Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-14-3 - Requirements for a Certificate of Approval3.1 Applicability - An application and certificate of approval is required for any placement, construction, modification, enlargement, alteration, repair or removal of a dam after June 13, 1973, pertaining to the exploration, development, production, storage and recovery of oil and gas, and related mineral resources in this state. The Director of the Department of Energy, Division of Oil and Gas shall give notice to file an application for a certificate of approval to every owner of such a dam completed prior to July 1, 1973, that has not been issued a certificate of approval pursuant to W.Va. Code §§ 20-5D-1 through 14, as of the effective date of this rule.. Any person who wishes to construct, modify, or remove such a dam or who is notified by said Director shall (a) file an application for a certificate of approval with the Department of Energy, Division of Oil and Gas and (b) obtain from said Division a certificate of approval, unless such person has applied for and been issued a certificate of approval pursuant to W.Va. Code §§ 20-5D-1 through 14, as of the effective date of this rule.3.2 Application Requirements - An application for a certificate of approval shall be prepared by or under the direct supervision of a registered professional engineer. The application shall be on forms prescribed by the Director of the Division of oil and Gas of the Department of Energy and shall include one set of maps and drawings on standard 24" by 36" size plan sheets with two copies of an engineering report. The engineering report shall satisfy the requirements of Section 4.