W. Va. Code R. § 58-35-6

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 58-35-6 - Planning and Waivers

6.1. The permit application, including the erosion and sediment control plan, submitted to the West Virginia Office of Oil and Gas, West Virginia Department of Environmental Protection, as part of the permitting process conducted by the operator shall comply with the provisions of this rule, and shall form the basic plan from which the provisions of this rule shall be implemented.

6.2. The Director may request a meeting for the purpose of discussing the plan and any modifications to the plan, which shall be in writing, as permitted by these rules, and the following shall be considered:

6.2.a. In addition to the features to identify in Manual, Section 1.A.5, the Director shall identify the following and request any appropriate modifications that have not already been made in order to avoid damage to state forest resources or interference with state forest uses:

6.2.a.1. Trails;

6.2.a.2. Archeological sites;

6.2.a.3. Picnic and other developed facilities;

6.2.a.4. Overlooks and their viewsheds;

6.2.a.5. Agencies, schools, and research organizations that use the state forest and their current and proposed usages of the forest for research and education that are known to the state forest superintendent;

6.2.a.6. Any reference streams designated or used by other agencies; and

6.2.a.7. The Director may require a well drilling location or new road construction to be moved if the same adversely impacts recreation use, natural resources, or other values.

6.2.b. In addition to the identification of significant features set out in Manual, Section I.A.5, the operator must check the Division of Natural Resources list of species that are endangered, threatened, "of concern", or rare to see if that list identifies any of them as being located in the area proposed to be disturbed. The operator must also check with the state forest superintendent for known locations of those plant and animal resources. If the Division of Natural Resources listing, information from the state forest superintendent, or if public comments on the proposed locations identifies locations of those species in the area intended to be disturbed, and the plant is identified or the plant community is verified by a qualified biologist then the operator must relocate the land disturbance, or mitigate the loss in another place that a qualified botanist determines is likely to succeed.

6.2.c. In determining the need for sediment controls, the Manual is a starting point, but difficult soil and other conditions may require more structures and other work be requested by the Director.

6.2.d.. In determining surface water control in Manual, Section 1.A.7, the Director must note surface water flow that will intersect possible road and site locations that will increase water on the road or site and require extra control, considering that cuts may cause groundwater to come on the road or site increasing flow and requiring extra controls.

6.2.e. In order to reduce the area impacted on roads that will be gated to the public, unless environmental conditions dictate otherwise or unless waived by the Director, roads at 7% slope or less shall be sloped with appropriate drainage control.

6.2.f. In determining revegetation needs and other requirements, these guidelines recognizes that state forests are unique lands for biological study, preservation, and recreation.

6.2.g. If the operator fails to meet with the Director within a time deemed reasonable by the Director to discuss the plan, the Director may order that the operator suspend operations.

6.3. The operator may request a meeting with the Director for the purpose of discussing the plan and any waivers to the plan as permitted by these rules. At any time, the operator may file a written request with the Director for the approval of a waiver of a requirement as permitted by this rule. A request for a waiver shall include:

6.3.a. The name and legal mailing address of the operators (and claimants if they are not the operators) and their lessees, assigns, or designees; and

6.3.b. Information sufficient to describe or identify the basis for the requested waiver including the type of operations proposed and how they would be conducted.

6.4. The Director shall analyze the request, considering the economics of the operation along with the other factors in determining the reasonableness of the request, and notify the operator the request was approved or disapproved within twenty-four hours for an operations waiver and ten days for a planning waiver.

6.5. Written modifications, waiver requests, waiver approvals and waiver denials shall be posted on the website of the Division of Natural Resources.

6.6. Waivers granted by the Director as permitted by this rule shall be documented in writing and distributed to the state forest superintendent and the operator in the field.

W. Va. Code R. § 58-35-6