Section 43-02-07.1-14 - Facility permitBefore any person begins any site preparation for the construction of a deep-well geothermal facility, the person shall file an application for a facility permit on a form approved by the commission with the director, together with a permit fee. The amount of the permit fee to be determined by the state geologist based upon the cost for the commission to review, investigate, and process the application. The department could take up to one hundred eighty days to review the permit application. No drilling activity may commence until such application is approved and a facility permit is issued by the director. The application must be accompanied by the bond pursuant to section 43-02-07.1-12 or the applicant previously must have filed such bond with the commission, otherwise the application is incomplete. An incomplete application received by the commission has no standing and may not be deemed filed until it is complete.
Before any person begins any well-site preparation for the drilling of any well other than surveying and staking, the person shall file an application for a permit to drill on a form approved by the commission with the director, together with a permit fee of one hundred dollars. Verbal approval may be given for site preparation by the director in extenuating circumstances. No drilling activity may commence until such application is approved and a permit to drill is issued by the director. The application must be accompanied by the bond or the applicant previously must have filed such bond with the commission, otherwise the application is incomplete. An incomplete application received by the commission has no standing and may not be deemed filed until it is completed.
A permit is required for each facility. The facility permit application must include:
1. A description of the facility to be permitted. The facility area must be outlined on the application and the permit must be valid in the area so outlined. The application for a facility permit must be accompanied by an accurate plat certified by a registered surveyor showing the location of the proposed facility and wells with reference to true north and the nearest lines of a governmental section, the latitude and longitude of the proposed well locations to the nearest tenth of a second, the ground elevation, and the proposed road access to the nearest existing public road.2. A description of the proposed geothermal production and injection (disposal) formations that includes the following: a. Regional and site-specific geology pertaining to the geothermal operation.b. A discussion of the geothermal regime and geothermal gradient of the production formation.c. A discussion of the bounding formations of the disposal formation that includes continuity and thickness, lithology, integrity, and containment features.d. Reservoir hydrogeology of the proposed production and disposal formations.3. A description of the chemical and physical properties of the geothermal production and disposal formation waters that includes:a. Water quality (density, chemical constituents, total dissolved solids, and other relevant data).b. A discussion of the compatibility of the disposal fluids with the disposal formation.4. The proposed depth to which the deep geothermal and injection wells will be drilled; estimated depth to the top of important stratigraphic 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, the proposed procedure, and the estimated completed total depth. The drilling, testing, disposal, and plugging of deep geothermal and injection wells will comply with all applicable rules in 43-02-03.5. A detailed description of the mechanical construction and operating procedures of the facility.6. A justification of the need for the facility to be permitted, including economic impact.7. A detailed discussion and description of a monitoring system to be used to ascertain the integrity of the facility and to ensure compliance with this chapter.8. A detailed discussion and description of a reclamation program for the restoration of the surface as nearly as possible to its original condition and productivity upon expiration of the permit or termination of any activities regulated by this chapter.9. Architectural plans for all buildings and infrastructure within the facility boundaries.10. Any other information required by the commission. The commission shall review the facility permit at least once every five years to determine whether it should be amended, modified, or revoked.
N.D. Admin Code 43-02-07.1-14
Adopted by Administrative Rules Supplement 2020-378, October 2020, effective 10/1/2020.General Authority: NDCC 38-19-04
Law Implemented: NDCC 38-19-04