KRS 353.739: Survey required for well drilled in an active mining area or through a

workable coal bed.

(1) Within ten (10) days of the drilling of the well, the well operator shall have

performed, at its expense, a directional survey for any well drilled in an act ive

mining area or an inclination survey for any well drilled through a workable coal

bed that is not in an active mining area.

(2) If, as a result of the as -drilled well location plat prepared pursuant to KRS 353.735

or the directional or inclination surv ey performed under subsection (1) of this

section, it is determined that a well or any portion of a well has been drilled at either

a surface location or a subsurface location at the base of the lowest workable coal

bed that is not in compliance with the a llowable distances established in KRS

353.737(2), as well as the spacing requirements of KRS 353.610, then the well

operator shall promptly notify the Division of Oil and Gas of the noncompliance.

The division shall order the well operator to remediate the noncompliance to bring

the well within the allowable distances that have been exceeded. If the division

determines that the well's permit conditions cannot be satisfied by remediation or

that the well operator is unable to satisfactorily meet the ordered remediation, then

the division shall order the well to be plugged and abandoned.

(3) No remediation shall be required under subsection (2) of this section if:

(a) A directional survey indicates that the well is not in compliance with the

allowable distance established in KRS 353.737(2)(b), but the well is in

compliance with the spacing requirements of KRS 353.610; and

(b) The well operator receives a waiver for the noncompliance from the coal

operator or permittee.

(4) No remediation shall be required under subsection (2) of this section if:

(a) An inclination survey indicates that the well is not in compliance with the

allowable distances established in KRS 353.737(2), but the well is in

compliance with the spacing requirements of KRS 353.610; and

(b) The well operator performs or causes to be performed a directional survey to

identify the correct subsurface location of the wellbore.