Section 80. Application for a permit

Article 2. Permitting

A. Applicability.

1. Persons required in § 45.1-361.29 of the Code of Virginia to obtain a permit or permit modification shall apply to the division on the forms prescribed by the director. All lands on which gas, oil, or geophysical operations are to be conducted shall be included in a permit application.

2. In addition to specific requirements for variances in other sections of this chapter, any applicant for a variance shall, in writing, document the need for the variance and describe the alternate measures or practices to be used.

3. Prior to accepting an application for a permit to drill for gas or oil in Tidewater Virginia, the department shall convene a pre-application meeting within the locality where the operation is proposed. The pre-application meeting shall ensure those who desire to submit an application are aware of the requirements established in § 62.1-195.1 of the Code of Virginia and 9VAC15-20. The department, in conjunction with the Department of Environmental Quality, shall conduct the meeting. The meeting shall be open to the public, and the department shall notify the locality in which the meeting is to take place and adjacent localities. No application for a permit to drill for gas or oil in Tidewater Virginia shall be accepted until the meeting is completed.

B. The application for a permit shall, as applicable, be accompanied by the fee in accordance with § 45.1-361.29 of the Code of Virginia, the bond in accordance with § 45.1-361.31 of the Code of Virginia, and the fee for the Orphaned Well Fund in accordance with § 45.1-361.40 of the Code of Virginia.

C. Each application for a permit shall include information on all activities, including those involving associated facilities, to be conducted on the permitted site. This shall include the following:

1. The name and address of:

a. The gas, oil, or geophysical applicant;

b. The agent required to be designated under § 45.1-361.37 of the Code of Virginia; and

c. Each person whom the applicant must notify under § 45.1-361.30 of the Code of Virginia;

2. The certifications required in § 45.1-361.29 E of the Code of Virginia;

3. Certification from the applicant that the proposed operation complies with all applicable local land use ordinances;

4. The proof of notice to affected parties required in § 45.1-361.29 E of the Code of Virginia, which shall be:

a. A copy of a signed receipt or electronic return receipt of delivery of notice by certified mail;

b. A copy of a signed receipt acknowledging delivery of notice by hand; or

c. If all copies of receipt of delivery of notice by certified mail have not been signed and returned within 15 days of mailing, a copy of the mailing log or other proof of the date the notice was sent by certified mail, return receipt requested;

5. If the application is for a permit modification, proof of notice to affected parties, as specified in subdivision C 4 of this section;

6. Identification of the type of well or other gas, oil, or geophysical operation being proposed;

7. A list of ingredients anticipated to be used in any hydraulic fracturing operations. The applicant should identify any ingredients claimed to be trade secrets, and the department shall utilize the process described in 4VAC25-150-365 C to determine if the identified ingredients are entitled to trade secret protection;

8. The groundwater baseline sampling, analysis, and monitoring plan in accordance with 4VAC25-150-95;

9. The plat in accordance with 4VAC25-150-90;

10. The operations plan in accordance with 4VAC25-150-100;

11. The information required for operations involving hydrogen sulfide in accordance with 4VAC25-150-350;

12. The spill prevention, control, and countermeasure (SPCC) plan, if one is required;

13. The emergency response plan;

14. The Department of Mines, Minerals and Energy, Division of Mined Land Reclamation's permit number for any area included in a Division of Mined Land Reclamation permit on which a proposed gas, oil, or geophysical operation is to be located;

15. For an application for a conventional well, the information required in 4VAC25-150-500;

16. For an application for a coalbed methane gas well, the information required in 4VAC25-150-560;

17. For an application for a geophysical operation, the information required in 4VAC25-150-670; and

18. For an application for a permit to drill for gas or oil in Tidewater Virginia, the environmental impact assessment meeting the requirements of § 62.1-195.1 B of the Code of Virginia and 9VAC15-20.

D. All permit applications and plats submitted to the division shall be in electronic form or a format prescribed by the director.

Historical Notes

Derived from VR480-05-22.1 § 1.8, eff. September 25, 1991; amended, Volume 15, Issue 02, eff. November 11, 1998; Volume 29, Issue 03, eff. November 8, 2012; Volume 30, Issue 01, eff. October 10, 2013; Volume 33, Issue 07, eff. December 28, 2016.

Statutory Authority

§§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.