45.1-161.292 - Surface coal mining; distance from wells; requirements.
§ 45.1-161.292. Surface coal mining; distance from wells; requirements.
A. Any mine operator who plans to remove coal or extend any workings in anymine closer than 500 feet to any gas or oil well already drilled or in theprocess of being drilled shall file with the Chief a notice that mining istaking place or will take place, together with a copy of parts of the mapsand plans required under § 45.1-161.64 which show the mine workings andprojected mine workings beneath the tract in question and within 500 feet ofthe well. Such mine operator shall simultaneously mail copies of such notice,maps and plans by certified mail, return receipt requested, to the welloperator and the Gas and Oil Inspector. Each notice shall certify that themine operator has complied with the provisions of this subsection.
B. Subsequent to the filing of the notice required by subsection A of thissection, the mine operator may proceed with mining operations in accordancewith the maps and plans; however, without the prior approval of the Chief, heshall not remove any coal or extend any workings in any mine closer than 200feet to any gas or oil well already drilled or in the process of beingdrilled. The Chief shall promulgate regulations which prescribe the procedureto be followed by mine operators in petitioning the Chief for approval toconduct such activities closer than 200 feet to a well. A petition mayinclude a request to mine through a plugged well or plugged verticalventilation hole. A petition may also include a request to mine through awell or vertical ventilation hole and lower the head of such well or verticalventilation hole. Each mine operator who files a petition to remove coal orextend any workings closer than 200 feet to any gas or oil well 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 well operator shall havestanding to object to any petition filed under this section. Such objectionsshall be filed within ten days following the date such petition is filed.
(1990, c. 92, § 45.1-92.1; 1994, c. 28.)