2019 Kentucky Revised Statutes Chapter 353 - Mineral conservation and development 353.050 Plat, showing well, to be filed if well is to extend through coal-bearing strata -- Copies to certain persons.
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353.050 Plat, showing well, to be filed if well is to extend through coal-bearing
strata -- Copies to certain persons.
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Before a permit may be issued to drill a well on any tract known to be underlaid
with coal-bearing strata the well operator shall have a plat prepared showing the
exact location of the proposed well utilizing latitudes and longitudes and the Carter
coordinate system.
If the location of any well proposed to be drilled, deepened, or reopened is known to
be underlaid by a coal-bearing stratum, which is not in operation, owned by a
person other than the oil and gas lessor or lessee then, simultaneously with the filing
of an application for a permit, the applicant shall send by registered or certified mail
a copy of the required plat to the record coal owner or owners, and record coal
lessee.
If the coal-bearing stratum is under operation, a copy of the required plat shall also
be sent by the applicant by registered or certified mail to each coal operator
operating any stratum as designated on the current license issued by the department
and at the address stated thereon.
If the address of any record owner is unknown to the applicant and cannot upon
diligent inquiry within the county be ascertained, or if there are more than five (5)
record owners then, if the applicant shall file with the department an affidavit that
either condition exists, the department may prescribe some different method of
notifying the record owner in lieu of sending a copy of the plat as required by this
section, or may dispense with the requirements of this section.
The plat shall be filed and become a permanent record, subject to inspection at any
time by any interested person. Any agent of the coal operator or any superintendent
in actual charge of the mine may be considered as a coal operator, and any process
agent or other agent or person in charge of the coal for him may be considered the
owner, for the purposes of mailing the required copy of the plat.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 348, sec. 4, effective July 14, 1992. -- Amended
1974 Ky. Acts ch. 315, sec. 77. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 3766b-6.
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