R 299.2311 Application for permit to drill and operate general requirements; permits for existing unpermitted wells.

Rule 2311. (1) Except as provided in R 299.2337, a person seeking to drill a well for a use allowed by this part or to convert an existing well to a use allowed by this part shall submit an application to the supervisor of mineral wells before beginning the drilling and operation of a well or the conversion of an existing well. (2) A person shall comply with all of the following requirements: (a) A person applying to drill and operate a well shall accurately complete and fill out, sign, and file a written application for a permit to drill on a form prescribed by the supervisor of mineral wells. (b) A person applying to convert an existing well subject to another act or another part of the act to a use allowed by this part shall accurately complete and fill out, sign, and file a written application for a permit to drill or convert and operate on a form prescribed by the supervisor of mineral wells. (c) The application required by subdivision (a) or (b) of this subrule shall be submitted to the supervisor of mineral wells at the offices of the Michigan Department of Environmental Quality, Geological and Land Management Division, P.O. Box 30256, Lansing, Michigan 48909, and a copy of the first page of the permit application and cover letter shall be mailed to the clerk of the township and the surface owner of record of the land on which the well is to be located at the same time as submitting the permit application by first-class United States mail addressed to the surface owner's last known address as evidenced by the current property tax roll records. (d) The well location shall be surveyed by a surveyor licensed in this state, a readily visible stake or marker shall be set at the well location of a new well, and a flagged route shall be established to the well location of a new well except as provided in R 299.2316(b). For existing wells, if a survey is available which accurately depicts the well site and surrounding area, then a new survey is not required. (e) The survey required by subdivision (d) of this subrule shall include a plat that shows all of the following except as provided in R 299.2316(b): (i) The well location and bottom hole location description. (ii) A flagged route or explanation of how the well location may be reached. (iii) Footages from the nearest section lines, nearest quarter section, and nearest property lines. In areas where surveyed sections do not exist, distances from the nearest private claim lines or latitude and longitude of the well location. (iv) Information relative to the approximate distances and directions from the stake or marker to special hazards or conditions, including all of the following: (A) Surface waters and other environmentally sensitive areas within 1,320 feet of the proposed well. Environmentally sensitive areas are identified by the department pursuant to applicable state and federal laws and regulations. (B) Floodplains associated with surface waters within 1,320 feet of the proposed well. (C) Wetlands, as identified by sections 30301 to 30323 of the act, within 1,320 feet of the proposed well. (D) Natural rivers, as identified by sections 30501 to 30515 of the act, within 1,320 feet of the proposed well. (E) Critical dune areas, as designated by sections 35301 to 35326 of the act, within 1,320 feet of the proposed well. (F) Threatened or endangered species, as identified by sections 36501 to 36507 of the act, within 1,320 feet of the proposed well. (G) All buildings, recorded fresh water wells and reasonably identifiable fresh water wells used for human consumption, public roads, railroads, pipelines, and power lines or other man-made features that lie within 600 feet of the proposed well location, but not including proprietary information relating to manufacturing processes. (H) All public water supply wells identified as type I and IIa that lie within 2,000 feet of the proposed well location and type IIb and III that lie within 800 feet of the proposed well location, as defined in 1976 PA 399, MCL 325.1101 et seq. (I) Identification of the existing local zoning designation of the surface location of the well. (f) One signed and sealed copy of the survey, on a form prescribed by the supervisor of mineral wells, shall be filed with an application required in subdivision (a) or (b) of this subrule. (g) If the proposed well is located in or will impact any areas described in subdivision(e)(iv)(A) or (B) of this subrule, a person shall file for and obtain all applicable permits from the department before developing the well site or access to the well site or before drilling of the well. The person shall also file for and obtain any additional permits required before the installation of flow lines or production equipment or before operating the well. (h) A person shall file an environmental impact assessment on a form prescribed by the supervisor of mineral wells. (i) A person shall file an organization report if a current organization report is not on file with the supervisor of mineral wells. (j) A person shall file a conformance bond as provided by R 299.2330. (k) A person shall pay the fee as specified by statute. A fee filed with an application shall not be applied to a subsequent application. The fee shall be returned if a permit is not issued. (3) Except as provided in R 299.2337, within 1 year after the effective date of these rules, an owner of an existing well for which no permit has been issued shall submit an application for a permit to drill and operate as required in subrule (1) of this rule. (4) A permit to drill and operate does not transfer, assign, or convey any interest in real estate.