A. Objections to new or modification permits may be filed with the Directorby those having standing as set out in § 45.1-361.30. Such objections shallbe filed within fifteen days of the objecting party's receipt of the noticerequired by § 45.1-361.30. Persons objecting to a permit must state thereasons for their objections.
B. The only objections to permits or permit modifications that may be raisedby surface owners are:
1. The operations plan for soil erosion and sediment control is not adequateor not effective;
2. Measures in addition to the requirement for a well's water-protectionstring are necessary to protect fresh water-bearing strata;
3. The permitted work will constitute a hazard to the safety of any person;
4. Location of the coalbed methane well or coalbed methane well pipeline willunreasonably infringe on the surface owner's use of the surface, providedthat a reasonable alternative site is available within the unit, and grantingthe objection will not materially impair any right contained in an agreement,valid at the time of the objection, between the surface owner and theoperator or their predecessors or successors in interest; and
5. If the surface owner is an interstate park commission, the location of thewell or pipeline will unreasonably infringe on the surface owner's use of thesurface, provided that a reasonable alternative site is available within theunit, and that granting the objection will not materially impair any rightcontained in an agreement, valid at the time of the objection, between thesurface owner and the operator or their predecessors or successors ininterest.
C. The only objections to permits or permit modifications that may be raisedby royalty owners are whether the proposed well work:
1. Directly impinges upon the royalty owner's gas and oil interest; or
2. Threatens to violate the objecting royalty owner's property or statutoryrights aside from his contractual rights; and
3. Would not adequately prevent the escape of the Commonwealth's gas and oilresources or provide for the accurate measurement of gas and oil productionand delivery to the first point to sale.
D. Objections to permits or permit modifications may be raised by coal ownersor operators pursuant to the provisions of §§ 45.1-361.11 and 45.1-361.12.
E. The only objections to permits or permit modifications that may be raisedby mineral owners are those that could be raised by a coal owner under §45.1-361.11 provided the mineral owner makes the objection and affirmativelyproves that it does in fact apply with equal force to the mineral in question.
F. The only objections to permits or permit modifications that may be raisedby gas storage field operators are those in which the gas storage operatoraffirmatively proves that the proposed well work will adversely affect theoperation of his State Corporation Commission certificated gas storage field;however, nothing in this subsection shall be construed to preclude the ownerof nonstorage strata from the drilling of wells for the purpose of producingoil or gas from any stratum above or below the storage stratum.
G. The Director shall have no jurisdiction to hear objections with respect toany matter subject to the jurisdiction of the Board as set out in Article 2(§ 45.1-361.13 et seq.) of this chapter. Such objections shall be referred tothe Board in a manner prescribed by the Director.
H. The Director shall fix a time and place for an informal fact-findinghearing concerning such objections. The hearing shall not be scheduled forless than twenty nor more than thirty days after the objection is filed. TheDirector shall prepare a notice of the hearing, stating all objections and bywhom made, and send a copy of such notice by certified mail, return receiptrequested, at least ten days prior to the hearing date, to the permitapplicant and to every person with standing to object as prescribed by §45.1-361.30.
I. At the hearing, should the parties fail to come to an agreement, theDirector shall proceed to decide the objection pursuant to those provisionsof the Administrative Process Act (§ 2.2-4000 et seq.) relating to informalfact-finding procedures.
(1982, c. 347, §§ 45.1-315, 45.1-316, 45.1-317; 1987, c. 452; 1989, c. 529;1990, c. 92; 1996, c. 854; 1998, c. 228; 2002, c. 277.)
A. Objections to new or modification permits may be filed with the Directorby those having standing as set out in § 45.1-361.30. Such objections shallbe filed within fifteen days of the objecting party's receipt of the noticerequired by § 45.1-361.30. Persons objecting to a permit must state thereasons for their objections.
B. The only objections to permits or permit modifications that may be raisedby surface owners are:
1. The operations plan for soil erosion and sediment control is not adequateor not effective;
2. Measures in addition to the requirement for a well's water-protectionstring are necessary to protect fresh water-bearing strata;
3. The permitted work will constitute a hazard to the safety of any person;
4. Location of the coalbed methane well or coalbed methane well pipeline willunreasonably infringe on the surface owner's use of the surface, providedthat a reasonable alternative site is available within the unit, and grantingthe objection will not materially impair any right contained in an agreement,valid at the time of the objection, between the surface owner and theoperator or their predecessors or successors in interest; and
5. If the surface owner is an interstate park commission, the location of thewell or pipeline will unreasonably infringe on the surface owner's use of thesurface, provided that a reasonable alternative site is available within theunit, and that granting the objection will not materially impair any rightcontained in an agreement, valid at the time of the objection, between thesurface owner and the operator or their predecessors or successors ininterest.
C. The only objections to permits or permit modifications that may be raisedby royalty owners are whether the proposed well work:
1. Directly impinges upon the royalty owner's gas and oil interest; or
2. Threatens to violate the objecting royalty owner's property or statutoryrights aside from his contractual rights; and
3. Would not adequately prevent the escape of the Commonwealth's gas and oilresources or provide for the accurate measurement of gas and oil productionand delivery to the first point to sale.
D. Objections to permits or permit modifications may be raised by coal ownersor operators pursuant to the provisions of §§ 45.1-361.11 and 45.1-361.12.
E. The only objections to permits or permit modifications that may be raisedby mineral owners are those that could be raised by a coal owner under §45.1-361.11 provided the mineral owner makes the objection and affirmativelyproves that it does in fact apply with equal force to the mineral in question.
F. The only objections to permits or permit modifications that may be raisedby gas storage field operators are those in which the gas storage operatoraffirmatively proves that the proposed well work will adversely affect theoperation of his State Corporation Commission certificated gas storage field;however, nothing in this subsection shall be construed to preclude the ownerof nonstorage strata from the drilling of wells for the purpose of producingoil or gas from any stratum above or below the storage stratum.
G. The Director shall have no jurisdiction to hear objections with respect toany matter subject to the jurisdiction of the Board as set out in Article 2(§ 45.1-361.13 et seq.) of this chapter. Such objections shall be referred tothe Board in a manner prescribed by the Director.
H. The Director shall fix a time and place for an informal fact-findinghearing concerning such objections. The hearing shall not be scheduled forless than twenty nor more than thirty days after the objection is filed. TheDirector shall prepare a notice of the hearing, stating all objections and bywhom made, and send a copy of such notice by certified mail, return receiptrequested, at least ten days prior to the hearing date, to the permitapplicant and to every person with standing to object as prescribed by §45.1-361.30.
I. At the hearing, should the parties fail to come to an agreement, theDirector shall proceed to decide the objection pursuant to those provisionsof the Administrative Process Act (§ 2.2-4000 et seq.) relating to informalfact-finding procedures.
(1982, c. 347, §§ 45.1-315, 45.1-316, 45.1-317; 1987, c. 452; 1989, c. 529;1990, c. 92; 1996, c. 854; 1998, c. 228; 2002, c. 277.)
A. Objections to new or modification permits may be filed with the Directorby those having standing as set out in § 45.1-361.30. Such objections shallbe filed within fifteen days of the objecting party's receipt of the noticerequired by § 45.1-361.30. Persons objecting to a permit must state thereasons for their objections.
B. The only objections to permits or permit modifications that may be raisedby surface owners are:
1. The operations plan for soil erosion and sediment control is not adequateor not effective;
2. Measures in addition to the requirement for a well's water-protectionstring are necessary to protect fresh water-bearing strata;
3. The permitted work will constitute a hazard to the safety of any person;
4. Location of the coalbed methane well or coalbed methane well pipeline willunreasonably infringe on the surface owner's use of the surface, providedthat a reasonable alternative site is available within the unit, and grantingthe objection will not materially impair any right contained in an agreement,valid at the time of the objection, between the surface owner and theoperator or their predecessors or successors in interest; and
5. If the surface owner is an interstate park commission, the location of thewell or pipeline will unreasonably infringe on the surface owner's use of thesurface, provided that a reasonable alternative site is available within theunit, and that granting the objection will not materially impair any rightcontained in an agreement, valid at the time of the objection, between thesurface owner and the operator or their predecessors or successors ininterest.
C. The only objections to permits or permit modifications that may be raisedby royalty owners are whether the proposed well work:
1. Directly impinges upon the royalty owner's gas and oil interest; or
2. Threatens to violate the objecting royalty owner's property or statutoryrights aside from his contractual rights; and
3. Would not adequately prevent the escape of the Commonwealth's gas and oilresources or provide for the accurate measurement of gas and oil productionand delivery to the first point to sale.
D. Objections to permits or permit modifications may be raised by coal ownersor operators pursuant to the provisions of §§ 45.1-361.11 and 45.1-361.12.
E. The only objections to permits or permit modifications that may be raisedby mineral owners are those that could be raised by a coal owner under §45.1-361.11 provided the mineral owner makes the objection and affirmativelyproves that it does in fact apply with equal force to the mineral in question.
F. The only objections to permits or permit modifications that may be raisedby gas storage field operators are those in which the gas storage operatoraffirmatively proves that the proposed well work will adversely affect theoperation of his State Corporation Commission certificated gas storage field;however, nothing in this subsection shall be construed to preclude the ownerof nonstorage strata from the drilling of wells for the purpose of producingoil or gas from any stratum above or below the storage stratum.
G. The Director shall have no jurisdiction to hear objections with respect toany matter subject to the jurisdiction of the Board as set out in Article 2(§ 45.1-361.13 et seq.) of this chapter. Such objections shall be referred tothe Board in a manner prescribed by the Director.
H. The Director shall fix a time and place for an informal fact-findinghearing concerning such objections. The hearing shall not be scheduled forless than twenty nor more than thirty days after the objection is filed. TheDirector shall prepare a notice of the hearing, stating all objections and bywhom made, and send a copy of such notice by certified mail, return receiptrequested, at least ten days prior to the hearing date, to the permitapplicant and to every person with standing to object as prescribed by §45.1-361.30.
I. At the hearing, should the parties fail to come to an agreement, theDirector shall proceed to decide the objection pursuant to those provisionsof the Administrative Process Act (§ 2.2-4000 et seq.) relating to informalfact-finding procedures.
(1982, c. 347, §§ 45.1-315, 45.1-316, 45.1-317; 1987, c. 452; 1989, c. 529;1990, c. 92; 1996, c. 854; 1998, c. 228; 2002, c. 277.)
