W. Va. Code R. § 36-11-5
No person, shall reopen for any purpose any old or abandoned mine without first giving the Director of the Department of Energy ten (10) days written notice. Such notice shall state clearly the name or names of the owner or owners of the mine proposed to be reopened.
Upon receipt of such notice, the Director of the Department of Energy shall have his representative present at the time at the mine designated in the notice for such opening, who shall have full authority necessary to protect the health and safety of those persons performing such work.
No old or abandoned mine shall be reopened for the purpose of producing coal unless a permit approval is obtained from the Director of the Department of Energy as required by Chapter 22A, Article 2, Section 63 of the West Virginia Code.
W. Va. Code R. § 36-11-5