Mercer

Legal Notice

PUBLIC NOTICE
INTENT TO ENTER PROPERTY
TO CONDUCT RECLAMATION ACTIVITIES

DRY BRANCH (STEWART) DRAINAGE

TO ALL HEIRS KNOWN OR UNKNOWN AND ALL THOSE HAVING AN INTEREST IN THE HEREINAFTER DESCRIBED PROPERTY FORFEITED TO THE STATE OF WEST VIRGINIA FOR DELINQUENT TAXES BY CASTILE, LLC: THE STATE OF WEST VIRGINIA, ACTING BY AND THROUGH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF ABANDONED MINE LANDS AND RECLAMATION, HEREBY GIVES NOTICE IT SHALL ENTER UPON THE HEREINAFTER DESCRIBED PROPERTY IN THE DISTRICT OF MALDEN., KANAWHA COUNTY, WEST VIRGINIA.

A tract of land described as 78′(Ft) x 78′(Ft) lot, more or less located in Malden District, Kanawha County, West Virginia, being Parcel 21 of Tax Map 18, and being more particularly described by deed dated December 28, 2017, from Delinquent and Nontendered Lands of Kanawha County, West Virginia, said deed being recorded in the Office of the Clerk of the County Commission of Kanawha County in Deed Book 2992 at Page 758.

WHEREAS, the Official Code of West Virginia, Chapter 22, Article 2, covering the Abandoned Mine Reclamation Act stipulates that the State of West Virginia, acting by and through the Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, is authorized to do all things necessary or expedient to protect the public health, safety and general welfare from the adverse effects of past coal mining practices in West Virginia, and

WHEREAS, upon investigation the Department of Environmental Protection has determined that there presently exists a situation of adverse effects in the area of the aforesaid property as a result of past coal mining practices, and

WHEREAS, there is no statutory obligation on the part of any landowner or former mine owner to perform reclamation and there is no other person or agency which will act expeditiously or otherwise to control and abate the adverse effects of these past coal mining practices, and

WHEREAS, all the owners, heirs, or other persons having an interest in said property cannot be contacted and/or there may be some unknown owners, heirs or persons having an interest in said property.

NOW, THEREFORE, having made a reasonable effort to contact and obtain consent from any and all property owners, the State of West Virginia, acting by and through the Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, its agents, assignees, employees and contractors hereby gives notice that on or after the 17th day of May, 2021, it will enter the aforesaid property for the purpose of doing the necessary abatement work as the situation and the safety of the public requires, all in accordance with Chapter 22, Article 2, Section 6 of the Official Code of West Virginia, which provides for entry upon lands as an exercise of the police power of the State of West Virginia for the protection of public health, safety and general welfare.

Submitted this 17th day of May, 2021.

Rob Rice
Director-Division of Land
Restoration
West Virginia Department of
Environment Protection

ID: 501939