Kentucky Statutes 353.739 – Survey required for well drilled in an active mining area or through a workable coal bed
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(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 active 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 survey 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 allowable 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.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1912, effective July 15, 2010. — Created
2009 Ky. Acts ch. 79, sec. 4, effective June 25, 2009.
(2) If, as a result of the as-drilled well location plat prepared pursuant to KRS § 353.735 or the directional or inclination survey 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 allowable distances established in KRS
Terms Used In Kentucky Statutes 353.739
- Active mining area: means the area within two hundred (200) feet surrounding current mine works under development, inclusive of the area of five (5) year projections, as indicated on the annually filed mine license map. See Kentucky Statutes 353.010
- Coal operator: means any person who proposes to or does operate a coal mine. See Kentucky Statutes 353.010
- Directional survey: means a survey performed while drilling using continuous measuring technology, a survey made through drilling tools, or other surveys at such intervals to accurately determine the location of the deviated wellbore. See Kentucky Statutes 353.010
- Gas: means natural gas. See Kentucky Statutes 353.010
- Inclination survey: means a survey performed to measure deviation from the true vertical, irrespective of direction, expressed in degrees. See Kentucky Statutes 353.010
- Oil: means petroleum. See Kentucky Statutes 353.010
- Plat: means a map, drawing, or print showing the location of a well. See Kentucky Statutes 353.010
- Well: means a borehole drilled or proposed to be drilled for the purpose of producing natural gas or petroleum, or one through which natural gas or petroleum is being produced. See Kentucky Statutes 353.010
- Well operator: means any person who proposes to or does locate, drill, operate, or abandon any well. See Kentucky Statutes 353.010
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.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1912, effective July 15, 2010. — Created
2009 Ky. Acts ch. 79, sec. 4, effective June 25, 2009.