West Virginia Code § 22-6A-11

Procedure for filing written comments; procedures for considering
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objections and comments; issues to be considered; and newspaper notice.
(a) All persons described in subsection (b), section ten of this article may file written
comments with the secretary as to the location or construction of the applicant's proposed
well work within thirty days after the application is filed with the secretary.
(b) The applicant shall tender proof of and certify to the secretary that the notice
requirements of section ten of this article have been completed by the applicant. The
certification of notice to the person may be made by affidavit of personal service, the return
receipt card or other postal receipt for certified mailing. u
(c)(1) The secretary shall promptly review all written comments filed by the persons entitled
to notice under subsection (b), section ten of this article. The secretary shall notify the
applicant of the character of the written comments submitted no later than fifteen days after
the close of the comment period.
(2) Any objections of the affected coal operatosrs and coal seam owners and lessees shall be
addressed through the processes and procedures that exist under sections fifteen, seventeen
and forty, article six of this chapter, as appilicable and as incorporated into this article by
section five of this article. The writtegn comments filed by the parties entitled to notice under
subdivisions (1), (2), (4), (5) and (6), subsection (b), section ten of this article shall be
considered by the secretary in the permit issuance process, but the parties are not entitled
to participate in the processes and proceedings that exist under sections fifteen, seventeen
or forty, article six of this chapter, as applicable and as incorporated into this article by
section five of this article.
(3) The secretary shall retain all applications, plats and other documents filed with the
secretary, any proposed revisions thereto, all notices given and proof of service thereof and
all orders issued and all permits issued. Subject to the provisions of article one, chapter
tweWnty-nine-b of this code, the record prepared by the secretary is open to inspection by the
public.

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