2 Colo. Code Regs. § 404-1-303

Current through Register Vol. 47, No. 24, December 25, 2024

Section 2 CCR 404-1-303 - PROCEDURAL REQUIREMENTS FOR OIL AND GAS DEVELOPMENT PLANS

a.Components of an Oil and Gas Development Plan Application. Prior to commencing Oil and Gas Operations at an Oil and Gas Location that meets the criteria of Rule 304.a, an Operator will have an approved Oil and Gas Development Plan. An Operator will submit to the Commission the following:

(1) An application with the Hearings Unit for a hearing on the proposed Oil and Gas Development Plan, pursuant to Rule 503.g.(1). If the Oil and Gas Development Plan includes lands to be spaced, the Oil and Gas Development Plan application will include an application for and request for hearing on the proposed Drilling and Spacing Unit(s) pursuant to Rules 305 & 503.g.(2). For at least one portion of a mineral tract within the proposed Oil and Gas Development Plan, the applicant will provide documentation as described in Rule 305.a.(2).L, showing the applicant's status as an Owner.

(2) A Form 2A that meets all requirements of Rule 304 for each proposed Oil and Gas Location.

(3) Payment of the full filing fee required by Rule 301.d.

(4) Any other relevant information that the Director determines is necessary and reasonable to determine whether the proposed operation meets the Commission's Rules and protects and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources. The Director will provide the Operator with the reason for the request in writing.

(5) A Form 2B, Cumulative Impacts Data Identification that meets all requirements of Rule 315.a, unless otherwise indicated by the Commission's granting of preliminary siting approval in a Comprehensive Area Plan pursuant to Rule 314.e.(11).

(6)Permitting Coordination Notifications.

A. If an Operator is concurrently seeking a permit from the Commission and a federal agency or a Relevant Local Government for one or more locations within the proposed Oil and Gas Development Plan, the Operator may engage the Director in the federal agency or Relevant Local Government process. The Relevant Local Government or federal agency may also request that the Director engage in the Relevant Local Government process or federal agency process. If the Operator, Relevant Local Government, or federal agency requests the Director's engagement, the Operator will:

i. Notify the Director that it is concurrently seeking a permit from the Relevant Local Government or federal agency permitting process on the Form 2A at the time the Operator submits the proposed Oil and Gas Development Plan;

ii. Identify any potential conflicts or differences between agency standards for each of the respective permitting authorities on the Form 2A; and

iii. Promptly notify the Director in writing of subsequent milestones and events in the Local Government or federal agency permitting process, including but not limited to:

aa. Submission of documents;

bb. On-site inspections;

cc. Public comment deadlines;

dd. Hearings and public meetings; or

ee. Issuance of final decisions.

B. If an Operator has already obtained a permit from a federal agency or a Relevant Local Government for one or more locations within the proposed Oil and Gas Development Plan, the Operator will submit the federal agency's or Relevant Local Government's final decision documents approving the siting and any related surface disturbance as an attachment to the Form 2A for that location.

i. If a Relevant Local Government has already approved the siting of one or more Oil and Gas Locations proposed as part of an Oil and Gas Development Plan, and the Director determines that it will recommend that the Commission deny the proposed Oil and Gas Development Plan based on an alternative location analysis process pursuant to Rule 304.b.(2), the Director will notify the Relevant Local Government and the Operator prior to issuing a Recommendation pursuant to Rule 306.

ii. For a proposed Oil and Gas Location on federal surface or mineral estate for which the relevant federal agency has already approved one or more Application(s) for Permit to Drill, the Operator will submit any environmental analysis or analyses conducted for the Application(s) for Permit to Drill pursuant to the National Environmental Policy Act.

(7) A certification that all components of the Oil and Gas Development Plan have been submitted. The Operator will submit a Form 2C, Oil and Gas Development Plan Certification, to certify the submission of all components of the Oil and Gas Development Plan, and to identify all components of the application.

(8) If an Operator proposes multiple Oil and Gas Locations, and the Director determines that the number of proposed locations, geographic scope, or high number of adjacent or nearby Oil and Gas Development Plans submitted by the same Operator would be more appropriately considered as a CAP, the Director may request a meeting with the Operator to evaluate whether the proposed Oil and Gas Development Plan(s) should be re-submitted as a CAP application pursuant to Rule 314.

b.Completeness Determination. After the Operator certifies pursuant to Rule 303.a.(7) that all required components of the Oil and Gas Development Plan have been submitted, the Director will use best efforts to review the application materials within 30 days to determine if they are complete.

(1) If the proposed Oil and Gas Development Plan is complete, the Director will approve the Form 2C and issue a completeness determination to the Operator via electronic mail.

(2) A completeness determination does not constitute approval or denial of an Oil and Gas Development Plan, nor does it convey any rights to conduct any surface-disturbing activities.

(3) At any time, before or after the Director makes a completeness determination, the Director or the Commission may request any relevant information necessary and reasonable to make a final determination of approval or denial on an Oil and Gas Development Plan. The Operator will provide any requested information before the Commission makes a final decision to approve or deny the Oil and Gas Development Plan. The Director will provide the Operator with the reason for the request in writing.

(4) If the Director determines that an application is incomplete, the Director will notify the Operator in writing of any such inadequacies. The Operator will have 90 days from the date that it was contacted to correct or provide requested information, otherwise the Director will deny the Form 2C, and all components of the application will be considered withdrawn and the Oil and Gas Development Plan filing fee will not be refunded.

(5) The Director will submit the completeness determination to the Hearings Unit, where it will be part of the record before the Commission on the Oil and Gas Development Plan application.

c.Revisions to an Oil and Gas Development Plan Application.

(1) At any time prior to the Director making a completeness determination, the Operator may request changes to its Oil and Gas Development Plan or provide additional or different information by contacting the Director.

(2) After the Director makes a completeness determination, the Operator may only make material changes to its Oil and Gas Development Plan application with the Director's approval, which may require re-noticing the application pursuant to Rules 303.e and 503.g.(1), and reopening the public review and consultation period pursuant to Rule 303.d.

d.Public Review and Consultation.

(1)Public Comment Period. When the Director makes a completeness determination by approving a Form 2C, the Oil and Gas Development Plan application components, exemptions granted pursuant to Rule 304.d, and supporting materials will be posted to the Commission's website. The website posting will provide:

A. The date by which public comments must be received to be considered, which is:

i. 60 days from the date the Oil and Gas Development Plan was posted to the Commission website, if the Oil and Gas Development Plan includes any proposed Oil and Gas Locations with a Working Pad Surface within 4,000 feet of a Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center within a Disproportionately Impacted Community;

ii. 45 days from the date the Oil and Gas Development Plan was posted to the Commission website if the Oil and Gas Development Plan includes any proposed Oil and Gas Locations:

aa. With a Working Pad Surface within 1/2 mile of a Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center that is not within a Disproportionately Impacted Community; or

bb. Within a Disproportionately Impacted Community; and

iii. 30 days from the date the Oil and Gas Development Plan was posted for all other Oil and Gas Development Plans.

B. The mechanism for the public to provide comments.

(2)Notification for Consultation. At the same time the Director posts materials to the Commission's website pursuant to Rule 303.d.(1), the Director will provide electronic notice of such posting to:

A. The Relevant Local Government(s);

B. All Proximate Local Government(s);

C. CPW;

D. CDPHE, if consultation will occur pursuant to Rule 309.f; and

E. Public Water System administrators, if consultation will occur pursuant to Rule 309.g.

(3)Confidentiality. If the Operator designates any portion of its Oil and Gas Development Plan application as "confidential" pursuant to Rule 223, then the Director will post only the redacted version when the Oil and Gas Development Plan application is posted.

e.Notice.

(1)Who Receives Notice. The Operator will provide notice of the completeness determination within 7 days to:

A. All Owners of minerals to be developed by the Oil and Gas Development Plan except that no notice is required for minerals already subject to a federal Unit Agreement pursuant to 43 C.F.R. § 3180.

B. All Surface Owners, Building Unit and High Occupancy Building Unit owners and tenants, and residents, including tenants of both residential and commercial properties, within 1/2 mile of any Working Pad Surface included in the Oil and Gas Development Plan, or within 1 mile of any Working Pad Surface included in the Oil and Gas Development Plan if the Building Unit is within a Disproportionately Impacted Community. Notice to tenants may be accomplished by sending the notice to the residences addressed to "Current Resident."

C. The Colorado State Land Board (if a mineral owner).

D. The U.S. Bureau of Land Management (if any federal entity is mineral owner).

E. The Southern Ute Indian Tribe (for applications involving minerals within the exterior boundary of the Tribe's reservation that are subject to the Commission's jurisdiction pursuant to Rule 201.d.(2)).

F. All Schools, Child Care Centers, and School Governing Bodies pursuant to Rule 309.d.

G. Police, fire departments, emergency service agencies, and first responder agencies responsible for ensuring public safety in all areas within 2,000 feet of any Working Pad Surface included in the Oil and Gas Development Plan.

H. The administrator of any Public Water System that operates:

i. A surface water Public Water System intake that is 15 stream miles or less downstream from the proposed Working Pad Surface;

ii. A groundwater under the direct influence of surface water ("GUDI") Public Water System supply well within 2,640 feet of the proposed Working Pad Surface; and

iii. A Public Water System supply well completed in a Type III Aquifer within 2,640 feet of the proposed Working Pad Surface.

I. All attendees of the pre-application community meeting who provided an electronic mail address pursuant to Rule 301.g.(2).B.iii.

f.Publication of Comments. The Director will post public comments on the Commission's website according to applicable guidance.

g.Extension of Comment Period. The Director may extend or reopen the comment period for up to an additional 30 days for a proposed Oil and Gas Development Plan and 45 days for a proposed CAP if the Director determines an extension or reopening is reasonable in order to obtain public input.

h.Drilling and Spacing Unit Applications. When an Oil and Gas Development Plan includes an application for a new Drilling and Spacing Unit or to amend an existing Drilling and Spacing Unit, the Drilling and Spacing Unit application will be noticed and subject to the petition process set forth in Rules 504.b.(2) & 507.

2 CCR 404-1-303

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

47 CR 22, November 25, 2024, effective 12/15/2024