                                 CODE OF VIRGINIA

 SURFACE COAL MINING; DISTANCE FROM WELLS; REQUIREMENTS (§ 45.2-939)

A. Any mine operator who plans to remove coal or extend any workings in any mine
to a distance of less than 500 feet from any gas or oil well that is already
drilled or is in the process of being drilled shall file with the Chief a notice
that such mining is taking place or will take place, together with copies of
parts of the maps and plans required under &#xA7; 45.2-542 that show the mine
workings and projected mine workings beneath the tract in question and within
500 feet of the well. Such mine 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. The mine operator shall certify in each notice that he has
complied with the provisions of this subsection.

B. Subsequent to the filing of the notice required by subsection A, the mine
operator may proceed with surface coal mining operations in accordance with the
maps and plans. However, without the prior approval of the Chief, such mine
operator shall not remove any coal or extend any workings in any mine to a
distance of less than 200 feet from any gas or oil well that is already drilled
or is in the process of being drilled.

C. The Chief shall adopt regulations that prescribe the procedure to be followed
by a mine operator in petitioning the Chief for approval to conduct surface coal
mining operations to a distance of less than 200 feet from a well. A petition
may include a request to mine through a plugged well or a plugged vertical
ventilation hole. Such petition may also include a request to mine through a
well or a vertical ventilation hole and to lower the head of such well or
vertical ventilation hole. Each mine operator who files a petition to remove
coal or extend any workings to a distance of less than 200 feet from any gas or
oil well 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 well operator and the Gas and Oil Inspector
shall have standing to object to any petition filed under this section. 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, § 45.1-161.292; 2021, Sp.
Sess. I, c. 387.