N.Y. Comp. Codes R. & Regs. tit. 6 § 552.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 552.4 - Permit in mining areas

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 552.4