Okla. Admin. Code § 165:10-7-31

Current through Vol. 42, No. 4, November 1, 2024

Section 165:10-7-31 - Seismic and stratigraphic operations

(a)Scope. This Section shall cover the permitting, bonding, and plugging requirements for seismic exploration activities and stratigraphic test holes. Check-shots and vertical seismic profiles or other downhole wellbore seismic operations are excluded from this Section. Claims for damages sustained as a result of seismic operations, court proceeding costs and other matters concerning personal injury or property damage associated with seismic operations shall be brought in the district courts, pursuant to the Seismic Exploration Regulation Act (Okla. Stat. Tit. 52 §§ 318.21 through 318.23).

(b)Definitions. The following words and terms, when used in this Section, shall have the following meaning:

(1)"Seismic exploration" and "seismic operation" shall mean the drilling of seismic shot holes and use of surface energy sources such as weight drop equipment, thumpers, hydro pulses and vibrators and any of the activities associated therewith. This definition does not include surveying of the seismic area or the activity of conducting private negotiations between parties.

(2)"Stratigraphic test holes" shall mean holes drilled for the sole purpose of obtaining subsurface geological information through direct analysis of cores or cuttings or through the use of geophysical measurements that do not require the use of artificial sources of seismic energy.

(3)"Operator" or "applicant" shall mean the person or entity who is either the owner of the right to conduct seismic exploration or who acts on behalf of the owner.

(4)"Surface estate" shall mean the fee simple or absolute fee ownership of a tract of real property as defined by Okla. Stat. Tit. 60 §§5 and 23, less and excluding the mineral estate.

(5)"Surface owner" shall mean the owner or owners of record of the surface estate of the property upon which the seismic exploration is to occur, based upon the records of the county clerk of the county within which the surface estate is actually located.

(6)"Technical information and data" shall be defined as pre-plats as referenced in (c)(2)(B) and post-plats as referenced in subsection (c)(5).

(c)Seismic permitting.

(1) Before commencing any seismic operations in the State of Oklahoma, the applicant shall:

(A) Be duly registered with the Commission, including provision of a permanent address.

(B) Post a financial surety guarantee with the Commission.

(C) Provide to the Commission the name and business or field address of the contractor responsible for the operations being conducted.

(D) Obtain a permit from the Conservation Division for each seismic operation.

(E) Attempt to notify all owners of the surface estate where seismic operations will occur at least fifteen (15) days prior to commencement of operations on such surface estate. It shall be sufficient notice pursuant to this Section when notice is given to the current surface owner(s) at the last address shown of record for the surface owner in the records of the county clerk in the county where the surface estate is located, or an address that is known by applicant to be more accurate than the foregoing address of record. If the applicant has the right to conduct seismic operations and has attempted to give actual notice of intent to conduct seismic operations to the surface owner any time before fifteen (15) days prior to conducting seismic operations, such action shall be considered sufficient notification for the purposes of this Section. For the purposes of this Section, an attempt to notify shall be considered sufficient when the notification is sent by U.S. mail, the notice is postmarked at least fifteen (15) days prior to commencement of any seismic operations, and has been given at the last address shown of record for the surface owner in the records of the county clerk in the county where the surface estate is located, or an address which is known by applicant to be more accurate than the foregoing address of record.

(F) File an affidavit, within ninety (90) days of the last mailing of the notice, with the Commission and the county clerk in the county where the property is located, setting out that mailing of the notice has occurred in compliance with this Section and the Seismic Exploration Regulation Act (Okla. Stat. Tit. 52 §§ 318.21 through 318.23).

(G) The notice shall include a copy of the oil or gas lease or seismic permit or other legal instrument of similar nature authorizing the use of the surface for seismic operations and shall contain the information that is required for notices by Okla. Stat. Tit. 52 § 318.22.

(2) The applicant shall make application on the Commission's Form 1000S.

(A) The permit shall be valid for only one operation as approved on Form 1000S.

(B) A pre-plat of the operation area shall be attached to the application showing the location of the operation area delineated to the nearest section

(C) Post a performance bond in the amount of $50,000, or other form of surety in an amount as approved by the Conservation Division. The performance bond may be filed for each operation, or may be filed on an annual basis to cover all operations that may be undertaken during the year. If the performance bond is filed for a single operation, the amount may be approved by the Conservation Division for less than $50,000 or in another form of financial surety guarantee, depending on the nature of the seismic operation involved, the number of shot holes or surface energy source points, the cost of the operation and the size of the applicant's business. The form of surety shall not include letters of credit or financial statements. Such bond(s) or other surety may be released upon request made no sooner than thirty (30) days subsequent to the completion of the applicant's operation(s), which have been permitted under such bond(s) or other surety, upon satisfactory inspection or review by Conservation Division personnel.

(D) The permit shall expire twelve (12) months from the issue date, unless operations are commenced.

(E) The Conservation Division shall approve or deny the application within thirty (30) days of receipt of the application. The Conservation Division may act upon an application or amended application on an expedited basis.

(F) During any activity subject to this subsection, the applicant shall maintain at the site a copy of the approved permit, Form 1000S, for inspection.

(G) All technical information, excluding the Form 1000S, but including any plats, relative to the permitted operation shall remain confidential or the Conservation Division shall destroy the records. The plats and any other technical data submitted, shall be filed in the Technical Services Department of the Conservation Division. Upon request of the Manager of Field Operations, the technical data may be reviewed by Field Operations to ensure compliance with Commission rules.

(3) The operator shall file with the Conservation Division a written notice of commencement of seismic operations within 14 days after commencement of such operations.

(4) No seismic shot hole blasting shall be conducted within 200 feet of any habitable dwelling, building, or water well without written permission from the owner of the property or within 500 feet of any superfund site or hazardous waste facility.

(5)Plugging and post-plat. Within 30 days after completing a seismic operation, the applicant receiving the permit shall submit a copy of: the approved Form 1000S certifying the plugging of all seismic shot holes in compliance with this Section; and a post-plat or acceptable form of survey showing the actual location of all seismic shot holes. Unless the applicant can demonstrate to the Conservation Division's District Office that another method will provide sufficient protection to groundwater supplies and long term land stability, the following guidelines shall be observed:

(A) Standard plugging method. All holes shall be filled to within four feet from the surface with bentonite, native cuttings, or an appropriate substitute. The remainder of the shot hole shall be filled and tamped with native cuttings or soil.

(B) Special methods. In areas where the standard plugging method has been shown to be inadequate for the prevention of groundwater contamination, the Conservation Division may designate the area as a special problem area. In such event, the Conservation Division will provide to the best of its ability, a clear geographical description of such area and the recommended, or required, hole plugging methods. Should the applicant encounter conditions such that the standard method appears inadequate for the prevention of groundwater contamination, the applicant shall inform the Conservation Division.

(i) Artesian flow. If the standard method is inadequate to stop artesian flow, alternate remedies must be employed to do so.

(ii) Water well conversion. Applicants are prohibited from allowing the conversion of seismic shot holes to water wells.

(iii) Groundwater protection. Alternative plugging procedures and materials may be utilized when the applicant has demonstrated to the Conservation Division's satisfaction that the alternatives will protect usable quality water.

(iv) Timeliness. All seismic shot holes shall be plugged as soon as possible and shall not remain unplugged for a period of more than 30 days after the drilling of the hole.

(d)Stratigraphic test permitting.

(1) Before commencing any stratigraphic test hole operations, those companies hereinafter referred to as the applicant shall:

(A) Be duly registered with the Commission, including provision of a permanent address.

(B) Post a financial surety guarantee with the Commission in compliance with 165:10-1-10.

(C) Obtain a permit from the Conservation Division for each stratigraphic test operation.

(2) The applicant shall make application on the Commission's Form 1000.

(A) The permit shall be valid for only one operation as approved on Form 1000.

(B) The permit shall expire twelve (12) months from the issue date, unless operations are commenced.

(C) The Conservation Division shall approve or deny the application within 30 days of receipt of the application.

(D) Notice to surface owners shall be given according to OAC 165:10-3-1(g).

(E) During any activity subject to this subsection, the applicant shall maintain at the site a copy of the approved permit, Form 1000, for inspection.

(F) Any technical data submitted shall be filed in the Technical Services Department of the Conservation Division. Upon request of the Manager of Field Operations, the technical data may be reviewed by Field Operations to ensure compliance with Commission rules.

(G) The operator shall file with the Conservation Division a written notice of spudding of stratigraphic well within 14 days after spudding of the well.

(3) Unless the applicant can demonstrate to the Conservation Division's District Office that another method will provide sufficient protection to groundwater supplies and long term land stability, the following guidelines shall be observed:

(A) Surface casing requirements shall be met according to OAC 165:10-3-4.

(B) Storage and disposal of fluids associated with the drilling of stratigraphic test holes shall meet the requirements of OAC 165:10-7-16.

(C) Duty to plug and abandon shall be according to OAC 165:10-11-3.

(D) The Conservation Division shall be notified prior to commencement of plugging according to OAC 165:10-11-4.

(E)Plugging. Stratigraphic test holes shall be plugged according to OAC 165:10-11-6 and certification submitted on Form 1003 in compliance with OAC 165:10-11-7.

(e) Any person, firm, corporation or entity which conducts any seismic or stratigraphic test hole operations without a permit as provided in this Section, or in any other manner violates the rules of the Commission governing such operation shall be subject to a penalty up to One Thousand Dollars ($1,000.00) per violation per day after completion of the informal complaints procedure provided in OAC 165:10-7-7 and notice and hearing pursuant to the Commission's contempt proceedings.

(f)Complaints. A complaint alleging violations of this Section may be filed with the Commission against any person, firm or corporation conducting seismic and stratigraphic operation(s). The Commission may determine if and when a complaint has been adequately resolved, pursuant to the informal complaints process of OAC 165:10-7-7, and, if an environmental complaint, pursuant to the citizen complaint procedure of OAC 165:5-1-25.

Okla. Admin. Code § 165:10-7-31

Added at 16 Ok Reg 842, eff 1-5-99 (emergency); Added at 16 Ok Reg 2190, eff 7-1-99 ; Amended at 24 Ok Reg 1784, eff 7-1-07 ; Amended at 30 Ok Reg 1041, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018