Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Mineral Wells › Part 2 - PERMITS TO DRILL AND OPERATE › Section R. 299.2311 - Application for permit to drill and operate general requirements; permits for existing unpermitted wells

Current through Vol. 24-12, July 15, 2024
Rule 2311.
(1)
				  Except as provided in R 299.2337, a person seeking to drill a well for a use
				  allowed by this part or to convert an existing well to a use allowed by this
				  part shall submit an application to the supervisor of mineral wells before
				  beginning the drilling and operation of a well or the conversion of an existing
				  well.
(2) A person shall comply
				  with all of the following requirements:
(a) A
				  person applying to drill and operate a well shall accurately complete and fill
				  out, sign, and file a written application for a permit to drill on a form
				  prescribed by the supervisor of mineral wells.
(b) A person applying to convert an existing
				  well subject to another act or another part of the act to a use allowed by this
				  part shall accurately complete and fill out, sign, and file a written
				  application for a permit to drill or convert and operate on a form prescribed
				  by the supervisor of mineral wells.
(c) The application required by subdivision
				  (a) or (b) of this subrule shall be submitted to the supervisor of mineral
				  wells at the offices of the Michigan Department of Environmental Quality,
				  Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan
				  48909, and a copy of the first page of the permit application and cover letter
				  shall be mailed to the clerk of the township and the surface owner of record of
				  the land on which the well is to be located at the same time as submitting the
				  permit application by first-class United States mail addressed to the surface
				  owner's last known address as evidenced by the current property tax roll
				  records.
(d) The well location
				  shall be surveyed by a surveyor licensed in this state, a readily visible stake
				  or marker shall be set at the well location of a new well, and a flagged route
				  shall be established to the well location of a new well except as provided in R
				  299.2316(b). For existing wells, if a survey is available which accurately
				  depicts the well site and surrounding area, then a new survey is not
				  required.
(e) The survey required
				  by subdivision (d) of this subrule shall include a plat that shows all of the
				  following except as provided in R 299.2316(b):
(i) The well location and bottom hole
				  location description.
(ii) A
				  flagged route or explanation of how the well location may be reached.
(iii) Footages from the nearest section
				  lines, nearest quarter section, and nearest property lines. In areas where
				  surveyed sections do not exist, distances from the nearest private claim lines
				  or latitude and longitude of the well location.
(iv) Information relative to the approximate
				  distances and directions from the stake or marker to special hazards or
				  conditions, including all of the following:
(A) Surface waters and other environmentally
				  sensitive areas within 1,320 feet of the proposed well. Environmentally
				  sensitive areas are identified by the department pursuant to applicable state
				  and federal laws and regulations.
(B) Floodplains associated with surface
				  waters within 1,320 feet of the proposed well.
(C) Wetlands, as identified by sections 30301
				  to 30323 of the act, within 1,320 feet of the proposed well.
(D) Natural rivers, as identified by sections
				  30501 to 30515 of the act, within 1,320 feet of the proposed well.
(E) Critical dune areas, as designated by
				  sections 35301 to 35326 of the act, within 1,320 feet of the proposed
				  well.
(F) Threatened or endangered
				  species, as identified by sections 36501 to 36507 of the act, within 1,320 feet
				  of the proposed well.
(G) All
				  buildings, recorded fresh water wells and reasonably identifiable fresh water
				  wells used for human consumption, public roads, railroads, pipelines, and power
				  lines or other man-made features that lie within 600 feet of the proposed well
				  location, but not including proprietary information relating to manufacturing
				  processes.
(H) All public water
				  supply wells identified as type I and IIa that lie within 2,000 feet of the
				  proposed well location and type IIb and III that lie within 800 feet of the
				  proposed well location, as defined in 1976 PA 399, MCL 325.1101 et
				  seq.
(I) Identification of the
				  existing local zoning designation of the surface location of the
				  well.
(f) One
				  signed and sealed copy of the survey, on a form prescribed by the supervisor of
				  mineral wells, shall be filed with an application required in subdivision (a)
				  or (b) of this subrule.
(g) If the
				  proposed well is located in or will impact any areas described in
				  subdivision(e)(iv)(A) or (B) of this subrule, a person shall file for and
				  obtain all applicable permits from the department before developing the well
				  site or access to the well site or before drilling of the well. The person
				  shall also file for and obtain any additional permits required before the
				  installation of flow lines or production equipment or before operating the
				  well.
(h) A person shall file an
				  environmental impact assessment on a form prescribed by the supervisor of
				  mineral wells.
(i) A person shall
				  file an organization report if a current organization report is not on file
				  with the supervisor of mineral wells.
(j) A person shall file a conformance bond as
				  provided by R 299.2330.
(k) A
				  person shall pay the fee as specified by statute. A fee filed with an
				  application shall not be applied to a subsequent application. The fee shall be
				  returned if a permit is not issued.