2 Colo. Code Regs. § 404-1-1304

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

Section 2 CCR 404-1-1304 - CONSULTATION

a. Prior to filing its permit application for Deep Geothermal Operations, the Deep Geothermal Operator will request a pre-application consultation between the Commission's planning and permitting staff, those people or entities required to be consulted pursuant to Rules 1303 and 1304, and the Deep Geothermal Operator to discuss the siting, scope, and timing of the proposed Deep Geothermal Operations in addition to those topics specifically addressed in Rule 1304.b.- l.

b.Surface Owners. The Operator and Director will consult in good faith with the Surface Owner or the Surface Owner's appointed agent about the location of all surface disturbances, and in preparation for Reclamation and abandonment. The Surface Owner or appointed agent may submit relevant comments to the Director about any permit application for Deep Geothermal Operations.

(1)Information Provided by Operator. When consulting with the Surface Owner or appointed agent, the Operator will furnish, in writing:

A. All the information required for a complete permit application for Deep Geothermal Operations;

B. The expected date of commencement of operations;

C. Topsoil management practices to be employed; and

D. The location of associated roads, Production Facilities, infrastructure, and any other areas to be used for Deep Geothermal Operations.

(2)Waiver. The Surface Owner or the Surface Owner's appointed agent may waive, permanently or otherwise, their right to consult with the Operator at any time. Such waiver will be in writing and signed by the Surface Owner.

c.Building Unit Owners and Tenants. An Operator and Director will be available to meet for a Formal Consultation Process with residents (including owners and tenants) of Building Units located within 2,000 feet of the proposed Deep Geothermal Location. Building Unit Owners, their agents, their tenants, or a Relevant or Proximate Local Government may request such a meeting.

(1)Information Provided by Operator. When meeting with Building Unit owners or their appointed agent(s) or tenants, the Operator will provide the following information:

A. The date construction is anticipated to begin;

B. The anticipated duration of pad construction, drilling, and completion activities;

C. The types of equipment anticipated to be present on the proposed Deep Geothermal Location;

D. The Operator's interim and final Reclamation obligation;

E. A description and diagram of the proposed Deep Geothermal Location that includes the dimensions of the proposed Deep Geothermal Location and the anticipated layout of production or injection facilities, Pipelines, roads, and any other areas to be used for Deep Geothermal Operations;

F. Information relevant to potential health, safety, welfare, and environmental impacts associated with Deep Geothermal Operations, including but not limited to security, noise, light, odors, dust, and traffic; and

G. Information about proposed Best Management Practices or mitigation measures to avoid, minimize, or mitigate those impacts.

(2)Waiver. The Building Unit owner, agent, or tenant may waive, permanently or otherwise, their respective right to receive notice pursuant to the Commission's Rules. Any such waiver will be in writing, signed by the owner, their agent, or tenant.

(3) The Operator and the Director will consider all concerns related to public health, safety, and welfare, including protection of the environment and wildlife resources, raised by Building Unit owners, their agents, or tenants during the Formal Consultation Process, including concerns raised during informational meetings or in written comments. The Operator will provide a written response to all such concerns to the Director as an attachment to the Form 2G prior to the Director or Commission making a decision on the application pursuant to Rule 1305.

(4) All information provided pursuant to this Rule 1304.c will also be provided in all languages spoken by 5% or more of the population in the census block group(s) within 2,000 feet of each proposed Deep Geothermal Location.

d.Schools, Child Care Centers, and School Governing Bodies.

(1) The Operator will provide a pre-application notice of intent to conduct Deep Geothermal Operations to any relevant School, Child Care Center, and School Governing Body within 2,000 feet as measured from the Deep Geothermal Location to:

A. The property line of a parcel currently owned by the School, Child Care Center, or School Governing Body as identified through county assessor records;

B. The property line of a parcel considered a Future School Facility as identified on the final approved plat that may be obtained from the planning department of the Local Government; or

C. What reasonably appears to be a School Facility (regardless of property ownership) based on the Operator's review of current aerial maps that show surface development or surveys of the area.

(2) The Notice will include:

A. The Operator's contact information;

B. The location and general description of the proposed Deep Geothermal Location, including the cultural distances table as required under Rule 1305.b.(3). B., and drawings, maps, and figures required under Rule 1305.b.(3).C. - O.

C. Contact information of Relevant Local Government;

D. Contact information of state agencies entitled to pre-application consultation pursuant to this Rule 1304, including any community liaisons or community engagement specialists affiliated with such agencies or ECMC;

E. The anticipated date that construction will begin and the expected schedule of drilling and completion activities;

F. A description of the status of the Relevant Local Government's siting disposition, if applicable;

G. Notice that the School Governing Body for the School Facility or Child Care Center may request a consultation to discuss the proposed operations by contacting the Operator, and that the Director may be invited to any meeting; and

H. Notice that the School, Child Care Center, or School Governing Body may submit comments regarding the proposed Deep Geothermal Location to the Commission as part of the Rule 1305.d.(1) public comment period.

e.Colorado Parks and Wildlife.

(1)The Purpose of Consultation. The purpose of consultation with CPW is to provide the Director the information necessary to determine whether an application protects Wildlife Resources and whether conditions of approval are necessary to Avoid, Minimize, or Mitigate Adverse Impacts to Wildlife Resources associated with High Priority Habitats, and protect against adverse impacts to Wildlife Resources resulting from Deep Geothermal Operations. Factors that CPW may take into consideration during consultation include, but are not limited to, the following:

A. Anticipated adverse impacts of the proposed Deep Geothermal Operations on Wildlife Resources;

B. The extent to which the proposed siting of facilities Avoids or Minimizes Adverse Impacts;

C. The extent to which the proposed Deep Geothermal Operations incorporate the use of existing facilities, roads, and Pipeline corridors and limit new surface disturbance and habitat fragmentation;

D. The extent to which the proposed Deep Geothermal Operations use technology and Best Management Practices which are protective of Wildlife Resources, including but not limited to seasonal construction and drilling limitations, noise limitations, remote operations, equipment disinfection, and transporting and storing liquids through Pipelines and large Tanks or other measures to reduce traffic volumes;

E. The extent to which the proposed Deep Geothermal Operations are within land used or designated to be used for residential, industrial, commercial, agricultural, or other purposes, and the existing wildlife disturbance associated with such use; and

F. The extent to which the proposed Deep Geothermal Operations occur on federal or private lands for which the use and access of the lands in question may already be incorporated into a federal planning document, or the private Surface Owner designates the use of the land based on the function and utility of multiple use designations.

(2)When Consultation Must Occur. The Operator will consult with CPW about a permit application for Deep Geothermal Operations or other matter where:

A. A proposed Deep Geothermal Location or associated new access road, utility, or Pipeline corridor falls within High Priority Habitat, a State Park, or a State Wildlife Area;

B. A proposed Deep Geothermal Location or associated new access road, utility, or Pipeline corridor falls within federally designated critical habitat or an area with a known occurrence for a federal or Colorado threatened or endangered species;

C. A proposed Deep Geothermal Location or associated new access road, utility, or Pipeline corridor falls within an existing conservation easement established wholly or partly for wildlife habitat;

D. CPW requests consultation or because consultation is necessary to Avoid, Minimize, or Mitigate reasonably foreseeable Adverse Impacts to Wildlife Resources from a proposed Deep Geothermal Location or other matter where consultation is not otherwise required;

E. The Operator seeks a variance pursuant to Rule 502 from a provision in the Commission's 1200 Series Rules, or from wildlife-specific conditions of approval or Best Management Practices approved on a Form 2G; or

F. The Director determines that consultation would assist the Director in determining whether to recommend approving or denying a permit application for Deep Geothermal Operations.

G. Notwithstanding the foregoing, the requirement to consult with CPW may be waived by CPW at any time. Any waiver will be based on a written finding by CPW that consultation is not necessary to protect Wildlife Resources from quantifiable adverse impacts from Deep Geothermal Operations.

(3)When Consultation is Not Required. Consultation will not be required if:

A. The Director has previously approved a Form 2G and associated Wildlife Protection Plan or Wildlife Mitigation Plan that addresses the proposed Deep Geothermal Location, the proposed operations are in compliance with previously approved plans, and the associated High Priority Habitat maps under which the Director previously approved the Wildlife Protection Plan or Wildlife Mitigation Plan have not changed.

B. CPW has previously approved, in writing, a Wildlife Protection Plan, Wildlife Mitigation Plan, or other conservation plan that remains in effect for the area that includes the proposed Deep Geothermal Operations, the Deep Geothermal Location is in compliance with such plan, and the associated High Priority Habitat maps under which CPW previously approved the Wildlife Protection Plan, Wildlife Mitigation Plan, or other conservation plan have not changed.

C. The Operator demonstrates and CPW agrees in writing that:

i. The identified habitat and species triggering the consultation is no longer present and unlikely to return to the area; or

ii. The proposed Deep Geothermal Location is within an area either primarily or completely developed for residential, agricultural, commercial, or industrial use that makes the area incompatible with wildlife habitat.

D. The proposed new Deep Geothermal Location would involve a one-time increase in surface disturbance of 1 acre or less contiguous with an existing Deep Geothermal Location with a Wildlife Mitigation Plan or other conservation plan that remains in effect for the area.

E. A Commission Order limits the density of Deep Geothermal Locations within a Geothermal Resource Unit to 1 per section, and the Order includes a Wildlife Mitigation Plan or other conservation plan that remains in effect for the area.

(4)Procedures for Consultation.

A. The Operator will provide:

i. The permit application for Deep Geothermal Operations, if applicable, or for consultations that do not involve a permit application for Deep Geothermal Operations, a description of the proposed Deep Geothermal Operations, including their location, and the phasing and duration of operations; and

ii. Any other relevant available information about the proposed Deep Geothermal Operations and the affected Wildlife Resources, including the wildlife habitat drawing pursuant to Rule 1305.b.(3). H. and information required by Rule 1201.

B. If the Operator has made no reasonable accommodation for consultation, the Director will have discretion to postpone making a decision about a permit application for Deep Geothermal Operations to allow consultation to occur if the Director believes the information from consultation is necessary to determine how to protect and Avoid, Mitigate, and Minimize Adverse Impacts to Wildlife Resources.

C. The Surface Owner may waive their right to participate in the consultation and is not obligated to provide access to its surface for such consultation. If access to the surface is not granted, the Operator will arrange a consultation meeting with CPW at a mutually agreeable time and location and the consultation will be based on best available data.

(5)Result of Consultation.

A. As a result of consultation required by this Rule 1304.e., CPW may make written recommendations to the Director about how to protect Wildlife Resources and conditions of approval that are necessary and reasonable to Avoid, Minimize, or Mitigate direct, indirect, and cumulative Adverse Impacts to Wildlife Resources from Deep Geothermal Operations pursuant to Rules 1202 & 1203.

B. CPW may also recommend, in writing, that the Commission deny a permit application for Deep Geothermal Operations, Wildlife Protection Plan, Wildlife Mitigation Plan, or Compensatory Mitigation Plan due to reasonably foreseeable risks or Adverse Impacts to Wildlife Resources that cannot be Avoided, Minimized, or Mitigated to the extent necessary to protect these resources from Deep Geothermal Operations.

C. Except for Rule 1202.c, CPW may waive, in writing, any operating or mitigation requirements otherwise required by Rules 1202 or 1203 based on CPW's analysis of potential Unavoidable Adverse Impacts.

D.For Rule 1202.c:

i. CPW may waive the application of and the Director may grant an exception to Rule 1202.c.(1). R for any new ground disturbance that meets the criteria of Rule 1202.c between 300 feet and 500 feet from the Ordinary High Water Mark ("OHWM") of cutthroat trout designated crucial habitat, and native fish and other native aquatic species conservation waters, if the Operator adheres to the following Best Management Practices:

aa. Contain Flowback and Stimulation Fluids in Tanks that are placed on a Deep Geothermal Location in an area with downgradient perimeter berming;

bb. 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;

cc. Inspect the Deep Geothermal Location on a daily basis, unless the approved Form 2G provides for different inspection frequency or alternative method of compliance;

dd. Maintain adequate Spill response equipment at the Deep Geothermal Location during drilling and completion operations; and

ee. 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.

ii. CPW may waive the application of and the Director may grant an exception to Rule 1202.c.(1). S:

aa. For perennial streams, if the Operator adheres to the following Best Management Practices for any new ground disturbance that meets the criteria of Rule 1202.c between 300 feet and 500 feet from the OHWM of sportfish management waters:

1. Contain Flowback and Stimulation Fluids in Tanks that are placed on a Deep Geothermal Location in an area with downgradient perimeter berming;

2. 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;

3. Inspect the Deep Geothermal Location on a daily basis, unless the approved Form 2G provides for different inspection frequency or alternative method of compliance;

4. Maintain adequate Spill response equipment at the Deep Geothermal Location during drilling and completion operations; and

5. 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.

bb. For ephemeral and intermittent streams, if the Operator adheres to the following Best Management Practices:

1. Contain Flowback and Stimulation Fluids in Tanks that are placed on a Deep Geothermal Location in an area with downgradient perimeter berming;

2. 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;

3. Inspect the Deep Geothermal Location on a daily basis, unless the approved Form 2G provides for different inspection frequency or alternative method of compliance;

4. Maintain adequate Spill response equipment at the Deep Geothermal Location during drilling and completion operations; and

5. 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.

iii. CPW may waive the application of Rule 1202.c.(1). T.

E. Where applicable, CPW may also make written recommendations on whether a variance request pursuant to Rule 502 should be granted, under what conditions, and the reasons for any such recommendations, including requests for variances from Rule 1202.c.(1). Q-S. The Commission will consider the written recommendations of CPW and the relevant federal land management agency, if applicable, including recommended or final federal stipulations and conditions of approval.

(6)Conditions of Approval.

A. If the Director agrees that the conditions of approval or denial as recommended by CPW are necessary and reasonable to Avoid, Minimize, or Mitigate Adverse Impacts to Wildlife Resources, the Director will incorporate CPW's recommended conditions into the Director's approval on approved Form 2G.

B. The Director will not incorporate conditions of approval to Avoid, Minimize, or Mitigate Adverse Impacts to Wildlife Resources into the Director's approval without consent of the affected Surface Owner, unless the Director finds such conditions of approval reasonably necessary to effectuate the Commission's mission. This provision does not apply to conditions of approval to Avoid, Minimize, or Mitigate Adverse Impacts to Wildlife Resources that do not directly impact the affected Surface Owner's property or use of that property including, but not limited to, off-site compensatory mitigation requirements.

C. If the Director determines that any conditions of approval or denial as recommended by CPW are not necessary to Avoid, Minimize, or Mitigate Adverse Impacts to Wildlife Resources, the permit application for Deep Geothermal Operations will be subject to Commission review pursuant to Rule 503.g.(10).

D. The Commission will determine whether to follow CPW's recommendation when making a final decision to approve or deny a permit application for Deep Geothermal Operations.

(7)Notification of Decision to Consulting Agency. Where consultation occurs, the Director will provide the Director's approval or denial to CPW on the same day that the Director or Commission issues such approval or denial.

f.Consultation with CDPHE.

(1)When Consultation Will Occur.

A. The Operator and Director will consult with CDPHE if:

i. A Relevant or Proximate Local Government requests the participation of CDPHE in the Director's consideration of a permit application for Deep Geothermal Operations based on concerns regarding public health, safety, welfare, or impacts to the environment; or

ii. An Operator requests a variance from the Commission pursuant to Rule 502 from a provision of Rules 1305, 408.e, 411, 426, 427, 615, 801, 802, 803.g, 803.h, 806.c, or the Commission's 900 Series Rules as part of a permit application for Deep Geothermal Operations or UIC Aquifer exemption application.

B. The Director may request consultation about any permit application for Deep Geothermal Operations if the Director reasonably believes that consultation with the CDPHE would assist the Director in understanding the potential risks to public health, safety, and welfare, including protection of the environment and wildlife resources.

C. The Director will consult with CDPHE if CDPHE requests consultation.

D. Notwithstanding the foregoing, the requirement to consult with CDPHE may be waived by CDPHE at any time.

(2)Procedure for Consultation.

A. The consultation required by this Rule 1304.f will focus on identifying potential impacts to public health, safety, welfare, or the environment from activities associated with the permit application for Deep Geothermal Operations, and development of conditions of approval or other measures to avoid, minimize, or mitigate those potential adverse impacts.

B. The consultation process may include, but is not limited to:

i. Review of the relevant permit application for Deep Geothermal Operations, variance request, Well-density application, or draft Commission regulation;

ii. Discussions with the Relevant Local Government(s) and Proximate Local Government(s) to better understand the Local Governments' concerns;

iii. Discussions with the Commission, Operator, Surface Owner, Surface Owner's tenant, emergency responders, School officials, hospital administrators, Public Water System administrators, or any other potentially Affected Person; and

iv. Review of public comments.

(3)Results of Consultation.

A. As a result of consultation called for by this Rule 1304.f, CDPHE may make written recommendations to the Director about conditions of approval to ensure compliance with these Rules and as may be necessary and reasonable to protect public health, safety, welfare, or the environment. Such recommendations may include, but are not limited to, monitoring requirements or Best Management Practices. CDPHE may also recommend that the Director or Commission deny a permit application for Deep Geothermal Operations if necessary and reasonable to protect public health, safety, and welfare, including protection of the environment. Where applicable, CDPHE may also make written recommendations about whether a variance request should be granted or denied and the reasons for any such recommendations.

B.Standards for Consultation and Director Decision. If the Director agrees that the conditions of approval recommended by CDPHE are necessary and reasonable to ensure compliance with these Rules and to protect public health, safety, and welfare, including protection of the environment and wildlife resources, the Director will incorporate CDPHE's recommended conditions into approvals of a permit for Deep Geothermal Operations. If the Director determines that any conditions of approval recommended by CDPHE are not necessary and reasonable to protect public health, safety, and welfare, including protection of the environment, the permit application for Deep Geothermal Operations will be subject to Commission review pursuant to Rule 503.g.(10).

C.Notification of Decision to Consulting Agency. Where consultation occurs, the Director will provide the Director's approval or denial to CDPHE on the same day that it announces the decision.

g.Public Water Systems.

(1) The Operator and Director will engage in a Formal Consultation Process with all Public Water Systems that receive notice pursuant to Rule 303.e.(1).H, unless the Public Water System waives its right to consultation.

(2)Groundwater Monitoring. Among other topics, consultations pursuant to Rule 1304.g will address whether groundwater monitoring should occur pursuant to Rule 411.b.(4). B.

h.State Land Board.

(1)When Consultation Will Occur.

A. The Operator and Director will consult with SLB if a permit application for Deep Geothermal Operations will impact any surface estate, mineral estate, geothermal resources, pore space, or water rights owned or managed by SLB.

B. The Director may request consultation about any permit application for Deep Geothermal Operations if the Director reasonably believes that consultation with SLB would assist the director in understanding the potential impact to any surface estate, mineral estate, geothermal resources, pore space, or water rights owned or managed by SLB.

C. The Operator and Director will consult with SLB if SLB requests a consultation regarding impacts to SLB property interests.

D. Notwithstanding the foregoing, the requirement to consult with SLB may be waived by SLB at any time.

(2)Procedure for Consultation. The consultation required by this Rule 1304.h. will focus on whether any real property interest owned or managed by SLB will be impacted by the permit application for Deep Geothermal Operations, and whether SLB has granted to the Operator the necessary permissions to impact such real property interests.

(3)Results of Consultation. As a result of consultation called for by this Rule 1304.h. SLB may make written statements on whether SLB granted to the Operator the necessary permissions to utilize any real property interest owned or managed by SLB and which will be impacted by the permit application for Deep Geothermal Operations.

i.Division of Water Resources.

(1)When Consultation Will Occur. The Operator and Director will consult with DWR on all permit applications for Deep Geothermal Operations.

(2)Procedure for Consultation. The consultation required by this Rule 1304.i. will focus on:

A. DWR's determination, if any, on whether the Geothermal Resource to be developed is an Allocated Geothermal Resource;

B. Whether the Deep Geothermal Operator's proposed Deep Geothermal Operations require a water use permit from DWR; and

C. Any conditions of approval DWR requests for the permit application for Deep Geothermal Operations.

(3)Results of Consultation. As a result of consultation called for by this Rule 1304.i. DWR may:

A. Inform ECMC on whether DWR made a determination pursuant to Rule 1304.i.(2). A. and/or provide written comments on the determination;

B. Inform ECMC on whether the Deep Geothermal Operator has obtained the necessary water use permit(s), if required, and provide written comments regarding the water use permit(s); and

C. Provide written, proposed conditions of approval for the permit application for Deep Geothermal Operations necessary to effectuate DWR's mission.

j.Environmental Protection Agency.

(1)Criteria for Consultation.

A. The Operator and Director will consult with EPA for any permit application for Deep Geothermal Operations which may result in any injection activities regulated under the Safe Drinking Water Act.

B. The Director will consult with EPA for any permit application for Deep Geothermal Operations which may require an aquifer exemption from EPA for Underground Sources of Drinking Water.

C. The Director will consult with EPA if EPA requests consultation.

(2)Procedure for Consultation.

A. The consultation period with EPA may last as long as necessary for EPA to determine whether to issue the necessary authorization to inject pursuant to the Safe Drinking Water Act.

B. The consultation required by this Rule 1304.j. will focus on whether the Operator has obtained the necessary authorization to inject pursuant to the Safe Drinking Water Act from EPA, and whether the Operator has obtained the necessary aquifer exemption from EPA for Underground Sources of Drinking Water.

(3)Results of Consultation. Neither the Director nor the Commission will approve a permit for Deep Geothermal Operations which includes a Geothermal Injection Well without written verification from EPA that the Operator has obtained the necessary authorizations pursuant to the Safe Drinking Water Act required for the proposed Deep Geothermal Operations, and that the Operator must obtain any necessary aquifer exemptions for Underground Sources of Drinking Water, where required.

k.Tribal Governments.

(1)Criteria for Consultation. As to permit applications for Deep Geothermal Operations subject to Commission regulatory and permitting authority pursuant to Rule 201.d.(2), the Operator and Director will consult with the Southern Ute Indian Tribe for any permit application in which the applicant contemplates locating a Deep Geothermal Location within the exterior boundaries of the Southern Ute Indian Reservation. The Operator and Director will consult with the Southern Ute Indian Tribe and/or Ute Mountain Ute Tribe for any permit application for Deep Geothermal Operations which either tribe finds may impact tribal minerals and/or Geothermal Resources, or may adversely affect other tribal resources.

(2)Procedure for Consultation.

A. The consultation period with the Southern Ute Indian Tribe and/or the Ute Mountain Ute Tribe is as long as necessary for the tribes to determine whether the proposed Deep Geothermal Operations will impact tribal minerals and/or Geothermal Resources, or may adversely affect other tribal resources.

B. The consultation required by this Rule 1304.k. will focus on whether the Operator's proposed Deep Geothermal Operations will potentially impact tribal minerals and/or Geothermal Resources, or may adversely affect other tribal resources.

(3)Results of Consultation.

A. Neither the Director nor the Commission will approve a permit for Deep Geothermal Operations which will impact tribal minerals and/or Geothermal Resources without express approval of the relevant tribal government which controls the minerals and/or geothermal resources at issue.

B. As to permit applications for Deep Geothermal Operations subject to Commission regulatory and permitting authority pursuant to Rule 201.d.(2), the relevant tribal government may request any conditions of approval to the permit for Deep Geothermal Operations necessary to protect tribal sovereignty, public health, safety, and welfare, including protection of the environment and wildlife resources.

l.Bureau of Land Management.

(1)Criteria for Consultation. As to permit applications for Deep Geothermal Operations which contemplate locating a Deep Geothermal Location on lands where any federal entity controls or manages the surface estate or which contemplate exploring for and producing federal Geothermal Resources, the Operator and Director and applicant will consult with the Bureau of Land Management.

(2)Results of Consultation.

A. Neither the Director nor the Commission will approve a permit for Deep Geothermal Operations which will permit a Deep Geothermal Location on federal lands, or which will explore for and produce federal Geothermal Resources without approval of the relevant federal entity.

B. The relevant federal entity may request conditions of approval to the permit for Deep Geothermal Operations.

2 CCR 404-1-1304

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