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Information and Seismic Test Holes
DIVISION 15 INFORMATION AND SEISMIC TEST HOLES – 632-015-005
These rules provide procedures for seismic and information hole operations, bonding requirements, plugging requirements, and ground water protection and surface reclamation for shallow holes or wells less than 500 feet deep drilled in oil and gas exploration operations in Oregon.
Stat. Auth.: ORS Ch. 520
Stats. Implemented: ORS 520.095
Hist.: GMI 2-1990, f. 8-9-90, cert. ef. 8-31-90
632-015-010
Definitions
As used in these rules, unless the context otherwise requires:
(l) "Department" shall mean the Oregon Department of Geology and Mineral Industries.
(2) "Drilling Records" include a map, summary and a report of the plugging and reclamation of any hole.
(3) "Ground Water" 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.
(4) "Information Hole" means a hole drilled for data or information purposes only in oil and gas exploration operations and includes, but is not limited to, stratigraphic test holes and core test holes.
(5) "Nonmetallic Plug" means a plugging device made of nonmetallic and noncorrosive material which 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.
(6) "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.
(7) "Seismic Shot Hole (Seismic Hole)" means a hole which will be used for seismic operation purposes only.
(8) "Seismic Operations" means operations conducted by means of drilling seismic shot holes for the placing and detonating of explosives.
(9) "Shallow Hole" means an information hole or seismic shot hole drilled to a depth of less than 500 feet.
(10) "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 State Geologist.
(11) "Sump" means an earthen containment area or a tank or other container located at the drilling site for the storage of drilling fluids or other material as part of a drilling operation.
Stat. Auth.: ORS Ch. 520
Stats. Implemented: ORS 520.095
Hist.: GMI 2-1990, f. 8-9-90, cert. ef. 8-31-90
632-015-015
Application and Permit to Conduct Seismic and Information Hole Operations
(1) No person shall conduct seismic or information hole operations in Oregon until that person has applied for and received a permit from the Department. A nonrefundable fee of $100 shall accompany any application. The application shall be submitted on a form provided by the depart-ment.
(2) The application for a permit for seismic or information hole operations shall 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 shall be included. The application shall be accompanied by a map that shows 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 shallow holes will be located;
(b) The name, permanent address, and business phone number of the applicant;
(c) In the case of a seismic shot hole, the name, permanent address, and business phone number of the seismic explorer, if different than 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;
(h) Any other related data requested by the department.
(3) The department shall circulate each completed application to the county(ies), without the details of the location of the seismic shot hole or information hole operations, in which the operations may be located. The application shall also be circulated to the Department of Water Resources (WRD), Division of State Lands (DSL), and other appropriate agencies.
(4) The applicant is responsible for obtaining any required land use approval from the affected local government prior to beginning operations.
(5) If upon receipt of the completed application and compliance with bonding requirements in OAR 632-015-0025, the department determines that the proposed seismic operation or information hole operation (including the method of drilling, the plugging and reclamation of the holes) complies with Oregon statutes, Oregon Administrative Rules and any applicable orders of the board, and does not fit in any of the categories specified in section (6) of this rule, the department shall issue the permit within twenty-one (21) days from the date of such determination.
(6) The department shall deny a permit if:
(a) The method of drilling, plugging or reclamation of the seismic shot hole or information hole operation does not comply with Oregon statutes, Oregon Administrative Rules, or any applicable orders of the board; or
(b) The applicant currently has an unlawfully abandoned seismic shot hole or information hole in Oregon; or
(c) The applicant has not submitted all plugging records from a previous seismic or information hole operation conducted after the effective date of these rules; or
(d) The applicant currently has a business relationship with respect to operations in Oregon with a geophysical contractor, driller or other explorer that currently has an unlawfully abandoned seismic shot hole or information hole in Oregon or has not submitted plugging records from a previous seismic or information hole operation in the state of Oregon.
(7) If the department denies a permit application, the department shall notify the applicant in writing within thirty (30) days from the date of receipt of a completed application of the reasons for denial. Any person adversely affected by a decision of the department may appeal pursuant to OAR 632-015-0060.
(8) The department may temporarily suspend any seismic or information hole operation not in compliance with Oregon statutes, Oregon Administrative Rules, any applicable orders of the Board, or permit conditions.
(9) The department may revoke a permit if the department determines that any of the grounds for denying a permit now exist, as specified in section (6) 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.
(10) Seismic or information hole operations shall commence within one year from the date of issuance of the permit or such permit shall become invalid. The permit may be extended by the department 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 Ch. 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
632-015-020
Seismic Shot Hole Operations
(1) Seismic shot hole operations shall not be conducted within one-eighth (1/8) mile of any existing building, water well, flowing spring, stock water pipeline, sewer line, utility tunnel, water or gas line, unless an exception is granted by the department after the applicant demonstrates that the operation presents no significant danger.
(2) Seismic shot holes encountering ground water must be cased and cemented or backfilled to 10 feet above the ground water before explosives are used.
Stat. Auth.: ORS Ch. 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
632-015-0025
Bond Requirements
(1) Before a permit may be issued for seismic shot hole or information hole operations, the applicant shall file with and have approved by the department, a statewide bond, cash, or assignment of deposit, in the amount of $50,000. The bond shall be executed by such person authorized to do business in the State of Oregon if required by the Department of Commerce, as principal, and by a surety company authorized to do business in the State of Oregon, as surety, conditioned upon the faithful compliance by the principal with Oregon statutes, Oregon Administrative Rules, any applicable order of the board, and permit conditions.
(2) If the applicant has on file with the department an existing statewide blanket bond in the amount of $150,000 or more, the department may accept this in satisfaction of the requirements of section (1) of this rule.
(3) Any bond 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 depart-ment shall not consent to termination and cancellation of any bond until the well or wells covered by such bond have been properly abandoned, or another valid bond has been submitted and approved.
(4) For those applications concerning seismic or information holes on federal lands, the department may, in order to avoid duplication, waive the requirements of sections (1) and (2) of this rule if the applicant submits satisfactory proof of compliance with federal bond requirements, and if State regulatory concerns are addressed to the satisfaction of the department in the use and release of the federal bond.
(5) Following completion of operations, the permittee may request that the department release the bond. No bond shall 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 Ch. 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
632-015-030
Compliance with Law
The permittee for a seismic or information hole operation is responsible for conducting all operations in compliance with Oregon statutes, Oregon Administrative Rules, any applicable order of the Board, and permit conditions, and is subject to the penalties provided by Oregon statutes and these rules for failure to comply.
Stat. Auth.: ORS Ch. 520
Stats. Implemented: ORS 520.095
Hist.: GMI 2-1990, f. 8-9-90, cert. ef. 8-31-90
632-015-035
Notices
The permittee for seismic shot hole or information hole operations shall give the department a minimum of 24 hours advance notice of plugging operations.
Stat. Auth.: ORS Ch. 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
632-015-040
Plugging Requirements
The hole plugging requirements in this rule are for the protection of ground water in Oregon. The intent is to prevent hydraulic communication between aquifers, ground water pollution, and waste of ground water.
(1) All seismic shot holes and information holes shall be plugged and abandoned in a manner that prevents vertical movement of water in the hole. The minimum procedures and requirements in this rule apply unless they are not adequate to prevent vertical movement of water in the hole, in which case the permittee shall propose and receive authorization from the department for an alternate plugging and abandonment plan and shall comply with that plan.
(2) Cap leads shall be cut off below ground level following detonation of downhole charges.
(a) Except as provided in sections (4) and (8) of this rule, when water is used in conjunction with the drilling of a hole, but no ground water is encountered in the hole, the hole shall be filled with coarse ground bentonite and shall not be filled with cuttings or other solids;
(b) With the prior approval of the department, any other suitable plugging material commonly used in the oil and gas industry may be used to plug a hole, as long as it prevents the vertical movement of water in the hole.
(3)(a) When there are drilling fluids in the hole to be plugged, and no ground water is encountered in the hole, the hole shall be filled with coarse ground bentonite from the bottom up to a depth above the standing water level;
(b) A nonmetallic plug shall be set at a depth of three feet below ground surface;
(c) Cuttings shall be added from the top of the bentonite to the surface. Cuttings added above the nonmetallic plug shall be tamped.
(4) (a) When drilling with air only, or in dry holes where no ground water is encountered, a plugging may be accomplished by returning the cuttings to the hole, tamping the returned cuttings to three feet below the ground surface, and setting the nonmetallic plug topped with more cuttings and soil in the same manner as section (3) of this rule;
(b) A small mound shall be left over the hole for settling allowance.
(c) With the prior approval of the State Geologist, plugging material commonly used in the industry may be substituted if inadequate cuttings are available.
(5) Any hole shall be plugged and abandoned in accordance with these rules as soon as practical, and in any event shall not be left unplugged for greater than 30 days from the completion of operations without written approval of the State Geologist.
(6) (a) A dry seismic shot hole that does not encounter ground water and caves in after detonation of an explosive charge shall be abandoned by tamping the hole and placing a mound over the hole for settling as provided in section (4) of this rule;
(b) A seismic shot hole that encounters ground water and caves in after detonation of an explosive charge shall provide for the protection of ground water by reopening the hole and plugging with cement as provided in section (10) of this rule, and by placing a mound over the hole for settling as provided in section (4) of this rule.
(7) Any drilling fluid or cuttings which are deposited on the surface around the seismic hole or information hole shall be raked or otherwise spread so that the drilling fluid or cuttings do not exceed two inches of the pre-existing land surface, except for a small mound left for settling.
(8) (a) If ground water is encountered in the drilling of any hole, cement, as described in section (10) of this rule, shall be used to seal off the water flow to prevent cross-flow, erosion, waste, or contamination of ground water. The hole shall be cemented from the bottom to the top through tubing;
(b) If ground water flowing to the surface is encountered in a seismic hole, the hole shall be sealed from the bottom to a depth three feet (3 ft) from the ground surface with cement as described in section (10) of this rule. Bentonite as described in section (9) of this rule, shall be added to the top three feet of the hole.
(9) Bentonite materials used in plugging of a hole shall be high-swelling sodium bentonite. The bentonite shall be mixed, diluted, prepared and placed in the hole in a manner that prevents vertical cross-flow of water between aquifers in the hole. Intervals relying on bentonite for a seal shall not contain cuttings or other solids.
(10) When using cement grout as the sealing material in a hole, it shall meet the following requirements:
(a) Cement grout used to seal a hole shall be composed of a uniformly mixed slurry of Portland cement or High Early Strength Type III Portland cement, and potable water, or High-alumina cement, and potable water mixed in the following proportions (Type of cement - Gallons of Water per 94 pound sack of Dry Cement, respectively):
(A) Portland Cement - 4.5 to 6;
(B) High Early Strength Type III Portland Cement - 5.5 to 6.5;
(C) High-alumina Cement - 4.5 to 6.
(b) Additives to increase fluidity, reduce shrinkage, or control time of set may be used in a cement grout mixture. Expanding agents such as aluminum powder may be used at a rate not exceeding .075 ounce (one level teaspoon) per sack of dry cement. The powder shall not contain polishing agents. Bentonite clay may be added to a cement grout mixture, but shall not exceed five percent by weight of dry cement. Calcium chloride may be added to a Portland cement grout to accelerate the set but shall not exceed two pounds per sack of dry cement. High-alumina cement and Portland cement of any type shall not be mixed together for use in a hole;
(c) With prior written approval of the depart-ment, cement types other than those provided in these rules may be used as a sealing material in a well;
(d) In no case shall sand or aggregate be added to cement grout seal mixtures;
(e) Cement grout used as a sealing material shall 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 shall be withdrawn as the grout is placed.
Stat. Auth.: ORS Ch. 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
632-015-045
Conversion to Water Well
Landowners may convert the hole to a water well by filing an application and bond with, and securing approval from, the Oregon Department of Water Resources. Proper water well construction standards of the Oregon Department of Water Resources shall be met. The hole shall not be released by the Department from the requirements of ORS 520.005 to 520.991 until such conversion is accomplished.
Stat. Auth.: ORS Ch. 520
Stats. Implemented: ORS 520.095
Hist.: GMI 2-1990, f. 8-9-90, cert. ef. 8-31-90
632-015-050
Filing of Reports
(1) The permittee shall file drilling records with the department within thirty (30) days from the date of completion of abandonment of any well.
(2) The drilling records shall:
(a) Be in narrative form and shall include a map that shows the location and depth of each shot hole or information hole so that it can be located; and
(b) Indicate all work that has been performed in compliance with the permit issued for the seismic or information hole operation.
(3) The drilling records shall be kept confidential by the department for a period of two (2) years from the date of the completion of operations.
Stat. Auth.: ORS Ch. 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
632-015-055
Reclamation
(1) Reclamation of surface lands affected by these operations is intended to return the surface to pre-exploration condition and/or beneficial use.
(2) The operator shall provide sumps of adequate capacity and design to retain all fluid material during drilling and other operations.
(3) In no event shall the contents of a sump be allowed to:
(a) Significantly affect streams, artificial canals or waterways, ground water, lakes, or rivers.
(b) Adversely affect public health, safety or welfare, or the environment, including plants, fish, and wildlife.
(4) When no longer needed, fluid in sumps shall be disposed of in a manner approved by the Oregon Department of Environmental Quality and the sumps shall be filled and covered.
(5) The affected surface lands shall be restored to a pre-exploration and/or beneficial use acceptable to the department, after consultation with the surface owner. Reclamation activities may include, but shall not be limited to, replanting or reseeding of affected land for return to agricultural or forestry productivity.
Stat. Auth.: ORS Ch. 520
Stats. Implemented: ORS 520.095
Hist.: GMI 2-1990, f. 8-9-90, cert. ef. 8-31-90
632-015-060
Appeals
(1) Prior to the initiation of an appeal of any departmental order pursuant to ORS Chapter 520 or these rules, the applicant or permittee shall first request that the State Geologist informally review and resolve the matter. The State Geologist shall provide a written decision within seven (7) days of receipt of such a request. Thereafter, within thirty (30) days of the date of the State Geologist’s decision, the applicant or permittee may request a contested case hearing by the board.
(2) An applicant or permittee requesting a contested hearing shall state the reasons for requesting the hearing and the objections to the department’s order in accordance with ORS Chapter 183 and the Attorney General’s Model Rules of Procedure.
(3) The board shall hear the matter in accordance with ORS Chapter 520 and the Attorney General’s Model Rules of Procedure.
(4) Any person adversely affected by the board’s order may apply for a rehearing pursuant to ORS 520.135 or may obtain judicial review pursuant to ORS Chapter 183.
Stat. Auth.: ORS Ch. 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
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