Statutes, codes, and regulations
Colorado Administrative Code
Department 400 - Department of Natural ResourcesDivision 404 - Oil and Gas Conservation Commission
Rule 2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 2 CCR 404-1-301 - GENERAL REQUIREMENTS FOR APPROVAL, CHANGES TO OPERATIONS, AND FILING FEES FOR OIL AND GAS OPERATIONS

2 Colo. Code Regs. § 404-1-301

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Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-301 - GENERAL REQUIREMENTS FOR APPROVAL, CHANGES TO OPERATIONS, AND FILING FEES FOR OIL AND GAS OPERATIONS
a.Approval. All operations governed by any regulation in this Series require written approval of the Commission, or Director where applicable. The Commission or Director, where applicable, will approve operations only if they protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources, and protect against adverse environmental impacts on any air, water, soil, or biological resource resulting from Oil and Gas Operations. Operators will obtain the Commission's or Director's, where applicable, approval through the procedures provided in this and such other applicable Commission Rules. The Commission, or Director, where applicable, may require any conditions of approval that are determined to be necessary and reasonable to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources, or to protect against adverse environmental impacts on any air, water, soil, or biological resource resulting from Oil and Gas Operations.
b.Denial. The Commission may deny an Oil and Gas Development Plan, and the Commission or Director may deny Oil and Gas Operations if it does not comply with the Commission's Rules or the Act.
c.Changes to Approved Oil and Gas Development Plans.
(1) Operators will file any proposed change to an approved Oil and Gas Development Plan with the Director in writing through a Form 4, Sundry Notice. The Form 4 will be posted to the Commission's website at least 14 days prior to approval or denial of the requested change.
(2) The Director will determine what applications, forms, and information are required for the review and approval of the proposed change, and whether:
A. The proposed change is significant and requires Commission approval;
B. The proposed change requires consultation with the Colorado Department of Public Health and Environment ("CDPHE") or Colorado Division of Parks and Wildlife ("CPW"); or
C. The proposed change will not alter the basis upon which the Oil and Gas Development Plan is approved and can be administratively approved by the Director.
(3) The Operator will not begin work until the Director or Commission provides written approval.
(4) The Director or Commission will only approve changes that comply with the Commission's Rules.
(5) Notice of a Director-approved change to an Oil and Gas Development Plan will be posted to the Commission's website.
d.Filing Fees. Operators will pay filing fees at the time of applying for a Form 2A, Oil and Gas Location Assessment; Form 2, Application for Permit-to-Drill; Drilling and Spacing Unit; Oil and Gas Development Plan; or Comprehensive Area Plan ("CAP") (see Appendix III). Wells drilled for stratigraphic information only will be exempt from paying the filing fee.
e. The Director or Commission may request any information necessary and reasonable to make a final determination of approval or denial on any permit application before the Commission. In such information requests, the Director or Commission will provide the reasoning for the request and a reasonable timeframe for the applicant to provide the information.
f.Coordination with Local Governments and Federal Agencies.
(1)Purpose. The Commission, Local Governments, and federal surface management agencies all share authority to require permits for the surface impacts of Oil and Gas Operations. Recognizing that each permitting authority brings its own, unique expertise in reviewing a permit, the Commission supports creating coordinated, efficient processes among the permitting authorities.
(2)Concurrent Permitting. Where possible, the Commission prefers Operators to follow the concurrent permit review process pursuant to Rule 303.a.(6).A to allow each permitting authority to coordinate sharing its unique expertise and standards.
(3)Pre-Application Consultation. Prior to an Operator submitting an Oil and Gas Development Plan or Form 2A to the Commission, at the request of the Relevant Local Government or federal agency, the Director will participate in a Formal Consultation Process with the Relevant Local Government or federal agency and the Operator to discuss Oil and Gas Location siting, alternative location analysis, Best Management Practices, conditions of approval, anticipated milestones and events in the state and federal or local permitting processes, opportunities for collaboration, and other related topics regarding the Operator's planned development within the Relevant Local Government's or federal agency's jurisdiction.
(4)Sequential Permitting. An Operator may pursue a permit from the federal government or a Relevant Local Government before applying for an Oil and Gas Development Plan pursuant to Rule 303.
A. If the Operator chooses to seek a permit from the federal government or a Relevant Local Government before applying for an Oil and Gas Development Plan, during the course of the federal or Local Government permit review process, for any proposed location that meets one or more of the criteria in Rule 304.b.(2).B the Operator may submit an alternative location analysis to the Director that meets the criteria of Rule 304.b.(2).C.
B. If the Operator provides the Director with an alternative location analysis pursuant to Rule 301.f.(4).A, the Director will participate in a Formal Consultation Process with the Operator and the Relevant Local Government or federal agency about the proposed alternative locations prior to the Operator submitting a permit application to the Commission.
C.To promote the resolution of issues to the extent possible, a Relevant Local Government or federal agency may request that the Director participate as a referral agency in a Formal Consultation Process about proposed alternative locations for any location that meets the criteria of Rule 304.b.(2).B. If the Director receives such a request, the Operator will provide the Director with an alternative location analysis that meets the criteria of Rule 304.b.(2).C that may be used as a basis for the Formal Consultation Process. If the Director receives such a request, the Director will use best efforts to identify any potential conflicts, differences, or concerns that may exist regarding the proposed location(s) and the Commission's Rules.

2 CCR 404-1-301

37 CR 16, August 25, 2014, effective 9/30/2014
38 CR 01, January 10, 2015, effective 2/14/2015
38 CR 03, February 10, 2015, effective 3/2/2015
38 CR 07, April 10, 2015, effective 4/30/2015
38 CR 16, August 25, 2015, effective 9/14/2015
39 CR 04, February 25, 2016, effective 3/16/2016
41 CR 05, March 10, 2018, effective 4/1/2018
41 CR 06, March 25, 2018, effective 5/1/2018
41 CR 23, December 10, 2018, effective 12/30/2018
42 CR 02, January 25, 2019, effective 2/14/2019
42 CR 17, September 10, 2019, effective 9/30/2019
42 CR 24, December 25, 2019, effective 1/14/2020
43 CR 17, September 10, 2020, effective 9/30/2020
43 CR 13, July 10, 2020, effective 11/2/2020
43 CR 24, December 25, 2020, effective 1/15/2021
45 CR 07, April 10, 2022, effective 4/30/2022
45 CR 09, May 10, 2022, effective 5/30/2022
45 CR 13, July 10, 2022, effective 7/30/2022