Ala. Admin. Code r. 220-4-.01
Current through Register Vol. 43, No. 1, October 31, 2024
Section 220-4-.01 - Geophysical Exploration Of State Of Alabama Lands(1) Purpose. (a) The purpose of this regulation is to prevent the destruction of, or injury to State-owned lands, including the beds of navigable waters, under the jurisdiction of the Department of Conservation and Natural Resources; to protect wildlife and other natural resources on such lands; and to prescribe policies, procedures, and requirements for conducting geological and geophysical activities on State-owned lands. These activities may occur on unleased lands or on lands under lease to a third party. Activities are limited to geological and geophysical exploration for mineral resources whether involving the use of explosives or not, on such lands.(b) No exploration activities shall be commenced upon State lands under the jurisdiction of the Department of Conservation and Natural Resources, without the written approval of the Commissioner.(2) Definitions.(a) When used in this regulation, the following terms shall have the indicated meanings: 1. "Commissioner" means the commissioner of the Department of Conservation and Natural Resources of the State of Alabama or a subordinate authorized to act on the Commissioner's behalf.2. "Department" means the Department of Conservation and Natural Resources of the State of Alabama.3. "Director" means the director of the Department's State Lands Division.4. "Exploration" means the process of searching for minerals, including but not limited to geophysical surveys, where magnetic, gravity, seismic or other systems are used to detect or imply the presence of minerals.5. "Geophysical Exploration for Mineral Resources" means any operation conducted upon lands owned by the State of Alabama and under the jurisdiction of the Department of Conservation and Natural Resources, which utilizes geophysical techniques, including, but not limited to gravity, magnetic, and various seismic methods, to produce information and data in support of possible exploration and development activity.6. "Lease" means any form of authorization of exploration, development and production of minerals from lands owned by the State of Alabama and under the jurisdiction of the Department.7. "Lessee" means the party authorized by a lease, or an approved assignment thereof, to explore for, develop, and produce the leased mineral deposits in accordance with the terms thereof.8. "Minerals" includes oil, gas, sulfur, geopressured-geothermal and associated resources, and all other minerals which may be produced from lands owned by the State of Alabama and subject to the jurisdiction of the Department.9. "Permit" means the contract or agreement, other than a lease, approved for a specified period of not more than 120 days under which a permittee acquires the right to conduct geological or geophysical exploration for mineral resources.10. "Permittee" means the person authorized by a permit issued pursuant to this regulation.11. "State Representative" means an employee of the Department or other person as approved by the Commissioner.12. "Violation" means a failure to comply with any provision of this regulation or any order issued in connection therewith.(3) General Requirements of Notices and Permits.(a) Geophysical exploration for mineral resources shall be conducted so that those activities do not: 1. interfere with or endanger operations under any lease.2. cause harm or damage to aquatic life;4. create hazardous or unsafe conditions;5. unreasonably interfere with or harm other uses of the area; or6. disturb cultural resources.(b) Any person conducting geological or geophysical activities for mineral exploration pursuant hereto shall immediately report to the Director when these activities: 1. encounter environmental hazards which constitute an eminent threat to human activity; or2. adversely affect the environment, aquatic life, cultural resources, or other uses of the area in which the exploration activity is conducted.(4) Geological and Geophysical Activities Requiring Permits. Geological and geophysical exploration for mineral resources may not be commenced nor conducted upon State lands under the jurisdiction of the Department without an approved permit.(5) Application for Permits. (a) Applications for permits to conduct geological or geophysical exploration for mineral resources shall be submitted in a form and manner prescribed and approved by the Director. Each application for a permit shall include:1. the name of the principal for whom the exploration company will conduct the geophysical exploration;2. the name of the party chief and the name of the exploration company who will participate in the proposed exploration;3. the type of exploration and the manner in which the activity will be conducted;4. the legal description of the property upon which exploration is to be conducted, together with the approximate acreage thereof;5. the dates on which the exploration is proposed to be commenced and completed;6. a detailed map, in duplicate, reflecting the exact area in which the exploration activity is to be conducted; and7. such other relevant information and data as the Director may require.(b) Applications shall confine the desired exploration area within one township, or, if the area involves submerged lands in the coastal area of Alabama south of U.S. Highway 90 (Battleship Parkway), to one offshore tract. If the desired acreage extends into another township or tract, a separate application must be submitted.(c) Each application for a permit must be filed with the State Lands Division of the Department and accompanied by an application fee, payable to the "Director, State Lands Division" in an amount computed from the following schedule: CATEGORY RATE
Administrative fee $100 (all applications)
Non-explosive $400 per tract or fraction thereof
Dynamite or other explosive agent (except "mini-hole") $100 per shot ($400 minimum)
Mini-hole program $500 per mile or fraction thereof
(d) A lessee shall be exempt from payment of the application fee, but shall otherwise comply with the provisions of this regulation. (6) Inspection and Observation of Exploration Activities.(a) Each permittee conducting exploration activities on State lands subject to the jurisdiction of the Department shall be accompanied by a State representative unless an exception has been granted by the Commissioner. A permittee, upon request by the Director, shall provide to the State representative, transportation to facilitate inspection and observation of exploration activities. The State representative shall observe or inspect operations conducted pursuant to the permit and determine whether operations are being conducted in accordance with the provisions thereof. When a permittee employs more than one shooting component and activities are at such a distance apart that it is impossible for the State representative to travel from one component to the other in time to observe the shots of such units, an additional State representative, or State representatives may be required and assigned to each shooting component. A State representative may be required to be present at all times if exploratory activities consist of shooting operations in environmentally sensitive areas.(b) The State representative assigned to a permittee shall be under the supervision of the Division of the Department to which the State representative is regularly assigned.(c) The State representative, supervisor and the Director, on request shall have access to all records, such as shot point location maps, shooters logs and tracings, but only to the extent necessary to determine compliance with the provisions of this regulation.(d) The permittee party chief shall assist the State representative in completing any required forms or reports by furnishing all necessary data and shall familiarize members of the exploration party with the provisions of this regulation and the duty and authority of the State representative in connection with inspection and observation of exploration activities.(7) Inspection Fees. Each permittee shall submit payment upon a calendar monthly basis an inspection fee for furnishing State representatives assigned to the permittee conducting exploration activities on State lands. The inspection fee shall be assessed at the rate of $160 per day for the actual duration of exploration activities. Payments shall be made by the permittee directly to the Department division to which the State representative is regularly assigned, such funds to be deposited to the credit of the subject division.(8) Use of Explosives in Connection with Exploration Activities. (a) No explosives shall be discharged within 1,000 feet of any habitation or within 300 feet of any highway without the written permission of the Commissioner.(b) Charges in excess of fifty (50) pounds on land or twenty (20) pounds on State water bottoms shall not be used except pursuant to express written authorization by the Commissioner. Requests for the use of such charges shall be made in writing, justifying the reason for the use of such charges and giving the proposed size of charges to be used and the depth at which they are to be suspended or buried. Should multiple charges be used, the total amount of explosives shall not exceed twenty (20) pounds per hole without express written permission from the Commissioner.(c) Minimum required depths of charges in all water areas shall be as follows for shots detonated in holes: CHARGE DEPTH
5 lbs or less 50 feet
6 to 10 lbs. 75 feet
11 to 20 lbs. 100 feet
No part of the charge shall be above the minimum required depth.
(d) Except during inclement weather conditions, capped explosives shall not be left in shot holes for periods exceeding two (2) days unless a crew member is stationed within the immediate work area.(e) The placing of explosive charges on all water bottoms is prohibited.(f) When more than one shot is fired in the same hole, the State representative may require redetermination of the legal depth of the hole after the shot is fired before reloading to assure compliance with the requirements reflected in the table of charges and depths.(g) All pipe used in geophysical operations must be removed to at least six (6) feet below the bottom in water areas before finally abandoning the shot point. No pipes shall remain in the water during crew off days except as otherwise provided herein.(h) All parties using pipe in water areas must have clearly stamped at each end of each joint, the name or abbreviation of the name, of the company using the pipe.(i) All pipes, buoys and other markers used in connection with exploration activities in water areas shall be flagged properly during daylight hours. Flagging shall be clearly visible from the adjacent buoy or marker. During the hours of darkness, pipes, buoys and other markers shall be lighted in accordance with U.S. Coast Guard navigation rules.(j) No explosives shall be discharged within 250 feet of any oyster reef or bed.(k) No explosives in suspended charges shall be discharged within 1,000 feet of any boat other than that of the permittee without first having given notice to such other boat and providing a reasonable opportunity for it to move from the area.(1) Primacord may not be used in the salt and brackish waters of the State of Alabama.(m) No shooting will be allowed in heavy fog due to danger to boats in close proximity.(n) No shooting will be allowed except in daylight hours in order to facilitate inspection by the State representative, except pursuant to written exception of the Commissioner.(o) Air gun arrays shall not exceed a total of 1,500 cubic inches or 2000 pounds per square inch in inshore waters except pursuant to express written authorization by the Commissioner. Requests for exception shall be made in writing, justifying the reason for such exception and giving the proposed configuration. (9) Resource Protection. (a) Boats, marsh buggies or other types of marsh vehicles used in connection with exploration activities must be so used as to cause minimum disturbance or injury to the lands, water bottoms and wildlife and fisheries thereon.(b) Permittees conducting seismic operations shall use reasonable precaution in accordance with approved and accepted methods to prevent destruction of, or injury to, fish, oysters, shrimp and other aquatic life, wildlife or other natural resources of the State.(c) No geophysical exploration activity shall be conducted in any wildlife refuge, waterfowl refuge, game preserve, fish preserve or hatchery or oyster seed ground reservation without written permission from the agency in charge of such refuge, preserve, hatchery or reservation. No geophysical exploration activity shall be conducted in inshore waters during the first two weeks immediately following the opening of the summer shrimping season. All buoys, cable markers, and other such materials shall be removed from the water prior to the opening day of such season.(10) Equipment Identification. All markers used for land based survey lines must be stamped clearly with the name of the company using the stakes at approximately 3-foot intervals. All stakes must be removed upon completion of exploration on the prospect.(11) Progress Report on Activities Conducted Under a Permit. Each permittee shall notify the State representative of the beginning, interruption or cessation of work and shall keep the State representative informed of the name and address of the party chief and location and movements of permittee's exploratory crew.(12) Suspension and Cancellation of Authority to Conduct Activities Under Permit.(a) The Commissioner may suspend or temporarily prohibit the permittee's authority to conduct exploration activities under a permit by notifying the permittee either orally or in writing when the Commissioner determines that there is a threat of serious, irreparable or immediate harm or damage to life, including fish and other aquatic life, to property, to any mineral deposits (in areas leased or not leased), or to the marine, coastal, or human environment. Such suspension shall be effective immediately upon receipt of the notice. Suspensions issued orally shall be followed by written notice confirming the action, and all written notices will be sent by certified mail. Suspension shall remain in effect until the basis for the suspension has been corrected to the satisfaction of the Commissioner.(b) Either the Commissioner, the Director or the State Representative may suspend or temporarily prohibit the permittee's authority to conduct exploration under a permit either orally or in writing when such individual determines the permittee fails to comply with the provisions of the permit or of these regulations, or otherwise damage State lands. Such suspension shall be effective immediately upon receipt of the notice. Suspensions issued orally shall be followed by written notice confirming the action and all written notices shall be sent by certified mail. A suspension shall remain in effect until the basis for the suspension has been corrected to the satisfaction of the Commissioner.(c) The Commissioner may cancel, or a permittee may relinquish, a permit to conduct exploration activities at any time by sending a notice of cancellation or a notice of relinquishment. Such notices shall state the reason for the cancellation or relinquishment and shall be sent by certified mail to the other party at least five (5) days in advance of the effective date.(13) Exceptions. (a) Exceptions to the provisions of this regulation may be granted only by the Commissioner upon written application therefor setting forth detailed reasons for the requested exception. Any exception shall be reflected in writing which specifically designates the particular area or rule affected, details the exception, and specifies the procedure to be followed in lieu of the established regulation.(b) No State representative shall have the authority to release any permittee from any obligation imposed by this regulation.(14) Permit Assignment. No transfer or assignment of any geophysical exploration permit issued pursuant to the provisions hereof shall be valid unless approved in writing by the Commissioner.(15) Indemnification of the State of Alabama. In obtaining a permit to conduct geophysical exploration activities pursuant to the terms hereof, the permittee, by acceptance of such permit specifically agrees to indemnify the State for any and all damages which may occur as a result of such exploration activities on State lands and which arise or are caused by the permittee's activities. Permittee further agrees to save and hold the State harmless from any and all damages or actions for damages which may occur or arise from permittee's activities while on State land.(16) Interpretation of Regulation and Appeals. The interpretation of these rules and regulations by the Director or Supervisor of the State representative shall be accepted by the permittee; provided, however, the permittee shall have the right to make a written appeal to the Commissioner on any interpretation thereof. In the event such an appeal is filed, the Commissioner shall render a decision thereon within five (5) days after receipt of the written appeal. At the discretion of the Commissioner, all interested parties may be required to submit written arguments or in the alternative a hearing may be scheduled with all interested parties being present. In the event of a hearing, the Commissioner may appoint an official of the Department to conduct the hearing in his absence.(17) Penalty. (a) Violation of the provisions of this regulation or the refusal of any permittee to comply fully with all orders and requirements which may be made by the Department at the time exploration activities are conducted, or any attempt to unduly influence any State representative to abstain from the enforcement of this regulation shall constitute cause for terminating all seismic operations of permittee upon State lands and may result in the permittee's party chief, party manager or field manager being barred from conducting future exploration activities on state Lands.(b) The penalties prescribed in this paragraph entitled "Penalty" shall be in addition to those penalties afforded by any other law or regulation.(18) Conflicting Provisions Repealed and Specific Repeal of 82-SL-1 (Previous Version of 220-4-.01). All previous geophysical exploration regulations or parts thereof in conflict with this regulation, as well as 82-SL-1 (previous version of 220-4-.01), are hereby expressly repealed.(19) Effective Date. This regulation shall become effective on the 36th day after filing with the Legislative Reference Service. Author: James D. Martin
Ala. Admin. Code r. 220-4-.01
Filed September 30, 1982. Amended: Effective May 11, 1990.Statutory Authority:Code of Ala. 1975, § 9-2-12.
PENALTY: As provided by law and as provided herein.
Ed. Note: Previous Rule 220-4-.01 entitled "Seismic Permits" repealed in its entirety and new Rule 220-4-.01 entitled "Geophysical Exploration of State of Alabama Lands" adopted in lieu thereof. Filed April 5, 1990.