COMPLIANCE WITH ORDINANCE REQUIRED.
No person shall commence construction or operate any Oil or Gas Facility without first receiving a Special Use and Development Permit (“SUDP”) issued by the CDRC together with subsequent Grading and Building Permits and a Certificate of Completion as provided for in this Section. A separate SUDP shall be required for each separate Oil or Gas Facility.
EFFECT OF PERMIT.
11.2.1. When an SUDP has been issued for an Oil and Gas Facility or Facilities (“Facility”), such permit together with subsequent Grading and Building Permits as required and a Certificate of Completion shall constitute sufficient authority for commencement of drilling, operation, production, workover, maintenance, repair and testing and all other usual and customary activities associated with the exploration, development, operation and production of oil and gas.
11.2.2. An SUDP issued pursuant to this Ordinance shall expire or be revoked after a duly noticed public hearing held by the Board, if construction of the Oil and Gas Facility is not completed within two (2) years of the date of development approval of the SUDP (and the completion of administrative and judicial appeals), with the following exceptions: (i) a multiyear phased project that is approved by the development order approving the SUDP; (ii) an Oil and Gas Facility that is substantially completed.
11.2.3. Any development order granting, granting with conditions or denying an SUDP or an amendment to the SUDP shall be appealable to the Board by the applicant, any interested party or by the Administrator within thirty (30) days after issuance of the development order, by the CDRC.
AMENDMENTS, SUPPLEMENTAL PERMITS.
11.3.1. An amendment to the SUDP shall be required prior to undertaking any substantial modification to the Oil and Gas Facility including, but not limited to, recompletion of a well or substantially altering equipment at the facility, a change in well configuration or type of product being produced (e.g. oil or gas), or a substantially altering the site layout, or any material change from conditions presented by the Applicant during the initial permitting process (including but not limited to a substantial increase in traffic or water use or consumption from that authorized or predicted in the assessments submitted for the Overlay Zoning, use of different materials or processes than those disclosed during permitting, substantial change in type of operations[)]. Any change in the location of wells shall require a reapplication for amendments to both the Overlay Zoning and SUPD development orders.
11.3.2. Any operation that deviates from the SUDP order that the Operator determines in good faith is extremely necessary to preserve the public health, safety or welfare or to prevent property damage or pollution may be done on an immediate basis without prior notice or approval by the County. The Applicant shall provide the Administrator with notification of such emergency modifications within six (6) hours after determining the need for emergency modifications, and thereafter by filing a request for a written amendment to the SUPD development order, specifying the modifications made, within two (2) working days of completion.
11.3.3. Once a well has either been completed as a producer or abandoned as a dry hole, an amendment to the SUPD is required to recomplete the well. The application for the SUDP amendment shall specify:
a. The condition of the well and the casing therein;
b. The depth to which it is proposed such well be deepened or the new intervals to be perforated;
c. The proposed casing program to be used in connection with proposed deepening operations; and
d. Evidence of adequate current tests showing that the casing strings in the well passed such tests.
11.3.4. In the event the CDRC is satisfied that the well may be reworked with the same degree of safety as existed in the original well, an amendment to the SUDP may be issued authorizing the operation. In any reworking operation, the Operator shall comply with all other provisions contained in this Ordinance.
See
SECTION 11: OIL AND GAS SPECIAL USE AND DEVELOPMENT PERMIT PROVISIONS for complete, detailed information.
See
Permits and Applications for more information.