Administrative Code

Virginia Administrative Code
12/5/2021

Part XVI. Mining Near Gas and Oil Wells

Article 11
Gassy Mines

4VAC25-40-5750. Notice of intent to mine near gas or oil wells.

A. Before removing minerals, or extending any mine workings or mining operations within 500 feet of any permitted gas or oil well, or gas or oil well being drilled, the operator of such mine shall give notice by certified mail to the well operator, the gas and oil inspector and the director, and shall forward with the notice an accurate map or maps on a scale of 400 feet to the inch showing its mine workings and projected mine workings beneath the tract of land or within 500 feet of the gas or oil well.

B. After giving notice and furnishing the map, the operator may proceed with mining operations as shown on the map, but shall not remove minerals or conduct any mining operations nearer than 200 feet to any permitted well or well that is being drilled without the consent of the director.

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.

4VAC25-40-5760. Application for mining near gas or oil wells.

A. Application may be made at any time to the director by the operator for an approval to conduct mining operations within 200 feet of any permitted gas or oil well, or gas or oil well being drilled, on forms furnished by the director and containing such information as the director may require.

B. The application shall be accompanied by a map or maps as specified in Chapter 16 (§ 45.1-180 et seq.) of Title 45.1 of the Code of Virginia showing all mining operations or workings projected within 200 feet of the well.

C. Notice of the application shall be sent by certified mail to the well operator and the gas and oil inspector. The notice shall inform the well operator of the right to object to the proposed mining activity. Objections must be filed with the director within 15 days after notice is received by the objecting person.

D. 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 the 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.

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

F. If the applicant for an approval to mine within 200 feet of 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.

4VAC25-40-5770. Mining plan.

When mining within 200 feet of a gas or oil well, the mine operator shall submit a plan showing projected pillars of minerals to be left unmined around each well. The pillars shall be situated so that each well is centered within a pillar. The excavated areas adjacent to any pillar may not exceed 20 feet in width without prior approval from the director. In no circumstances may the narrowest pillar dimension be less than twice the width of the excavated area.

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.

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.