2 Colo. Code Regs. § 404-1-304

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

Section 2 CCR 404-1-304 - FORM 2A, OIL AND GAS LOCATION ASSESSMENT APPLICATION

a.Submitting Form 2A. Operators will submit a completed Form 2A, Oil and Gas Location Assessment as part of their Oil and Gas Development Plan application, as required by Rule 303.a.(2). Operators will submit and obtain approval of a Form 2A prior to:

(1) Surface disturbance at a site previously undisturbed by Oil and Gas Operations;

(2) Surface disturbance for purposes of expanding an existing Working Pad Surface or Oil and Gas Location; or

(3) Any significant change to the design and operation of an Oil and Gas Location, including but not limited to the addition of a Well or a Pit, except an Emergency Pit or a lined Plugging Pit. The Director will determine if a Form 2A is required for significant changes at an existing Oil and Gas Location made in response to new requirements or regulations from other state or federal agencies or the Relevant Local Government.

b.Information Requirements. All Form 2As will include the following information, unless otherwise provided in a Commission order approving a CAP pursuant to Rule 314.

(1)Local Government Siting Information. The Operator will comply with the certification requirements of Rule 302.b.

(2)Alternative Location Analysis.

A.Applicability. This Rule 304.b.(2) applies to any proposed Oil and Gas Location:

i. That meets any of the criteria listed in Rule 304.b.(2).B, unless the Director determines in the completeness determination that an alternative location analysis is not necessary to protect and minimize adverse impacts to public health, safety, welfare, the environment, or wildlife resources. The Director may not waive the alternative location analysis requirement for any Oil and Gas Location that meets the criteria listed in Rule 304.b.(2).B.i-iii.

ii. For which the Director or Commission determines that an alternative location analysis is necessary to evaluate whether the proposed Oil and Gas Location reasonably protects and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources.

iii. Within the exterior boundaries of the Southern Ute Indian Reservation and subject to the Commission's jurisdiction pursuant to Rule 201.d.(2), if the Southern Ute Indian Tribe objects to the proposed Oil and Gas Location, or requests an alternative location analysis.

B.Alternative Location Analysis Criteria. An Operator will perform an alternative location analysis if:

i. The proposed Working Pad Surface is within 2,000 feet of 1 or more Residential Building Units or High Occupancy Building Units;

ii. The proposed Working Pad Surface is less than 2,000 feet from a School Facility or Child Care Center;

iii. The proposed Working Pad Surface is within 1,500 feet of a Designated Outside Activity Area;

iv. The proposed Working Pad Surface is less than 2,000 feet of a municipal or county boundary, and the Proximate Local Government objects to the location or requests an alternative location analysis;

v. The proposed Working Pad Surface is within a Floodplain;

vi. Unless waived by the applicable Public Water System(s), the proposed Oil and Gas Location is within:

aa. A surface water supply area as defined in Rule 411.a.(1); or

bb. Within 2,640 feet of a Public Water System supply well that is completed in a Type III Aquifer or is a groundwater under the direct influence of surface water well as defined in Rule 411.b.(1);

vii. The proposed Oil and Gas Location is within the boundaries of, or is immediately upgradient from, a mapped, visible, or field-verified wetland or riparian corridor;

viii. The proposed Oil and Gas Location is within High Priority Habitat and the Operator did not obtain a waiver from CPW through a pre-application consultation;

ix. The Operator is using or intends to use a Surface Owner protection bond pursuant to Rule 704 to access the proposed Oil and Gas Location; or

x. The proposed Working Pad Surface is within 2,000 feet of a Residential Building Unit, High Occupancy Building Unit, or School Facility located within a Disproportionately Impacted Community.

C.Contents of an Alternative Location Analysis. If an alternative location analysis is required, the Operator will prepare a narrative analysis that identifies all potential alternate locations from which the targeted minerals can be accessed that may be considered for siting of the Oil and Gas Location. Operators will also submit the following information:

i. One or more maps or recent aerial images showing:

aa. The proposed area of mineral development;

bb. The Operator's proposed Oil and Gas Location;

cc. All technically feasible alternative locations;

dd. All proximal existing and permitted Oil and Gas Locations;

ee. All relevant jurisdictional boundaries;

ff. All Disproportionately Impacted Communities within 2,000 feet of each Oil and Gas Location analyzed in the alternative location analysis;

gg. A reference coordinate (latitude/longitude); and

hh. All Rule 304.b.(2).B criteria met by the proposed location and any alternative location(s) shown.

ii. For each alternative location evaluated, a table showing all information required by Rules 304.b.(3).A & B.

iii. A data table for the proposed Oil and Gas Location and each alternative location, with all measurements made from each proposed Working Pad Surface, that lists the following information:

aa. All Rule 304.b.(2).B criteria met.

bb. For proposed Oil and Gas Locations within or within 2,000 feet of a Disproportionately Impacted Community:

1. The distance to the nearest Building Unit, High Occupancy Building Unit, and School;

2. A description of the community outreach efforts conducted by the Operator prior to preparing the alternative location analysis, including whether the Operator made information available in languages other than English based on the linguistic needs of the community, questions and Operator responses to questions from residents of the Disproportionately Impacted Community, and any public meetings conducted (including location, time of day, and whether interpreters were requested and provided) with residents of the Disproportionately Impacted Community;

3. The number and description of existing Oil and Gas Locations, Oil and Gas Facilities, and Wells also within 2,000 feet of any Residential Building Unit, High Occupancy Building Unit, or School Facility within 2,000 feet of any proposed Oil and Gas Location analyzed in the Alternative Location Analysis.

cc. Distance to any municipal or county boundaries that are within 2,000 feet, and the names of the Proximate Local Government(s).

dd. Relevant Local Government Information. For each alternative location analyzed, the:

1. Name of the Relevant Local Government;

2. The Relevant Local Government's land use or zoning designation;

3. The Relevant Local Government's permitting process; and

4. The status of each Relevant Local Government's permit process, if applicable

ee. Current land use, and plans for future land use at and proximal to each identified location.

ff. Distance to nearest wetland, surface water, surface water supply area as defined in Rule 411.a.(1), or Public Water System supply well that is completed in a Type III Aquifer or is a groundwater under the direct influence of surface water well as defined in Rule 411.b.(1).

gg. Distance to nearest High Priority Habitat.

hh. Anticipated method of right-to-construct and surface ownership.

D. The Director may request that the Operator provide any additional information or analyze additional locations for the Oil and Gas Location if the Director believes that additional analysis or information is necessary for the Director's and Commission's review of the public health, safety, welfare, environmental, and wildlife impacts of the locations the Operator analyzes.

(3)Cultural Distances.

A. A table showing the distance and approximate bearing from the edge of the Working Pad Surface of the proposed or existing Oil and Gas Location to the edge or corner of the nearest building, Residential Building Unit, High Occupancy Building Unit, and School Facility; the nearest boundary of a Designated Outside Activity Area; the nearest Residential Building Unit, High Occupancy Building Unit, or School Facility within a Disproportionately Impacted Community within 2,000 feet of the proposed Working Pad Surface; the boundary of the nearest Disproportionately Impacted Community; and the nearest public road, above ground utility, railroad, and property line.

B. A table showing the number of Building Units, Residential Building Units, High Occupancy Building Units, School properties, School Facilities, and Designated Outdoor Activity Areas within the following radii of the Working Pad Surface:

i. 0-500 feet;

ii. 501-1,000 feet; and

iii. 1,001-2,000 feet.

C. A current aerial image depicting the information in the tables in Rules 304.b.(3).A & B.

(4)Location Pictures. The Operator will attach to the Form 2A photographs as described in this Rule 304.b.(4). The photographs will depict the staked location and its surroundings. Each photograph will be identified by date taken, Well or location name, and direction of view. The field of view of each photograph will be shown on a current aerial image, also attached. Operators will provide location photographs in sufficiently high resolution so that details of current surrounding land use may be readily discerned. Operators will attach one of the following photograph options:

A. A minimum of 4 color photographs showing the staked location and its surroundings from each cardinal direction, with no significant gaps between fields of view;

B. A minimum of 2 panoramic photographs of the location and its surroundings covering a full 360° around the location; or

C. Photographs of the locations and its surroundings taken from an unmanned aerial vehicle.

(5)Site Equipment List. A list of major equipment components to be used in conjunction with drilling and operating the Well(s), including but not limited to, all Tanks, Pits, flares, combustion equipment, separators, and other ancillary equipment.

(6)Flowline Descriptions. A description of the proposed location, size, and material of any Flowlines, including Off-Location Flowlines.

(7)Drawings. Operators will provide the drawings, maps, and figures required below in a suitable size, scale, and electronic format for the Director to conduct a review. If multiple drawings are required to convey the required information, then the Operator will provide them in a logical manner. All drawings, maps, and figures will include a scale bar and north arrow, the Operator's name, the site name, and other information as necessary to identify the attachment as part of the Oil and Gas Development Plan. Aerial imagery used for base maps will be current.

A.Location Drawings. A scaled drawing and scaled aerial photograph showing the approximate outline of the Oil and Gas Location and Working Pad Surface and all visible improvements within 2,000 feet of the proposed Oil and Gas Location (as measured from the proposed edge of the Working Pad Surface), with a horizontal distance and approximate bearing from the Working Pad Surface. If there are no visible improvements within 2,000 feet of a proposed Oil and Gas Location, the Operator will specify this on the Form 2A. Visible improvements will include, but not be limited to:

i. All buildings and Building Units, with High Occupancy Building Units identified;

ii. Publicly maintained roads and trails, including their names;

iii. Fences;

iv. Above-ground utility lines;

v. Railroads;

vi. Pipelines or Pipeline markers;

vii. Mines;

viii. Oil and gas Wells and associated Production Facilities;

ix. Injection Wells and associated facilities;

x. Plugged oil and gas Wells, including dry holes;

xi. Known water wells; and

xii. Known sewers with manholes.

B.Layout Drawings. Location construction and operations layout drawings, location construction, and operations cross-section plots including location and finish grades and operations facility layout drawings. These drawings will include, as applicable to the proposed Oil and Gas Location:

i. The Working Pad Surface and surrounding disturbed area making up the entirety of the Oil and Gas Location;

ii. A preliminary drill rig layout;

iii. Preliminary Well completion and Stimulation layout;

iv. If a Well is proposed to be hydraulically fractured, a preliminary layout drawing of the Flowback equipment, including the equipment and connections to comply with reduced emission completion requirements pursuant to Rule 903.c.(1); and

v. The location of all existing and proposed Oil and Gas Facilities listed on the Form 2A.

C.Wildlife Habitat Drawing. A drawing, map, or aerial image depicting High Priority Habitat within 1 mile of the Working Pad Surface.

D.Preliminary Process Flow Diagrams. Process flow diagrams depicting:

i. Flowback operations; and

ii. Oil and gas production operations.

E.Hydrology Map. A topographic map showing the horizontal distance and approximate bearing from the Oil and Gas Location to:

i. All surface Waters of the State within 2,640 feet of the proposed Working Pad Surface. The map will indicate which surface water features are downgradient;

ii. All Water Sources within 2,640 feet of the proposed Working Pad Surface;

iii. Any Public Water System facilities, including intakes, wells, storage facilities, recharge areas, and treatments plants within 2,640 feet of the Working Pad Surface;

iv. Rule 411 buffer zones within 2,640 feet of the Working Pad Surface; and

v. Any surface waters within 2,640 feet of the Working Pad Surface that are 15 stream miles upstream of a Public Water System intake.

F.Access Road Map. A U.S. Geological Survey topographic map, or scaled aerial photograph showing the access route from the nearest publicly maintained road to the proposed Oil and Gas Location, and identifying any new access roads constructed as part of the Oil and Gas Development Plan. The map will clearly identify any Residential Building Units within 2,000 feet of the access road for this Oil and Gas Location.

G.Related Location and Flowline Map. A U.S. Geological Survey topographic map, or scaled aerial photograph showing:

i. All existing, approved, and proposed Oil and Gas Locations within 2,000 feet of the area affected by the proposed Oil and Gas Development Plan;

ii. All proposed Flowline corridors, including Off-Location Flowline corridors, to or from the proposed Oil and Gas Location and to or from associated Oil and Gas Facilities.

H.Directional Well Plat. If the proposed Oil and Gas Location includes one or more directional Wells, a map showing the surface hole location and the proposed wellbore trajectory with the top of the productive zone and bottom-hole location for each Well.

I.Geologic Hazard Map. A map identifying any Geologic Hazards within a 1 mile radius of the proposed Working Pad Surface. For any identified Geologic Hazard that extends beyond the 1 mile radius, a second map scaled to show the extent of that hazard in relation to the proposed Oil and Gas Location.

J.Disproportionately Impacted Communities Map. If the proposed Oil and Gas Location is within 2,000 feet of a Residential Building Unit, High Occupancy Building Unit, or School Facility located within a Disproportionately Impacted Community, a map or aerial photo showing the spatial relationship between the proposed Oil and Gas Location and the building(s) identified, and the boundaries of the census block group that meets the 100 Series definition of a Disproportionately Impacted Community.

(8)Geographic Information System ("GIS") Data. GIS polygon data to describe the boundaries of the entire proposed Oil and Gas Location and the Working Pad Surface.

(9)Land Use Description. A narrative description of the current land use(s), the Relevant Local Government's land use or zoning designation, any applicable federal land use designations for proposed Oil and Gas Locations on federal surface estate, and the landowner's designated final land use(s) for the purpose of determining Reclamation standards.

A. If the final land use includes residential, industrial/commercial, or Crop Land and does not include any other uses, the land use should be indicated and no further information is needed.

B.Reference Area Data. If the final land use includes rangeland, forestry, recreation, or wildlife habitat, then a Reference Area will be selected and documented. The Operator will also submit the following information:

i.Reference Area Map. A topographic map or aerial image showing the location of the Reference Area with respect to the proposed Oil and Gas Location including latitude and longitude of Reference Area; and

ii.Reference Area Pictures. 5 color photographs of the Reference Area, including 4 taken from each cardinal direction, and 1 taken from above the Reference Area. Each photograph will be identified by date taken, Well or Oil and Gas Location name, and direction of view. The photographs will be taken during the peak growing season and will clearly depict vegetation cover and diversity. To ensure that the photographs accurately depict vegetation during peak growing season, these photographs may be submitted up to 12 months after the Form 2A. Photographs of the Reference Area may be taken from an unmanned aerial vehicle, provided such aerial images are collected at a sufficient resolution to provide specific vegetation information.

iii. A table of the dominant vegetation within the Reference Area.

(10)NRCS Map Unit Description. A Natural Resources Conservation Service ("NRCS") soil map unit description.

(11)Best Management Practices. A description of any Operator-proposed, site specific Best Management Practices that the Operator commits to perform as part of the implementation of the Oil and Gas Development Plan, including any Best Management Practices, conditions of approval, or stipulations required by an approved federal permit.

(12)Surface Owner Information.

A. Contact information for the Surface Owner(s); and

B. A redacted version of the Surface Use Agreement or a memorandum describing the Surface Use Agreement that includes a description of the lands subject to the agreement, signatures of the parties to the agreement, dates of signature, and any provisions of the agreement that are relevant to the Form 2A.

(13)Proximate Local Government Information. Contact information for any Proximate Local Governments.

(14)Wetlands.If a federal, state, or local government agency requires a permit or sets other substantive standards for direct or indirect impacts to a wetland, including but not limited to the discharge of dredged or fill material during the construction of a proposed Oil and Gas Location, access roads to the Oil and Gas Location, or Pipeline corridors associated with the Oil and Gas Location, evidence that the Operator has complied with the agency's substantive standards, sought any required permits, and whether the permit(s) have been issued.

(15)Schools and Child Care Centers. If the proposed Oil and Gas Location is within 2,000 feet of a School Facility, Future School Facility, or Child Care Center, a statement indicating whether the School Governing Body requested consultation.

c.Plans. All Form 2As will include site-specific plans that demonstrate compliance with the Commission's Rules for the operation of the proposed Oil and Gas Location in a manner that is protective of and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources. Each Form 2A will include the following plans, unless otherwise provided in a Commission Order approving a CAP pursuant to Rule 314.

(1)Emergency Spill Response Program. For operations within 2,640 feet of a groundwater under the direct influence of surface water well or Type III Well or surface water that is 15 miles or less upstream from a Public Water System(s) intake, an emergency spill response program consistent with the requirements of Rules 411.a.(4).B, 411.b.(5).B, & 602.j.

(2)Noise Mitigation Plan. A noise mitigation plan consistent with the requirements of Rule 423.a.

(3)Light Mitigation Plan. A light mitigation plan consistent with the requirements of Rule 424.a.

(4)Odor Mitigation Plan. An odor mitigation plan consistent with the requirements of Rule 426.a.

(5)Dust Mitigation Plan. A dust mitigation plan consistent with the requirements of Rule 427.a.

(6)Transportation Plan. If the Relevant Local Government requires a transportation plan or an equivalent traffic planning document, the transportation plan submitted to the Relevant Local Government. If the Relevant Local Government does not require a transportation plan, the Director may request information regarding haul routes, traffic volumes, and Best Management Practices to avoid, minimize, and mitigate impacts from traffic associated with the Oil and Gas Location.

(7)Operations Safety Management Program. An operations safety management program consistent with the requirements of Rule 602.d.

(8)Emergency Response Plan. An emergency response plan consistent with the requirements of Rule 602.j.

(9)Flood Shut-In Plan. If located in a Floodplain, a shut-in plan consistent with the requirements of Rule 421.b.(1).

(10)Hydrogen Sulfide Drilling Operations Plan. If operating in zones known or suspected to contain hydrogen sulfide gas ("H2S"), a H2S drilling operations plan consistent with the requirements of Rule 612.d.

(11)Waste Management Plan. A waste management plan consistent with the requirements of Rule 905.a.(4).

(12)Gas Capture Plan. A gas capture plan or commitment consistent with the requirements of Rule 903.e.

(13)Fluid Leak Detection Plan. A fluid leak detection plan.

(14)Topsoil Protection Plan. A topsoil protection plan consistent with the requirements of Rule 1002.c.

(15)Stormwater Management Plan. A stormwater management plan consistent with the requirements of Rule 1002.f.

(16)Interim Reclamation Plan. An interim reclamation plan consistent with the requirements of Rule 1003.

(17)Wildlife Plan. A Wildlife Protection Plan or Wildlife Mitigation Plan consistent with the requirements of Rule 1201.

(18)Water Plan.A plan identifying the planned source of water for drilling and completion operations including:

A. The planned source and volume of all surface water and Groundwater to be used and the coordinates of the planned source of water;

B. The seller's name and address if water is to be purchased;

C. If recycled or reused water is anticipated to be used, a description of the source of that water, background concentrations of chemicals listed in Table 437-1, anticipated method of transporting the water, and anticipated volumes to be used in addition to the reuse and recycling plan requirements of Rule 905.a.(3); and

D. If fresh water is anticipated to be used, a description of why the Operator does not intend to use recycled or reused water.

(19)Cumulative Impacts Plan. A plan documenting how the Operator will address cumulative impacts to resources identified pursuant to Rule 303.a.(5) that includes:

A. A description of all resources to which cumulative adverse impacts are expected to be increased;

B. A description of specific measures taken to avoid or minimize the extent to which cumulative adverse impacts are increased;

C. A description of all measures taken to mitigate or offset cumulative adverse impacts to any of the resources; and

D. Additional information determined to be reasonable and necessary to the evaluation of cumulative impacts by the Operator, the Director, CDPHE, CPW, or the Relevant Local Government.

(20)Community Outreach Plan. For Oil and Gas Locations proposed within 2,000 feet of a Residential Building Unit, High Occupancy Building Unit, or School Facility located within a Disproportionately Impacted Community, a consultation, outreach, and engagement plan that includes:

A. A description of any measures taken to directly mitigate adverse impacts to the Disproportionately Impacted Community;

B. Certification that written materials have been and will be provided in all languages spoken by 5% or more of the population in the census block group where the proposed Oil and Gas Location is located and those census block groups within 2,000 feet of the proposed Oil and Gas Location; and

C. The proposed date, time, and location of any public meeting(s) that are held at a location in close proximity to the Disproportionately Impacted Community. The Operator will provide child care and interpretation services at such a public meeting upon request.

(21)Geologic Hazard Plan. If the Operator identifies any Geologic Hazards pursuant to Rule 304.b.(7).I, the Operator will submit a Geologic Hazard plan describing proposed mitigation measures.

d.Lesser Impact Areas. The Director may exempt an Operator from submitting any of the information required by Rule 304.b, or any plan required by Rule 304.c, under the following circumstances:

(1) If the Operator requests an exemption from the Director based on evidence showing the information or plan is unnecessary because:

A. The impacted resource or resource concern are not present in the area; or

B. Impacts to the resource will be so minimal as to pose no concern.

(2) Operators may request an exemption from the Director in writing, without proceeding through the ordinary Rule 502 variance process. A request for an exemption will be provided with the Form 2A at the time the form is submitted.

(3) The Director may grant an exemption as part of the completeness determination if the Director concurs with the Operator that providing the information or plan is unnecessary to protect and minimize adverse impacts to public health, safety, welfare, the environment, or wildlife resources.

(4) If the Director grants an exemption, the Commission may nevertheless request the information or plan subject to the exemption, or related information, if the Commission determines that reviewing the information or plan is necessary to protect and minimize adverse impacts.

e.Substantially Equivalent Information.

(1) The Operator may submit substantially equivalent information or plans developed through a Local Government land use process in lieu of providing information or plans required by Rules 304.b & 304.c. Nothing in this Rule 304.e.(1) precludes the Director or Commission from requiring the Operator to submit information or plans otherwise required by Rules 304.b or 304.c because the Director or Commission determines that the information or plans developed through the Local Government land use process are not equivalent.

(2) For proposed Oil and Gas Locations on federal surface or mineral estate for which an Operator has submitted environmental analysis pursuant to Rule 303.a.(6).B.ii, the Operator may provide references to equivalent information in the federal environmental analysis in lieu of providing information or plans required by Rules 304.b & 304.c, including the alternative location analysis required by Rule 304.b.(2). Nothing in this Rule 304.e.(2) precludes the Director or Commission from requiring the Operator to submit information or plans otherwise required by Rules 304.b or 304.c because the Director or Commission determines that the federal environmental analysis is not equivalent.

2 CCR 404-1-304

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