Or. Admin. Code § 141-070-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-070-0110 - Surface Entry Permit

When the State owns the surface as well as the oil and gas rights, no road construction, site preparation or drilling for oil or gas shall take place on the surface of the leased premises prior to the issuance of a surface entry permit. When the state owns oil and gas rights but not surface, the lessee must pursue obtaining surface entry in the manner provided by law for exercising access to severed estate mineral rights. The Division may issue a surface entry permit upon receipt and approval of the following:

(1) An Operations Plan as required by the Department of Geology and Mineral Industries in conjunction with obtaining a drilling permit.

(2) A payment, production and performance bond or bonds in the amount stipulated in the lease agreement in addition to any performance bond that may be required by the Department of Geology and Mineral Industries in connection with issuance of an oil and gas drilling permit.

(3) A certificate of insurance for not less than $1,000,000 combined single limit per occurrence showing that the lessee is insured for personal injury, property damage to third persons and liability under the terms of the lease agreement. The insurance amount shall be for each occurrence and shall name the State of Oregon as an additional insured.

(4) An Environmental Impact Assessment completed by the lessee on a form provided by the Division. The environmental assessment shall include but will not be limited to adverse effects on the human and natural resources of the area, including scenic, recreational, public health, and plant and animal resources. It will also require a description of procedures the lessee will take to mitigate said impacts. The approval or disapproval of the Environmental Impact Assessment will be determined by the Division within 90 days of receipt of the completed form.

(5) Permits as required by governmental bodies.

(6) A designated agent, if lessee is a nonresident. Lessee shall designate, in writing, an Oregon resident as a designated agent upon whom may be served written notices or orders respecting the lease agreement.

(7) Operator. Any operator appointed by the lessee shall be jointly responsible for the faithful performance of all covenants and obligations of the lease.

Or. Admin. Code § 141-070-0110

LB 3-1988, f. & cert. ef. 9-19-88

Stat. Auth.: ORS 273

Stats. Implemented: ORS 273 .780 - ORS 273 .790