352.510 Mining near oil or gas wells -- Hearing.
525 words·~2 min read·
/ky/chapter-352/352-510A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In any underground mine before removing any coal or other material or driving any
entry or passageway within three hundred
(300)feet of any surveyed natural gas or
petroleum well, or before extending the workings in any mine beneath any tract of
land on which these wells are also drilled, or within three hundred
(300)feet of any
of these wells or under any tract of land in visible possession of a well operator, the
operator shall forward simultaneously to the well operator and to the Department
for Natural Resources, by certified mail, return receipt requested, or by registered
mail, a copy of the maps and plans required by law to be filed and kept up to date,
showing on the copy of the map or plan its mine workings and projected mine
workings beneath the tract of land and within three hundred
(300)feet of its outer
boundaries. The operator may then proceed with his mining operations in the
manner indicated on the copy of the map or plan; but if the conduct of his mining
operations nearer than three hundred
(300)feet to any surveyed natural gas or
petroleum well, whether completed or being drilled, or to any proposed well where
a derrick is being constructed for drilling, or proposed well will endanger the use of
drilling of the well, the well owner or operator affected may, within fifteen
days from the receipt of the copy of the map by him and the department, file
specific objections in writing to the mining operations within less than three
hundred
(300)feet of the well; and if the objection is filed, the department shall
notify the operator of the character of the objections and fix a time and place for an
informal hearing not more than ten
(10)days from the end of the fifteen
(15)day
period. At the hearing, the operator and the well operator, in person or by a
representative, shall consider the objections and agree upon the character and extent
of operations to be conducted within less than three hundred
(300)feet of the well
to satisfy the objections raised and meet the approval of the department. And, if no
agreement can be reached, the department, after an administrative hearing
conducted in accordance with KRS Chapter 13B, shall make a decision defining
what coal, if any, is necessary to be left for the safe protection of the use and
operation of the well. The decision shall be subject to appeal by either party as
provided in KRS 351.040. The department shall keep a complete record of all the
hearings.
(2)The mine operator shall, every six
(6)months, while mining within three hundred
(300)feet of the surveyed natural gas and petroleum well, bring up to date the maps
and plans required by this section, or file new maps and plans complete to date.
(3)Prior to issuance of a waiver to mine within three hundred
(300)feet of an oil or gas
well, the Division of Mine Safety shall determine whether the oil or gas operator
has been properly notified as required by subsection
(1)of this section.