REVIEW CRITERIA.
Each Application for approval of an SUDP shall be reviewed by the CDRC:

11.14.1. for consistency with the General Plan Oil and Gas Element, any applicable Area Plan including but not limited to a Galisteo Area Plan, and with the development order issued by the Board on the Overlay Zone Application.

11.14.2. to determine whether the proposed Oil or Gas Facility or Facilities meet or exceed the performance standards as set forth in SECTION 11.17: BONDS AND INSURANCE and SECTION 11.18: STANDARDS FOR OIL AND GAS FACILITIES;

11.14.3. to determine whether the proposed location is compatible with adjoining uses given the size, design and operational characteristics of the proposed Oil or Gas Facility or Facilities, and whether the Facility or Facilities can be made compatible with the surrounding area by using reasonable efforts to mitigate the possible adverse consequences of operation of the Oil or Gas Facility or Facilities. Factors to be considered include impacts on property values, public safety, impacts on cultural, historical and archeological resources, emergency service response, wildlife and vegetation resources, noise, impacts on roads and highways, vibration, odor, glare, fire protection, access, visual impacts, and impacts upon air and water quality and quantity, the past performance of the Operator’s past compliance (or lack thereof) with federal, state and local laws pertaining to oil and gas exploration and production activities.

11.14.4. to determine whether the proposed Facility or Facilities will be detrimental to the safety, health, prosperity, order, comfort and convenience of the County pursuant to NMSA 1978, section 4-37-1.

11.14.5. to the extent consistent with the other Review Criteria, to locate the Facility or Facilities within the area determined by the OCD for such Facility or Facilities.

11.14.6. to determine if the proposed location is in a geologic hazard area or an area with slopes equal to or exceeding eleven percent (11%).

11.14.7. to determine whether the requirements for co-location and directional drilling have been met, and to determine whether the surface area occupied by the project is less than or equal to acreages permitted under this Ordinance.

11.14.8. to determine whether the Operator has violated any federal, state, and local laws regulating or pertaining to oil and gas exploration and production either in the United States or elsewhere. Relevant considerations include whether the Operator has experienced spills or leaks, water contamination (whether surface or subsurface), other environmental problems; the Operator or Owner’s prior reclamation activities; whether the Operator has damaged fauna, flora, historical, cultural or archaeological resources, streams, wetlands, floodway, and floodplains, hillsides, and adjacent properties in previous operations; as well as any measures taken by the Operator to alleviate any such problems.

11.14.9. Whether the proposed Oil or Gas Facility will have an adverse effect or impact on any fiscal, economic or environmental factors, including County services including budgets, housing, water supplies, transportation systems, utilities, health care, law enforcement and fire protection, emergency response, and whether the proposed facility will be detrimental to the public health, and safety.

CDRC DEVELOPMENT ORDER.
The CDRC shall render a decision on the SUDP Application within 90 days of the Administrator’s certification that the Application is complete. The CDRC may approve, conditionally approve, or deny the SUDP Application and shall issue a written development order with findings of fact and conclusions of law.

ADDITIONAL PERMITS.
11.16.1. Once an SUDP has been issued for an Oil or Gas Facility or Facilities, the Applicant shall apply for all required grading and building permits and obtain a Certificate of Completion before any drilling, operation, production, workover, maintenance, repair and testing and all other usual and customary activities associated with the exploration for, and the development, operation and production of oil and/or gas shall commence within the scope of the terms of the SUDP development order.

11.16.2. If construction has not commenced on any Oil or Gas Facility or Facilities authorized by the terms of the SUDP within 18 months of its issuance, the SUDP shall expire and the Applicant shall be required to file a new Application for an SUDP before taking steps leading to the construction of an Oil or Gas Facility or Facilities.

See SECTION 11: OIL AND GAS SPECIAL USE AND DEVELOPMENT PERMIT PROVISIONS for complete, detailed information.
See Permit Applications for more information.