KRS 352.510: Mining near oil or gas wells -- Hearing.

(1) In any underground mine before removing any coal or other material or driving any

entry or passageway within three hundred (300) feet of any surveyed natural gas or

petroleum well, or before extending the workings in any mine beneath any tract of

land on which these wells are also drilled, or within three hundred (300) feet of any

of these wells or under any tract of land in visible possession of a well operator, the

operator shall forward simultaneously to the well operator and to the Department

for Natural Resources, by certified mail, return receipt requested, or by registered

mail, a copy of the maps and plans required by law to be filed and kept up to date,

showing on the copy of the map or plan its mine workings and projected mine

workings beneath the tract of land and within three hundred (300) feet of its outer

boundaries. The operator may then proceed with his mining operations in the

manner indicated on the copy of the map or plan; but if the conduct of his mining

operations nearer than three hundre d (300) feet to any surveyed natural gas or

petroleum well, whether completed or being drilled, or to any proposed well where

a derrick is being constructed for drilling, or proposed well will endanger the use of

drilling of the well, the well owner or ope rator affected may, within fifteen (15)

days from the receipt of the copy of the map by him and the department, file

specific objections in writing to the mining operations within less than three

hundred (300) feet of the well; and if the objection is file d, the department shall

notify the operator of the character of the objections and fix a time and place for an

informal hearing not more than ten (10) days from the end of the fifteen (15) day

period. At the hearing, the operator and the well operator, in person or by a

representative, shall consider the objections and agree upon the character and extent

of operations to be conducted within less than three hundred (300) feet of the well

to satisfy the objections raised and meet the approval of the departmen t. And, if no

agreement can be reached, the department, after an administrative hearing

conducted in accordance with KRS Chapter 13B, shall make a decision defining

what coal, if any, is necessary to be left for the safe protection of the use and

operation of the well. The decision shall be subject to appeal by either party as

provided in KRS 351.040. The department shall keep a complete record of all the

hearings.

(2) The mine operator shall, every six (6) months, while mining within three hundred

(300) feet of the surveyed natural gas and petroleum well, bring up to date the maps

and plans required by this section, or file new maps and plans complete to date.

(3) Prior to issuance of a waiver to mine within three hundred (300) feet of an oil or gas

well, the Division of Mine Safety shall determine whether the oil or gas operator

has been properly notified as required by subsection (1) of this section.