SPECIAL USE PERMIT AND DEVELOPMENT APPLICATION AND REVIEW PROCESS.
11.8.1. No Special Use Development Permit (SUDP) for the operation of an Oil or Gas Facility shall be issued for property within the County, unless that property has received a development order approving an Oil and Gas Overlay Zoning District Classification for the project as approved by the Board pursuant to
SECTION 9: OIL AND GAS OVERLAY ZONING DISTRICT CLASSIFICATION of the Ordinance.
11.8.2. If a property has received development approval for an Overlay Zone, no Oil or Gas Facility shall be constructed unless an SUDP for such Facility has been issued by the CDRC after a public hearing. Issuance of an SUDP is required before any person may locate a new Oil or Gas Facility or Facilities, to substantially change, expand, or modify an existing Oil or Gas Facility or Facilities, or re-enter a well that has been plugged and abandoned as shown in the records of the OCD.
11.8.3. An Oil or Gas Facility shall not be permitted within a site listed on the National Register for Historic Places, a site designated in the Galisteo Basin Archaeological Sites Protection Act (as amended), 108 Pub. L. No. 208, 118 Stat. 558 (2004), the Cerrillos Hills Historical Park, or the Ortiz Mountains Educational Preserve. Nothing in this paragraph shall prevent accessing oil and gas that lies beneath these areas through directional drilling or other advanced technologies, consistent with the other provisions of this Ordinance, so long as no Oil and Gas Facilities occupy the surface.
11.8.4. Applicants shall submit a single SUDP application for each Oil or Gas Facility located within the same physical surface location. Where a facility or facilities are not utilizing the same physical surface location, a separate SUDP application must be filed for each such individual facility.
11.8.5. An application for an SUDP is required and shall be in writing and signed by a person duly authorized to sign on behalf of the Owner of the mineral estate or the oil and gas lessee. The application shall be filed with the Administrator along with the required submittals set forth in this Ordinance, and the required application fee set forth in
Appendix A of this Ordinance. A separate application shall be required for each well and for each Oil and Gas Facility. Applications may be consolidated and processed simultaneously, but each Oil and Gas Facility shall be considered separately.
11.8.6. An Application for an SUDP shall include the following:
11.8.6.1 The development order of the Board approving the “Oil and Gas Overlay Zoning District classification” establishing where the facility or facilities are to be located; and all documents, reports, plans, assessment reports and development orders in relation to the Overlay Zone proceedings.
11.8.6.2 Copies of all relevant OCD documents filed in conjunction with the facility or facilities, including, but not limited to the application for a permit to drill (C-101) and the drilling plat (C-102);
11.8.6.3 The completed Final Environmental Impact Report, Fiscal Impact Assessment, Water Availability Report, Traffic Impact Assessment, Geo-Hydrological Report, Emergency Services Response and Preparedness Plan and Adequate Public Facilities and Services Assessment that served as the basis for the Board’s development order on the Oil and Gas Overlay Zone application.
11.8.6.4 A detailed development plan map with north arrow and appropriate scale for the parcel where the Oil or Gas Facility or Facilities and wells will be sited that shows: the location of the components of the proposed facility or facilities, including, but not limited to, wells, tanks, pipelines, compressors, separators, lights, storage sheds, tank batteries, impoundment facilities, and staging and storage areas; existing improvements; utility easements and rights-of-way, if any; site features, including floodways, streams, floodplains, waterbodies, drainage patterns, aquatic habitat, vegetative and wildlife habitat, historical, cultural and archaeological sites; existing and proposed topography as necessary to portray the direction and slope of the area affected by the Oil or Gas Facility or Facilities; boundaries of the lease; and compliance with all setback requirements set forth in the Board’s development order on the Overlay Zone application.
11.8.6.5 Adequate evidence of satisfaction of the financial assurance and comprehensive general liability insurance requirements.
11.8.6.6 A detailed reclamation plan, including a re-vegetation plan, that will return the area disturbed by the Oil or Gas Facility or Facilities to its natural condition. The plan must include a provision requiring monitoring on at least an annual basis for a period of ten (10) years. The reclamation plan shall be consistent with requirements imposed by the OCD.
11.8.6.7 If a Change of Operator is desired, a description of the new Operator’s organizational structure, including a description of any wholly owned subsidiaries or parent companies and the relationship of the Operator to those subsidiary or parent companies in the same ownership.
11.8.6.8 If a Change of Operator is desired, a complete list of Oil and Gas Facilities owned or operated in the State of New Mexico, including facilities owned or operated by a parent or subsidiary identified in the previous paragraph; and a list of all oil and gas facilities in which the applicant has had a permit suspended or revoked or paid an administrative fine for violations of law.
11.8.6.9 If a Change of Operator is requested and, approved by the CDRC as an Amendment to the SUDP, a letter of indemnity from a parent or subsidiary corporation with the County identified as a third-party beneficiary shall be provided.
11.8.6.10 If a Change of Operator is requested as an Amendment to the SUDP, a list of Oil and Gas Facilities owned or operated by the Applicant that are not in compliance with regulatory approvals in the relevant jurisdiction. For each such facility listed, provide details concerning the compliance issues experienced;
11.8.6.11 If a new well or a workover of an existing well is proposed, a drilling or workover plan shall be submitted, including the amount, weight and size of conductor pipe, surface pipe and production pipe, and the procedures proposed for cementing each;
11.8.6.12 If plugging and abandonment is proposed, a plugging and abandonment plan shall be submitted that details the proposed operations and is otherwise consistent with requirements imposed by the OCD;
11.8.6.13 The name and address of the person upon whom service of process or legal notice may be made on the Applicant within this State; and
11.8.6.14 A nonresident Applicant shall provide copies of documents establishing the Applicant’s right to do business in the State of New Mexico from the Public Regulation Commission and shall designate a person within the State authorized to receive all notices and service of process;
11.8.6.15 Where the Application is one for the re-entry of an abandoned well, said application shall contain all the information required by this Section, and shall also provide all of the following information:
(a) a statement of:
i. the condition of the abandoned well at the time the application is filed;
ii. the depth to which it is proposed such well shall be deepened; and
iii. the casing program to be used in connection with the proposed deepening.
(b) a statement of the tests which will be run on the casing strings to show that the casing strings meet the same requirements for an original well. Include any proposed remedial cementing.
NOTICE.
The same Notice shall be provided by the Applicant required for the Application for the Oil and Gas Overlay Zoning District Classification, as specified in
§ 9.8: LA CIENEGA AND LA CIENEGUILLA COMMUNITY DISTRICT OVERLAY of the Ordinance.
APPLICATION FEE.
Each Application for approval of an SUDP shall be accompanied by a nonrefundable application fee in the amount set forth in Appendix A, The application fee shall be paid by cashier’s check, wire transfer or certified funds.
REFERRALS.
11.11.1. The Administrator shall refer an Application for approval of an SUDP to other government agencies, cities, or entities having a statutory interest in the matter, or otherwise affected by the Application, for review and comment, including but not limited to, specifically, the New Mexico Oil Conservation Division, the New Mexico Taxation and Revenue Department, the New Mexico Environment Department, the New Mexico State Engineer, and the New Mexico State Land Office and the City of Santa Fe.
11.11.2. The County may, in its discretion and at the expense of the Applicant, hire experts to review the Application and submittals or to evaluate specific technical issues, or require the Applicant to retain experts to provide analysis and studies of relevant issues to support the Application.
11.11.3. When an Application is scheduled for public hearing, the Administrator shall provide any comments received by other government agencies at the public hearing held on the Application.
See
SECTION 11: OIL AND GAS SPECIAL USE AND DEVELOPMENT PERMIT PROVISIONS for complete, detailed information.
See
Permit Applications for more information.
