353.050 Plat, showing well, to be filed if well is to extend through coal-bearing strata -- Copies to certain persons

353.050 Plat, showing well, to be filed if well is to extend through coal-bearing

strata -- Copies to certain persons.

(1) Before a permit may be issued to drill a well on any tract known to be underlaid

with coal-bearing strata the well operator shall have a plat prepared showing the

exact location of the proposed well utilizing latitudes and longitudes and the Carter

coordinate system.

(2) If the location of any well proposed to be drilled, deepened, or reopened is known to

be underlaid by a coal-bearing stratum, which is not in operation, owned by a

person other than the oil and gas lessor or lessee then, simultaneously with the filing

of an application for a permit, the applicant shall send by registered or certified mail

a copy of the required plat to the record coal owner or owners, and record coal

lessee.

(3) If the coal-bearing stratum is under operation, a copy of the required plat shall also

be sent by the applicant by registered or certified mail to each coal operator

operating any stratum as designated on the current license issued by the department

and at the address stated thereon.

(4) If the address of any record owner is unknown to the applicant and cannot upon

diligent inquiry within the county be ascertained, or if there are more than five (5)

record owners then, if the applicant shall file with the department an affidavit that

either condition exists, the department may prescribe some different method of

notifying the record owner in lieu of sending a copy of the plat as required by this

section, or may dispense with the requirements of this section.

(5) The plat shall be filed and become a permanent record, subject to inspection at any

time by any interested person. Any agent of the coal operator or any superintendent

in actual charge of the mine may be considered as a coal operator, and any process

agent or other agent or person in charge of the coal for him may be considered the

owner, for the purposes of mailing the required copy of the plat.