                                 CODE OF VIRGINIA

 OBJECTIONS TO PERMITS; HEARING (§ 45.2-1637)

A. Objections to a new permit or permit modification may be filed with the
Director by any person having standing as set out in &#xA7; 45.2-1632. Such
objections shall be filed within 15 days of the objecting party&#8217;s receipt
of the notice required by &#xA7; 45.2-1632. Any person objecting to a permit
shall state the reasons for his objections.

B. The only objections to permits or permit modifications that may be raised by
a surface owner are:

   1. The operations plan for soil erosion and sediment control is not adequate
   or not effective;

   2. Measures in addition to the requirement for a well&#8217;s water-protection
   string are necessary to protect freshwater-bearing strata;

   3. The permitted work will constitute a hazard to the safety of any person;

   4. Location of the coalbed methane well or coalbed methane well pipeline will
   unreasonably infringe on the surface owner&#8217;s use of the surface, so long
   as a reasonable alternative site is available within the unit and granting the
   objection will not materially impair any right contained in an agreement,
   valid at the time of the objection, between the surface owner and the operator
   or their predecessors or successors in interest; and

   5. If the surface owner is an interstate park commission, the location of the
   well or pipeline will unreasonably infringe on the surface owner&#8217;s use
   of the surface, so long as a reasonable alternative site is available within
   the unit and granting the objection will not materially impair any right
   contained in an agreement, valid at the time of the objection, between the
   surface owner and the operator or their predecessors or successors in
   interest.

C. The only objections to permits or permit modifications that may be raised by
a royalty owner are that the proposed well work:

   1. Directly impinges upon the royalty owner&#8217;s gas and oil interest;

   2. Threatens to violate the objecting royalty owner&#8217;s property or
   statutory rights aside from his contractual rights; and

   3. Would not adequately prevent the escape of the Commonwealth&#8217;s gas and
   oil resources or provide for the accurate measurement of gas and oil
   production and delivery to the first point to sale.

D. Objections to permits or permit modifications may be raised by a coal owner
or operator pursuant to the provisions of &#xA7;&#xA7; 45.2-1611 and 45.2-1612.

E. The only objections to permits or permit modifications that may be raised by
a mineral owner are those that could be raised by a coal owner under &#xA7;
45.2-1611, so long as the mineral owner makes the objection and affirmatively
proves that it does in fact apply with equal force to the mineral in question.

F. The only objections to permits or permit modifications that may be raised by
a gas storage field operator are those in which the gas storage operator
affirmatively proves that the proposed well work will adversely affect the
operation of his gas storage field certificated by the State Corporation
Commission; however, nothing in this subsection shall be construed to preclude
the owner of nonstorage strata from drilling a well for the purpose of producing
oil or gas from any stratum above or below the storage stratum.

G. The Director shall fix a time and place for an informal fact-finding hearing
concerning an objection filed pursuant to this section. The hearing shall be
scheduled for not less than 20 nor more than 30 days after the objection is
filed. The Director shall prepare a notice of the hearing, stating all
objections and by whom each is made, and send a copy of such notice by certified
mail, return receipt requested, at least 10 days prior to the hearing date to
the permit applicant and to every person with standing to object as prescribed
by &#xA7; 45.2-1632.

H. At the hearing, if the parties fail to come to an agreement, the Director
shall proceed to decide the objection pursuant to the provisions of the
Administrative Process Act (&#xA7; 2.2-4000 et seq.) relating to informal
fact-finding procedures.

HISTORY: 1982, c. 347, §§ 45.1-315, 45.1-316, 45.1-317; 1987, c. 452; 1989, c.
529; 1990, c. 92, § 45.1-361.35; 1996, c. 854; 1998, c. 228; 2002, c. 277;
2021, Sp. Sess. I, c. 387.