(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.      
        (1) Seismic hole--Any hole drilled for the purpose of securing geophysical information to be used in the exploration or development of oil, gas, geothermal, or other mineral resources.       
        (2) Core hole--Any hole drilled for the purpose of securing geological information to be used in the exploration or development of oil, gas, geothermal, or other mineral resources, except coal or uranium. For regulations governing coal exploratory wells, see Chapter 12 of this title (relating to Coal Mining Regulations), and for regulations governing uranium exploratory wells, see Chapter 11, Subchapter C of this title (relating to Surface Mining and Reclamation Division, Substantive Rules--Uranium Mining).       
        (3) Project area--The geographic area in which an exploratory survey involving one or more seismic holes or core holes is carried out.       
        (4) Protection depth--Depth or depths at which usable quality water must be protected or isolated, as determined by the Groundwater Advisory Unit of the Oil and Gas Division, which may include zones that contain brackish or saltwater if such zones are correlative and/or hydrologically connected to zones that contain usable-quality water.       
        (5) Operator--The person who contracts for the services of a seismic crew or core hole drilling contractor or, if the seismic survey or core hole testing is not performed on a contract basis, but is performed by an exploration and production company or by a geophysical contractor for speculative purposes, the person who drills the seismic holes or core holes.       
        (6) Commission--The Railroad Commission of Texas or its authorized representative.       
      (b) Exemption. Any seismic hole or core hole drilled to a depth of 20 feet or less is not subject to the requirements of this section.     
      (c) Determination of protection depth. Before drilling any seismic hole or core hole in a project area, an operator shall obtain a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth or depths in the project area.     
      (d) Drilling permits.      
        (1) Holes that do not penetrate any protection depth. A seismic hole or core hole that does not penetrate any protection depth does not require a drilling permit.       
        (2) Holes that penetrate any protection depth. A seismic hole or core hole that penetrates any protection depth requires a drilling permit to satisfy the requirements for exploratory wells described in §3.5(g) of this title (relating to Application To Drill, Deepen, Reenter, or Plug Back) (Statewide Rule 5).       
      (e) Plugging.      
        (1) Holes that do not penetrate any protection depth. A seismic hole or core hole that does not penetrate any protection depth must be plugged in accordance with subparagraph (A) or (B) of this paragraph. Seismic holes must be plugged after the hole is loaded with explosives. Core holes must be plugged immediately after completion of coring the hole.                  (A) The operator shall adequately plug the hole by filling it from total depth to a depth of no more than 16 feet below the surface with drill cuttings and/or bentonite. Immediately above the drill cuttings and/or bentonite, the operator shall place a bentonite plug no less than 10 feet in length. A plastic cap imprinted with the name of the operator shall be set above the bentonite plug no less than three feet below the surface. The remainder of the hole shall be filled with drill cuttings or native soil. All precautions should be taken to prevent bentonite from bridging over.                   (B) Alternative plugging procedures and materials may be utilized when the operator has demonstrated to the commission's satisfaction that the alternatives will protect usable quality water.         
        (2) Holes that penetrate any protection depth. A seismic hole or core hole that penetrates any protection depth must be plugged in accordance with the requirements of §3.14 of this title (relating to Plugging) (Statewide Rule 14) and a plastic cap imprinted with the name of the operator shall be set in the hole no less than three feet below the surface.       
      (f) Physical requirements for bentonite plugging materials. Bentonite materials used to plug seismic or core holes shall be derived from naturally occurring, untreated, high swelling sodium bentonite that is composed of at least 85% montmorillonite clay and that meets the International Association of Geophysical Contractors (IAGC) recommended geophysical industry standard dated January 24, 1992, for the physical characteristics of bentonite used in seismic shot hole plugging.     
      (g) Reporting.      
        (1) Holes that do not penetrate any protection depth. Within 30 days of plugging the last hole in the project area, the operator shall submit a letter to the commission stating that each seismic hole or core hole in the project area has been plugged in accordance with subsection (e)(1) of this section. The letter must include the plugging date for each hole and the name and address of the operator. A plat of the project area identifying seismic or core hole locations, counties, survey lines, scale, and northerly direction must be attached. A United States Geological Survey map of the project area with hole locations marked will satisfy the plat requirement. In addition, a letter from the Groundwater Advisory Unit of the Oil and Gas Division stating the protection depth or depths must be attached.       
        (2) Holes that penetrate any protection depth. For any seismic or core hole that penetrates any protection depth, a plugging record shall be filed in accordance with §3.14 of this title (relating to Plugging) (Statewide Rule 14).       
     Source Note:        The provisions of this §3.100 adopted to be effective September 1, 1992, 17 TexReg 5283; amended to be effective August 25, 2003, 28 TexReg 6816; amended to be effective July 2, 2012, 37 TexReg 4892; amended to be effective January 1, 2014, 38 TexReg 3542