PURPOSE: This rule provides for information needed for the permitting of drilling of new wells or reworking existing wells and establishes procedures for the determination of their locations (distances from property lines, other producing wells, etc.), according to classifications of the well(s). It also establishes procedures to be followed by the state geologist in issuing or denying permits and legal recourse available to an applicant in case of denial. The rule further provides for the revocation of permits by the council after a hearing in the event that state laws or council rules have been violated, or if fraud, misrepresentation, etc., were used to initially obtain a permit.

1. (1) Prior to commencement of operations, application for a permit must be made with the state geologist on form OGC-3 or OGC- 3-I (for injection wells) as prescribed by the council. An organization report (form OGC- 1) and bond (form OGC-2) must be on file in the office of the state geologist or must accompany the application.

2. (2) An accurate well location survey must accompany the application. The plat shall show the distance from the two (2) nearest section lines to the well. The plat of survey shall show the distance of the well from the nearest lease line and from the nearest producing, drilling or abandoned well on the same lease. The geographic coordinates of the well shall be shown along with the method used to obtain the coordinates and statement of positional accuracy of the coordinates. The plat of survey shall be prepared by a Missouri professional land surveyor and shall meet the current “Minimum Standard Requirements for Property Boundary Surveys” defined in 10 CSR 30-2.010. Form OGC-4 or OGC-4-I, for injection wells, (see section (3)) must accompany the application. A confirmation well and/or additional development wells may be exempted from a minimum standards survey at the discretion of the council. A well location map, as here and after described, may be substituted in lieu of the previously mentioned plat of survey. The applicant shall provide a well location map and well reference sketch or the geographic position of the well prepared according to the specifications in 10 CSR 50-2.030(2)(A). The well location map shall be drawn to a scale of one inch (1") equals one hundred feet (100'), one inch (1") equals two hundred feet (200') or one inch (1") equals four hundred feet (400'). A copy of the current ownership map maintained by the county tax assessor shall be acceptable. The quarter-quarter section, governmental lot, or United States Survey, along with the governmental section, township and range shall be stated on the well location map. The location map shall show the approximate location of the well within the section or quarter section, the approximate distance to the nearest perceived lease line or perceived boundary line and the names of the owners of the property on which the well is located and all adjoining property owners. The well reference sketch shall show the location of the well and its relationship (bearing and distance preferred), where possible, to four (4) durable objects to provide a permanent location of the well. Durable objects include, but are not restricted to, house corners (fully describe), marks on concrete structures or pavement, marks on ledge or bedrock, trees and set monuments. The reference sketch shall show the approximate distance of the well from existing streets or perceived boundary lines shown on the location map. It shall also show the house number of any houses shown on the sketch along with all street names. Both the location map and the reference sketch shall show a north arrow and a scale. Form OGC-4 or OGC-4- I, for injection wells, (see section (3)) must accompany the application.

   1. (A) A well location map conforming to the scale and distance requirements specified in 10 CSR 50-2.030(2) along with the geographic position of the well may be used in lieu of a well reference sketch. The geographic coordinates shall be latitude and longitude based on the North American Datum of 1983 (NAD 83) and resolved, at a minimum, to the nearest one-tenth (.10) of a second: i.e., latitude 38° 42' 54.2" North, longitude 90° 37' 15.8" West. The coordinates shall have a minimum positional tolerance of three (3) meters. Any well that a minimum standards survey reveals not to meet the minimum distance requirements shall not be approved for completion or production.
3. (3) Upon application for an injection well, an accurate location plat (form OGC-4-I) must accompany the application. The plat shall be drawn neatly and to scale and shall show the distance of the well from the nearest lease line and from the two (2) nearest section lines to the well. If the well is drilled on acreage that has been pooled with other land, distance to nearest boundary of the pooled acreage must also be shown. The plat shall also show the area of review for the applicant well and all area of review wells of public record that penetrate the injection interval. Descriptions, of the area of review wells, that penetrate the injection interval shall be included on the back of the form OGC-4-I. These descriptions shall include lease name, well number, location, owner, depth, type (oil, gas, etc.), date spudded, date completed and construction of the wells. Each area of review well shall be uniquely marked or numbered.
4. (4) A neat, accurate schematic diagram of the applicant injection well(s) and relevant surface equipment shall be submitted on form OGC-11 before application will be processed. This schematic diagram shall include the following: configuration of well head; total depth and/or plug-back total depth; depth of all injection or disposal intervals and their formation names; lithology of all formations penetrated; depths of the tops and bottoms of all casing and tubing; size and grade of all casing and tubing; type and depth of packer; depth, location and type of all cement; depth of all perforations and squeeze jobs; and geologic name and depth to bottom of all underground sources of drinking water which may be affected by the injection.
5. (5) The applicant for an injection well(s) shall publish a notice of application in a newspaper of general circulation in the county in which the proposed injection well(s) will be located. The applicant shall submit a copy of the newspaper notice to the state geologist before the public hearing or administrative approval is granted. The notice shall include the name and address of applicant, location of proposed well(s), geologic name and depth of injection zone, a description of the need for the injection well(s) and the address of the office of the state geologist, where additional information may be obtained. There shall be a fifteen (15)-day written comment period (comments to be sent to the office of the state geologist). If within this period the state geologist determines that a significant degree of public interest is expressed, or other factors indicate the need for a public hearing, the state geologist may order a hearing. Public notice will be provided with a hearing date set for no sooner than thirty (30) days after the date of notice. If no public hearing is ordered, the application will be processed without further delay. A record will be kept of all written comments received and the responses to these comments.
6. (6) Upon application, the state geologist may waive the initial requirement for a minimum standards survey for noncommercial gas wells (wells drilled for the sole purpose of furnishing gas for private consumption by the owner and not for resale or trade). A permit application (OGC-3) shall include form which enables the state geologist to determine if minimum distance requirements to property or lease boundaries can be met before issuing a permit for drilling. If gas supplies are found to be present in sufficient quantities to be utilized, a minimum standards survey and plat of survey or a location map showing the geographic coordinates as described in 10 CSR 50-2.030(2)(A) and conforming to the scale, distance and format requirements specified in 10 CSR 50- 2.030(2) of this rule will then be required to ensure compliance with distance requirements before any production can be initiated. Any well, that a minimum standards survey reveals not to meet minimum distance requirements shall not be approved for completion or production of gas.
7. (7) An owner engaged in drilling development wells to depths no greater than eight hundred feet (800') may request that the state geologist approve prospective well locations on a blanket basis on a single lease. The request shall be accompanied by a plat of the entire lease, indicating the location of and identifying by number all wells which have been drilled or are proposed, using appropriate symbols to distinguish between them; the plat shall conform to the scale and distance requirements specified in section (2) of this rule. In the event the state geologist approves the blanket requests, the approved locations may be drilled in the owner’s order of preference, provided that a permit application (OGC-3) for each well commenced shall be sent to the state geologist within twenty-four
8. (24) hours after the commencement of drilling of each well.

9. (8) An owner, company, firm or corporation engaged in drilling small diameter (less than five inch (5")) drill holes and core holes for stratigraphic purposes and which will not be used for the actual recovery of hydrocarbons, upon written request to the state geologist, may be granted permission to file individual well permit applications (OGC-3) and location plats (OGC-4) not later than three (3) days after the well has been drilled, and further may obtain a waiver of spacing requirements in 10 CSR 50-2.070, provided that—

   1. (A) An organization report (OGC-1) has been properly executed and approved according to 10 CSR 50-2.010;
   2. (B) Bonding has been executed and approved according to 10 CSR 50-2.020; and
   3. (C) All other requirements in regard to drilling, plugging and abandonment are met.

10. (9) Upon application for a permit the state geologist shall review the application and, within fifteen (15) days, determine if the application is in proper form and if the requirements of the law and the rules are met. If the state geologist finds that the application is in good form and that the laws are being met s/he shall issue the permit. If s/he determines that either the application is not in proper form or that the law of the rules are not being met s/he shall deny the permit. If the state geologist finds that the drilling of a well at the proposed site would be an undue risk to the surface or subsurface environment, s/he shall deny the permit. If the state geologist determines that prior wells drilled by the operator have been abandoned and have not been plugged in an approved manner, s/he shall deny the permit.

    1. (A) Upon denial of a permit, the applicant may appeal within thirty (30) days of the notice of the denial to the state council and a hearing shall be held as provided by law.
    2. (B) After the hearing the council shall either issue the permit or deny the permit. If the council denies the permit an appeal may be taken to the circuit court as provided by law.
11. (10) Permits may be revoked by the council upon a finding after a hearing as provided by law that any provision of the law, rules or conditions of the permit have been violated or that any fraud, deceit or misrepresentation was made to obtain the approval of the permit. Appeals of any decision of the council may be taken as provided by law.
12. (11) Permits are not transferable to any other person, firm or corporation or to any other location.
13. (12) Unless operations to drill a single well are commenced within one hundred eighty
14. (180) days after date of approval, the approval to drill will become null and void.
15. (13) Before commencing drilling operations, a drilling contractor engaged by an owner or operator for the drilling of a well shall confirm that an approved drilling permit has been obtained by the owner or operator. The drilling contractor’s confirmation shall consist of the placement of his/her signature and date of signature, in ink, on the owner’s approved permit. A drilling contractor shall not commence drilling operations unless an approved permit to drill the well has been obtained by the owner or operator and confirmed by the drilling contractor’s signature.
16. (14) Prior to any substantial change or modification of the physical characteristics or method of operation of any well subject to these regulations, or change in the nature of wastes disposed of therein, the owner or operator of the facility shall submit a revised application form to the state geologist, identifying the well name, location, the proposed change and a full explanation of the nature of the change, to the state geologist. No modification or change in operation shall be commenced until the state geologist has reviewed and approved the written notification. The state geologist shall have a minimum of fifteen (15) days to respond to the notification and the fifteen (15)-day review period shall be suspended if additional information is necessary to effectively review the information. 10 CSR 50-2

The term “substantial change or modification” shall mean any change in operation which may affect an underground source of drinking water, or otherwise alter the operation of the well so that its operation is not consistent with the existing permit.

AUTHORITY: sections 259.060, 259.070, 259.080 and 259.140, RSMo 2000.* Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Dec. 12, 1975, effective Dec. 22, 1975. Amended: Filed Sept. 12, 1978, effective Feb. 1, 1979. Amended: Filed Oct. 14, 1981, effective Feb. 11, 1982. Amended: Filed Dec. 15, 1986, effective April 11, 1987. Amended: Filed Sept. 15, 2006, effective April 30, 2007. *Original authority: 259.060, RSMo 1965, amended 1972; 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995; 259.080, RSMo 1965, amended 1972; and 259.140, RSMo 1965.