Section 62C-26.007 - Geophysical Applications(1) Intent. This regulation shall govern all geophysical activities utilized in the exploration for hydrocarbons and other minerals. The Department intends to permit these activities provided they are conducted so as to minimize damage to all other resources.(2) State Owned Lands. Whenever geophysical activities are conducted on state owned mineral lands, the permittee shall furnish a copy of all non-interpreted information derived from the permitted activity. All confidential information shall be conspicuously marked and, upon written request, shall be held confidential for a period of ten years as specified in Section 377.2409(1), F.S., and shall be exempt from the requirements of Section 119.07, F.S.(3) Applications. No person shall engage in geophysical operations until that person has obtained a permit from the Department. To apply, the applicant must submit an Application (Oil & Gas Form 4), Organization Report (Oil & Gas Form 1), approved security (see subsection 62C-26.007(5), F.A.C.), a non-refundable application processing fee of $500.00 and, if the survey uses explosives, an additional non-refundable observer coordinator fee of $1,000.00 for the first week of field work (see paragraph 62C-26.007(6)(a), F.A.C.), and two plat maps described below. (a) Two plat maps: a detailed plat map showing the location of lines along which geophysical operations are to be conducted, and a generalized plat map for public distribution showing the general vicinity of the geophysical program. Permittees shall use Florida DOT county road maps (1 inch = 2 miles) for local exploratory programs and USGS topographic maps (1:250, 000 or 500, 000) for regional geophysical programs conducted on road rights-of-way. Symbols used for survey lines on highway rights-of-way shall be different from those used for offroad survey lines. Plat maps are to be accompanied by a copy of a complete, detailed plan of operations for all work to be done, including personnel, equipment, energy sources, use of explosives, restoration activities, etc.(b) Use Agreement. A statement agreeing to obtain written approval from the Division of State Lands prior to conducting field operations.(4) Permits. Permits issued by the Department shall be valid for one year from the date approved. The permit may be renewed for up to one additional year provided no substantive changes are requested. A fee of $250.00 is required for renewal. (a) Work Notice. The operator shall notify the Department's agent not less than seven days prior to starting operations.(b) Well Evaluation. Downhole geophysical well evaluation conducted through an existing well bore does not require a permit but operators are required to submit copies of logs as specified by subsection 62C-27.007(2), F.A.C.(5) Bonds. The applicant shall post with the Department a bond or other form of approved security as required by Rule 62C-26.002, F.A.C. The amount of the security shall be $25,000.00 per field crew or a $100,000.00 per operation. Operators who have a blanket bond for oil wells (Oil & Gas Form 2A) on file may attach to it a Geophysical Rider (Oil & Gas Form 5A) to effect the required coverage. Using a vibrator source along highway rights-of-way will be considered a one-crew party.(6) Operational Requirements. (a) Uplands. It is the intent of the Department to insure that all geophysical activities are conducted in a manner to minimize environmental damage and disturbance to wild life, especially threatened or endangered species and their habitats. 1. Observers. The applicant shall provide independent third party observers as required by Section 377.2424(3), F.S. Observers shall be paid directly by the permittee and shall witness all drilling, loading, detonating, and plugging of all shot holes, maintain log books, witness all remedial operations to neutralize unexploded charges, and verify that the permittee has removed from the site all equipment, trash, debris, and materials resulting from the permitted activity.2. Shot Point Maps. Prior to drilling and loading, the applicant shall provide a map showing all intended shot points and, within 10 days of completion, update the map to show actual shot points. This location map shall be on an aerial photographic base at a scale sufficiently large, preferably 1 inch to 400 feet, to allow reoccupation of all shot points.3. Explosives. All persons conducting geophysical operations who use explosives shall be licensed pursuant to Chapter 69A-2, F.A.C. The loading and shooting of all charges, including nondetonating charges, shall be handled as instructed by the State Fire Marshal, Bureau of Explosives and Fire Equipment. a. Depth of Charges. The minimum required depths of charges detonated in holes below the land surface are shown below. No part of the charge shall be above the minimum required depth. 1 pound or less | 10 feet below the surface |
Up to 05 pounds | 20 feet below the surface |
Up to 20 pounds | 40 feet below the surface |
Up to 30 pounds | 50 feet below the surface |
Up to 40 pounds | 60 feet below the surface |
Up to 50 pounds | 70 feet below the surface |
More than 50 pounds | 100 feet below the surface |
(b) Sensitive Environments. Great care shall be taken to do all work in such a way as to absolutely minimize environmental damage. Clearing shall be kept to a minimum, existing roads and trails shall be used to the greatest extent possible, work parties shall minimize multiple passes over sensitive areas, and tree islands shall be avoided. In addition, all ruts shall be repaired and a monitoring plan developed to measure line reclamation and prevent ORV recreational use of restored lines. 1. Vehicles. Only vehicles designed to minimize surface impacts shall be used. Routes shall be carefully chosen to avoid damage; submerged grassbeds and dense stands of cypress shall be avoided.2. Staging Areas. Wetlands shall not be used for staging areas unless the applicant demonstrates to the Department that there is no other practical alternative.3. Vessels. Vessels shall be used so as to minimize damage to all marine life and shall be operated in strict accordance with posted speed and other restrictions.a. Transportation. The permittee shall provide transportation necessary for the Department's agent to inspect the vessel and working area as specified in the permit.b. Fish Kills. The permittee shall immediately report and dispose of any fish killed in conjunction with geophysical operations.(7) Plugging. Shot holes shall be plugged in accordance with the rules of the jurisdictional water management district and the top two feet plugged with native material. If artesian conditions are encountered, drilling shall be discontinued immediately and the hole plugged in accordance with instructions provided by the water management district. Upon completion of operations, the permittee shall file a shot hole map notated with plugging procedures together with Oil & Gas Form 7 as specified below.(8) Reclamation. When geophysical activities under any permit have been concluded, the permittee shall remove from the site all trash, debris, equipment and materials and shall reclaim the area to the general condition and contour existing prior to permitted activities. The operator shall notify the Department using Oil & Gas Form 7, Geophysical Completion Notice, incorporated by reference in Rule 62C-25.008, F.A.C., when reclamation activities are concluded.(9) Revocation of Permit. Any violation of these rules may result in the suspension or revocation of any violated permit pursuant to Rule 62C-25.0075, F.A.C., and Section 120.60, FS., or may result in civil penalties pursuant to Sections 370.021 and 377.37, F.S.Fla. Admin. Code Ann. R. 62C-26.007
Rulemaking Authority 377.021(1), 377.22, 377.242 FS. Law Implemented 377.22, 377.2408, 377.2409, 377.242, 377.2424, 377.2426 FS.
New 5-10-84, Amended 4-23-85, Formerly 16C-26.07, Amended 12-23-86, 6-4-89, 5-12-93, Formerly 16C-26.007, Amended 3-24-96, 5-9-13.New 5-10-84, Amended 4-23-85, Formerly 16C-26.07, Amended 12-23-86, 6-4-89, 5-12-93, Formerly 16C-26.007, Amended 3-24-96, 5-9-13.