsible for the finances of the Region

The Secretary shall be responsible for taking the minutes at the Region Council meetings and the mainteshynance of Regional Records as directed by the Chainnan

These serve to amend the Constitushytion and Bylaws to reflect what we are doing now

Article I Meetings Paragraph B states AN annual meeting shall be not less than 90 days preceding the annual National Convention Additional meetings may be held as called by the Chainnan

Its been recent practice to hold two meetings per year - one in the Spring and one in the Fall I am not sure what the significance of

The Region Record

meetings not less than 90 days prior to the annual convention is about It may have been to allow time for issues brought up at the Region meetings to make it in writing to conventions I may have something to do with the old setup of Regional representation on the NSS Board of Governors W c regularly hold meetings less than 90 days before NSS Conventions With a June convention we would have to meet in March In any event it seems superfluous today

I recommend that we strike Parashygraph B of Article I of the Bylaws

I recommend we amend Article II Officers Paragraph A as follows A All officers must be regular (instead of voting) members of the NSS

This is to put the paragraph into the current vernacular Regular is the tenn used for those whose membershyship is paid and who have full member voting privileges in the National Speleological Society

Article III Committees needs some work We obviously dont have several of these committees Its time to do away with them in the Bylaws Thats not to say we could not have them again in the future We can add or rename them later or make them ad hoc Or we could keep these committees and form them ancw Ill bet most didnt know these committees existed I recommend that we strike Publicashytions and Survey Cornnlittee Safety and Techniques Committee Public and Caver Relations Committee Budget and Operations Committee We should keep the Conservation Committee as it has been a pennashynent committee for years We should probably add the Landowner Awards Conunittee as it will probably be a pennanent committee We need to keep recognlzmg

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Spring 1997

landowners or we are going to be m serious trouble as cavers

We should probably keep the Patch Committee as an ad hoc committee which would mean it is not a standing committee While we may make patches as each batch is sold out thcre may bc a timc whcn we dont have a patch We also might make a sticker or a mug (for example) instead It can still be considered a committee listed in the Region Record but it would not be listed in the Bylaws

The Paragraph on Existing special committees shall be nlllllllbcrcd as a separate paragraph I recomshymend we strike the sentence Existing special committees shall function as subcommittees of the appropriate standing committees Then keep the remaining sentences as part of the paragraph

Finally Article IV Regional Territories should be amended to the way we operate now I recolllshymend we amend Article IV Parashygraph A and B as follows

A The boundaries of the Region shall be the same as those states of Virginia West Virginia the District of Columbia (strike and the adjoining) Maryland (strike Metropolitan are of Washington DC) North Carolina and the trishycity metropolitan area adjacent to Bristol Virginia

B NSS members and internal organizations located (strike within the neighboring state of North Carolina and who are not affiliated with other Regions) in neighboring states or areas shall be granted all membership privileges in the Virginia Region upon written request and approval of the Reshygional Council

This reflects the way we operate today Regional boundaries should

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Volume X Number 2

be flexible and organizations with an orientation toward caving in a particular Region should belong to the Region Also multiple Regional membership should be allowed for the same reason Since regions only get two votes in the Congress of Grottos regardless of size it should not matter if organizations particushylarly border clubs belong to more than one Region

All else looks current and applicable to the way we currently operate We might need to add some items but this updates the Constitution and Bylaws as they stand currently Our Bylaws state we change the Consti ution and Bylaws by either reporting the changes in the Region Record or by letter at least 30 days before a meeting or by favorable voting on any change at two successive Region meetings

Respectfully Submitted Bill Bussey Bylaws review Committee

Bylaws Changes -An Opposing View

by Craig Hindman VAR Vice Chairman

Having reviewed Bills report from the By-Laws Committee I find Im a firm believer in If its not broke dont fix it

1) We as a group should never try to amend the constitution In doing so we would more than likely have to re-file for nonprofit incorporation and a host of other things

2) As far as the By Laws are concerned the reference to the titles of the different officers T agree that we do not fonnally call the office Secretary-Treasurer We just shorten it to Treasurer Likewise we

The Region Record

refer to the Recording Secretary as the Secretary however the duties as written are exactly what they do Currently the Secretarys duties include maintaining the Regions files If we change the name to Recording Secretary we will have to change our process

After all we have abbreviated the Virginia Area Region to V AR and the Regional Council to the meeting or as agendas have read Spring or Fall Meeting of the Virginia Region of the National Speleological Society Although we generally referred to in its shortened fonn the NSS

3) As far as the statement of not less than 90 days preceding the Board of Governors meeting at the Convention some years we have 2 meetings at least 90 days prior if the Convention falls in August Some years we only have I if the Convention falls in June

Either way we meet this requireshyment and if you look at the timetashyble for VAR to make a submission to the COG or BOG we would have to bring an issue up at the fall meeting since the COG usually calls for issues in January and aims to publish them by March This allows us time to review the issues and instruct our delegates on how to vote on the issues at our spring meeting

4) Reconunendations to change offices to regular member of the NSS In my case I would have to resign because Im a life member The way it is currently written as a voting regular member I could still hold office The only difference between a voting regular member and a regular member is that you must be over 17 to vote in the NSS Do we want officers under 18

5) Committees Let the standing committees stand Most of our ad

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Spring 1997

hoc committees fall under one of the standing committees Nothing says that we have to fill a standing committee but it is established if we need it Besides the editor of the Region Record falls under Publicashytions amp Public and Caver Relations The Landowner Recognition Awards VAR Outstanding Service Award History of the Region the Highlands Conservancy and the Cave Board could be covered by Public and Caver Relations Not to mention all the cavers involved with Island Ford and Bowden Caves

I dont feel its worth making any changes

6) The second part of the parashygraph B covers everything he is trying to strike (neighboring states or areas shall be granted all membership privileges In the Virginia Region upon written request and approval of the Reshygional Council

Like I said If its not broke dont fix it

VAB

BY wsl

Volume X Number 2 The Region Record Spring 1997

Agenda Spring 1997 Meeting

The Virginia Region of the National Speleological Society

I Call to Order

II Delegate Registration

III Distribution of Agenda

IV Call for Independent Cavers

V Officers Reports A Secretary - Carol Tidennan

IMotion to accept Fall 96 minutes

20ther

B Treasurer - Ted Kayes ICurrent financial report

C Vice-Chair - Craig Hindman D Chair - Ted Andrus

VI Committee Reports A Conservation Chair - Andy

Reeder

April 27 1997 1000AM

IReport of activities 2Call for volunteers

B Landowner Recognition Award Chair - Don Andershyson

C Patch Chair - Karen Kastshy

rung

D Landowner Legal Support

Chair - Bob Hoke

E Region Record - Bob Hoke

VII Host Grotto Report shyRichmond Area Speleological Society

VIII Old Business A Bylaws Committee - Bill

Bussey

B Bowden Cave Committee shy

Tina Hall

C History of the Region - Tom Spina

D VAR Outstanding Service Award - Tom Spina

E Host Grotto for Fall 97 -

Pine Mountain Grotto

F Host Grotto for Spring 98 shy

New River Valley Grotto

IX New Business A Host Grotto for Fall 98 B Other

X Grant Requests Should be -

summitted to the chainnan prior to the meeting

XI Announcements

XII Adjournment

Everyone seems to talk about the various state laws that protect caves and cave owners but people have never seen the actual law for their state The following pages contain the full text of the cave laws for Virginia West Virginia and Maryland The laws are all quite similar in content and they are relatively easy to read Numerous other states have similar laws but these three state include most of the Virginia Region

Anyone who is involved in caving or who owns a cave should be familiar with the cave law that applies to them Please feel free distribute the laws to anyone who might benefit from having them

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Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

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Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

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Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

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Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

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Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2

continued from page 1

as she is now unable to walk on uneven ground Under questioning by Thompson she noted that on May 5 1994 she thought shed take the day off from work and go caving with her son and his friends and that it would be fun

Hanley previously lived in New York and studied fine arts She had worked there and in Korea and other places as a free lance photogshyrapher before coming to Pocahontas County with her husband Shannon where they opened The Quietude Stud a Morgan horse breeding farm

During the course of the trial witnesses for the plaintiffs Jerry Kyle and Rick Lambert cave experts and paramedics both indicated Hanley told them she fell through a hole and that someonemiddot had been positioned to keep others from going over the waterfall

However defense witnesses EMT Dawn Perkins who was a first responder and Jerry Cook a parallHdic also 011 th SC ll told the court Hanley was alert and oriented when they talked to her and that when asked how the accident happened she replied 1 fell from over the waterfall

A considerable amount of time was spent by Saffer in questioning the Fords and Gillespie about some Lost World brochures and rack cards which in 1994 still had the Rock Shop phone number on them Lost World owner Gary Ford noted that between 1992 and 1995 hundreds of thousands of cards had been printed and distributed Both Gary and Ora Ford explained they sometimes answered the phone for the Rock Shop when Gillespie was gone and when they were out he did the same for them However after

The Region Record

November 1993 both said they only saw Gillespie in passing

At one point after going over and over the same question from Saffer about the rate cards Ford turned to Judge Charles Lobban and said Your honor do 1 have to answer that question 1 think Ive answered that to which Judge Lobban replied 1 think you have too and asked Saffer to ask something different

Lobban got a laugh from those in the courtroom when after giving instructions to the jury he told them Were beginning to see the light at the end of the cave

Other witness for the plaintiffs were Drs Mary Ellen Rogan of Low Moor and Paul Herr of West Virginia School Clf Osteopathic Medicine Rogan testified to the extent of Hanleys previous and present injuries and Herr said he had been asked by the plaintiffs for his diagnosis and prognosis of the InJunes Herr said his prognosis was Poor

From the Chair

by Ted Andrus

First 1 would lik to thank PSC for the outstanding job on the Fall Meeting of the V AR I heard lots of good comments about the event Second 1 would like to thank Craig Hindman for officiating at the Fall Meeting in my absences A special thanks to our new editors Bob Hoke Pauline Apling and Barry Chute The Winter 96-97 issue of the Region Record was very well done

Spring 1997

1 would ask each of you to review the Regional Calendar and pencil these events into your schedule The restoration project a Grand Caverns has become one of the comer stones of the Regions conservation mission The cleanup trips hosted by the various grotto and organizations within the Region such as the Whitings Neck Cave cleanup by Tri-State and the 3-D Maze cleanup trip by DC Grotto clearly demonstrate the conservation commitment within the Region What is your group doing this year to help conserve our precious resource Lets hear from you at the Spring Meeting

The Spring 1997 VAR will be held April 25 - 27 at the RASS Field Station in Bath County Virginia I have seen the guide book and know the place There are lots of caves to visit within a short driving distance and the promise of plenty of good fun and fellowship The Field Station is nestled in the beautiful Green Valley of Bath County and is centrally located within a stones throw of several of Virginias premier caves The camping areas arc great (t1atest acreag in Bath County) The dinner Saturday night will be catered by the Millboro Ruritans some of them are cavers BBQ chicken with all the fixins You have all seen the flyers and read about the event in the Region Record Now its time to spread the word and plan to attend Its got to be one of the major caving events in 1997 See you there

Nice talking with you again Ted

page 3

Volume X Number 2

PMG Leads Tours of Cudjos Cave Plans

More Projects with

Park

by Andy Messer

The Pine Mountain Grotto conshyducted tours of the commercial section of Lee County Virginias Cudjos Cave in Cumberland Gap National Historical Park on November 2 Ninety people signed up for the tours the first since the caves closed to the public in 1992 Besides pointing out the caves impressive passages and fonnashytions grotto guides focused attenshytion on its story its sensitivity to disturbance and the ongoing work of restoring as much of its fonner glory as possible Doug Hufziger Andy Messer Jimbo Helton Michael Chicken Jackson bob Taylor and Tracy Taylor served as guides for the tours while Jim Williams and Lonnie Wilson provided demonstrations of rappelshyling and climbing inside the cave Chicken also videotaped one of the tours

Several PMG members have worked on survey and cleanup projects in Cudjos over a period of years and the grotto as a whole has worked closely with the park service in recent months removing old railings dismantling a dangerous wooden stairway and removmg accumulated garbage

Plans caJl for the cave to reopen eventuaJly and be shown to the public on lantern-lit tours Ranger Carol Borneman told the Middleshyboro Daily News recently that the interpretative area planned for the gap ever since the park opened in 1955 has not yet been funded but that media attention surrounding the recent opening of the Cumberland Gap Tunnels might help speed appropriations for the project

The Region Record

which would almost certainly include the cave

The PMGs relationship with the park has been pioneered by PMG member Doug Hufziger Future cooperative projects between the grotto and the park will include the upcoming Fall V AR meeting to be held at the park October 3-5 more tours for the public and an NCRC orientation for area cavers and NPS personnel

Staunton Caverns

by Ted Andrus

I continue to work with the City of Staunton to acquire the caverns for Region As many of you have read or heard the city is proposing to revert to town status within Augusta County I have been concerned that this reversion plan would impact our negotiations for the cave After recent cOiversations with city officials th y have assured me that reversion will in no way impact the work we are planning for the cave

The road project continues near the entrance of the cave It looks nearly complete and although I have not been given an end date we should be ready to begin serious negotiashytion this spring The City is enthusiastic about our plans and their representatives are very positive You may recall that we have proposed to make this cave a classroom to introduce area young people to the sensitive environment and ecosystems of the underground We have a lot of work to do to get there and the first step is to partner with the City and negotiate a management plan Also recall that these talks are sensitive and discussions on this subject should

page 4

Spring 1997

be limited to the VAR representashytives I will be visiting the cave again March 14th with the City representatives and I will give you all an update at the Spring meeting

The V AR Landowner Legal Defense Fund

by Bob Hoke

The Virginia Region has set up a Landowner Legal Defense Fund to provide legal and financial support to any cave owner who is subject to legal action and who appears to be protected by an applicable state cave law The fund will be used to defray any out of pocket expenses that an owner incurs while defendshying himself against legal action resulting from letting cavers into his cave The primary goal of the fund is to give cave owners assurance that they will not be financially hanned if they are sued for allowing non-commercial access to caves on their property

The fund currently has a $1000 balance The initial $500 was donated by the various clubs that worked on the 1995 NSS Convenshytion in Blacksburg The NSS gives the conventions organizing group a $500 stipend and the consensus of the convention workers was to use the money to start the Landowner Legal Defense Fund An additional $500 donation was later made by the D C Grotto This was money that DCG had originally donated to a fund managed by WVACS to support the owner of Norman Cave (who was being sued following the 1994 accident in the cave) The WVACS fund was not used and when DCGs donation was returned the Grotto immediately donated it to the VAR fund

Obviously $1000 is insufficient to defend a landowner who is being

Volume X Number 2

sued However it is enough to defray the initial expenses while a --- call goes out to obtain additional funds from the caving community Judging from the number of donations that WYACS received for their Nonnan Cave fund many clubs and individuals are willing to help defend landowners This is quite understandable because obviously cave owners must have confidence that they will not take a financial risk by granting access to their caves

Although funds are not being actively solicited for the Landowner Legal Defense Fund any donations are very welcome They can be sent to Ted Kayes the V AR Treasurer along with a letter saying that the money is to be used for the Fund

Inner Mountain

Outfitters Relocates

by Bob Hoke

lrmer Mountain Outfitters one of the more popular speleo-vendors has moved from Tidewater to Greenville V A The new location is just off 1-81 about 10 miles south of Staunton (right on the way to the caves for many people) and is in the area where Alex Sproul who operates IMO grew up Alex reports that he eventually hopes to open for retail business as well as continuing his traditional mail order sales Meanwhile visitors are welcome but please call first to let Alex know you are coming (and to get directions)

IMOs new address is Route 1 Box 263 Greenville VA 24440-9727

and the phone number is (540)377-2690 A mailing was sent out to announce the new address but a fair number of flyers were returned as undeliverable Alex assured the Region Records inquiring reporter

The Region Record

that he hopes to not only continue providing quality stuff to the caving community but also to expand his product lines with new items

Recipients of the

VAR Landowner

Recognition Award

by Bob Hoke

The last Region Record contained a list of the recipients of the VAR Landowner Recognition Award Unfortunately when I entered the list I inadvertantly missed Gene Turner owner of Buckeye Creek Cave in Greenbrier County WY

The list below should be the complete and correct list

The V AR Landowner Recognition Award is given to those cave owners who have done an excepshytional job of balancing the protecshytion of their cave with allowing responsible access to their cave by the caving community If you know of a landowner who is deserving of the award write a brief letter explaining why and send it to Don Anderson PO Box 966 Dublin VA 24084

LANDOWNER RECOGNITION AWARD RECIPIENTS

1992 Buddy Penley (Penleys access to Newberrys VA)

1993 Rhoda Paxton (Paxtons Cave VA)

1993 Ruth Propst (SinnettfThom Mountain WV)

1994 George amp Lee Sively (Organ Cave WV)

1994 Robert E Bright (Simmons Mingo Cave WV)

1994 Gene Turner (Buckeye Creek Cave WV)

1995 Charles E Simmons (Porters Cave VA)

page 5

Spring 1997

1995 Mothes Family (Friars Hole Cave System WV)

1995 Jo1m Knutti (Bowden Cave WV)

1995 Pricilla Teter (Mystic Cave WV)

1996 Bill Mildred amp Judy Showalter (Cave Hollow Arbegast Sys WV)

1996 Dr amp Mrs J T Rogers (Norman Cave WV)

Report of the Bylaws

Review Committee

by Bill Bussey 3007 Mt Moriah Rd Durham NC 27707-9023 (919)403-7275

At a prior VAR meeting there was some question on whether the Virginia Region Constitution and Bylaws were current as to what the Region was actually doing I volunteered to look a the Virginia Region Constitution and Bylaws to detennine if it were time for them to be updated to reflect current practice Of course another option would bc to modify our current procedures and practices to reflect what is in the Bylaws In Novemshyber 1995 Evelyn Bradshaw sent me a copy of the Constitution and Bylaws The following are the results of discrepancies found and recommendations for their l1[)date

In the Constitution Article VI Officers lists the following officers Chainnan Vice-Chainnan a Secretary-Treasurer and a Recordshying Secretary Our current slate of officers are Chainnan ViceshyChainnan Secretary and Treasshyurer

Further in the Bylaws Article Il Officcrs Paragraph D it states The Secretary-Treasurer shall conduct correspondence as directed by the

Volume X Number 2

Chainnan and shall be responsible for the finances of the Region

Paragraph E states The Recording Secretary shall be responsible for taking the minutes at the Regional Council meetings and the mainteshynance of Regional records as directed by the Chainnan

It is clear according to the duties that our current Secretary is in fact the Recording Secretary and our Treasurer is in fact the SecretaryshyTreasurer Some of this is holdover from the wording from Roberts Rules of Order However the current nlIms fit bcttcr with the actual duties being perfonned

I suggest that we amend Article VI Officers in the Constitution in the following manner The Regional Officers shall be a Chainnan ViceshyChainnan Treasurer and a Secretary

Article II in the Bylaws Paragraph o and E should be amended 111e Treasurer shall perfonn duties as directed by the Chainnan and shall be responsible for the finances of the Region

The Secretary shall be responsible for taking the minutes at the Region Council meetings and the mainteshynance of Regional Records as directed by the Chainnan

These serve to amend the Constitushytion and Bylaws to reflect what we are doing now

Article I Meetings Paragraph B states AN annual meeting shall be not less than 90 days preceding the annual National Convention Additional meetings may be held as called by the Chainnan

Its been recent practice to hold two meetings per year - one in the Spring and one in the Fall I am not sure what the significance of

The Region Record

meetings not less than 90 days prior to the annual convention is about It may have been to allow time for issues brought up at the Region meetings to make it in writing to conventions I may have something to do with the old setup of Regional representation on the NSS Board of Governors W c regularly hold meetings less than 90 days before NSS Conventions With a June convention we would have to meet in March In any event it seems superfluous today

I recommend that we strike Parashygraph B of Article I of the Bylaws

I recommend we amend Article II Officers Paragraph A as follows A All officers must be regular (instead of voting) members of the NSS

This is to put the paragraph into the current vernacular Regular is the tenn used for those whose membershyship is paid and who have full member voting privileges in the National Speleological Society

Article III Committees needs some work We obviously dont have several of these committees Its time to do away with them in the Bylaws Thats not to say we could not have them again in the future We can add or rename them later or make them ad hoc Or we could keep these committees and form them ancw Ill bet most didnt know these committees existed I recommend that we strike Publicashytions and Survey Cornnlittee Safety and Techniques Committee Public and Caver Relations Committee Budget and Operations Committee We should keep the Conservation Committee as it has been a pennashynent committee for years We should probably add the Landowner Awards Conunittee as it will probably be a pennanent committee We need to keep recognlzmg

page 6

Spring 1997

landowners or we are going to be m serious trouble as cavers

We should probably keep the Patch Committee as an ad hoc committee which would mean it is not a standing committee While we may make patches as each batch is sold out thcre may bc a timc whcn we dont have a patch We also might make a sticker or a mug (for example) instead It can still be considered a committee listed in the Region Record but it would not be listed in the Bylaws

The Paragraph on Existing special committees shall be nlllllllbcrcd as a separate paragraph I recomshymend we strike the sentence Existing special committees shall function as subcommittees of the appropriate standing committees Then keep the remaining sentences as part of the paragraph

Finally Article IV Regional Territories should be amended to the way we operate now I recolllshymend we amend Article IV Parashygraph A and B as follows

A The boundaries of the Region shall be the same as those states of Virginia West Virginia the District of Columbia (strike and the adjoining) Maryland (strike Metropolitan are of Washington DC) North Carolina and the trishycity metropolitan area adjacent to Bristol Virginia

B NSS members and internal organizations located (strike within the neighboring state of North Carolina and who are not affiliated with other Regions) in neighboring states or areas shall be granted all membership privileges in the Virginia Region upon written request and approval of the Reshygional Council

This reflects the way we operate today Regional boundaries should

-

__ --II

Volume X Number 2

be flexible and organizations with an orientation toward caving in a particular Region should belong to the Region Also multiple Regional membership should be allowed for the same reason Since regions only get two votes in the Congress of Grottos regardless of size it should not matter if organizations particushylarly border clubs belong to more than one Region

All else looks current and applicable to the way we currently operate We might need to add some items but this updates the Constitution and Bylaws as they stand currently Our Bylaws state we change the Consti ution and Bylaws by either reporting the changes in the Region Record or by letter at least 30 days before a meeting or by favorable voting on any change at two successive Region meetings

Respectfully Submitted Bill Bussey Bylaws review Committee

Bylaws Changes -An Opposing View

by Craig Hindman VAR Vice Chairman

Having reviewed Bills report from the By-Laws Committee I find Im a firm believer in If its not broke dont fix it

1) We as a group should never try to amend the constitution In doing so we would more than likely have to re-file for nonprofit incorporation and a host of other things

2) As far as the By Laws are concerned the reference to the titles of the different officers T agree that we do not fonnally call the office Secretary-Treasurer We just shorten it to Treasurer Likewise we

The Region Record

refer to the Recording Secretary as the Secretary however the duties as written are exactly what they do Currently the Secretarys duties include maintaining the Regions files If we change the name to Recording Secretary we will have to change our process

After all we have abbreviated the Virginia Area Region to V AR and the Regional Council to the meeting or as agendas have read Spring or Fall Meeting of the Virginia Region of the National Speleological Society Although we generally referred to in its shortened fonn the NSS

3) As far as the statement of not less than 90 days preceding the Board of Governors meeting at the Convention some years we have 2 meetings at least 90 days prior if the Convention falls in August Some years we only have I if the Convention falls in June

Either way we meet this requireshyment and if you look at the timetashyble for VAR to make a submission to the COG or BOG we would have to bring an issue up at the fall meeting since the COG usually calls for issues in January and aims to publish them by March This allows us time to review the issues and instruct our delegates on how to vote on the issues at our spring meeting

4) Reconunendations to change offices to regular member of the NSS In my case I would have to resign because Im a life member The way it is currently written as a voting regular member I could still hold office The only difference between a voting regular member and a regular member is that you must be over 17 to vote in the NSS Do we want officers under 18

5) Committees Let the standing committees stand Most of our ad

page 7

Spring 1997

hoc committees fall under one of the standing committees Nothing says that we have to fill a standing committee but it is established if we need it Besides the editor of the Region Record falls under Publicashytions amp Public and Caver Relations The Landowner Recognition Awards VAR Outstanding Service Award History of the Region the Highlands Conservancy and the Cave Board could be covered by Public and Caver Relations Not to mention all the cavers involved with Island Ford and Bowden Caves

I dont feel its worth making any changes

6) The second part of the parashygraph B covers everything he is trying to strike (neighboring states or areas shall be granted all membership privileges In the Virginia Region upon written request and approval of the Reshygional Council

Like I said If its not broke dont fix it

VAB

BY wsl

Volume X Number 2 The Region Record Spring 1997

Agenda Spring 1997 Meeting

The Virginia Region of the National Speleological Society

I Call to Order

II Delegate Registration

III Distribution of Agenda

IV Call for Independent Cavers

V Officers Reports A Secretary - Carol Tidennan

IMotion to accept Fall 96 minutes

20ther

B Treasurer - Ted Kayes ICurrent financial report

C Vice-Chair - Craig Hindman D Chair - Ted Andrus

VI Committee Reports A Conservation Chair - Andy

Reeder

April 27 1997 1000AM

IReport of activities 2Call for volunteers

B Landowner Recognition Award Chair - Don Andershyson

C Patch Chair - Karen Kastshy

rung

D Landowner Legal Support

Chair - Bob Hoke

E Region Record - Bob Hoke

VII Host Grotto Report shyRichmond Area Speleological Society

VIII Old Business A Bylaws Committee - Bill

Bussey

B Bowden Cave Committee shy

Tina Hall

C History of the Region - Tom Spina

D VAR Outstanding Service Award - Tom Spina

E Host Grotto for Fall 97 -

Pine Mountain Grotto

F Host Grotto for Spring 98 shy

New River Valley Grotto

IX New Business A Host Grotto for Fall 98 B Other

X Grant Requests Should be -

summitted to the chainnan prior to the meeting

XI Announcements

XII Adjournment

Everyone seems to talk about the various state laws that protect caves and cave owners but people have never seen the actual law for their state The following pages contain the full text of the cave laws for Virginia West Virginia and Maryland The laws are all quite similar in content and they are relatively easy to read Numerous other states have similar laws but these three state include most of the Virginia Region

Anyone who is involved in caving or who owns a cave should be familiar with the cave law that applies to them Please feel free distribute the laws to anyone who might benefit from having them

page 8

---

Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

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Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

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Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

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Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

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Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

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Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

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Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2

PMG Leads Tours of Cudjos Cave Plans

More Projects with

Park

by Andy Messer

The Pine Mountain Grotto conshyducted tours of the commercial section of Lee County Virginias Cudjos Cave in Cumberland Gap National Historical Park on November 2 Ninety people signed up for the tours the first since the caves closed to the public in 1992 Besides pointing out the caves impressive passages and fonnashytions grotto guides focused attenshytion on its story its sensitivity to disturbance and the ongoing work of restoring as much of its fonner glory as possible Doug Hufziger Andy Messer Jimbo Helton Michael Chicken Jackson bob Taylor and Tracy Taylor served as guides for the tours while Jim Williams and Lonnie Wilson provided demonstrations of rappelshyling and climbing inside the cave Chicken also videotaped one of the tours

Several PMG members have worked on survey and cleanup projects in Cudjos over a period of years and the grotto as a whole has worked closely with the park service in recent months removing old railings dismantling a dangerous wooden stairway and removmg accumulated garbage

Plans caJl for the cave to reopen eventuaJly and be shown to the public on lantern-lit tours Ranger Carol Borneman told the Middleshyboro Daily News recently that the interpretative area planned for the gap ever since the park opened in 1955 has not yet been funded but that media attention surrounding the recent opening of the Cumberland Gap Tunnels might help speed appropriations for the project

The Region Record

which would almost certainly include the cave

The PMGs relationship with the park has been pioneered by PMG member Doug Hufziger Future cooperative projects between the grotto and the park will include the upcoming Fall V AR meeting to be held at the park October 3-5 more tours for the public and an NCRC orientation for area cavers and NPS personnel

Staunton Caverns

by Ted Andrus

I continue to work with the City of Staunton to acquire the caverns for Region As many of you have read or heard the city is proposing to revert to town status within Augusta County I have been concerned that this reversion plan would impact our negotiations for the cave After recent cOiversations with city officials th y have assured me that reversion will in no way impact the work we are planning for the cave

The road project continues near the entrance of the cave It looks nearly complete and although I have not been given an end date we should be ready to begin serious negotiashytion this spring The City is enthusiastic about our plans and their representatives are very positive You may recall that we have proposed to make this cave a classroom to introduce area young people to the sensitive environment and ecosystems of the underground We have a lot of work to do to get there and the first step is to partner with the City and negotiate a management plan Also recall that these talks are sensitive and discussions on this subject should

page 4

Spring 1997

be limited to the VAR representashytives I will be visiting the cave again March 14th with the City representatives and I will give you all an update at the Spring meeting

The V AR Landowner Legal Defense Fund

by Bob Hoke

The Virginia Region has set up a Landowner Legal Defense Fund to provide legal and financial support to any cave owner who is subject to legal action and who appears to be protected by an applicable state cave law The fund will be used to defray any out of pocket expenses that an owner incurs while defendshying himself against legal action resulting from letting cavers into his cave The primary goal of the fund is to give cave owners assurance that they will not be financially hanned if they are sued for allowing non-commercial access to caves on their property

The fund currently has a $1000 balance The initial $500 was donated by the various clubs that worked on the 1995 NSS Convenshytion in Blacksburg The NSS gives the conventions organizing group a $500 stipend and the consensus of the convention workers was to use the money to start the Landowner Legal Defense Fund An additional $500 donation was later made by the D C Grotto This was money that DCG had originally donated to a fund managed by WVACS to support the owner of Norman Cave (who was being sued following the 1994 accident in the cave) The WVACS fund was not used and when DCGs donation was returned the Grotto immediately donated it to the VAR fund

Obviously $1000 is insufficient to defend a landowner who is being

Volume X Number 2

sued However it is enough to defray the initial expenses while a --- call goes out to obtain additional funds from the caving community Judging from the number of donations that WYACS received for their Nonnan Cave fund many clubs and individuals are willing to help defend landowners This is quite understandable because obviously cave owners must have confidence that they will not take a financial risk by granting access to their caves

Although funds are not being actively solicited for the Landowner Legal Defense Fund any donations are very welcome They can be sent to Ted Kayes the V AR Treasurer along with a letter saying that the money is to be used for the Fund

Inner Mountain

Outfitters Relocates

by Bob Hoke

lrmer Mountain Outfitters one of the more popular speleo-vendors has moved from Tidewater to Greenville V A The new location is just off 1-81 about 10 miles south of Staunton (right on the way to the caves for many people) and is in the area where Alex Sproul who operates IMO grew up Alex reports that he eventually hopes to open for retail business as well as continuing his traditional mail order sales Meanwhile visitors are welcome but please call first to let Alex know you are coming (and to get directions)

IMOs new address is Route 1 Box 263 Greenville VA 24440-9727

and the phone number is (540)377-2690 A mailing was sent out to announce the new address but a fair number of flyers were returned as undeliverable Alex assured the Region Records inquiring reporter

The Region Record

that he hopes to not only continue providing quality stuff to the caving community but also to expand his product lines with new items

Recipients of the

VAR Landowner

Recognition Award

by Bob Hoke

The last Region Record contained a list of the recipients of the VAR Landowner Recognition Award Unfortunately when I entered the list I inadvertantly missed Gene Turner owner of Buckeye Creek Cave in Greenbrier County WY

The list below should be the complete and correct list

The V AR Landowner Recognition Award is given to those cave owners who have done an excepshytional job of balancing the protecshytion of their cave with allowing responsible access to their cave by the caving community If you know of a landowner who is deserving of the award write a brief letter explaining why and send it to Don Anderson PO Box 966 Dublin VA 24084

LANDOWNER RECOGNITION AWARD RECIPIENTS

1992 Buddy Penley (Penleys access to Newberrys VA)

1993 Rhoda Paxton (Paxtons Cave VA)

1993 Ruth Propst (SinnettfThom Mountain WV)

1994 George amp Lee Sively (Organ Cave WV)

1994 Robert E Bright (Simmons Mingo Cave WV)

1994 Gene Turner (Buckeye Creek Cave WV)

1995 Charles E Simmons (Porters Cave VA)

page 5

Spring 1997

1995 Mothes Family (Friars Hole Cave System WV)

1995 Jo1m Knutti (Bowden Cave WV)

1995 Pricilla Teter (Mystic Cave WV)

1996 Bill Mildred amp Judy Showalter (Cave Hollow Arbegast Sys WV)

1996 Dr amp Mrs J T Rogers (Norman Cave WV)

Report of the Bylaws

Review Committee

by Bill Bussey 3007 Mt Moriah Rd Durham NC 27707-9023 (919)403-7275

At a prior VAR meeting there was some question on whether the Virginia Region Constitution and Bylaws were current as to what the Region was actually doing I volunteered to look a the Virginia Region Constitution and Bylaws to detennine if it were time for them to be updated to reflect current practice Of course another option would bc to modify our current procedures and practices to reflect what is in the Bylaws In Novemshyber 1995 Evelyn Bradshaw sent me a copy of the Constitution and Bylaws The following are the results of discrepancies found and recommendations for their l1[)date

In the Constitution Article VI Officers lists the following officers Chainnan Vice-Chainnan a Secretary-Treasurer and a Recordshying Secretary Our current slate of officers are Chainnan ViceshyChainnan Secretary and Treasshyurer

Further in the Bylaws Article Il Officcrs Paragraph D it states The Secretary-Treasurer shall conduct correspondence as directed by the

Volume X Number 2

Chainnan and shall be responsible for the finances of the Region

Paragraph E states The Recording Secretary shall be responsible for taking the minutes at the Regional Council meetings and the mainteshynance of Regional records as directed by the Chainnan

It is clear according to the duties that our current Secretary is in fact the Recording Secretary and our Treasurer is in fact the SecretaryshyTreasurer Some of this is holdover from the wording from Roberts Rules of Order However the current nlIms fit bcttcr with the actual duties being perfonned

I suggest that we amend Article VI Officers in the Constitution in the following manner The Regional Officers shall be a Chainnan ViceshyChainnan Treasurer and a Secretary

Article II in the Bylaws Paragraph o and E should be amended 111e Treasurer shall perfonn duties as directed by the Chainnan and shall be responsible for the finances of the Region

The Secretary shall be responsible for taking the minutes at the Region Council meetings and the mainteshynance of Regional Records as directed by the Chainnan

These serve to amend the Constitushytion and Bylaws to reflect what we are doing now

Article I Meetings Paragraph B states AN annual meeting shall be not less than 90 days preceding the annual National Convention Additional meetings may be held as called by the Chainnan

Its been recent practice to hold two meetings per year - one in the Spring and one in the Fall I am not sure what the significance of

The Region Record

meetings not less than 90 days prior to the annual convention is about It may have been to allow time for issues brought up at the Region meetings to make it in writing to conventions I may have something to do with the old setup of Regional representation on the NSS Board of Governors W c regularly hold meetings less than 90 days before NSS Conventions With a June convention we would have to meet in March In any event it seems superfluous today

I recommend that we strike Parashygraph B of Article I of the Bylaws

I recommend we amend Article II Officers Paragraph A as follows A All officers must be regular (instead of voting) members of the NSS

This is to put the paragraph into the current vernacular Regular is the tenn used for those whose membershyship is paid and who have full member voting privileges in the National Speleological Society

Article III Committees needs some work We obviously dont have several of these committees Its time to do away with them in the Bylaws Thats not to say we could not have them again in the future We can add or rename them later or make them ad hoc Or we could keep these committees and form them ancw Ill bet most didnt know these committees existed I recommend that we strike Publicashytions and Survey Cornnlittee Safety and Techniques Committee Public and Caver Relations Committee Budget and Operations Committee We should keep the Conservation Committee as it has been a pennashynent committee for years We should probably add the Landowner Awards Conunittee as it will probably be a pennanent committee We need to keep recognlzmg

page 6

Spring 1997

landowners or we are going to be m serious trouble as cavers

We should probably keep the Patch Committee as an ad hoc committee which would mean it is not a standing committee While we may make patches as each batch is sold out thcre may bc a timc whcn we dont have a patch We also might make a sticker or a mug (for example) instead It can still be considered a committee listed in the Region Record but it would not be listed in the Bylaws

The Paragraph on Existing special committees shall be nlllllllbcrcd as a separate paragraph I recomshymend we strike the sentence Existing special committees shall function as subcommittees of the appropriate standing committees Then keep the remaining sentences as part of the paragraph

Finally Article IV Regional Territories should be amended to the way we operate now I recolllshymend we amend Article IV Parashygraph A and B as follows

A The boundaries of the Region shall be the same as those states of Virginia West Virginia the District of Columbia (strike and the adjoining) Maryland (strike Metropolitan are of Washington DC) North Carolina and the trishycity metropolitan area adjacent to Bristol Virginia

B NSS members and internal organizations located (strike within the neighboring state of North Carolina and who are not affiliated with other Regions) in neighboring states or areas shall be granted all membership privileges in the Virginia Region upon written request and approval of the Reshygional Council

This reflects the way we operate today Regional boundaries should

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Volume X Number 2

be flexible and organizations with an orientation toward caving in a particular Region should belong to the Region Also multiple Regional membership should be allowed for the same reason Since regions only get two votes in the Congress of Grottos regardless of size it should not matter if organizations particushylarly border clubs belong to more than one Region

All else looks current and applicable to the way we currently operate We might need to add some items but this updates the Constitution and Bylaws as they stand currently Our Bylaws state we change the Consti ution and Bylaws by either reporting the changes in the Region Record or by letter at least 30 days before a meeting or by favorable voting on any change at two successive Region meetings

Respectfully Submitted Bill Bussey Bylaws review Committee

Bylaws Changes -An Opposing View

by Craig Hindman VAR Vice Chairman

Having reviewed Bills report from the By-Laws Committee I find Im a firm believer in If its not broke dont fix it

1) We as a group should never try to amend the constitution In doing so we would more than likely have to re-file for nonprofit incorporation and a host of other things

2) As far as the By Laws are concerned the reference to the titles of the different officers T agree that we do not fonnally call the office Secretary-Treasurer We just shorten it to Treasurer Likewise we

The Region Record

refer to the Recording Secretary as the Secretary however the duties as written are exactly what they do Currently the Secretarys duties include maintaining the Regions files If we change the name to Recording Secretary we will have to change our process

After all we have abbreviated the Virginia Area Region to V AR and the Regional Council to the meeting or as agendas have read Spring or Fall Meeting of the Virginia Region of the National Speleological Society Although we generally referred to in its shortened fonn the NSS

3) As far as the statement of not less than 90 days preceding the Board of Governors meeting at the Convention some years we have 2 meetings at least 90 days prior if the Convention falls in August Some years we only have I if the Convention falls in June

Either way we meet this requireshyment and if you look at the timetashyble for VAR to make a submission to the COG or BOG we would have to bring an issue up at the fall meeting since the COG usually calls for issues in January and aims to publish them by March This allows us time to review the issues and instruct our delegates on how to vote on the issues at our spring meeting

4) Reconunendations to change offices to regular member of the NSS In my case I would have to resign because Im a life member The way it is currently written as a voting regular member I could still hold office The only difference between a voting regular member and a regular member is that you must be over 17 to vote in the NSS Do we want officers under 18

5) Committees Let the standing committees stand Most of our ad

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Spring 1997

hoc committees fall under one of the standing committees Nothing says that we have to fill a standing committee but it is established if we need it Besides the editor of the Region Record falls under Publicashytions amp Public and Caver Relations The Landowner Recognition Awards VAR Outstanding Service Award History of the Region the Highlands Conservancy and the Cave Board could be covered by Public and Caver Relations Not to mention all the cavers involved with Island Ford and Bowden Caves

I dont feel its worth making any changes

6) The second part of the parashygraph B covers everything he is trying to strike (neighboring states or areas shall be granted all membership privileges In the Virginia Region upon written request and approval of the Reshygional Council

Like I said If its not broke dont fix it

VAB

BY wsl

Volume X Number 2 The Region Record Spring 1997

Agenda Spring 1997 Meeting

The Virginia Region of the National Speleological Society

I Call to Order

II Delegate Registration

III Distribution of Agenda

IV Call for Independent Cavers

V Officers Reports A Secretary - Carol Tidennan

IMotion to accept Fall 96 minutes

20ther

B Treasurer - Ted Kayes ICurrent financial report

C Vice-Chair - Craig Hindman D Chair - Ted Andrus

VI Committee Reports A Conservation Chair - Andy

Reeder

April 27 1997 1000AM

IReport of activities 2Call for volunteers

B Landowner Recognition Award Chair - Don Andershyson

C Patch Chair - Karen Kastshy

rung

D Landowner Legal Support

Chair - Bob Hoke

E Region Record - Bob Hoke

VII Host Grotto Report shyRichmond Area Speleological Society

VIII Old Business A Bylaws Committee - Bill

Bussey

B Bowden Cave Committee shy

Tina Hall

C History of the Region - Tom Spina

D VAR Outstanding Service Award - Tom Spina

E Host Grotto for Fall 97 -

Pine Mountain Grotto

F Host Grotto for Spring 98 shy

New River Valley Grotto

IX New Business A Host Grotto for Fall 98 B Other

X Grant Requests Should be -

summitted to the chainnan prior to the meeting

XI Announcements

XII Adjournment

Everyone seems to talk about the various state laws that protect caves and cave owners but people have never seen the actual law for their state The following pages contain the full text of the cave laws for Virginia West Virginia and Maryland The laws are all quite similar in content and they are relatively easy to read Numerous other states have similar laws but these three state include most of the Virginia Region

Anyone who is involved in caving or who owns a cave should be familiar with the cave law that applies to them Please feel free distribute the laws to anyone who might benefit from having them

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Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

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Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

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Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

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Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

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Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

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Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

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Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

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______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2

sued However it is enough to defray the initial expenses while a --- call goes out to obtain additional funds from the caving community Judging from the number of donations that WYACS received for their Nonnan Cave fund many clubs and individuals are willing to help defend landowners This is quite understandable because obviously cave owners must have confidence that they will not take a financial risk by granting access to their caves

Although funds are not being actively solicited for the Landowner Legal Defense Fund any donations are very welcome They can be sent to Ted Kayes the V AR Treasurer along with a letter saying that the money is to be used for the Fund

Inner Mountain

Outfitters Relocates

by Bob Hoke

lrmer Mountain Outfitters one of the more popular speleo-vendors has moved from Tidewater to Greenville V A The new location is just off 1-81 about 10 miles south of Staunton (right on the way to the caves for many people) and is in the area where Alex Sproul who operates IMO grew up Alex reports that he eventually hopes to open for retail business as well as continuing his traditional mail order sales Meanwhile visitors are welcome but please call first to let Alex know you are coming (and to get directions)

IMOs new address is Route 1 Box 263 Greenville VA 24440-9727

and the phone number is (540)377-2690 A mailing was sent out to announce the new address but a fair number of flyers were returned as undeliverable Alex assured the Region Records inquiring reporter

The Region Record

that he hopes to not only continue providing quality stuff to the caving community but also to expand his product lines with new items

Recipients of the

VAR Landowner

Recognition Award

by Bob Hoke

The last Region Record contained a list of the recipients of the VAR Landowner Recognition Award Unfortunately when I entered the list I inadvertantly missed Gene Turner owner of Buckeye Creek Cave in Greenbrier County WY

The list below should be the complete and correct list

The V AR Landowner Recognition Award is given to those cave owners who have done an excepshytional job of balancing the protecshytion of their cave with allowing responsible access to their cave by the caving community If you know of a landowner who is deserving of the award write a brief letter explaining why and send it to Don Anderson PO Box 966 Dublin VA 24084

LANDOWNER RECOGNITION AWARD RECIPIENTS

1992 Buddy Penley (Penleys access to Newberrys VA)

1993 Rhoda Paxton (Paxtons Cave VA)

1993 Ruth Propst (SinnettfThom Mountain WV)

1994 George amp Lee Sively (Organ Cave WV)

1994 Robert E Bright (Simmons Mingo Cave WV)

1994 Gene Turner (Buckeye Creek Cave WV)

1995 Charles E Simmons (Porters Cave VA)

page 5

Spring 1997

1995 Mothes Family (Friars Hole Cave System WV)

1995 Jo1m Knutti (Bowden Cave WV)

1995 Pricilla Teter (Mystic Cave WV)

1996 Bill Mildred amp Judy Showalter (Cave Hollow Arbegast Sys WV)

1996 Dr amp Mrs J T Rogers (Norman Cave WV)

Report of the Bylaws

Review Committee

by Bill Bussey 3007 Mt Moriah Rd Durham NC 27707-9023 (919)403-7275

At a prior VAR meeting there was some question on whether the Virginia Region Constitution and Bylaws were current as to what the Region was actually doing I volunteered to look a the Virginia Region Constitution and Bylaws to detennine if it were time for them to be updated to reflect current practice Of course another option would bc to modify our current procedures and practices to reflect what is in the Bylaws In Novemshyber 1995 Evelyn Bradshaw sent me a copy of the Constitution and Bylaws The following are the results of discrepancies found and recommendations for their l1[)date

In the Constitution Article VI Officers lists the following officers Chainnan Vice-Chainnan a Secretary-Treasurer and a Recordshying Secretary Our current slate of officers are Chainnan ViceshyChainnan Secretary and Treasshyurer

Further in the Bylaws Article Il Officcrs Paragraph D it states The Secretary-Treasurer shall conduct correspondence as directed by the

Volume X Number 2

Chainnan and shall be responsible for the finances of the Region

Paragraph E states The Recording Secretary shall be responsible for taking the minutes at the Regional Council meetings and the mainteshynance of Regional records as directed by the Chainnan

It is clear according to the duties that our current Secretary is in fact the Recording Secretary and our Treasurer is in fact the SecretaryshyTreasurer Some of this is holdover from the wording from Roberts Rules of Order However the current nlIms fit bcttcr with the actual duties being perfonned

I suggest that we amend Article VI Officers in the Constitution in the following manner The Regional Officers shall be a Chainnan ViceshyChainnan Treasurer and a Secretary

Article II in the Bylaws Paragraph o and E should be amended 111e Treasurer shall perfonn duties as directed by the Chainnan and shall be responsible for the finances of the Region

The Secretary shall be responsible for taking the minutes at the Region Council meetings and the mainteshynance of Regional Records as directed by the Chainnan

These serve to amend the Constitushytion and Bylaws to reflect what we are doing now

Article I Meetings Paragraph B states AN annual meeting shall be not less than 90 days preceding the annual National Convention Additional meetings may be held as called by the Chainnan

Its been recent practice to hold two meetings per year - one in the Spring and one in the Fall I am not sure what the significance of

The Region Record

meetings not less than 90 days prior to the annual convention is about It may have been to allow time for issues brought up at the Region meetings to make it in writing to conventions I may have something to do with the old setup of Regional representation on the NSS Board of Governors W c regularly hold meetings less than 90 days before NSS Conventions With a June convention we would have to meet in March In any event it seems superfluous today

I recommend that we strike Parashygraph B of Article I of the Bylaws

I recommend we amend Article II Officers Paragraph A as follows A All officers must be regular (instead of voting) members of the NSS

This is to put the paragraph into the current vernacular Regular is the tenn used for those whose membershyship is paid and who have full member voting privileges in the National Speleological Society

Article III Committees needs some work We obviously dont have several of these committees Its time to do away with them in the Bylaws Thats not to say we could not have them again in the future We can add or rename them later or make them ad hoc Or we could keep these committees and form them ancw Ill bet most didnt know these committees existed I recommend that we strike Publicashytions and Survey Cornnlittee Safety and Techniques Committee Public and Caver Relations Committee Budget and Operations Committee We should keep the Conservation Committee as it has been a pennashynent committee for years We should probably add the Landowner Awards Conunittee as it will probably be a pennanent committee We need to keep recognlzmg

page 6

Spring 1997

landowners or we are going to be m serious trouble as cavers

We should probably keep the Patch Committee as an ad hoc committee which would mean it is not a standing committee While we may make patches as each batch is sold out thcre may bc a timc whcn we dont have a patch We also might make a sticker or a mug (for example) instead It can still be considered a committee listed in the Region Record but it would not be listed in the Bylaws

The Paragraph on Existing special committees shall be nlllllllbcrcd as a separate paragraph I recomshymend we strike the sentence Existing special committees shall function as subcommittees of the appropriate standing committees Then keep the remaining sentences as part of the paragraph

Finally Article IV Regional Territories should be amended to the way we operate now I recolllshymend we amend Article IV Parashygraph A and B as follows

A The boundaries of the Region shall be the same as those states of Virginia West Virginia the District of Columbia (strike and the adjoining) Maryland (strike Metropolitan are of Washington DC) North Carolina and the trishycity metropolitan area adjacent to Bristol Virginia

B NSS members and internal organizations located (strike within the neighboring state of North Carolina and who are not affiliated with other Regions) in neighboring states or areas shall be granted all membership privileges in the Virginia Region upon written request and approval of the Reshygional Council

This reflects the way we operate today Regional boundaries should

-

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Volume X Number 2

be flexible and organizations with an orientation toward caving in a particular Region should belong to the Region Also multiple Regional membership should be allowed for the same reason Since regions only get two votes in the Congress of Grottos regardless of size it should not matter if organizations particushylarly border clubs belong to more than one Region

All else looks current and applicable to the way we currently operate We might need to add some items but this updates the Constitution and Bylaws as they stand currently Our Bylaws state we change the Consti ution and Bylaws by either reporting the changes in the Region Record or by letter at least 30 days before a meeting or by favorable voting on any change at two successive Region meetings

Respectfully Submitted Bill Bussey Bylaws review Committee

Bylaws Changes -An Opposing View

by Craig Hindman VAR Vice Chairman

Having reviewed Bills report from the By-Laws Committee I find Im a firm believer in If its not broke dont fix it

1) We as a group should never try to amend the constitution In doing so we would more than likely have to re-file for nonprofit incorporation and a host of other things

2) As far as the By Laws are concerned the reference to the titles of the different officers T agree that we do not fonnally call the office Secretary-Treasurer We just shorten it to Treasurer Likewise we

The Region Record

refer to the Recording Secretary as the Secretary however the duties as written are exactly what they do Currently the Secretarys duties include maintaining the Regions files If we change the name to Recording Secretary we will have to change our process

After all we have abbreviated the Virginia Area Region to V AR and the Regional Council to the meeting or as agendas have read Spring or Fall Meeting of the Virginia Region of the National Speleological Society Although we generally referred to in its shortened fonn the NSS

3) As far as the statement of not less than 90 days preceding the Board of Governors meeting at the Convention some years we have 2 meetings at least 90 days prior if the Convention falls in August Some years we only have I if the Convention falls in June

Either way we meet this requireshyment and if you look at the timetashyble for VAR to make a submission to the COG or BOG we would have to bring an issue up at the fall meeting since the COG usually calls for issues in January and aims to publish them by March This allows us time to review the issues and instruct our delegates on how to vote on the issues at our spring meeting

4) Reconunendations to change offices to regular member of the NSS In my case I would have to resign because Im a life member The way it is currently written as a voting regular member I could still hold office The only difference between a voting regular member and a regular member is that you must be over 17 to vote in the NSS Do we want officers under 18

5) Committees Let the standing committees stand Most of our ad

page 7

Spring 1997

hoc committees fall under one of the standing committees Nothing says that we have to fill a standing committee but it is established if we need it Besides the editor of the Region Record falls under Publicashytions amp Public and Caver Relations The Landowner Recognition Awards VAR Outstanding Service Award History of the Region the Highlands Conservancy and the Cave Board could be covered by Public and Caver Relations Not to mention all the cavers involved with Island Ford and Bowden Caves

I dont feel its worth making any changes

6) The second part of the parashygraph B covers everything he is trying to strike (neighboring states or areas shall be granted all membership privileges In the Virginia Region upon written request and approval of the Reshygional Council

Like I said If its not broke dont fix it

VAB

BY wsl

Volume X Number 2 The Region Record Spring 1997

Agenda Spring 1997 Meeting

The Virginia Region of the National Speleological Society

I Call to Order

II Delegate Registration

III Distribution of Agenda

IV Call for Independent Cavers

V Officers Reports A Secretary - Carol Tidennan

IMotion to accept Fall 96 minutes

20ther

B Treasurer - Ted Kayes ICurrent financial report

C Vice-Chair - Craig Hindman D Chair - Ted Andrus

VI Committee Reports A Conservation Chair - Andy

Reeder

April 27 1997 1000AM

IReport of activities 2Call for volunteers

B Landowner Recognition Award Chair - Don Andershyson

C Patch Chair - Karen Kastshy

rung

D Landowner Legal Support

Chair - Bob Hoke

E Region Record - Bob Hoke

VII Host Grotto Report shyRichmond Area Speleological Society

VIII Old Business A Bylaws Committee - Bill

Bussey

B Bowden Cave Committee shy

Tina Hall

C History of the Region - Tom Spina

D VAR Outstanding Service Award - Tom Spina

E Host Grotto for Fall 97 -

Pine Mountain Grotto

F Host Grotto for Spring 98 shy

New River Valley Grotto

IX New Business A Host Grotto for Fall 98 B Other

X Grant Requests Should be -

summitted to the chainnan prior to the meeting

XI Announcements

XII Adjournment

Everyone seems to talk about the various state laws that protect caves and cave owners but people have never seen the actual law for their state The following pages contain the full text of the cave laws for Virginia West Virginia and Maryland The laws are all quite similar in content and they are relatively easy to read Numerous other states have similar laws but these three state include most of the Virginia Region

Anyone who is involved in caving or who owns a cave should be familiar with the cave law that applies to them Please feel free distribute the laws to anyone who might benefit from having them

page 8

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Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

page 9

5

Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

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Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

page12

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

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Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

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Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

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Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2

Chainnan and shall be responsible for the finances of the Region

Paragraph E states The Recording Secretary shall be responsible for taking the minutes at the Regional Council meetings and the mainteshynance of Regional records as directed by the Chainnan

It is clear according to the duties that our current Secretary is in fact the Recording Secretary and our Treasurer is in fact the SecretaryshyTreasurer Some of this is holdover from the wording from Roberts Rules of Order However the current nlIms fit bcttcr with the actual duties being perfonned

I suggest that we amend Article VI Officers in the Constitution in the following manner The Regional Officers shall be a Chainnan ViceshyChainnan Treasurer and a Secretary

Article II in the Bylaws Paragraph o and E should be amended 111e Treasurer shall perfonn duties as directed by the Chainnan and shall be responsible for the finances of the Region

The Secretary shall be responsible for taking the minutes at the Region Council meetings and the mainteshynance of Regional Records as directed by the Chainnan

These serve to amend the Constitushytion and Bylaws to reflect what we are doing now

Article I Meetings Paragraph B states AN annual meeting shall be not less than 90 days preceding the annual National Convention Additional meetings may be held as called by the Chainnan

Its been recent practice to hold two meetings per year - one in the Spring and one in the Fall I am not sure what the significance of

The Region Record

meetings not less than 90 days prior to the annual convention is about It may have been to allow time for issues brought up at the Region meetings to make it in writing to conventions I may have something to do with the old setup of Regional representation on the NSS Board of Governors W c regularly hold meetings less than 90 days before NSS Conventions With a June convention we would have to meet in March In any event it seems superfluous today

I recommend that we strike Parashygraph B of Article I of the Bylaws

I recommend we amend Article II Officers Paragraph A as follows A All officers must be regular (instead of voting) members of the NSS

This is to put the paragraph into the current vernacular Regular is the tenn used for those whose membershyship is paid and who have full member voting privileges in the National Speleological Society

Article III Committees needs some work We obviously dont have several of these committees Its time to do away with them in the Bylaws Thats not to say we could not have them again in the future We can add or rename them later or make them ad hoc Or we could keep these committees and form them ancw Ill bet most didnt know these committees existed I recommend that we strike Publicashytions and Survey Cornnlittee Safety and Techniques Committee Public and Caver Relations Committee Budget and Operations Committee We should keep the Conservation Committee as it has been a pennashynent committee for years We should probably add the Landowner Awards Conunittee as it will probably be a pennanent committee We need to keep recognlzmg

page 6

Spring 1997

landowners or we are going to be m serious trouble as cavers

We should probably keep the Patch Committee as an ad hoc committee which would mean it is not a standing committee While we may make patches as each batch is sold out thcre may bc a timc whcn we dont have a patch We also might make a sticker or a mug (for example) instead It can still be considered a committee listed in the Region Record but it would not be listed in the Bylaws

The Paragraph on Existing special committees shall be nlllllllbcrcd as a separate paragraph I recomshymend we strike the sentence Existing special committees shall function as subcommittees of the appropriate standing committees Then keep the remaining sentences as part of the paragraph

Finally Article IV Regional Territories should be amended to the way we operate now I recolllshymend we amend Article IV Parashygraph A and B as follows

A The boundaries of the Region shall be the same as those states of Virginia West Virginia the District of Columbia (strike and the adjoining) Maryland (strike Metropolitan are of Washington DC) North Carolina and the trishycity metropolitan area adjacent to Bristol Virginia

B NSS members and internal organizations located (strike within the neighboring state of North Carolina and who are not affiliated with other Regions) in neighboring states or areas shall be granted all membership privileges in the Virginia Region upon written request and approval of the Reshygional Council

This reflects the way we operate today Regional boundaries should

-

__ --II

Volume X Number 2

be flexible and organizations with an orientation toward caving in a particular Region should belong to the Region Also multiple Regional membership should be allowed for the same reason Since regions only get two votes in the Congress of Grottos regardless of size it should not matter if organizations particushylarly border clubs belong to more than one Region

All else looks current and applicable to the way we currently operate We might need to add some items but this updates the Constitution and Bylaws as they stand currently Our Bylaws state we change the Consti ution and Bylaws by either reporting the changes in the Region Record or by letter at least 30 days before a meeting or by favorable voting on any change at two successive Region meetings

Respectfully Submitted Bill Bussey Bylaws review Committee

Bylaws Changes -An Opposing View

by Craig Hindman VAR Vice Chairman

Having reviewed Bills report from the By-Laws Committee I find Im a firm believer in If its not broke dont fix it

1) We as a group should never try to amend the constitution In doing so we would more than likely have to re-file for nonprofit incorporation and a host of other things

2) As far as the By Laws are concerned the reference to the titles of the different officers T agree that we do not fonnally call the office Secretary-Treasurer We just shorten it to Treasurer Likewise we

The Region Record

refer to the Recording Secretary as the Secretary however the duties as written are exactly what they do Currently the Secretarys duties include maintaining the Regions files If we change the name to Recording Secretary we will have to change our process

After all we have abbreviated the Virginia Area Region to V AR and the Regional Council to the meeting or as agendas have read Spring or Fall Meeting of the Virginia Region of the National Speleological Society Although we generally referred to in its shortened fonn the NSS

3) As far as the statement of not less than 90 days preceding the Board of Governors meeting at the Convention some years we have 2 meetings at least 90 days prior if the Convention falls in August Some years we only have I if the Convention falls in June

Either way we meet this requireshyment and if you look at the timetashyble for VAR to make a submission to the COG or BOG we would have to bring an issue up at the fall meeting since the COG usually calls for issues in January and aims to publish them by March This allows us time to review the issues and instruct our delegates on how to vote on the issues at our spring meeting

4) Reconunendations to change offices to regular member of the NSS In my case I would have to resign because Im a life member The way it is currently written as a voting regular member I could still hold office The only difference between a voting regular member and a regular member is that you must be over 17 to vote in the NSS Do we want officers under 18

5) Committees Let the standing committees stand Most of our ad

page 7

Spring 1997

hoc committees fall under one of the standing committees Nothing says that we have to fill a standing committee but it is established if we need it Besides the editor of the Region Record falls under Publicashytions amp Public and Caver Relations The Landowner Recognition Awards VAR Outstanding Service Award History of the Region the Highlands Conservancy and the Cave Board could be covered by Public and Caver Relations Not to mention all the cavers involved with Island Ford and Bowden Caves

I dont feel its worth making any changes

6) The second part of the parashygraph B covers everything he is trying to strike (neighboring states or areas shall be granted all membership privileges In the Virginia Region upon written request and approval of the Reshygional Council

Like I said If its not broke dont fix it

VAB

BY wsl

Volume X Number 2 The Region Record Spring 1997

Agenda Spring 1997 Meeting

The Virginia Region of the National Speleological Society

I Call to Order

II Delegate Registration

III Distribution of Agenda

IV Call for Independent Cavers

V Officers Reports A Secretary - Carol Tidennan

IMotion to accept Fall 96 minutes

20ther

B Treasurer - Ted Kayes ICurrent financial report

C Vice-Chair - Craig Hindman D Chair - Ted Andrus

VI Committee Reports A Conservation Chair - Andy

Reeder

April 27 1997 1000AM

IReport of activities 2Call for volunteers

B Landowner Recognition Award Chair - Don Andershyson

C Patch Chair - Karen Kastshy

rung

D Landowner Legal Support

Chair - Bob Hoke

E Region Record - Bob Hoke

VII Host Grotto Report shyRichmond Area Speleological Society

VIII Old Business A Bylaws Committee - Bill

Bussey

B Bowden Cave Committee shy

Tina Hall

C History of the Region - Tom Spina

D VAR Outstanding Service Award - Tom Spina

E Host Grotto for Fall 97 -

Pine Mountain Grotto

F Host Grotto for Spring 98 shy

New River Valley Grotto

IX New Business A Host Grotto for Fall 98 B Other

X Grant Requests Should be -

summitted to the chainnan prior to the meeting

XI Announcements

XII Adjournment

Everyone seems to talk about the various state laws that protect caves and cave owners but people have never seen the actual law for their state The following pages contain the full text of the cave laws for Virginia West Virginia and Maryland The laws are all quite similar in content and they are relatively easy to read Numerous other states have similar laws but these three state include most of the Virginia Region

Anyone who is involved in caving or who owns a cave should be familiar with the cave law that applies to them Please feel free distribute the laws to anyone who might benefit from having them

page 8

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Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

page 9

5

Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

page 11

Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

page12

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

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Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

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Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

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Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

__ --II

Volume X Number 2

be flexible and organizations with an orientation toward caving in a particular Region should belong to the Region Also multiple Regional membership should be allowed for the same reason Since regions only get two votes in the Congress of Grottos regardless of size it should not matter if organizations particushylarly border clubs belong to more than one Region

All else looks current and applicable to the way we currently operate We might need to add some items but this updates the Constitution and Bylaws as they stand currently Our Bylaws state we change the Consti ution and Bylaws by either reporting the changes in the Region Record or by letter at least 30 days before a meeting or by favorable voting on any change at two successive Region meetings

Respectfully Submitted Bill Bussey Bylaws review Committee

Bylaws Changes -An Opposing View

by Craig Hindman VAR Vice Chairman

Having reviewed Bills report from the By-Laws Committee I find Im a firm believer in If its not broke dont fix it

1) We as a group should never try to amend the constitution In doing so we would more than likely have to re-file for nonprofit incorporation and a host of other things

2) As far as the By Laws are concerned the reference to the titles of the different officers T agree that we do not fonnally call the office Secretary-Treasurer We just shorten it to Treasurer Likewise we

The Region Record

refer to the Recording Secretary as the Secretary however the duties as written are exactly what they do Currently the Secretarys duties include maintaining the Regions files If we change the name to Recording Secretary we will have to change our process

After all we have abbreviated the Virginia Area Region to V AR and the Regional Council to the meeting or as agendas have read Spring or Fall Meeting of the Virginia Region of the National Speleological Society Although we generally referred to in its shortened fonn the NSS

3) As far as the statement of not less than 90 days preceding the Board of Governors meeting at the Convention some years we have 2 meetings at least 90 days prior if the Convention falls in August Some years we only have I if the Convention falls in June

Either way we meet this requireshyment and if you look at the timetashyble for VAR to make a submission to the COG or BOG we would have to bring an issue up at the fall meeting since the COG usually calls for issues in January and aims to publish them by March This allows us time to review the issues and instruct our delegates on how to vote on the issues at our spring meeting

4) Reconunendations to change offices to regular member of the NSS In my case I would have to resign because Im a life member The way it is currently written as a voting regular member I could still hold office The only difference between a voting regular member and a regular member is that you must be over 17 to vote in the NSS Do we want officers under 18

5) Committees Let the standing committees stand Most of our ad

page 7

Spring 1997

hoc committees fall under one of the standing committees Nothing says that we have to fill a standing committee but it is established if we need it Besides the editor of the Region Record falls under Publicashytions amp Public and Caver Relations The Landowner Recognition Awards VAR Outstanding Service Award History of the Region the Highlands Conservancy and the Cave Board could be covered by Public and Caver Relations Not to mention all the cavers involved with Island Ford and Bowden Caves

I dont feel its worth making any changes

6) The second part of the parashygraph B covers everything he is trying to strike (neighboring states or areas shall be granted all membership privileges In the Virginia Region upon written request and approval of the Reshygional Council

Like I said If its not broke dont fix it

VAB

BY wsl

Volume X Number 2 The Region Record Spring 1997

Agenda Spring 1997 Meeting

The Virginia Region of the National Speleological Society

I Call to Order

II Delegate Registration

III Distribution of Agenda

IV Call for Independent Cavers

V Officers Reports A Secretary - Carol Tidennan

IMotion to accept Fall 96 minutes

20ther

B Treasurer - Ted Kayes ICurrent financial report

C Vice-Chair - Craig Hindman D Chair - Ted Andrus

VI Committee Reports A Conservation Chair - Andy

Reeder

April 27 1997 1000AM

IReport of activities 2Call for volunteers

B Landowner Recognition Award Chair - Don Andershyson

C Patch Chair - Karen Kastshy

rung

D Landowner Legal Support

Chair - Bob Hoke

E Region Record - Bob Hoke

VII Host Grotto Report shyRichmond Area Speleological Society

VIII Old Business A Bylaws Committee - Bill

Bussey

B Bowden Cave Committee shy

Tina Hall

C History of the Region - Tom Spina

D VAR Outstanding Service Award - Tom Spina

E Host Grotto for Fall 97 -

Pine Mountain Grotto

F Host Grotto for Spring 98 shy

New River Valley Grotto

IX New Business A Host Grotto for Fall 98 B Other

X Grant Requests Should be -

summitted to the chainnan prior to the meeting

XI Announcements

XII Adjournment

Everyone seems to talk about the various state laws that protect caves and cave owners but people have never seen the actual law for their state The following pages contain the full text of the cave laws for Virginia West Virginia and Maryland The laws are all quite similar in content and they are relatively easy to read Numerous other states have similar laws but these three state include most of the Virginia Region

Anyone who is involved in caving or who owns a cave should be familiar with the cave law that applies to them Please feel free distribute the laws to anyone who might benefit from having them

page 8

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Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

page 9

5

Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

page 11

Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

page12

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

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Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

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Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

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Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2 The Region Record Spring 1997

Agenda Spring 1997 Meeting

The Virginia Region of the National Speleological Society

I Call to Order

II Delegate Registration

III Distribution of Agenda

IV Call for Independent Cavers

V Officers Reports A Secretary - Carol Tidennan

IMotion to accept Fall 96 minutes

20ther

B Treasurer - Ted Kayes ICurrent financial report

C Vice-Chair - Craig Hindman D Chair - Ted Andrus

VI Committee Reports A Conservation Chair - Andy

Reeder

April 27 1997 1000AM

IReport of activities 2Call for volunteers

B Landowner Recognition Award Chair - Don Andershyson

C Patch Chair - Karen Kastshy

rung

D Landowner Legal Support

Chair - Bob Hoke

E Region Record - Bob Hoke

VII Host Grotto Report shyRichmond Area Speleological Society

VIII Old Business A Bylaws Committee - Bill

Bussey

B Bowden Cave Committee shy

Tina Hall

C History of the Region - Tom Spina

D VAR Outstanding Service Award - Tom Spina

E Host Grotto for Fall 97 -

Pine Mountain Grotto

F Host Grotto for Spring 98 shy

New River Valley Grotto

IX New Business A Host Grotto for Fall 98 B Other

X Grant Requests Should be -

summitted to the chainnan prior to the meeting

XI Announcements

XII Adjournment

Everyone seems to talk about the various state laws that protect caves and cave owners but people have never seen the actual law for their state The following pages contain the full text of the cave laws for Virginia West Virginia and Maryland The laws are all quite similar in content and they are relatively easy to read Numerous other states have similar laws but these three state include most of the Virginia Region

Anyone who is involved in caving or who owns a cave should be familiar with the cave law that applies to them Please feel free distribute the laws to anyone who might benefit from having them

page 8

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Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

page 9

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Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

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Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

page12

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

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Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

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Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

---

Volume X Number 2 The Region Record Spring 1997

Virginia Cave Law

sect 101-1000 Definitions

As used in this chapter unless the context requires a different meaning

Board means the Cave Board

Cave means any naturally occurring void cavity recess or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems but not including any mine tunnel aqueduct or other man-made excavation which is large enough to pennit a person to enter The word cave includes or is synonymous with cavern sinkhole natural pitmiddot grotto and rock shelter

Cave life means any rare or endangered animal or other life form which normally occurs in uses visits or inhabits any cave or subterranean water system

Conunercial cave means any cave utilized by the owner for the purposes of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

Gate means any structure or device located to limit or prohibit access or entry to any cave

Material means all or any part of any arch eological paleontological biological or historical item including but not limited to any petroglyph pictograph basketry human remains tool beads pottery projectile point remains of historical mning activity or any other occupation found in any cave

Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land and including the Commonwealth and any of its agencies departments boards bureaus conunissions or authorities as well as counties municipalities and other political subdivisions of the Commonwealth

Person means any individual partnership firm association trust or corporation or other legal entity

Sinkhole means a closed topographic depression or basin generally draining underground including but not restricted to a do line uvala blind vailey or sink

Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastomoses scailops rills flutes spongework and pendants

Speleothem means a natural mineral formation or deposit occurring in a cave This includes or is synonymous with stalagmite stalactite helectite shield anthodite gypsum flower and needle angels hair soda straw drapery bacon cave pearl popcorn (coral) rimstone dam column palette flowstone et cetera Speleothems are conunonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

sect 101-1001 Cave Board qualifications officers

A The Cave Board is continued within the Department of Conservation and Recreation and shall consist of the Director of the Department of Historic Resources or his designee serving in an ex officio capacity and eleven citizens of Virginia appointed by the Governor for four year terms Appointments shall be made on the basis of activity and knowledge in the conservati0I1 exploration study and management of caves i

B The Cave Board shall meet at least three times a year Six members shall constitute a quorum for the transaction of business The Board shall annually elect a chairman vice-chairman and recording secretary and such other officers as the Board deems necessary

page 9

5

Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

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Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

page 11

Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

page12

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

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Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

-

Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

5

Volume X Number 2 The Region Record Spring 1997

sect 101 1002 Powers and duties of Cave Board

A The Cave Board may perfonn all tasks necessary to carry out the purposes of this chapter including the following

1 Accept any gift money security or other source of funding and expend such funds to effectuate the purshyposes of this chapter

2 Serve as an advisory board to any requesting state agency on matters relating to caves and karst 3 Conduct and maintain an inventory of publicly ovned caves in Virginia 4 Provide cave management expertise and service to requesting public agencies and cave owners

Maintain a curreilt list of all significant caves in Virginia and report any real and present danger to such caves

6 Provide cave data for use by state and other governmental agencies 7 Publish or assist in publishing articles pamphlets brochures or books on caves and cave-related concems 8 Facilitate data gathering and research efforts on caves 9 Advise civil defense authorities on the present and future use of Virginia caves in civil defense 10 Advise on the need for and desirability of a state cave recreation plan II Infonn the public about the value of cave resources and the importance of preserving them for the citizens of

the Commonwealth

B The Cave Board shall have the duty to 1 Protect the rare unique and irreplaceable minerals and archaeological resources found in caves 2 Protect and maintain cave life 3 Protect the ground water flow which naturaUy occurs in caves from water pollution 4 Protect the integrity of caves that have unique characteristics or are exemplary natural community types 5 Make recommendations to interested state agencies concerning any proposed rule regulation or administrashy

tive policy which directly affects the use and conservation of caves in this Commonwealth 6 Study any matters of special concern relating to caves and karst __

sect 101-1003 Permits for excavation and scientific investigation how obtained penalties

A In addition to the written pennission of the owner required by sect 101-1004 a pennit shall be obtained from the Department of Conservation and Recreation prior to excavating or removing any archaeological paleontological prehistoric or historic feature of any cave The Department shall issue a pennit to excavate or remove such a feature if it finds with the concurrence of the Director of the Department of Historic Resources that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section The pennit shall be issued for a period of two years and may be renewed upon expiration Such pem1it shall not be transferable however the provisions of this section shall not preclude any person from working under the direct supervision of the pennittee

B All field investigations explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the Department and in a manner to ensure that the maximum amount of historic scientific archaeologic and educational infonnation may be recovered and preserved in addition to the physical recovery of objects

C A person applying for a pennit pursuant to this section shall I Be a historic scientific or educational institution or a professional or amateur historian biologist archaeshy

ologist or paleontologist who is qualified and recognized in these areas of field investigations 2 Provide a detailed statement to the Department giving the reasons and objectives for excavation or removal

and the benefits expected to be obtained from the contemplated work 3 Provide data and results of any completed excavation study or collection at the first of each calendar year 4 Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned

land 5 Carry the penn it while exercising the privileges granted

pagelO

Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

page 11

Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

page12

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

page13

Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

-

Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2 Tl1e Region Record Spring 1997

D Any person who fails to obtain a permit required by subsection A hereof shall be guilty of a Class I misdeshymeanor Any violation of subsection C hereof shall be punished as a Class 3 misdemeanor and the p rmit shall be revoked

E The provisions of this section shall not apply to any person in any cave located on his own property

sect 101-1004 Vandalism penalties

A It shall be unlawful for any person without express prior written permission of the owner to

I Break break off crack carve upon write burn or otherwise mark upon remove or in any manner destroy disturb deface mar or harm the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits The provisions of this section shall not prohibit minimal disturbance for scientific exploration

2 Break force tamper with or otherVoise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

3 Remove deface or tamper with a sign stating that a cave is posted or citing provisions of this chapter

4 Excavate remove destroy injure deface or in any manner disturb any burial grounds historic or prehisshytoric resources archaeological or paleontological site or any part thereof including relics inscriptions saltshypeter workings fossils bones remains of historical human activity or any other such features which may be found in any cave except those caves owned by the Commonwealth or designated as Commonwealth arshychaeological sites or zones and which are subject to the provisions of the Virginia Antiquities Act (sect 101shy2300 et seq)

B Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section

C Any violation of this section shall be punished as a Class 1 misdemeanor

D The provisions of this section shall not apply to an owner of a cave on his own property

sect 101-1005 Pollution penalties

A It shall be unlawful for any person without express prior written permission of the owner to store dump litter dispose of or otherwise place any refuse garbage dead animals sewage or toxic substances harmful to cave life or humans in any cave or sinkhole It shall also be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any naturally occurring organism in any cave

B Any violation of this section shall be punished as a Class I misdemeanor

sect 101-1006 Disturbance of naturally occurring organisms scientific collecting permits penalties

A It shall be unlawnil to remove kill harm or otherwise disturb any naturally occurring organisms within any cave except for safety or health reasons however scientific collecting permits may be obtained from the Departshyment

B Any violation of this section shall be punished as a Class 3 misdemeanor

sect 101-1008 Liability of owners and agents limited sovereign immunity of Commonwealth not waived

page 11

Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

page12

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

page13

Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

-

Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2 The Region Record Spring 997

Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made

Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards departments bureaus or agencies

(Source This text was obtained from the State oj Virginia s Internet site at HTTPLEG1STA TE VA US on March 19 1997 It is Sections 101-1000 through 101-1008 oj t1e Code oj Virginia The text was slightly rejormatted jor publication but no substantive changes were made to it)

page12

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

page13

Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

-

Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2 The Region Record Spring 1997

WestVirginia Cave Law

ARTICLE 9 CAVE PROTECTION

sect 20-9-1 Definitions

Unless the context in which used clearly requires a diffennl Illeaning as lIsed in lhis article

(a) Cave means any naturally occurring subterranean cavity The word cave includes or is synonymous with cavern pit pothole well sinkhole and grotto

(b) Commercial cave means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise wherein am fee is collected for entry

(c) Gate means any structure or device located to limit or prohibit access or entry to any cave

(d) Person or persons means any individual partnership finn association trust or corporation

(c) Speleothem means a natural mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(f) Owner means a person who owns title to land where a cave is located including a person who owns title to a leasehold estate in such land

sect 20-9-2 Vandalism penalties

It is unlawful for any person without express prior written permission of the owner to willfully or knowshyingly

(a) Break break off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material therein including speleoshythems

(b) Disturb or alter in any malU1er the natural condition of any cave

(c) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

Any person violating a provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-3 Sale of speleothems unlawful penalties

It is unlawful to sell or offer for sale any speleothems in this state or to export them for sale outside the state A person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto may be imprisoned in the county jail for not less than ten days nor more than six months

sect 20-9-4 Biological policy penalties for violation

page13

Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

-

Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2 The Region Record Spring 1997

It is unlawful to remove kill harm or disturb any plant or animal life found within any cave Provided That scientific collecting permits may be obtained from the director as provided in section fifty article two of this chapter Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air insects bats and aquatic fauna A person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto any be imprisoned in the county jail for not less than fifteen days nor more than six months

sect 20-9-5 Archeology permits for excavation how obtained prohibitions penalties

(a) No person may excavate remove destroy injure or deface any historic or prehistoric ruins burial grounds archeological or paleontological site including saltpeter workings relics or inscriptions fossilized footshyprints bones or any other such features which may be found in any cave

(b) Notwithstanding the provision of subsection (a) of this section a permit to excavate or remove archeoshylogicaL paleontological prehistoric and historic features may be obtained from the director of natural resources Such permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

A person applying for such a permit must

(I) Provide a detailed statement to the director of natural resources giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(2) Provide data and results of any completed excavation study or collection at the first of each calendar year

(3) Obtain the prior written permission of the director of natural resources if the site of the proposed excavashytion is on state-owned lands and prior written pem1ission of the mvner if the site of such proposed excavation is on -- privately owned land

(4) Carry a permit while exercising the privileges granted A person who violates any provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and may be imprisoned in the county jail for not less than ten days nor more than six months A person who violates any of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and the permit herein authorized shall be revoked

sect 20-9-6 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless such injury is sustained as a result of such mvners negligence in connection with the providing and maintaining of trails stairs electrical wires or other modifications and such negligence is the proximate cause of the injury

(Source This text was obtained from the National Speleological Societys computer bulletin board in approxishymately 1994 The text was slightly reformatted for publication but no substantive changes were made to it)

page 14

-

Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

-

Volume X Number 2 The Region Record Spring 1997

Maryland Cave Law

sect 5-1401 Definitions

(a) Generally -shy In this subtitle the following tenns have the meanings indicated

(b) Cave means any naturally occurring void cavity recess or system of intercOlmecting p ssages beneath the surface of the earth or within a cliff or ledge including natural subsurface water and drainage systems The word cave includes or is synonymous with cavern sirlkhole grotto and rock shelter

(c) Commercial cave means any cave with improved trails and lighting utilized by the owner for the pU(J)ose of exhibition to the general public as a profit or nonprofit enterprise wherein a fee is collected for entry

(d) Gate means any structure or device located to limit or prohibit access or entry to any cave

(e) Person or persons means any individual partnership finn association trust or corporation

(f) Speleothem means a natural secondary mineral fonnation or deposit occurring in a cave This includes or is synonymous with stalagmites stalactites helectites anthodites gypsum flowers needles angels hair soda straws draperies bacon cave pearls popcorn (coral) rimstone dams columns palettes flowstone et cetera Speleothems are commonly composed of calcite epsomite gypsum aragonite celestite and other similar minerals

(g) OWner means a person who has the right of access (or possession) to the cave

(h) Speleogen means an erosional feature of the cave boundary and includes or is synonymous with anastoshymoses scallops rills flutes spongework and pendants

(i) Sinkhole means a natural depression in a land surface communicating with a subterranean passage or drainage system

(j) Cave life means any life form which nonnally occurs in uses visits or inhabits any cave or subterranean water system excepting herein those animals and species covered by any of the game laws of this State

sect 5-1402 Prohibitions

(a) (I) A person may not without express prior written permission of an owner wilfully or knowingly

(i) Break break-off crack carve upon write bum or otherwise mark upon remove or in any manner destroy disturb deface mar or hann the surfaces of any cave or any natural material which may be found therein whether attached or broken including speleothems speleogens and sedimentary deposits

(ii) Disturb or alter in any manner the natural condition of any cave or

(iii) Break force tamper with or otherwise disturb a lock gate door or other obstruction designed to control or prevent access to any cave even though entrance thereto may not be gained

(2) However the entering or remaining in a cave by itself shall not constitute a violation of this section

(b) A person may not dispose of dump store or otherwise introduce into any cave siIikhole or subterranean drainage system any litter refuse dead animals sewage trash garbage or any chemical or biological contan1inant

-- which is potentially dangerous to man or any fonn of cave life

(c) Unless otherwise established by the Secretary and clearly posted at the cave entrance cflves havng access within the boundariesof public properties shall be open for recreational purposes

pagelS

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2 The Region Record Spring 1997

(d) Any person violating any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than tcn days nor mon

than six months

sect 5-1403 Sale of speleothems

A person may not sell or offer for sale any speleothems in this State or to export them for sale outside the State A person who violates any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500 and in addition may be imprisoned for not less than ten days nor more than six months

sect 5-1404 Disturbing cave life scientific collecting permits

(a) A person may not remove disfigure kill haml disturb keep restrain or in any manner alter the natural condition or environment of any cave life

(b) Notwithstanding the provisions of subsection (a) of this section scicntific collecting permits may be obtained from the Secretary

(c) Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air water insects bats and aquatic fauna

(d) A person who violates any provision of this section is guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 and in addition thereto may be imprisoned for not less than 15 days nor more than 6 months

sect 5-1405 Permits for Excavation

(a) A person may not excavate remove destroy injure deface or in any manner disturb any paleontological site or any part thereof including saltpeter workings fossils bones or any other paleontological features which may be found in any cave

(b) Notwithstanding the provisions of subsection (a) of this section a permit to excavate or remove paleonshytological features may be obtained from the Secretary The permit shall be issued for a period of two years and may be renewed at expiration It is not transferable but this does not preclude persons from working under the direct supervision of the person holding the permit

(c) A person applying for a permit shall

(I) Have knowledge of paleontology

(2) Provide a detailed statement to the Secretary giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work

(3) Provide data and results of any completed excavation study or collection at the first of each calendar year

(4) Obtain the prior written permission of the Secretary if the site of the proposed excavation is on Stateshyowned lands and prior written permission of the owner if the site of the proposed excavation is on privately owned land

(5) Carry the permit while exercising the privileges granted

(d) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and may be imprisoned for not less than ten days

page16

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Volume X Number 2 The Region Reco7 Spring 1997

nor more than six months A person who violates any of the provisions of subsection (b) of this section is guilty of a

misdemeanor and upon conviction shall be fined not less than $100 nor more than $500 and the permit shall be revoked

sect 5-1406 Cave Owner Liability

(a) An owner of a cave or the owners authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of thyen cave

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless

(1) the injury is sustained as a result of the owners negligence in connection with the providing and mainshytaining of trails stairs electrical wires or other modifications and

(2) The negligence is the proximate cause of the injury

(Source This text was obtainedfrom the State of Marylands Internet site at HTTPMSLICSTATEMDUS on March 18 1997 It is Sections 5-1401 through 5-1406 of the Natural Resources Article The text was slightly reformatted for publication but no substantive changes were made to it)

page 17

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

will i

Its Time for the

middot1997

Spring VAR Hosted by the Richmond Area

Speleological Society April 25 - 27

at the RASS Field Station in beautiful Bath Co Virginia The Field Station is easily reached from al points

of the compass Directions are included There are plenty of campsites both wooded and open There are pit toilets water and a bath house There are no hookups for RVs or campers (but limited electricity is available for vendors) Several country stores are within easy driving distance Friday night will feature a bonfire and party (beer wine and soda provided) Satshyurday nights dinner will be catered by the Millboro Ruritans and will be served at 630 PM PLEASE try to

PRE-REGISTER so that we can give the Ruritans an accurate count for the BBO Chicken dinner (with brocshycoli salad vegetables dessert coffee and tea) Theres another party afterwards

The Field Station gates open at noon on Friday April 25th The registration table will be able to answer all your questions

Tom Spina has authored a guidebook with everything youll need to know about caves and sershyvices in the area

Guided trips to selected caves will go out on Saturday morning and directions to other caves will be available Please heed the VAR Closed Cave list

If you have questions or need more information please feel free to contact any one of these RASS folks Mike Friedenberg (804) 282-5138 Mickey Bracey (804) 748-7764 or Becky Kusterer (804) 673-2283 (the RASS office mornings leave a message at other times) E-mail rassrichmondinfinet

------------------------------------------- ------------

I VAR PRE-REGISTRATION COUPON I Please return to the RASS Office I

RASS Attn VAR Registration 5300 W Marshall St Richmond VA 23230 t I Name - I

Address City State ZIP --r

I GroUo NSS I of Adults $1500 = $ of Youth (6-15) $1200 = I I

I--------------------------------------------------- ---

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

Directions to the RASS Field Station

The RASS Field Station is located in Bath County Virginia on State Route 629 14 mile east of State Route 678 between Millboro Williamsville and Deerfield On a 1996-97 Virginia Official State Transportation Map it is located in the 1-3 box In the DeLorme Virginia Atlas amp Gazetteer it is on page 65 block D-5 The bunk house is shown on the USGS Green Valley VA quad at approx 79deg36N 38deg0430Wat the end of the unimproved dirt road The directions below will get you from just about anywhere in V AR to the entrance gate of the property

1) From points North and East of Staunton VA

Interstate 81 to Exit 225 Route 275 (Woodrow Wilson Parkway) Follow Rt 275 West to Route 250 Turn right onto to Rt 250 West Follow Rt 250 West to West Augusta about 16 miles At West Augusta turn left onto Route 629 (Deerfield Road) There is a gas stationmarket on the corner Follow Rt 629 for 22 12 miles through Deerfield then past Hunters Paradise to the entrance of the Field Station on the left Turn left through the cattle gate into the dirt road entrance If you get to Rt 678 youve gone 114 mile too far

2) From points West (way north of 1-64)

Rt 250 East to McDowell Tum right in McDowell onto Route 678 Follow Rt 678 through Williamsville You will break out into Green Valley After approximately 23 miles (from Rt 250) turn left onto Rt 629 (Deerfield Rd) Cross the bridge the entrance is on the right through a cattle gate and onto the dirt road

3) From points West (south of Route 250)

Interstate 64 to Exit 29 (Rt 42) Take Rt 42 North to MiIlboro Turn left at Millboro onto Route 39 Follow Rt 39 West approximately 112 mile to Rt 678 (Indian Draft Road) Turn right onto Rt 678 foHow it approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

4) From points South

From Lexington take Rt 39 North to Millboro Approximately 12 mile past Millboro turn right onto Rt 678 (Indian Draft Road) Follow Rt 678 approximately 7 miles to Rt 629 ON THE RIGHT (Rt 629 intersects Rt 678 from the left about 1 mile from where it cuts off to the right - you want to turn RIGHT onto Rt 629) Cross the bridge the entrance is through a cattle gate on the right about 114 mile from the intersection of Rt 678

OR

Take any route you wish up to 1-64 then to Exit 29 (Rt 42) Follow the directions in 3) above

IF YOU WIND UP COMPLETELY LOST FIND A PHONE AND CALL US AT THE FIELD STATION THE PHONE NUMBER THERE IS 540-996-4188

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261

--------------------------------------------- --------------

----------------------------------------------------------------

______________ ____ _________ _

____________________ _

National Speleological Society

10826 Leavells Rd

Fredericksburg VA 22407-1261

FORWARD AND ADDRESS CORRECTION

Regional News

Non Profit Org US Postage

PA TD Annapolis Jet MD

Permit 2530

--1

If you want to continue receiving the Region Record please read this

Complementary copies of the Region Record the newsletter of the Virginia Region are sent to grottos in the Region and to

other groups with which the Region exchanges newsletters In addition newcomers to the Region will receive one or two

complementary copies Individuals may receive the newsletter either by regularly attending Spring or Fall VAR (regional

meetings) and paying registration fees or through subscription Subscriptions are $300 per year and may be prepaid for up

to three years Checks should be made payable to VAR and sent to the curculation manager You do not have to be an NSS member to receive the Record

q q q o-r o-r o-r

_ I want to continue receiving the Region Record Enclosed to maintain my subscription are dues in the amount of

(please circle one) $300 for one year $600 for two years $900 for three years

Name NSS Number

Address

City State ZIP (+4)

Grotto (or other caving organization that I claim as my prinmary caving affiliation)

Please make checks payable to V AR and send to Evelyn Bradshaw 10826 Leavells Road Fredericksburg VA 22407-1261