PUBLIC NOTICE
INTENT TO ENTER PROPERTY
TO CONDUCT RECLAMATION ACTIVITIES
Warwood (Nuttal Avenue) Dangerous Slide
TO ALL HEIRS KNOWN OR UNKNOWN AND ALL THOSE HAVING AN INTEREST IN THE HEREINAFTER DESCRIBED PROPERTY WITH UNKOWN OWNER OR OWNERS 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 WHEELING CITY CORP, OHIO COUNTY, WEST VIRGINIA.
One parcel of land, Wheeling City Corp District, Ohio County, West Virginia, designated on the County Tax Map as Parcel 72 of Map W14.
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 28th day of June , 2022, 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 28th day of June , 2022 .
Rob Rice,
Deputy Secretary
West Virginia Dept. of Environmental Protection
Int. Jul 5, 2022