45.1-161.121 - Mining in proximity to gas and oil wells. - Virginia Statutes

§ 45.1-161.121. Mining in proximity to gas and oil wells.

A. Except as provided in subsection D, an operator who plans to remove coal,drive any passage or entry, or extend any workings in any mine, within 500feet of any gas or oil well already drilled into the projected mine workingsor in the process of being drilled into the projected mine workings shallfile with the Chief a notice that mining is taking place or will take place.The notice shall include a copy of parts of the maps and plans required under§ 45.1-161.64 which show the mine workings and projected mine workings whichare within 500 feet of the well. The operator shall simultaneously mailcopies of such notice, maps and plans by certified mail, return receiptrequested, to the well operator and the Gas and Oil Inspector. Each noticeshall contain a certification made by the operator that he has complied withthe provisions of this subsection.

B. Subsequent to the filing of the notice required by subsection A, theoperator may proceed with mining operations in accordance with the maps andplans; however, without the prior approval of the Chief, he shall not removeany coal, drive any entry, or extend any workings in any mine closer than 200feet to any gas or oil well already drilled into the projected mine workingsor in the process of being drilled into the projected mine workings.

C. The Chief shall promulgate regulations which prescribe the procedure to befollowed by mine operators in petitioning the Chief for approval to conductsuch activities within 200 feet of a gas or oil well or a verticalventilation hole drilled or in the process of being drilled into theprojected mine workings. Each operator who files such a petition shall mailcopies of the petition, maps and plans by certified mail, return receiptrequested, to the well operator and the Gas and Oil Inspector no later thanthe day of filing. The Gas and Oil Inspector and the operator of the gas oroil well or vertical ventilation hole shall have standing to object to anypetition filed under this section. Such objections shall be filed within tendays following the date such petition is filed.

D. Procedures for safely mining in proximity to or through coalbed methanewells or vertical ventilation holes developed for methane drainage in a mineshall be addressed in the bleeder system plan for that mine required by §45.1-161.220.

(1990, c. 92, § 45.1-92.1; 1994, c. 28; 1999, c. 256.)