45.1-161.307 - Mining in proximity to gas and oil wells.
§ 45.1-161.307. Mining in proximity to gas and oil wells.
A. The Director shall promulgate regulations requiring licensed operators tonotify, and in appropriate circumstances obtain the consent of, the Directorprior to removing minerals in the proximity of any gas or oil well alreadydrilled or in the process of being drilled.
B. Any licensed operator who plans to remove any mineral, drive any passageor entry or extend any workings in any mine closer than 500 feet to any gasor oil well already drilled or in the process of being drilled shall filewith the Director a notice that mining is taking place or will take place,together with a copy of parts of the maps and plans required under §45.1-161.292:37, which show the mine workings and projected mine workingswhich are within 500 feet of the well. The licensed operator shallsimultaneously mail copies of such notice, maps and plans by certified mail,return receipt requested, to the well operator and the Gas and Oil Inspector.Each notice shall contain a certification made by the sender that he hascomplied with these requirements.
C. Subsequent to the filing of the notice, the licensed operator may proceedwith mining operations in accordance with the maps and plans; however,without the prior approval of the Director, he shall not remove any material,drive any entry, or extend any workings in any mine closer than 200 feet toany gas or oil well already drilled or in the process of being drilled. Eachlicensed operator who files such a petition shall mail copies of thepetition, maps and plans by certified mail, return receipt requested, to thewell operator and the Gas and Oil Inspector no later than the day of filing.The Gas and Oil Inspector and the well operator shall have standing to objectto any petition filed under this section. Such objections shall be filedwithin ten days following the date such petition is filed.
(1990, c. 92, § 45.1-92.1; 1994, c. 28; 1997, c. 390; 1998, c. 695.)