                                 CODE OF VIRGINIA

 OBJECTIONS BY COAL OWNER (§ 45.2-1611)

A. In deciding on objections by a coal owner to a proposed permit modification
or drilling unit modification, only the following questions shall be considered:

   1. Whether the work can be done safely with respect to persons engaged in coal
   mining at or near the well site; and

   2. Whether the well work is an unreasonable or arbitrary exercise of the well
   operator&#8217;s right to explore for, market, and produce gas or oil.

B. In deciding on objections by a coal owner to the establishment of a drilling
unit, the issuance of a permit for a new well, or the stimulation of a coalbed
methane gas well, the following safety aspects shall first be considered, and no
order or permit shall be issued where the evidence indicates that the proposed
activity will be unsafe:

   1. Whether the drilling unit or drilling location is above or in close
   proximity to any mine opening or shaft, entry, travel way, airway, haulageway,
   drainageway, or passageway, or to any proposed extension thereof, in any
   operated or abandoned or operating coal mine or in any coal mine already
   surveyed and platted but not yet being operated;

   2. Whether the proposed drilling can reasonably be done through an existing or
   planned pillar of coal, or in close proximity to an existing well or such
   pillar of coal, taking into consideration the surface topography;

   3. Whether the proposed well can be drilled safely or the proposed coalbed
   methane gas well can be stimulated safely, taking into consideration the
   dangers from creeps, squeezes, or other disturbances due to the extraction of
   coal; and

   4. The extent to which the proposed drilling unit or drilling location or
   stimulation of the coalbed methane gas well unreasonably interferes with the
   safe recovery of coal, gas, or oil.

C. The following questions with respect to the drilling unit or drilling
location of a new well or stimulation of a new coalbed methane gas well shall
also be considered:

   1. The extent to which the proposed drilling unit or drilling location or
   coalbed methane gas well stimulation will unreasonably interfere with present
   or future coal mining operations;

   2. The feasibility of moving the proposed drilling unit or drilling location
   to a mined-out area, an area below the coal outcrop, or some other area;

   3. The feasibility of a drilling moratorium for not more than two years in
   order to permit the completion of coal mining operations;

   4. The methods proposed for the recovery of coal and gas;

   5. The practicality of locating the unit or the well on a uniform pattern with
   other units or wells;

   6. The surface topography and use; and

   7. Whether the decision will substantially affect the right of the gas
   operator to explore for and produce the gas.

D. The factors in subsection C are not intended to and shall not be construed to
authorize the Director, or the Board under &#xA7; 45.2-1638, to supersede,
impair, abridge, or affect any contractual rights or obligations existing
between the respective owners of coal and gas or any interest therein.

HISTORY: 1982, c. 347, § 45.1-318; 1990, c. 92, § 45.1-361.11; 2021, Sp. Sess.
I, c. 387.