West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-19 - Plugging, Abandonment, and Reclamation

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Notice and Application to Plug and
		Abandon; Time of Filing. -- Prior to the commencement of plugging operations and
		the abandonment of any well, the well operator shall:
19.1.a. Notify, by registered or certified mail
		or any form of correspondence that evidences receipt (i.e. facsimile or
		electronic mail), the Chief and the coal operator operating coal seams, the coal
		seam owner of record or lessee of record, if any, to whom notices are required to
		be given by W. Va. Code §
										22-6A-10, of its intention to plug and abandon the
		well(s) (using the form of notice provided by the Chief), giving the API number
		of the well and its location, and fixing the time at which the work of plugging
		and filling will be commenced, which time shall be not less than five (5) days
		after the day on which the notice so transmitted is received by the Chief, in
		order that a representative or representatives of the Chief and the coal
		operator, owner or lessee, if any, may be present at the plugging and filling of
		the well:
Provided
, That whether the representatives appear or
		do not appear, the well operator may proceed at the time fixed to plug and fill
		the well in the manner hereinafter described;
19.1.b. First obtain the written approval of
		the Chief and the coal operator, owner or lessee, if any; or
19.1.c. In the event the well to be plugged and
		abandoned is one on which drilling or reworking operations have been continuously
		progressing pursuant to authorization granted by the Chief, first obtain the
		verbal permission of the Chief or the Chief's designated representative to plug
		and abandon the well, except that the well operator shall, within a reasonable
		period not to exceed five (5) days after the commencement of the plugging
		operations, give the written notices required by W. Va. Code §
										22-6A-10.
19.1.d. The Notice of
		Intention to Plug and Abandon a Well required by W. Va. Code §
										22-6A-10
		shall conform to subdivision 5.1.c. of this rule.
19.1.e. The well operator shall also submit
		copies of all logs in its possession upon specific request by the Chief, pursuant
		to W. Va. Code §
										22-6A-7(b)(10).
19.1.f. The well operator shall not be required
		to prepare or submit to the Chief a plat prior to the commencement of plugging
		operations as long as a plat pertaining to the particular well is on file with
		the Office and accurately identifies the location of the well, or so long as
		there is also on file with the Office the coordinates of the well established by
		a global positioning system (GPS). The coordinates established by a GPS must be
		filed with the Office in either a written or electronic form prescribed by the
		Chief. The GPS used to establish the coordinates shall be accurate within the
		variance allowed by law for the distance between the actual location of the well
		and location shown on the plat that is required to be filed with a well work
		permit application,.
19.1.g. No well
		may be plugged or abandoned unless, prior to the commencement of activities
		associated with those operations, the operator furnishes a bond to the Chief as
		provided in W. Va. Code §
										22-6A-15. In no event prior to the commencement of
		plugging operations shall a lessee under a lease covering a well be required to
		give or sell the well to any person owning an interest in the well, including,
		but not limited to, the respective lessor or agent of the lessor, nor may the
		lessee be required to grant a person with an interest in the well, including, but
		not limited to, the respective lessor or agent of the lessor an opportunity to
		qualify to continue operation of the well in accordance with W. Va. Code §
										22-6A-15.