2 Colo. Code Regs. § 404-1-412

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 404-1-412 - SURFACE OWNER NOTICE

a.Statutory Notice to Surface Owners. Not less than 30 days in advance of commencement of operations with heavy equipment for the drilling of a Well, Operators will provide the statutorily required notice to the Well Site Surface Owner(s) as described below and the Relevant Local Government. Notice to the Surface Owner may be waived in writing by the Surface Owner.

(1) Surface Owner Notice is not required on federal- or Indian-owned surface lands.

(2) Surface Owner Notice will be delivered by hand; certified mail, return-receipt requested; or by other delivery service with receipt confirmation. Electronic mail may be used if the Surface Owner has approved such use in writing.

(3) The Surface Owner Notice will provide:

A. The Operator's name and contact information for the Operator or its agent;

B. A site diagram or plat of the proposed Well location and any associated roads and Production Facilities;

C. The date operations with heavy equipment are expected to commence;

D. A copy of the COGCC Informational Brochure for Surface Owners; and

E. A postage-paid, return-addressed post card whereby the Surface Owner may request consultation pursuant to Rule 309.

(4)Notice of Subsequent Operations. An Operator will provide to the Surface Owner or the Surface Owner's appointed agent and the Relevant Local Government at least 7 days advance notice of subsequent operations with a rig or heavy equipment that will materially impact surface areas beyond the existing access road or Oil and Gas Location, including but not limited to all operations listed in Rule 312.a.

(5)Notice During Irrigation Season. If a Well is to be drilled on irrigated Crop Land or may interfere with other agricultural activities, the Operator will contact the Surface Owner or agent at least 14 days prior to commencement of operations with heavy equipment to coordinate drilling operations to avoid unreasonable interference with irrigation plans and agricultural activities.

(6)Final Reclamation Notice. Not less than 30 days before any final Reclamation operations are to take place pursuant to Rule 1004, the Operator will notify the Surface Owner. Final Reclamation operations will mean those Reclamation operations to be undertaken when a Well is to be Plugged and Abandoned or when Production Facilities are to be permanently removed. Such notice is required only where final Reclamation operations commence more than 30 days after the completion of a Well.

b.Move-In, Rig-Up Notice.

(1) At least 30 Days, but no more than 90 days, before moving in and rigging up a drilling rig, the Operator will provide Move-In, Rig-Up ("MIRU") Notice to all Surface Owners, Building Unit owners and tenants within 2,000 feet of the Working Pad Surface if:

A. It has been more than one year since the previous notice or since drilling activity last occurred, or

B. Notice was not previously required.

(2) The Operator may rely on the county assessor tax records to identify Building Unit Owners within 2,000 feet of the Working Pad Surface receiving the MIRU Notice.

(3) The Operator will provide notice to the physical address of all parcels of land within 2,000 feet of the Working Pad Surface receiving the MIRU Notice.

(4) MIRU Notice will be delivered by hand; certified mail, with return-receipt requested; electronic mail, with return receipt requested, delivery confirmation, or by other delivery service with delivery confirmation.

(5) The MIRU Notice will include:

A. A statement informing the Building Unit Owner and tenant that the Operator intends to move in and rig up a drilling rig to drill Wells within 2,000 feet of their Building Unit;

B. The Operator's contact information where it may be reached 24-hours a day;

C. The legal location of the proposed Wells (Quarter-Quarter, Section, Township, Range, County);

D. The approximate street address of the proposed Well locations (Street Number, Name, City);

E. The name and number of the proposed Wells, including the API Number if the Form 2 has been approved or the eForm Document Number if the Form 2 is pending approval;

F. The anticipated date (day, month, year) the drilling rig will move in and rig up;

G. The Commission's website address and telephone number; and

H. The estimated duration of time (which may be a range) that the drilling rig will be onsite and an indication of whether multiple drilling operations are planned for the Oil and Gas Location.

(6) A Surface Owner or Building Unit owner entitled to receive MIRU Notice may waive their right in writing at any time.

(7) An Operator may request an exception to this Rule and provide MIRU Notice less than 30 days prior to moving in and rigging up a drilling rig for good cause.

2 CCR 404-1-412

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