2 Colo. Code Regs. § 404-1-604

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

Section 2 CCR 404-1-604 - SETBACKS and SITING REQUIREMENTS

a.Well Location Requirements.

(1) At the time the Well is drilled, a Well will be located not less than 200 feet from buildings, public roads, above ground utility lines, or railroads.

(2) At the time a Form 2A, Oil and Gas Location Assessment is filed, a Well will be located not less than 150 feet from a surface property line. The Commission may grant an exception if it is not feasible for the Operator to meet this minimum distance requirement and a waiver is obtained from the offset Surface Owner(s). The Operator will submit an exception location request letter stating the reasons for the exception and a signed waiver(s) from the offset Surface Owner(s) with the Form 2A for the proposed Oil and Gas Location where the Well will be drilled. Such signed waiver will be filed in the office of the county clerk and recorder of the county where the Well will be located.

(3) No Working Pad Surface will be located 2,000 feet or less from a School Facility or Child Care Center.

A. If the Operator and School Governing Body disagree as to whether a proposed Working Pad Surface is 2,000 feet or less from a School Facility or Child Care Center, the Commission will hear the matter in the course of considering the proposed Oil and Gas Development Plan. At the hearing, the Operator will demonstrate that the Working Pad Surface is more than 2,000 feet from any School Facility or Child Care Center.

B. Any hearing required under Rule 604.b.(3).A will be held at a location reasonably proximate to the lands affected by the proposed Oil and Gas Development Plan.

(4) No Working Pad Surface will be located less than 500 feet from 1 or more Residential Building Units not subject to a Surface Use Agreement or waiver, that includes informed consent from all Building Unit owner(s) and tenant(s) explicitly agreeing to the proposed Oil and Gas Location siting.

b.Siting Requirements for Proposed Oil and Gas Locations Near Residential Building Units and High Occupancy Building Units. No Working Pad Surface will be located more than 500 feet and less than 2,000 feet from 1 or more Residential Building Units or High Occupancy Building Units unless one or more of the following conditions are satisfied:

(1) The Residential Building Unit owners and tenants and High Occupancy Building Unit owners and tenants within 2,000 feet of the Working Pad Surface explicitly agree with informed consent to the proposed Oil and Gas Location;

(2) The location is within an approved Comprehensive Area Plan that includes preliminary siting approval pursuant to Rule 314.b.(4) or an approved Comprehensive Drilling Plan;

(3) Any Wells, Tanks, separation equipment, or compressors proposed on the Oil and Gas Location will be located more than 2,000 feet from all Residential Building Units or High Occupancy Building Units; or

(4) The Commission finds, after a hearing pursuant to Rule 510, that the proposed Oil and Gas Location and conditions of approval will provide substantially equivalent protections for public health, safety, welfare, the environment, and wildlife resources.

A. The Commission will base its finding of substantial equivalence on information including but not limited to:

i. The Director's Recommendation on the Oil and Gas Location pursuant to Rule 306.b;

ii. The extent to which the Oil and Gas Location design and any planned Enhanced Systems and Practices, Best Management Practices, preferred control technologies, and conditions of approval avoid, minimize, and mitigate adverse impacts, considering:

aa. Geology, technology, and topography;

bb. The location of receptors and proximity to those receptors; and

cc. The anticipated size, duration, and intensity of all phases of the proposed Oil and Gas Operations at the proposed Oil and Gas Location.

iii. The Relevant Local Government's consideration or disposition of a land use permit for the location, including any siting decisions and conditions of approval identified as appropriate by the Relevant Local Government;

iv. The Operator's alternative location analysis conducted pursuant to Rule 304.b.(2), or an alternative location analysis performed for the Relevant Local Government that the Director has accepted as substantially equivalent pursuant to Rule 304.e;

v. Related Oil and Gas Location siting and infrastructure proposed as a component of the same Oil and Gas Development Plan as the proposed Oil and Gas Location;

vi. How Oil and Gas Facilities associated with the proposed Oil and Gas Location are designed to avoid, minimize, and mitigate impacts on Residential Building Units and High Occupancy Building Units; or

vii. The Operator's actual and planned engagement with nearby residents and businesses to consult with them about the planned Oil and Gas Operations.

B. For proposed Oil and Gas Locations within 2,000 feet of a Residential Building Unit or High Occupancy Building Unit within a Disproportionately Impacted Community for which the Operator seeks approval pursuant to Rule 604.b.(4), the Commission will base its finding of substantial equivalence on the criteria set forth in Rules 604.b.(4).A.i-vii and 604.b.(4).B.i.aa-dd, and the information provided pursuant to Rule 604.b.(4).B.ii.

i. The Commission will not make a substantial equivalence finding under 604.b.(4).B unless the Operator demonstrates that:

aa. The Operator has undertaken all reasonable efforts to obtain informed consent and provides a summary as to why informed consent could not be obtained from each;

bb. The alternative location analysis required under Rule 304.b.(2) demonstrates the selected location avoids, minimizes, and mitigates any adverse Cumulative Impacts to Disproportionately Impacted Communities;

cc. The information and analysis required under Rule 315.b.(2).D.iii demonstrates that the operator has analyzed the Colorado EnviroScreen score, EnviroScreen Group Component scores, and EnviroScreen Individual Components scores for the proposed Oil and Gas Location and has employed Best Management Practices and/or Enhanced Systems and Practices sufficient to avoid, minimize, and mitigate adverse impacts to any identified community vulnerabilities; and

dd. The Oil and Gas Location design and any planned Enhanced Systems and Practices, Best Management Practices, preferred control technologies, and conditions of approval avoid, minimize, and mitigate adverse impacts.

ii. The Operator will provide:

aa. Information showing that informed consent could not be obtained because all owners or tenants of Residential Building Units and High Occupancy Building Units within 2,000 feet of the proposed Oil and Gas Location refused to grant such consent or failed to respond to communications from the Operator and a summary of the Operator's use of all reasonable efforts to obtain informed consent which includes a narrative as to why informed consent could not be obtained from each;

bb. Documentation of the Operator's outreach to all owners and tenants of Residential Building Units and High Occupancy Building Units within 2,000 feet of the Oil and Gas Location, including:

1. Summaries of any neighborhood meetings;

2. Summaries of all communications between the Operator and the owners or tenants, providing the date and nature of the communication (e.g., electronic mail, phone call, in-person meeting), all participants to the communication, and a detailed description of the substance of the communication;

3. Verification that translation services were provided if necessary; and

4. Verification that all written communications were written in easily understandable plain language and translated when necessary;

cc. A written summary of any owner's or tenant's comments on the proposed Oil and Gas Location or operations, including support, concerns, or questions, and any response the Operator provided to the owner or tenant;

dd. The number of informed consents sought and number of informed consents obtained from Residential Building Unit or High Occupancy Building Unit owners or tenants within 2,000 feet of the Working Pad Surface of the proposed Oil and Gas Location, including how many informed consents were obtained from residents of Disproportionately Impacted Community;

ee. The information required pursuant to Rule 315.b.(2).D.iii; and

ff. A description of any voluntarily executed community benefit agreement governing the Operator and the owners and tenants of the Residential and High Occupancy Building Units within 2,000 feet of the Working Pad Surface of the proposed Oil and Gas Location and within the Disproportionately Impacted Community. The Community Liaison may provide assistance in the development of the community benefit agreement, but only as to identification of the relevant Disproportionately Impacted Community and clarity to community members around the Commission's rules and policies, including opportunities to participate in the Commission's permitting process, and not as to the terms of the community benefit agreement.

iii. As part of the notice of hearing required pursuant to Rules 504.a.(1).A and 303.e.(1).B, the Operator will provide any non-consenting owner or tenant of a Residential Building Unit or High Occupancy Building Unit within 2,000 feet of the Working Pad Surface:

aa. Contact information for the Community Liaison and information about how the Community Liaison may assist the owner or tenant in participating in the permitting process;

bb. Information regarding how the owner or tenant may submit oral or written public comments at the hearing; and

cc. Information regarding how to access the Oil and Gas Development Plan application and related materials on the Commission's website.

C. The Relevant Local Government's consideration or disposition of a land use permit for the location, including any siting decisions and conditions of approval identified as appropriate by the Relevant Local Government;

D. The Operator's alternative location analysis conducted pursuant to Rule 304.b.(2), or an alternative location analysis performed for the Relevant Local Government that the Director has accepted as substantially equivalent pursuant to Rule 304.e;

E. Related Oil and Gas Location siting and infrastructure proposed as a component of the same Oil and Gas Development Plan as the proposed Oil and Gas Location;

F. How Oil and Gas Facilities associated with the proposed Oil and Gas Location are designed to avoid, minimize, and mitigate impacts on Residential Building Units and High Occupancy Building Units; or

G. The Operator's actual and planned engagement with nearby residents and businesses to consult with them about the planned Oil and Gas Operations.

2 CCR 404-1-604

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