West Virginia Code § 22-21-9

Notice to owners
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(a) Prior to filing an application for a permit for a coalbed methane well under this article,
the applicant shall deliver by personal service or by certified mail, return receipt requested,
copies of the application, well plat and erosion and sediment control plan to the following:
(1) The owners of record of the surface of the tract on which the coalbed methane well is to
be located;
(2) The owners of record of the surface of any tract which is to be utilized for roads or other
land disturbance; u
(3) Each coal owner and each coal operator (i) from whom a consent and agreement
provided for in section seven of this article is required, or (ii) whose coal seam will be
penetrated by the proposed coalbed methane well or isa within seven hundred fifty feet of any
portion of the well bore; and
(4) Each owner and lessee of record and each operator of natural gas surrounding the well
bore and existing in formations above the top of the uppermost member of the "Onondaga
Group" or at a depth less than six thousandi feet, whichever is shallower. Notices to gas
operators shall be sufficient if served upon the agent of record with the office of oil and gas.
(b) If more than three tenants in common or other coowners of interests described in
subsection (a) of this section hold interests in such lands, the applicant may serve the
documents required upon the person described in the records of the sheriff required to be
maintained pursuant to section eight, article one, chapter eleven-a of this code; provided,
that all owners and operators occupying or operating on the tracts where the well work is
proposed to be locate d at the filing date of the permit application shall receive actual service
of the documeVnts required by subsection (a) of this section.
(c) Prior to filing an application for a permit for a coalbed methane well under this article,
the applicant shall cause to be published in the county in which the well is located or to be
located a Class II legal advertisement as described in section two, article three, chapter fifty-
nine of this code, containing such notice and information as the chief shall prescribe by rule,
with the first publication date being no more than ten days after the filing of the permit
application.
(d) Materials served upon persons described in subsections (a) and (b) of this section shall
contain a statement of the methods and time limits for filing comment and objection, who
may file comment and objection, the name and address of the chief with whom the comment
and objection must be filed, the ability to obtain additional information from the chief, the
fact that such persons may request notice of the permit decision, and a list of persons
qualified to test water as provided in this section.
(e) Any person entitled to submit comment or objection shall also be entitled to receive a
copy of the permit as issued or a copy of the order denying the permit if such person
requests the receipt thereof as a part of the comment or objection concerning said permit
application.
(f) Persons entitled to notice may contact the district office of the office of oil and gas to
ascertain the names and location of water testing laboratories in the area capable and
qualified to test water supplies in accordance with standard accepted methoeds. In compiling
such list of names the office of oil and gas shall consult with the state and local health
departments. r

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