West Virginia Code § 22-6-9

Notice to property owners
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(a) No later than the filing date of the application, the applicant for a permit for any well
work shall deliver by personal service or by certified mail, return receipt requested, copies
of the application, well plat and erosion and sediment control plan required by section six of
this article to each of the following persons:
(1) The owners of record of the surface of the tract on which the well is, or is to be located;
and
(2) The owners of record of the surface tract or tracts overlying uthe oil and gas leasehold
being developed by the proposed well work, if such surface tract is to be utilized for roads or
other land disturbance as described in the erosion and sediment control plan submitted
pursuant to section six of this article.
(b) If more than three tenants in common or other coowners of interests described in
subsection (a) of this section hold interests in suchl lands, the applicant may serve the
documents required upon the person describesd in the records of the sheriff required to be
maintained pursuant to section eight, article one, chapter eleven-a of this code, or publish in
the county in which the well is located or tio be located a Class II legal advertisement as
described in section two, article threge, chapter fifty-nine of this code, containing such notice
and information as the director shall prescribe by rule, with the first publication date being
at least ten days prior to the filing of the permit application: Provided, That all owners
occupying the tracts where the well work is, or is proposed to be located at the filing date of
the permit application shall receive actual service of the documents required by subsection
(a) of this section.
(c) 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 comments, who may file
comments and the name and address of the director for the purpose of filing comments and
obtWaining additional information and a statement that such persons may request, at the time
of submitting comments, notice of the permit decision and a list of persons qualified to test
water as provided in this section.
(d) Any person entitled to submit comments 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 comments concerning said permit application.
(e) Persons entitled to notice may contact the district office of the division 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 methods. In compiling such list of
names the division shall consult with the state bureau of public health and local health
departments.

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