Rule 391-3-13-.04 - Well Permit(1) Before any well is drilled or re-entered, the person desiring to drill or re-enter the same shall submit to the Division the following items: (a) A properly completed "Application for Permit to Drill" on application forms obtained from the Division.(b) A fee of $500 for each application submitted.(c) A plat and an index map (see 8. below) showing the location of the proposed well which conforms to the following specifications: 1. The scale of the plat shall be indicated graphically and shall not be less than one (1) inch equals one thousand (1,000) feet. The size of the sheet upon which the plat is drawn shall not exceed twenty-four (24) inches by twenty-four (24) inches.2. A labeled vector indicating either true, grid, or magnetic north.3. The surface elevation of the drill site (well location) shall be established.4. The plat shall accurately show the distance to the two closest lease lines and/or property lines and/or drilling unit boundaries from the proposed well location. Where appropriate, the plat shall show the military district, block number and tract or unit identity.5. The plat shall be constructed by a surveyor registered by the State of Georgia or by a professional engineer registered by the State of Georgia.6. The plat shall contain a signed statement or certification by the surveyor or registered professional engineer that all measurements are accurate as shown on the plat.7. The plat shall show the amount of acreage assigned to the drilling unit and the drill site tract.8. The index map shall show all federal, state, county, and municipal highways and roads and all railroads within a radius of one (1) mile of the proposed well location; and all buildings, prominent landmarks within one thousand (1,000) feet of the proposed well location. In addition, sufficient information shall be provided so that the location of the proposed well can be plotted to within plus or minus one hundred (± 100) feet on a standard U.S. Geological Survey quadrangle map. The appropriate U.S. Geological Survey quadrangle map with the well site location indicated within plus or minus one hundred (± 100) feet may be substituted for a hand drafted index map.9. If conditions require that two or more attempts are necessary in order to satisfactorily drill and/or construct the well, the location of each attempt shall be indicated on updated plats submitted to the Division.(d) A properly completed "Affidavit of Ownership or Control" on an application form obtained from the Division.(e) A properly completed "Organization Report" as specified in paragraph (7) of this section.(f) Illustrations and narrative material of the proposed operation. The illustrations and narratives should as described in the Oil and Gas Exploration and Production Well, Deep Mineral Exploration and Production Well, and Deep Fresh Water Production Well Permitting Checklist describe the following: 2. Casing and cementing program.3. Procedures to prevent blow-outs, caving, and seepage.4. Procedures to prevent fires, waste, H2S containment and spillage.5. Sampling and logging program.6. Reclamation program for mud-pits, sumps, reserve pits, and dikes.7. Disposal of drilling fluids.8. Testing the integrity of well casings.9. Maintenance and repair of roadways significantly impacted by drilling operations, including hydraulic fracturing activities; and10. Buffers around wells and property line setbacks that are sufficient to protect potentially affected property owners from any noise, light, water, or air pollution resulting from any drilling or hydraulic fracturing operations.(g) Procedures for hazard mitigation identified in 3. and 4. above may be included by reference if the operator has already provided such procedures to the Division. The Division also may request such additional information as it deems necessary.(h) A bond, or undertaking, in the amount specified below in Table I for each proposed well. Such bond shall be executed by the operator as principal, and by a surety approved to do business in this State, and shall be payable to the State of Georgia Department of Natural Resources. The bond shall be conditioned to secure the faithful performance of all requirements of the Act, these Rules and Regulations and permit conditions. (The correct legal name and address of the principal and the surety shall be set forth on the bond, which shall be countersigned by the Georgia agent of such surety, who shall also set forth the correct legal name and address of such agent). In the event of a failure by the operator to fully comply with the Act, Rules and Regulations or permit conditions, said bond shall be forfeited and the Division shall expend the proceeds of the bond to fulfill the operator's responsibilities so as to protect the State and its citizens from any injury which may result from such failure. The bond shall remain in effect for a period of two years after said well is plugged and properly abandoned, two years after receipt by the Director of a properly completed "Well Completion Report" as described in 391-3-13-.15, or two years from the date of receipt of all data and reports required by these Rules, whichever occurs last. As an alternate to a bond an irrevocable letter of credit may be issued provided the irrevocable letter of credit is acceptable to the Division and the irrevocable letter of credit is issued to the State by a bank domiciled in the State of Georgia. TABLE I
| Permit Depth | Amount of Bond |
| Less than 5,000 feet | $20,000 |
| 5,000 to 10,000 feet | $40,000 |
| 10,000 to 15,000 feet | $60,000 |
| Over 15,000 feet | $80,000 |
A lesser amount of a bond or an irrevocable letter of credit may be proposed if the applicant can document that a lesser amount is appropriate in accordance with requirements in the Oil and Gas Exploration and Production Well, Deep Mineral Exploration and Production Well, and Deep Fresh Water Production Well Permitting Checklist.
(i) In the event the owner or operator wishes to keep the well open for additional testing after drilling rig removal. The Director may require that an additional bond in the amount of $25,000 be furnished, subject to the same terms and conditions as the initial bond. Also, if the operator plans to drill multiple wells and can demonstrate to the satisfaction of the Director that the operator has adequate financial resources to cover all plugging and abandonment costs, and the cost for restoration and reclamation of the well site, a blanket bond in the amount of $100,000 may be substituted. This blanket bond shall be subject to the same terms and conditions as the aforementioned individual well bond. The Director may require that the blanket bond not be applicable for any well left open after rig removal.(j) In addition to the above requirements, for those operations that will be conducting hydraulic fracturing, the following information is also required in the permit application: 1. The location of the well proposed to be fractured and the route of any directional borehole to the end point of such borehole;2. A brief description of the project, including information regarding the sources of water to be used as base fluid and estimated amounts and methods of waste-water disposal;3. The identification of ground-water sources within one-half mile of any proposed wellhead and within one-half mile along the route of any directional borehole to the end point of such borehole, and for ground-water quality monitoring before, during, and after drilling operations;4. A comprehensive groundwater monitoring plan in the vicinity of the oil or gas borehole, in nearby drinking water aquifers, and at public and private water supply wells, as detailed in the Narratives section of the Oil and Gas Exploration and Production Well, Deep Mineral Exploration and Production Well, and Deep Fresh Water Production Well Permitting Checklist;5. Disclosure of the chemicals in the fluids used in the hydraulic fracturing process, a copy of which shall also be submitted to the Commissioner of Public Health;6. A description of the provisions for the safe disposal of all hydraulic fracturing fluids; and7. A description of the provisions for the restoration and reclamation of abandoned well sites, storage facility sites, pits, and access roads.(2) Any operator applying for a permit to drill a directionally controlled well shall fulfill the prescribed requirements of (1) of this paragraph. In addition, the survey plat must show the proposed bottom hole location and the surface location. In the event an operator, in good faith, commences and proceeds with the drilling of a straight well and thereafter decides to deviate the well directionally, he may do so by first notifying the Director by telephone, secondly confirming in writing the fact thereof, and thirdly complying with the provisions governing intentionally deviated wells as hereinabove provided.(3) The Director shall, within 30 days after the receipt of a properly completed application from any person desiring to drill a well covered by this part, issue a public notice for the permit application by posting such notice to the Division website and by sending such notice via mail or e-mail to any persons who have requested notification of permit applications from the Division. (a) The Director shall allow for a 30 day public comment period to begin running from the date the public notice is posted on the Division website.(b) The permit applicant shall provide public notice of the proposed well to property owners and residents who may be impacted by the issuance of the permit within ten days of the date of the public notice issued by the Director by, at a minimum: 1. Posting the public notice along the road nearest to the proposed well2. Providing the public notice to all persons owning real property within one-half mile of the proposed wellhead and within one-half mile along the route of any directional borehole and any residence that has any drinking water wells within one-half mile of the proposed wellhead and within one-half mile along the route of any directional borehole3. Publishing the public notice in at least one legal organ in the county where the well will be located(4) After considering the permit application, the Director shall either issue or deny a permit for the well. The Director shall notify the public of the final permit decision via mail or e-mail to any persons who have requested notification of permit application from the Division.(5) Drilling or re-entry shall not begin until a permit is issued. Permits shall expire one (1) year from the date of issuance if spudding operations in connection with the proposed well have not begun.(6) Noncompliance with any provision of the Act, these Rules and Regulations, or any permit condition shall be grounds for the revocation, suspension or modification of any permit.(7) Every person acting as an operator or agent for an operator or independently engaged in the production of or drilling for oil, condensate, or gas shall file with the Director an "Organization Report," on forms obtained from the Division. The "Organization Report" shall contain the following information: the name, telephone number, post office address of such person; the exact legal name under which such person or businesses is being operated or conducted; the exact corporate name, if such is incorporated, and the place of incorporation of such corporation; the business or businesses in which the person is typically engaged; the names and post office addresses of all other persons acting as trustee, together with the names and post office addresses of the manager, agent, or executives thereof, as well as the names and post office addresses of principal officers thereof. When a business is conducted under an assumed name, as a partnership or a sole a proprietorship, the "Organization Report" shall show the names and post office addresses of all owners or partners in addition to the other information herein required. Should any change occur as to facts stated in the filed report prior to bond termination, a revised "Organization Report" shall be filed with the Director within thirty (30) days of such change.(8) An operator may request modification of any permit condition. Such request must be in writing and properly documented. The Director may grant such modification if he is satisfied that the request is justified and if the modification will allow the operator to remain in compliance with Act and these Rules and Regulations.(9) Within ten (10) days after permit approval, the operator shall give written notice to the land-owner or tenant occupying the land of the operator's intent to drill and general schedule.Ga. Comp. R. & Regs. R. 391-3-13-.04
O.C.G.A. §12-4-2, et seq., as amended.
Original Rule entitled "Well Permit" was filed on December 23, 1981; effective January 12, 1982.Amended: F. July 15, 2019; eff. August 4, 2019.