Information And Seismic Test Holes

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_632/632_015.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 







DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES









 

DIVISION 15
INFORMATION AND SEISMIC TEST HOLES

632-015-0005
Information
and Seismic Test Holes
These rules provide
requirements for seismic and information hole operations, including financial security,
groundwater protection, and surface reclamation.
Stat. Auth.: ORS
520

Stats. Implemented:
ORS 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; DGMI 2-2013, f. & cert. ef. 3-21-13
632-015-0010
Definitions
The definitions
in ORS 520.005 apply to this rule division. In addition, the following definitions
apply:
(1) "Board"
means the Governing Board of the State Department of Geology and Mineral Industries.
(2) "Department”
means the Oregon Department of Geology and Mineral Industries.
(3) "Drilling
Records” means an operational summary of any hole.
(4) "Groundwater"
means any water, except capillary moisture, beneath the land surface or beneath
the bed of any stream, lake, reservoir or other body of surface water within Oregon,
whatever may be the geological formation or structure in which such water stands,
flows, percolates or otherwise moves.
(5) "Information
Hole" means a hole drilled for information purposes in conjunction with oil or
gas exploration operations and includes, but is not limited to, stratigraphic test
holes, core holes, or other test holes.
(6) "Nonmetallic
Plug" means a plugging device made of nonmetallic and noncorrosive material that
can be placed in a hole to prevent excess settling at the surface. An example of
a nonmetallic plug is a plastic plug which conforms to the diameter of the hole.
(7) “Operator”
means any person who is in charge of the development of a lease or the construction,
development or operation of a seismic program or information hole operation subject
to the division.
(8) “Permittee"
means any person who has the right to conduct a seismic program or information hole
operation and has received a permit or is an operator.
(9) "Seismic
Explorer" means a person who conducts seismic research work by the means of drilling
seismic shot holes for the placing or detonating of explosives.
(10) "Seismic
Shot Hole (Seismic Hole)" means a hole that will be used for seismic operation purposes
only.
(11) "Stratigraphic
Test Hole" means an information hole that is less than 500 feet deep drilled for
stratigraphic or geologic data or information only and not for production under
any foreseeable conditions as determined by the department.
(12) "Sump"
means an earthen containment area or a tank or other container, lined with a low
permeability liner, located at the drilling site for the storage of drilling fluids
or other material as part of a drilling operation.
Stat. Auth.: ORS
520

Stats. Implemented:
ORS 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; DGMI 2-2013, f. & cert. ef. 3-21-13
632-015-0015
Application
and Permit to Conduct Seismic and Information Hole Operations
(1) A person may
not conduct seismic program or information hole operations until that person has
applied for and received a permit from the department. A nonrefundable fee, pursuant
to ORS 520.017, must accompany an application. The application must be submitted
on a form provided by the department. The applicant must submit one paper copy and
one electronic copy of the application and supporting documents.
(2) The application
for a permit for seismic program or information hole operations must include:
(a) The approximate
number, depth, and location of the seismic or information holes. In the case of
seismic shot holes, the size of the explosive charges must be specified. The application
must be accompanied by a map showing the location of the shot holes or information
holes. This may be a seismic shot point map showing the location of the seismic
lines with shot points where the holes will be located;
(b) The name,
permanent address, and business phone number of the applicant;
(c) In the
case of a seismic program, the name, permanent address, and business phone number
of the seismic explorer, if different from the information in subsection (b) of
this section;
(d) The name,
permanent address, and business phone number of the hole plugging contractor, if
different from the applicant and seismic explorer;
(e) A description
of hole plugging procedures;
(f) The anticipated
starting date of operations, including drilling;
(g) The anticipated
completion date of operations, including plugging, and;
(h) Any other
related data requested by the department.
(3) A single
application for an information hole may include up to 5 information hole locations.
(4) Upon
receipt of an application, the department will determine within 21 days if the application
is complete. The department will notify the applicant of its determination in writing.
(5) The department
will circulate each completed application to appropriate state agencies and the
governing body of the county or city in which the seismic or information holes will
be located. The agencies and governing body have 45 days from the date the department
circulates the application in which to comment.
(6) The applicant
is responsible for obtaining any required land use approval from the affected local
government prior to beginning operations.
(7) Within
60 days after receipt of a complete application for a permit to conduct a seismic
program or to drill an information hole, the department shall issue or deny the
permit unless the department determines that a longer period is necessary to respond
to comments or new information, or for any other good cause.
(8) The department
shall deny a permit if:
(a) The method
of drilling, plugging, or reclamation of the seismic program or information hole
operation does not comply with Oregon statutes, Oregon Administrative Rules, or
any applicable orders of the board; or
(b) The applicant
is currently not in compliance with ORS chapter 520 or these rules with respect
to a seismic program or information hole in Oregon; or
(c) The applicant
currently has contracted, with respect to operations in Oregon, with a geophysical
contractor, driller, or other explorer that currently has an unlawfully abandoned
seismic program, or information hole pursuant to OAR 632-015-0040, or an oil or
gas well pursuant to OAR 632-010-0198 in Oregon or has not submitted plugging records
from a previous seismic or information hole operation in the state of Oregon.
(9) If the
department denies a permit application, it will notify the applicant upon determination
of denial. Any person adversely affected by a decision of the department may appeal
pursuant to OAR 632-015-0060.
(10) The
department may temporarily suspend any seismic program or information hole operation
not in compliance with Oregon statutes, Oregon Administrative Rules, any applicable
orders of the board, or permit conditions.
(11) The
department may revoke a permit if it determines that any of the grounds for denying
a permit now exist, as specified in section (8) of this rule, or if any aspect of
the operation does not comply with Oregon statutes, Oregon Administrative Rules,
any applicable order of the board, or permit conditions.
(12) If seismic
programs or information hole operations do not commence within one year from the
date of issuance of the permit, the permit becomes invalid unless the permit term
has been extended pursuant to this section. The permit may be extended by the department
for good cause for a maximum of one additional year upon receipt of written request
from the permittee, before the expiration date, giving reasons acceptable to the
department for an extension.
Stat. Auth.: ORS
520

Stats. Implemented:
ORS 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; GMI 2-1995, f. & cert. ef. 3-10-95; DGMI
2-2013, f. & cert. ef. 3-21-13
632-015-0020
Seismic Shot
Hole Operations
Seismic shot hole
programs may not be conducted within 1/8 mile of any existing building, water well,
flowing spring, stock water pipeline, sewer line, utility tunnel, or water or gas
line, unless a written exception is granted by the department based on the applicant’s
demonstration, to the department’s satisfaction, that the operation presents
no significant danger to human health or the environment.
Stat. Auth.: ORS
529

Stats. Implemented:
ORS 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; GMI 2-1995, f. & cert. ef. 3-10-95; DGMI
2-2013, f. & cert. ef. 3-21-13
632-015-0025
Financial
Security Requirements
(1) Before a permit
may be issued for seismic programs or information hole operations, the applicant
must submit a surety bond or other form of financial security acceptable to the
department. The department will establish the amount of financial security based
on estimated costs, but the amount may not be less than $50,000. A surety bond must
be executed by the applicant, as principal, and by a surety company authorized to
do business in the State of Oregon, as surety, and conditioned upon the faithful
compliance by the principal with Oregon statutes, Oregon Administrative Rules, any
applicable order of the board, and permit conditions.
(2) Any security
submitted as required by this section may, with the consent of the department, be
terminated and cancelled and the surety relieved of all obligations thereunder.
However, the department shall not consent to termination and cancellation of any
security until the hole or holes covered by such security have been properly reclaimed,
or another valid security has been submitted.
(3) Following
completion of operations, the permittee may request that the department release
the bond or other form of security. A bond or security may not be released until
the department has determined that the permittee has complied with Oregon statutes,
Oregon Administrative Rules, any applicable order of the board, and permit conditions.
Stat. Auth.: ORS
516.090 & 520.095

Stats. Implemented:
ORS 520.027 & 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; GMI 2-1995, f. & cert. ef. 3-10-95; DGMI
2-2013, f. & cert. ef. 3-21-13
632-015-0030
Compliance
with Law
The permittee for
a seismic program or information hole operation is responsible for conducting all
operations in compliance with Oregon statutes, Oregon Administrative Rules, any
applicable order of the board or department, and permit conditions, and is subject
to the penalties provided by Oregon statutes and these rules for failure to comply.
Stat. Auth.: ORS
516.090 & 520.095

Stats. Implemented:
ORS 520.027 & 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; DGMI 2-2013, f. & cert. ef. 3-21-13
632-015-0035
Notices
The permittee must
give the department a minimum of 24 hours advance notice of plugging operations.
For seismic shot hole plugging operations that are not a continuation of the initial
drilling of the shot hole or part of the plugging procedures immediately following
seismic program operations, the permittee must give the department a minimum of
24 hours advance notice of the plugging operations.
Stat. Auth.: ORS
516.090 & 520.095

Stats. Implemented:
ORS 520.027 & 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; GMI 2-1995, f. & cert. ef. 3-10-95; DGMI
2-2013, f. & cert. ef. 3-21-13
632-015-0040
Plugging
Requirements
(1) Proper completion
and decommission require adequate protection of the environment and of aesthetic
qualities of the surface in the area of operation.
(2) An information
hole or seismic shot hole is properly completed for the purposes of this chapter
when the permittee demonstrates to the satisfaction of the department that the information
hole or shot hole has been constructed to the standard and requirement of the permit.
(3) An information
hole or seismic shot hole is considered properly plugged and abandoned, for the
purposes of this chapter, when the conditions of ORS 520.005 to 520.991 and these
rules are fulfilled and the permittee has shown to the satisfaction of the department
that all proper steps have been taken to protect groundwater and surface water from
contamination resulting from the drilling or drilling related activities and to
prevent the commingling of fluids between zones or the conveyance of fluids to the
surface.
(4) All holes
must be plugged and all related disturbance must be reclaimed in accordance with
these rules as soon as practical. A hole may not be left unplugged for longer
than 30 days from the completion of operations without prior written approval from
the department.
(5) An Information
hole must be cemented from the bottom up to a depth 4 feet from the ground surface
through tubing to prevent cross-flow, erosion, waste, or contamination of groundwater.
(a) The hole
must be filled and pressure grouted from bottom to top with cement, consisting of
a neat cement weighing in excess of 15.0 pounds per gallon with not less than a
viscosity of 36 (API Full Funnel Method);
(b) In no
case may sand or aggregate be added to cement grout seal mixtures;
(c) Other
fluids may be used upon approval of the department;
(d) Cement
grout used as a sealing material must be placed or forced upward from the bottom
of the hole in one continuous operation without significant interruption. If temporary
outer surface casing is used in the construction of the hole, it must be withdrawn
as the grout is placed;
(e) The top
of all casing strings must be cut off at least 4 feet below ground surface and buried
to a depth of at least four feet in such a manner as not to interfere with soil
cultivation.
(6) All seismic
shot holes must be plugged and reclaimed in a manner that prevents vertical movement
of water in the hole.
(a) Seismic
shot holes encountering groundwater must be cased and sealed with unhydrated bentonite
at least 3/8 inch in diameter to 10 feet above the groundwater before explosives
are used. Unhydrated bentonite materials used in plugging of a hole must be specifically
designed for sealing wells and be within industry tolerances for dry western sodium
bentonite. The bentonite must be placed in the hole in a manner that prevents cross-flow,
waste or contamination of groundwater.
(b) The following
requirements apply to seismic shot holes not encountering groundwater:
(A) Such
shot hole must be sealed with unhydrated bentonite at least 3/8 inch in diameter
below the elevation that the explosives are used;
(B) Above
the elevation that the explosives are used unhydrated bentonite at least 3/8 inch
in diameter must be added from the top of the bentonite to the surface;
(C) A nonmetallic
plug must be set at a depth of 3 feet below ground surface; cuttings added above
the nonmetallic plug must be tamped;
(D) The operator
must place a bentonite plug no less than 10 feet in length. If the shot hole is
less than 10 feet in length, the entire hole must be plugged with unhydrated bentonite
at least 3/8 inch in diameter.
(E) A small
mound of cuttings must be left over the hole to allow for settling; and
(F) Any cuttings
deposited on the surface around the seismic hole or information hole must be raked
or otherwise spread so that the cuttings do not exceed 2 inches of the pre-existing
land surface, except for a small mound left for settling.
(c) A seismic
shot hole that encounters groundwater and caves in after detonation of an explosive
charge must provide for the protection of groundwater by reopening the hole and
plugging with cement and by placing a mound over the hole for settling as provided
in subsections (3)(C) and (3)(D) of this rule.
(d) Alternative
plugging procedures and materials may be utilized with the department’s written
approval when the operator has demonstrated to the department's satisfaction that
the alternatives will protect water quality.
(7) All ground
disturbance related to well site operation must be reclaimed to a secondary beneficial
use that is compatible with the applicable local land comprehensive plan and land
use regulations.
(8) Affidavit
on completion: Within 60 days after an information hole or seismic shot hole is
plugged, the operator must file a written statement with the department certifying
that the well was properly plugged and affected areas reclaimed.
Stat. Auth.: ORS
516.090 & 520.095

Stats. Implemented:
ORS 520.027 & 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; GMI 2-1995, f. & cert. ef. 3-10-95; DGMI
2-2013, f. & cert. e.f 3-21-13
632-015-0045
Conversion
to Water Well
Permittee may convert
the shot or information hole to a water well upon approval from the Oregon Department
of Water Resources. The department may not release the permittee from complying
with the requirements of ORS 520.005 to 520.991 until such conversion is accomplished.
Stat. Auth.: ORS
516.090 & 520.095

Stats. Implemented:
ORS 520.027 & 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; DGMI 2-2013, f. & cert. ef. 3-21-13
632-015-0050
Filing of
Reports
(1) Report on Completion.
Within 45 days after the completion of the plugging of an information hole or seismic
shot hole, the owner or operator must file a report with the department setting
forth in detail the method used in plugging the well or wells. The report must be
in a form acceptable to the department.
(2) The drilling
records:
(a) Must
be in narrative form and include a map showing the location and depth of each
shot hole or information hole so that it can be located; and
(b) Must
indicate all work that has been performed in compliance with the permit issued for
the seismic program or information hole operation.
(3) Within
60 days after plugging, the permittee must file an affidavit with the department,
setting forth the location of the information hole or seismic program and the method
used to protect such water-bearing formation, if any, that was penetrated during
the program or operation.
Stat. Auth.: ORS
516.090 & 520.095

Stats. Implemented:
520.027, 520.095 & 520.097

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; GMI 2-1995, f. & cert. ef. 3-10-95; DGMI
2-2013, f. & cert. ef. 3-21-13
632-015-0055
Reclamation
(1) Reclamation
of surface lands affected by these operations is intended to return the surface
to pre-exploration condition and/or beneficial use that is compatible with the local
land use designation for the parcel(s).
(2) The operator
must provide sumps of adequate capacity and design to retain all fluid material
during drilling and other operations.
(3) The operator
may not allow the contents of a sump to:
(a) Enter
streams, artificial canals, waterways, groundwater, lakes, rivers, or other water
bodies; or
(b) Adversely
affect public health, safety, or welfare, or the environment, including plants,
fish, and wildlife.
(4) When
no longer needed, fluid in sumps must be disposed of in a manner approved by the
Oregon Department of Environmental Quality and the sumps must be filled and covered.
(5) The affected
surface lands must be restored to a pre-exploration status or another beneficial
use that is authorized under the applicable comprehensive plan and land use regulations
and acceptable to the department and surface owner. Reclamation activities may include,
but are not limited to, grading, replanting, and reseeding of affected lands.
Stat. Auth.: ORS
516.090 & 520.095

Stats. Implemented:
ORS 520.027 & 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; DGMI 2-2013, f. & cert. ef. 3-21-13
632-015-0060
Appeals
The applicant or
permittee may request a contested case hearing by the board. The request for a contested
case hearing must be filed within 30 days. The contested case hearing will be conducted
in accordance with OAR 632-001-0005 and ORS Chapter 183.
Stat. Auth.: ORS
516.090 & 520.095

Stats. Implemented:
ORS 520.027 & 520.095

Hist.: GMI
2-1990, f. 8-9-90, cert. ef. 8-31-90; GMI 2-1995, f. & cert. ef. 3-10-95; DGMI
2-2013, f. & cert. ef. 3-21-13

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
Read Entire Law on arcweb.sos.state.or.us