New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 552 - Permits To Drill, Deepen, Plug Back Or Convert Wells › Section 552.4 - Permit in mining areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons
				  engaged in underground mining operations or having underground mining rights
				  are entitled to receive notice of the commencement of any phase of oil or gas
				  well operations which may affect the safety of such underground mining
				  operations or of the mining properties involved. To receive such notice, the
				  department must be advised of the existence and location of such underground
				  mining properties and mining rights. The advisal must be in the form of a plat
				  showing the location of the properties and rights together with a listing of
				  the names and addresses of all owners, lessees and operators thereof.
(b) Upon receipt of an application for permit
				  to drill, deepen, plug back or convert a well which is determined to be located
				  within 660 feet of any known underground mining property or mining rights, the
				  department will advise the applying well owner or operator of the names of all
				  owners, lessees or operators of any such known mining properties if such
				  persons are known and have so registered with the department, and will identify
				  the mining properties involved. The department then will suspend processing of
				  the application until receipt from the operator of a resume of the planned
				  operations insofar as they pertain to the protection of any known or
				  anticipated mining operations.
(c)
				  Upon receipt of the resume of the planned operations discussed in subdivision
				  (b) of this section, the department will advise all owners, lessees or
				  operators thereof who have listed with the department as provided in
				  subdivision (a) of this section of the receipt of the application for permit
				  for a well located within 660 feet of the known underground mining property or
				  mining rights. Accompanying this advisal will be the resume of the planned
				  operations insofar as they pertain to the protection of any known or
				  anticipated mining operations. If no objections by the owners, lessees or
				  operators of the underground mining properties or rights to the well location
				  or operations are made known in writing to the department within 10 days from
				  mailing of notice, and the application is otherwise in order, the permit will
				  be granted.
(d) The notification to
				  the owners, lessees or operators of the underground mining properties or rights
				  and compulsory 10-day waiting period discussed in subdivision (c) of this
				  section will not be required if the resume of planned operations is accompanied
				  by written consent of all owners, lessees, or operators of the underground
				  mining properties or rights to the planned location and operations insofar as
				  they pertain to the protection of any known or anticipated mining
				  operations.
(e) In the event that
				  objection to the location or planned operations insofar as they pertain to the
				  protection of any known or anticipated mining operations is made by the owners,
				  lessees or operators of the underground mining properties or rights within 10
				  days from mailing of notice, the department shall promptly schedule a public
				  hearing to facilitate a decision on the application.