Exploration permit

A permit is required prior to commencement of operations for the drilling, boring, excavating, testing, and either land-based or airborne geophysical surveying for the purpose of exploring for a high-level radioactive waste facility. It is unlawful to proceed with these activities without first obtaining an exploration permit from the commission. The application for a permit to drill must be filed with the director, together with a permit fee to be determined by the state geologist based upon the cost for the commission to review, investigate, and process the application. The permit application must be accompanied by a notice of opportunity for a position paper, from the commissioners of the county where the proposed exploration drilling will take place. No activity may commence until such application is approved and a permit to explore is issued by the commission. The application must be accompanied by the bond pursuant to section 43-02-13-11 or the applicant previously must have filed such bond with the commission, otherwise the application is incomplete. An incomplete application received by the commission has no standing and will not be deemed filed until it is complete. A permit is required for each test well or each method of exploration. The area to be explored must be outlined on the application and the permit shall be valid in the area so outlined. The application for permit to drill must be accompanied by an accurate plat certified by a registered surveyor showing the location of the proposed well with reference to true north and the nearest lines of a governmental section. The plat also must include latitude and longitude of the proposed test well location to the nearest tenth of a second. Information to be included in such application must be the proposed depth to which the test well will be drilled; estimated depth to the top of important stratigraphic markers; estimated depth to the top of objective horizons; the proposed mud program; the proposed casing program, including size and weight; the depth at which each casing string is to be set; the proposed pad layout, including cut and fill diagrams; and the proposed amount of cement to be used, including the estimated top of the cement, the proposed procedure, and the estimated completed total depth. The drilling, testing, and plugging of exploratory test wells must comply with all applicable rules in section 43-02-03. The exploration permit is in effect for one year.