Current through Register Vol. 47, No. 17, September 10, 2024
a.
When the Director May Issue a
Recommendation. The Director will not make a Recommendation to the
Commission about whether to approve or deny any Oil and Gas Development Plan
until:
(1) The Director has fully reviewed the
Oil and Gas Development Plan and all supporting application materials and has
obtained all information necessary to evaluate the proposed operation and its
potential impacts on public health, safety, welfare, the environment, and
wildlife resources;
(2) The
Director has reviewed and commented on the Drilling and Spacing Unit
application, if submitted with the Oil and Gas Development Plan;
(3) The public comment period has ended and
the Director has considered all substantive public comments received, including
comments from the Relevant Local Government(s) or Proximate Local
Government(s);
(4) If applicable,
CPW, CDPHE, and Public Water System consultations have been completed and
submitted to the Director; and
(5)
The Director determines that the Operator has provided adequate Financial
Assurance as required by the Commission's 700 Series Rules for both the
proposed Oil and Gas Development Plan and all existing facilities owned by the
Operator, and that the Operator is in compliance with the Annual Registration
and fee requirements for the current year pursuant to Rule 205.c.
b.
Director's
Recommendation.
(1)
Approval. The Director may Recommend that the Commission approve
an Oil and Gas Development Plan that:
A.
Complies with all requirements of the Commission's Rules; and
B. In the Director's judgment, protects and
minimizes adverse impacts to public health, safety, welfare, the environment,
and wildlife resources.
(2)
Conditions of Approval.
A. The Director may Recommend that the
Commission add conditions to the approval that are necessary and reasonable to
protect and minimize adverse impacts to public health, safety, welfare, the
environment, and wildlife resources.
B. For any proposed Oil and Gas Development
Plan that includes proposed Oil and Gas Locations that have already been
approved by the federal agency or agencies, the Director will consider
environmental analyses and federal stipulations and conditions of approval
before Recommending any additional conditions of approval.
(3)
Denial. If the Director
determines that an application 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 Director may Recommend that the
Commission deny the Oil and Gas Development Plan.
c.
Notice of Recommended
Decision. Upon making a Recommendation that the Commission approve or
deny an Oil and Gas Development Plan, the Director will post the written basis
for the Director's Recommendation on the Commission's website, file its
Recommendation with the Hearings Unit, and notify the following persons
electronically in a manner determined by the Director:
(1) The Surface Owner(s) whose contact
information was provided pursuant to Rule 304.b.(12).A;
(2) The Operator;
(3) The Relevant Local
Government(s);
(4) All Proximate
Local Governments;
(5) CDPHE, if
consultation occurred subject to Rule 309.f;
(6) CPW, if consultation occurred subject to
Rule 309.e;
(7) Public Water
System(s), if consultation occurred pursuant to Rule 309.g;
(8) The Colorado State Land Board (if a
mineral owner);
(9) The appropriate
federal agency (if any federal entity is mineral owner); and
(10) Any person or entity that has provided a
comment electronically pursuant to Rule 303.d.(1).
d. If the Director does not issue a
Recommendation within 120 days of a completeness determination, the Operator
may move for a hearing before the Commission, Administrative Law Judge, or
Hearing Officer. At such hearing, the Director will provide an explanation of
the status of the Director's review of the Oil and Gas Development Plan and any
reasons for delay. For an Oil and Gas Development Plan within an approved CAP,
the Operator may move for a hearing if the Director does not issue a
Recommendation within 90 days of a completeness determination.
