(a) For the Water Management Plan, the permittee shall monitor, record, and retain, for a period of five years after the reclamation of the last oil or gas well for which the plan was submitted as part of the application, all records related to the daily water pumping schedules, received and purchased water, amounts of stored water, and quantities of flowback and produced water for recycling or reuse. The daily monitoring records shall be retained by the permittee in accordance with Rule .0202 of this Subchapter. These records shall be made available to representatives of the Department upon request.
(b) The permittee shall submit the Form 23 – Annual Water Use Report to the Department in accordance with Rule .0201 of this Subchapter by April 1st of each year for the period of January 1st to December 31st of the prior year. Form 23 – Annual Water Use Report shall include the following information:
(1) the permittee's name, address, telephone number, fax number, and email address;
(2) the county and nearest city or town where the oil or gas well is located;
(3) the property street address, or nearest address to the ingress and egress point leading from a public road to the well pad;
(4) the API number, the lease name, and the oil or gas well name and number;
(5) the daily average water withdrawals from each of the surface water and groundwater source(s) included the Water Management Plan for each month;
(6) the maximum daily water withdrawals from each of the surface and groundwater source(s) included the Water Management Plan for each month; and
(7) the number of days that water was withdrawn in each month from the surface and groundwater source(s) the Water Management Plan.
(c) The permittee shall submit Form 23 – Annual Water Use Report electronically to the Department.
(d) The applicant or permittee shall provide notice in accordance with G.S. 113-420(b) of any land-disturbing activity associated with the Water Management Plan to any owner of real property identified in the plan as required by Rule .1901(b)(6) of this Section. The notice shall be sent at least 30 calendar days before the desired date of entry to the property for activities described in Rules .1902 through .1904 of this Section. Notice shall be given by certified mail with return receipt requested and shall include:
(1) the dates and duration of activities;
(2) the location where entry will take place; and
(3) the identity of person(s) entering the property.
(e) The permittee shall notify the Department at least 48 hours via telephone or email prior to first withdrawal from the approved water source(s) identified in the Water Management Plan. The permittee shall submit Form 11 – Required Notifications to the Department, by mail, email or fax in accordance with Rule .0201 of this Subchapter within five calendar days following the telephone or email notification and shall include the following information:
(1) the permittee's name, address, telephone number, fax number, and email address;
(2) the county and nearest city or town where the oil or gas well is located;
(3) the property street address, or nearest address to the ingress and egress point leading from a public road to the well pad;
(4) the API number, the lease name, and the oil or gas well name and number; and
(5) the scheduled date and approximate time of day for the first withdrawal from the water source.
History Note: Authority G.S. 113-391(a)(5)e;
Eff. March 17, 2015.