{"data":{"id":"us-ky/krs-352.510","jurisdiction":"us-ky","citation":"KRS 352.510","heading":"Mining near oil or gas wells -- Hearing.","body":"(1) In any underground mine before removing any coal or other material or driving any\nentry or passageway within three hundred (300) feet of any surveyed natural gas or\npetroleum well, or before extending the workings in any mine beneath any tract of\nland on which these wells are also drilled, or within three hundred (300) feet of any\nof these wells or under any tract of land in visible possession of a well operator, the\noperator shall forward simultaneously to the well operator and to the Department\nfor Natural Resources, by certified mail, return receipt requested, or by registered\nmail, a copy of the maps and plans required by law to be filed and kept up to date,\nshowing on the copy of the map or plan its mine workings and projected mine\nworkings beneath the tract of land and within three hundred (300) feet of its outer\nboundaries. The operator may then proceed with his mining operations in the\nmanner indicated on the copy of the map or plan; but if the conduct of his mining\noperations nearer than three hundre d (300) feet to any surveyed natural gas or\npetroleum well, whether completed or being drilled, or to any proposed well where\na derrick is being constructed for drilling, or proposed well will endanger the use of\ndrilling of the well, the well owner or ope rator affected may, within fifteen (15)\ndays from the receipt of the copy of the map by him and the department, file\nspecific objections in writing to the mining operations within less than three\nhundred (300) feet of the well; and if the objection is file d, the department shall\nnotify the operator of the character of the objections and fix a time and place for an\ninformal hearing not more than ten (10) days from the end of the fifteen (15) day\nperiod. At the hearing, the operator and the well operator, in person or by a\nrepresentative, shall consider the objections and agree upon the character and extent\nof operations to be conducted within less than three hundred (300) feet of the well\nto satisfy the objections raised and meet the approval of the departmen t. And, if no\nagreement can be reached, the department, after an administrative hearing\nconducted in accordance with KRS Chapter 13B, shall make a decision defining\nwhat coal, if any, is necessary to be left for the safe protection of the use and\noperation of the well. The decision shall be subject to appeal by either party as\nprovided in KRS 351.040. The department shall keep a complete record of all the\nhearings.\n(2) The mine operator shall, every six (6) months, while mining within three hundred\n(300) feet of the surveyed natural gas and petroleum well, bring up to date the maps\nand plans required by this section, or file new maps and plans complete to date.\n(3) Prior to issuance of a waiver to mine within three hundred (300) feet of an oil or gas\nwell, the Division of Mine Safety shall determine whether the oil or gas operator\nhas been properly notified as required by subsection (1) of this section.","path":["KRS Chapter 352"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44552","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:38Z","sha256":"a32bd61ea1b57c8bd4d76039c9dd29ae06912c6ea50a0116dd131591fc8cc54b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-352.500","next":"us-ky/krs-352.520"},"notice":"GroundRules: Original legal text. Not legal advice."}