W. Va. Code R. § 35-4-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 35-4-5 - Permits, Notice, Review

5.1. Reserved.

5.2. Application for Permit; Issuance, Conditions and Modifications.

5.2.a. An application for any well work permit required for an oil or gas well or an underground storage well by W. Va. Code § 22-6-6, except for permits to plug a well, shall be made on Form WW-2(B), "Application for Well Work Permit," and shall be accompanied by:

5.2.a.1. A "Notice of Application for a Well Work Permit" in the form prescribed by subsection 5.4 below;

5.2.a.2. A plat in the form prescribed by section 9 below;

5.2.a.3. A bond in one of the forms prescribed by section 10 below, or in lieu thereof cash or collateral security allowed by W. Va. Code § 22-6-26;

5.2.a.4. Form WW-9, "Construction and Reclamation Plan," applicable to the plan required by W. Va. Code § 22-6-6(d) and a plan for performing the reclamation required by W. Va. Code § 22-6-30 and section 16 below;

5.2.a.5. The applicable fee(s), which include:

5.2.a.5.A. Four Hundred Dollars and Zero Cents ($400.00) for the application to conduct well work, pursuant to W. Va. Code § 22-6-2(c)(10);

5.2.a.5.B. One Hundred Fifty Dollars and Zero Cents ($150.00) for the special reclamation fee, pursuant to W. Va. Code § 22-6-29(b); and/or

5.2.a.5.C. One Hundred Dollars and Zero Cents ($100.00) for a general permit registration fee.

5.2.a.6. If applicable, the consent required by W. Va. Code § 22-6-21.

5.2.b. Where there is more than one type of well work, a single application may be used provided all such well work is noted on the Form WW-2(B) filed in connection therewith.

5.2.c. An application for any liquid or waste disposal well permit required by W. Va. Code § 22-6-6, except a permit to plug a well, shall be made on Form WW-3(B), "Liquid Injection or Waste Disposal Well Work Permit Application," and shall be accompanied by:

5.2.c.1. A "Notice of Liquid Injection or Waste Disposal Application" in the form prescribed by subsection 5.4;

5.2.c.2. A plat in the form prescribed by section 9 below;

5.2.c.3. A bond in one of the forms prescribed by section 10 below, or in lieu thereof the cash or collateral security allowed by W. Va. Code § 22-6-14;

5.2.c.4. Form WW-9, "Construction and Reclamation Plan," applicable to the reclamation required by W. Va. Code § 22-6-30 and section 16 below; and

5.2.c.5. With the initial application to drill a well, the fees required by W. Va. Code §§ 22-6-2 and 22-6-29. A separate application for permit shall not be required for stimulating a well where stimulating is to be a part of the well work for which a permit is sought and such fact is noted on the Form WW-3(B) filed in connection therewith.

5.2.d. An application for a permit to plug a well shall be made on Form WW-4(B), "Application to Plug and Abandon a Well," and shall be accompanied by:

5.2.d.1. A "Notice of Application to Plug and Abandon a Well," in the form prescribed by subsection 5.4 below;

5.2.d.2. A plat in the form prescribed by section 9 below; and

5.2.d.3. A bond in one of the forms prescribed by section 10 below, or in lieu thereof cash or collateral security required by W. Va. Code § 22-6-23.

5.2.e. The applicant for any permit mentioned in this rule must file an original and two (2) copies of the application and an original and four (4) copies of the notice, plat and, except for application for a permit to plug a well, a construction and reclamation plan.

5.2.f. The permit and any conditions to or modifications of the proposed permitted well work shall be issued by endorsement on or attachment to the "Permit" copy of the Application (Form WW-2(B), WW-3(B), or WW-4(B), as applicable).

5.2.g. Any permit issued pursuant to this section shall expire automatically unless the permit well work is commenced within twenty-four (24) months of the date the permit was issued. No permit shall be extended to authorize the commencement of well work after the expiration date of twenty-four (24) months.

5.2.h. No permit issued under this section shall be transferable.

5.2.i. The determination to deny a permit under the provisions of W. Va. Code § 22-6-6(h) or to deny or condition a permit under the provisions of W. Va. Code § 22-6-11 shall be in writing and issued within sixty (60) days from the date the complete Notice and Application, including all required documents are filed.

5.2.j. Irrespective of the scope of the well work for which a permit was originally issued, a new application shall be filed for any well work subsequent to the expiration of the six-month or extended period for reclamation prescribed by W. Va. Code § 22-6-30.

5.3. Flat Well Royalty Leases.

5.3.a. Any application for a well work permit subject to the provisions of W. Va. Code § 22-6-8 shall include the data required by subsection (c) thereof. Such information may be recorded on the applicable form of the Notice of Application in lieu of filing copies of the well operator's lease or leases or other continuing contract or contracts.

5.3.b. If the applicant's right to extract, produce, or market the oil or gas is based upon a lease or leases or other continuing contract or contracts providing for a flat well royalty or any similar provision for compensation to the owner of the oil or gas in place that is not inherently related to the volume of oil and gas so extracted, produced, and marketed, then the affidavit to be furnished pursuant to W. Va. Code § 22-6-8(e) shall be submitted on Form WW-60.

5.4. Notice to Surface Owners of Record; Proof of Notice; Comments.

5.4.a. For purposes of notice of surface owners of record pursuant to W. Va. Code § 22-6-9, the applicant well operator shall be entitled to assume, subject to performing the public record review described in subdivision 5.4.b. below, that the specific person(s) listed on the relevant tax ticket(s) maintained by the Sheriff pursuant to W. Va. Code § 11A-1-8 (as distinguished from the listing of an estate, or of person(s) as "agent" or with "et al." or "heirs" or other designation indicating unspecified owners or record), were in fact surface owners of record when the tax ticket was prepared.

5.4.b. To establish that a surface owner identified on a tax ticket has not transferred an interest in the surface, the well operator must review, from the date the surface owner acquired the surface, or for ten (10) years prior to the date of the review, whichever period is shorter, the "Grantor Index" and the "Fiduciary Index" maintained in the office of the Clerk of the County Commission. If the review identifies surface owner(s) in replacement of or in addition to the tax ticket listing, all successor names shall likewise be checked in the Grantor and Fiduciary Indexes to establish the surface owner(s) of record on the date the review is made.

5.4.c. Where the relevant tax ticket(s) list an estate, or list person(s) as "agent" or with "et al." or "heirs" or other designation indicating unspecified owners of records in the office of the Clerk of the County Commission to determine whether the total number of such owners is more than three (3) and, if the total number of such owners is three (3) or less, the name(s) of the surface owner(s) of record on the date the review is made.

5.4.d. If the identification of the surface owners of record is made pursuant to the criteria of subdivisions 5.4.a. and 5.4.b. or 5.4.c. within ninety (90) days of the date of filing of the application for a permit, the well operator need not review the records again prior to the filing.

5.4.e. Except where notice by publication is permissible under the provisions of W. Va. Code § 22-6-9(b), the notice to surface owners of record required by W. Va. Code § 22-6-9 shall consist of true, complete copies of all documents required under subsection 5.2 of this rule, and a copy of the "Instructions to the Surface Owner" provided as part of the Office's application form.

5.4.f. Proof of personal service may be made by the return of any sheriff or other official empowered by law to serve process, or by affidavit of personal service on Form WW-70 by any person, including but not limited to any employee or agent of the well operator. If service is affected by certified mail, service is effective upon mailing and the return receipt card or other postal receipt for certified mailing with postal stamp affixed or photocopy will be accepted as proof of service.

5.4.g. Notice of publication under the provisions of W. Va. Code § 22-6-9(b) shall be substantially as provided in Form WW-71. Proof shall be supplied by affidavit of publication from the newspaper.

5.4.h. No permit will be issued until all required proofs of notice have been filed with the Chief.

5.4.i. All comments filed pursuant to the provisions of W. Va. Code § 22-6-10 shall be in writing, and should contain the name, address and telephone number of the person filing the comment, the well operator's name and well number, and the approximate location of the proposed well site including district and county as indicated in the permit application. Comments may be accompanied by other pertinent documents in support of the comment. Other than as prescribed in this rule, no particular form for the comment is prescribed.

5.5. Identification Markings.

5.5.a. Every well shall have attached or stamped, in a permanent manner, the API identification number which consists of the state (47), county (001 through 109), and permit number. Such number shall be no less than one-half (1/2) inch in height and detectable by any interested person approaching the well. Any additional information the well operator may desire to display may be incorporated in the permanent identification plat or stamp in such a manner that it will not confuse or distort the permanent API identification number.

5.5.b. Except as provided below, upon the completion of the plugging and filling of any abandoned well, a permanent monument or marker consisting of a length of pipe (minimum diameter size six (6) inches) filled with concrete (or the equivalent thereof if approved by the Chief) shall be erected over the well; the marker shall extend no less than thirty (30) inches above the surface and not less than ten (10) feet below the surface and into the well, and shall be sealed with concrete for the purpose of making the marker permanent. The API well identification number which consists of the state (47), county (001 through 109), and permit number shall be attached or stamped in a permanent manner to said monument; and such numbering shall be no less than one half (1/2) inch in height and detectable by any interested person approaching the marker. The erection of the marker shall in no way interfere with the bleeder pipe from the well where such pipe is required, or the vent or other device installed pursuant to W. Va. Code § 22-6-24. Such manner shall be accurately described on Form WR-38, "Affidavit of Plugging and Filling Well" (see subsection 13.10 below) as to time and manner of plugging and filling the well, and shall be approved by the Chief as a satisfactory landmark that may be used as such in the location of adjacent wells. Two (2) permanent reference points with courses and distances from the abandoned well shall be designated and prescribed on the plat required by subdivision 5.2.d above in the form prescribed by section 9 below, accompanying Form WW-4, "Notice of Intention to Plug and Abandon a Well," if any change in the plat is necessary, accompanying Form IV-38, "Affidavit of Plugging and Filling Well" (see subsection 13.10 below).

5.6. Parties Responsible. All contractors and drillers, including all service companies carrying on business or doing work in oil and gas fields in West Virginia, as well as lease holders and operators generally, shall take notice of and are hereby directed to observe and apply the provisions of W. Va. Code §22-6 and this rule; and all contractors, drillers, service companies and operators shall be held responsible for violations thereof.

5.7. Evidence of Performance.

5.7.a. After the completion of the work authorized to be done by any permit required by W. Va. Code § 22-6-6, the permittee shall comply with filing requirements of W. Va. Code § 22-6-22 and section 12 of this rule.

5.7.b. In addition to the requirements of subdivision 5.7.a, following completion of plugging a well, the permittee shall also comply with the affidavit requirements of W. Va. Code § 22-6-23 and subsection 13.10 below.

W. Va. Code R. § 35-4-5