reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0300 - VARIANCES › Section 05H .0301 - VARIANCE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  may grant a variance, grant a variance with conditions, or deny a variance in
				  writing to any Commission rule for which a variance is requested pursuant to
				  this Subchapter. In order for the Commission to grant a variance or grant a
				  variance with conditions, the Commission shall find:
(1) the applicant or permittee has made a
				  good faith effort to comply, or is unable to comply, with the specific
				  requirements contained in the rule or rules from which it seeks a
				  variance;
(2) the variance, if
				  granted provides equal or greater protection of public health, safety, and the
				  environment; and
(3) the requested
				  variance does not violate the basic intent of the Oil and Gas Conservation Act
				  in G.S. 113, Article 27.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0400 - DECLARATORY RULING › Section 05H .0401 - PROCEDURE FOR SUBMISSION OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All requests for declaratory rulings shall be filed in writing and
				  electronically as follows:
(1) with the
				  Director by filing one paper copy for each Commissioner plus five additional
				  copies to the following address: Oil and Gas Program, Division of Energy,
				  Mineral, and Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612;
				  and
(2) the electronic submission
				  shall be in .pdf format and sent to the Division at
				  Oil&Gas@ncdenr.gov.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0400 - DECLARATORY RULING › Section 05H .0402 - DISPOSITION OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Chair of
				  the Commission shall make a determination on the completeness of the request
				  for declaratory ruling based on Rule .0401 of this Section.
(b) The Chair of the Commission shall make a
				  recommendation to the Commission on whether to issue or decline to issue a
				  declaratory ruling.
(c) Before
				  deciding the merits of the request, and upon consideration of the complete
				  request for a declaratory ruling, the Commission shall determine if additional
				  information or presentation(s) are needed and if so:
(1) request additional written submissions
				  from the petitioner(s);
(2) request
				  a written response from Division staff or any other person; and
(3) hear oral arguments from the
				  petitioner(s), intervenors, and Division staff or their legal
				  counsel.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0500 - PETITION FOR RULEMAKING › Section 05H .0501 - FORM AND CONTENTS OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any person wishing to request the adoption, amendment, or repeal of a rule of
				  the Commission shall petition the Director by submitting the information
				  required in Paragraph (b) of this Rule. The petitioner shall submit one paper
				  copy of the petition for each Commissioner plus five additional copies and a
				  copy in .pdf form to:
Oil and Gas Program Division of Energy, Mineral, and Land
					 Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Oil&Gas@ncdenr.gov.
(b) The petition shall contain the following
				  information:
(1) the text of the proposed
				  rule(s) for adoption or amendment;
(2) a statement of the reasons for adoption
				  or amendment of the proposed rules, or the repeal of an existing
				  rule(s);
(3) a statement of the
				  effect on existing rules or orders;
(4) any documents and data supporting the
				  proposed rule(s);
(5) the name(s)
				  and address(es) of the petitioner(s); and
(6) a request to present the petition to the
				  committee in accordance with Rule .0502 of this Section, if desired.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0500 - PETITION FOR RULEMAKING › Section 05H .0502 - REVIEW BY A COMMITTEE OF THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Chair of the Commission shall refer complete petitions to the appropriate
				  subject area committee of the Commission for review and recommended action. The
				  Chair of the Commission shall distribute copies of petitions for rulemaking to
				  all members of the committee of the Commission.
(b) Within 10 days of the assignment of the
				  petition, the Chair of the committee assigned to review the submitted petition
				  shall announce the date of a meeting to consider the petition.
(c) At least 15 days before the committee
				  meeting, notice of the committee meeting shall be sent to the petitioner,
				  members of the Commission, and persons who have requested notice of
				  rulemaking.
(d) The petitioner
				  shall be afforded the opportunity to present the petition to the committee in
				  accordance with Rule .0501(b)(6) of this Section. The Director, through staff,
				  may make a presentation to the committee.
(e) The Chair of the committee shall allow
				  one interested person to present the viewpoint of those who oppose initiating
				  rulemaking. The Chair of the committee shall determine whether additional
				  interested persons are permitted to make oral presentations before the
				  committee. Interested persons shall request the opportunity to make a
				  presentation to the committee through the Director. The request shall:
(1) state the interest of the person in the
				  petition for rulemaking;
(2) state
				  the person's position on the petition; and
(3) be accompanied by any supporting
				  materials.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0500 - PETITION FOR RULEMAKING › Section 05H .0503 - PRESENTATION TO THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Petitions for rulemaking, following committee review pursuant to Rule .0502 of
				  this Section, shall be presented to the Commission for its consideration and
				  determination at a regularly scheduled meeting of the Commission within 120
				  days following the date of submission. The Petition for Rulemaking and the
				  committee's recommended action shall be presented by the Chair of the committee
				  or other designated member of the committee during the business session of the
				  Commission. Unless the Chair of the Commission rules otherwise, discussion on
				  the petition shall be limited to the members of the Commission, counsel to the
				  Commission, and the Director.
(b)
				  Within 120 days following the date of submission of the petition, the
				  Commission shall:
(1) initiate rulemaking
				  proceedings in accordance with
				  G.S.
				  150B-20 and notify the person(s) who
				  submitted the petition of the decision in writing; or
(2) deny the petition in writing, stating the
				  reason(s) for the denial, and send the written denial by certified mail with
				  return receipt to the person(s) who submitted the petition.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0500 - PETITION FOR RULEMAKING › Section 05H .0504 - RECOURSE FOR DENIAL OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
If the Commission denies the Petition for Rulemaking, or
					 fails to grant or deny the Petition for Rulemaking within 120 days of receiving
					 the petition, the petitioner(s) may seek judicial review of the denial under
					 G.S. 150B, Article 4.
Authority
					 G.S.
					 143B-293.1;
					 150B-20;
Eff. March
					 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0600 - RULEMAKING HEARINGS › Section 05H .0601 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
These Rules:
(1)
				  authorize the designation of certain employees of the Department to act as
				  hearing officers;
(2) set out the
				  types of hearings that the designated employees are authorized to conduct;
				  and
(3) reference the rules of
				  procedure for conducting public rulemaking hearings.
Authority
					 G.S.
					 113-391(a);
					 143B-293.1;
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0600 - RULEMAKING HEARINGS › Section 05H .0602 - PROCEDURES FOR PUBLIC COMMENT FOR RULEMAKING HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person desiring to comment on the
				  proposed rulemaking action may do so either in writing during the comment
				  period or by oral presentation at the hearing held to take public comments. Any
				  person may file a written statement or argument concerning the proposed
				  rulemaking action prior to the close of the record on the date indicated in the
				  notice published in the North Carolina Register.
(b) The hearing officer or panel designated
				  by the Chair of the Commission in accordance with Rule .0603 of this Section
				  shall collect all written and oral submissions and submit recommendations
				  concerning the proposed rulemaking action to the Commission following the close
				  of the record as provided in Paragraph (a) of this Rule.
(c) Requests for a statement of the
				  Commission's reasons for adoption of the proposed rule or against adoption of
				  the proposed rule shall be responded to in accordance with
				  G.S.
				  150B-21.2(h).
Authority
					 G.S.
					 113-391(a);
					 113-391(b);
					 150B-21.2;
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0600 - RULEMAKING HEARINGS › Section 05H .0603 - REQUIREMENTS OF RULEMAKING HEARING OFFICER OR PANEL

Current through Register Vol. 39, No. 2, July 15, 2024
The Chair of the Commission shall designate one or more
					 Commission members to serve as hearing officers for rulemaking hearings. The
					 Chair of the Mining Committee shall appoint the hearing officer(s) related to
					 receiving public comments on regulations necessary to administer the provisions
					 of the Mining Act of 1971, G.S. 74, Article 7.
Authority
					 G.S.
					 74-63;
					 113-391(a);
					 143B-293.2(g);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0701 - OPPORTUNITY FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  shall conduct hearings when establishing or modifying drilling units and
				  considering an application for a variance. Such hearings shall be conducted
				  pursuant to the rules of this Subchapter.
(b) Upon written request, the requesting
				  party and the Division shall be allowed to present oral arguments to the
				  Commission. No party shall offer testimony or conduct cross-examination at the
				  hearing.
Authority
					 G.S.
					 113-391(a);
					 113-391(b);
					 113-392;
					 113-393;
Eff. March
					 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0702 - PARTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  authorized by statute or rule to request a hearing before the Commission shall
				  be a party to any hearing granted. The Department also shall be a party to any
				  hearing granted. The Chair of the Commission shall rule on motions by any other
				  persons seeking leave to intervene in the pending proceeding or seeking leave
				  to file amicus curiae briefs. Persons seeking to intervene shall establish
				  through their motion that they qualify for intervention under
				  G.S.
				  1A-1, Rule 24.
(b) Upon receipt, the Division shall notify
				  all Division Directors of the Department of a request. Any Division of the
				  Department shall be a party to the hearing upon written request. Such request
				  shall be made to the Chair of the Commission within five days of receipt of
				  notice of the request for hearing.
Authority
					 G.S.
					 113-391(a);
					 113-391.1;
					 113-393(a);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0703 - PROCEDURE FOR SUBMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  application to establish a drilling unit shall be submitted in accordance with
				  Rule .1202 of this Subchapter. All other requests for a hearing shall be
				  submitted in accordance with this Rule.
(b) All requests for a hearing shall be filed
				  no fewer than 30 calendar days before the next regularly scheduled Commission
				  meeting.
(c) The requesting party
				  shall submit one paper copy for each Commissioner plus five additional copies
				  to the following address: Oil & Gas Program, Division of Energy, Mineral,
				  and Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612 and a copy
				  in .pdf form submitted to Oil&Gas@ncdenr.gov.
(d) All requests shall include the following:
(1) the name and address of the requesting
				  party;
(2) the rule or statute
				  authorizing the request for a hearing;
(3) a statement of whether an oral argument
				  is desired, and, if so, the reason(s) for requesting an oral
				  argument;
(4) if requesting a
				  variance, the rule or statute under which a variance is desired;
(5) a concise statement of the matter to be
				  presented;
(6) arguments or data
				  that support the requesting party's position;
(7) a statement of the consequences of
				  failure to grant relief in favor of the requesting party; and
(8) all documentation required by Rule .0301
				  of this Subchapter, if a variance is being requested.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0704 - COMPLETENESS AND REQUEST FOR ADDITIONAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Chair of the Commission shall make a determination on the completeness of
				  the request for hearing based on the requirements of this Section. The Chair
				  shall return incomplete requests to the requesting party.
(b) Before deciding the merits of the
				  request, the Commission shall determine if additional information or
				  presentation(s) are needed and if so:
(1)
				  request additional written submissions from the requesting party;
(2) request a written response from the
				  Division staff or any other person; and
(3) hear oral arguments from the requesting
				  party, intervenors, and Division staff or their legal counsel.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0705 - ORDER AND RECORD OF PROCEEDING

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission shall keep a record of each hearing, which
					 shall include the following items:
(1)
				  the request for a hearing;
(2) any
				  written submission(s) by a party;
(3) the facts on which the Commission's
				  decision was based;
(4) any
				  transcripts of oral proceedings, if available, and recordings of oral
				  arguments;
(5) any other
				  information, such as documents, photographs, recordings, maps, plats, articles,
				  and studies considered by the Commission in making the decision; and
(6) the Commission's written decision, which
				  shall include the reasons therefore.
Authority
					 G.S.
					 113-391(b);
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0706 - ADMINISTRATIVE AND JUDICIAL REVIEW OF COMMISSION DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission shall notify the requesting party in writing
					 of the Commission's decision, including information about the requesting
					 party's right to a contested case under G.S. 150B.
Authority
					 G.S.
					 150B-23;
Eff. March 17,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0708 - DISPOSITION OF CONFIDENTIAL INFORMATION REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Chair of the Commission shall make a determination on the completeness of
				  the request for confidential information status based on Rule .0707 of this
				  Section. If the request is not complete, the Chair shall return the request to
				  the requesting party.
(b) Before
				  deciding the merits of the request, and upon consideration of the complete
				  request for confidential information status, the Commission shall determine if
				  additional information or presentation(s) are needed to dispose of the
				  confidential information request and if so:
(1) request additional written submissions
				  from the requesting party;
(2)
				  request additional information from the State Geologist or other Department
				  staff; and
(3) hear oral
				  presentations from the requesting party or the Department.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0700 - HEARINGS FOR DRILLING UNITS, VARIANCES, AND CONFIDENTIAL INFORMATION › Section 05H .0709 - NOTICE TO THE COMMISSION OF CHANGES TO CONFIDENTIAL STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person receiving confidential information status shall
					 provide updated information to the Commission no more than 30 calendar days of
					 the date any of the information described in this Section becomes inaccurate or
					 incomplete.
Authority
					 G.S.
					 113-391(a)(5)h;
					 113-391.1;
Eff. March
					 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0800 - PREEMPTION HEARING PROCEDURE › Section 05H .0801 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules of this Section establish procedures the
					 Commission shall use in reviewing petitions for limited preemption of a local
					 ordinance pursuant to the authority set forth in
					 G.S.
					 113-415.1.
Authority
					 G.S.
					 113-415.1; 150B, Article 3;
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0800 - PREEMPTION HEARING PROCEDURE › Section 05H .0802 - COMMENCEMENT OF PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  operator shall commence a proceeding by filing a petition with the Commission
				  by submitting one paper copy for each Commissioner, plus five additional copies
				  to the following address: Oil & Gas Program, Division of Energy, Mineral,
				  and Land Resources, 1612 Mail Service Center, Raleigh, NC 27699-1612 and an
				  electronic copy in .pdf form submitted to Oil&Gas@ncdenr.gov.
(b) The petition shall contain:
(1) the name, address, and telephone number
				  of the petitioner;
(2) the city and
				  county in which the oil or gas operation is or is proposed to be located;
				  and
(3) a statement of facts and
				  issues, which shall include:
(A) the action
				  giving rise to the petition;
(B) a
				  copy of the ordinance;
(C) the
				  effect of the ordinance on the proposed activities;
(D) identification of the provisions of the
				  ordinance alleged to prevent the proposed activities;
(E) any actions taken to comply with the
				  ordinance or any of its provisions;
(F) status of and compliance with all
				  applicable state and federal permits or approvals;
(G) any attempts made by the petitioner to
				  resolve the issue with each city and county in which the activities are
				  proposed;
(H) opportunities local
				  citizens and elected officials have had to participate in the permitting
				  process;
(I) documentation that the
				  proposed activities will not pose a health or environmental risk to the
				  applicable jurisdiction. For the purposes of filing this petition, this
				  documentation shall be deemed complete if it includes the information submitted
				  for all applicable state and federal permits or approvals;
(J) measures the applicant or permittee has
				  taken or consented to take to avoid or manage foreseeable risks and to comply
				  to the maximum extent feasible with any applicable ordinance;
(K) a metes and bounds description, site
				  plan, maps, or other information describing the facility and its location;
				  and
(L) all other information the
				  petitioner believes relevant and which constitutes grounds for relief under
				  G.S.
				  113-415.1.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0800 - PREEMPTION HEARING PROCEDURE › Section 05H .0803 - NOTICE OF PROCEEDING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within five
				  days after a petition is found complete by the Chair of the Commission, the
				  Chair of the Commission shall serve a notice of proceeding on the petitioner
				  and the governing board of each city and county in which the activities are
				  proposed. The petitioner shall be a party to the proceeding and each governing
				  board of each city may send written notice within 14 calendar days to request
				  to be a party to the proceeding.
(b) The notice of proceeding shall contain:
(1) a statement that a complete petition has
				  been received;
(2) a statement that
				  a public hearing on the petition will be held on a specific date and at a
				  specific place in accordance with
				  G.S.
				  113-415.1;
(3) a request that within 30 days of receipt,
				  the city or county that adopted the ordinance respond to the petition. The
				  response shall include all information within its possession regarding the
				  factors in
				  G.S.
				  113-415.1 and any other information as to why
				  this ordinance should not be preempted;
(4) the name of the proceeding and the date
				  of filing;
(5) the address and
				  telephone number of the Division;
(6) a citation to the relevant statutes or
				  rules involved;
(7) a statement of
				  the factual allegations or issues to be determined;
(8) a brief description of the procedure to
				  be followed at the hearing in accordance with Rule .0805 of this
				  Section;
(9) a statement of how
				  interested persons may participate in the hearing and where additional
				  information can be obtained; and
(10) the date and time for the presentation
				  of evidence to the Commission.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0800 - PREEMPTION HEARING PROCEDURE › Section 05H .0804 - NOTICE OF PUBLIC HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Commission shall publish notice of public hearing in accordance with
				  G.S.
				  113-415.1(d).
(b) The Commission shall serve the parties to
				  the proceeding with a notice of public hearing no less than 30 calendar days
				  before the hearing.
(c) The notice
				  of public hearing shall contain the following:
(1) the name of proceeding and the date of
				  filing;
(2) the date, time, and
				  place of the hearing;
(3) the name,
				  address, and telephone number of the Clerk of the Commission;
(4) a citation to the relevant statutes or
				  rules involved;
(5) a statement of
				  the factual allegations or issues to be determined;
(6) a brief description of the procedure to
				  be followed at the hearing; and
(7)
				  a statement of how persons may participate in the hearing and where the
				  information can be obtained.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0800 - PREEMPTION HEARING PROCEDURE › Section 05H .0805 - CONDUCT OF THE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In accordance
				  with information provided in the notice of hearing, any non-party may appear
				  before the Commission at the hearing to offer testimony or submit written
				  evidence for its consideration.
(b)
				  The Commission shall set the order of presentation and place limits on the
				  testimony of each person who appears before the Commission at the
				  hearing.
(c) Commission members may
				  ask questions of any person who appears before the Commission at the
				  hearing.
(d) The Commission shall
				  hold the record open for 20 days after the termination of the hearing for the
				  receipt of written comments.
(e)
				  All parties shall have the right to present evidence, rebuttal testimony, and
				  argument relevant to the issues.
(f) A party shall have all oral or written
				  evidence to be presented available on the date of the hearing. In cases when
				  the hearing time is expected to exceed one day, the parties shall be prepared
				  to present their evidence at the date and time ordered by the
				  Commission.
(g) The Commission
				  shall serve copies of all orders or decisions on all parties simultaneously.
				  Any party sending a letter, exhibit, brief, memorandum, or other document to
				  the Commission shall simultaneously serve a copy on all other
				  parties.
(h) A party need not be
				  represented by an attorney. If a party has notified other parties of that
				  party's representation by an attorney, all communications shall be directed to
				  that attorney.
(i) Any non-party
				  offering testimony or other evidence may be questioned by parties to the case
				  and by the Commission.
Authority
					 G.S.
					 113-415.1;
Eff. March 17,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0800 - PREEMPTION HEARING PROCEDURE › Section 05H .0806 - WITNESSES

Current through Register Vol. 39, No. 2, July 15, 2024
Any party may be a witness and may present witnesses on the
					 party's behalf at the hearing. Fourteen days in advance of the public hearing,
					 parties shall serve on the Commission a witness list, a synopsis of testimony,
					 and an estimate of the time required to hear each witness in accordance with
					 Rule .0802(a) of this Section. A party may make reasonable amendments to its
					 witness list up to 48 hours prior to the hearing. No more than 10 witnesses may
					 be added with this change. All oral testimony by witnesses at the hearing shall
					 be under oath or affirmation and shall be recorded.
Authority
					 G.S.
					 113-415.1; 150B, Article 3;
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0800 - PREEMPTION HEARING PROCEDURE › Section 05H .0807 - COMMISSION'S DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  shall determine whether or to what extent to preempt the ordinance to allow for
				  the construction or operation of oil or gas exploration, development, or
				  production activities in accordance with
				  G.S.
				  113-415.1. In the event the Commission makes
				  all four findings required by
				  G.S.
				  113-415.1(d) and determines
				  that the provisions of the ordinance are severable, the Commission may
				  determine that a specific provision, rather than the entire ordinance, is
				  preempted.
(b) A decision shall be
				  based on:
(1) admissible evidence and
				  arguments presented during the hearing and made part of the official
				  record;
(2) stipulations of
				  fact;
(3) matters officially
				  noticed; and
(4) other items in the
				  official record.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .0900 - ENFORCEMENT › Section 05H .0901 - ENFORCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A violation of
				  any provision of the Oil and Gas Conservation Act, G.S. 113 Subchapter V,
				  Article 27 or any rule in this Subchapter may result in a notice of violation,
				  an assessment of a civil penalty pursuant to
				  G.S.
				  113-410, suspension or revocation of a
				  permit, injunctive action, or any other remedy afforded by law.
(b) The Department shall issue a written
				  notice of violation to the permittee for violations of any provision of the Oil
				  and Gas Conservation Act, any rule of this Subchapter, terms and conditions of
				  the permit, or order of the Commission.
(1)
				  The written notice shall specify the facts constituting the violation,
				  corrective actions that are required to address the violation, a timeframe to
				  implement such corrective actions, and a statement that failure to comply with
				  the specified corrective action may result in additional enforcement
				  actions.
(2) The Department may
				  extend the timeframe for corrective actions upon written request of the
				  permittee demonstrating that the corrective action cannot be completed in the
				  time specified in the notice of violation.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1000 - CIVIL PENALTIES › Section 05H .1001 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules of this Section govern the Commission, the
					 Division, and their delegates in assessment of civil penalties. They also
					 govern permittee remission and appeal of those penalties.
Authority
					 G.S.
					 113-410(b);
					 143B-293.6;
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1000 - CIVIL PENALTIES › Section 05H .1002 - NOTICE OF ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
For all violations for which a penalty is assessed, a
					 notice of such action shall be sent to the violator by the Department by U.S.
					 mail, certified mail, or other means calculated to provide actual notice. The
					 notice shall describe the violation, advise that the penalty is due, and
					 provide the violator of the right of appeal as specified in G.S. 150B, Article
					 3 and the right to request remission in
					 G.S.
					 143B-293.6 and Rule .1004 of this
					 Section.
Authority
					 G.S.
					 113-410(a);
					 113-410(c);
					 143B-293.6;
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1000 - CIVIL PENALTIES › Section 05H .1003 - PAYMENT OF ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
An assessed penalty shall be paid within 60 days of service
					 of notice, unless the violator files a contested case pursuant to G.S. 150B,
					 Article 3 or requests remission pursuant to
					 G.S.
					 113-410(d) and Rule .1004 of
					 this Section.
Authority
					 G.S.
					 113-410(d);
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1000 - CIVIL PENALTIES › Section 05H .1004 - ADMINISTRATIVE REMEDIES

Current through Register Vol. 39, No. 2, July 15, 2024
A person who has received a civil penalty assessment may
					 request remission of the civil penalty.
(1) A request for a civil penalty remission
				  shall be submitted in writing to the Director at the following address: 1612
				  Mail Service Center, Raleigh, NC 27699-1612.
(2) The request shall be considered only if
				  the person requesting remission of a civil penalty stipulates that no facts are
				  in dispute and waives his or her right to an administrative hearing.
(3) In determining whether to approve the
				  remission request, the Commission shall consider the factors in
				  G.S.
				  143B-293.6.
Authority
					 G.S.
					 113-410(d);
					 143B-293.6;
Eff.
					 March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1000 - CIVIL PENALTIES › Section 05H .1005 - REPORT TO THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall report any action taken under this
					 Section to the Commission at the Commission's next regularly scheduled meeting.
					 The reports shall include the following information:
(1) the person(s) issued letter(s) of
				  proposed assessment;
(2) the
				  person(s) assessed a civil penalty;
(3) the person(s) who paid a penalty as
				  assessed, requested remission, or requested an administrative
				  hearing;
(4) the person(s) who
				  failed to pay; and
(5) cases
				  referred to the Attorney General for collection.
Authority
					 G.S.
					 113-391(a);
					 113-391(a4);
					 113-410(d);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1100 - EXPLORATION AND GEOPHYSICAL SURVEYS › Section 05H .1101 - EXPLORATION AND GEOPHYSICAL SURVEYS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any person conducting predrilling exploration activities or geophysical surveys
				  related to oil or gas exploration and development shall act in accordance with
				  15A NCAC
				  05C.
(b) Notification of exploration activities
				  shall be made in accordance with
				  G.S.
				  113-420(b2).
Authority
					 G.S.
					 113-391(a)(1);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1200 - DRILLING UNITS AND WELL SPACING › Section 05H .1201 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules of this Section establish the requirements for
					 petitioning the Commission for permission to create or modify a drilling unit.
					 These Rules also set forth oil or gas well spacing requirements for
					 conventional and unconventional reservoirs.
Authority
					 G.S.
					 113-391(a)(12);
					 143B-293.1(b);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1200 - DRILLING UNITS AND WELL SPACING › Section 05H .1202 - DRILLING UNIT APPLICATION AND REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  application shall be submitted to the Commission for permission to:
(1) create a drilling unit; or
(2) modify an existing drilling
				  unit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1200 - DRILLING UNITS AND WELL SPACING › Section 05H .1203 - DRILLING UNIT PUBLIC NOTIFICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The applicant or permittee shall circulate public notice of each drilling unit
				  at least 30 calendar days prior to the meeting date set by the Commission in
				  accordance with Rule .1202(b) of this Section. The notice shall be circulated
				  by:
(1) publishing the notice one time in
				  newspaper(s) having general circulation in the county or counties where the
				  drilling unit, either proposed or existing, is located;
(2) providing actual notice to all surface
				  owners and mineral rights owners within the land area of the proposed or
				  existing drilling unit;
(3)
				  providing actual notice to all local governments in the county or counties
				  where the drilling unit, either proposed or existing, is located; and
(4) providing actual notice to any state,
				  federal, or tribal agencies owning land within the area of the proposed or
				  existing drilling unit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1200 - DRILLING UNITS AND WELL SPACING › Section 05H .1204 - DENIAL OR MODIFICATION OF DRILLING UNIT APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Commission shall deny a request for the creation of a drilling unit or a
				  request to modify an existing drilling unit on finding that the proposed or
				  existing drilling unit is in violation of any of the rules contained in this
				  Subchapter or that establishment or modification would result in a violation of
				  this Subchapter or other applicable law or rule.
(b) The Commission shall also deny a request
				  according to these criteria:
(1) the
				  application is incomplete pursuant to Rule .1202(e) of this Section;
(2) the application contains erroneous
				  information; or
(3) the surface use
				  agreement or equivalent documentation fails to meet requirements of the rules
				  of this Subchapter.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1200 - DRILLING UNITS AND WELL SPACING › Section 05H .1205 - WELL SPACING REQUIREMENTS FOR RESOURCES IN UNCONVENTIONAL RESERVOIRS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The drilling of a new oil or gas well in
				  an unconventional reservoir, the reopening of an oil or gas well temporarily
				  abandoned pursuant to Rule .1621 of this Subchapter, the deepening, plugging
				  back, or sidetracking of an existing oil or gas well shall conform to the
				  requirements of this Section.
(b)
				  In unconventional reservoirs, no portion of the wellbore recovering
				  hydrocarbons shall be less than 500 horizontal feet from the boundary of the
				  drilling unit.
(c) A variance may
				  be granted by the Commission to reduce the distance from the boundary of the
				  drilling unit based on reservoir characteristics including permeability,
				  porosity, and surrounding production history to optimize production and
				  minimize waste. The variance, if granted, shall provide equal or greater
				  protection of public health, safety, and the environment.
Authority
					 G.S.
					 113-391(a)(12);
					 143B-293.1(b);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1200 - DRILLING UNITS AND WELL SPACING › Section 05H .1206 - WELL SPACING REQUIREMENTS FOR RESOURCES IN CONVENTIONAL RESERVOIRS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The drilling of a new oil or gas well in
				  a conventional reservoir, the reopening of an oil or gas well temporarily
				  abandoned pursuant to Rule .1621 of this Subchapter, the deepening, plugging
				  back, or sidetracking of an existing oil or gas well shall conform to the
				  requirements in this Section.
(b)
				  In conventional reservoirs, no portion of the wellbore shall be less than 200
				  horizontal feet from the boundary of the drilling unit.
(c) A variance may be granted by the
				  Commission to reduce the distance from the boundary of the drilling unit based
				  on reservoir performance to optimize production and minimize waste of the
				  reservoir. The variance, if granted, shall provide equal or greater protection
				  of public health, safety, and the environment.
Authority
					 G.S.
					 113-391(a)(12);143B-293.1(b);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1301 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules of this Section set forth the registration and
					 permitting requirements for new oil or gas wells. These Rules also establish
					 procedures for review, modification, transfer, expiration, suspension or
					 revocation, and release of an Oil or Gas Well Permit.
Authority
					 G.S.
					 113-391;
					 113-391(a)(6);113-391(a6);
					 113-395;
Eff. March
					 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1302 - OIL OR GAS OPERATIONS FINANCIAL RESPONSIBILITY OWNERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant or permittee, and all
				  service companies who are conducting oil or gas exploration or development
				  activities, shall either be incorporated under the laws of North Carolina or,
				  if a foreign corporation, obtain a certificate of authority from the North
				  Carolina Secretary of State in accordance with
				  G.S.
				  55-15-01. If the applicant or permittee is a
				  partnership or other person engaging in a business in this State under an
				  assumed name, the applicant or permittee shall have filed a certificate of
				  assumed name in the county where it is doing business.
(b) The applicant or permittee, and any
				  person providing financial assurance for oil or gas operations, shall submit
				  the completed Form 1 - Financial Responsibility Ownership (FRO) with the
				  Department. The Form 1 - FRO shall include:
(1) the applicant's or permittee's name,
				  address, telephone number, fax number, and email address;
(2) the county and nearest city or town where
				  the oil or gas well is located;
(3)
				  the property street address, or nearest address to the ingress and egress point
				  leading from a public road to the well pad;
(4) the lease name and the oil or gas well
				  name and number;
(5) the
				  Commission-issued drilling unit number;
(6) the approximate date that land disturbing
				  activity will commence;
(7) the
				  total acreage of disturbed or uncovered areas;
(8) the name and telephone number of the
				  person to contact onsite if any problems occur with erosion control,
				  stormwater, and any well site operations;
(9) the name, address, telephone number, fax
				  number, and email address for person(s) who are financially responsible for the
				  oil or gas operations;
(10) a copy
				  of the certificate of assumed name if the financially responsible party is a
				  partnership or other person engaging in business under an assumed name in
				  accordance with
				  G.S.
				  66-68;
(11) the signature of the financially
				  responsible party; and
(12) the
				  seal of a Notary Public of North Carolina.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1303 - OIL OR GAS WELL PERMIT APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The applicant or permittee shall submit Form 2 - Oil or Gas Well Permit
				  Application to the Department in accordance with Rule .0201(c) of this
				  Subchapter prior to commencement of the following operations:
(1) drilling;
(2) recompleting;
(3) restimulating;
(4) deepening;
(5) reentering;
(6) sidetracking;
(7) plugging and abandoning;
(8) plugging back; or
(9) revising the location of any oil or gas
				  well.