2013 Kentucky Revised Statutes CHAPTER 349 - COALBED METHANE DEVELOPMENT 349.020 Filing of objections to drilling -- Filing of real property interest claims -- Issuance of drilling permit -- Department to notify Division of Mine Permits of applications to drill -- Appeal to review board.
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349.020 Filing of objections to drilling -- Filing of real property interest claims
-- Issuance of drilling permit -- Department to notify Division of Mine
Permits of applications to drill -- Appeal to review board.
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If the drilling of a coalbed methane well could adversely affect the present or
future use or operation of a workable coalbed, any coal interest holder may
object to a proposed coalbed methane well, the well's location, the proposed
stimulation in the workable coalbed, or the proposed completion in the
workable coalbed. Any coal interest holder, within twenty (20) days of receipt of
the plat by him or her and by the department, may file specific objections in
writing with the department. The filed objections shall provide sufficient detail
for the applicant to identify the nature and substance of the objection. The
department shall notify the applicant of the objections and fix a time and place
for a hearing before the review board to be conducted in accordance with KRS
Chapter 13B and this chapter.
If any coal interest holder, notified pursuant to KRS 349.015, or any other
person, claims to have a valid real property interest in, or the current legal right
to produce, coalbed methane, the person claiming the real property interest or
right shall notify the applicant and the department, in writing, within twenty (20)
days from the receipt of the plat by him or her and by the department. The
person also shall request that a pooling order be entered pursuant to KRS
349.080(1).
If the record oil and gas lessor, lessee, or well operator notified pursuant to
KRS 349.015, or any other person, claims to have a valid real property interest
in, or the current legal right to produce, coalbed methane, the person claiming
the real property interest or right shall notify the applicant and the department,
in writing, within twenty (20) days from the receipt of the plat by him. The
person shall request that a pooling order be entered pursuant to KRS
349.080(1).
If no objections are filed within the twenty (20) day period, the department shall
immediately issue a drilling permit to the well operator approving the location of
the well and authorizing the well operator to proceed to drill at that location,
provided all other preconditions to issuance of a permit, as contained in this
chapter, have been met.
Upon receipt of an application to drill a coalbed methane well, the department
shall provide a copy of the required plat and permit application to the division.
Within fifteen (15) days of receipt by the division, notification shall be sent to
the department by the division as to whether the proposed coalbed methane
well will be located within the boundaries of any coal mine for which a permit
has been issued or has been applied for pursuant to KRS Chapter 350. If the
proposed coalbed methane well is to penetrate a workable coalbed that is
within the area of an existing permit for an underground mine issued by the
division, or the proposed permitted area of a pending application or permit
modification for an underground mine before the division, the written
authorization of the mine permittee shall be required prior to issuance by the
department of a permit to stimulate, complete, or horizontally drill the coalbed
methane well in the workable coalbed that is within the area of an existing
permit for an underground mine issued by the division or within the proposed
permitted area of a pending application or permit modification for an
underground mine before the division. If the proposed coalbed methane well is
to be located within a surface area permitted, or proposed in a pending
application or permit modification to be issued by the division, the written
authorization of the mine permittee shall be required prior to issuance by the
department of a permit to drill the coalbed methane well. In the absence of the
written authorization of the mine permittee, the applicant may file an appeal
with the review board requesting approval to drill the proposed coalbed
methane well if:
(a) Authorization has been denied by the mine permittee; and
(b) The proposed location and area to be disturbed by the proposed coalbed
methane well has achieved either a partial bond release status or the
bond for the area has been forfeited.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 123, sec. 46, effective June 20, 2005. -Created 2004 Ky. Acts ch. 65, sec. 4, effective July 13, 2004.
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