LIS

Virginia Law

Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 25. Department of Energy
Chapter 40. Safety and Health Regulations for Mineral Mining
12/26/2024

4VAC25-40-5780. Approval to mine near plugged gas or oil well.

A. Applications may be made at any time to the director on forms furnished by the director and containing such information as the director may require by the operator for a permit to mine through a plugged gas or oil well. The application shall be accompanied by a map or maps as specified showing all mining operations or workings projected through the area of the well.

B. Notice of such application shall be sent by certified mail to the well operator and, in the case of mining through a well, to the gas and oil inspector. The notice shall inform the well operator and the gas and oil inspector of the right to object to the proposed mining activity. The objections must be filed with the director within 15 days after notice is received. The application also shall contain information necessary to establish that:

1. The well has been adequately plugged for the purpose of safely mining through, and

2. No oil, gas or fluids can migrate into the mine workings.

C. The director may, prior to considering the application, make or cause to be made any inspections or surveys which he deems necessary and may, if no objection is filed by the well operator or the gas and oil inspector within 15 days after notice is received, grant the request of the operator to conduct the mining operations as projected or with such modifications as he may deem necessary.

D. If the well operator or gas and oil inspector files an objection, a hearing will be held under the same procedures as set forth in § 9-6.14:11 of the Code of Virginia.

E. If the applicant for a permit to mine through a gas or oil well submits proof in writing that none of the persons required to be notified under this section has any objection to the projected mining activity, then the director may waive the notice requirement under this section and grant the request of the operator to conduct the projected mining activity, provided all other conditions have been met.

Statutory Authority

§§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.