N.D. Admin. Code 43-02-02-12
A permit shall be required prior to commencement of operations for the exploration or evaluation of subsurface minerals. The application for a permit to drill (form 1-sm) shall be filed with the director, together with a permit fee of one hundred dollars. In extenuating circumstances, verbal approval may be given for site preparation by the director. No drilling activity shall commence until such application is approved and a permit to drill is issued by the director. The application must be accompanied by the bond pursuant to section 43-02-02-11 or the applicant must have previously filed such bond with the commission, otherwise the application is incomplete. An incomplete application received by the commission has no standing and will not be deemed filed until it is complete.
A permit shall be required for each deep well not included in an approved mining plan.
A permit shall be required for each testhole drilling program exploring for subsurface minerals. The area to be explored shall be outlined on the application and the permit shall be valid in the area so outlined.
The application for permit to drill shall be accompanied by an accurate plat certified by a registered surveyor showing the location of the proposed well with reference to true north and the nearest lines of a governmental section. The plat shall also include latitude and longitude of the proposed well location to the nearest tenth of a second. Information to be included in such application shall be the proposed depth to which the well will be drilled; estimated depth to the top of important markers; estimated depth to the top of objective horizons; the proposed mud program; the proposed casing program, including size and weight; the depth at which each casing string is to be set; the proposed pad layout, including cut and fill diagrams; and the proposed amount of cement to be used, including the estimated top of the cement.
Prior to the commencement of recompletion operations or drilling horizontally, an application for permit shall be filed with the director. Included in such application shall be the notice of intention (form 4-sm) to reenter a well by drilling horizontally, deepening, or plugging back to any source of supply other than the producing horizon in an existing well. Such notice shall include the name and file number and exact location of the well, the approximate date operations will begin, the proposed procedure, the estimated completed total depth, the anticipated hydrogen sulfide content in produced gas from the proposed source of supply, the weight and grade of all casing currently installed in the well unless waived by the director, the casing program to be followed, and the original total depth with a permit fee of fifty dollars. The director may deny any application if it is determined, in accordance with the latest version of ANSI/NACE MR0175/ISO 15156, that the casing currently installed in the well would be subject to sulfide stress cracking.
The applicant shall provide any additional information requested by the director, in addition to that specifically required by this section. The director may impose such terms and conditions on the permits issued under this section as the state geologist deems necessary.
The director shall deny an application for a permit under this section if the proposal would violate correlative rights or would cause, or tend to cause, waste. The director shall state in writing to the applicant the reason for the denial of the permit. The applicant may appeal the decision of the director to the commission.
A permit to drill automatically expires one year after the date it was issued, unless the well is drilling or has been drilled before surface casing. A permit to recomplete or to drill horizontally automatically expires one year after the date it was issued, unless such project has commenced.
N.D. Admin Code 43-02-02-12
General Authority: NDCC 38-12-03
Law Implemented: NDCC 38-12-03