Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-4-16 - Reclamation16.1. Reclamation Under the Construction and Reclamation Plan.16.1.a. All proposed reclamation methods for construction of roads, drilling locations, and pits, if any, or alternative overflow prevention facilities, shall be submitted on Form WW-9 with the application for any permit required by W. Va. Code § 22-6-6, except a permit to plug a well. Such proposed reclamation methods shall be approved by the Chief or his designate prior to the issuance of the permit, and all reclamation shall be done under the supervision of the Chief. With the consent of this Chief or his designee, the reclamation may be altered from that set out in said Form WW-9, if found necessary due to topography or other conditions not apparent upon initial submission and approval of the proposed reclamation methods.16.2. Access Roads -- All access roads shall be constructed and maintained so as to prevent excess sedimentation, maintain natural drainage areas and, if practicable, to direct or carry away from disturbed areas surface water run-off from undisturbed areas.16.3. Drilling Sites -- Drilling sites shall be constructed and maintained to prevent surface run-off carrying excessive sedimentation from the site, to confine all materials leaked or spilled as a result of drilling operations to the drilling site, and to prevent excess sedimentation by not placing in any stream any material moved or cut. Upon the plugging of a non-productive well, whether as a continuous operation with other permitted well work or otherwise, all cementing and other waste materials resulting therefrom shall be retained on the drilling site.16.4. Wastewater Pits and Freshwater Impoundments -- All field constructed wastewater pits and freshwater impoundments shall meet the following minimum requirements: 16.4.a. All pits and impoundments shall be constructed and maintained so as to prevent seepage, leakage or overflows and to maintain their integrity.16.4.b. Provisions shall be made for diverting surface water from the pits.16.4.c. All pits and impoundments shall have adequate freeboard to prevent overflow, and in no case shall the freeboard be less than approximately two (2) feet. When an operator is unable to maintain adequate freeboard to prevent overflow, the operator shall notify the district inspector and an additional pit (or alternative overflow facility) shall be constructed under the supervision of the Chief. The additional pit or alternative overflow facility shall also meet the requirements specified in this subsection (16.4).16.4.d. All pits and impoundments shall have an impermeable synthetic liner to prevent seepage or leakage, except those pits and impoundments deemed to be suitable to prevent seepage or leakage based on soil analyses from the operator and standards developed and certified by a registered professional engineer and approved by the Office. Before deeming pits suitable to prevent seepage or leakage without a synthetic liner, the Chief shall notify the surface owner that the surface owner is entitled to receive notice of the application for the well work permit and that the operator has requested that the pit be deemed suitable to prevent seepage or leakage without a synthetic liner. If the surface owner objects, the Chief shall hold a hearing pursuant to article five, chapter twenty-nine-A of the Code of West Virginia before determining that the pit is suitable to prevent seepage or leakage. All such liners shall be installed in such a manner as to protect the structural integrity of both pit or impoundment and liner.16.4.e. Dikes and embankments associated with pits and impoundments shall be constructed of compacted material and maintained with a slope that will preserve the structural integrity of such dike or embankment.16.4.f. All dikes and embankments shall be free of trees and other organic matter, large rocks, or any other material which could be reasonably expected to adversely affect the structural integrity of the dike or embankment.16.4.g. Reclamation of the pits and impoundments shall not cause an overflow and/or discharge of materials to waters of the state.16.4.h. All pits and alternative overflow prevention facilities shall be constructed, maintained, and reclaimed so as not to be left in such condition as to constitute a hazard or to prevent use of the surface for any use available prior to the well activity after the expiration of the six (6) month or extended period for reclamation prescribed by W. Va. Code § 22-6-30. The reclamation period for pits and impoundments permitted with multiple wells shall be calculated from the date the last well was drilled.16.5. Surface and Underground Water Pollution.16.5.a. Before commencing to drill any well for oil and gas, the well owner or operator shall make proper and adequate provision to prevent surface and underground water pollution.16.5.b. When rotary drilling penetrates a formation known to contain substantial amounts of salt water, drilling will continue to the next casing point by drilling with mud, foaming, or other satisfactory methods for the purpose of isolating the salt water in the formation or preventing the discharge of salt water per se into a fresh water horizon or to the surface of the ground. In the case of foaming, it is recognized that a certain amount of salt water mixed with the cuttings will be discharged above the surface of the ground, which will be contained in sump pits no larger than necessary for this purpose.16.6. Notifications Prior to Commencement of Work -- Prior to the construction of roads, locations and pits for any permitted well work, the operator or his contractor shall notify the appropriate oil and gas inspector and allow the opportunity of inspecting and approving the construction and method of reclamation for all proposed areas to be disturbed in siting, drilling, completing or producing the well. In addition, the well operator or his contractor shall notify the appropriate district oil and gas inspector twenty-four (24) hours before actual permitted well work is commenced.16.7. Requirements for Production and Gathering Pipelines. 16.7.a. This rule prescribes the minimum requirements for the safe and efficient installation of all production and gathering pipelines installed, relocated or replaced after June 9, 1983, which are not regulated by the United States Department of Transportation minimum safety standards applicable to pipelines.16.7.b. The Chief reserves the right to direct the burial of any line installed under this rule to protect the public safety, by order issued after notice and hearing under the Office's rules.16.7.c. Subject to the reservation in subdivision 16.7.b. above, production and gathering lines subject to this rule shall conform with the following: 16.7.c.1. Lines shall be buried where practical and reasonable, and practical and reasonable shall be construed to mean lines should be buried in the following situations: 16.7.c.1.A. Where the line crosses agricultural land as defined in W. Va. Code § 19-19-2;16.7.c.1.B. Where an unburied line would prohibit use of a pre-existing private roadway or other means of access to a part of or all of surface land;16.7.c.1.C. Where the line cannot more practically and reasonably be securely suspended to cross stream beds;16.7.c.1.D. Where the line crosses a public road, in which event it shall be buried and otherwise installed in accordance with the rules of the public agency having jurisdiction over the road; and16.7.c.1.E. Where the Chief decides prior to installation that burial would be practical and reasonable.16.7.c.2. All buried lines shall be installed with a minimum of eighteen (18) inches of cover, except where solid rock is encountered in which case the minimum cover shall be six (6) inches;16.7.c.3. Whenever a buried line crosses a pre-existing public or private roadway, the location of the line shall be clearly marked at the point of crossing by an appropriate marker; and16.7.c.4. A suitable conductive wire shall be installed with plastic pipe to facilitate locating it with an electronic pipe locator; Provided, that any other suitable material or means for accomplishing this purpose may be employed.16.7.d. Notwithstanding subdivision 16.7.c of this rule, the surface owner(s) of record of any tract subject to the provisions of W. Va. Code § 22-6-30(d) shall have the right to prescribe that a pipeline or specified parts thereof need not be buried. The prescription shall be on Form WR-75, "Permission Not to Bury Production or Gathering Line," unless it is included in the recorded right-of-way or lease under which pipeline is to be installed, which right-of-way or lease was granted by the then surface owner of record. Once executed and delivered to the person who proposed to install and operate the line, the prescription may not be revoked by any subsequent surface owner(s) of record.16.7.e. This rule shall not be construed to prohibit a surface owner from preparing a safe crossing of a pipeline for a new means to access of another part of his tract.16.8 Operating in Designated Mining Areas. 16.8.a. In the event the coal permit holder, by certified mail, return receipt requested, provides a gas operator with a Notice of Designated Mining Area, the operator shall disclose by markers or drawing on one or more maps all natural gas pipelines as provided in subdivision 16.8.b below. For such notices received within one (1) year from the effective date of this rule, such disclosure shall occur within six (6) months of receipt of the Notice of Designated Mining Area. For such notices received after the date that is one (1) year from the effective date of this rule, the disclosure shall occur within ninety (90) days of the date of the receipt of such notice, but the Chief may extend this time period by not more than ninety (90) days for good cause shown.16.8.b. Pipelines in designated mining areas. 16.8.b.1. All buried pipelines within a designated mining area shall be physically marked by the installation by or for the gas operator of above ground pipeline markers to be placed near the pipeline approximately along the line of sight, but not more than five hundred feet (500') apart. The pipeline markers shall be at least three feet (3') in height and include the word "Warning," "Caution," or "Danger" followed by the words "Gas Pipeline," all of which must be in letters at least one inch (25 millimeters) high with one-quarter inch (6.4 millimeters) stroke, and show the name of the operator and the ten digit telephone number (including area code) where the operator can be reached. Markers shall be within twenty feet (20') of the pipeline where practicable; Provided, That if the pipeline has been buried or moved by a third party, the pipeline shall be marked on a best-efforts basis and, in any event, the gas operator shall not be required to dig or excavate to uncover the line. Markers in place as of January 1, 2009 that substantially conform to this Rule need not be replaced. The gas operator does not have a duty to replace markers unless those markers are damaged, disturbed or destroyed by the gas operator or someone acting on his behalf.16.8.b.2. Unburied lines within a designated mining area will be marked as provided above or identified by providing the holder of the coal permit with computer-assisted or other drawings that show the approximate location of the unburied natural gas pipelines operated by that operator, or a topographical map on a scale no larger than one inch equals two thousand feet (1" = 2,000'), showing the approximate location of the operator's natural gas pipelines. The pipeline locations shown on the map shall be within three hundred feet (300') of the actual location of the line unless it has been buried or moved by a third party, in which event the map or drawings shall identify the line on a best-efforts basis.16.8.b.3. Pipeline markers should be placed where reasonably possible within "line of sight," but in such places where that may not be practical, other means may be used to establish markings along the line of sight, provided that the coal operator is informed of the alternative method of marking. Additionally, upon receipt of a Notice of Designated Mining Area, the gas operator shall provide the coal operator that provided the Notice of Designated Mining Area with a ten digit telephone number where the gas operator may be contacted.16.8.b.4. The provisions of this subdivision may be superseded by a written agreement between the gas operator and the coal operator, which allows for notice of the location of pipelines by providing drawings, computer-assisted or otherwise, a topographical map of a scale no less detailed than one inch equaling two thousand feet (1" = 2,000') or by providing the GPS coordinates of such pipeline: Provided, That a copy of said agreement has been supplied to the Director of Miners' Health, Safety, and Training and to the Chief.16.8.c. Gas operators who have received a Notice of Designated Mining Area shall have a continuing obligation to comply with the disclosure requirements of this section with respect to: (i) all new pipelines installed by the operator subsequent to the operator's initial disclosure; and (ii) all existing pipelines relocated by the gas operator elsewhere within a designated mining area subsequent to the operator's initial disclosure.16.8.d. Upon the operator providing the required maps, coordinates or drawings or upon the operator setting conforming pipeline markers, the operator shall certify to the Chief by notarized affidavit, sworn or attested under penalty of law, that, to the best of the operator's knowledge and belief, or that of the operator's authorized agent or representative: (i) the operator is aware of and understands its obligations pursuant to subdivision 16.8.a of this Rule; and (ii) the operator has complied fully therewith. The operator shall deliver a copy of the certification to the coal permit holder by certified mail, return receipt requested, to the address provided in the Notice of Designated Mining Area.16.8.e. So long as mining activities are ongoing, and excepting a bona fide emergency, a gas operator shall attempt to contact the coal permit holder whenever the operator enters or leaves the designated mining area. An attempt shall be deemed sufficient if the operator checks in at any staffed guard gate or entrance, or if the operator telephones the contact number listed in the Notice of Designated Mining Area in a good faith effort to communicate with the coal permit holder.16.8.f. If any provision of this section is deemed to conflict with the pipeline regulations of the United States Department of Transportation (DOT), then the DOT regulations shall prevail, be enforced, and govern the conduct otherwise subject to this section. Nothing in this section is intended to contravene any right or obligation imposed by contract, statute or the common law.