Section 180. Mining within 200 feet of a plugged vertical ventilation hole or gas well

A. A mine operator shall submit an application for a permit to mine through or within 200 feet of either a plugged vertical ventilation hole or plugged gas well.

B. The plan shall comply with requirements developed by the chief. It shall be accompanied by an accurate map or plat showing the location of the hole, well, or pipeline, mine workings within 500 horizontal feet of the hole, well, or pipeline, and projected mine workings within 200 horizontal feet of the hole, well, or pipeline in accordance with the state plane coordinate system. The plan shall also contain safety precautions relevant to mining procedures such as: ventilation standards, rock dusting standards, frequency of methane checks, communication procedures, and personnel involved.

C. The application shall contain information from the log completed by the person who conducted the plugging necessary to establish that:

1. The hole or well has been adequately plugged with cement, from a point 50 feet below the coal seam to a point 50 feet above the coal seam, unless otherwise approved by the chief.

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

D. The chief may, prior to considering the plan make or cause to be made any inspections or surveys which he deems necessary. The chief may also prescribe safety precautions he deems necessary.

E. Notice of intent, including a copy of the plan, shall be sent by certified mail to the vertical ventilation hole or gas well operator if applicable and, in the case of mining through a gas well, to the Gas and Oil Inspector. The notice shall inform the hole or well operator and the Gas and Oil Inspector of the right to object to the proposed mining activity. Objections shall be filed with the chief within 10 days of the date that the notice is received. If the hole or well operator or the Gas and Oil Inspector files an objection, the chief shall schedule a hearing in accordance with the provisions of 4VAC25-101-70.

F. If the mine operator 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 chief may waive the notice requirement and approve the plan, provided all other conditions for plan approval have been met.

G. The chief may, if an objection is not filed by the hole or well operator or the Gas and Oil Inspector within the specified period, approve the plan for the mining operations as projected, or with such modifications and written safety precautions as the chief may deem necessary.

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.