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STATE OF <br />COLORADO <br />DEPARTMENT OF NATURAL RESOURCES <br />Bill Ritter, Jr., Governor <br />/"1, Li <br />1120 Lincoln St. Suite aol <br />O,/ (� <br />Denver, CO 80203 <br />/"''► /A S <br />��„7/"'1 <br />Phone: (303) 894 -2100 <br />FAX: (303) $94 -2109 <br />CONSERVATION COMMISSION <br />www.colorado.gov /cogcc <br />Notice Concerning Operating Requirements for Wildlife <br />Protection <br />In December 2008 the COGCC adopted several new and amended rules intended to minimize <br />adverse impacts to wildlife resources in Colorado from oil and gas activities. Beginning July 1, <br />2009 on federal land and April 1, 2009 on all other land, these rules will apply to all oil and gas <br />exploration and development operations in the state. <br />This notice is intended to inform operators of these wildlife protection rules and to provide a <br />reminder so company staff and contractors may become familiar with certain new and existing <br />operating requirements. While some of these practices were required under conditions of <br />approval attached to permits submitted between January 5, 2009 and June 2009, operators should <br />be aware that they will apply automatically to all permits and operations going forward. <br />If you have any questions about the following rules, please contact the COGCC at 303 - 894 -2100 <br />or dnr.ogccL &state.co.us. <br />PITS AND WASTE MANAGEMENT <br />The COGCC Rules have long had waste management requirements to protect wildlife, and the <br />rules in this regard have not changed significantly. <br />Pits pose a hazard to people and animals because they are difficult to exit if one falls in. <br />Accordingly, COGCC Rule 604.c.(3) continues to require pits to be fenced in order to prevent <br />accidental entry when the site is easily accessible and poses a hazard. The most common and <br />significant problem with pits and wildlife arises when waterfowl land in a pit, get oil on their <br />wings, and are unable to fly or otherwise get out of the pit. This is likely a violation of COGCC <br />Rule 902.c and may also violate the federal Migratory Bird Treaty Act (MBTA). While the U.S. <br />Fish and Wildlife Service (USF &WS) may enforce for the loss of life by migratory birds under <br />the MBTA, operators should be aware that the COGCC will enforce where pits are not <br />maintained to be free of oil and condensate, unless the pit is permitted as a skim pit and is <br />properly lined, fenced, and netted. Additionally, COGCC Rule 902.d. continues to require <br />operators to install appropriate netting or fencing where necessary to prevent significant adverse <br />environmental impacts resulting from access to a pit by wildlife, including migratory birds. <br />Failure to comply with COGCC Rules could result in penalties or revocation of the pit permit, <br />Form 15. <br />The text of these provisions regarding waste management for wildlife protection follows: <br />COGCC Rule 902. PIT'S - GENERAL AND SPECIAL RILES (Excerpt) <br />C. Any accumulation of oil or condensate in a pit shall be removed within twenty - <br />four (24) hours of discovery. Operators shall use skimming, steam cleaning of <br />exposed liners, or other safe and legal methods as necessary to maintain pits in <br />clean condition and to control hydrocarbon odors. Only de minimis amounts of <br />hydrocarbons may be present unless the pit is specifically permitted for oil or <br />condensate recovery or disposal use. A Form 15 pit permit may be revoked by <br />DEPARTMENT OF NATURAL RESOURCES Hems Sherman Executive O rerbor <br />COGCC COMMISSION Rwrwo Aiwerd - Thom-as L Compton - DeAnn Crarg - Mark Cutrrght - Michael Dowling - Joshua B Epei - Tr"! Houpt - Jim Markn - barns Shaman <br />COGCC STAFF David Neskn. Director- Debbie Sigid rn Enrronmeraat Manager - David K Dillon, Ergneenng Manager <br />