(a) A draft EIR shall contain a brief summary of the proposed actions and its consequences. The language of the summary should be as clear and simple as reasonably practical.
(b) The summary shall identify:

(1) Each significant adverse effect and impact with proposed mitigation measures and alternatives that would reduce or avoid that effect or impact;
(2) Areas of controversy known to the County including issues raised by agencies and the public; and
(3) Issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects.

(c) The summary shall not exceed 15 pages.
 

9.6.1.5. Project Description.
The description of the project shall contain the following information but shall not supply extensive detail beyond that needed for evaluation and review of the environmental impact.

(a) The precise location and boundaries of the proposed oil or gas facility containing all mineral estate fee interests, or oil and gas leases in the same ownership. Such location and boundaries shall be shown on a detailed topographical map. The location of the project shall also appear on a regional map.
(b) A statement of the objectives sought by the proposed oil or gas facility. A clearly written statement of objectives will help the County develop a reasonable range of alternatives to evaluate in the draft EIR and will aid the Board in preparing findings. The statement of objectives should include the underlying purpose of the project.
(c) A general description of the oil and gas project’s technical, economic, and environmental characteristics, considering the principal engineering proposals if any and supporting public service facilities.
(d) A statement briefly describing the intended uses of the draft and final EIRs.

(1) This statement shall include, to the extent that the information is known to the County,

(A) A list of the state, regional and federal agencies that may be expected to use the EIRs in their decision-making, and
(B) A list of permits and other governmental approvals required to implement the project, [and]
(C) A list of related environmental review and consultation requirements required by federal, state, or local laws, regulations, or policies.

(2) All the development approvals required for the oil and gas project shall be listed in the order in which they will occur.

9.6.1.6. Environmental Setting.

(a) A draft EIR must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced, from both a County, sub-county area, regional, and state perspective. This environmental setting will normally constitute the baseline physical conditions by which the County determines whether an adverse effect or impact is significant. The description of the environmental setting shall be no longer than is necessary to an understanding of the significant effects of the proposed oil and gas project and its alternatives.

(b) Knowledge of the County and regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to the County and region and would be affected by the project. The draft EIR must demonstrate that the significant environmental effects and impacts of the proposed project were adequately investigated and discussed and it must permit the significant adverse effects or impacts of the project to be considered in the full environmental context.

(c) The draft EIR shall discuss any inconsistencies between the proposed oil or gas facility and the General Plan and the General Plan Oil and Gas Element and any applicable Regional Plans or Area Plan, including, but not limited to, the Galisteo Basin Area Plan. Regional plans include, but are not limited to, the applicable air quality attainment or maintenance plan, area-wide waste treatment and water quality control plans, regional transportation-land use plans, habitat conservation plans, natural community conservation plans, historic, cultural and archaeological site and preservation plans.

(d) Where a proposed oil or gas facility is compared with an adopted plan, the analysis shall examine the existing physical conditions at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced as well as the potential future conditions discussed in the plan.

9.6.1.7.1. Consideration and Discussion of Environmental Impacts.
All phases of an oil and gas project must be considered when evaluating its effect and impact on the environment: planning, acquisition, development, and operation. The subjects listed below shall be discussed as directed in Section 9.6.1.7.2, below, § 150B-9.6.1.7.3 Consideration and Discussion of Mitigation Measures Proposed to Minimize Significant Effects, and § 150B-9.6.1.7.4 Consideration and Discussion of Alternatives to the Proposed Project, preferably in separate sections or paragraphs of the draft EIR. If they are not discussed separately, the draft EIR shall include a table showing where each of the subjects is discussed.

(a) Significant Environmental Effects of the Proposed Project.
(b) Significant Environmental Effects Which Cannot be Avoided if the Proposed Project is Implemented.
(c) Significant Irreversible Environmental Changes Which Shall be Involved in the Proposed Project Should It be Implemented.
(d) Growth-Inducing Adverse Effects or Impacts of the Proposed Project.
(e) The Mitigation Measures Proposed to Minimize or Eliminate the Significant Effects or Impacts.
(f) Alternatives to the Proposed Project, Including No Oil or Gas Drilling.

9.6.1.7.2. Consideration and Discussion of Significant Environmental Impacts.

(a) The Significant Environmental Effects of the Proposed Oil and Gas Project.
A draft EIR shall identify and focus on the significant environmental effects of the proposed oil and gas facility. In assessing the impact of a proposed oil and gas project on the environment, the County shall limit its examination to changes in the existing physical conditions in the affected area as they exist at the time the notice of preparation is published, or where no notice of preparation is published, at the time environmental analysis is commenced. Direct and indirect significant effects and impacts of the project on the environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects and impacts. The discussion shall include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems, changes induced in the human use of the land, health and safety problems caused by the physical changes, and other aspects of the resource base such as water, historical, cultural and archaeological resources, scenic quality, and adequacy of public facilities and services. The draft EIR shall also analyze any significant environmental effects the facility might cause by bringing development, and/or subsurface drilling projects into the area affected. For example, a draft EIR on an oil and gas facility astride an active fault line or other geological condition threatening to degrade groundwater resources should identify as a significant effect the seismic and geo-hydrological hazard.

(b) Significant Environmental Effects Which Cannot be Avoided if the Proposed Oil and Gas Project is Implemented.
Describe significant adverse effects and impacts, including those which can be mitigated but not reduced to a level of insignificance. Where there are effects and impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the oil and gas project is being proposed shall be described.

(c) Significant Irreversible Environmental Changes Which Would be Caused by the Proposed Oil and Gas Project Should it be Implemented.
Uses of nonrenewable resources during the initial and continued phases of the oil and gas project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary effects and impacts and, particularly, secondary effects and impacts (such as highway improvements required to provide access to a previously inaccessible area) generally commit future generations to similar uses. Irreversible damage can result from environmental accidents, spills, explosions or fires associated with the oil and gas project. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified. Any and all potential effects on global warming attributable to the Oil or Gas Facility must be thoroughly analyzed, including necessary mitigation to minimize such effects and impacts. Applicant must comply with all New Mexico state statutes and regulations regarding global warming. In addition, Applicant must use the best available technology to analyze, report and mitigate any global warming effect associated with the Oil or Gas Facility.

(d) Other Adverse Effects or Growth-Inducing Impacts of the Proposed Project.
Discuss other characteristics of the project which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. Discuss the characteristics of the project, especially the drilling aspect of the project, which may decrease the area’s suitability for other uses such as residential, commercial, historical, cultural, archaeological, environmental, eco-tourism or scenic uses.

9.6.1.8. Organizations and Persons Consulted. 
The draft EIR shall identify all federal, state, or local agencies, Indian communities, or other organization, and interested persons consulted in preparing the draft EIR.

9.6.1.9. Discussion of Cumulative Impacts. See § 150B-9.6.1.9 Discussion of Cumulative Impacts for details.

9.6.1.10. Procedures For Adopting the Draft EIR.

9.6.1.10.1. Two public hearings shall be held by a Hearing Officer prior to submission of the draft EIR to the Board for consideration and adoption of a Final EIR.

9.6.1.10.2. The first public hearing shall be held early in the process of gathering data and information, so that the public has the opportunity to input into the EIR process. The second public hearing shall be held upon the consultants’ completion of the draft EIR. Upon receiving public comments, testimony and evidentiary exhibits at the first public hearing, the Hearing Officer shall forward such information to the consultants for inclusion in the draft EIR that will be forwarded to the Board for consideration in adopting the Final EIR.

9.6.1.11. Contents of Final Environmental Impact Report.

The final EIR shall consist of:

(a) The draft EIR or a revision of the draft.
(b) Comments and recommendations received on the draft EIR either verbatim or in summary by the applicant.
(c) The responses and recommendations of interested persons, organizations, Indian communities and State, Federal, or other public agencies and utilities commenting on the draft EIR.
(d) The responses of the County to significant environmental points raised in the review and consultation process.
(e) Any other information added by the County.
 

9.6.1.12. Adoption of Final Environmental Impact Report.
The final EIR shall be adopted by the Board at the public hearing held concurrently for development approval of the application for an Oil and Gas Overlay Zoning District Classification.

See SECTION 9: OIL AND GAS OVERLAY ZONING DISTRICT CLASSIFICATION for complete, detailed information.