Permit Conditions: Notification & Signage Requirements - NYS Dept. of Environmental Conservation

Department of Environmental Conservation

D E C banner

Permit Conditions: Notification & Signage Requirements

The requirements below represent typical permit conditions that are attached to each ECL Article 23 Permit to Drill to ensure that the Division of Mineral Resources is notified of drilling status and progress, and to ensure that each well is appropriately identified with adequate signage.

EACH PERMITTEE MUST:

  1. Prior to the start of any operation:
    1. Give notice by certified mail to:
      1. Any local government affected by the permitted operation (County, Town, City officials); and
      2. Any surface landowner affected by the permitted operation.
    2. Notify the appropriate Regional Mineral Resources Office (24-hour minimum required) of:
      1. Well name and number;
      2. API number;
      3. Date the well will be spud or date of commencement of other permitted operation;
      4. Name of the drilling contractor; and
      5. Rig number.
    3. Re-notify (24-hour minimum required) the appropriate Regional Mineral Resources Office when:
      1. Drilling equipment is moved onto a location that has been previously "top-holed."
    4. Conspicuously place a weatherproof sign where the principal lease road enters the lease.
      1. The sign must be displayed and maintained during all operations from construction of the access road, drilling and completion, through plugging and abandonment;
      2. The sign must be legible and of sufficient size to accommodate the required information described in this condition; and
      3. At a minimum, the sign must show the name of the lease owner or operator, the name of the lease and the lease location as to township and an emergency contact telephone number.
  2. During permitted operations:
    1. Post and display in a prominent place all permits and associated conditions such that they are clearly visible and legible at all times;
    2. If any archeological or structural remains are encountered during site construction operations, the permittee must immediately cease, or cause to cease, all work and notify the appropriate Regional Mineral Resources office. Work shall not resume until written permission to do so has been received from the Department; and
    3. Notify the appropriate Regional Mineral Resources office of all primary cementing operations on surface casing and intermediate casing, if any, at least _____hours prior to commencement in order to facilitate witnessing of cementing operations.
  3. When drilling, including any permitted deepening, has reached total depth:
    1. Notify (within 24-hours) the appropriate Regional Mineral Resources Office of:
      1. Well name and number;
      2. API Number;
      3. Date drilling ended;
      4. Name of drilling contractor;
      5. True Vertical Depth (TVD); and
      6. True Measured Depth (TMD).
  4. Within thirty (30) days after reaching total depth ONLY if the well is not completed within these thirty (30) days:
    1. File with the appropriate Regional Mineral Resources Office:
      1. An interim Well Drilling and Completion Report form.
  5. If the well will be stimulated:
    1. Notify the appropriate Regional Mineral Resources office ____hours prior to the commencement of any stimulation operation, including hydraulic fracturing. Stimulation may commence without the state inspector if the inspector is not on location at the time specified during the notification; and
    2. Notify the appropriate Regional Mineral Resources office of any change in the fracturing products from those proposed and approved in well permit application materials. Fracturing products other than those identified in the well permit application materials may not be used without specific approval from the appropriate Regional Mineral Resources office.
  6. Within thirty (30) days after the well has been completed (after any stimulation and testing):
    1. File with the appropriate Regional Mineral Resources Office:
      1. A final Well Drilling and Completion Report form.
      2. If geophysical well logs are run, two copies of all logs run on the well, including a copy of each log in digital format on CD or flash drive; and
      3. If applicable, a directional drilling report.
    2. Conspicuously place a weatherproof sign on or near the wellhead or surface processing equipment of each well.
      1. The sign must be displayed and maintained through plugging and abandonment;
      2. The sign must be legible and of sufficient size to accommodate the required information described in this condition;
      3. The sign must show the owner's name, well name and number, API number, and an emergency contact telephone number; and
      4. In the case of a multiple completion (e.g., dual) or a multi-well pad, each wellhead connection or wellhead must be appropriately identified, respectively.
    3. Send drill cutting samples, if required, to: NYS Museum, Empire State Plaza, Room 3140, Albany, NY 12230, Attn: Geological Survey.
  7. Within forty-five (45) days after cessation of permitted operations:
    1. Properly dispose of tank and pit fluids; and
    2. Reclaim the pit(s) and reclaim and stabilize area(s) disturbed in support of drilling operations in order to prevent erosion, unless an extension of time beyond 45 days is given by the Department.
  8. If the well is not completed, within ninety (90) days of any discontinuance of drilling or other permitted operation:
    1. File with the appropriate Regional Mineral Resources Office:
      1. Request for Shut-In or Temporary Abandonment form; or,
      2. If permanently abandoning the well, a Notice of Intention to Plug & Abandon form.
  9. During the life of the permitted well, including but not limited to, access road and pad construction, drilling, stimulation, completion, flaring, temporary abandonment, production, shut-in, plugging and site reclamation, report any non-routine incident that may affect the environment or the health, safety, welfare or property of any person as follows:
    1. Within two (2) hours of discovery of the non-routine incident, orally in person or by telephone to the appropriate DEC Oil and Gas Regional Minerals Manager.
    2. Within twenty-four (24) hours of discovery of the non-routine incident, in writing to the same office using the Division of Mineral Resources' Non-Routine Incident Report ("NRIR") form ;
      1. The completed NRIR form must detail the non-routine incident, any corrective actions taken by the owner and/or owner's representative and include, as necessary, a proposed Corrective Action Plan for Department review and approval. Provided the environment or the health, safety, welfare or property of any person would not be further endangered, any action or condition known or suspected to cause or contribute to the non-routine incident must cease immediately upon discovery of the non-routine incident, and appropriate initial remedial actions must be commenced. This verbal and written non-routine incident reporting requirement does not replace or supersede any other required local, state and/or federal reporting requirements; and
    3. As required by all applicable statues and regulations of the Department, including reporting to the DEC Spill Hotline.
  10. Any deviation from these conditions must be approved in writing by the Department prior to implementing such deviation.

NOTE: Each failure to comply with any of the above conditions is a violation of Article 23 of the ECL and Regulations promulgated thereunder, and may result in enforcement and permit suspension, fines and/or other appropriate penalties.


  • PDF Help
  • For help with PDFs on this page, please call 518-402-8072.
  • Contact for this Page
  • NYSDEC
    Division of Mineral Resources
    625 Broadway
    3rd Floor
    Albany NY 12233-6500
    518-402-8056
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions