§22-6-12. Plats prerequisite to drilling or fracturing wells;
preparation and contents; notice and information
furnished to coal operators, owners or lessees;
issuance of permits; performance bonds or securities
in lieu thereof; bond forfeiture.
(a) Before drilling for oil or gas, or before fracturing or
stimulating a well on any tract of land, the well operator shall
have a plat prepared by a licensed land surveyor or registered
engineer showing the district and county in which the tract of land
is located, the name and acreage of the same, the names of the
owners of adjacent tracts, the proposed or actual location of the
well determined by survey, the courses and distances of such
location from two permanent points or landmarks on said tract and
the number to be given the well. In the event the tract of land on
which the said well proposed to be drilled or fractured is located
is known to be underlain by one or more coal seams, copies of the
plat shall be forwarded by registered or certified mail to each and
every coal operator operating said coal seams beneath said tract of
land, who has mapped the same and filed such maps with the office
of miners' health, safety and training in accordance with chapter
twenty-two-a of this code and the coal seam owner of record and
lessee of record, if any, if said owner or lessee has recorded the
declaration provided in section thirty-six of this article, and if
said owner or lessee is not yet operating said coal seams beneath
said tract of land. With each of such plats there shall be enclosed a notice (form for which shall be furnished on request by
the secretary) addressed to the secretary and to each such coal
operator, owner and lessee, if any, at their respective addresses,
informing them that such plat and notice are being mailed to them
respectively by registered or certified mail, pursuant to the
requirements of this article.
(b) If no objections are made, or are found by the secretary,
to such proposed location or proposed fracturing within fifteen
days from receipt of such plat and notice by the secretary, the
same shall be filed and become a permanent record of such location
or fracturing subject to inspection at any time by any interested
person, and the secretary may forthwith issue to the well operator
a permit reciting the filing of such plat, that no objections have
been made by the coal operators, owners and lessees, if any, or
found thereto by the secretary, and authorizing the well operator
to drill at such location, or to fracture the well. Unless the
secretary has objections to such proposed location or proposed
fracturing or stimulating, such permit may be issued prior to the
expiration of such fifteen-day period upon the obtaining by the
well operator of the consent in writing of the coal operator or
operators, owners and lessees, if any, to whom copies of the plat
and notice shall have been mailed as herein required, and upon
presentation of such written consent to the secretary. The notice
above provided for may be given to the coal operator by delivering
or mailing it by registered or certified mail as above to any agent or superintendent in actual charge of mines.
(c) A permit to drill, or to fracture or stimulate an oil or
gas well, shall not be issued unless the application therefor is
accompanied by a bond as provided in section twenty-six of this
article.