Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 604 - SETBACKS and SITING REQUIREMENTS
Universal Citation: 2 CO Code Regs 404-1 ยง 604
Current through Register Vol. 47, No. 17, September 10, 2024
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.(5) 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,
including Disproportionately Impacted Communities. The Commission will base its
finding on information including but not limited to:
A. The Director's Recommendation on the Oil
and Gas Location pursuant to Rule 306.b;
B. The extent to which the Oil and Gas
Location design and any planned Best Management Practices, preferred control
technologies, and conditions of approval avoid, minimize, and mitigate adverse
impacts, considering:
i. Geology, technology,
and topography;
ii. The location of
receptors and proximity to those receptors; and
iii. The anticipated size, duration, and
intensity of all phases of the proposed Oil and Gas Operations at the proposed
Oil and Gas Location.
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.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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