2 Colo. Code Regs. § 404-1-302
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-302 - LOCAL GOVERNMENTSa. Nothing in the Commission's Rules constrains the legal authority conferred to Local Governments by §§ 24-65.1-101et seq., 29-20-104, 30-15-401, C.R.S., or any other statute, to regulate surface Oil and Gas Operations in a manner that is more protective or stricter than the Commission's Rules.b.Local Government Siting Information. With their Oil and Gas Development Plan, or, if applicable, with their Form 2A or Drilling and Spacing Unit application, Operators will submit to the Director certification that: (1) The Relevant Local Government does not regulate the siting of Oil and Gas Locations;(2) The Relevant Local Government regulates the siting of Oil and Gas Locations, and has denied the siting of the proposed Oil and Gas Location;(3) The Relevant Local Government regulates the siting of Oil and Gas Locations, and the proposed Oil and Gas Location does not meet any of the criteria listed in Rule 304.b.(2).B; or(4) The Relevant Local Government regulates the siting of Oil and Gas Locations, and the proposed Oil and Gas Location meets one or more of the criteria listed in Rule 304.b.(2).B.c.Director's Review of Local Government Siting Information.(1) For proposed Oil and Gas Locations listed in Rule 302.b.(1), the Director will conduct a siting review pursuant to the Commission's 300 Series Rules.(2) For proposed Oil and Gas Locations listed in Rule 302.b.(2), the Commission will not approve the proposed Oil and Gas Location without a hearing before the Commission, rather than an Administrative Law Judge or Hearing Officer.(3) For proposed Oil and Gas Locations listed in Rule 302.b.(3), the Director will defer to the Relevant Local Government's siting disposition.(4) For proposed Oil and Gas Locations listed in Rule 302.b.(4), the Operator will submit an alternative location analysis pursuant to Rule 304.b.(2).d. With their Oil and Gas Development Plan, or, if applicable, with their Form 2A, Operators will state whether the proposed Oil and Gas Location is subject to the requirements of § 24-65.1-108, C.R.S., because it is located in an area designated as one of state interest.e.Notice to Relevant and Proximate Local Governments. An Operator will notify any Relevant and Proximate Local Governments that it plans to submit an Oil and Gas Development Plan no less than 30 days prior to submitting an Oil and Gas Development Plan. The notice will comply with the procedural and substantive requirements of Rules 303.e.(2) & (3).f.Local Government Waiving Authority.(1) At any time, a Local Government may, by providing written notice to the Director on a Form 29, Local Government Information, and any relevant Operators: A. Waive its right to receive notice under any or all of the Commission's Rules; orB. Certify that it chooses not to regulate the siting of Oil and Gas Locations.(2) The Commission will maintain a list of Local Governments that have certified to the Director that they have chosen not to regulate the siting of Oil and Gas Locations, or receive any category of notice otherwise required by the Commission's Rules. This list will be posted on the Commission's website.(3) A Local Government may withdraw a waiver or certification at any time by providing written notice to an Operator and the Director on a Form 29. Upon receiving such notice, the Director will immediately remove the Local Government from the Rule 302.f.(2) list on the Commission's website.g.Local Government Consultation. Within 45 days after an Operator provides notice of a proposed Oil and Gas Development Plan, and prior to the Director making a Director's Recommendation that the Commission approve or deny the Oil and Gas Development Plan, Relevant Local Governments or Proximate Local Governments may request, and will be provided, an opportunity to consult with the Operator and the Director. The Director or Operator will promptly schedule a Formal Consultation Process meeting. Nothing in this Rule 302.g precludes a Local Government from providing comments on a proposed Oil and Gas Development Plan or Form 2A during the Rule 303.d public comment period. Topics for Formal Consultation Process meeting will include, but not be limited to: (1) The location of access roads, Production Facilities, and Wells; and(2) Necessary and reasonable measures to avoid, minimize, and mitigate adverse impacts to public health, safety, welfare, the environment, or wildlife resources.37 CR 16, August 25, 2014, effective 9/30/201438 CR 01, January 10, 2015, effective 2/14/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 4/30/201538 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201641 CR 05, March 10, 2018, effective 4/1/201841 CR 06, March 25, 2018, effective 5/1/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 17, September 10, 2019, effective 9/30/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 13, July 10, 2020, effective 11/2/202043 CR 24, December 25, 2020, effective 1/15/202145 CR 07, April 10, 2022, effective 4/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 13, July 10, 2022, effective 7/30/2022