2 Colo. Code Regs. § 404-1-307
Current through Register Vol. 47, No. 19, October 10, 2024
Section 2 CCR 404-1-307 - COMMISSION CONSIDERATION OF THE OIL AND GAS DEVELOPMENT PLANa.Director's Recommendation. Upon receipt of the Director's Recommendation on an Oil and Gas Development Plan, it will be considered by the Commission pursuant to Rule 510, and Rules 508 & 509, as appropriate. The Commission will consider whether to delegate consideration of an Oil and Gas Development Plan to an Administrative Law Judge or Hearing Officer, except that the Commission will not delegate:(1) The Director's Recommendation of denial to an Administrative Law Judge or Hearing Officer; or(2) Consideration of an Oil and Gas Development Plan that the Director Recommends approving, but includes one or more proposed Oil and Gas Locations that have been denied by a Relevant Local Government.b.Commission's Consideration of Director's Recommendation.(1)Approval. The Commission may approve an Oil and Gas Development Plan that complies with all requirements of the Commission's Rules, and protects and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources. The Commission may add any conditions to the approval of an Oil and Gas Development Plan that it determines are necessary and reasonable to ensure compliance with all requirements of the Commission's Rules or to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources.(2)Denial. If the Commission determines that an Oil and Gas Development Plan does not provide necessary and reasonable protections for, or minimize adverse impacts to, public health, safety, welfare, the environment, and wildlife resources, or fails to meet the requirements of the Commission's Rules, the Commission may deny the Oil and Gas Development Plan. The Commission will identify in the record the basis for the denial.(3)Stay. If the Commission determines that additional information or analysis, including an alternative location analysis or an analysis of additional locations if an alternative location analysis was already conducted, is necessary for it to make a decision to approve or deny an Oil and Gas Development Plan, it may stay consideration of the Oil and Gas Development Plan for further consideration until the Director or Operator can provide the Commission with the additional information or analysis necessary to consider the Oil and Gas Development Plan. The Commission may set or extend reasonable deadlines for the Director or Operator to provide the additional information or analysis to the Commission.c.Final Agency Action. The Commission's decision to approve or deny an Oil and Gas Development Plan will constitute final agency action. The Commission's decision to stay an Oil and Gas Development Plan for further consideration will not constitute final agency action.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