reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1304 - CONTENTS OF OIL OR GAS WELL PERMIT APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All applications to drill, recomplete, restimulate, deepen, reenter, sidetrack,
				  plug and abandon, plug back, or revise a location shall be submitted using a
				  Form 2 - Oil or Gas Well Permit Application. The Form 2 - Oil or Gas Well
				  Permit Application shall include:
(1) the
				  applicant's or permittee's name, address in accordance with
				  G.S.
				  113-408, telephone number, fax number, and
				  email address;
(2) the county and
				  nearest city or town where the oil or gas well is proposed to be located or is
				  located;
(3) the property street
				  address, or nearest address to the ingress and egress point leading from a
				  public road to the proposed or existing well pad;
(4) the lease name and the oil or gas well
				  name and number for the proposed or existing oil or gas well;
(5) the drilling unit number issued by the
				  Commission pursuant to Rule .1202 of this Subchapter;
(6) any variance request(s) approved by the
				  Commission;
(7) the latitude and
				  longitude (in decimal degrees) of the proposed or existing oil or gas well
				  location(s) with a minimum of five decimal places of accuracy and precision
				  using the North American Datum (NAD) of 1983. The location coordinates shall be
				  a field measurement and not a calculated or conversion measurement;
(8) the name of any incorporated city, town,
				  village, or respective extra-territorial jurisdiction, if the oil or gas well
				  is proposed to be located or is located within its limits;
(9) if known, the names of the proposed
				  drilling contractor, cementing service company, and well stimulation company at
				  the time of application submittal;
(10) an indication that the local emergency
				  management coordinator has received an emergency response plan in accordance
				  with Rule .1305 of this Section;
(11) an indication that the applicant or
				  permittee will scan all equipment at the well site to measure for methane
				  emissions;
(12) an indication that
				  the applicant or permittee will address methane emissions detected;
(13) an indication that the applicant or
				  permittee is submitting an estimate of the number and type of engine(s) to be
				  used onsite, the size of engine(s), and the fuel source of engine(s) that will
				  be used during drilling or completion activities;
(14) an indication that the applicant or
				  permittee has a proppant-related dust management and mitigation plan;
				  and
(15) an indication of whether
				  pits are to be constructed and, if so, for what purpose.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1305 - EMERGENCY RESPONSE PLANNING

Current through Register Vol. 39, No. 2, July 15, 2024
In order for State and local governments to effectively
					 plan for emergency incidents, the applicant or permittee shall provide the
					 following information to the local emergency management coordinator:
(1) the property street address, or nearest
				  address to the ingress and egress point leading from a public road to the well
				  pad. If nearest street address is used, "nearest address" shall be designated
				  and the latitude and longitude (in decimal degrees) with a minimum of five
				  decimal places of accuracy and precision using the North American Datum (NAD)
				  of 1983 of the proposed access road entrance at the ingress or egress
				  point;
(2) the location of nearby
				  occupied dwellings, high occupancy buildings, streams, rivers, watercourses,
				  ponds, lakes, or other natural and artificial bodies of water, and
				  transportation corridors necessary for the development of the plans required by
				  Item (6) of this Rule;
(3) the
				  emergency contacts for the well site that include the telephone numbers of the
				  applicant or permittee, which can be accessed 24-hours per day;
(4) identification of the types and
				  quantities of chemicals, fuels, and wastes that will be used at a production
				  facility in accordance with Section .1700 of this Subchapter;
(5) identification of an emergency well
				  control response contractor, the contractor's contact information, and the
				  estimated time of arrival after dispatch;
(6) plans for the following minor to
				  catastrophic scenarios:
(a) Level 4: A spill
				  onsite that requires a cleanup company to be contracted;
(b) Level 3: A spill on other property that
				  requires a cleanup company to be contracted, or an uncontrolled fire adjacent
				  to the site impacting normal operations due to smoke or chemical
				  dispersal;
(c) Level 2: A spill
				  onsite that requires a full site evacuation or an uncontrolled explosion or
				  fire onsite that does not involve any wellhead onsite, or loss of well control
				  not involving an explosion or fire; and
(d) Level 1: Loss of well control involving
				  an explosion or fire, or incidents requiring the immediate evacuation of the
				  site.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1306 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant or permittee shall remit
				  the fees in the amounts prescribed under
				  G.S.
				  113-395,
				  113A-54.2, and
				  143-215.3D(e).
(b) Payment of fees shall be made payable to
				  the "North Carolina Department of Environmental Quality." The payment shall
				  refer to the new permit or the plugging and abandonment of the oil or gas well.
				  The payment shall include a reference to the oil or gas well name listed on the
				  application or the API number.
Authority
					 G.S.
					 113-395;
Eff. March 17,
					 2015;
Amended Eff. September 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1307 - APPLICATION REVIEW PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Department shall review applications. The Department shall send written
				  notice to an applicant or permittee if an application is incomplete, stating
				  each deficiency. The applicant or permittee shall have 60 calendar days from
				  the date the letter was sent to submit the required information to the
				  Department or the application shall be denied.
(b) Upon receipt of a complete Form 2 - Oil
				  or Gas Well Permit Application for a new permit or for a modification of an
				  existing permit, the Department shall send a notice of the application to each
				  of the following agencies with a request that each agency review and provide
				  written comment on the application, including whether the reviewing agency has
				  concerns regarding the items in Rule .1405(c) of this Subchapter, within 30
				  calendar days of the date on which the request is made:
(1) Division of Air Quality, Department of
				  Environmental Quality;
(2) Division
				  of Parks and Recreation, Department of Natural and Cultural
				  Resources;
(3) Division of Water
				  Resources, Department of Environmental Quality;
(4) North Carolina Geological Survey,
				  Division of Energy, Mineral, and Land Resources, Department of Environmental
				  Quality;
(5) Natural Heritage
				  Program, Department of Natural and Cultural Resources;
(6) North Carolina Wildlife Resources
				  Commission;
(7) Office of Archives
				  and History, Department of Cultural Resources;
(8) United States Fish and Wildlife Service,
				  United States Department of the Interior;
(9) Any other Federal or State agency that
				  the Department determines to be appropriate based on the location of the
				  proposed well site, including the Division of Coastal Management, Department of
				  Environmental Quality; the Division of Marine Fisheries, Department of
				  Environmental Quality; the Division of Waste Management, Department of
				  Environmental Quality; Division of Public Health; and the Department of
				  Transportation; and
(10) The county
				  and municipality in which the permit application is located.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1308 - PERMIT CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
A Form 2 - Oil or Gas Well Permit Application may be
					 approved with conditions based on the individual well site. These conditions
					 may require the permittee to:
(1)
				  create or construct additional erosion control measures to be installed during
				  oil and gas well operations;
(2)
				  create or construct a natural buffer to be left between any stream and the
				  disturbed land;
(3) create or
				  construct visual screening, such as existing natural vegetation, vegetated
				  earthen berms, tree plantings at staggered spacing, to be installed and
				  maintained between any disturbed land and any adjoining property containing
				  occupied buildings or public access within view of the disturbed
				  land;
(4) create or construct
				  erosion control measures to be implemented during the construction and
				  operation of all roads to minimize off-site damage from sediment; or
(5) comply with other conditions as
				  determined by the Department based on the well site geography, geology, and the
				  recommendations of other Divisions in order to safeguard public health,
				  welfare, and the environment.
Authority
					 G.S.
					 113-391(a)(5);
					 113-391(a6);
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 .1309 - DENIAL OF APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  shall have the authority to deny a permit application to any person on finding
				  that the well site for which a permit is requested is in violation of any of
				  the rules contained in this Subchapter, the issuance of the permit would result
				  in a violation of any rule of this Subchapter or other applicable law or rule,
				  or for any of the following factors:
(1) the
				  permit application is incomplete and the time has lapsed for resubmission in
				  accordance with Rule .1307 of this Subchapter;
(2) the requirements of Section .1400 of this
				  Subchapter have not been met;
(3)
				  the operation will have significant adverse effects on surface water,
				  groundwaters, wildlife, habitats of rare and endangered flora and fauna and
				  other critical communities; or freshwater, estuarine, or marine
				  fisheries;
(4) the operation will
				  constitute a physical hazard to public health and safety or to a neighboring
				  occupied dwelling, school, church, hospital, commercial or industrial building,
				  public road, or other public property;
(5) the operation will have a significant
				  adverse effect on the uses of a publicly-owned park, forest, recreation area,
				  or historical and archeological sites listed on the Federal or State list of
				  historic places;
(6) previous
				  experience with similar operations indicates a substantial possibility that the
				  operation will result in deposits of sediment in stream beds or lakes in
				  violation of the Sediment Pollution Control Act of 1973 and
				  15A NCAC
				  02L .0202 and
				  15A NCAC
				  02B, landslides, or acid water pollution in
				  violation of
				  15A NCAC
				  02L .0202 and
				  15A NCAC
				  02B, which are incorporated by reference,
				  including subsequent amendments and editions; or
(7) the Department finds that the applicant,
				  permittee, or any parent, subsidiary, or other affiliate of the applicant or
				  permittee has not been in compliance with the Oil or Gas Conservation Act,
				  rules of this Subchapter, other laws or rules of this State for the protection
				  of the environment administered by the Department, any plan approval, permit,
				  or order issued by the Department, or has not corrected all violations that the
				  applicant, permittee, or any parent, subsidiary, or other affiliate of the
				  applicant, permittee, or parent has committed under this Act or rules adopted
				  under the Act that resulted in:
(A) the
				  revocation of a permit;
(B) the
				  forfeiture of part of all of a bond or other security;
(C) a conviction of a misdemeanor or any
				  other court order; or
(D) the final
				  assessment of a civil penalty.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1310 - PERMIT MODIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any permittee
				  may apply at any time for a modification of the permit. The application shall
				  be in writing on Form 2 - Oil or Gas Well Permit Application in accordance with
				  Rule .1304 of this Section. The Department may review, approve, approve with
				  conditions, or deny the application for modification in accordance with the
				  rules of this Section.
(b) The
				  permittee shall provide any additional information required by the Department
				  to satisfy application requirements in accordance with Rule .1307 of this
				  Section. The permittee shall not be required to resubmit information that
				  remains unchanged since the time of the prior application.
(c) If a proposed modification of the permit
				  affects the land area covered by the permit or the approved Reclamation Plan,
				  then the permittee shall propose a modification to the Reclamation Plan that
				  meets the requirements of Rule .2102 of this Subchapter.
(d) No modification of a permit shall become
				  effective until any required change has been made in the bond or other security
				  posted under the provisions of
				  G.S.
				  113-378,
				  113-391, and
				  113-421, so as to assure the
				  performance of obligations assumed by the permittee under the permit and
				  Reclamation Plan.
(e) If at any
				  time it appears to the Department from its inspection of the disturbed land
				  that the activities under the Reclamation Plan and other terms and conditions
				  of the permit are failing to achieve the purposes and requirements of this
				  Subchapter, the Department shall give the permittee written notice of that fact
				  and request the permittee to modify the permit in accordance with Rule .1307 of
				  this Section.
Authority
					 G.S.
					 113-391(a)(5)a;
					 113-391(a6);
					 113-395;
					 113-410(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 .1300 - PERMITTING › Section 05H .1311 - PERMIT TRANSFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A permit
				  transfer may result from a sale, assignment by a court, a change in operating
				  agreement, or other transaction.
(b) The new owner shall send written notice
				  to the Department of the transfer within 30 calendar days of the transfer. The
				  notice shall include:
(1) the names, address,
				  and telephone numbers of the former owner(s) and new owner(s), and the agent if
				  applicable. The new permittee information shall be attached to the notice on
				  Form 1 - FRO;
(2) the Oil of Gas
				  Well Permit and assigned API number;
(3) the effective date of the transfer of
				  ownership; and
(4) an affidavit
				  from the new owner verifying that the information on the original application
				  is still accurate and complete. If the information on the original application
				  is no longer accurate or complete, a new Form 2 - Oil or Gas Well Application
				  shall be submitted to the Department for review and approval.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1312 - PERMIT EXPIRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A permittee
				  shall have 12 months from the date of issuance of the permit to spud an oil or
				  gas well or the permit shall expire.
(b) A permittee may request a one time,
				  one-year renewal of the permit. The permittee shall provide an affidavit
				  affirming that the information on the original Form 2 - Oil or Gas Well Permit
				  Application is still accurate and complete and that the oil or gas well
				  location restrictions are still in effect. Any change in information from the
				  original application shall be treated as a request for a permit modification
				  pursuant to Rule .1310 of this Section. The permittee shall submit the request
				  so that it is received by the Department at least 30 calendar days prior to the
				  expiration of the original permit.
Authority
					 G.S.
					 113-391(a)(5)a;
					 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 .1313 - PERMIT SUSPENSION OR REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Department may suspend or revoke a permit if:
(1) the permittee fails to meet the
				  conditions specified in the permit;
(2) the permittee falsified or otherwise
				  withheld information required in the application; or
(3) if the Department issued the permit in
				  error because the submitted information was incorrect and the error was not
				  identified during the Department's review but came to light after the permit
				  was issued and the correct information affected the validity of the issued
				  permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1300 - PERMITTING › Section 05H .1314 - PERMIT RELEASE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The permittee
				  may request the Department to release the oil or gas well and all affected
				  areas associated within the well site and return any remaining bond in
				  accordance with Rule .1406 of this Subchapter.
(b) The Department shall not approve an oil
				  or gas well permit release unless the requirements for Rule .1406 of this
				  Subchapter have been met and all oil or gas well plugging and abandonment fees
				  and notices have been received.
(c)
				  The Department shall release any remaining bond to the permittee after finding
				  that that the well site has been reclaimed as stated in the Reclamation
				  Plan.
Authority
					 G.S.
					 113-391(a6);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1400 - FINANCIAL ASSURANCE › Section 05H .1401 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant or permittee for a permit, modification, or
					 transfer of an Oil or Gas Well Permit shall file and maintain in force one or
					 more bonds in favor of the State of North Carolina or surface owner, executed
					 by a surety approved by the Commissioner of Insurance, based on the
					 requirements set forth in the rules of this Section.
Authority
					 G.S.
					 113-391(a)(5)l;
					 113-421(a3);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1400 - FINANCIAL ASSURANCE › Section 05H .1402 - BONDING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After an
				  application for a permit, modification, or transfer of an Oil or Gas Well
				  Permit is considered complete by the Department, the applicant or permittee
				  shall provide an approved financial assurance instrument listed in Paragraph
				  (b) of this Rule to the Department or each surface owner, as applicable in
				  accordance with Rules .1403, .1404, and .1405 of this Section. The applicant or
				  permittee shall not commence operations to drill, recomplete, restimulate,
				  deepen, reenter, sidetrack, plug and abandon, plug back, or revise the location
				  of any oil or gas well prior to providing one of the approved financial
				  assurance instruments listed in Paragraph (b) of this Rule to the Department or
				  surface owner(s).
(b) The permittee
				  shall submit financial assurance to the Department using one of the following
				  forms:
(1) Form 7 - Irrevocable Letter of
				  Standby Credit, which shall include the following information:
(A) the applicant's or permittee's name,
				  address, telephone number, fax number, and email address;
(B) the letter of credit number, effective
				  date, and amount;
(C) the name and
				  address for the issuing institution;
(D) the date of expiration and date and
				  frequency of renewals; and
(E) the
				  issuing institution's representative's dated and notarized signature.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1400 - FINANCIAL ASSURANCE › Section 05H .1403 - OIL OR GAS WELL PLUGGING AND ABANDONMENT BOND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant or permittee shall submit
				  an oil or gas well plugging and abandonment bond in the amount of five thousand
				  dollars ($5,000) plus one dollar ($1.00) per linear foot of the permitted oil
				  or gas well pursuant to
				  G.S.
				  113-378.
(b) The oil or gas well plugging and
				  abandonment bond may be submitted as a separate bond or as an aggregate bond
				  amount with the environmental damage bond required by Rule .1405 of this
				  Section.
(c) The permittee may
				  request that this bond be released by the Department when final site
				  reclamation is completed in accordance with Section .2100 of this Subchapter
				  and for which the oil or gas well is permanently plugged and abandoned in
				  accordance with Rule .1618 of this Subchapter.
Authority
					 G.S.
					 113-378;
					 113-391(a)(5)l;
					 113-421(a2);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1400 - FINANCIAL ASSURANCE › Section 05H .1404 - DISTURBED LAND BOND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant
				  or permittee shall provide to each surface owner a disturbed land bond that is
				  sufficient to cover the cost of completing the requirements of the approved
				  Reclamation Plan in accordance with Rule .2102 of this Subchapter and any
				  reclamation conditions of the approved permit.
(b) The Commission shall set the disturbed
				  land bond amount by calculating the costs for corrective actions(s), using the
				  Reclamation Cost Table and calculations specified in Paragraphs (c) and (d) of
				  this Rule, to return the land to the conditions set out in the approved
				  Reclamation Plan in accordance with Rule .2102 of this Subchapter and any
				  reclamation conditions of the approved permit.
(c) The Commission shall use the Reclamation
				  Cost Table to calculate the amount for the disturbed land bond. The Reclamation
				  Cost Table set by the Commission shall include the following:
(1) stone removal for access road and well
				  pad in cubic yards;
(2) spreading
				  stockpiles and berms to prepare for fine grading in cubic yards;
(3) filling of pits in cubic yards;
(4) fine grading per acre;
(5) seed and mulch, repair seeding, and
				  fertilizing per acre;
(6) matting
				  for soil cover per acre;
(7)
				  matting permanent soil reinforcement per acre;
(8) drainage ditch excavation; and
(9) borrow excavation.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1400 - FINANCIAL ASSURANCE › Section 05H .1405 - ENVIRONMENTAL DAMAGE BOND

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The applicant or permittee shall submit an environmental damage bond in the
				  amount of one million dollars ($1,000,000), unless the Commission sets a higher
				  amount pursuant to
				  G.S.
				  113-421(a3)(2).
(b) The environmental damage bond may be
				  submitted as a separate bond or as an aggregate bond amount with the oil or gas
				  well plugging and abandonment bond, as required by Rule .1403 of this
				  Section.
(c) In identifying
				  environmentally sensitive areas, the Commission shall consider the following:
(1) renewable resources, which may include:
(A) watersheds or aquifers that are present
				  sources of public water supply, as identified by the Department or the
				  Environmental Management Commission at
				  http://swap.ncwater.org/website/swap/viewer.htm; and
(B) prime forestry land (sites capable of
				  producing 85 cubic feet per acre-year, or more, of marketable
				  timber).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1400 - FINANCIAL ASSURANCE › Section 05H .1406 - INSPECTION AND APPROVAL OF RECLAMATION FOR BOND RELEASE OR FORFEITURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The permittee shall proceed with
				  reclamation as scheduled in the approved Reclamation Plan pursuant to Rule
				  .2102 of this Subchapter.
(b) The
				  permittee shall notify the Department in writing that it has completed
				  reclamation of an area of disturbed land in accordance with Rule .2103 of this
				  Subchapter.
(c) After receipt of
				  the notice as required by Paragraph (b) of this Rule, the Department shall
				  conduct an inspection to determine whether the permittee has complied with the
				  Reclamation Plan in accordance with Rule .2102 of this Subchapter and the
				  reclamation conditions of the Oil or Gas Well Permit.
(1) If the Department determines from its
				  inspection of the area in accordance with this Rule that reclamation has been
				  properly completed, it shall notify the permittee in writing.
(2) If the Department determines from its
				  inspection of the area that reclamation is deficient based on Rule .2102 of
				  this Subchapter, then the Department shall notify the permittee in writing of
				  all such deficiencies. The permittee shall commence action within 30 days to
				  rectify these deficiencies and shall take corrective actions until the
				  deficiencies have been corrected. The Department shall conduct follow-up site
				  inspections in accordance with this Subparagraph and Rule .0203 of this
				  Subchapter to ensure the permittee has taken the corrective actions.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1400 - FINANCIAL ASSURANCE › Section 05H .1407 - BOND FORFEITURE PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  the Department determines there is a violation necessitating bond forfeiture or
				  the revocation of a permit, it shall send the permittee and surety a written
				  notice of violation. Upon receipt of the written notice of violation, the
				  permittee shall have 60 calendar days to complete corrective action. If the
				  permittee does not correct the violation within the 60 day period, the
				  Department shall request the Attorney General to initiate forfeiture
				  proceedings against the bond or other security filed by the permittee in
				  accordance with Rule .0901 of this Subchapter.
(b) Such proceedings shall be brought in the
				  name of the State of North Carolina for the face amount of the bond or other
				  security, less any amount already released by the Department, and these sums
				  shall be subject to forfeiture.
(c)
				  If the amount of the bond or other security filed pursuant to this Section
				  proves to be insufficient to complete the required final reclamation pursuant
				  to the approved Reclamation Plan, the permittee shall be liable to the
				  Department for any excess above the amount of the bond or other security that
				  is required to defray the cost of completing the required final
				  reclamation.
(d) If a permit is
				  revoked by the Department, the Department shall proceed with efforts to collect
				  the bond(s) or other financial assurance that was submitted to the Department
				  at the time of permitting for oil or gas well plugging and abandonment and
				  environmental damage in accordance with the rules of this Section.
Authority
					 G.S.
					 113-391(a)(5)l;
					 113-421(a3);
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1500 - SITE INFRASTRUCTURE AND CONSTRUCTION STANDARDS › Section 05H .1501 - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section establish requirements for well
					 site construction standards.
Authority
					 G.S.
					 113-391(a)(4);
					 113-391(a)(5)c;
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1500 - SITE INFRASTRUCTURE AND CONSTRUCTION STANDARDS › Section 05H .1503 - ACCESS ROAD CONSTRUCTION STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Prior to construction of the access road, the permittee shall post an
				  identification sign pursuant to Rule .1615 of this Subchapter.
(b) Access roads shall be located, designed,
				  and constructed to minimize environmental impact and meet the requirements of
				  the SPCA,
				  15A NCAC
				  04, "North Carolina Erosion and Sediment
				  Control Planning and Design Manual,"15A NCAC
				  02H, "North Carolina Division of Water
				  Quality Stormwater Best Management Practices Manual," and the North Carolina
				  Department of Transportation "Standard Specifications for Roads and
				  Structures." The Standard Specifications for Roads and Structures, published by
				  the Department of Transportation, may be viewed online for no charge at
				  http://www.ncdot.org/doh/preconstruct/ps/specifications/specifications_provisions.html.
(1) access roads shall be constructed and
				  maintained to a minimum width of 20 feet and to allow emergency response
				  vehicles to enter the well site at all times;
(2) public roads shall be kept clear of mud
				  and debris from the well site; and
(3) turnarounds or pull-off areas shall be
				  installed for single-lane access roads exceeding 150 feet in length.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1500 - SITE INFRASTRUCTURE AND CONSTRUCTION STANDARDS › Section 05H .1504 - PIT AND TANK CONSTRUCTION STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All pits, series of pits, tanks, and tank batteries shall be constructed and
				  maintained to contain all Exploration and Production (E & P) wastes from
				  the drilling, completing, recompleting, producing, servicing, and plugging of
				  an oil or gas well and shall be constructed, operated and maintained to protect
				  public health, safety, and the environment.
(b) The pit, series of pits, tanks, and tank
				  batteries shall be installed and maintained in accordance with the following
				  requirements:
(1) the location of pit(s) and
				  tanks(s) shall be in accordance with the minimum setbacks as required in Rules
				  .1601 and .1602 of this Subchapter, or in an approved variance pursuant to Rule
				  .1603 of this Subchapter;
(2) pits
				  shall be located in cut material to the fullest extent possible. Pits shall be
				  constructed adjacent to the high wall for sloping well sites. If the pit cannot
				  be constructed in cut material, at least 50 percent of the pit shall be
				  constructed below original ground level to prevent failure of the pit dike. Pit
				  dikes constructed of fill material shall be compacted according to soil texture
				  and moisture content pursuant to
				  15A NCAC
				  02K .0208, which is incorporated by
				  reference, including subsequent amendments and editions;
(3) all pits and open tanks shall maintain a
				  minimum of three feet of freeboard at all times and be sized so as to contain
				  the projected volume of E&P waste along with the volume of precipitation
				  that would fall within a 25-year 24-hour storm event;
(4) if Subparagraph (b)(3) of this Rule is
				  violated, the permittee shall notify the Department within two hours of
				  discovery and take the necessary actions to ensure the structural stability of
				  the pit or open tank, prevent spills, and restore the three feet of freeboard;
				  and
(5) tank design, installation,
				  and use shall comply with API Specifications 12B "Specification for Bolted
				  Tanks for Storage of Production Liquids," Specification 12D "Specification for
				  Field Welded Tanks for Storage of Production Liquids," Specification 12F
				  "Specification for Shop Welded Tanks for Storage of Production Liquids," or
				  Specification 12P "Specification for Fiberglass Reinforced Plastic Tanks,"
				  which are incorporated by reference, including subsequent amendments and
				  editions. These documents, published by API, may be viewed online for no charge
				  at
http://publications.api.org/
.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1601 - SETBACK DISTANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each oil or gas
				  well, production facility, tank, tank battery, or pit shall comply with the
				  following setback distances as measured from the center of a wellhead and the
				  edge of the pit, production facility equipment, tank, or tank battery closest
				  to the features below:
(1) occupied dwellings
				  and high occupancy buildings: 650 feet;
(2) edge of a public road, highway, utility
				  or railroad track right-of-way, or other right-of-way: 100 feet;
(3) a perennial stream, river, watercourse,
				  pond, lake, or other natural and artificial bodies of water, including wetlands
				  and trout stream: 200 feet;
(4)
				  intermittent stream: 100 feet; and
(5) a public or private water well intended
				  for human consumption or household purpose: 650 feet.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1602 - PRODUCTION FACILITY SAFETY SETBACK DISTANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The closest edge of a pit, tank, or tank battery shall be a minimum of 75 feet
				  from the center of any wellhead.
(b) A tank edge shall be a minimum of five
				  feet from another edge.
(c) A
				  mechanical separator or compressor shall be located the minimum distance from
				  any of the following:
(1) the center of a
				  wellhead: 50 feet; and
(2) the
				  closest edge of a tank: 75 feet.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1603 - VARIANCE FOR SETBACKS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant or
				  permittee may request a variance to reduce the setback distances for an oil or
				  gas wellhead, a tank or tank battery, and a pit from an occupied dwelling
				  required by Rule .1601 of this Section. The variance, if granted, shall provide
				  equal or greater protection of public health, safety, and the environment.
				  Variances from setbacks established for high occupancy buildings are
				  prohibited. The Commission in granting or denying variances shall:
(1) require additional measures that
				  eliminate, minimize, or mitigate potential adverse impacts to public health,
				  welfare, and the environment, such as the use of non-diesel fuels with lower
				  emissions; and
(2) require
				  site-specific mitigation measures to address location specific
				  considerations.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1604 - PROHIBITED SUBSTANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  incorporates by reference, including subsequent amendments and editions, the
				  "Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using
				  Diesel Fuels - Draft: Underground Injection Control Program Guidance #84,"
				  published by the United States Environmental Protection Agency. Copies of this
				  document may be obtained online for no charge at:
http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/upload/epa816r14001.pdf
.
(b) Any substance identified by
				  one or more of the following Chemical Abstract Service Registry Numbers listed
				  in the United States Environmental Protection Agency's "Permitting Guidance for
				  Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels" shall not be
				  used in the subsurface:
(1) 68334-30-5,
				  Primary Name: Fuels, diesel;
(2)
				  68476-34-6, Primary Name: Fuels, diesel, Number 2;
(3) 68476-30-2, Primary Name: Fuel oil Number
				  2;
(4) 68476-31-3, Primary Name:
				  Fuel oil, Number 4; and
(5)
				  8008-20-6, Primary Name: Kerosene.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1605 - CASING AND EQUIPMENT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All casing and tubing installed in oil or
				  gas wells shall be steel, steel alloy, or other material that has been
				  manufactured to meet or exceed the American Petroleum Institute (API)
				  standards. All casing and tubing material shall be manufactured according to
				  API standards; all previously used casing shall comply with design parameters
				  for the oil or gas well, pass a hydrostatic test, a drift test, and a wall
				  thickness test pursuant to API Specification 5CT "Specification for Casing and
				  Tubing," and API Specification 5B "Specification for Threading, Gauging, and
				  Thread Inspection of Casing, Tubing, and Line Pipe Threads," which are
				  incorporated by reference, including subsequent amendments and editions. These
				  documents may be viewed online for no charge at
http://publications.api.org/
.
				  The casing shall be marked to verify the test results and the permittee shall
				  provide a copy of the test results to the Department before the casing is
				  installed in the wellbore.
(1) Casing shall
				  be designed to have a minimum internal yield pressure rating that is 20 percent
				  greater than the maximum anticipated pressure to which the casing may be
				  subjected during drilling, completion, or production operations.
(2) Where subsurface reservoir pressure is
				  unknown and cannot be reasonably anticipated by the applicant or permittee, the
				  permittee shall assume a pressure gradient of 0.433 pounds per square inch
				  (psi) per foot in a fully evacuated hole, under shut-in conditions.
(3) All casing and tubing connections shall
				  be torqued to the manufacturer's specifications and shall comply with API
				  Recommended Practice 5A3 "Recommended Practice on Thread Compounds for Casing,
				  Tubing, Line Pipe, and Drill Stem Elements," and API Recommended Practice 5C5
				  "Recommended Practice on Procedures for Testing Casing and Tubing Connections,"
				  which are incorporated by reference, including subsequent amendments and
				  editions. These documents may be viewed online for no charge at
http://publications.api.org/
.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1606 - CEMENTING STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All cement
				  pumped into the wellbore shall consist of cement that is manufactured and
				  tested pursuant to API Specification 10A "Specification for Cements and
				  Materials for Well Cementing" or the American Society for Testing and Materials
				  (ASTM) Standard Specification "C150/C150M Standard Specification for Portland
				  Cement," which are incorporated by reference, including subsequent amendments
				  and editions. Specification 10A, published by API, may be viewed online for no
				  charge at
http://publications.api.org/
.
				  Specification C150/C150M, published by ASTM, may be purchased at a cost of
				  forty-one dollars ($41.00) at
http://www.astm.org/Standards/C150.htm
or by mail at 100 Barr Harbor Drive, West Conshohocken, PA
				  19428-2959.
(b) The permittee, or
				  an authorized representative of the permittee, shall be onsite for all cement
				  mixing and placement operations to monitor the cement mixing equipment and to
				  ensure that cement slurry design parameters are followed.
(c) Cement shall be pumped at a rate and in a
				  flow regime that minimizes channeling of the cement in the annulus.
(d) Cement mixtures for which published
				  performance data are not available shall be tested by the permittee or the
				  service company. The cement test results shall be included with the Form 2 -
				  Oil or Gas Well Permit Application confirming that the cement mixture meets API
				  Specification 10A "Specification for Cements and Materials for Well
				  Cementing."
(e) The Department may
				  require by permit condition a specific cement mixture to be used in any oil or
				  gas based on site-specific situations, such as the salinity of subsurface
				  groundwater zones or the presence of geological hazards.
(f) All cement shall reach a compressive
				  strength of at least 500 pounds per square inch (psi) prior to conducting the
				  casing integrity test required by Rule .1605(b) of this Section.
Authority
					 G.S.
					 113-391(a)(5)c;
Eff. March 17, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1607 - WELL INSTALLATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  may establish by permit conditions additional oil or gas well construction
				  standards that provide greater protection of human health, safety, and the
				  environment based on site-specific conditions such as the geology of the
				  area.
(b) The permittee shall
				  notify the Department at least 48 hours via telephone or email prior to
				  spudding the oil or gas well. The contact information is set forth in Rule
				  .0201 of this Subchapter. The permittee shall submit Form 11 - Required
				  Notifications to the Department, by mail, email, or fax within five calendar
				  days of the telephone or email notice and shall include the following
				  information:
(1) the 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 API number, the lease name, and the
				  oil or gas well name and number; and
(5) the scheduled date and approximate time
				  for spudding the oil or gas well.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1608 - WELL INSTALLATION FOR CONDUCTOR CASING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Conductor casing design and setting depth shall be based on the geological
				  conditions at the wellbore location, including the presence or absence of
				  hydrocarbons and potential drilling hazards.
(b) Conductor casing shall be cemented from
				  bottom to top, with return to the surface. If cement does not return to the
				  surface, the permittee shall consult with and obtain approval from the
				  Department to determine the appropriate method to emplace cement.
(c) Conductor casing shall:
(1) stabilize unconsolidated
				  sediments;
(2) isolate and seal off
				  shallow groundwater zones;
(3)
				  isolate any shallow drilling hazards, hydrocarbon bearing zones, or coal
				  formations;
(4) provide a stable
				  platform for oil or gas well construction; and
(5) provide solid structural anchorage for a
				  diverter system in air drilling operations.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter H - OIL AND GAS CONSERVATION › Section .1600 - WELL CONSTRUCTION AND COMPLETION › Section 05H .1609 - WELL INSTALLATION FOR SURFACE CASING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Surface casing shall be set into competent bedrock to a depth of at least 100
				  feet below the base of the deepest groundwaters but above any hydrocarbon
				  strata containing fluids or gases that could negatively impact the quality of
				  the cement or proper functioning of the oil or gas well.
(b) Surface casing shall be cemented from
				  bottom to top, with return to the surface. If cement does not return to the
				  surface, the permittee shall consult with and obtain approval from the
				  Department to determine the appropriate method to emplace cement.
(c) Surface casing shall:
(1) isolate and seal off shallow
				  groundwaters;
(2) provide a stable
				  platform for oil or gas well construction; and
(3) contain pressures and fluids from
				  subsequent drilling operations to the next planned casing setting
				  point.