Section 20. Application for permits; maps or plats; notice

A. Before drilling a vertical ventilation hole on any tract of land, the mine operator shall file with the chief, together with the application required, an accurate map or plat. It shall show:

1. The proposed or actual horizontal location of the vertical ventilation hole shown in accordance with the state plane coordinate system, the latitude and longitude, and the surface elevation;

2. The courses and distances of the proposed location from two permanent points or landmarks as shown on the map or plat;

3. The name and number proposed to be given to the hole;

4. The name of the owner and the boundaries and acreage of the tract on which the hole is to be drilled;

5. The names of the owners of all surface and mineral tracts within 750 feet of the proposed location; and

6. Any building, highway, railroad, stream, vertical ventilation hole, oil or gas operation, oil or gas pipeline, mine, mine openings or workings, or quarry within 750 feet of the proposed location.

B. Notice in the form of a copy of the application and map or plat shall be sent by certified mail to the following:

1. Each owner of the surface of the tract which is to be drilled;

2. Each owner and lessee of record of any coal or mineral rights on, in or under such land; and

3. Each operator or permit holder of any mine, well or quarry within 750 feet of the proposed location.

C. The notice shall inform all persons with standing to object to the permit of their right to object to the proposed location, and shall state the prescribed time limit for objections. Objections filed under this section shall be limited to the proposed location of the vertical ventilation hole and shall state the nature of the objection.

D. Each owner, lessee or operator may, within 10 days of receipt of the notice, file with the chief an objection to the proposed location.

E. Any person required to be notified under this section may waive the right to receive notice of the application and the right to object to the proposed location of the hole. The waiver shall be in writing and shall include a written agreement specifying the location of the proposed hole.

F. Each application shall also contain a description of all safety equipment and safety facilities to be used on the surface during drilling and after completion of the hole. The description shall include a diagram showing the placement of equipment and facilities. Safety equipment and facilities described when intersecting active workings shall include, but are not limited to:

1. Flame arresters;

2. Back-pressure systems;

3. Pressure-relief systems;

4. Vent systems; and

5. Fire-fighting equipment.

G. Safety equipment and facilities may be removed when a vertical ventilation hole does not intersect active workings and is not utilized to remove methane from a mine ventilation system.

H. The operator of a coalbed methane or gas well may convert to a vertical ventilation hole by submitting an application to the chief containing the information specified in subsections A and F of this section.

I. The operator shall notify the chief in writing prior to converting vertical ventilation hole to a coalbed methane well or gas well.

Historical Notes

Derived from Volume 17, Issue 20, eff. July 18, 2001.

Statutory Authority

§§ 45.1-161.3, 45.1-161.106, 45.1-161.121, 45.1-161.254 and 45.1-161.292 of the Code of Virginia.