2 Colo. Code Regs. § 404-1-1302

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 404-1-1302 - GENERAL REQUIREMENTS FOR APPROVAL, CHANGES TO OPERATIONS, AND FILING FEES FOR DEEP GEOTHERMAL OPERATIONS

a.Approval. All Deep Geothermal Operations governed by any regulation in this Series require written approval of the Director or Commission. The Director or Commission will approve Deep Geothermal Operations only if they protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources, and avoid, minimize, and mitigate adverse impacts to Disproportionately Impacted Communities. Deep Geothermal Operators will obtain the approval of the Director or Commission through the procedures set forth in the Commission Rules. The Director or Commission may require any conditions of approval that are determined to be necessary and reasonable to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources, or avoid, minimize, and mitigate adverse impacts to Disproportionately Impacted Communities. When providing a Director's Recommendation for permit applications pursuant to this 1300 Series, the Director may add conditions of approval that are necessary and reasonable to protect public health, safety, and welfare, including the protection of the environment and wildlife resources.

b.Denial. The Director or Commission may deny a permit application for Deep Geothermal Operations if it does not comply with the Commission's Rules or the Geothermal Act.

c.Changes to Approved Permits for Deep Geothermal Operations.

(1) Operators will file any proposed change to an approved permit for Deep Geothermal Operations with the Director in writing through a Form 4, Sundry Notice. The Director will review and approve or deny the proposed change, unless the Director determines that the proposed change is significant and requires Commission approval.

A. When submitting a Form 4 pursuant to this Rule 1302.c.(1) proposing changes to a Deep Geothermal Location, the Operator will provide notice and a copy of the Form 4 to the Relevant and Proximate Local Government within two business days of submitting the Form 4 to the Commission.

(2) The Operator will not begin work until the Director or Commission provides written approval.

(3) The Director or Commission will only approve changes that comply with the Geothermal Act and the Commission's Rules.

d.Filing Fees. Operators will pay filing fees at the time of applying for a permit for Deep Geothermal Operations, a Form 2G, Location Assessment; a Form 2, Application for Permit-to-Drill; or a Geothermal Resource Unit (see Appendix III). Geothermal Science Wells will be exempt from paying the filing fee. When an Operator applies to Convert a Location or Wellbore, all fees applicable to a permit for Deep Geothermal Operations will be assessed when the Operator files the application.

e. The Director or Commission may request any information necessary and reasonable to make a final determination of approval or denial on any permit application before the Commission. In such information requests, the Director or Commission will provide the reason(s) for the request and a reasonable timeframe for the applicant to provide the information.

f.Coordination with Local Governments and Federal Agencies.

(1)Purpose. The Commission, Local Governments, and federal surface management agencies each have authority to require permits for the surface impacts of Deep Geothermal Operations. Recognizing that each permitting authority brings its own, unique expertise in reviewing a permit, the Commission supports creating coordinated, efficient processes among the permitting authorities.

(2)Concurrent Permitting. Where possible, the Commission prefers Operators to follow the concurrent permit review process described in Rule 303.a.(6).

A. to allow each permitting authority to coordinate sharing its unique expertise and standards.

(3)Sequential Permitting. An Operator may pursue a permit from the federal government or a Relevant Local Government before or after applying for a permit for Deep Geothermal Operations pursuant to Rule 303.a.(6). B.

2 CCR 404-1-1302

47 CR 17, September 10, 2024, effective 9/30/2024