                                 CODE OF VIRGINIA

 MINING IN PROXIMITY TO GAS AND OIL WELLS (§ 45.2-1405)

A. The Director shall adopt regulations requiring each licensed operator to
notify, and in appropriate circumstances obtain the consent of, the Director
prior to removing minerals in proximity to any gas or oil well already drilled
or in the process of being drilled.

B. Any licensed operator who plans to remove any mineral, drive any passage or
entry, or extend any workings in any mine within 500 feet of any gas or oil well
already drilled or in the process of being drilled shall file with the Director
a notice that mining is taking place or will take place, together with copies of
the maps and plans required under &#xA7; 45.2-1131 showing the mine workings and
projected mine workings that are within 500 feet of the well. The licensed
operator shall simultaneously mail copies of such notice, maps, and plans by
certified mail, return receipt requested, to the well operator and the Gas and
Oil Inspector appointed pursuant to the provisions of &#xA7; 45.2-1604. Each
such notice shall contain a certification made by the sender that the sender has
complied with such requirements.

C. After filing such notice, the licensed operator may proceed with mining
operations in accordance with the maps and plans submitted; however, without the
prior approval of the Director, the operator shall not remove any material,
drive any entry, or extend any workings in any mine within 200 feet of any gas
or oil well already drilled or in the process of being drilled. Each licensed
operator who files such a petition shall mail copies of the petition, maps, and
plans by certified mail, return receipt requested, to the well 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 object to any petition filed under
this section. Any such objection shall be filed within 10 days following the
date such petition is filed.

HISTORY: 1990, c. 92, § 45.1-92.1; 1994, c. 28, § 45.1-161.296; 1997, c. 390;
1998, c. 695; 2021, Sp. Sess. I, c. 387.