Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 349.015, 349.115, 353.550, 353.590,
353.737
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.590(6) authorizes
the department to promulgate administrative regulations concerning the
preparation and filing of reports and plats. KRS 349.015 requires a plat to be
filed with the department before a permit can be issued for a coal bed methane
well. This administrative regulation establishes requirements for uniformity
and clarity in well locations and identity.
Section
1. Applicability. This administrative regulation shall apply only
to the oil- and gas-producing industry and shall not apply to transmission and
distribution systems or to product storage facilities.
Section 2. General Information.
(1) Location plats for wells proposed to be
drilled pursuant to the provisions of KRS Chapter 353 or KRS Chapter 349 and
the as-drilled location plat to be submitted after a well is drilled shall be
prepared and certified in accordance with KRS 353.590(6).
(2) If the location of the well is known to
be underlain by coal bearing stratum, the location plat for the well proposed
to be drilled shall be:
(a) Prepared in
accordance with KRS 353.737; and
(b) Certified by an engineer, as defined by
KRS 322.010(2), registered in Kentucky.
(3) If any plat submitted by an applicant is
determined to be materially inaccurate or incomplete, the department shall
require that a new plat be prepared and submitted.
Section 3. Waiver.
(1) A person shall not drill a well for oil,
gas, or coal bed methane within 150 feet, measured horizontally, from the
surface location of the well bore to any occupied building, unless:
(a) A waiver of objection to the drilling is
obtained in accordance with this section; or
(b) The department, after notice and a
hearing, determines that the drilling and production of the well is not
violative of the public policy set out in KRS 353.500 or 349.005.
(2) The surveyor preparing the
plat for a permit shall indicate the location of a proposed well site relative
to all buildings within 150 feet of the well site.
(3) If an owner of a building located within
150 feet of a proposed well site waives objection to locating a well closer
than 150 feet to the building, then a copy of the executed agreement of waiver
shall accompany the application for permit.
(4) A waiver shall not be transferable unless
it contains an express provision that it is transferable.
Section 4.
(1) A separate location plat shall be
submitted with each application to drill, deepen, or reopen a well.
(2) To ensure the division has accurate
information regarding the location of a well drilled through a workable coal
bed, a plat with the as-drilled location and elevation of the well shall be
submitted to the division pursuant to KRS 353.737 in addition to the well
location plat submitted to drill a proposed well.
(3) For coal bed methane wells, a copy of the
plat shall be attached to the Application for Permit, OG-1, incorporated by
reference in 805 KAR 1:010, and submitted to the relevant parties pursuant to
KRS 349.015(2), (3), (4), or (7).
Section 5. Plat Preparation. Location plats
for wells proposed to be drilled pursuant to the provisions of KRS Chapter 353
or KRS Chapter 349 shall be prepared as established in subsections (1) through
(6) of this section.
(1) All plats shall be
clearly legible and submitted on a sheet eight and one-half (8 1/2) by fourteen
(14) inches. This sheet may be:
(a) Bond
paper;
(b) Tracing cloth;
or
(c) Tracing paper.
(2) The well location plat shall:
(a) Show the location of the proposed well
relative to the two (2) nearest boundaries of oil and gas ownership, including
any subdivision of the lease;
(b)
Indicate all producing wells and permitted well sites within 1,000 feet of the
proposed well site or sites within 1,500 feet for a coal bed methane well;
and
(c) Clearly display all
distances in feet.
(3)
The location of the proposed well shall be shown on the plat, by bearing and
distance, relative to two (2) permanent points or monuments that appear on the
applicable USGS seven and one half (7 1/2) minute; topographic quadrangle map,
which permanent points or monuments include, for example, road intersections,
bench marks, and buildings. A photocopy of a portion of the topographic
quadrangle map showing the proposed well site shall be acceptable in lieu of
identifying the points or monuments on the plat.
(4) The location of the well site shall be
prepared with reference to either the Carter coordinate system, latitude and
longitude, or the Kentucky coordinate system.
(5) The elevation of the well site shall be
determined by instrument and calculation. Estimated topographic elevations
shall not be acceptable.
(6) The
plat shall be prepared to a scale of one (1) inch equals 100, 200, 300, 400,
500, 600, or 800 feet.
Section
6. As-Drilled Plat Location. Location plats for as-drilled wells
shall be prepared as established in subsections (1) through (7) of this
section.
(1) All plats shall be clearly
legible and submitted on a sheet eight and one-half (8 1/2) by fourteen (14)
inches. This sheet may be:
(a) Bond
paper;
(b) Tracing cloth;
or
(c) Tracing paper.
(2) The well location plat shall:
(a) Show the location of the as-drilled well
relative to the two (2) nearest boundaries of oil and gas ownership, including
any subdivision of the lease;
(b)
Identify all producing wells and permitted well sites within 1,000 feet of the
as-drilled well site or sites within 1,500 feet for a coal bed methane well;
and
(c) Clearly display all
distances in feet.
(3)
The as-drilled well location plat shall provide coordinates in feet, using the
"NAD 83", with "Single Zone Projection" as the terms are defined by KRS 353.010.
(4) The location of the
as-drilled well shall be shown on the as-drilled well location plat, by bearing
and distance, relative to two (2) permanent points or monuments that appear on
the applicable USGS seven and one-half (7 1/2) minute; topographic quadrangle
map, which permanent points or monuments include, for example, road
intersections, bench marks, and buildings. A photocopy of a portion of the
topographic quadrangle map showing the proposed well site shall be acceptable
in lieu of identifying the points or monuments on the plat.
(5) In addition to the requirements of
subsection (3) of this section, the location of the well site shall be prepared
with reference to either the Carter coordinate system, latitude and longitude,
or the Kentucky coordinate system.
(6) The elevation of the well site shall be
determined by instrument and calculation. Estimated topographic elevations
shall not be acceptable.
(7) The
plat shall be prepared to a scale of one (1) inch equals 100, 200, 300, 400,
500, 600, or 800 feet.
Section
7. Additional Requirements. In addition to the data required in
Section 5 of this administrative regulation, well location plats shall include
the:
(1) Operator;
(2) Farm or lease name;
(3) Well number;
(4) County;
(5) Scale at which the plat is
drawn;
(6) North
direction;
(8)
Date of preparation of plat;
(9)
Name of the topographic quadrangle map on which the well site may be
located;
(10) Owners, lessors and
lessees of oil and gas on tracts that are offset by the proposed
well;
(11) Certification in the
following form: "I hereby certify that the above plat is accurate and correct
and satisfies the requirements of 805 KAR 1:030 to the best of my knowledge and
belief"; and
(12) Certification,
which shall be followed by the written signature of the person preparing the
plat, the preparer's mailing address, registration number, and telephone
number.
STATUTORY AUTHORITY: KRS 349.015, 353.540, 353.550,
353.590(6)