2 Colo. Code Regs. § 404-1-1202

Current through Register Vol. 47, No. 19, October 10, 2024

Section 2 CCR 404-1-1202 - OPERATING REQUIREMENTS

a. The operating requirements identified in this Rule 1202.a apply to Oil and Gas Operations statewide unless the Operator obtains a signed waiver from CPW and the Director or Commission approves a Form 4, Sundry Notice or Form 2A documenting the relief.

(1) In black bear habitat, Operators will install and utilize bear-proof dumpsters and trash receptacles for food-related trash at all facilities that generate trash.

(2) Operators will disinfect water suction hoses and water transportation Tanks withdrawing from or discharging into surface waters (other than contained Pits) used previously in another river, intermittent or perennial stream, lake, pond, or wetland and discard rinse water in an approved disposal facility. Disinfection practices will be repeated prior to completing work and before moving to the next water body. Disinfection will be performed by scrubbing and pre-rinsing equipment away from water bodies to remove all mud, plants, and organic materials and then by implementing one of the following practices:

A. Spray/soak equipment with a CPW-approved disinfectant solution capable of killing whirling disease spores and other aquatic nuisance species defined by CPW; or

B. Spray/soak equipment with water greater than 140° Fahrenheit for at least 10 minutes. All equipment and any compartments they contain will be completely drained and dried between each use.

(3) At new and existing Oil and Gas Locations, Operators will not situate new staging, refueling, or Chemical storage areas within 500 feet of the Ordinary High Water Mark ("OHWM") of any river, perennial or intermittent stream, lake, pond, or wetland.

(4) To prevent access by wildlife, including birds and bats, Operators will fence and net or install other CPW-approved exclusion devices on new Drilling Pits, Production Pits, and other Pits associated with Oil and Gas Operations that are intended to contain Fluids.

A. Such fencing and netting or other CPW-approved exclusion device will be installed within 5 days after the cessation of active drilling and completion activities and maintained until the Pit is removed from service and dried or closed pursuant to the Commission's 900 Series Rules.

B. The Director may require an operator to fence and net or install other CPW-approved exclusion devices on an existing Pit if the Director determines that the installation is necessary and reasonable to protect Wildlife Resources based on the analysis required by Rule 909.j, or other information that demonstrates additional protections for Wildlife Resources are appropriate.

C. Operators will properly maintain and repair all fences, nets, and CPW-approved exclusion devices required by this Rule 1202.a.(4).

(5) For trenches that are left open for more than 5 consecutive days during construction of Pipelines regulated pursuant to the Commission's 1100 Series Rules, Operators will install wildlife escape ramps at a minimum of one ramp per 1/4 mile of trench.

(6) When conducting interim and final Reclamation pursuant to Rules 1003 and 1004, Operators will use CPW-recommended seed mixes for Reclamation when consistent with the Surface Owner's approval and any local soil conservation district requirements.

(7) Operators will use CPW-recommended fence designs when consistent with the Surface Owner's approval and any Relevant Local Government requirements.

(8) Operators will conduct all vegetation removal necessary for Oil and Gas Operations outside of the nesting season for migratory birds (April 1 to August 31). For any vegetation removal that must be scheduled between April 1 to August 31, Operators may implement appropriate hazing or other exclusion measures prior to April 1 to avoid take of migratory birds. If hazing or other exclusion measures are not implemented, Operators will conduct pre-construction nesting migratory bird surveys within the approved disturbance area prior to any vegetation removal during the nesting season. If active nests are located, Operators will provide work zone buffers around active nests.

(9) Operators will treat Drilling Pits, Production Pits, and any other Pit associated with Oil and Gas Operations containing water that provides a medium for breeding mosquitoes with Bti (Bacillus thuringiensis v. israelensis) or take other effective action to control mosquito larvae that may spread West Nile virus to Wildlife Resources. Such treatment will be conducted in a manner which will not adversely affect aquatic Wildlife Resources.

(10) Operators will employ the following minimum Best Management Practices on new Oil and Gas Locations with a Working Pad Surface located between 500 feet and 1000 feet hydraulically upgradient from a High Priority Habitat identified in Rule 1202.c.(1).Q-S:

A. Contain Flowback and Stimulation Fluids in Tanks that are placed on a Working Pad Surface in an area with downgradient perimeter berming;

B. Construct lined berms or other lined containment devices pursuant to Rule 603.o around any new crude oil, condensate, and produced water storage Tanks that are installed after January 15, 2021;

C. Inspect the Oil and Location on a daily basis, unless the approved Form 2A provides for different inspection frequency or alternative method of compliance;

D. Maintain adequate Spill response equipment at the Oil and Gas Location during drilling and completion operations; and

E. Not construct or utilize any Pits, except that Operators may continue to utilize existing Pits that were properly permitted, constructed, operated, and maintained in compliance prior to January 15, 2021.

b. Operators will bore, rather than trench, Flowline and utility crossings of perennial streams identified as aquatic High Priority Habitat unless the Operator obtains a signed waiver from CPW and the Director or Commission approves a Form 4 or Form 2A documenting the relief. When installing culverts or bridges, such structures will not impact or prevent the passage of fish unless otherwise directed by CPW.

c. Except as specified pursuant to Rule 1202.c.(2), Operators will not conduct any new ground disturbance and Well work, including access road and pad construction, drilling and completion activities, and Flowline/utility corridor clearing and installation activities in the High Priority Habitats listed in Rule 1202.c.(1).

(1) High Priority Habitats subject to this Rule 1202.c include:

A. Columbian sharp-tailed grouse (within 0.6 miles of the lek site);

B. Greater prairie chicken (within 0.6 miles of the lek site);

C. Greater sage-grouse (within 1.0 miles of the lek site);

D. Gunnison sage-grouse (within 1.0 miles of the lek site);

E. Lesser prairie chicken (within 1.25 miles of the lek site);

F. Plains sharp-tailed grouse (within 0.4 miles of the lek site);

G. Bald eagle (within 0.25 miles of an active nest);

H. Ferruginous hawk (within 0.5 miles of an active nest);

I. Golden eagle (within 0.25 miles of an active nest);

J. Northern goshawk (within 0.5 miles of an active nest);

K. Peregrine falcon (within 0.5 miles of an active nest);

L. Prairie falcon (within 0.5 miles of an active nest);

M. Least tern production area;

N. Piping plover production area;

O. Townsend's big-eared bat, Mexican free-tailed bat, and myotis (within 350 feet of winter hibernacula);

P. Bighorn sheep production area;

Q. Waters identified by CPW as "Gold Medal" (within 500 feet of OHWM);

R. Cutthroat trout designated crucial habitat and native fish and other native aquatic species conservation waters (within 500 feet of OHWM);

S. Sportfish management waters not identified by CPW as "Gold Medal" (within 500 feet of OHWM); and

T. CPW-owned State Wildlife Areas and State Parks.

(2) This Rule 1202.c does not apply to:

A. Production operations at existing Oil and Gas Locations, including:

i. Routine maintenance, repairs, and replacements of Production Facilities that do not require a drilling or workover rig;

ii. Emergency operations;

iii. Spill and Release response;

iv. Ongoing Reclamation and site maintenance activities;

v. Habitat improvements that have been approved by CPW or the Commission to Mitigate Adverse Impacts to Wildlife Resources at existing facilities; or

vi. Commission- or Director-requested work.

B. Non-emergency workovers, including uphole recompletions, plugging operations, and site investigation and Remediation at existing Oil and Gas Locations, if:

i. The Operator has obtained prior approval from the Director;

ii. The Operator has consulted with CPW; and

iii. The Operator Minimizes Adverse Impacts to the species for which the High Priority Habitat exists.

C. Access road construction and Flowline/utility corridor clearing and installation activities within the High Priority Habitat identified in Rules 1202.c.(1).Q-S in association with an approved Form 2A may be allowed subject to Best Management Practices or other avoidance measures agreed to in consultation with CPW.

d. All Oil and Gas Development Plans submitted after January 15, 2021, including amendments to previously-approved Form 2As, that cause the density of Oil and Gas Locations to exceed 1 per square mile in the High Priority Habitats listed in Rule 1202.d require a CPW-approved Wildlife Mitigation Plan pursuant to Rule 1201.b or other CPW-approved conservation plan and compensatory mitigation for Wildlife Resources pursuant to Rule 1203. This Rule 1202.d applies to the following High Priority Habitat types:

(1) Bighorn sheep migration corridors and winter range;

(2) Elk migration corridors, production areas, severe winter range, and winter concentration areas;

(3) Mule deer migration corridors, severe winter range, and winter concentration areas;

(4) Pronghorn migration corridors and winter concentration areas;

(5) Greater sage-grouse priority habitat management areas;

(6) Columbian sharp-tailed grouse production areas;

(7) Greater prairie chicken production areas;

(8) Gunnison sage-grouse occupied habitat and production areas;

(9) Lesser prairie chicken focal areas; and

(10) Plains sharp-tailed grouse production areas.

2 CCR 404-1-1202

37 CR 16, August 25, 2014, effective 9/30/2014

38 CR 01, January 10, 2015, effective 2/14/2015

38 CR 03, February 10, 2015, effective 3/2/2015

38 CR 07, April 10, 2015, effective 4/30/2015

38 CR 16, August 25, 2015, effective 9/14/2015

39 CR 04, February 25, 2016, effective 3/16/2016

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 06, March 25, 2018, effective 5/1/2018

41 CR 23, December 10, 2018, effective 12/30/2018

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 17, September 10, 2019, effective 9/30/2019

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 17, September 10, 2020, effective 9/30/2020

43 CR 13, July 10, 2020, effective 11/2/2020

43 CR 24, December 25, 2020, effective 1/15/2021

45 CR 07, April 10, 2022, effective 4/30/2022

45 CR 09, May 10, 2022, effective 5/30/2022

45 CR 13, July 10, 2022, effective 7/30/2022