Current through Register Vol. 42, No. 5, February 29, 2024
(1) Purpose.
(a) The purpose of this regulation is to
prevent the destruction of, or injury to State-owned lands, including the beds
of navigable waters, under the jurisdiction of the Department of Conservation
and Natural Resources; to protect wildlife and other natural resources on such
lands; and to prescribe policies, procedures, and requirements for conducting
geological and geophysical activities on State-owned lands. These activities
may occur on unleased lands or on lands under lease to a third party.
Activities are limited to geological and geophysical exploration for mineral
resources whether involving the use of explosives or not, on such
lands.
(b) No exploration
activities shall be commenced upon State lands under the jurisdiction of the
Department of Conservation and Natural Resources, without the written approval
of the Commissioner.
(2)
Definitions.
(a) When used in this regulation,
the following terms shall have the indicated meanings:
1. "Commissioner" means the commissioner of
the Department of Conservation and Natural Resources of the State of Alabama or
a subordinate authorized to act on the Commissioner's behalf.
2. "Department" means the Department of
Conservation and Natural Resources of the State of Alabama.
3. "Director" means the director of the
Department's State Lands Division.
4. "Exploration" means the process of
searching for minerals, including but not limited to geophysical surveys, where
magnetic, gravity, seismic or other systems are used to detect or imply the
presence of minerals.
5.
"Geophysical Exploration for Mineral Resources" means any operation conducted
upon lands owned by the State of Alabama and under the jurisdiction of the
Department of Conservation and Natural Resources, which utilizes geophysical
techniques, including, but not limited to gravity, magnetic, and various
seismic methods, to produce information and data in support of possible
exploration and development activity.
6. "Lease" means any form of authorization of
exploration, development and production of minerals from lands owned by the
State of Alabama and under the jurisdiction of the Department.
7. "Lessee" means the party authorized by a
lease, or an approved assignment thereof, to explore for, develop, and produce
the leased mineral deposits in accordance with the terms thereof.
8. "Minerals" includes oil, gas, sulfur,
geopressured-geothermal and associated resources, and all other minerals which
may be produced from lands owned by the State of Alabama and subject to the
jurisdiction of the Department.
9.
"Permit" means the contract or agreement, other than a lease, approved for a
specified period of not more than 120 days under which a permittee acquires the
right to conduct geological or geophysical exploration for mineral
resources.
10. "Permittee" means
the person authorized by a permit issued pursuant to this regulation.
11. "State Representative" means an employee
of the Department or other person as approved by the Commissioner.
12. "Violation" means a failure to comply
with any provision of this regulation or any order issued in connection
therewith.
(3) General Requirements of Notices and
Permits.
(a) Geophysical exploration for
mineral resources shall be conducted so that those activities do not:
1. interfere with or endanger operations
under any lease.
2. cause harm or
damage to aquatic life;
3. cause
pollution;
4. create hazardous or
unsafe conditions;
5. unreasonably
interfere with or harm other uses of the area; or
6. disturb cultural resources.
(b) Any person conducting
geological or geophysical activities for mineral exploration pursuant hereto
shall immediately report to the Director when these activities:
1. encounter environmental hazards which
constitute an eminent threat to human activity; or
2. adversely affect the environment, aquatic
life, cultural resources, or other uses of the area in which the exploration
activity is conducted.
(4) Geological and Geophysical Activities
Requiring Permits. Geological and geophysical exploration for mineral resources
may not be commenced nor conducted upon State lands under the jurisdiction of
the Department without an approved permit.
(5) Application for Permits.
(a) Applications for permits to conduct
geological or geophysical exploration for mineral resources shall be submitted
in a form and manner prescribed and approved by the Director. Each application
for a permit shall include:
1. the name of the
principal for whom the exploration company will conduct the geophysical
exploration;
2. the name of the
party chief and the name of the exploration company who will participate in the
proposed exploration;
3. the type
of exploration and the manner in which the activity will be
conducted;
4. the legal description
of the property upon which exploration is to be conducted, together with the
approximate acreage thereof;
5. the
dates on which the exploration is proposed to be commenced and
completed;
6. a detailed map, in
duplicate, reflecting the exact area in which the exploration activity is to be
conducted; and
7. such other
relevant information and data as the Director may require.
(b) Applications shall confine the desired
exploration area within one township, or, if the area involves submerged lands
in the coastal area of Alabama south of U.S. Highway 90 (Battleship Parkway),
to one offshore tract. If the desired acreage extends into another township or
tract, a separate application must be submitted.
(c) Each application for a permit must be
filed with the State Lands Division of the Department and accompanied by an
application fee, payable to the "Director, State Lands Division" in an amount
computed from the following schedule:
CATEGORY RATE
Administrative fee $100 (all applications)
Non-explosive $400 per tract or fraction thereof
Dynamite or other explosive agent (except "mini-hole") $100 per
shot ($400 minimum)
Mini-hole program $500 per mile or fraction
thereof
(d) A lessee shall be
exempt from payment of the application fee, but shall otherwise comply with the
provisions of this regulation.
(6) Inspection and Observation of Exploration
Activities.
(a) Each permittee conducting
exploration activities on State lands subject to the jurisdiction of the
Department shall be accompanied by a State representative unless an exception
has been granted by the Commissioner. A permittee, upon request by the
Director, shall provide to the State representative, transportation to
facilitate inspection and observation of exploration activities. The State
representative shall observe or inspect operations conducted pursuant to the
permit and determine whether operations are being conducted in accordance with
the provisions thereof. When a permittee employs more than one shooting
component and activities are at such a distance apart that it is impossible for
the State representative to travel from one component to the other in time to
observe the shots of such units, an additional State representative, or State
representatives may be required and assigned to each shooting component. A
State representative may be required to be present at all times if exploratory
activities consist of shooting operations in environmentally sensitive
areas.
(b) The State representative
assigned to a permittee shall be under the supervision of the Division of the
Department to which the State representative is regularly assigned.
(c) The State representative, supervisor and
the Director, on request shall have access to all records, such as shot point
location maps, shooters logs and tracings, but only to the extent necessary to
determine compliance with the provisions of this regulation.
(d) The permittee party chief shall assist
the State representative in completing any required forms or reports by
furnishing all necessary data and shall familiarize members of the exploration
party with the provisions of this regulation and the duty and authority of the
State representative in connection with inspection and observation of
exploration activities.
(7) Inspection Fees. Each permittee shall
submit payment upon a calendar monthly basis an inspection fee for furnishing
State representatives assigned to the permittee conducting exploration
activities on State lands. The inspection fee shall be assessed at the rate of
$160 per day for the actual duration of exploration activities. Payments shall
be made by the permittee directly to the Department division to which the State
representative is regularly assigned, such funds to be deposited to the credit
of the subject division.
(8) Use of
Explosives in Connection with Exploration Activities.
(a) No explosives shall be discharged within
1,000 feet of any habitation or within 300 feet of any highway without the
written permission of the Commissioner.
(b) Charges in excess of fifty (50) pounds on
land or twenty (20) pounds on State water bottoms shall not be used except
pursuant to express written authorization by the Commissioner. Requests for the
use of such charges shall be made in writing, justifying the reason for the use
of such charges and giving the proposed size of charges to be used and the
depth at which they are to be suspended or buried. Should multiple charges be
used, the total amount of explosives shall not exceed twenty (20) pounds per
hole without express written permission from the Commissioner.
(c) Minimum required depths of charges in all
water areas shall be as follows for shots detonated in holes:
CHARGE DEPTH
5 lbs or less 50 feet
6 to 10 lbs. 75 feet
11 to 20 lbs. 100 feet
No part of the charge shall be above the minimum required
depth.
(d) Except during
inclement weather conditions, capped explosives shall not be left in shot holes
for periods exceeding two (2) days unless a crew member is stationed within the
immediate work area.
(e) The
placing of explosive charges on all water bottoms is prohibited.
(f) When more than one shot is fired in the
same hole, the State representative may require redetermination of the legal
depth of the hole after the shot is fired before reloading to assure compliance
with the requirements reflected in the table of charges and depths.
(g) All pipe used in geophysical operations
must be removed to at least six (6) feet below the bottom in water areas before
finally abandoning the shot point. No pipes shall remain in the water during
crew off days except as otherwise provided herein.
(h) All parties using pipe in water areas
must have clearly stamped at each end of each joint, the name or abbreviation
of the name, of the company using the pipe.
(i) All pipes, buoys and other markers used
in connection with exploration activities in water areas shall be flagged
properly during daylight hours. Flagging shall be clearly visible from the
adjacent buoy or marker. During the hours of darkness, pipes, buoys and other
markers shall be lighted in accordance with U.S. Coast Guard navigation
rules.
(j) No explosives shall be
discharged within 250 feet of any oyster reef or bed.
(k) No explosives in suspended charges shall
be discharged within 1,000 feet of any boat other than that of the permittee
without first having given notice to such other boat and providing a reasonable
opportunity for it to move from the area.
(1)
Primacord may not be used in the salt and brackish waters of the State of
Alabama.
(m) No shooting
will be allowed in heavy fog due to danger to boats in close
proximity.
(n) No shooting will be
allowed except in daylight hours in order to facilitate inspection by the State
representative, except pursuant to written exception of the
Commissioner.
(o) Air gun arrays
shall not exceed a total of 1,500 cubic inches or 2000 pounds per square inch
in inshore waters except pursuant to express written authorization by the
Commissioner. Requests for exception shall be made in writing, justifying the
reason for such exception and giving the proposed configuration.
(9) Resource Protection.
(a) Boats, marsh buggies or other types of
marsh vehicles used in connection with exploration activities must be so used
as to cause minimum disturbance or injury to the lands, water bottoms and
wildlife and fisheries thereon.
(b)
Permittees conducting seismic operations shall use reasonable precaution in
accordance with approved and accepted methods to prevent destruction of, or
injury to, fish, oysters, shrimp and other aquatic life, wildlife or other
natural resources of the State.
(c)
No geophysical exploration activity shall be conducted in any wildlife refuge,
waterfowl refuge, game preserve, fish preserve or hatchery or oyster seed
ground reservation without written permission from the agency in charge of such
refuge, preserve, hatchery or reservation. No geophysical exploration activity
shall be conducted in inshore waters during the first two weeks immediately
following the opening of the summer shrimping season. All buoys, cable markers,
and other such materials shall be removed from the water prior to the opening
day of such season.
(10)
Equipment Identification. All markers used for land based survey lines must be
stamped clearly with the name of the company using the stakes at approximately
3-foot intervals. All stakes must be removed upon completion of exploration on
the prospect.
(11) Progress Report
on Activities Conducted Under a Permit. Each permittee shall notify the State
representative of the beginning, interruption or cessation of work and shall
keep the State representative informed of the name and address of the party
chief and location and movements of permittee's exploratory crew.
(12) Suspension and Cancellation of Authority
to Conduct Activities Under Permit.
(a) The
Commissioner may suspend or temporarily prohibit the permittee's authority to
conduct exploration activities under a permit by notifying the permittee either
orally or in writing when the Commissioner determines that there is a threat of
serious, irreparable or immediate harm or damage to life, including fish and
other aquatic life, to property, to any mineral deposits (in areas leased or
not leased), or to the marine, coastal, or human environment. Such suspension
shall be effective immediately upon receipt of the notice. Suspensions issued
orally shall be followed by written notice confirming the action, and all
written notices will be sent by certified mail. Suspension shall remain in
effect until the basis for the suspension has been corrected to the
satisfaction of the Commissioner.
(b) Either the Commissioner, the Director or
the State Representative may suspend or temporarily prohibit the permittee's
authority to conduct exploration under a permit either orally or in writing
when such individual determines the permittee fails to comply with the
provisions of the permit or of these regulations, or otherwise damage State
lands. Such suspension shall be effective immediately upon receipt of the
notice. Suspensions issued orally shall be followed by written notice
confirming the action and all written notices shall be sent by certified mail.
A suspension shall remain in effect until the basis for the suspension has been
corrected to the satisfaction of the Commissioner.
(c) The Commissioner may cancel, or a
permittee may relinquish, a permit to conduct exploration activities at any
time by sending a notice of cancellation or a notice of relinquishment. Such
notices shall state the reason for the cancellation or relinquishment and shall
be sent by certified mail to the other party at least five (5) days in advance
of the effective date.
(13) Exceptions.
(a) Exceptions to the provisions of this
regulation may be granted only by the Commissioner upon written application
therefor setting forth detailed reasons for the requested exception. Any
exception shall be reflected in writing which specifically designates the
particular area or rule affected, details the exception, and specifies the
procedure to be followed in lieu of the established regulation.
(b) No State representative shall have the
authority to release any permittee from any obligation imposed by this
regulation.
(14) Permit
Assignment. No transfer or assignment of any geophysical exploration permit
issued pursuant to the provisions hereof shall be valid unless approved in
writing by the Commissioner.
(15)
Indemnification of the State of Alabama. In obtaining a permit to conduct
geophysical exploration activities pursuant to the terms hereof, the permittee,
by acceptance of such permit specifically agrees to indemnify the State for any
and all damages which may occur as a result of such exploration activities on
State lands and which arise or are caused by the permittee's activities.
Permittee further agrees to save and hold the State harmless from any and all
damages or actions for damages which may occur or arise from permittee's
activities while on State land.
(16) Interpretation of Regulation and
Appeals. The interpretation of these rules and regulations by the Director or
Supervisor of the State representative shall be accepted by the permittee;
provided, however, the permittee shall have the right to make a written appeal
to the Commissioner on any interpretation thereof. In the event such an appeal
is filed, the Commissioner shall render a decision thereon within five (5) days
after receipt of the written appeal. At the discretion of the Commissioner, all
interested parties may be required to submit written arguments or in the
alternative a hearing may be scheduled with all interested parties being
present. In the event of a hearing, the Commissioner may appoint an official of
the Department to conduct the hearing in his absence.
(17) Penalty.
(a) Violation of the provisions of this
regulation or the refusal of any permittee to comply fully with all orders and
requirements which may be made by the Department at the time exploration
activities are conducted, or any attempt to unduly influence any State
representative to abstain from the enforcement of this regulation shall
constitute cause for terminating all seismic operations of permittee upon State
lands and may result in the permittee's party chief, party manager or field
manager being barred from conducting future exploration activities on state
Lands.
(b) The penalties prescribed
in this paragraph entitled "Penalty" shall be in addition to those penalties
afforded by any other law or regulation.
(18) Conflicting Provisions Repealed and
Specific Repeal of 82-SL-1 (Previous Version of 220-4-.01 ). All previous
geophysical exploration regulations or parts thereof in conflict with this
regulation, as well as 82-SL-1 (previous version of 220-4-.01 ), are hereby
expressly repealed.
(19) Effective
Date. This regulation shall become effective on the 36th day after filing with
the Legislative Reference Service.
Author: James D.
Martin
Statutory Authority:
Code of Ala.
1975, §
9-2-12.
PENALTY: As provided by law and as provided
herein.
Ed. Note: Previous Rule 220-4-.01 entitled
"Seismic Permits" repealed in its entirety and new Rule 220-4-.01 entitled
"Geophysical Exploration of State of Alabama Lands" adopted in lieu thereof.
Filed April 5, 1990.
