Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-8-5 - Permits, Notice, Review5.1. Application for Permit; Issuance, Conditions and Modifications. 5.1.a. An application for any well work permit required for a horizontal well by W. Va. Code § 22-6A-7, except for permits to plug a well, shall be made on Form WW-6B, "Well Work Permit Application," and shall be accompanied by: 5.1.a.1. A "Notice of Application for a Well Work Permit" in the form prescribed by subsection 5.3 below;5.1.a.2. A plat in the form prescribed by section 6 below;5.1.a.3. A bond in one of the forms prescribed by section 8 below, or in lieu thereof cash or collateral security allowed by W. Va. Code § 22-6A-15;5.1.a.4. Form WW-9, "Construction and Reclamation Plan," as required by W. Va. Code § 22-6A-7(c)(1) and a plan for performing the reclamation required by W. Va. Code § 22-6A-14 and section 12 below;5.1.a.5. Form WW-6B, "Casing and Cementing Plan," as required by W. Va. Code § 22-6A-7(b)(8) and subsection 9.2 below;5.1.a.6. The "Water Management Plan," as required by W. Va. Code § 22-6A-7(e) and subsection 5.6 below;5.1.a.7. The applicable fee(s), which include:5.1.a.7.A. Ten thousand dollars ($10,000) for the initial horizontal well drilled at a location and five thousand dollars ($5,000) for each additional horizontal well drilled on a single well pad at the same location, pursuant to W. Va. Code § 22-6A-7(g);5.1.a.7.B. One Hundred Fifty Dollars ($150) for the special reclamation fee, pursuant to W. Va. Code § 22-6A-5(a)(17); and5.1.a.7.C. One Hundred Dollars ($100) for a general permit registration fee.5.1.a.8. If applicable, the consent required by W. Va. Code § 22-6A-12(a).5.1.b. Where there is more than one type of well work, a single application may be used so long as all well work is noted on the Form WW-6B filed in connection therewith. Form WW-6B shall also include: 5.1.b.1. The casing program, as detailed in section 9.2 of this rule;5.1.b.2. The anticipated depth and thickness of any producing formation, expected pressures, anticipated fresh groundwater zones, and the method or information by which the depth of the deepest fresh groundwater zone was determined;5.1.b.3. The diameter of the borehole.5.1.b.4. The casing type, whether the casing to be used is new or used, and the depth, diameter, wall thickness, and burst pressure rating for the casing;5.1.b.5. The cement type, yield, additives, and estimated amount of cement to be used;5.1.b.6. The estimated location of centralizers;5.1.b.7. The proposed borehole conditioning procedures; and5.1.b.8. Any alternative methods or materials required by the Chief as a condition of the well work permit.5.1.c. 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:5.1.c.1. A "Notice of Application to Plug and Abandon a Well," in the form prescribed by the Chief;5.1.c.2. A plat in the form prescribed by section 6 below unless the operator complies with subdivision 19.1.f. below; and5.1.c.3. A bond in one of the forms prescribed by section 8 below, or in lieu thereof cash or collateral security required by W. Va. Code § 22-6A-15.5.1.d. The applicant for any permit mentioned in this rule must file an original and two (2) copies of the application and the plans associated with the application.5.1.e. 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-6B or WW-4(B) as applicable) and the Water Management Plan Approval.5.1.f. Any permit issued pursuant to this section shall expire automatically unless the permitted 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 of twenty-four (24) months from the date the permit was issued.5.1.g. Irrespective of the scope of the well work for which a permit was originally issued, the operator shall file a new application for any well work performed subsequent to the expiration of the reclamation period, including any extensions granted pursuant to W. Va. Code § 22-6A-14.5.1.h. In the event an operator drilling a horizontal well encounters conditions or experiences events in the borehole prior to reaching the intended total depth of the permitted well work, which conditions or events result in the inability to drill to the intended total depth of the permitted well work, the operator may submit an application to the Chief requesting permission to drill a new, replacement borehole. The notice and comment periods provided by W. Va. Code § 22-6A-10 that accompanied the original borehole shall satisfy the notice and comment requirements for the new, replacement borehole permit application, except that the operator shall provide notice to the coal owner, operator or lessee as required by W. Va. Code § 22-6A-10(b)(3). The objection period associated with the notice to the coal owner, operator or lessee may be waived pursuant to the provisions of W. Va. Code § 22-6A-8(b). The new, replacement borehole permit application must be identical to the original well work permit application, with the exception of the location coordinates for the new, replacement borehole and any necessary revisions to the casing program or design. The new, replacement borehole must be located on the same well pad as the original borehole, and it must meet all applicable spacing requirements. The original borehole must be plugged in a manner approved by the Chief. Verbal permission to plug the existing borehole may be granted by the Chief or the Chief's designee in the event the drilling operations have been continually progressing on the hole to be plugged. Within five (5) days of commencement of plugging operations, the operator shall submit a plugging permit application to the Chief and provide notice as provided by W. Va. Code § 22-6A-10(b).5.1.i. In any area having karst terrain, as identified, mapped, and published by the West Virginia Geological and Economic Survey, prior to submitting its application, the operator shall conduct testing at the proposed drilling site in order to identify caves and other voids, faults and relevant features in the strata. The operator shall also conduct testing to identify surface features such as sinkholes. The results of these tests shall accompany the permit application.5.2. Flat Well Royalty Leases. 5.2.a. Any application for a well work permit subject to the provisions of W. Va. Code § 22-6A-5(a)(5) shall include the information required by W. Va. Code § 22-6-8(c). The required 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.5.2.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-60.5.3. Notice to Surface Owners of Record; Proof of Notice; Comments. 5.3.a. For purposes of notice of surface owners of record pursuant to W. Va. Code §§ 22-6A-10 and 22-6A-16, the applicant well operator is entitled to assume, subject to performing the public record review described in subdivision 5.3.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.5.3.b. To establish that a surface owner identified on a tax ticket has not transferred an interest in the surface, the applicant 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. If more than three tenants in common or other co-owners of interests described in W. Va. Code § 22-6A-10(c)(1) hold interests in the lands, the applicant may serve the documents required upon the person described in the records of the sheriff required to be maintained pursuant to W. Va. Code § 11A-1-8.5.3.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 record, the applicant well operator must use records in the office of the Clerk of the County Commission to determine whether the total number of 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.5.3.d. If the identification of the surface owners of record is made pursuant to the criteria of subdivisions 5.3.a. and 5.3.b. or 5.3.c. within ninety (90) days of the date of filing the application for a permit, the applicant well operator need not review the records again prior to the filing.5.3.e. 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 applicant 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.5.3.f. No permit will be issued until all required proofs of notice have been filed with the Chief.5.3.g. All comments filed pursuant to the provisions of W. Va. Code §§ 22-6A-10(e) and 22-6A-11 shall be in writing and should contain the name, address, and telephone number of the person filing the comment, the applicant 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.5.4. Erosion and Sediment Control Plan5.4.a. Erosion and sediment control plans submitted in conjunction with applications for well work permits involving well sites that disturb three acres or more of surface (excluding pipelines, gathering lines, and roads) shall be certified by, and constructed in accordance with plans certified by, a West Virginia registered professional engineer and in compliance with best management practices (BMPs) established by the Chief and provided in the Office's erosion and sediment control field manual, and contain both a narrative and a set of drawings. The plans shall be considered conditions of the permit and be enforceable as such.5.4.b. The narrative components of the plan shall include:5.4.b.1. A general sequence of events that describe in relative terms how and when each construction phase (i.e. clearing and grubbing, mass grading, stabilization) will occur and when each erosion and sediment control BMP will be installed;5.4.b.2. A description of the stabilization methods to be used, including the application rates for temporary and permanent seeding and mulching, as well as the timeframes for establishing stabilization; and5.4.b.3. Details or specifications for the erosion and sediment control BMPs employed on the project.5.4.c. The drawings submitted with the plan shall include: 5.4.c.1. A vicinity map locating the site in relation to the surrounding area and roads;5.4.c.2. A plan view site map at a scale of one inch equal to one hundred feet (1" = 100') or greater, showing appropriate detail of all site features, including the identification of site access that provides for a stabilized construction entrance and exit to reduce tracking of sediment onto public or private roads; and5.4.c.3. The location of all proposed erosion and sediment control BMPs.5.5. Site Construction Plan 5.5.a. All applications for well work permits involving well sites that will disturb three acres or more of surface (excluding pipelines, gathering lines, and roads) shall be accompanied by a site construction plan certified by, and constructed in accordance with plans certified by, a West Virginia registered professional engineer. The plan shall describe the nature and purpose of the construction project and identify the procedures for construction that will be used to achieve site stability. The plan shall be considered conditions of the permit and be enforceable as such.5.5.b. The site construction plan shall contain the following information: 5.5.b.1. A vicinity map locating the site in relation to the surrounding area and roads;5.5.b.2. A plan view site map at a scale of one inch equal to one hundred feet (1" = 100') or greater that shows appropriate detail of all site features and: 5.5.b.2.A. Clearly identifies the limit of disturbance for the project;5.5.b.2.B. Provides existing topographic information on a contour interval that affords sufficient detail to illustrate site terrain conditions;5.5.b.2.C. Identifies proposed cut and fill areas with grading contours at an interval that provides sufficient detail to accurately depict slope ratios, indicating top and bottom of slopes; and5.5.b.2.D. Identifies any existing structures, roads, water bodies, karst terrain, and other critical areas within the area that would most likely be affected by the construction.5.5.b.3. A cross-section of the length and width of the location, providing cut and fill volumes; and5.5.b.4. Any other engineering designs or drawings necessary to construct the project.5.5.c. At a minimum, site construction shall be conducted in accordance with the following criteria: 5.5.c.1. All woody material, brush, and trees shall be cleared from the site area and the cleared area kept to the minimum necessary for proper construction, including the installation of necessary sediment controls. Trees six inches (6") in diameter and larger shall be cut and logs stacked, unless agreed to otherwise by the operator and timber owner. However, in no case shall organic material be buried;5.5.c.2. Topsoil shall be removed from construction areas and stockpiled for reuse during reclamation. In woodland areas, tree stumps, large roots, large rocks, tree and leaf debris, and ground vegetation shall be removed prior to actual site construction;5.5.c.3. No embankment fill shall be placed on frozen material;5.5.c.4. The fill material shall be clean mineral soil, free of roots, woody vegetation, stumps, sod, large rocks, frozen soil or other objectionable material;5.5.c.5. Embankment material shall exhibit adequate soil strength and contain the proper amount of moisture to ensure that compaction will be achieved;5.5.c.6. Earthen fill slopes shall be constructed with slopes no steeper than a ratio of two-to-one (2:1) horizontal to vertical; 5.5.c.7. Soil fill material shall be placed in lifts or layers over the area to receive the fill. Soil lift thickness shall be between six (6") and twelve (12") inches, provided that proper compaction can be achieved throughout the entire thickness of the lift.5.5.c.8. The size of rock lifts shall not exceed thirty-six inches (36"). The rock shall not be greater in any dimension than thirty-six inches (36");5.5.c.9. Compaction shall be obtained by compaction equipment so that the entire surface of each fill lift is compacted to an appropriate density. Each lift shall be compacted before beginning the next lift. Minimum compaction requirements for embankment fills shall be ninety-five percent (95%) of the Standard Proctor density as established in the American Society for Testing and Materials' "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" (ASTM D-698). After determination of the required parameters indicated by the soil tests, the engineer shall specify an acceptable moisture range.5.5.c.10. Surface water diversion ditches shall be constructed above the disturbed area and maintained to intercept water and to divert surface water runoff around the site; and5.5.c.11. In areas of steep terrain, a terraced bench shall be constructed at the base of the slope where fill is to be placed, creating a toe foundation and aid in holding fill material. Additional terracing shall be constructed for each additional fifty vertical feet (50') of slope and shall be a minimum of ten feet (10') wide.5.5.c.12. Well pads shall be fully enclosed by berm structures or an engineered berm equivalent approved by the Chief. If an earthen berm is employed, the berm shall be a minimum of two feet (2') in height with a two foot (2') top. Minimum compaction requirements for raised earthen berms shall be the same as those for embankment fills as set forth in subdivision 5.5.c.9 above and have maximum side slopes of one and one-half horizontal to one vertical (1.5: 1). The area where the access road meets the well pad shall be equipped with a mountable berm structure. Sumps may be installed to release stormwater from the pad with the exception of when drilling and completion activities are in progress. 5.6. Water Management Plan 5.6.a. All applications for well work permits shall include an estimation of the volume of water that will be used in conjunction with drilling, fracturing or stimulating the well for which the permit is sought and, if the drilling, fracturing or stimulating of the well requires the use of water obtained by withdrawals from waters of this State in amounts that exceed two hundred ten thousand (210,000) gallons during any thirty-day period, the application for a well work permit shall include a water management plan.[1] The water management plan is considered a condition of the permit, and it is enforceable as such.5.6.b. The water management plan, which may be submitted either on an individual well basis or on a watershed basis, shall include the following information:5.6.b.1. The type of water source, such as surface or groundwater, the county in which each water source to be used for water withdrawals is located, and the latitude and longitude of each anticipated withdrawal location;5.6.b.2. The anticipated volume of each water withdrawal;5.6.b.3. The anticipated months when water withdrawals will be made;5.6.b.4. The planned management and disposition of wastewater from fracturing, stimulation, and production activities;5.6.b.5. A listing of the anticipated chemical additives, including Chemical Abstract Service (CAS) registry numbers, that may be used in the hydraulic fracturing or stimulating of the well, and, upon well completion, a listing of the chemical additives, including CAS registry numbers, that were actually used in the hydraulic fracturing or stimulating of the well shall be submitted as part of the completion report required by W. Va. Code § 22-6A-5(a)(14) and section 10 below;5.6.b.6. For all groundwater withdrawals, the results of an aquifer test, as defined in subparagraph 9.1.a.4.A. below supporting the feasibility of the water supply well as a water source at a proposed pump rate.5.6.c. For all surface water withdrawals, the water management plan shall include the following, in addition to the information required in subdivision 5.6.b above: 5.6.c.1. Identification of the current designated and existing water uses, including any public water intakes within one mile downstream of the withdrawal location;5.6.c.2. A demonstration, using methods acceptable to the Secretary, that sufficient in-stream flow will be available immediately downstream of the point of withdrawal. Sufficient in-stream flow is maintained when pass-by flow that is protective of the identified use of the stream is preserved immediately downstream of the point of withdrawal; and5.6.c.3. Identification of the methods to be used to minimize significant adverse impact to aquatic life.5.6.d. As part of the agency's approval of a proposed Water Management Plan, the agency will provide to the operator both a minimum stream flow requirement at a specified United States Geological Survey-operated stream gauging station and a minimum pass-by flow requirement that must be maintained immediately downstream of each proposed surface water withdrawal point. For proposed groundwater withdrawal locations, the agency shall review the operator's aquifer test data to evaluate the appropriateness of the proposed withdrawal rate. In some cases, groundwater withdrawal locations may be provided a minimum stream flow requirement that must be maintained. Operators receiving withdrawal thresholds from the agency must adhere to both the minimum gauge reading and pass-by flow requirements. Demonstration that pass-by flow requirements are met must be done in a manner acceptable to the Secretary. At withdrawal locations where operators monitor stream flow to ensure minimum pass-by flows are maintained in accordance with paragraph 9.1.a.1., such findings shall be sufficient for commencement of a withdrawal.5.6.e. Signage shall be posted at each water withdrawal site that: discloses that the location is a water withdrawal point; includes the water withdrawal site name as defined in the approved water management plan; identifies the operator and well pad name(s) for which the water will be used; and provides a contact telephone number for that operator and a contact telephone number and website address for the Office of Oil and Gas.5.6.f. Wastewater generated from drilling, fracturing, stimulation, and production activities may be used for drilling, fracturing, and stimulation activities. Any wastewater brought from another well location shall be stored in pits or tanks or centralized waste pit facilities to be used at the new well location. The use of wastewater shall be identified in the plan.5.7. Well Site Safety Plan 5.7.a. All applications for well work permits shall be accompanied by a well site safety plan to address proper safety measures to be employed for the protection of persons on the well site, as well as the general public in the area surrounding the well site. Each plan shall be specific to the well site described in the permit application and include the surrounding area. The plan shall encompass all aspects of the operation, including the actual well work for which the permit is sought, the anticipated Safety Data Sheets (SDS) for the chemical components added to the hydraulic fracturing fluid, and completion, production, and work-over activities. It shall be made available on the well site during all phases of the operation and provide an emergency point of contact and twenty-four (24)-hour contact information for the well operator. At least seven (7) days before commencement of well work or site preparation work that involves any disturbance of the land, the well operator shall provide a copy of the well site safety plan to the local emergency planning committee (LEPC) for the emergency planning district in which the well work will occur or to the county office of emergency services. The operator shall also provide one copy of the Well Site Safety Plan to the surface owner, any water purveyor and any surface owner subject to notice and water testing as provided in section 15 of this rule: Provided, That in the event the Well Site Safety Plan previously provided to a surface owner, water purveyor or surface owner, is later amended, in whole or in part, the operator shall provide a copy of the amendments to the surface owner, water purveyor or surface owner. The operator should work closely with the local first responders to familiarize them with potential incidents that are related to oil and gas development, so that the local first responders have the information they need to provide the support necessary for the operator to implement the well site safety plan. The well site safety plan shall include, at a minimum, the information contained in subdivision 5.7.b. through 5.7.h.5.7.b. Siting Requirements 5.7.b.1. A plan view map showing the well location, access road, pits, flare lines, dwellings, and noting the north and prevailing wind directions;5.7.b.2. An area topographical map showing the well site location that includes latitude and longitude coordinates at the well site entrance and the point at which the access road intersects with the public road, which shall be identified by route number and/or name;5.7.b.3. An evacuation plan for the removal of personnel and residents in the surrounding area who have the potential to be affected by an emergency;5.7.b.4. A list of telephone numbers, including twenty-four (24)-hour contact information, for the following entities: the operator, any known contractors of the operator that will be on the site, the Department, the oil and gas inspector, the oil and gas inspector supervisor, and local emergency response units. This information shall be provided for all remaining contractors at the pre-spud meeting; and5.7.b.5. A list of all schools and public facilities within a one-mile radius of the proposed well site, including telephone numbers for the same.5.7.c. Well Control and Blowout Preventer (BOP) Requirements5.7.c.1. A list of all BOP equipment and casing heads, including types, sizes, and ratings used during drilling, completion, and work-over operations shall be maintained on site;5.7.c.2. The procedure and schedule for testing the BOP stack as follows: for the bottom and horizontal wellbore drilling phase, the BOP equipment shall be function tested upon initial installation, weekly, and after each bit trip unless otherwise authorized by the Office as part of a well work permit. It shall be pressure tested upon initial installation and every twenty-one (21) days thereafter. All pressure tests shall be performed for thirty (30) minutes. Annular preventers should be tested to seventy percent (70%) of the rated capacity and ram preventers should be tested to eighty percent (80%) of the rated capacity.5.7.c.3. A schedule for BOP equipment installation and operation on the applicable casing string;5.7.c.4. A list of all personnel with approved well control training and current certification recognized by the International Association of Drilling Contractors (IADC) shall be provided to the Office prior to the pre-spud meeting;5.7.c.5 A detailed record of significant events, including without limitation lost circulation, the presence of hydrogen sulfide gas, fluid entry, kicks, and abnormal pressures. The operator shall immediately notify the oil and gas inspector of the presence of hydrogen sulfide gas at concentrations of ten parts per million (10 ppm) or greater or any blow-out or significant kick;5.7.c.6. A schematic and description of the wellhead assembly placed on the well upon completion;5.7.c.7. A protocol and established safeguards designed to prevent underground collisions during any drilling on multi-well pads; and5.7.c.8. Protection of High Pressure, Large Volume Wells - On all wells where high pressure or large volume can be reasonably expected, properly working pressure BOP equipment shall be used on the inner string of casing at all times. When the inner string of casing has been placed in the well and cemented in, the casing and BOP equipment shall be properly configured, installed, and tested by operation and pressure to a minimum pressure that is commensurate with the objective formation pressure or zones with anticipated high pressure or large volume gases before drilling is continued.5.7.d. Well Killing Operations Requirements 5.7.d.1. An inventory of all material that will be on site for the mixing of mud, including the amount of mixed mud, mixed mud weight, amount of additional weighting material (i.e. barite or bentonite), and the volume of water for mixing;5.7.d.2. The number and type of mixing units that will be utilized for the mixing of mud; and5.7.d.3. The methodology and type of kill procedures as recognized by the IADC.5.7.e. Hydrogen Sulfide Operations Requirements 5.7.e.1. The equipment and method used for the monitoring, detection, and warning of the presence of hydrogen sulfide gas during drilling, completion, and work-over operations, specifying the location of the monitoring and detection equipment;5.7.e.2. A statement of the training to be provided or that has been provided to all personnel who will be involved in hydrogen sulfide operations;5.7.e.3. A list of the personal protective equipment (PPE) that will be maintained on the well site when in areas where hydrogen sulfide gas is likely to be encountered; and5.7.e.4. The method that will be used to notify the oil and gas inspector and the Chief of the presence of hydrogen sulfide gas and how the operator will control access to the same.5.7.f. Notification and Protection Zones Requirements5.7.f.1. The operator shall establish a method of notification to all residents and emergency response personnel who may be affected by specific events during the operation. Such events may include, without limitation, the presence of hydrogen sulfide gas, blow-outs, wet gas flowback periods, and flaring.5.7.f.2. The operator shall establish and maintain protection zones during applicable events and working environments.5.7.f.3. Accidents - If any explosion or other accident causing loss of life or serious personal injury occurs in or about a well or well work on a well, the well operator or its contractor shall give notice, stating the particulars of the explosion or accident, to the oil and gas inspector and the Chief.5.7.g. Safety Data Sheets (SDS) for all materials and chemicals on the well site shall be readily available and maintained at the well site. The safety plan should identify the location of the SDS and contact information for the person(s) who are responsible for maintaining them.5.7.h. Safety meetings shall be held on-site weekly, at a minimum, and specifically prior to the beginning of drilling (pre-spud meeting), completion, and work-over operations. Meeting attendance shall be logged, and the log shall be maintained on site during operations. A check-in and check-out list of all personnel shall be maintained during the drilling and completion phases of the operation, as well as a system for logging personnel and visitors to the drilling location to allow for an accurate count of people on the site at any time. The oil and gas inspector shall be notified forty-eight (48) hours prior to the pre-spud meeting.5.8. Identification Markings. 5.8.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. The number shall be no less than one-half inch (1/2") 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 a manner that will not confuse or distort the permanent API identification number.5.8.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 inches (6")) 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 inches (30") above the surface and not less than ten feet (10') 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, as described above, shall be attached or stamped in a permanent manner to the monument, and the numbering shall be no less than one half inch (1/2") 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 the plugging requirements of the Office. The manner of plugging and filling the well shall be accurately described on Form WR-38, "Affidavit of Plugging and Filling Well" 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 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 section 6 of this rule in a form approved by the Chief, accompanying Form WW-4, "Notice of Intention to Plug and Abandon a Well" and, if any change in the plat is necessary, accompanying Form IV-38, "Affidavit of Plugging and Filling Well".5.9. Parties Responsible. - All contractors and drillers, including all service companies carrying on business or doing work in oil and natural 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 § 22-6A-1, et seq. and this rule; and all contractors, drillers, service companies, and operators shall be held responsible for violations thereof. 5.10. Evidence of Performance. 5.10.a. After the completion of the work authorized to be done by any permit required by W. Va. Code § 22-6A-7, the permittee shall comply with filing requirements of W. Va. Code § 22-6A-5(a)(14) and section 11 of this rule.5.10.b. In addition to the requirements of subdivision 5.10.a, following completion of plugging a well, the operator shall also comply with the affidavit requirements of the Office.5.11. Area of Review-- The permittee shall review the area surrounding the proposed well pad so as to identify and evaluate potential conduits for unintended fracture propagation, a report of which the permittee shall provide to the Office with the application for well work. All existing active, plugged, abandoned, and undocumented wells within a five hundred feet (500') radius of the surface location of the well that is the subject of the new application and within a five hundred feet (500') radius of the lateral section of the wellbore shall be considered for the potential of unintended fracture propagation. The report shall detail those wells that are known or reasonably expected to penetrate a depth that could be within the range of the fracture propagation. The detail shall include at a minimum the API number, operator name, total depth, perforated formation(s) and producing zones not perforated.5.12 The operator shall comply with all provisions set forth in the permit as approved, including all associated plans required by this section.1 This Rule in no way abrogates the statutory requirement that water withdrawals in excess of three hundred thousand (300,000) gallons per calendar month be registered with the Division of Water and Waste Management. See, W. Va. Code § 22-26-1, et seq.