reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-17 - Inspection

Current through Supplement No. 393, July, 2024
The state geologist or the state geologist's representative
				  shall have access to all drilling or exploration installations regulated under
				  this chapter for the purpose of inspection and sampling. The state geologist
				  may require the aid of the permitholder if the state geologist finds such aid
				  necessary, and if the state geologist requests such aid.
If samples are to be collected by the state geologist,
				  details relating to the starting date of the collection of such samples and the
				  drill site locations shall be worked out between the state geologist or the
				  state geologist's agents and the permitholder or the permitholder's agents
				  prior to the starting date of such collection.
General Authority:
NDCC
				  38-12.1-04
Law Implemented:
NDCC
				  38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-18 - Permits

Current through Supplement No. 393, July, 2024
A permit shall be required prior to commencement of
				  operations for the exploration and evaluation of coal, except as provided in
				  subsection 2 of North Dakota Century Code section
				  38-12.1-05. A permit shall be
				  granted for one year upon receipt of a permit application, on a form provided
				  by the commission, and the furnishing of a bond, as set out in this chapter,
				  and the payment of a fee of one hundred dollars per permit. A permit shall be
				  valid for one permit area only, and only for those exploration operations which
				  will remove less than two hundred fifty tons [226.80 metric tons] of coal from
				  a permit area. The removal of more than two hundred fifty tons [226.80 metric
				  tons] of coal from an area shall be considered a surface coal mining operation
				  and shall be subject to the requirements of North Dakota Century Code chapter
				  38-14.1 and the regulations of the public service commission promulgated
				  thereunder.
General Authority: NDCC
					 38-12.1-05
Law Implemented: NDCC
					 38-12.1-05
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-18.1 - Notice of environmental data gathering activities

Current through Supplement No. 393, July, 2024
1. So that the state geologist can decide if
				a permit is required, notice of all planned environmental data gathering
				activities, except for those specified in subsections 2 and 3, must be provided
				to the state geologist before beginning any such activities. The notice must
				include:
a. The name, address, and telephone
				number of the person seeking to conduct environmental data gathering
				activities.
b. The name, address,
				and telephone number of the person's representative who will be present at and
				will supervise the activities.
c.
				A narrative describing the activities or a map at a scale of one to twenty-four
				thousand, or greater, showing the proposed area of activities and the general
				location of drill holes and trenches, existing and proposed roads, occupied
				dwellings, topographic features, bodies of surface water, and pipelines.
d. A statement of the period of
				the planned activities.
e. A
				description of all the environmental data gathering activities and the
				practices that will be followed to protect the environment and to reclaim the
				area from adverse impacts of the activities as required by this chapter
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-19 - Contents of permit application

Current through Supplement No. 393, July, 2024
The permit application shall include:
1. The name, address, and telephone number of
				the person seeking to explore.
2.
				The name, address, and telephone number of the representative who will be
				present at and responsible for conducting the exploration activities.
3. A precise description of the
				exploration area.
4. A statement
				of the period of intended exploration.
5. A description of the practices proposed to
				be followed to protect the environment from adverse impacts as a result of the
				exploration activities.
6. A
				statement by the permit applicant that the applicant will comply with all of
				the coal exploration performance standards of article 43-02 for all coal
				exploration and reclamation which substantially disturbs the natural land
				surface.
7. Any other information
				required by the commission.
General Authority: NDCC
					 38-12.1-03,
					 38-12.1-05
Law Implemented: NDCC
					 38-12.1-05
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-20 - Performance standards for coal exploration

Current through Supplement No. 393, July, 2024
The performance standards in this section are applicable to
				  coal exploration which substantially disturbs land surface and on land
				  designated unsuitable for mining under North Dakota Century Code section
				  38-14.1-05. Whether the land
				  surface will be substantially disturbed shall be determined by the state
				  geologist.
1. For purposes of this
				section, "substantially disturb" means, for purposes of coal exploration, to
				impact significantly upon land, air, or water resources by such activities as
				blasting, mechanical excavation, drilling or altering coal or water exploratory
				holes or wells, construction of roads and other access routes, and the
				placement of structures, excavated earth, or other debris on the surface of
				land.
2. Coal exploration
				activities which will substantially disturb land surface shall not be allowed
				to affect the following:
a. Habitats of
				unique value for fish, wildlife, and other related environmental values.
b. Threatened or endangered
				species of plants or animals listed by the Endangered Species Act of 1973, as
				amended [ 16 U.S.C.
				1531 et seq.] and their critical habitats.
c. Species such as eagles,
				migrating birds or other animals protected by state or federal law, and their
				habitats.
d. Habitats of unusually
				high value for fish and wildlife, such as wetlands, riparian areas, cliffs,
				supporting raptors, areas offering special shelter or protection, reproduction
				and nursery areas, and wintering areas.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-01 - Coal Exploration › Section 43-02-01-21 - Removal of coal

Current through Supplement No. 393, July, 2024
No coal shall be extracted for commercial sale during a coal
				  exploration operation. No other coal shall be extracted except for cores and
				  samples necessary for testing and analysis.
General Authority: NDCC
					 38-12.1-04
Law Implemented: NDCC
					 38-12.1-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter contains general rules of statewide application
				  which have been adopted by the industrial commission to conserve the natural
				  resources of North Dakota, to prevent waste, and to provide for operation in a
				  manner as to protect correlative rights of all owners of subsurface minerals.
				  Special rules, pool rules, field rules, and regulations and orders have been
				  and will be issued when required and shall prevail as against general rules,
				  regulations, and orders if in conflict therewith. However, wherever this
				  chapter does not conflict with special rules heretofore or hereafter adopted,
				  this chapter will apply in each case. The commission may grant exceptions to
				  this chapter, after due notice and hearing, when such exceptions will result in
				  the prevention of waste and operation in a manner to protect correlative
				  rights.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-05 - Enforcement of laws, rules, and regulations dealing with exploration, development, and production of subsurface minerals

Current through Supplement No. 393, July, 2024
The commission, its agents, representatives, and employees
				  are charged with the duty and obligation of enforcing all rules and statutes of
				  North Dakota relating to the exploration, development, and production of
				  subsurface minerals. However, it shall be the responsibility of all owners or
				  operators to obtain information pertaining to the regulation of subsurface
				  minerals before operations have begun.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-05.1 - Waste prohibited

Current through Supplement No. 393, July, 2024
All operators, contractors, drillers, carriers, gas
				  distributors, service companies, pipe pulling and salvaging contractors, or
				  other persons shall at all times conduct their operations in the mining,
				  drilling, equipping, operating, producing, plugging, and site reclamation of
				  subsurface minerals in a manner that will prevent waste.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-06 - United States government leases

Current through Supplement No. 393, July, 2024
The commission recognizes that all persons drilling and
				  producing on United States government land shall comply with the United States
				  government regulations. Such persons shall also comply with all applicable
				  state rules and regulations. Copies of the sundry notices, reports on wells,
				  and well data required by this chapter of the wells on United States government
				  land shall be furnished to the state geologist at no expense to the state
				  geologist. Federal forms may be used when filing such notices and reports
				  except for reporting the plugging and abandonment of a well.
In such instance, the plugging record (form 7-sm) must be
				  filed with the state geologist.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-07 - Forms upon request

Current through Supplement No. 393, July, 2024
Forms for written notices, requests, and reports required by
				  the commission will be furnished upon request. These forms shall be of such
				  nature as prescribed by the commission to cover proposed work and to report the
				  results of completed work.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-08 - Authority to cooperate with other agencies

Current through Supplement No. 393, July, 2024
The commission may from time to time enter into arrangements
				  with state and federal government agencies, industry committees, and
				  individuals with respect to special projects, services, and studies relating to
				  subsurface minerals.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-09 - Organization reports

Current through Supplement No. 393, July, 2024
Every person acting as principal or agent for another or
				  independently engaged in the drilling for, or in the production, storage,
				  transportation, refining, reclaiming, treating, marketing, or processing of
				  subsurface minerals in North Dakota shall immediately file with the state
				  geologist the name under which such business is being conducted and operated;
				  the name and post-office address of such person; the business or businesses in
				  which the person is engaged; the plan of organization, and in case of a
				  corporation, the law under which it is chartered; and the names and post-office
				  addresses of any person acting as trustee, together with the names and
				  post-office addresses of any officials on an organization report (form 2sm). If
				  such business is conducted under an assumed name, such organization report
				  shall show the names and post-office addresses of all owners in addition to the
				  other information required. A new organization report shall be filed when and
				  if there is a change in any of the information contained in the
				  report.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-09.1 - Reservoir surveys

Current through Supplement No. 393, July, 2024
By special order of the commission, periodic surveys may be
				  made of the reservoirs in the state containing subsurface minerals. These
				  surveys will be thorough and complete and shall be made using methods approved
				  by the director. The condition of the reservoirs containing subsurface minerals
				  and the practices and methods employed by the operators shall be investigated.
				  The produced volume and source of subsurface mineral, reservoir pressure of the
				  reservoir as an average, the areas of regional or differential pressure, and
				  producing characteristics of the field as a whole and the individual wells
				  within the field shall be specifically included.
All operators of mineral wells are required to permit and
				  assist the agents of the commission in making any and all special tests that
				  may be required by the commission on any or all wells.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-10 - Record of permits and official well names

Current through Supplement No. 393, July, 2024
The state geologist shall maintain an official permit list
				  and a record of official well names.
1. The official permit list must include:
a. The name of the permitholder;
b. The permit number;
c. The date the permit was issued;
				and
d. The location of the
				permit.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-10.1 - Access to records

Current through Supplement No. 393, July, 2024
The commission, director, and their representatives shall
				  have access to all well records wherever located. All owners, operators,
				  drilling contractors, drillers, service companies, or other persons engaged in
				  drilling, completing, producing, or servicing wells shall permit the
				  commission, director, and their representatives to come upon any lease,
				  property, well, or drilling rig operated or controlled by them, complying with
				  state safety rules and to inspect the records and operation of such wells, and
				  to have access at all items to any and all records of wells. If requested,
				  copies of such records must be filed with the commission. The confidentiality
				  of any data submitted which is confidential pursuant to subdivision b of
				  subsection 1 of North Dakota Century Code section
				  38-12-02 and North Dakota
				  Administrative Code section
				  43-02-02-22 must be
				  maintained.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-11 - Bond

Current through Supplement No. 393, July, 2024
Before any person receives a permit to explore for or produce
				  subsurface minerals, the person shall submit to the commission and obtain its
				  approval of a surety bond or cash bond. An alternate form of security may be
				  approved by the commission after notice and hearing, as provided by law. The
				  operator of a well or facility shall be the principal on the bond covering such
				  activity. Each such surety bond shall be executed by a responsible surety
				  company authorized to transact business in North Dakota.
1. Bond amounts and limitations for projects
				that involve drill holes:
a. For wells drilled
				to a total depth of less than two thousand feet [609.6 meters], the amount of
				the bond shall be commensurate with the number of wells, the type of project,
				and the environmental risk. The amount of a bond will be determined by a
				formula that assigns reclamation costs based upon the number of drill sites,
				the depths of the holes, and the anticipated surface restoration
				costs.
b. For wells drilled to a
				total depth of two thousand feet [609.6 meters], or more, the bond shall be in
				the amount of fifty thousand dollars and applicable to one well only.
When the principal on the bond is drilling or operating a
				  number of wells within the state or proposes to do so, the principal may submit
				  a bond conditioned as provided by law. A well with an approved temporary
				  abandoned status shall have the same status as an exploratory, mineral, or
				  injection well. The commission may, after notice and hearing, require higher
				  bond amounts than those required by this section. Such additional amounts for
				  bonds must be related to the economic value of the well or wells and the
				  expected cost of plugging and well site reclamation, as determined by the
				  commission.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-11.1 - Designation and responsibilities of operator

Current through Supplement No. 393, July, 2024
The sprincipal on the bond covering a well is the operator of
				  the well. The operator is responsible for compliance with all laws relating to
				  the well and well site. A dispute over designation of the operator of a well
				  may be addressed by the commission.
In doing so, the factors the commission may consider include
				  those set forth in subsection 1 of section
				  43-02-02-12.1.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-12.1 - Revocation and limitation of drilling permits

Current through Supplement No. 393, July, 2024
1. After notice and
				hearing, the commission may revoke a drilling, recompletion, or reentry permit
				or limit its duration. The commission may act upon its own motion or upon the
				application of an owner in the spacing or drilling unit. In deciding whether to
				revoke or limit a permit, the factors that the commission may consider include:
a. The technical ability of the permitholder
				and other owners to drill and complete the well.
b. The experience of the permitholder and
				other owners in drilling and completing similar wells.
c. The number of wells in the area operated
				by the permitholder and other owners.
d. Whether drainage of the spacing or
				drilling unit has occurred or is likely to occur in the immediate future and
				whether the permitholder has committed to drill a well in a timely
				fashion.
e. Contractual
				obligations, such as an expiring lease.
f. The amount of ownership the permitholder
				and other owners hold in the spacing or drilling unit. If the permitholder is
				the majority owner in the unit or if its interest when combined with that of
				its supporters is a majority of the ownership, it is presumed that the
				permithoider should retain the permit. This presumption, even if not rebutted,
				does not prohibit the commission from limiting the duration of the permit.
				However, if the amount of the interest owned by the owner seeking revocation or
				limitation and its supporters are a majority of the ownership, the commission
				will presume that the permit should be revoked.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-12.2 - Design and construction of surface facilities

Current through Supplement No. 393, July, 2024
The operator shall submit plans and specifications to the
				  director before constructing the following surface facilities:
1. Process or recovery plants and satellite
				facilities;
2. Ponds and
				impoundments;
3.
				Pipelines;
4. Well houses or
				transfer stations;
5. Fuel storage
				areas;
6. Any haul roads that will
				be used for more than six months;
7. Byproduct disposal areas; and
8. Any other facility that may contain
				substances that could impact human health or degrade the environment if
				spilled, discharged, or released.
General Authority:
NDCC
					 38-12-03
Law Implemented:
NDCC
					 38-12-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-12.3 - Construction quality assurance plan

Current through Supplement No. 393, July, 2024
1. The operator shall develop, for the
				department's approval, a construction quality assurance plan that addresses all
				aspects of constructing surface facilities. The plan must include the
				following:
a. A description of the
				responsibilities and authorities of key personnel, including the personnel's
				level of experience and training;
b. A description of the required level of
				experience, training, and duties of the contractor, the contractor's employees,
				and the quality assurance inspectors;
c. A description of the testing protocols for
				every major phase of construction, including the frequency of inspections,
				field testing, and sampling for laboratory testing;
d. The sampling and field testing procedures
				and the equipment to be used;
e.
				The calibration of field testing equipment;
f. The laboratory procedures to be used;
				and
g. A description of the
				documentation to be maintained.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-12.4 - Pipeline design and construction requirements

Current through Supplement No. 393, July, 2024
1. Topsoil
				must be removed before the installation of underground pipelines and replaced
				after pipelines are installed.
2.
				Pipeline systems must be constructed with materials that have the strength,
				thickness, and chemical properties that prevent failure due to pressure
				gradients, physical contact with the waste or fluids to which the pipes are
				exposed, climatic conditions, stress of installation, seismic, and stress of
				daily operation.
3. Design and
				construction requirements for wellfield pipelines and pipelines between the
				wellfield and processing and satellite facilities must include an early
				detection and shutdown capability in the event of pressure drop or loss of
				flow. This may include automatic motor-operated valves with pressure
				transmitters and manually operated valves or devices.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-12.5 - Disposal of liquid waste

Current through Supplement No. 393, July, 2024
All liquid waste streams must be:
1. Disposed of in a permitted class I or V
				underground injection control disposal well under a state department of health
				underground injection control program permit in accordance with chapter
				33-25-01;
2. Land applied under a
				solid waste permit in accordance with 33-20-09; or
3. Treated, if necessary, and discharged
				under a North Dakota pollution discharge elimination system surface water
				discharge permit in accordance with 33-16-01.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-13 - Well location

Current through Supplement No. 393, July, 2024
All well locations must be approved by the commission, after
				  notification and hearing. No well drilled for solution mining of subsurface
				  minerals shall be located closer than five hundred feet [152.4 meters] from the
				  boundary line of property owned or leased by the operator except by order of
				  the commission. The term boundary line as used herein is understood to mean the
				  boundary of a contiguous set of properties either owned or leased by the
				  operator.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-13.1 - Exception location

Current through Supplement No. 393, July, 2024
An operator may apply for an exception to drill at a distance
				  less than five hundred feet [152.4 meters] from the boundary line of a property
				  owned or leased by the operator if the operator submits geological and other
				  technical data to the commission which indicates that waste would occur and
				  that correlative rights will not be violated.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-13.2 - Deviation tests and directional surveys

Current through Supplement No. 393, July, 2024
When any well is drilled or deepened, tests to determine the
				  deviation from the vertical shall be taken at least every one thousand feet
				  [304.8 meters]. The director is authorized to waive the deviation test for a
				  shallow gas well if the necessity therefor can be demonstrated to the
				  director's satisfaction. When the deviation from the vertical exceeds five
				  degrees at any point, the director may require that the hole be straightened.
				  Directional surveys may be required by the director, whenever, in the
				  director's judgement, the location of the bottom of the well is in
				  doubt.
A directional survey shall be made and filed with the state
				  geologist on any well utilizing a whipstock or any method of deviating the well
				  bore. The obligation to run the directional survey may be waived by the
				  director when a well bore is deviated to sidetrack junk in the hole, straighten
				  a crooked hole, control a blowout, or if the necessity therefor can be
				  demonstrated to the director's satisfaction. The survey contractor shall file
				  with the state geologist free of charge one certified electronic copy of all
				  surveys, in a form approved by the director, within thirty days of attaining
				  total depth. Such survey shall be in reference to true north. The director may
				  require the directional survey to be filed immediately after completion if the
				  survey is needed to conduct the operation of the director's office in a timely
				  manner. Special permits may be obtained from the director to drill
				  directionally in a predetermined direction as provided in this section.
If the director denies a request for a permit to
				  directionally drill, the director shall advise the applicant immediately of the
				  reasons for the denial. The decision of the director may be appealed to the
				  commission.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-14 - Sign on wells

Current through Supplement No. 393, July, 2024
Every well associated with the exploration or mining of
				  subsurface minerals shall be identified by a sign posted on the derrick or not
				  more than twenty feet [6.10 meters] from the well. The sign shall be of durable
				  construction and the lettering thereon shall be kept in a legible condition and
				  shall be large enough to be legible under normal conditions at a distance of
				  fifty feet [15.24 meters]. The wells on each lease or property shall be
				  numbered in nonrepetitive sequence, unless some other system of numbering was
				  adopted by the owner prior to the adoption of this chapter. Each sign must show
				  the well name and number (which shall be different or distinctive for each
				  well), the name of the operator, file number, and the location by
				  quarter-quarter, section, township, and range.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-14.1 - Site construction

Current through Supplement No. 393, July, 2024
In the construction of a drill site, access road, and all
				  associated facilities, topsoil shall be removed, stockpiled, and stabilized or
				  otherwise reserved for use when the area is reclaimed. "Topsoil" means the
				  suitable plant growth material on the surface; however, in no event shall this
				  be deemed to be more than the top eight inches [20.32 centimeters] of soil.
				  Soil stabilization additives and materials to be used onsite, access roads or
				  associated facilities must have approval from the director before
				  application.
When necessary to prevent pollution of the land surface and
				  freshwaters, the director may require the drill site to be sloped and
				  diked.
Well sites and associated facilities shall not be located in,
				  or hazardously near, bodies of water, nor shall they block natural drainages.
				  Sites and associated facilities shall be designed to divert surface drainage
				  from entering the site.
Well sites and associated facilities or appropriate parts
				  thereof shall be fenced if required by the director.
Within six months after completion of a well, the portion of
				  the well site not used for well operations shall be reclaimed unless waived by
				  the director. Well sites and all associated facilities shall be stabilized to
				  prevent erosion.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-15.1 - Fencing, screening, and netting of drilling and reserve pits

Current through Supplement No. 393, July, 2024
All open pits and ponds which contain saltwater must be
				  fenced. All pits and ponds which contain oil must be fenced, screened, and
				  netted.
This is not to be construed as requiring the fencing,
				  screening, or netting of a drilling pit or reserve pit used solely for
				  drilling, completing, recomputing, or plugging unless such pit is not reclaimed
				  within ninety days after completion of drilling operations.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-15.2 - Disposal of waste material

Current through Supplement No. 393, July, 2024
All waste material associated with exploration or production
				  of a subsurface mineral through deep wells must be properly disposed of in an
				  authorized facility.
All waste material recovered from spills, leaks, and
				  undesirable events shall immediately be disposed of in an authorized facility,
				  although the remediation of such material may be allowed onsite if approved by
				  the director.
This is not to be construed as requiring the offsite disposal
				  of drilling mud or drill cuttings associated with the drilling of a shallow
				  well. However, water remaining in a drilling or reserve pit used in the
				  drilling and completion operations of a deep well is to be removed from the pit
				  and disposed of in an authorized disposal well or used in a manner approved by
				  the director. The disposition or use of the water must be included on the
				  sundry notice (form 4-sm) reporting the plan of reclamation pursuant to
				  sections 43-02-02-15.4 and
				  43-02-02-15.5.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-15.3 - Earthen pits and open receptacles

Current through Supplement No. 393, July, 2024
Except as otherwise provided in sections
				  43-02-02-15.4 and
				  43-02-02-15.5, no saltwater,
				  drilling mud, crude oil, waste oil, or other waste shall be stored in earthen
				  pits or open receptacles except in an emergency and upon approval by the
				  director.
A lined earthen pit or open receptacle may be temporarily
				  used to retain oil, water, cement, solids, or fluids generated in well
				  completion servicing or plugging operations. A pit or receptacle used for this
				  purpose must be sufficiently impermeable to provide adequate temporary
				  containment of the oil, water, or fluids. The contents of the pit or receptacle
				  must be removed within seventy-two hours after operations have ceased and must
				  be disposed of at an authorized facility in accordance with section
				  43-02-02-15.2. Within thirty days
				  after operations have ceased, the earthen pit shall be reclaimed and the open
				  receptacle shall be removed. The director may grant an extension of the
				  thirty-day time period for no more than one year for good cause.
The director may permit pits or receptacles used solely for
				  the purpose of flaring casinghead gas. A pit or receptacle used for this
				  purpose must be sufficiently impermeable to provide adequate temporary
				  containment of fluids. Permission for such pit or receptacle shall be
				  conditioned on locating the pit not less than one hundred fifty feet [45.72
				  meters] from the vicinity of wells and tanks and keeping it free of any
				  saltwater, crude oil, waste oil, or other waste. Saltwater, drilling mud, crude
				  oil, waste oil, or other waste shall be removed from the pit or receptacle
				  within twenty-four hours after being discovered and must be disposed of at an
				  authorized facility in accordance with section
				  43-02-02-15.2.
The director may permit pits used solely for storage of
				  freshwater used in completion and well servicing operations. Permits for
				  freshwater pits shall be valid for a period of one year but may be reauthorized
				  upon application. Freshwater pits shall be lined and no pit constructed for
				  this purpose shall be wholly or partially constructed of fill dirt unless
				  approved by the director. The director may approve chemical treatment to
				  municipal drinking water standards upon application. The freshwater pit shall
				  have signage on all sides accessible to vehicular traffic clearly identifying
				  the usage as freshwater only.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-16 - Sealing off strata

Current through Supplement No. 393, July, 2024
During the drilling and operation of any well for subsurface
				  minerals, all mineral-bearing and water strata above the producing horizon
				  shall be sealed or separated where necessary in order to prevent their contents
				  from passing into other strata.
All freshwaters and waters of present or probable value for
				  domestic, commercial, or stock purposes shall be confined to their respective
				  strata and shall be adequately protected by methods approved by the commission.
				  Special precautions shall be taken in drilling and plugging wells to guard
				  against any loss of artesian water from the strata in which it occurs, and the
				  contamination of artesian water by objectionable water or subsurface
				  minerals.
All water shall be shut off and excluded from the various
				  subsurface mineral-bearing strata which are penetrated. Water shutoffs shall
				  ordinarily be made by cementing casing or landing casing with or without the
				  use of mud-laden fluid.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-18 - Defective casing or cementing

Current through Supplement No. 393, July, 2024
In any well that appears to have defective casing or
				  cementing, the operator shall report the defect to the state geologist on a
				  sundry notice (form 4-sm). Prior to attempting remedial work on any casing, the
				  operator must obtain approval from the director and proceed with diligence to
				  conduct test, as approved or required by the director, to properly evaluate the
				  condition of the well bore and correct the defect. The director is authorized
				  to require a pressure test to verify casing integrity if its competence is
				  questionable. The director may allow the well bore condition to remain if
				  correlative rights can be protected without endangering potable waters. The
				  well shall be properly plugged if requested by the director.
Any well with open perforations above a packer shall be
				  deemed to have defective casing.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-18.1 - Perforating, fracturing, and chemically treating wells

Current through Supplement No. 393, July, 2024
During treatment operations, the director may prescribe
				  pretreatment casing pressure testing as well as other operational requirements
				  designed to protect wellhead and casing strings. If damage results to the
				  casing or the casing seat from perforating, fracturing, or chemically treating
				  a well, the operator shall immediately notify the director and proceed with
				  diligence to use the appropriate method and means for rectifying such damage,
				  pursuant to section
				  43-02-02-18. If perforating,
				  fracturing, or chemical treating results in irreparable damage which threatens
				  the mechanical integrity of the well, the commission may require the operator
				  to plug the well.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-19 - Blowout prevention

Current through Supplement No. 393, July, 2024
In all drilling operations, proper and necessary precautions
				  shall be taken for keeping the well under control, including the use of a
				  blowout preventer and high-pressure fittings attached to properly cemented
				  casing strings adequate to withstand anticipated pressures. During the course
				  of drilling, the pipe rams shall be functionally operated at least once every
				  twenty-four-hour period. The blind rams shall be functionally operated each
				  trip out of the well bore. The blowout preventer shall be pressure-tested at
				  installation on the wellhead, after modification of any equipment, and every
				  thirty days thereafter. The director may postpone such pressure test if the
				  necessity can be demonstrated to the director's satisfaction. All tests shall
				  be noted in the driller's record.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-20 - Safety regulation

Current through Supplement No. 393, July, 2024
Any rubbish or debris that might constitute a fire hazard
				  shall be removed to a distance of at least one hundred fifty feet [45.72
				  meters] from the vicinity of wells and tanks. All waste shall be burned or
				  disposed of in such manner as to avoid creating a fire hazard. All vegetation
				  must be removed to a safe distance from any production equipment to eliminate a
				  fire hazard.
The director may require remote operated or automatic
				  shutdown equipment be installed on, or shut in for no more than forty days, any
				  well that is likely to cause a serious threat of pollution or injury to the
				  public health or safety.
No well shall be drilled or production or injection equipment
				  installed less than five hundred feet [152.4 meters] from an occupied dwelling
				  unless agreed to in writing by the owner of the dwelling or authorized by order
				  of the commission.
1. No well (or
				subsurface mine) site may be placed within four hundred feet [121.92 meters] of
				the centerline of any state highway, unless otherwise approved by the director
				of the department of transportation, or the director's designee.
2. If direct access from a state highway to a
				well (or subsurface mine) site is desired, the mineral resource permit
				applicant must obtain a driveway perm it from the department of transportation
				district office as required by department of transportation policies in force
				at the time of the request.
Subsurface pressure must be controlled during all drilling,
				  completion, and well-servicing operations with appropriate fluid weight and
				  pressure control equipment.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-20.1 - Pulling string of casing

Current through Supplement No. 393, July, 2024
When removing casing strings from any subsurface mineral or
				  injection well, the space above the casing stub shall be kept and left full of
				  fluid with adequate gel strength and specific gravity, cement, or combination
				  thereof, to seal off all freshwater and saltwater strata and any strata bearing
				  oil or gas not producing. No casing shall be removed without the prior approval
				  of the director.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-21 - Well and lease equipment

Current through Supplement No. 393, July, 2024
Wellhead and lease equipment with a working pressure at least
				  equivalent to the calculated or known pressure to which the equipment may be
				  subjected shall be installed and maintained. Valves shall be installed and
				  maintained in good working order to permit pressure readings to be obtained on
				  both casing and tubing.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-02 - Subsurface Mineral Exploration and Development › Section 43-02-02-21.1 - Notification of fires, leaks, spills, or blowouts

Current through Supplement No. 393, July, 2024
All persons controlling or operating any well, pipeline,
				  receiving tank, storage tank, or production facility into which subsurface
				  minerals or water is produced, received, stored, processed, or through which
				  subsurface minerals or water is injected, piped, or transported, shall verbally
				  notify the director within twenty-four hours after discovery of any fire, leak,
				  spill, blowout, or release of fluid. If any such incident occurs or travels
				  offsite of a facility, the persons, as named above, responsible for proper
				  notification shall within a reasonable time also notify the surface owners upon
				  whose land the incident occurred or traveled. Notification requirements
				  prescribed by this section shall not apply to any leak, spill, or release of
				  fluid that is less than one barrel total volume and remains onsite of a
				  facility. The verbal notification must be followed by a written report within
				  ten days after cleanup of the incident, unless deemed unnecessary by the
				  director. Such report must include the operator and description of the
				  facility, the legal description of the location of the incident, date of
				  occurrence, date of cleanup, amount and type of each fluid involved, amount of
				  each fluid recovered, steps taken to remedy the situation, cause of the
				  accident, and action taken to prevent reoccurrence. The signature, title, and
				  telephone number of the company representative must be included on such report.
				  The persons, as named above, responsible for proper notification, within a
				  reasonable time, also shall provide a copy of the written report to the surface
				  owners upon whose land the incident occurred or traveled.
The commission, however, may impose more stringent
				  spill-reporting requirements if warranted because of proximity to sensitive
				  areas, past spill performance, or careless operating practices as determined by
				  the director.
General Authority:
NDCC
					 38-12-02
Law Implemented:
NDCC
					 38-12-02