An applicant who submits an application for approval of an Oil and Gas Overlay Zoning District Classification shall submit a concept plan that includes:
(1) An accurate map of the project area including its relationship to surrounding areas, existing topography and key features;
(2) A detailed description of the proposed oil and gas activities on the entirety of the owner or applicant’s property in the same ownership:
(a) The planning objectives and the character of the development to be achieved through the overlay, and the approximate phases in which the exploration and drilling for and extraction of oil and gas from the property will occur.
(b) The approximate location of all neighboring development areas, subdivisions, residential dwellings, neighborhoods, traditional communities and community centers, and other nonresidential facilities and structures within five (5) miles of the concept plan site perimeter.
(c) The number and type of wells to be drilled, and the approximate location, arrangement, size, floor area ratio of any buildings and structures and parking facilities related to the drilling or exploratory activities.
(d) The proposed traffic circulation plan, including number of daily and peak hour trips to and from the site and the proposed traffic routes to the nearest intersection with I-25 (and NM-285 if located in the Galisteo Basin).
(e) The approximate or exact location of all fire, police, and emergency response service facilities and all roads shown on the capital improvement plan, budget and program for the area, floodways, floodplains, wetlands or other natural resource areas surrounding the applicant’s property; location of historic, cultural and archeological sites and artifacts, steep slopes greater than 11%, wildlife and vegetation habitats and habitat corridors within five (5) miles of the concept plan site perimeter.
(f) A statement explaining how the proposed overlay complies with the vision, goals, objectives, policies and strategies of the County’s General Plan Oil and Gas Element and any Area Plan covering the property, including but not limited to, the Galisteo Basin Area Plan.
(g) A statement or visual presentation of how the overlay will relate to and be compatible with adjacent and neighboring areas, within the five (5) mile radius of the project site perimeter.
(h) All application requirements set out in this Ordinance.
(3) All information required by the Administrator for the preparation of assessments, reports, plan or studies necessary to evaluate adverse effects and impacts of the proposed oil and gas project. The following assessments, reports, plan and studies will be prepared by the County, or by a professional consultant or consulting firm engaged by the County. The applicant, at the time of submission of the application, shall pay by certified check or furnish a suitable letter of credit from a banking institution, payable to the County at the time of the application for the cost to the County for retaining consultants and for the cost of a Hearing Officer presiding over the pre-application meeting, for each of the following required studies:
(4) Such other information as the Administrator shall require, including any additional information necessary to determine compliance with the standards for the approval of the Oil and Gas Overlay Zoning District Classification.
(5) The applicant shall submit all information at the time of application, required by the County necessary to carry out the above studies, reports, plan and assessments. In addition to the assessments, reports, plan or studies to be conducted by the County, listed in Section 9.6(3)(a)–(g) above, the applicant and any other interested party shall have the opportunity to prepare and furnish to the County its own assessments, plan, reports or studies, or parts thereof, as is deemed suitable and necessary.
(6) Prior to the submission of any application for an Oil and Gas Overlay Zoning District Classification, the applicant shall attend a meeting with all residents, owners/lessees of nonresidential structures, and all owners of subsurface mineral estates and oil and gas lessees within one mile of the perimeter of the project area and with all County groups, foundations and associations that have previously registered with and been accepted by the Administrator for notifications of applications for an Oil and Gas Overlay Zoning District Classifications and Special Use and Development Permits within the County. The applicant shall furnish an address list for the one-mile area to the Administrator who shall send out notices to all affected parties at least five business days prior to the meeting. Such meeting shall be conducted at the offices of the Growth Management Division and shall be presided over by a designated County Hearing Officer. The proceedings shall be informal and designed to resolve, to the extent possible, issues and problems between the parties. Such meeting shall not last longer than three (3) hours without the consent of the applicant, and the Hearing Officer shall have the authority to request invitees to consolidate presentations and otherwise cooperate so that effective and cordial discussion of issues and problems takes place.
(7) The Applicant shall provide certified evidence of public record registration of mineral estate and oil or gas leases within the same ownership.
(8) Existing water wells may be documented by any official document such as deeds and surveys, not exclusively by registration with the Office of State Engineer.
