§ 45.1-361.30. Notice of permit applications and permit modificationapplications required; content.
A. Within one day of the day on which the application for a permit for a gasor oil operation is filed, the applicant shall provide notice of theapplication to the following persons:
1. All surface owners, coal owners, and mineral owners on the tract to bedrilled;
2. Coal operators who have registered operation plans with the Department foractivities located on the tract to be drilled;
3. All surface owners on tracts where the surface is to be disturbed;
4. All gas, oil, or royalty owners within one-half of the distance specifiedin § 45.1-361.17 for that type of well, or within one-half of the distance tothe nearest well completed in the same pool, whichever is less, or within theboundaries of a drilling unit established pursuant to the provisions of thischapter;
5. All coal operators who have applied for or obtained a mining orprospecting permit with respect to tracts located within 500 feet of theproposed well location or in the case of a proposed coalbed methane gas welllocation, within 750 feet thereof;
6. All coal owners or mineral owners on tracts located within 500 feet of theproposed well location or in the case of a proposed coalbed methane gas welllocation, within 750 feet thereof; and
7. All operators of gas storage fields certificated by the State CorporationCommission as a public utility facility whose certificated area includes thewell location, or whose certificated boundary is within 1,250 feet of theproposed well location.
B. Within one day of the day on which the application for a permitmodification for a gas or oil operation is filed, the applicant requestingsuch permit modification shall provide notice of the application to allpersons listed in subsection A of this section who may be directly affectedby the proposed activity.
C. Within one day of the day on which the application for a permit forgeophysical operations is submitted, the applicant shall provide notice tothose persons listed in subdivisions 1, 2, and 3 of subsection A of thissection.
D. All notices required to be given pursuant to subsections A, B, and C ofthis section shall contain a statement of the time within which objectionsmay be made and the name and address of the person to whom objections shallbe forwarded. Only those persons entitled to notice under subsections A, B,and C of this section shall have standing to object to the issuance of theproposed permit or permit modification for a gas, oil, or geophysicaloperation as the use may be. Upon receipt of notice, any person may waive inwriting the time and right to object.
E. Within seven days of the day on which the application for a permit isfiled, the applicant shall provide notice to (i) the local governing body orchief executive officer of the locality where the well is proposed to belocated and (ii) the general public, through publication of a notice in atleast one newspaper of general circulation that is widely circulated in thelocality where the well is proposed to be located.
F. An applicant shall make a reasonable effort to provide the noticesrequired under subsections A, B, and C. If an applicant is unable to identifyor locate any person to whom notice is required, then the notice provided inclause (ii) of subsection E shall be considered sufficient notice to suchpersons and the date of notification shall be the date of publication.
(1982, c. 347, § 45.1-313; 1984, c. 590; 1987, c. 452; 1989, c. 529; 1990, c.92; 1996, c. 854; 2008, c. 534.)
§ 45.1-361.30. Notice of permit applications and permit modificationapplications required; content.
A. Within one day of the day on which the application for a permit for a gasor oil operation is filed, the applicant shall provide notice of theapplication to the following persons:
1. All surface owners, coal owners, and mineral owners on the tract to bedrilled;
2. Coal operators who have registered operation plans with the Department foractivities located on the tract to be drilled;
3. All surface owners on tracts where the surface is to be disturbed;
4. All gas, oil, or royalty owners within one-half of the distance specifiedin § 45.1-361.17 for that type of well, or within one-half of the distance tothe nearest well completed in the same pool, whichever is less, or within theboundaries of a drilling unit established pursuant to the provisions of thischapter;
5. All coal operators who have applied for or obtained a mining orprospecting permit with respect to tracts located within 500 feet of theproposed well location or in the case of a proposed coalbed methane gas welllocation, within 750 feet thereof;
6. All coal owners or mineral owners on tracts located within 500 feet of theproposed well location or in the case of a proposed coalbed methane gas welllocation, within 750 feet thereof; and
7. All operators of gas storage fields certificated by the State CorporationCommission as a public utility facility whose certificated area includes thewell location, or whose certificated boundary is within 1,250 feet of theproposed well location.
B. Within one day of the day on which the application for a permitmodification for a gas or oil operation is filed, the applicant requestingsuch permit modification shall provide notice of the application to allpersons listed in subsection A of this section who may be directly affectedby the proposed activity.
C. Within one day of the day on which the application for a permit forgeophysical operations is submitted, the applicant shall provide notice tothose persons listed in subdivisions 1, 2, and 3 of subsection A of thissection.
D. All notices required to be given pursuant to subsections A, B, and C ofthis section shall contain a statement of the time within which objectionsmay be made and the name and address of the person to whom objections shallbe forwarded. Only those persons entitled to notice under subsections A, B,and C of this section shall have standing to object to the issuance of theproposed permit or permit modification for a gas, oil, or geophysicaloperation as the use may be. Upon receipt of notice, any person may waive inwriting the time and right to object.
E. Within seven days of the day on which the application for a permit isfiled, the applicant shall provide notice to (i) the local governing body orchief executive officer of the locality where the well is proposed to belocated and (ii) the general public, through publication of a notice in atleast one newspaper of general circulation that is widely circulated in thelocality where the well is proposed to be located.
F. An applicant shall make a reasonable effort to provide the noticesrequired under subsections A, B, and C. If an applicant is unable to identifyor locate any person to whom notice is required, then the notice provided inclause (ii) of subsection E shall be considered sufficient notice to suchpersons and the date of notification shall be the date of publication.
(1982, c. 347, § 45.1-313; 1984, c. 590; 1987, c. 452; 1989, c. 529; 1990, c.92; 1996, c. 854; 2008, c. 534.)
§ 45.1-361.30. Notice of permit applications and permit modificationapplications required; content.
A. Within one day of the day on which the application for a permit for a gasor oil operation is filed, the applicant shall provide notice of theapplication to the following persons:
1. All surface owners, coal owners, and mineral owners on the tract to bedrilled;
2. Coal operators who have registered operation plans with the Department foractivities located on the tract to be drilled;
3. All surface owners on tracts where the surface is to be disturbed;
4. All gas, oil, or royalty owners within one-half of the distance specifiedin § 45.1-361.17 for that type of well, or within one-half of the distance tothe nearest well completed in the same pool, whichever is less, or within theboundaries of a drilling unit established pursuant to the provisions of thischapter;
5. All coal operators who have applied for or obtained a mining orprospecting permit with respect to tracts located within 500 feet of theproposed well location or in the case of a proposed coalbed methane gas welllocation, within 750 feet thereof;
6. All coal owners or mineral owners on tracts located within 500 feet of theproposed well location or in the case of a proposed coalbed methane gas welllocation, within 750 feet thereof; and
7. All operators of gas storage fields certificated by the State CorporationCommission as a public utility facility whose certificated area includes thewell location, or whose certificated boundary is within 1,250 feet of theproposed well location.
B. Within one day of the day on which the application for a permitmodification for a gas or oil operation is filed, the applicant requestingsuch permit modification shall provide notice of the application to allpersons listed in subsection A of this section who may be directly affectedby the proposed activity.
C. Within one day of the day on which the application for a permit forgeophysical operations is submitted, the applicant shall provide notice tothose persons listed in subdivisions 1, 2, and 3 of subsection A of thissection.
D. All notices required to be given pursuant to subsections A, B, and C ofthis section shall contain a statement of the time within which objectionsmay be made and the name and address of the person to whom objections shallbe forwarded. Only those persons entitled to notice under subsections A, B,and C of this section shall have standing to object to the issuance of theproposed permit or permit modification for a gas, oil, or geophysicaloperation as the use may be. Upon receipt of notice, any person may waive inwriting the time and right to object.
E. Within seven days of the day on which the application for a permit isfiled, the applicant shall provide notice to (i) the local governing body orchief executive officer of the locality where the well is proposed to belocated and (ii) the general public, through publication of a notice in atleast one newspaper of general circulation that is widely circulated in thelocality where the well is proposed to be located.
F. An applicant shall make a reasonable effort to provide the noticesrequired under subsections A, B, and C. If an applicant is unable to identifyor locate any person to whom notice is required, then the notice provided inclause (ii) of subsection E shall be considered sufficient notice to suchpersons and the date of notification shall be the date of publication.
(1982, c. 347, § 45.1-313; 1984, c. 590; 1987, c. 452; 1989, c. 529; 1990, c.92; 1996, c. 854; 2008, c. 534.)
