Current through Register Vol. 47, No. 17, September 10, 2024
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.