055-4 Wyo. Code R. §§ 4-6 - Geophysical/Seismic Operations

(a) General. Before a geophysical/seismic company conducts operations, the representative shall give notice to an occupant of every inhabited dwelling within a one-mile (1) radius of each shot point. Such notice shall be given in writing or by in-person contact. The notice shall tell the occupant of the nature and approximate time period of the seismic activity.

(b) A representative of the client company and the geophysical/seismic company shall meet with the staff of the Commission at the office of the State Oil and Gas Supervisor to file an application for a permit to conduct seismic operations before beginning seismic operations in the State of Wyoming. No seismic operation shall be conducted without such a permit and no permit shall be issued until the applicant has demonstrated compliance with the requirements of the Split Estates Act, if the application is subject to the Split Estates Act, as contained within Chapter 3, Section 8(d) of these rules. The Supervisor has discretion to waive the requirement of the pre-permit meeting. The permit for seismic operations may be revoked, suspended, or the application for the permit denied by the Commission or Supervisor for failure to comply with the Commission's rules, statutes, and orders of the Supervisor or Commission. The Supervisor may revoke, suspend, or deny the application for a seismic permit without a hearing, provided that the geophysical/seismic company shall be given an opportunity for a hearing at the next regularly scheduled Commission meeting. The fact a permit is revoked or suspended does not excuse the geophysical/seismic company, any independent hole pluggers, or client company from properly plugging existing seismic holes, but does prohibit them from drilling any more.

(c) Prior to commencement of drilling, a meeting shall be held between the Commission staff and field representatives from the geophysical/seismic company, every driller, every designated hole plugger, and a representative of the client company. Time and location of the meeting shall be at the discretion of the Commission's staff. The Supervisor has discretion to waive the requirement for the pre-drilling meeting.

(d) Seismic holes shall be re-entered only in compliance with the regulations of the Wyoming Occupational Health and Safety Commission and other applicable law.

(e) Unnecessary surface disturbance created by movement of equipment on water saturated or wet soils is prohibited. Once equipment tracks become on average four (4) to six (6) inches or greater in depth in wet or muddy conditions, operations must cease in the wet or muddy area(s). Operations may continue in dry areas of the project area. For just cause, the Supervisor or his duly appointed agent may waive this requirement.

(f) Permitting. Before beginning geophysical operations, the geophysical/seismic company shall file an application for a permit for seismic operation (Form 15) with the Commission. This application shall also contain a verified statement (Form 1A) that said company has complied with the requirements of the Split Estates Act, if applicable.

(g) The application for a permit for seismic operations (Form 15) must include the following information, as appropriate:

(i) The approximate number, depth, and location of the seismic holes and the size of the explosive charges;

(ii) The name, permanent address of the client company, and a phone number and name of a local representative of the client company the Commission may contact about the seismic operation;

(iii) The name, permanent address, and phone number of the geophysical/seismic company and its local representative whom the Commission can contact about the seismic activity;

(iv) The name, phone number, and permanent address of the hole-plugging contractor, if different from the geophysical/seismic company;

(v) A detailed description of the hole plugging procedures;

(vi) The anticipated starting date of seismic and plugging operations;

(vii) The anticipated completion date of seismic and plugging operations;

(viii) A description of the identifying mark that will be on the non-metallic plug to be used in the plugging of the seismic hole;

(ix) The application shall be accompanied by a Bureau of Land Management Surface-Minerals Management 7.5 Minute Quad map with a scale of one inch (1") to twenty-four thousand feet (24,000') that shows the proposed location of the lines or grid.

(h) Bonding. Before conducting geophysical/seismic operations, either directly or indirectly under contract, the client company must file and have approved by the Commission a surety bond in the amount of fifty thousand dollars ($50,000.00) except where a client company has filed an approved bond in accordance with Chapter 3, Section 4 of these rules. The condition of such bond shall comply with the Wyoming Conservation Act, the rules and orders of the Commission, and orders of the Supervisor and/or his duly authorized representatives. The obligation of the bond shall not be discharged until the client company has complied with the Wyoming Conservation Act, the Commission's rules, and the orders of the Commission and Supervisor and/or his duly authorized representatives. Upon verified application, or for just cause, the Supervisor may waive, modify, or increase this bonding requirement for the client company.

(i) Before beginning geophysical operations, the geophysical/seismic company must file and have approved by the Commission a bond in the amount of fifty thousand dollars ($50,000.00). The condition of such bond shall comply with the Wyoming Conservation Act, the rules and orders of the Commission, and orders of the Supervisor and/or his duly authorized representatives. The obligation of the bond shall not be discharged until the geophysical/seismic company has complied with the Wyoming Conservation Act, the Commission's rules, and the orders of the Commission and Supervisor and/or his duly authorized representatives. Upon verified application, or for just cause, the Supervisor may waive, modify, or increase this bonding requirement for geophysical/seismic companies.

(j) Persons or other entities that are contracted to plug seismic holes and are not employees of the geophysical/seismic company shall have posted with the Commission a surety bond in favor of the Commission. Said bond shall be on a form prescribed by the Commission and in the amount of ten thousand dollars ($10,000.00). The condition of such bond shall comply with the Wyoming Conservation Act, the regulations of this Commission, the orders of this Commission, the State Oil and Gas Supervisor, and/or his duly authorized representatives. The obligation of the bond shall not be discharged until the independent hole pluggers have complied with the Wyoming Conservation Act, the Commission's rules, and the orders of the Commission and Supervisor and/or his duly authorized representatives. Upon verified application, or for just cause, the Supervisor may waive, modify, or increase this bonding requirement for the independent hole pluggers.

(k) The client company shall be held responsible along with the geophysical/ seismic company and any independent hole pluggers for conducting the operation in compliance with the Commission's rules and orders, the Supervisor's orders, and the Wyoming Conservation Act, and are subject to the penalties provided by the Wyoming Conservation Act for the failure to comply with such rules, statutes, and orders. Bonds will be attached in the following order:

(i) For failure to comply with the Wyoming Conservation Act, the Commission's rules, and the orders of the Commission and Supervisor and/or his duly authorized representative governing the proper plugging of holes or other resource damage directly resulting from that activity, the independent hole plugger;

(ii) For failure to comply with the Wyoming Conservation Act, the Commission's rules, and the orders of the Commission and Supervisor and/or his duly authorized representative governing all geophysical/seismic operations, the geophysical/seismic company; and,

(iii) For failure to comply with the Wyoming Conservation Act, the Commission's rules, and the orders of the Commission and Supervisor and/or his duly authorized representative governing all geophysical/seismic operations, the client company.

(l) Client companies will be notified, in writing, when geophysical/seismic companies' and independent hole pluggers' activities have been determined to be in compliance and bonding liability discharged. The client company's bond will be discharged simultaneously with discharge of the geophysical/seismic company's bond.

(m) Reports. Upon completion of seismic shot hole activity or at thirty (30) day intervals after the work has commenced, whichever occurs first, the geophysical/seismic company shall file with the Commission a report of the completion or progress of the seismic project. The final completion report must include a statement that all work has been performed in compliance with the application for a permit to perform seismic activity and permit provisions and specific conditions of approval, if any. Said report shall be in affidavit form as provided on Form 15A. This final filing shall include a 7.5-minute United States Geological Survey topographic quadrangle map and the location of each shot hole so that the shot holes can be easily located. Upon completion of geophysical activity other than shot hole operations, the geophysical/seismic company shall provide the Commission with verbal or written notice of such completion of the permitted project.

(n) Said maps, applications, and reports shall be kept confidential by the Commission for a period of five (5) years from the date of receipt, subject to the needs of the Commission to use them to enforce these regulations, the Wyoming Conservation Act, and the orders of the Commission or Supervisor. The Commission staff may advise the affected surface owner of seismic lines and the exploration method used.

(o) Fresh water flows detected during drilling including seismic, core, or other exploratory holes shall be recorded on Form 19 and reported to the Commission on the next business day. Information contained on the form shall describe the depth at which the sand was encountered, the thickness and the rate of water flow, if known.

(p) Geophysical/seismic companies shall give the Commission at least twenty-four (24) hours advance notice of shot hole plugging operations, provided that notice of plugging operations planned for Sunday or Monday may be given on the previous Friday.

(q) Plugging. Bentonite materials used in seismic hole plugging shall be derived from naturally occurring untreated, high swelling sodium bentonite which consists principally of the mineral montmorillonite. Numerical values for physical requirements, a list of equipment and material for testing, testing procedures and recommended guidelines are all found in Appendix H of the Commission's Rules and Regulations. Care shall be taken by the seismic company to ensure bentonite chip placement avoids bridging during placement. The Supervisor may require drill-out, use of alternative materials, or hole abandonment.

(i) The non-metallic plug used in the plugging of seismic holes shall be imprinted with the name of the geophysical/seismic company responsible for the plugging of the hole. Initials or other identifying marks may be imprinted on the plug with the Supervisor's approval.

(ii) Unless the geophysical/seismic company can prove to the satisfaction of the Supervisor that another method will provide better protection to groundwater and long-term land stability, seismic shot hole operations shall be conducted in the following manner:

(A) Seismic shot hole operations will not be conducted within one-quarter (1/4) mile of any building or water well designated for use as a domestic, stock watering, irrigation or municipal well. The provisions of this subsection may be modified by a written agreement between the geophysical/seismic company and the surface owner.

(B) Vibroseis seismic operations will not be conducted within three hundred (300) feet of any building or water well designated for use as a domestic, stock water, irrigation or municipal well. The provisions of this subsection may be modified by a written agreement between the geophysical/seismic company and the surface owner. The Supervisor may approve a different setback distance for vibroseis only, if Peak Particle Velocity (PPV) studies are conducted simultaneously to establish the safety of a nearer offset distance.

(iii) Except as provided in subsection (xi), when water is used in conjunction with the drilling of seismic shot holes or when water is encountered in the hole, seismic holes are to be filled with coarse ground bentonite which meets the specifications of the Commission's guideline, Appendix H. Cuttings not added to the hole are to be disposed of in accordance with subsection (r)(iii), Reclamation, of this section. Any other suitable plugging material commonly used in the industry may be substituted, as long as it meets the criteria in Appendix H to these rules, upon approval of the State Oil and Gas Supervisor.

(iv) The hole will be filled with the coarse ground bentonite from the top of the explosive charge up to a depth above the final water level except where the final water level will be within three feet (3') of the surface. No bentonite shall be placed within three feet (3') of the surface. Cuttings shall be added from the top of the bentonite to the surface. A non-metallic plug of appropriate size will be set at a depth of three feet (3') below surface. Cuttings added above the non-metallic plug shall be tamped.

(v) When drilling with air only, and in completely dry holes, plugging may be accomplished by returning the cuttings to the hole, tamping the returned cuttings to the above-referenced depth of three feet (3'), and setting the non-metallic plug topped with more cuttings and soil as per subsection (v). Digging a second hole to fill the shot hole above the non-metallic plug, and scraping the surface top soil to fill the shot hole are prohibited. Scraping the surface to acquire cuttings to fill the shot hole is allowed. A small mound will be left over the hole for settling allowance.

(vi) All shot holes must be plugged on the same day they are drilled and loaded. No shot holes may be left unplugged overnight.

(vii) The hole shall not be plugged until cap leads have been tested. In the case of bad caps or lead wires, no more than one-half (1/2) charge shall be lowered and tested. The hole shall be plugged in accordance with this section and then detonation shall occur before or during recording stages. Holes that fail to detonate shall be marked as per subsection (r)(vi) of this section.

(viii) If the number of seismic drilling units proposed for a project exceed the Commission's capacity to provide appropriate inspection oversight, the Commission staff reserves the right to limit the number of drilling units to six (6), unless at the Supervisor's discretion, the seismic contractor provides additional independent supervision.

(ix) There should be a hole plugger for every drill, so that the holes can be plugged immediately after the explosive charge is loaded. Variances to this rule may be approved on a case-by-case basis by the Supervisor.

(x) If artesian flow (water flowing at the surface) is encountered in the drilling of any seismic hole, coarse ground bentonite certified in accordance with the Commission's guidelines, as found in Appendix H of these rules, will be used to seal off the water flow thereby preventing cross-flow, erosion, and/or contamination of fresh water supplies. Said holes shall be plugged immediately. Cement may be substituted for bentonite with the permission of the Supervisor. No bentonite capsules/tubes shall be used for flowing holes; use a reverse auger to push chips down or other Supervisor-approved method. No flowing shot hole shall ever be loaded with explosive charges.

(xi) Landowners may assume liability for seismic holes that are capable of conversion to water wells by sending a letter assuming such liability to the Wyoming Oil and Gas Conservation Commission and filing an application for appropriation of underground water with the State Engineer's Office.

(r) Seismic Reclamation.

(i) Site reclamation must be initiated within one (1) year of completion of record or bond forfeiture will be initiated as provided under Chapter 3, Section 7 of these rules. For just cause, additional time may be granted on application to the Supervisor.

(ii) The existing cap leads will be cut off below ground level.

(iii) Any drilling fluid or cuttings which are deposited on the surface around the seismic hole will be raked or otherwise spread out to at least within one inch (1") of the surface, such that growth of the natural grasses or foliage will not be impaired.

(iv) All trash, including lathes, flagging, magnets, drilling and plugging materials must be picked up during or following recording.

(v) All blowouts, rifled out, or surface-damaged shot holes must be repaired immediately during or following the recording state.

(vi) Any hole that has been loaded and plugged with a charge that has bad caps or leads must be dug down to the non-metallic plug at three feet (3'). One inch (1") rebar material approximately three feet (3') in length must be placed in the hole. The Supervisor may require alternative methods to the rebar to ensure whipstock out of the original hole if seismic hole was ever to be re-entered. The hole must be filled with cement dyed orange in order that it might be recognized as having an undetonated charge in it. The Commission, Bureau of Land Management, landowner/grazing lessee and One Call of Wyoming must be notified and provided the GPS coordinates and the latitude and longitude of the hole.

Notes

055-4 Wyo. Code R. §§ 4-6

Amended, Eff. 6/3/2015.