North Carolina Administrative Code

SUBCHAPTER 05C - GEOPHYSICAL EXPLORATION 15A NCAC 05C .0101 DEFINITIONS (a) "Department" means the North Carolina Department of Environmental Quality in Raleigh, North Carolina. (b) "Explorations" means geological, geophysical, and other surveys and investigations, including seis…

15A NCAC 05C .0102 SUPERVISION History Note: Authority G.S. 113-391; Eff. February 1, 1976; Readopted Eff. August 1, 1982; Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)); August 1, 1988; Expired Eff. June 1, 2024 pursuant to G.S. 150B-21.3A.

15A NCAC 05C .0103 CORRESPONDENCE Reports and correspondence by all parties in connection with this Subchapter shall be addressed to "North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, N.C. 27699-1612" unless parties subject to this Subchapter …

15A NCAC 05C .0104 SITE REGULATION The Secretary of the Department of Environmental Quality with the advice of the Director of the N.C. Wildlife Resources Commission and representatives of the U.S. Fish and Wildlife Service, shall designate the extent of how much exploration work…

15A NCAC 05C .0105 PERMIT REQUIRED A permit from the Department is required for all seismic exploration work in the area to which this Subchapter is applicable. No such seismic work shall be started without a permit and all such work shall be carried out in compliance with all ap…

15A NCAC 05C .0106 PERMIT APPLICATION Application for permits for geophysical exploration work shall be filed electronically or in paper form with the Department at least 30 business days before issuance of permits and shall be accompanied by a detailed map showing the exact area…

15A NCAC 05C .0107 PERMIT DURATION Permits are limited to a period of six months from the date of issuance, but may be renewed for not more than two additional 90-day periods at the discretion of the Department. The Department will consider factors including compliance with the o…

15A NCAC 05C .0108 GEOGRAPHIC LIMITS ON WORK A seismic exploration shall not be conducted outside of the permitted area. History Note: Authority G.S. 113-391; Eff. February 1, 1976; Readopted Eff. August 1, 1982; Readopted Eff. July 1, 2025.

15A NCAC 05C .0109 SEISMIC AGENTS Each seismic exploration crew working under a permit issued pursuant to this Subchapter shall always be accompanied by a seismic agent, unless a written exception has been granted by the Department. If a geophysical company employs more than one …

15A NCAC 05C .0110 DAILY REPORT REQUIRED The permittee shall file a daily report on exploration work with the Department at the end of each working day. A separate report shall be made and filed with the Department for each working day whether or not data acquisition is in progre…

15A NCAC 05C .0111 NOTIFICATION Permittees shall notify the Department electronically with verifying receipt at least two weeks in advance of the beginning of work, and shall give notice of interruption, and of cessation of work in any area. History Note: Authority G.S. 113-391; …

15A NCAC 05C .0112 SIZE OF EXPLOSIVE CHARGES Explosive charges in excess of 50 pounds of Trinitrotoluene (TNT) or its equivalent shall not be used except pursuant to written authorization from the Department. Requests shall be submitted with the permit application to the Departme…

15A NCAC 05C .0113 PLACING OF CHARGES The placing of explosive charges on the bottoms of the water at any area covered by a permit issued pursuant to this Subchapter is prohibited. No such charges should be detonated that are less than five feet to the bottom. No undetonated char…

15A NCAC 05C .0114 CURRITUCK SPECIAL History Note: Authority G.S. 113-391; Eff. February 1, 1976; Readopted Eff. August 1, 1982; Expired Eff. June 1, 2024 pursuant to G.S. 150B-21.3A.

15A NCAC 05C .0115 REMOVAL All pipe used in geophysical operations shall be removed by the permittee using such pipe to at least six feet below the bottom of the water body and in charted navigable channels, eight feet below charted dredge depth before leaving the location where …

15A NCAC 05C .0116 IDENTIFICATION All permittees using pipe shall have stamped at each end of each joint the name or abbreviation of the name of the permittee. History Note: Authority G.S. 113-391; Eff. February 1, 1976; Readopted Eff. August 1, 1982; Readopted Eff. July 1, 2025.

15A NCAC 05C .0117 PIPES AND BUOYS All pipes, buoys, and other markers used in connection with seismic work shall be flagged in the daytime and lighted at night according to the navigation rules of the U.S. Army Corps of Engineers and the U.S. Coast Guard. History Note: Authority…

15A NCAC 05C .0118 EXPLOSIVES No explosives shall be discharged within 1,000 feet of a boat operating in the water without notice being given to such boat so that it may move from the area. History Note: Authority G.S. 113-391; Eff. February 1, 1976; Readopted Eff. August 1, 1982…

15A NCAC 05C .0119 SHOOTING (a) No shot shall be allowed except in daylight hours. Shot is defined in 15A NCAC 05C .0101(i). (b) No shot shall be allowed in heavy fog. (c) The permittee shall stop gas and water spouts caused by drilling or shooting operations of seismic crews as …

15A NCAC 05C .0120 MINIMUM DEPTHS (a) Minimum required depths of explosive charges detonated in holes below the bottom water within the jurisdiction of this State shall be as follows: (1) five pounds or less of trinitrotoluene (TNT) or its equivalent; 20 feet below the bottom, (2…

15A NCAC 05C .0121 DETAILED PROVISIONS (a) When more than one shot is fired in the same hole, the permittee shall measure the minimum required depths of the hole, as defined in 15A NCAC 05C .0120(a), after every shot is fired. (b) All surveying hub stakes used for survey lines sh…

15A NCAC 05C .0122 FEES History Note: Authority G.S. 113-391; Eff. February 1, 1976; Readopted Eff. August 1, 1982; Repealed Eff. August 1, 1988.

15A NCAC 05C .0123 POWERS OF SEISMIC AGENTS The seismic agent has the authority to stop any particular shooting if it will violate the rules in this Subchapter, but does not have the authority to shut down the entire exploration work allowed by the associated permit. If the rules…

15A NCAC 05C .0124 DUTIES OF PARTY CHIEF (a) The party chief shall provide the Department's representative or his or her agent with transportation facilities for inspection of the working area, if required. (b) The party chief is required to notify the Department if the seismic a…

15A NCAC 05C .0125 RELEASE FROM THESE REGULATIONS No seismic agent shall have the authority to release any operator from the obligations imposed by this Subchapter. Permittees may request an exception to these Rules in writing by setting forth reasons for the request. Exceptions …

15A NCAC 05C .0126 DUTIES OF OPERATORS All permittees conducting seismic operations shall use precaution in accordance with approved and accepted methods to prevent destruction of, or injury to, fish, oysters, shrimp, and other aquatic life, wildlife, or other natural resources. …

SUBCHAPTER 05D - OIL AND GAS CONSERVATION 15A NCAC 05D .0101 GENERAL PROVISIONS History Note: Authority G.S. 113-391; Eff. February 1, 1976; Amended Eff. October 1, 1984; January 31, 1979; Repealed Eff. March 17, 2015.

15A NCAC 05D .0102 PENALTIES History Note: Authority G.S. 113-391; Eff. February 1, 1976; Repealed Eff. August 1, 1988.

SUBCHAPTER 05F - CIVIL PENALTIES 15A NCAC 05F .0101 PURPOSE AND SCOPE These Rules set forth the procedures and standards to be followed by the director in assessing civil penalties and by the Mining and Energy Commission in hearing appeals from the assessment of such penalties. H…

15A NCAC 05F .0102 DEFINITIONS History Note: Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10; Eff. May 1, 1982; Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(d)); Expired Eff. March 1, 2024 pursuant to G.S. 150B-21.3A.

15A NCAC 05F .0103 WHO MAY ASSESS Civil penalties may be assessed by the director. History Note: Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10; Eff. May 1, 1982.

15A NCAC 05F .0104 WHEN ASSESSABLE History Note: Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10; Eff. May 1, 1982; Repealed Eff. November 1, 1984.

15A NCAC 05F .0105 CIVIL PENALTY FOR MINING WITHOUT A PERMIT (a) Prior to the assessment of any civil penalty for mining without a permit, the alleged violator shall be given notice by registered or certified mail, return receipt requested, signed by the regional engineer in the …

15A NCAC 05F .0106 CIVIL PENALTY FOR VIOLATING OPERATING PERMIT (a) Prior to the assessment of a civil penalty against a permitted operator for violating any provisions of the Mining Act of 1971, or any rules promulgated thereunder, or any conditions of his mining permit, the all…

15A NCAC 05F .0107 CRITERIA FOR DETERMINING AMOUNT OF PENALTY History Note: Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10; Eff. May 1, 1982; Expired Eff. March 1, 2024 pursuant to G.S. 150B-21.3A.

15A NCAC 05F .0108 ADMINISTRATIVE REMEDIES Within 60 days after receipt of notification of any civil penalty assessment, the person against whom the civil penalty is assessed may contest the decision of the department by filing a petition as described in G.S. 74-61 and G.S. 150B-…

15A NCAC 05F .0109 HEARING PROCEDURES History Note: Authority G.S. 74-61; 74-62; 74-63; 143B-10; 150B-23; Eff. May 1, 1982; Amended Eff. August 1, 2012 (see S.L 2012-143, s.1. (d)); August 1, 1988; Expired Eff. March 1, 2024 pursuant to G.S. 150B-21.3A.

15A NCAC 05F .0110 TENDERS OF PAYMENT History Note: Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10; Eff. May 1, 1982; Expired Eff. March 1, 2024 pursuant to G.S. 150B-21.3A.

15A NCAC 05F .0111 REFERRAL TO ATTORNEY GENERAL (a) If the person against whom a civil penalty is assessed, fails to respond within 60 days as provided in Rule .0008, the director shall refer the matter to the Attorney General to recover the amount of the civil penalty. (b) If pa…

15A NCAC 05F .0112 FURTHER REMEDIES No provision of this Subchapter shall be construed to restrict or impair the right of the director or the Mining and Energy Commission to pursue any other remedy provided by law for violations of the Mining Act of 1971 or the rules of this Chap…

SUBCHAPTER 5G - URANIUM EXPLORATION REGULATIONS 15A NCAC 05G .0101 PURPOSE History Note: Authority G.S. 143B-290(1)(e); 74-75 through 74-89; Eff. December 1, 1983; Repealed Eff. August 1, 1988.

15A NCAC 05G .0102 ACTIVITIES REQUIRING PERMITS History Note: Authority G.S. 74-76; 74-77; Eff. December 1, 1983; Repealed Eff. November 1, 1984.

15A NCAC 05G .0103 PROCEDURES FOR OBTAINING PERMITS The application for and issuance of exploration permits is governed by the procedures in this Subchapter. History Note: Authority G.S. 74-77 through 74-89; Eff. December 1, 1983.

15A NCAC 05G .0104 ABANDONMENT PLAN: BONDING REQUIREMENTS (a) After reviewing an application, the department shall determine whether it should be approved and notify the applicant of its determination. No application shall be approved unless it contains an abandonment plan accept…

15A NCAC 05G .0105 DRILLING: CASING: TESTING AND ABANDONMENT The methods and procedures utilized in drilling, casing, testing and abandonment shall be in accordance with the requirements of Title 15A NCAC Subchapter 2C, Section .0100, Criteria and Standards Applicable to Water Su…

subchapter 05h – oil and gas conservation section .0100 – terms of reference 15A NCAC 05H .0101 PURPOSE AND SCOPE The rules of this Subchapter regulate the management of oil or gas exploration and development to protect public health, welfare, and the environment. History Note: A…

15A NCAC 05H .0102 TERMS OF REFERENCE AND DEFINITIONS The terms as used in this Subchapter shall have the definitions as specified in G.S. 113-389. In addition, the following terms shall have the following meaning: (1) "7Q10," when used in reference to surface water, refers to th…

section .0200 – administrative rules 15A NCAC 05H .0201 FORMS (a) An applicant or permittee shall use the following forms, as provided by the Department: (1) Form 1 – Financial Responsibility Ownership; (2) Form 2 – Oil or Gas Well Permit Application; (3) Form 3 – Well Constructi…

15A NCAC 05H .0202 Record Keeping & Reporting (a) The Department shall collect data, retain records, and produce reports pursuant to G.S. 113-391(b). (b) If information collected during predrilling exploration activities or geophysical surveys related to oil or gas exploration an…

15A NCAC 05H .0203 INSPECTIONS (a) Each permittee shall make available to the Department for inspection the well site, any other area encompassed by the permit, and any records maintained pursuant to the provisions of this Subchapter. (b) Authorized representatives of the Departm…