N.M. Admin. Code § 19.2.100.67 - SURFACE RECLAMATION ON STATE OIL AND GAS LEASES
A. Purpose and application of
19.2.100.67 NMAC:
(1) The purpose of
19.2.100.67 NMAC is to establish
minimum procedures to follow in reclaiming surface disturbances resulting from
development and production on state oil and gas leases, the surface of which is
held in trust by the commissioner of public lands.
(2)19.2.100.67 NMAC applies to areas
disturbed by operations conducted under all existing and future leases.
However, current lessees will not be held responsible for reclaiming areas
disturbed under a lease which has previously expired or been terminated and for
which the current lessee is not a successor-in-interest. Also, a prudent
operator standard will be applied to the reclamation of other conditions
existing on the effective date of this rule. In this regard, lessees are
expected to comply with all requirements concerning removal of debris and
improvements; however, specific requirements relating to ripping and reseeding
will be developed by consultation and planning between the lessee and the state
land office, using accepted industry standards such as those established by the
bureau of land management.
B. Definitions, as used in
19.2.100.67 NMAC:
(1) "temporary abandonment" occurs if a well
is no longer usable for beneficial purposes; has been continuously inactive for
more than one year; and has been approved for temporary abandonment by the oil
conservation division.
(2)
"permanent abandonment" occurs if a well is no longer usable for beneficial
purposes; has been continuously inactive for more than one year; and has not
been approved for temporary abandonment by the oil conservation
division.
C. Reclamation
requirements:
(1) Surface sites and off-lease
storage areas:
(a) Surface sites and
off-lease storage areas, upon temporary or permanent abandonment, shall be
cleared of junk and debris and, if necessary, be bermed or water-barred in
order to stabilize the site and prevent erosion. Within one year of permanent
abandonment, the sites and areas shall be ripped through to the underlying
material and reseeded.
(b) Where
available, topsoil removed from surface sites shall be stored for use in future
reclamation of the site. Pads, within one year of permanent abandonment, shall
have all caliche ripped through to the underlying material, any remaining
stored topsoil replaced and the site reseeded.
(2) Roads: Roads shall be left in place only
if authorized by the state land office. If any road is not needed, then, within
one year of permanent abandonment, it shall be ripped, reseeded, bermed
(closed) at the entrance, and water bars shall be constructed as directed or
approved by the state land office. 19.2.20 NMAC shall be followed for specifics
relating to road construction, maintenance and reclamation.
(3) Spills and leaks: Within one year of
permanent abandonment, all surface affected by spills and leaks shall be
reclaimed. Reclamation of the area involved shall be implemented in
consultation with the state land office.
(4) Pits (operating/drilling and other):
(a) All pits, within one year of permanent
abandonment or within a reasonable time of nonuse, shall be dried and leveled
to restore as much of the original contour as is practical to minimize erosion.
The pits shall be reseeded as required by this Section.
(b) All lining materials (plastics or
otherwise) shall be removed from the surrounding area, cut off and permanently
buried below the surface or removed from the area.
(5) Pipelines:
(a) Buried pipelines may be left in place and
the surface ripped, water-barred and reseeded according to the specifics of the
site.
(b) Within one year of
permanent abandonment, surface lines shall be removed and the surface reclaimed
as specified in Subparagraph (a) of Paragraph (5) of Subsection C of
19.2.100.67 NMAC.
(6) Debris: All oil and gas lease
related surface trash and debris shall be removed upon temporary or permanent
abandonment or disposed of in the manner permitted in
19.2.100.66 NMAC. As used in
19.2.100.67 NMAC, "surface trash
and debris" means all nonoperational and nonessential equipment resulting from
the drilling and producing operation of oil and gas leases and includes, but is
not limited to, garbage, rubbish, junk or scrap.
(7) Revegetation:
(a) For all reseeding required by this
Section, the state land office will approve seeding rates and seed mixtures, or
approve site-specific recommendations. When possible, the state land office
will recommend such approved rates and mixtures, but will not require seed
varieties in its mixtures which are not in common use in the area.
(b) All required reseeding shall be planned
and completed with a goal of revegetation consistent with local natural
vegetation density. After a failed attempt to revegetate an area, a second
reseeding may be required by the state land office, but in no event shall such
second reseeding be required more than two years after the initial
one.
(8) Lessee's
Improvements: The lessee or operator shall remove all improvements placed or
erected on the premises within 60 days after the expiration or termination of
an oil and gas lease. Any improvements remaining at the end of such 60-day
period shall be deemed abandoned for the purposes of Sections
19-7-14 and
19-10-28 NMSA 1978 and no payments
shall be due for such remaining improvements pursuant to those
Sections.
D. Release upon
permanent abandonment and grant of access: Upon state land office approval and
release, a lessee's reclamation responsibilities are terminated. The state land
office shall issue a reclamation permit for access to complete reclamation
after expiration or termination of an oil and gas lease. The reclamation permit
shall be a standard form developed after consultation with interested industry
groups.
E. Closeout and operation
plan:
(1) A reclamation or operation plan may
be submitted to the state land office for review. If approved, the plan shall
substitute for the reclamation and operation requirements of this Section and
19.2.100.66 NMAC.
(2) The plan shall consist of reclamation and
operation specifics for compliance with the regulations concerning reclamation
and operations, with an additional section that sets out the schedule of
implementation on a continuing basis during the life of the lease relative to
operation, maintenance, spills, leaks, cleanup and reseeding.
F. Exemptions and appeal procedure:
(1) The commissioner, or the commissioner's
qualified designated representative, may grant an exemption to any or all of
the requirements of
19.2.100.67 NMAC when a lessee
provides a state land office approved reclamation or operation plan, or
demonstrates that compliance would be impracticable or has occurred naturally.
Any such exemption granted shall be in writing addressed to the lessee or
operator requesting the exemption.
(2) Any lessee or operator aggrieved or
adversely affected by a determination or interpretation of the state land
office under
19.2.100.67 NMAC may, within 60
days of the receipt of such determination or interpretation, request a hearing
before the commissioner of public lands. Within 30 days after receiving such a
request, the commissioner shall convene a hearing at which the lessee or
operator and the commissioner's staff may present evidence. Within 15 days of
the hearing, the commissioner shall enter the commissioner's decision on the
matter. Any decision of the commissioner may be appealed pursuant to Section
19-10-23 NMSA 1978.
G. Temporary provision - phase-in:
Lessees or operators of leases which contain conditions existing on the
effective date of
19.2.100.67 NMAC, otherwise
requiring immediate reclamation under
19.2.100.67 NMAC, shall have five
years to complete reclamation of such conditions if they demonstrate steady
progress toward such completion pursuant to an approved reclamation plan or the
requirements of
19.2.100.67 NMAC.
Notes
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