A. In deciding on objections by a coal owner to a proposed permitmodification or drilling unit modification, only the following questionsshall be considered:
1. Whether the work can be done safely with respect to persons engaged incoal mining at or near the well site; and
2. Whether the well work is an unreasonable or arbitrary exercise of the welloperator's right to explore for, market and produce oil and gas.
B. In deciding on objections by a coal owner to the establishment of adrilling unit, a permit for a new well, or the stimulation of a coalbedmethane gas well, the following safety aspects shall first be considered, andno order or permit shall be issued where the evidence indicates that theproposed activities will be unsafe:
1. Whether the drilling unit or drilling location is above or in closeproximity to any mine opening or shaft, entry, travelway, airway, haulageway,drainageway or passageway, or to any proposed extension thereof, in anyoperated or abandoned or operating coal mine, or in any coal mine alreadysurveyed and platted but not yet being operated;
2. Whether the proposed drilling can reasonably be done through an existingor planned pillar of coal, or in close proximity to an existing well or suchpillar of coal, taking into consideration the surface topography;
3. Whether the proposed well can be drilled safely or the proposed coalbedmethane gas well can be stimulated safely, taking into consideration thedangers from creeps, squeezes or other disturbances due to the extraction ofcoal; and
4. The extent to which the proposed drilling unit or drilling location orstimulation of the coalbed methane gas well unreasonably interferes with thesafe recovery of coal, oil and gas.
C. The following questions with respect to the drilling unit or drillinglocation of a new well or stimulation of a new coalbed methane gas well shallalso be considered:
1. The extent to which the proposed drilling unit or drilling location orcoalbed methane gas well stimulation will unreasonably interfere with presentor future coal mining operations;
2. The feasibility of moving the proposed drilling unit or drilling locationto a mined-out area, below the coal outcrop or to some other area;
3. The feasibility of a drilling moratorium for not more than two years inorder to permit the completion of coal mining operations;
4. The method proposed for the recovery of coal and gas;
5. The practicality of locating the unit or the well on a uniform patternwith other units or wells;
6. The surface topography and use; and
7. Whether the decision will substantially affect the right of the gasoperator to explore for and produce the gas.
The factors in subsection C of this section are not intended to and shall notbe construed to authorize the Director, or the Board under § 45.1-361.36, tosupersede, impair, abridge or affect any contractual rights or obligationsnow or hereafter existing between the respective owners of coal and gas orany interest therein.
A. In deciding on objections by a coal owner to a proposed permitmodification or drilling unit modification, only the following questionsshall be considered:
1. Whether the work can be done safely with respect to persons engaged incoal mining at or near the well site; and
2. Whether the well work is an unreasonable or arbitrary exercise of the welloperator's right to explore for, market and produce oil and gas.
B. In deciding on objections by a coal owner to the establishment of adrilling unit, a permit for a new well, or the stimulation of a coalbedmethane gas well, the following safety aspects shall first be considered, andno order or permit shall be issued where the evidence indicates that theproposed activities will be unsafe:
1. Whether the drilling unit or drilling location is above or in closeproximity to any mine opening or shaft, entry, travelway, airway, haulageway,drainageway or passageway, or to any proposed extension thereof, in anyoperated or abandoned or operating coal mine, or in any coal mine alreadysurveyed and platted but not yet being operated;
2. Whether the proposed drilling can reasonably be done through an existingor planned pillar of coal, or in close proximity to an existing well or suchpillar of coal, taking into consideration the surface topography;
3. Whether the proposed well can be drilled safely or the proposed coalbedmethane gas well can be stimulated safely, taking into consideration thedangers from creeps, squeezes or other disturbances due to the extraction ofcoal; and
4. The extent to which the proposed drilling unit or drilling location orstimulation of the coalbed methane gas well unreasonably interferes with thesafe recovery of coal, oil and gas.
C. The following questions with respect to the drilling unit or drillinglocation of a new well or stimulation of a new coalbed methane gas well shallalso be considered:
1. The extent to which the proposed drilling unit or drilling location orcoalbed methane gas well stimulation will unreasonably interfere with presentor future coal mining operations;
2. The feasibility of moving the proposed drilling unit or drilling locationto a mined-out area, below the coal outcrop or to some other area;
3. The feasibility of a drilling moratorium for not more than two years inorder to permit the completion of coal mining operations;
4. The method proposed for the recovery of coal and gas;
5. The practicality of locating the unit or the well on a uniform patternwith other units or wells;
6. The surface topography and use; and
7. Whether the decision will substantially affect the right of the gasoperator to explore for and produce the gas.
The factors in subsection C of this section are not intended to and shall notbe construed to authorize the Director, or the Board under § 45.1-361.36, tosupersede, impair, abridge or affect any contractual rights or obligationsnow or hereafter existing between the respective owners of coal and gas orany interest therein.
A. In deciding on objections by a coal owner to a proposed permitmodification or drilling unit modification, only the following questionsshall be considered:
1. Whether the work can be done safely with respect to persons engaged incoal mining at or near the well site; and
2. Whether the well work is an unreasonable or arbitrary exercise of the welloperator's right to explore for, market and produce oil and gas.
B. In deciding on objections by a coal owner to the establishment of adrilling unit, a permit for a new well, or the stimulation of a coalbedmethane gas well, the following safety aspects shall first be considered, andno order or permit shall be issued where the evidence indicates that theproposed activities will be unsafe:
1. Whether the drilling unit or drilling location is above or in closeproximity to any mine opening or shaft, entry, travelway, airway, haulageway,drainageway or passageway, or to any proposed extension thereof, in anyoperated or abandoned or operating coal mine, or in any coal mine alreadysurveyed and platted but not yet being operated;
2. Whether the proposed drilling can reasonably be done through an existingor planned pillar of coal, or in close proximity to an existing well or suchpillar of coal, taking into consideration the surface topography;
3. Whether the proposed well can be drilled safely or the proposed coalbedmethane gas well can be stimulated safely, taking into consideration thedangers from creeps, squeezes or other disturbances due to the extraction ofcoal; and
4. The extent to which the proposed drilling unit or drilling location orstimulation of the coalbed methane gas well unreasonably interferes with thesafe recovery of coal, oil and gas.
C. The following questions with respect to the drilling unit or drillinglocation of a new well or stimulation of a new coalbed methane gas well shallalso be considered:
1. The extent to which the proposed drilling unit or drilling location orcoalbed methane gas well stimulation will unreasonably interfere with presentor future coal mining operations;
2. The feasibility of moving the proposed drilling unit or drilling locationto a mined-out area, below the coal outcrop or to some other area;
3. The feasibility of a drilling moratorium for not more than two years inorder to permit the completion of coal mining operations;
4. The method proposed for the recovery of coal and gas;
5. The practicality of locating the unit or the well on a uniform patternwith other units or wells;
6. The surface topography and use; and
7. Whether the decision will substantially affect the right of the gasoperator to explore for and produce the gas.
The factors in subsection C of this section are not intended to and shall notbe construed to authorize the Director, or the Board under § 45.1-361.36, tosupersede, impair, abridge or affect any contractual rights or obligationsnow or hereafter existing between the respective owners of coal and gas orany interest therein.
