Current through Register Vol. 47, No. 17, September 10, 2024
a.
Approval. All operations governed by any regulation in this Series
require written approval of the Commission, or Director where applicable. The
Commission or Director, where applicable, will approve operations only if they
protect and minimize adverse impacts to public health, safety, welfare, the
environment, and wildlife resources, and protect against adverse environmental
impacts on any air, water, soil, or biological resource resulting from Oil and
Gas Operations. Operators will obtain the Commission's or Director's, where
applicable, approval through the procedures provided in this and such other
applicable Commission Rules. The Commission, or Director, where applicable, may
require any conditions of approval that are determined to be necessary and
reasonable to protect and minimize adverse impacts to public health, safety,
welfare, the environment, and wildlife resources, or to protect against adverse
environmental impacts on any air, water, soil, or biological resource resulting
from Oil and Gas Operations.
b.
Denial. The Commission may deny an Oil and Gas Development Plan,
and the Commission or Director may deny Oil and Gas Operations if it does not
comply with the Commission's Rules or the Act.
c.
Changes to Approved Oil and Gas
Development Plans.
(1) Operators will
file any proposed change to an approved Oil and Gas Development Plan with the
Director in writing through a Form 4, Sundry Notice. The Form 4 will be posted
to the Commission's website at least 14 days prior to approval or denial of the
requested change.
(2) The Director
will determine what applications, forms, and information are required for the
review and approval of the proposed change, and whether:
A. The proposed change is significant and
requires Commission approval;
B.
The proposed change requires consultation with the Colorado Department of
Public Health and Environment ("CDPHE") or Colorado Division of Parks and
Wildlife ("CPW"); or
C. The
proposed change will not alter the basis upon which the Oil and Gas Development
Plan is approved and can be administratively approved by the
Director.
(3) The
Operator will not begin work until the Director or Commission provides written
approval.
(4) The Director or
Commission will only approve changes that comply with the Commission's
Rules.
(5) Notice of a
Director-approved change to an Oil and Gas Development Plan will be posted to
the Commission's website.
d.
Filing Fees. Operators will
pay filing fees at the time of applying for a Form 2A, Oil and Gas Location
Assessment; Form 2, Application for Permit-to-Drill; Drilling and Spacing Unit;
Oil and Gas Development Plan; or Comprehensive Area Plan ("CAP") (see Appendix
III). Wells drilled for stratigraphic information only will be exempt from
paying the filing fee.
e. The
Director or Commission may request any information necessary and reasonable to
make a final determination of approval or denial on any permit application
before the Commission. In such information requests, the Director or Commission
will provide the reasoning for the request and a reasonable timeframe for the
applicant to provide the information.
f.
Coordination with Local Governments
and Federal Agencies.
(1)
Purpose. The Commission, Local Governments, and federal surface
management agencies all share authority to require permits for the surface
impacts of Oil and Gas Operations. Recognizing that each permitting authority
brings its own, unique expertise in reviewing a permit, the Commission supports
creating coordinated, efficient processes among the permitting
authorities.
(2)
Concurrent
Permitting. Where possible, the Commission prefers Operators to follow
the concurrent permit review process pursuant to Rule 303.a.(6).A to allow each
permitting authority to coordinate sharing its unique expertise and
standards.
(3)
Pre-Application Consultation. Prior to an Operator submitting an
Oil and Gas Development Plan or Form 2A to the Commission, at the request of
the Relevant Local Government or federal agency, the Director will participate
in a Formal Consultation Process with the Relevant Local Government or federal
agency and the Operator to discuss Oil and Gas Location siting, alternative
location analysis, Best Management Practices, conditions of approval,
anticipated milestones and events in the state and federal or local permitting
processes, opportunities for collaboration, and other related topics regarding
the Operator's planned development within the Relevant Local Government's or
federal agency's jurisdiction.
(4)
Sequential Permitting. An Operator may pursue a permit from the
federal government or a Relevant Local Government before applying for an Oil
and Gas Development Plan pursuant to Rule 303.
A. If the Operator chooses to seek a permit
from the federal government or a Relevant Local Government before applying for
an Oil and Gas Development Plan, during the course of the federal or Local
Government permit review process, for any proposed location that meets one or
more of the criteria in Rule 304.b.(2).B the Operator may submit an alternative
location analysis to the Director that meets the criteria of Rule
304.b.(2).C.
B. If the Operator
provides the Director with an alternative location analysis pursuant to Rule
301.f.(4).A, the Director will participate in a Formal Consultation Process
with the Operator and the Relevant Local Government or federal agency about the
proposed alternative locations prior to the Operator submitting a permit
application to the Commission.
C.
To promote the resolution of issues to the extent possible, a Relevant
Local Government or federal agency may request that the Director
participate as a referral agency in a Formal Consultation Process about
proposed alternative locations for any location that meets the criteria of Rule
304.b.(2).B. If the Director receives such a request, the Operator will provide
the Director with an alternative location analysis that meets the criteria of
Rule 304.b.(2).C that may be used as a basis for the Formal Consultation
Process. If the Director receives such a request, the Director will use best
efforts to identify any potential conflicts, differences, or concerns that may
exist regarding the proposed location(s) and the Commission's Rules.
