2 Colo. Code Regs. § 404-1-436

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

Section 2 CCR 404-1-436 - SEISMIC OPERATIONS, NOTICE, CONSULTATION AND REPORTING

a.Surface Owner and Tenant Notice. At least 5 business days prior to commencing Seismic Operations, the Operator will notify all Surface Owners and tenants of the lands included within the seismic project boundary.

(1) Notice will include:

A. A description of the work being performed;

B. A detailed schedule of the operations;

C. Phone numbers that are monitored 24/7 and email addresses for the company and contractors performing the work; and

D. All safety precautions employed by the Operator and any safety precautions and information that Surface Owners and tenants should be aware of.

(2) Operators will provide notice to each Surface Owner or tenant individually by letter or door hanger.

(3) Operators are encouraged to post notice of planned Seismic Operations on neighborhood, community, or municipal websites. Operators are also encouraged to coordinate notice through Relevant Local Governments, home-owners' associations, or neighborhood associations. However, such additional notice will not relieve the Operator of its responsibilities under Rule 436.a.

b.Utility Owner Notice and Consultation. Prior to the commencement of any Seismic Operation, Operators will notify and consult with owners of all subsurface utilities, including gas service lines, gas transmission lines, electric, phone, cable, water, storm sewer, sanitary sewer, fiber optic lines, water wells, or other buried utilities in the area.

(1) Operators will locate all utilities prior to performing the survey.

(2) Operators will meet or consult with the utility operator to determine safe peak vibration limits (when vibroseis will be used) and setback distances from buried utilities. Operators will retain documentation demonstrating that they consulted with all utility Operators and that the utility agreed to specific peak vibration limits and setback distances (both laterally and vertically) for the utilities.

c. Upon a request from the Director, and within 5 days of said request, Operators will provide documentation demonstrating that they complied with Rules 436.a. & b.

d.Vibration Limits.

(1) Operators will determine in advance safe setback distances from both surface structures and subsurface utilities and structures.

(2) Operators will perform real time monitoring during vibroseis operations to verify and document that variable particle velocity versus frequency standards published in the U.S. Bureau of Mines, Report of Investigations 8507 (November 1980) are not exceeded. Only the 1980 version of U.S. Bureau of Mines' Report of Investigations 8507 applies; later versions do not apply. U.S. Bureau of Mines' Report of Investigations 8507 is available for inspection during normal business hours from the Public Room Administrator at the office of the Commission, 1120 Lincoln Street, Suite 801, Denver, Colorado 80203. In addition, U.S. Bureau of Mines' Report of Investigations 8507 may be examined at the U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center Pittsburgh, PA 15220, and is available at https://www.osmre.gov/resources/blasting/docs/USBM/RI8507BlastingVibration1989.pdf.

(3) Unless a lower limit is required by a utility owner or a Relevant Local Government, a peak vibration limit of 0.75 inches per second ("ips") will apply to surface structures and 2.0 ips will apply to subsurface utilities and structures.

e.Seismic Operations Requiring the Drilling of Shotholes.

(1)Explosive Storage. Operators will safely store and account for all explosives pursuant to local, state, and federal rules.

(2)Blasting Safety Setbacks. Operators will keep blasting a safe distance from a Building Unit, water well, or spring, according to the following minimum setback distances:

CHARGES IN LBS. GREATER THAN	CHARGES IN LBS. UP TO AND INCLUDING	MINIMUM SETBACK DISTANCE IN FEET
0	2	200
2	5	300
5	6	360
6	7	420
7	8	480
8	9	540
9	10	600
10	11	649
11	12	696
12	13	741
13	14	784
14	15	825
15	16	864
16	17	901
17	18	936
18	19	969
19	20	1000
20	n/a	1320

(3) Prior to any shothole drilling, the Operator will contact the Utility Notification Center of Colorado (CO 811).

(4) Drilling and Plugging. Operators will adhere to the following standards for plugging shotholes unless the Operator obtains a variance pursuant to Rule 502 by demonstrating that another method will provide adequate protection to Groundwater quality and movement and long-term land stability:

A. Any slurry, drilling Fluids, or cuttings which are deposited on the surface around the seismic hole will be raked or otherwise spread out to at least within 1 inch of the surface, such that the growth of the natural grasses or foliage will not be impaired.

B. All shotholes will be preplugged or anchored to prevent public access if not immediately shot.

i. If a preplug does not hold, seismic holes will be properly Plugged and Abandoned as soon as practical after the shot has been fired. In no case will Operators leave a shothole unplugged for more than 30 days without the Director's approval.

ii. Shotholes will not be left open. Operators will cover shotholes with a tin hat or other similar cover until it can be properly plugged. The hats will be imprinted with the seismic contractor's name or identification number or mark.

C. Operators will fill holes to a depth of approximately 3 feet below ground level by returning the cuttings to the hole and tamping the returned cuttings to ensure the hole is not bridged.

i. Operators will set a non-metallic perma-plug either imprinted or tagged with the Operator's name or the identification number or mark described in the Form 20, Permit to Conduct Seismic Operations at a depth of 3 feet.

ii. Operators will fill the remaining hole and tamp it to the surface with cuttings and native soil. Operators will leave a sufficient mound of native soil over the hole to allow for settling.

D. If Operators encounter non-artesian Groundwater while drilling seismic shotholes:

i. Operators will fill the holes from the bottom up with a high-grade coarse ground bentonite to 10 feet above the static water level or to a depth of 3 feet from the surface.

ii. Operators will fill the remaining hole and tamp it to the surface with cuttings and native soil, unless the Operator otherwise demonstrates to the Director's satisfaction that use of another suitable plugging material may be substituted for bentonite without harm to Groundwater resources.

E. If artesian Groundwater (Groundwater rising above the depth at which encountered) is encountered in the drilling of any seismic hole, cement or high grade coarse ground bentonite will be used to seal off the water flow with the selected material placed from the bottom of the hole to the surface or at least 50 feet above the top of the water-bearing material, thereby preventing cross-flow between Groundwater, erosion, or contamination of fresh water supplies. Such holes will be plugged immediately.

f.Form 20A, Completion Report for Seismic Operations.

(1) If any portion of the seismic project is conducted, the Operator will submit a Form 20A, Completion Report for Seismic Operations to the Director within 60 days after completion of the permitted seismic project.

(2) The Form 20A will include the following:

A. A map in a suitable size and scale to show the actual project boundary, energy source locations, and receiver locations with sections, townships, and ranges, county and municipal boundaries, and High Priority Habitat.

B. GIS data for the actual project boundary, energy source points, and receiver locations in a format approved by the Director.

C. The results of the real time monitoring required by Rule 436.d.(2).

(3) If the program included any shotholes, the Form 20A will include:

A. Any shotholes encountering artesian water on the map;

B. A certification by the party responsible for plugging the holes that all shotholes are plugged as prescribed by the Commission's Rules; and

(4) If the permitted seismic project is not conducted prior to the expiration of the Form 20, the Operator will submit a Form 20A within 30 days of said expiration certifying that no Seismic Operations were conducted. If an Operator submits a Refile Form 20 within 30 days of the expiration of the Form 20, a Form 20A certifying no Seismic Operations were conducted is not required.

g.Financial Assurance Requirements. The Operator will file Financial Assurance pursuant to Rule 703.b prior to submitting the Form 20.

h.Reclamation Requirements. Upon completion of Seismic Operations, the Operator will restore the surface of the land as nearly as possible to its original condition at the commencement of Seismic Operations. Appropriate Reclamation of disturbed areas will vary depending upon site-specific conditions and may include compaction alleviation and revegetation. All flagging, stakes, cables, cement, mud sacks, trash, or other materials associated with Seismic Operations will be removed.

2 CCR 404-1-436

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