PUBLIC NOTICE
INTENT TO ENTER PROPERTY
TO CONDUCT RECLAMATION ACTIVITIES
Price Hill Complex Pond
Cleaning
TO ALL HEIRS KNOWN OR UNKNOWN AND ALL THOSE HAVING AN INTEREST IN THE HEREINAFTER DESCRIBED PROPERTY: 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 PLATEAU DISTRICT, FAYETTE COUNTY, WEST VIRGINIA.
A parcel of land located on Price Hill Road, near the Town of Mt. Hope, West Virginia and designated as parcel 34 of Tax Map 53, and being more particularly described by deed dated October 1, 1940 from McKell Coal and Coke Company to The New River Company, predecessor to the Bankrupt Mountain Laurel Resources Company, said deed being of record in the Office of the Clerk of the County Commission of Fayette County in Deed Book 96 at page 221.
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 located 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 locate 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 1st day of May, 2024 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.