What’s InsIdeOVER THE WEIRS....................... 4THE CERTIFICATION AND TRAINING PROGRAM ............. 5WASTEWATER OPERATOR CERTIFICATION SUMMARY ... 10SAGO WINS BEDELL AWARD .... 11HATFIELD AWARD GIVEN TO KEVIN COMPTON .................... 122011 SCHOLARSHIP WINNER ... 12WEF TEC 2011 ............................. 14PICTORIALS ................................ 15WVDEP ASSISTANT CHIEF MIKE JOHNSON, P.E., RETIRES ...... 24ABOUT WATER QUALITY ........... 25VANCE’S GLANCES .................... 26

Fall 2011

Mountain Currents

West VirginiaWater Environment Association

Mountain Currents

Page 4 Fall 2011

Over the WeirsBy: Fred Roman, Editor in ChiefMOUNTAIN CURRENTS

• Clay Lutz was a friend of mine… It’s hard to believe he’s been gone over a year now. Rest in Peace, Clay.

• I hope everyone that attended our recent WV WEA / AWWA Conference in May had a wonderful time. This year’s get-together was located at the beautiful and scenic Oglebay Resort in Wheeling WV. With over 100 members from each association attending, the 2011 conference was considered by many to be the best

yet. Highlights from the event include the annual golf outing on Sunday morning followed by the ever popular joint conference picnic. Both associations had several interesting technical sessions to attend during the 4 day event. The conference was highlighted with the Awards Banquet on Tuesday night. See the article on award winners later on in the publication.

• The WV WEA was pleased to welcome Chris Browning, Treasurer for the Water Environment Federation (WEF) as our national representative for the annual conference. Chris brought a wealth of knowledge and over 30 years of experience with him to our event and was very approachable throughout the conference. Mr. Browning is vice president of the McKim and Creed Consulting Firm which provides development and technical assistance to their clients in Georgia and throughout the southeast with a firm focus on improving the operation and management of their utilities.

Mr. Browning has been honored with the WEF Service Award (1997), WEF Outgoing Director Award (2005), Arthur Sidney Bedell Award (2004), WEF

Past Chair Award (2009), GAWP Life Member Award (2008), GAWP Charles Jones Award (2005), and GAWP Hugh A. Wyckoff Award (1996).

I hope you all had a chance to speak with him. He is truly a good and interesting man.

• If wastewater wasn’t ‘bad enough’ take a look at this:

Back in September, The Water Environment Federation (WEF) supported and helped to promote a new nationwide prescription drug “Take-Back” initiative from the U.S. Drug Enforcement Agency (DEA). Announced in August, the program sought to prevent increased pill abuse and theft but will also assist with efforts to prevent unused prescription medications from entering the wastewater stream. The DEA collected potentially dangerous expired, unused, and unwanted prescription drugs for destruction at sites nationwide in late September of this year. The service was free and anonymous, with no questions asked. According to a DEA’s August press release, “this initiative addresses a vital public safety and public health issue. Many Americans are not aware that medicines that languish in home cabinets are highly

Page 5Fall 2011

susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are increasing at alarming rates, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, many Americans do not know how to properly dispose of their unused medicine, often flushing them down the toilet or throwing them away – both potential safety and health hazards.”

In Fairmont, our local law enforcement community participated in this program and over the course of the day collected over 70 pounds of prescription drugs of many varieties.

Now this was just on a local level. If we, as wastewater professionals, can educate our communities on the on the dangers of dumping prescription drugs (or any other detrimental waste for that matter) into our sanitary we can begin the process of reducing the amount of harmful products entering the collection system and ultimately the receiving stream. Well that seems like a ‘duh’ statement but unless we act upon it, that’s where it will stay. Education can always be a solution but it has to be put into use. For more information and to view a list of nationwide collection sites, please visit the US DEA website at: www.dea.gov

• How will you deal with the proposed changes to the operator’s certification requirements and proce-dures? Look to this edition for some of those answers. Dawn Newell from the WV DHHR Certifi-cation and Training has it outlined with a quick article and a link to her PowerPoint presentation she gave at the annual conference in May regarding the changes the Department is looking to make in the upcoming legislation session of Spring 2012. Look for our interview with Ms. Newell in our Winter Edition of MOUNTAIN CURRENTS. If you have a question regarding certification you’d like to ask please contact me or Rich Weigand at the WV Environmental Training Center.

• To David, Rich and all of the other contributors: Thank you from the bottom of my heart for your confidence in me to put out a great magazine for our association. Without your hard work and dedica-tion, this edition would be nothing more than a collection of advertisement.

Quotable:

“Great minds discuss ideas; average minds discuss events; small minds discuss people.” -Eleanor Roosevelt

“Don’t count the days, make the days count.” -Muhammad Ali

“A wise man (more than) once told me, ‘Read your permit’…”

OVeR the WeIRs (Continued from page 4)

Page 6 Fall 2011

WV BIOLOGICAL, LLCROBERT S. EVANS

(304) 548-4911E-mail: robertsevans@charter.net

WV Biological, LLCTruly Amazing Results

Reduced Grease

Reduced Nitrogen

NH -N

Better Dewatering

Reduced Algae

Reduced TSS

Reduced Operating Costs

Better SettingReduced SludgeReduced PhosphorousReduced TotalNitrogen

Reduced BODBetter Effluent

“It’s like putting YOUR bugs on steroids”

TM

Page 7Fall 2011

Page 8 Fall 2011

Baker truck equipment CompanyState Route 60 at Mynes Road • P.O. Box 482

Hurricane, West Virginia 25526(304) 722-3814 • (800) 342-3119 (WV)

Fax (304) 722-3829

Provided by: Dawn Newell, WVDHHR Certification & Training

The West Virginia Department of Health and Human Resources (WVDHHR), Bureau for Public Health (BPH), Office of Environmental Health Services (OEHS) has primacy over public drinking water, or in other words, the authority to administer all the federal Safe Drinking Water Act (SDWA) requirements at the state government level. Several programs within the Environmental Engineering Division (EED) implement all state and federal requirements. These programs and their requirements form a multiple barrier approach complete with technical and managerial barriers that help prevent contamination at the source, enhance treatment, and ensure a safe supply of drinking water for consumers.

Operator certification helps protect human health and the environment by establishing minimum professional standards for the operation and maintenance of public water and wastewater systems which an important step in promoting compliance with the SDWA. In WV, the Certification

the CeRtIFICatIOnand tRaInInG PROGRaM

and Training (C&T) program provides training, testing and certification for public water system operators (through 64CSR4), public wastewater system operators (through 64CSR5), backflow prevention and assembly inspector testers (through 64CSR25), and water well drillers/pump installers (through 64CSR19). Approximately 5,000 certifications are overseen by the following C&T program staff:• Mary Lowe (304) 356-4335 (water operators & BPAIT) • Nathan Nelson (304) 356-4266 (water operators & BPAIT)• Karana Malone (304) 356-4336 (wastewater operators, well drillers & pump installers)• Becky Payne (304) 356-4334 (wastewater operators, well drillers & pump installers)• Dawn Newell (304) 356-4337 (program management)

The C&T program is located in the OEHS central office at 350 Capitol Street, Room 313 in Charleston, WV 25301-3713. The C&T program fax number is (304) 558-

Page 9Fall 2011

EngineersArchitectsInterior DesignersLandscape Architects

Water & Wastewater Systems • Civil EngineeringFire Pumping & Protection • Roads, Highways, & Bridges

Airport Facilities • Surveying • Recreational facilities

43 West Main StreetBuckhannon, WV 26201

(304) 472-8914

200 Sixth AvenueSt. Albans, WV 25177

(304) 727-5501

4322. If you have any questions, please contact a staff member above or visit our website at www.wvdhhr.org/oehs/eed/swap/training&certification for additional information.

A copy of Dawn’s presentation from the May 2011 Conference can be found at this site:http://www.wvdhhr.org/oehs/eed/swap/t ra in ing&cer t i f i ca t ion /p resen ta t ion /WaterWastewaterOperatorRegulations.pdf

CeRtIFICatIOn and tRaInInG (Continued from page 8)

Page 10 Fall 2011

WasteWater OperatOr CertifiCatiOn summary:neW CertifiCatiOns frOm January 1 tO June 30, 2011Compiled by: Dawn Newell and staff, WVDHHR Certifi-cation & Training IS Certifications (4) 1. Heidi M. Hickson 2. Danny L. Kirk 3. Matthew S. Baker 4. Scott R. Fox

IC Certifications (15) 1. Monica Walker 2. Charles W. Slider 3. James I. Kapp 4. Randy Yost 5. Alvin T. Forth, Jr. 6. Jonathan W. Dixon 7. Michael T. Pauley 8. David S. Blair 9. Michael R. Brewer10. Timothy J. Smith11. John P. Hickman12. John W. Mullins13. Darren M. Case14. Bobby E. Frampton15. Patrick Linzy

OIT Certifications (36) 1. Jeremiah Chambers 2. Cody James 3. Danny M. Hooper 4. Anthony J. Riccardi, Jr. 5. Louis W. Aldridge 6. James G. Southall 7. Michael K. Sowers 8. Scott W. McConnell 9. David L. Staubs10. Dewayne F. Ainsworth11. Todd R. Anderson12. Joseph A. Castaldo13. Collin D. Cole14. Ronald Beatty

15. Bradley A. Chambers16. Nathan S. Whittington17. Matthew G. Palmer18. Adrianne E. Mercer19. Corey Patton20. Wayne S. Bias21. Aaron M. Miller22. John E. Lipscomp23. Charles B. Anderson24. Troy Hudnall25. William F. Kerns26. James A. Barney27. Ronnie G. Lashmit, Jr.28. Dona Bleui Thompson29. Robert W. Benson30. Dale R. Martin31. Willis R. Pettry32. David A. Bird33. Brian L. Higginbotham34. Jerry W. Workman35. James T. See36. Wallace A. Cottle

Class I Certifications (13) 1. Joseph W. Johnson 2. James D. Robinson, Jr. 3. Morgan M. Basagic 4. Larry R. Lane, Jr. 5. Daniel L. Baker 6. Earlie s. Godwin 7. William A. Keener, Jr. 8. Rick R. Shriver 9. London E. Harper10. Patrick Linzy11. Jason Garlits12. Kevin D. Moore13. Jason A. Goad

Class II Certifications (10) 1. Christopher R. Martin 2. Jason Blankenship 3. William R. Johnson, II

4. Robert E. Ferrell 5. Edwin L. Rial 6. Jospeh J. Fraley 7. Thomas R. Caldwell, II 8. Jonathan W. Collins 9. Roy Keller10. George S. Park, III

Class III Certifications (5) 1. Michael A. Hill 2. Brock Perkins 3. William F. Gainer 4. Douglas Decker 5. Whitney L. Hymes

Class IV Certifications (16) 1. Donald Byrd 2. Richard Paesani 3. Carl E. King 4. Brian McDaniel (Renewal) 5. Vernon Perdue 6. Faymon Roberts 7. William V. Ashley 8. John T. Bolen 9. Patricia K. Wylie10. Jeffrey Sturgill11. Earl Burks12. Michael Durham13. Michael S. Williams (Renewal)14. Alfred R. Roman, II (Renewal)15. Douglas King16. Richard Wagner

Page 11Fall 2011

This year’s recipient of the Bedell Award began his Environmental Stewardship Career as a pretreatment/ Biosolids coordinator at the City of Fairmont Sanitary Sewer Board. He worked through the years rising through the ranks at the WWTP as: Asst. Superintendent, Superintendent, Production & Treatment Superintendent for Water and Wastewater. He now serves as the City of Fairmont’s Utility Manager overseeing all Sewer, water and Stormwater operations. Throughout his career he has actively participated at both the local MA level as a committee chair, past president, presenter of technical papers at various MA events and 5-S member. He has effectively worked with local, state and national elected officials on issues important to our industry and is currently serving as President of the Municipal Water Quality Association (MWQA)

saGO WIns BedeLL aWaRd

His service at the national level includes membership on the Utility management Committee, long time judge at the WEFTEC Operations Challenge in the safety and process control events and is a Hatfield Award recipient. The Bedell Award was established to acknowledge extraordinary personal service to a WEF Association member. This award is named for Arthur Sidney Bedell, WEF’s second president for his long devotion and service to the New York Sewage and Industrial Wastes Association, now the New York Water Environment Association. He was Chief of the Bureau of Sewage and Waste disposal of the New York State Department of Health. Criteria for this award include: Membership with WEF, organizational leadership, administrative service, membership activity, stimulation of technical functions or similar participation. David holds a biology degree from West Virginia University and an engineering degree from Fairmont State University (FSU). He’s been an adjunct professor at FSU for the past 10 years and is a Class IV certified Wastewater Operator.

David Sago, Chris Browning and Kevin Compton.

Fall 2011Page 12

Kevin Compton of the Bluestone Public Ser-vice District was awarded the William D. Hat-field Award at the 2011 WV WEA Conference held in Wheeling WV. The William D. Hatfield Award was established in honor of Dr. William D. Hatfield, Superintendent of the Decator, Illi-nois Sanitary District, who was President of the Central States Sewage Works Association in 1944 – 45 and served as President of the Water Environment Federation in 1958 – 59. Kevin has been an employee with Bluewell since 1989. He is currently a Class III waste-water operator and the recipient of numerous awards during his 22 years of public service. In 1993, he was named West Virginia’s opera-tor of the year and was given his 5S shovel in 2001. Kevin was also the recipient of the WV DEP’s Environmental Stewardship Award in 2007 after being nominated by his local inspec-tor. Mr. Compton is very active with his state association as well. He is currently serving as a member of the state’s wastewater exam review committee. Kevin Compton is a long time member of both WEF and WV WEA and currently serves as our association’s 1st vice president. Con-gratulations to Kevin and many thanks from all that he has served during his tenure with the EPA 104 program.

2011 HaTfIelD awarD GIVen TO KeVIn COmpTOn

The winner of the Al Roberts Memorial Schol-arship as a graduating high school senior is Mr. Joshua Richmond, son of Mr.& Mrs. Luke Rich-mond, Mgr. of Beckley, WV Sanitary Board. He graduated from Shady Springs High School in Shady Springs, WV and will be attending Ohio Valley University in Vienna, WV as a Business Major. The winner of the WVWEA Scholarship for Undergraduate Students is Ms. Maria Belcher, daughter of Mr. & Mrs. Greg Belcher, Sr. V.P.

2011 sCHOLarsHip WinnerEngineering for Chapman Technical Group in St. Albans, WV. Maria will be starting her third year at West Virginia University in Morgantown, WV as a Junior Majoring in Interior Design. She is serving as an officer for the WVU American Society of Interior Design student chapter. She also has earned a position on the Dean's list and the President's list during her first two years at WVU. She works at Chapman Techni-cal Group's office in St. Albans, WV during thesummer and is a very personable young lady.

Page 13Fall 2011

Bill Cunningham, Kev-in Compton, mike G and ron Byrnside.

David Sago and Kevin Compton display their awards.

rich weigand and Da-vid Sago.

Page 14 Fall 2011

Wef teC 2011By: David C. Sago, House of Delegate member, wV This year if it’s about water, it will be at the WEFTEC 2011. The Water Environment Federation’s (WEF) 84th Annual Technical Exhibition and Confer-ence will be held on October 15th through the 19th at the Los Angeles Convention Center. WEF expects more than 17, 000 national and international water professionals at this year’s event. This being the world’s largest annual water quality event, WEFTEC 2011, as always, will feature the latest water related research, training solutions, cutting edge technologies in our field and with over 1,000 exhibiting com-panies. This year’s conference will feature 115 tech-nical session, 27 workshops and 8 local facili-ties tours. The main focus areas included will be facility operations and wastewater treat-ment, nutrients, collection systems, Biosolids, utility management, water reuse and manage-ment, Stormwater and green infrastructure, sustainability and energy management, pre-

treatment and industrial wastes and water shed management. I would hope that several water quality pro-fessionals and colleagues of mine from around the state will take advantage of this exhibition and conference. WEFTEC is always a great conference to continue to advance your pro-fessional skills and maintain career learning education, network and building relationships to grow professionally, gain leadership skills to serve our WVMA and stay ahead of new tech-nology developments in our industry. A few of WEF programs that are passionate to me and will follow during the week are:• Water is Life and Infrastructure Makes it Hap-pen• Work for Water• Stormwater Coordinating Council• Utility Management Committee• Operation Challenge & Skills Competition As always, I am pleased and honored to con-tinue to serve the WV WEA as your National Delegate. I hope to see you in Los Angeles.

David Sago., Chris Browning and Kevin Compton.

Page 15Fall 2011

VendORs ...

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VendORs...

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VendORs...

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attendees

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attendees...

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attendees...

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attendees...

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Page 24 Fall 2011

WVDEP ASSISTANT CHIEF

MIKE JOHNSON, P.E RETIRES By Jim Downey

More than one hundred co-workers, friends, and long-time business associates gathered on April 28, 2011 at the Charleston Women’s Club to wish Mike Johnson a happy retirement. Mike retires with 37 year’s service with WVDEP as the head of the State Revolving Fund which funds wastewater projects across West Virginia. Mike’s “official” retirement took place in May. The evening was hosted by Kathy Emory

who will take Mike’s place as head of the SRF upon Mike’s

retirement. Kathy provided everyone with an opportunity to come to the podium and share memories of “good times” with Mike. Mike took the “roasting” in

good stride as the likes of Bob Andersen, Mike Warwick, Mike Zeto, Eli McCoy, and several others took to the podium to share memories and take potshots of Mike’s career with the crowd. The last to speak before Mike took the podium was his wife Shelby who shared that God had provided her with the Christian man that she had always dreamed of spending her life with. She told about his commitment to family life as a husband, father, and grandfather, and his commitment to God and his church family.

The evening ended with Mike getting his rebuttal time of all the stories to shared by his co-workers. He said he intends to do a lot of things around the house and points out that his “To Do List” is of his own making and not Shelby’s. He plans on spending time working at North Hills Baptist Church in Sissonville where he is a deacon and the church treasurer. He says he intends to spend a lot of time going back and forth visiting grandchildren in the Carolinas.

Mike began his career with WVDEP in 1973 where he helped administer EPA’s Construction Grants Program. In 1989 he became Director of the State Revolving Fund and has administered over $1 billion in funding to wastewater projects across the state during his tenure in both programs. Mike is a member of the WV Water Environment Association, WV Rural Water Association, WV Contractor’s Association, Association of State and Interstate Water Pollution Control Administrators, and the Federal Council of Infrastructure Financing Authorities. We wish you a happy retirement Mike!

Page 25Fall 2011

Clean water is critical for sustaining life, yet polluted water and inadequate sanitation kills at least two children every minute worldwide. And even in the United States, where wastewater treatment is relatively advanced compared to some other countries, many people take the flow of water in and out of their homes for granted. Where does it all go after we flush the toilet or pull the plug on the drain? What’s more, how does this used water get cleaned and safely find its way back into the environment?

The answer is your local wastewater treatment facility, which operates 24/7 to make sure your community’s wastewater is treated

aBOUT waTer QUalITY

properly and released back into waterways such as lakes, streams, rivers, where it flows to one of the great oceans or lakes. It can also be used again along the way for irrigation, commercial or residential use, groundwater replenishment, and even drinking water, or it evaporates into the atmosphere and returns as rain in some other part of the world. Water is used over and over again, and thousands of water quality professionals around the world work to protect its quality and cleanliness.

(Excerpt from Water Environment Federation web site: www.WEF.org)

Photo: Blackwater Falls, WV – Mike Giannini

CheMtReC – Who are they?By richard G. weigand, CeT

CHEMTREC – You’ve heard the name, but . . . Who are they? You’ve never had to call them, but . . . What exactly do they do? Answers to these questions - and many others about CHEMTREC – can be found on their new DVD which has been recently added to the Environmental Training Center library. The brief 13 minute program provides a bounty of basic information helpful to utility managers, operators, and first responders. Contact the ETC if you would like to borrow the DVD.

Page 26 Fall 2011

One of my hero’s has always been Will Rogers. Will, who died in a 1935 plane crash, was one of the greatest political sages & story tellers this country has ever known. So many of the things he said were & still are absolutely correct…… “Never squat while wearing spurs” ”Never slap a man who’s chewing tobacco” “Never kick a cow chip on a hot day” “There are two theories to arguing with a woman. Neither works.” “Never miss a good chance to shut up” “Good judgment comes from experience & a lot of that comes from bad judgment” “The best way to double your money is to fold it & put it back in your pocket” “There are three kinds of men:

1) the ones that learn by reading2) the few that learn by observation3) the rest of them have to pee on the electric fence & find out for themselves”

(I have seen a lot of number (3) at our annual meetings)Just a few to ponder over....... Now I will leave with this: WHAT A REAL WOMAN DOESA real woman is man’s best friend. She will never stand him up & never let him down. She will reassure him when he feels insecure & comfort him after a bad day. She will inspire him to do things he never thought he could do: to live without fear. She will enable him to express his deepest emotions & give in to his most intimate desires. She will make sure he always feels as though he’s the most handsome man in the room & will enable him to be the most confident, sexy, seductive, & invincible…….No wait…sorry...I’m thinking of beer. That’s what beer does….Never mind. Let’s have another round, I’m already looking better!—Danny Vance

VanCe’S GlanCeS

Page 27Fall 2011

Teri MerrifieldRegional Sales Manager

West Virginia

1-800-227-2442 x2057 Voice Mail 1-304-965-5638 Local Phone and Fax Number

www.hach.com tmerrifi@hach.com

HACH COMPANY 5600 Lindbergh Drive

PO Box 389 Loveland, Colorado 80539-0389

Page 28 January 2011

35CSR8

1

TITLE 35 LEGISLATIVE RULE

DEPARTMENT OF ENVIRONMENTAL PROTECTION OIL AND GAS

SERIES 8

RULES GOVERNING HORIZONTAL WELL DEVELOPMENT §35-8-1. General 1.1 Scope. – This rule shall govern and apply to permit application requirements, operational rules to protect water quantity and quality, and public notice procedures for oil or natural gas operators developing horizontal wells, which wells are also regulated by W. Va. Code § 22-6-1, et seq. and the Legislative Rules promulgated in Title 35 of West Virginia’s Code of State Rules and entitled Oil and Gas. 1.2. Authority. – W. Va. Code §§ 22-1-3, 22-6-2, and 22-11-4(a)(16) 1.3. Filing Date. – 1.4. Effective Date. – 1.5. Applicability. – Applications submitted after the effective date of this rule shall be subject to the provisions of this rule. §35-8-2. Definitions 2.1 Unless the context in which the term is used clearly requires a different meaning, the definitions set forth in W. Va. Code §§ 22-6-1 and 22-11-3 and in 35 C.S.R. 4 § 2 shall apply to this Rule. 2.2. “Horizontal well” means any well that is drilled initially on a vertical plane but eventually curved to become horizontal, or nearly horizontal, to parallel or intersect a particular geologic formation or formations, for the purpose of maximizing the length and contact of the wellbore that is exposed to the formation or formations. §35-8-3. Permit Application Requirements for Operators Developing Horizontal Wells 3.1. Erosion and Sediment Control Plan. – 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 Office of

35CSr8TITle 35 leGISlaTIVe rUle

DeparTmenT Of enVIrOnmenTal prOTeCTIOn OiL anD Gas

SerIeS 8rUleS GOVernInG HOrIzOnTal well DeVelOpmenT

35CSR8

2

Oil and Gas (Office) and contain both a narrative and a set of drawings. The plans shall be considered conditions of the permit and be enforceable as such. 3.1.a. The narrative components of the plan shall include: 3.1.a.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; 3.1.a.2. A description of the stabilization methods to be used, including the application rates for temporary and permanent seeding and mulching, and provide the timeframes for establishing stabilization; and 3.1.a.3. Details or specifications for the erosion and sediment control BMPs employed on the project. 3.1.b. The drawings submitted with the plan shall include: 3.1.b.1. A vicinity map locating the site in relation to the surrounding area and roads; 3.1.b.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; and 3.1.b.3. The location of all proposed erosion and sediment control BMPs. 3.2. Site Construction Plan. – 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 should 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. 3.2.a. The site construction plan shall contain the following information: 3.2.a.1. A vicinity map locating the site in relation to the surrounding area and roads; 3.2.a.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: 3.2.a.2.A. Clearly identifies the limit of disturbance for the project;

35CSR8

2

Oil and Gas (Office) and contain both a narrative and a set of drawings. The plans shall be considered conditions of the permit and be enforceable as such. 3.1.a. The narrative components of the plan shall include: 3.1.a.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; 3.1.a.2. A description of the stabilization methods to be used, including the application rates for temporary and permanent seeding and mulching, and provide the timeframes for establishing stabilization; and 3.1.a.3. Details or specifications for the erosion and sediment control BMPs employed on the project. 3.1.b. The drawings submitted with the plan shall include: 3.1.b.1. A vicinity map locating the site in relation to the surrounding area and roads; 3.1.b.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; and 3.1.b.3. The location of all proposed erosion and sediment control BMPs. 3.2. Site Construction Plan. – 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 should 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. 3.2.a. The site construction plan shall contain the following information: 3.2.a.1. A vicinity map locating the site in relation to the surrounding area and roads; 3.2.a.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: 3.2.a.2.A. Clearly identifies the limit of disturbance for the project;

35CSR8

3

3.2.a.2.B. Provides existing topographic information on a contour interval that affords sufficient detail to illustrate site terrain conditions; 3.2.a.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; and 3.2.a.2.D. Identifies any existing structures, roads, water bodies, and other critical areas within the area that would most likely be affected by the construction. 3.2.a.3. A cross-section of the length and width of the location, providing cut and fill volumes; and 3.2.a.4. Any other engineering designs or drawings necessary to construct the project. 3.2.b. At a minimum, site construction shall be conducted in accordance with the following criteria: 3.2.b.1. All woody material, brush, and trees shall be cleared from the site area and kept to the minimum necessary for proper construction, including the installation of necessary sediment controls. Trees six inches in diameter and larger shall be cut and logs stacked; 3.2.b.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; 3.2.b.3. No embankment fill shall be placed on frozen material; 3.2.b.4. The fill material shall be clean mineral soil, free of roots, woody vegetation, stumps, sod, large rocks, frozen soil or other objectionable material; 3.2.b.5. Embankment material shall exhibit adequate soil strength and contain the proper amount of moisture to ensure that compaction will be achieved; 3.2.b.6. Earthen fill slopes should be constructed with slopes no steeper than a ratio of two-to-one (2:1); 3.2.b.7. Fill material will be placed in lifts or layers over the length of the fill. Lift thickness of the soil shall be as thin as the suitable random excavated material will permit, typically from six to twelve (12) inches; and 3.2.b.8. The size of rock lifts shall not exceed thirty-six (36) inches. The rock shall not be greater in any dimension than thirty-six (36) inches;

Page 29Fall 2011

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3.2.a.2.B. Provides existing topographic information on a contour interval that affords sufficient detail to illustrate site terrain conditions; 3.2.a.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; and 3.2.a.2.D. Identifies any existing structures, roads, water bodies, and other critical areas within the area that would most likely be affected by the construction. 3.2.a.3. A cross-section of the length and width of the location, providing cut and fill volumes; and 3.2.a.4. Any other engineering designs or drawings necessary to construct the project. 3.2.b. At a minimum, site construction shall be conducted in accordance with the following criteria: 3.2.b.1. All woody material, brush, and trees shall be cleared from the site area and kept to the minimum necessary for proper construction, including the installation of necessary sediment controls. Trees six inches in diameter and larger shall be cut and logs stacked; 3.2.b.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; 3.2.b.3. No embankment fill shall be placed on frozen material; 3.2.b.4. The fill material shall be clean mineral soil, free of roots, woody vegetation, stumps, sod, large rocks, frozen soil or other objectionable material; 3.2.b.5. Embankment material shall exhibit adequate soil strength and contain the proper amount of moisture to ensure that compaction will be achieved; 3.2.b.6. Earthen fill slopes should be constructed with slopes no steeper than a ratio of two-to-one (2:1); 3.2.b.7. Fill material will be placed in lifts or layers over the length of the fill. Lift thickness of the soil shall be as thin as the suitable random excavated material will permit, typically from six to twelve (12) inches; and 3.2.b.8. The size of rock lifts shall not exceed thirty-six (36) inches. The rock shall not be greater in any dimension than thirty-six (36) inches;

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3.2.b.9. Compaction shall be obtained by compaction equipment or by routing the hauling equipment over the fill so that the entire surface of each fill lift is compacted by at least one wheel or tread track of equipment or by a compactor. Each lift shall be compacted before beginning the next lift; 3.2.b.10. Surface water diversion ditches shall be constructed above the disturbed area to intercept water and to divert surface water runoff around the site; and 3.2.b.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 (50) vertical feet of slope and shall be a minimum of ten (10) feet wide. 3.3. Water Management Plan. – 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 such well will require water withdrawals from the waters of this State in amounts of two hundred ten thousand (210,000) gallons or more during any one-month period, then the applicant shall file with the Office a water management plan as part of the application for the well work permit.1 It shall be considered conditions of the permit and be enforceable as such. The water management plan, which may be submitted either on an individual well basis or on a watershed basis, shall include the following information: 3.3.a. The type of water source, such as surface or ground water, 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; 3.3.b. The anticipated volume of each water withdrawal; 3.3.c. The anticipated months when water withdrawals will be made; 3.3.d. The planned management and disposition of wastewater from fracturing, stimulation, and production activities; 3.3.e. A listing of the anticipated additives that may be used in the water used for fracturing or stimulating the well, and, upon well completion, a listing of the additives that were actually used in the fracturing or stimulating of the well shall be submitted as part of the completion report required by W. Va. Code § 22-6-22; 3.3.f. For all surface water withdrawals, the water management plan shall include the following, in addition to the information required in subdivisions 3.3.a. through 3.3.e. above:

1 This Rule in no way abrogates the statutory requirement that water withdrawals in excess of seven hundred fifty thousand (750,000) gallons per calendar month be registered with the Division of Water and Waste Management. See, W. Va. Code § 22-26-1, et seq.

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3.3.f.1. Identification of the current designated and existing water uses, including any public water intakes within one mile downstream of the withdrawal location; 3.3.f.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; and 3.3.f.3. Identification of the methods to be used to minimize significant adverse impact to aquatic life. 3.4. Well Site Safety Plan. – 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 well site safety plan to address measures to be employed by the operator for the protection of persons on the site, as well as the general public and the environment. The plan shall encompass all aspects of the operation, including the actual well work for which the permit is sought, completion activities, and production activities, and shall provide an emergency point of contact and twenty-four (24)-hour contact information for the well operator. The well operator shall provide a copy of the well site safety plan to the local emergency planning committee for the emergency planning district in which the well work will occur or to the county office of emergency services at least seven days before commencement of well work or site preparation work that involves any disturbance of land. It may be modified only upon approval by the Office and shall be considered conditions of the permit and be enforceable as such. 3.4.a. The well site safety plan shall be drafted in accordance with standards developed by the Office and include, at a minimum, the following: 3.4.a.1. A plan view map showing the well location, access road, pits, flare lines, dwellings, and noting the north and prevailing wind directions; 3.4.a.2. An area topographical map showing the well site location; 3.4.a.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; 3.4.a.4. A list of telephone numbers, including twenty-four (24)-hour contact information, for the following entities (which shall also be posted at the well site): the operator, any contractors of the operator, the Department, the local oil and gas inspector, and local emergency response units; 3.4.a.5. A list of all schools and public facilities within a one-mile radius of the proposed well, including telephone numbers for the same; 3.4.a.6. Material Safety Data Sheets (MSDS) for all materials and chemicals on the well site shall be readily available and maintained at the well site; and

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3.4.b. Well site safety meetings. – Safety meetings shall be held on-site weekly, at a minimum, and specifically prior to the beginning of drilling, completion, and work-over operations. Meeting attendance shall be logged, and the log shall be maintained on site. A check-in and check-out list of all personnel shall be maintained during the drilling and completion phases of the operation. §35-8-4. Operational Rules to Protect Water Quality and Quantity 4.1. All operators are required to protect the quality and quantity of water in surface and ground water systems both during and after drilling operations and during reclamation by: 4.1.a. Withdrawing water from surface waters of the State using methods deemed appropriate by the Secretary so as to maintain sufficient in-stream flow immediately downstream of the withdrawal location; 4.1.b. Casing, sealing or otherwise managing wells to keep fluids or natural gas from entering ground or surface waters; 4.1.c. Conducting oil and gas operations using BMPs so as to prevent, to the extent practicable, additional contributions of suspended or dissolved solids to stream flow or runoff outside the permit area, but in no event shall the contributions be in excess of requirements set by applicable State or federal law; and 4.1.d. Registering all water supply wells with the Office and constructing and plugging all such wells in accordance with applicable laws governing water well construction. 4.2. All operators who withdraw two hundred ten thousand (210,000) gallons or more of water from waters of this State during any one-month period shall adhere to the following operational and reporting requirements: 4.2.a. Within forty-eight (48) hours, but no less than twenty-four (24) hours, prior to the withdrawal of water, the operator shall identify the location of withdrawal by latitude and longitude; verify, using methods deemed acceptable by the Secretary, that sufficient flow exists to protect designated uses of the stream; and provide notice to the Office as prescribed by the Secretary; 4.2.b. All surface water withdrawal locations and facilities identified in the water management plan set forth in subsection 3.3 above shall be identified with a sign that discloses that the location is a water withdrawal point and the name and telephone number of the operator for which the water withdrawn will be utilized. When the withdrawal location is no longer being utilized, or at the direction of the Secretary, the operator shall notify the Office and remove all signage; and

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3.4.b. Well site safety meetings. – Safety meetings shall be held on-site weekly, at a minimum, and specifically prior to the beginning of drilling, completion, and work-over operations. Meeting attendance shall be logged, and the log shall be maintained on site. A check-in and check-out list of all personnel shall be maintained during the drilling and completion phases of the operation. §35-8-4. Operational Rules to Protect Water Quality and Quantity 4.1. All operators are required to protect the quality and quantity of water in surface and ground water systems both during and after drilling operations and during reclamation by: 4.1.a. Withdrawing water from surface waters of the State using methods deemed appropriate by the Secretary so as to maintain sufficient in-stream flow immediately downstream of the withdrawal location; 4.1.b. Casing, sealing or otherwise managing wells to keep fluids or natural gas from entering ground or surface waters; 4.1.c. Conducting oil and gas operations using BMPs so as to prevent, to the extent practicable, additional contributions of suspended or dissolved solids to stream flow or runoff outside the permit area, but in no event shall the contributions be in excess of requirements set by applicable State or federal law; and 4.1.d. Registering all water supply wells with the Office and constructing and plugging all such wells in accordance with applicable laws governing water well construction. 4.2. All operators who withdraw two hundred ten thousand (210,000) gallons or more of water from waters of this State during any one-month period shall adhere to the following operational and reporting requirements: 4.2.a. Within forty-eight (48) hours, but no less than twenty-four (24) hours, prior to the withdrawal of water, the operator shall identify the location of withdrawal by latitude and longitude; verify, using methods deemed acceptable by the Secretary, that sufficient flow exists to protect designated uses of the stream; and provide notice to the Office as prescribed by the Secretary; 4.2.b. All surface water withdrawal locations and facilities identified in the water management plan set forth in subsection 3.3 above shall be identified with a sign that discloses that the location is a water withdrawal point and the name and telephone number of the operator for which the water withdrawn will be utilized. When the withdrawal location is no longer being utilized, or at the direction of the Secretary, the operator shall notify the Office and remove all signage; and

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4.2.c. For all water used in connection with hydraulic fracturing activities and for all produced water from production activities, operators shall comply with the following record-keeping requirements: 4.2.c.1. For production activities, the following information shall be recorded and retained by the operator: 4.2.c.1.A. The quantity of flowback water from hydraulic fracturing of the well; 4.2.c.1.B. The quantity of produced water from the well; and 4.2.c.1.C. The method of management or disposal of the flowback and produced water. 4.2.c.2. For transportation activities, the following information shall be recorded and retained by the operator: 4.2.c.2.A. The quantity of water transported; 4.2.c.2.B. The collection and delivery or disposal location(s) of the water; and 4.2.c.2.C. The name(s) of the water hauling company(ies). 4.3. All drill cuttings and associated drilling mud generated from well sites that disturb three acres or more of surface, excluding pipelines, gathering lines, and roads, or that use two hundred ten thousand (210,000) gallons or more of water during any one-month period shall be disposed of in an approved solid waste facility or managed on-site in a manner otherwise approved by the Secretary. 4.4. Casing and cementing standards. – The operator shall prudently drill through fresh groundwater zones so as to minimize any disturbance of such zones. Further, the operator shall construct the well and conduct casing and cementing activities of all horizontal wells in accordance with standards developed by the Office and in a manner that will provide for control of the well at all times, prevent the migration of gas and other fluids into the fresh groundwater and coal seams, and prevent pollution of or diminution of fresh groundwater. At a minimum, the following standards shall apply: 4.4.a. Casing standards. 4.4.a.1. All casing installed in the well must be new, with a pressure rating that exceeds the anticipated maximum pressure to which the casing will be exposed and meet the appropriate American Petroleum Institute (API) standards;

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4.4.a.2. The casing must be of sufficient quality and condition to withstand the effects of tension and maintain its structural integrity during installation, cementing, and subsequent drilling and production operations; 4.4.a.3. Centralizers must be used, with the proper spacing, during the casing installation to ensure that the casing is centered in the hole; 4.4.a.4. Casing shall not be disturbed for a period of at least eight hours after the completion of cementing operations; and 4.4.a.5. No gas or oil production or pressure shall exist on the surface casing or the coal protection casing. 4.4.b. Cement standards. 4.4.b.1. All cement used in the well must meet the appropriate API standards and secure the casing to the wellbore, isolate the wellbore from all fluids, contain all pressures during all phases of drilling and operation of the well, and protect the casing from corrosion and degradation; 4.4.b.2. Cement used in conjunction with surface and coal protection casing must prevent gas flow in the casing annulus; 4.4.b.3. The operator shall provide notice to the Office at least twenty-four (24) hours prior to the commencement of any cementing operations and maintain a copy of the cementing log at the well site during the drilling and completion of the well. §35-8-5. Public Notice Procedures 5.1. Applicants for well work permits seeking to drill the first horizontal Marcellus Shale well on any particular well pad located in an area within the boundaries of any municipality, as that term is defined in W. Va. Code § 8-1-2, shall publish public notice of the filing of such well work permit application as follows: At the time that a well work permit application is filed, the applicant shall also place a Class I legal advertisement in a newspaper of general circulation in the area where the well is proposed to be located. No well work permit shall be issued to any applicant until at least thirty (30) days’ notice has been provided to the public. The advertisement shall contain, at a minimum, the name of the applicant, the proposed location of the well, the proposed date on which site preparation for the proposed well will begin, and a contact telephone number for more information.

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4.2.c. For all water used in connection with hydraulic fracturing activities and for all produced water from production activities, operators shall comply with the following record-keeping requirements: 4.2.c.1. For production activities, the following information shall be recorded and retained by the operator: 4.2.c.1.A. The quantity of flowback water from hydraulic fracturing of the well; 4.2.c.1.B. The quantity of produced water from the well; and 4.2.c.1.C. The method of management or disposal of the flowback and produced water. 4.2.c.2. For transportation activities, the following information shall be recorded and retained by the operator: 4.2.c.2.A. The quantity of water transported; 4.2.c.2.B. The collection and delivery or disposal location(s) of the water; and 4.2.c.2.C. The name(s) of the water hauling company(ies). 4.3. All drill cuttings and associated drilling mud generated from well sites that disturb three acres or more of surface, excluding pipelines, gathering lines, and roads, or that use two hundred ten thousand (210,000) gallons or more of water during any one-month period shall be disposed of in an approved solid waste facility or managed on-site in a manner otherwise approved by the Secretary. 4.4. Casing and cementing standards. – The operator shall prudently drill through fresh groundwater zones so as to minimize any disturbance of such zones. Further, the operator shall construct the well and conduct casing and cementing activities of all horizontal wells in accordance with standards developed by the Office and in a manner that will provide for control of the well at all times, prevent the migration of gas and other fluids into the fresh groundwater and coal seams, and prevent pollution of or diminution of fresh groundwater. At a minimum, the following standards shall apply: 4.4.a. Casing standards. 4.4.a.1. All casing installed in the well must be new, with a pressure rating that exceeds the anticipated maximum pressure to which the casing will be exposed and meet the appropriate American Petroleum Institute (API) standards;

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ENGINEERING PROGRESS THROUGHOUT WEST VIRGINIA

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