2 Colo. Code Regs. § 404-1-314

Current through Register Vol. 47, No. 24, December 25, 2024

Section 2 CCR 404-1-314 - COMPREHENSIVE AREA PLANS

a.Purpose of Comprehensive Area Plans.

(1) The Commission intends for Comprehensive Area Plans ("CAPs") to facilitate evaluating and addressing Cumulative Impacts from oil and gas development in a broad geographic area by identifying plans for one or more Operators to develop Oil and Gas Locations within a region while avoiding, minimizing, and mitigating impacts to public health, safety, welfare, the environment, and wildlife resources in the region through systematic planning of infrastructure location, Best Management Practices, and centralizing facilities.

(2) The Commission intends to create incentives for Operators to develop CAPs by conveying an exclusive right to operate in the area covered by the CAP for an appropriate duration of time.

(3) The Commission encourages Operators to develop CAPs. The Commission may direct the Director to meet with an Operator to discuss whether submission of a CAP is appropriate. The Director may request a meeting with an Operator to discuss whether submission of a CAP is appropriate pursuant to Rule 303.a.(8).

b.Rights Conveyed.

(1) If the Commission approves a CAP, the approved CAP will convey the exclusive right to develop the oil and gas formation or formations that are the subject of the CAP within the CAP's geographic boundaries for the duration of the CAP as specified by Rule 314.c.

(2) Approved Oil and Gas Development Plans, Drilling and Spacing Units, Form 2As, and Form 2s within an approved CAP will not expire until the CAP expires pursuant to Rule 314.c, but will expire at the time the CAP expires.

(3) Expedited review of associated Oil and Gas Development Plans pursuant to Rule 306.e.

(4) Preliminary siting approval of future Oil and Gas Locations within the CAP if the Operator meets the informational requirements of Rule 314.e.(11) and the consultation requirements of Rule 314.f.(4).A.iii.

(5) Approval of a CAP does not constitute approval of an Oil and Gas Development Plan, Drilling and Spacing Unit, Form 2A, or Form 2. Operators will submit all Oil and Gas Development Plans, Drilling and Spacing Unit applications, Form 2As, and Form 2s as ordinarily required by the Commission's Rules for all locations and Wells within an approved CAP. However, during the course of consultation about a CAP pursuant to Rule 314.f.(4), a consulting entity may waive future consultations for subsequently submitted Oil and Gas Development Plans and other permits that are associated with the CAP.

c.Duration. Approved CAPs will expire 6 years after the date the Commission approves the CAP, unless the Commission issues an Order to approve a different duration or extend the duration pursuant to Rules 314.c.(1) & (2).

(1)Initial Approval for Longer Duration. The Commission may approve a different duration based on a request in the CAP application materials. Such a request will include:

A. A reasonable and consistent development schedule for fully developing minerals subject to the CAP;

B. A reasonable and consistent development schedule for building appropriate infrastructure and a description of how that infrastructure will facilitate avoiding, minimizing, or mitigating potential adverse impacts to public health, safety, welfare, the environment, or wildlife resources, including but not limited to emissions reductions strategies;

C. A description of why the proposed duration is consistent with any long-term land use planning documents for each Relevant Local Government; and

D. A description of any planned mitigation for adverse impacts to Wildlife Resources within the boundaries of the proposed CAP.

(2)Extensions.

A. The Commission may extend the duration of the CAP if the Operator submits an application pursuant to Rule 503.g.(8), and the Operator demonstrates that:

i. It has diligently pursued development of the mineral resources within the CAP; and

ii. No significant surface land use changes have occurred within the CAP that would substantially alter the Cumulative Impacts of the CAP on relevant resources.

B. The Commission may approve or deny the extension of the CAP following a hearing pursuant to Rule 510. The Commission may extend the CAP by any duration it determines is necessary and reasonable to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources.

C. If the Commission approves an extension of the CAP, the Operator may re-apply for another extension, subject to the procedures of this Rule 314.c.(2).

d.Submission Procedure.

(1) An Operator will request a pre-application meeting with the Director prior to submitting any CAP application. The Operator will follow the Director's pre-application meeting process set forth in Rule 301.g (1).

(2) An Operator will hold a pre-application community meeting if an Oil and Gas Location may be proposed within 1/2 mile of a Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center, or within 4,000 feet of a Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center in a Disproportionately Impacted Community. The Operator will follow the pre-application community meeting process set forth in Rule 301.g (2).

(3) One or more Operators (collectively, the "Operator") may apply for a CAP at any time by submitting the application materials specified in Rule 314.e electronically pursuant to Rule 503.g.(8).

(4) The Operator will coordinate with the Director and submit all information necessary for the Director and Commission to fully evaluate the CAP's Cumulative Impacts on public health, safety, welfare, the environment, and wildlife resources.

(5) At any time after a CAP application is submitted, the Director may request any information necessary to review the CAP application. The Operator will provide all requested information before the Director issues the Director's Recommendation.

(6) When the Director has obtained all information necessary to fully review the CAP's Cumulative Impacts on public health, safety, welfare, the environment, and wildlife resources, the Director will make a completeness determination.

(7)Requests to Stay Other Applications. An Operator may include a request for preliminary relief in its CAP application that the Commission put a hold on taking final action on Oil and Gas Development Plan and Drilling and Spacing Unit applications related to minerals subject to the proposed CAP while the Commission and Director conduct their review of the CAP application.

A. Such a request will include the mineral ownership information required pursuant to Rule 314.e.(9).

B. If the CAP application includes such a request for relief, the Secretary will notice the request for relief for expedited hearing pursuant to Rule 503.a at the time the Director issues the completeness determination.

C. Mineral Owners within the proposed CAP may file a petition protesting the requested relief pursuant to Rule 507.

e.Informational Requirements for Comprehensive Area Plan. At a minimum, the Operator will submit the following materials as components of its CAP application:

(1)Contact Information.

A. The name, telephone number, and e-mail address for the primary contact person about the CAP for each Operator.

B. The name, telephone number, and e-mail address of every Relevant Local Government within the CAP's boundaries.

C. The name, telephone number, and e-mail address for all Local Governments with land use authority within and within 2,000 feet of the CAP's boundaries.

D. Contact information for all persons who will receive notice pursuant to Rule 314.f.(1).C.

(2)Fees. Payment of the full filing and service fee required by Rule 301.d.

(3)Maps.

A. A topographic or aerial map in a suitable size and scale for the Director to conduct a review showing the area proposed for the CAP and proposed Oil and Gas Locations.

B. Maps of all publicly maintained roads, Operator-proposed haul routes, and proposed access road locations.

D. Maps with descriptions of existing and proposed utility lines, including electrical transmission lines and other electric facilities such as substations.

E. One or more detailed maps showing all High Priority Habitats and federally designated critical habitats for threatened and endangered species within the CAP's boundaries.

F. One or more detailed maps generally delineating existing Building Units within the proposed CAP's boundaries and specifically delineating all High Occupancy Building Units and Designated Outside Activity Areas.

G. One or more detailed maps delineating surface ownership within the proposed CAP's boundaries.

H. One or more detailed maps showing characteristics of known Groundwater within the proposed CAP's boundaries, including but not limited to depth of the water table, depths of known Groundwater formations, and characteristics of the Groundwater including salinity.

I. One or more maps identifying areas defined as Disproportionately Impacted Communities.

J. One or more detailed maps showing all riparian areas, Floodplains, Waters of the State, and Public Water System facilities within the proposed CAP boundaries.

K. A map showing existing, permitted, and proposed Oil and Gas Locations that are within the proposed CAP boundaries but not subject to the proposed CAP.

L. A map showing existing and permitted Industrial Facilities that are within the proposed CAP boundaries.

(4)GIS Data. GIS polygon data to describe the CAP's external boundaries.

(5)Density of Wells. The proposed subsurface density of Wells within the boundaries of the CAP.

(6)Consolidation of Oil and Gas Locations. The proposed density of Oil and Gas Locations within the boundaries of the CAP (reported in Oil and Gas Locations per section). This should include a narrative proposal, with maps and appropriate supporting documentation, demonstrating the Operator's plan to consolidate Oil and Gas Locations to the maximum extent possible within the boundaries of the CAP.

(7)Timing of Operations. A narrative proposal, explaining the anticipated timing for building infrastructure and developing proposed Oil and Gas Locations. If operations are proposed within the Ozone Nonattainment Area, a discussion of the anticipated timing of those operations with regard to pre-production activities occurring between May 1 and September 30.

(8)Electrification and Infrastructure Planning. A narrative proposal, with appropriate supporting documentation that may include the maps required pursuant to Rule 314.e.(3), demonstrating the Operator's plans to electrify its Oil and Gas Locations, consolidate infrastructure within the CAP, the timeline for installing any new infrastructure relative to the planned construction dates for the proposed Wells, and a discussion of any approvals necessary for the infrastructure to be built.

(9)Mineral Rights. A map and narrative that:

A. Demonstrates the location of the minerals the Operator owns or has secured the consent of mineral Owners to develop; and

B. Describes the percentage of minerals the Operator owns or has secured the consent of mineral Owners to develop.

(10) Evaluating and Addressing Cumulative Impacts. Unless otherwise specified by Rule 314.e.(11), the Operator will submit a Form 2F, CAP Cumulative Impacts Data Identification, that provides quantitative and qualitative data to evaluate incremental adverse impacts and beneficial contributions to each resource listed below that are likely to be caused by Oil and Gas Operations associated with the proposed CAP. Such Operations include access road construction and maintenance, flowline, pipeline, or utility corridor construction, Oil and Gas Location construction, drilling and completions operations, and production operations, including anticipated maintenance operations. Data will include a summary of Best Management Practices or other measures the Operator will employ to avoid, minimize, and mitigate impacts to each resource.

A.Air Resources. A quantitative evaluation of the projected incremental increase in emissions of the pollutants listed below, estimated for each year of and five years after the proposed CAP's duration. The emissions estimate will include both stationary and mobile sources of emissions during both pre-production activities and emissions during full production. The evaluation will include any emissions reductions due to the Operator's Plugging and Abandonment of existing oil and gas Wells within the CAP boundaries for the year when the plugging operation occurs.

i. NO_x;

ii. Carbon monoxide (CO);

iii. Volatile Organic Compounds (VOCs);

iv. Methane (CH₄);

v. Ethane (C₂H₆);

vi. Carbon dioxide (CO₂); and

vii. Nitrous oxide (N₂O); and

viii. Particulate matter (PM_2.5, PM₁₀).

B.Public Health and Safety. A quantitative evaluation of incremental increase in emissions of the categories of pollutants listed below, estimated for each year of and five years after the proposed CAP's duration. The emissions estimate will include both stationary and mobile sources of emissions during both pre-production activities and emissions during full production. The evaluation will include any emissions reductions due to the Operator's Plugging and Abandonment of existing oil and gas Wells within the CAP boundaries for the year when the plugging operation occurs. The evaluation will also include a qualitative evaluation of potential public health and safety risks associated with these emissions.

i. Total hazardous air pollutants;

ii. Specific hazardous air pollutants with known health impacts, including:

aa. Benzene;

bb. Toluene;

cc. Ethylbenzene;

dd. Xylenes;

ee. n-Hexane;

ff. 2,2,4-Trimethylpentane (2,2,4-TMP);

gg. Hydrogen sulfide (H2S);

hh. Formaldehyde; and

ii. Methanol.

C.Water Resources.

i. The total volume of all planned, permanent, storage across all the proposed Oil and Gas Locations in the CAP(measured in Barrels (bbls)) of:

aa. Oil;

bb. Condensate;

cc. Produced water; and

dd. Other volumes of stored hydrocarbons, Chemicals, or E&P Waste Fluids.

ii. The Operator will identify and evaluate potential contaminant migration pathways and likely distances from Oil and Gas Locations that may be proposed within the CAP to the nearest downstream riparian corridors, wetlands, and surface Waters of the State. If the Operator identifies any such contaminant migration pathways:

aa. The Operator will provide a qualitative evaluation of the baseline conditions in the riparian corridor, wetland, or surface Water of the State; and

bb. Identify Best Management Practices to avoid, minimize, or mitigate potential adverse impacts to the identified riparian corridors, wetlands, and surface waters of the State.

iii. A qualitative evaluation of potential impacts to, and a summary of Best Management Practices or other measures to avoid, minimize, or mitigate adverse impacts to the following categories of Public Water System intakes and wells within the boundaries of the CAP:

aa. Surface water supply areas as defined in Rule 411.a.(1);

bb. Public Water System supply wells that are groundwater under the direct influence of surface water wells or Type III wells as defined in Rule 411.b.(1); and

cc. Any surface water Public Water System intakes within 15 stream miles downstream of the CAP boundaries.

iv. A qualitative evaluation of the potential for erosion and sedimentation to adversely impact water quality, and a summary of Best Management Practices or other measures to avoid, minimize, or mitigate adverse impacts.

v. The total volume of water the Operator plans to use (measured in bbls), an inventory of the sources from which the Operator intends to obtain the water, and estimated volumes, from each of the following sources:

aa. Freshwater from any Groundwater source;

bb. Freshwater from any lake or stream source;

cc. Freshwater from any domestic water source;

dd. Reclaimed water from a municipal source; and

ee. Recycled or reused E&P Waste.

vi. A qualitative evaluation of the Operator's plan for recycling or disposal of Flowback water and produced water, and the estimated volumes (measured in bbls) of each planned method.

D.Terrestrial and Aquatic Wildlife Resources. A quantitative evaluation of potential impacts to Wildlife Resources as a result of Oil and Gas Operations associated with the proposed CAP, including:

i. The approximate total number of acres of High Priority Habitat within the CAP boundaries, and a breakdown (by acres) of each:

aa. Existing Rule 1202.c High Priority Habitat, including types;

bb. Existing Rule 1202.d High Priority Habitat, including types; and

cc. Existing Rule 309.e.(1) consultation habitats, including types;

ii. The number of acres of new or expanded surface disturbance anticipated within High Priority Habitat associated with:

aa. New and amended Oil and Gas Locations proposed in the CAP;

bb. New and expanded access roads proposed in the CAP; and

cc. New and expanded flowline, pipeline, and utility corridors proposed in the CAP;

iii. The number of acres of new or expanded surface disturbance within High Priority Habitat broken down by type of High Priority Habitat;

iv. Total disturbed acreage within High Priority Habitat remaining after interim Reclamation associated with the proposed CAP; and

v. A qualitative description of any beneficial impacts beyond interim or final reclamation or compensatory mitigation that the Operator proposes for High Priority Habitats within the CAP boundaries, and the anticipated timeline for those impacts.

E. Biological, Ecosystem, and Soil Resources.

i. Total acreage of maximum new or expanded surface disturbance associated with the proposed CAP;

ii. Total acreage disturbed after interim Reclamation associated with the proposed CAP;

iii. A breakdown (by acreage) of the types of current land use that will be disturbed by the proposed Oil and Gas Operations;

iv. A qualitative evaluation of incremental adverse impacts to topsoil as a result of surface disturbance associated with the proposed CAP;

v. A qualitative evaluation of incremental adverse impacts of Oil and Gas Operations associated with the proposed CAP on any barrens habitats and habitats identified as SWAP Habitats in Colorado Parks and Wildlife State Wildlife Action Plan (2015), Ch. 3, Table 4. Only the 2015 version of the State Wildlife Action Plan applies; later versions do not apply. All materials incorporated by reference in this Rule are available for public inspection during normal business hours from the Public Room Administrator at the office of the Commission, 1120 Lincoln Street, Suite 801, Denver, CO 80203. In addition, the State Wildlife Action Plan is available online at https://cpw.widen.net/s/gnjwdl87fn/co_swap_fullversion; and

vi. A quantitative evaluation of any Reclamation activities associated with the Plugging and Abandonment of existing Wells or closure of existing Oil and Gas Locations within the proposed CAP's boundaries.

F.Public Welfare. A qualitative or quantitative evaluation of incremental adverse impacts to public welfare as a result of Oil and Gas Operations associated with the proposed CAP, that addresses each of the following potential sources of impacts to public welfare, over both a short-term and long-term timeframe. The evaluation will include any compensatory or other offset beneficial impacts.

i. Traffic;

ii. Noise;

iii. Light;

iv. Odor;

v. Dust; and

vi. Recreation and scenic values.

G.Disproportionately Impacted Communities. The community and census block groups of any Disproportionately Impacted Communities within the CAP boundaries. For each Oil and Gas Location, or any access road, flowline, pipeline, or utility corridor proposed in or within 2,000 feet of a Disproportionately Impacted Community, the Operator will provide a narrative to describe known past, present, and reasonably foreseeable adverse environmental impacts in each Disproportionately Impacted Community, and a summary describing how the Operator intends to avoid, minimize, or mitigate additional adverse Cumulative Impacts through the CAP's landscape-level planning.

H.NOx Intensity Target for Proposed Comprehensive Area Plans Within the Ozone Nonattainment Area.

i.Operators Subject to the NOx Intensity Target.

aa. The Operator will provide the following information, as submitted in its most recent interim report pursuant to AQCC Regulation No. 7, Part B.VI.E.4, as incorporated in Rule 301.h:

1. NOx intensity, calculated pursuant to AQCC Regulation No. 7, Part B.VI.E.2.a, as incorporated in Rule 301.h; and

2. Indication of whether the operator has met, has exceeded, or is below its NOx Intensity Target.

3. If any data pertaining to an Operator's NOx Intensity Target is corrected and submitted to CDPHE, the same corrected data will be submitted to the Commission within 10 days of its submission to CDPHE.

bb. The Operator will provide the following information, as submitted in its most recent annual report pursuant to AQCC Regulation No. 7, Part B.V.B, as incorporated in Rule 301.h:

1. NOx intensity, calculated pursuant to AQCC Regulation No. 7, Part B.VI.E.2.a, as incorporated in Rule 301.h; and

2. Indication of whether the operator has met, has exceeded, or is below its NOx Intensity Target.

3. If any data pertaining to an Operator's NOx Intensity Target is corrected and submitted to CDPHE, the same corrected data will be submitted to the Commission within 10 days of its submission to CDPHE.

ii.Operators Not Subject to the NOx Intensity Target. For Operators not subject to the NOx Intensity Target pursuant to AQCC Regulation No. 7, as incorporated in Rule 301.h, for the preceding May 1 through September 30 period, the following information:

aa. A statement acknowledging that the operator will comply with Enhanced Systems and Practices for all activities included in the CAP; and

bb. A list of additional operational practices to be utilized by the operator to reduce emissions of NOx.

I.Impacts to Climate - Greenhouse Gas Intensity Targets.

i. An Operator will provide the following information as submitted in its most recent annual report required by AQCC Regulation No. 7, Part B.V.B, as incorporated in Rule 301.h:

aa. A sum of the operator's monthly carbon dioxide (CO₂), methane (CH₄), and nitrous oxide (N₂O) emissions for the calendar year pursuant to AQCC Regulation No. 7, Part B.V.B.1.f, as incorporated in Rule 301.h;

bb. The total greenhouse gas emissions as carbon dioxide equivalent (CO₂e);

cc. The previous calendar year production of hydrocarbon liquids and natural gas summed for all of the operator's well production facilities AQCC Regulation No. 7, Part B.V.B.1.d, as incorporated in Rule 301.h;

dd. The calculated Greenhouse Gas Intensity; and

ee. Indication of whether the operator has met, has exceeded, or is below its Greenhouse Gas Intensity Targets.

iii. If the Operator is new to market, as defined by AQCC Regulation No. 7, Part B.VIII.A.23, as incorporated in Rule 301.h, the Operator will instead indicate its status as a new to market Operator.

J.Beneficial Impacts. A quantitative evaluation of any Reclamation activities associated with the Plugging and Abandonment of existing Wells or closure of existing Oil and Gas Locations within the proposed CAP's boundaries; including:

i. The number of existing Wells that are planned to be Plugged and Abandoned as part of this CAP:

aa. The API number of each Well; and

bb. The anticipated year of Plugging and Abandonment operations for each Well;

ii. The number of existing Oil and Gas Locations that are planned to be closed and undergo final Reclamation as part of this CAP:

aa. The Location ID number of each Oil and Gas Location; and

bb. The anticipated year of final Reclamation operations;

iii. The total number of acres that are planned to be reclaimed through the closing of existing Oil and Gas Locations;

iv. The total number of existing Pits and other non-Well Oil and Gas Facilities that are planned to be closed and undergo final Reclamation as part of this CAP:

aa. The Facility ID number of each Pit or Facility; and

bb. The anticipated year of final Reclamation operations;

v. The total number of tanks, and their total storage volume, planned to be removed from existing Oil and Gas Locations as part of this CAP, including:

aa. Oil tanks;

bb. Condensate tanks; and

cc. Produced water tanks; and

vi. A qualitative description of any operations or activities resulting in beneficial impacts beyond those listed above that the Operator plans to conduct as part of this CAP, and the anticipated scope, timeline, and duration of those activities.

K.Comprehensive Area Plan Cumulative Impacts Analysis. On its Form 2F, the Operator will attach a narrative describing the current baseline conditions of existing and reasonably foreseeable future sources of impacts and potential receptors within the CAP, explain the potential incremental impacts of the proposed Oil and Gas Operations as identified in the Form 2F data, and describe how the incremental impacts will contribute to Cumulative Impacts within the CAP boundaries and beyond the CAP boundaries where appropriate. The summary will be written in easily understandable plain language and will include:

i. A description of all publicly maintained roads as indicated on maps pursuant to Rule 314.e.(3).B, including general usage and traffic type;

ii. A description of all wildlife habitats identified on maps pursuant to Rule 314.e.(3).E. Operators will rely upon best available information when assessing wildlife habitat within the CAP's boundaries and may provide supplemental site-specific published reports or wildlife surveys;

iii. A general description of existing neighborhoods, including Disproportionately Impacted Communities, as indicated on maps pursuant to Rule 314.e.(3).F & K;

iv. A description of Groundwater resources, including quantity and quality, as indicated on maps pursuant to Rule 314.e.(3).H;

v. A description of surface water resources, including quantity and quality, as indicated on maps pursuant to Rule 314.e.(3).J;

vi. A description of existing and unbuilt permitted Oil and Gas Locations as indicated on maps pursuant to Rule 314.e.(3).K;

vii. A description of existing and unbuilt permitted Industrial Facilities as indicated on maps pursuant to Rule 314.e.(3).L, including summaries of any reported emissions, spills or other adverse impacts;

viii. A description of any other current or historic significant pollution sources or sensitive receptors;

ix. A summary describing the incremental impacts identified in the Form 2F data fields; and

x. An evaluation summarizing, in plain language, how the incremental impacts anticipated by the CAP will contribute to Cumulative Impacts within the CAP boundaries and beyond the CAP boundaries where significant.

(11)Preliminary Siting Approval Information Requirements.

A. An Operator seeking preliminary siting approval through a CAP pursuant to Rule 314.b.(4) will submit the following information:

i. For each proposed future Oil and Gas Location within the CAP, an alternative location analysis that meets the criteria of Rule 304.b.(2).B;

ii. For each proposed future Oil and Gas Location within the CAP, the information required by Rules 304.b.(3), (4), (7), & (8);

iii. For each proposed future Oil and Gas Location within the CAP, a Cumulative Impacts analysis pursuant to Rules 304.b.(2).D and 315.b;

iv. A Form 2B, Cumulative Impacts Data Identification, for each Oil and Gas Development Plan proposed within the CAP; and

v. Either:

aa. The applicable long-term or comprehensive land use plan for each Local Government within the CAP, that identifies current and planned future land uses for all areas within the CAP for the proposed full duration of the CAP; or

bb. Certification that each Relevant Local Government agrees with each proposed Oil and Gas Location within its boundaries.

B. An Operator seeking preliminary siting approval for all of its proposed new and amended Oil and Gas Locations in its CAP application is exempt from submitting the Form 2F, CAP Incremental Impact Data Identification, unless the Director determines that any Form 2B(s) submitted pursuant to Rule 314.e.(11).A.iv is insufficient to conduct a Cumulative Impacts analysis for the CAP application.

C. If an Operator receives preliminary siting approval, the Operator need not submit the following information as part of the subsequent Oil and Gas Development Plan or Form 2A application for any associated Oil and Gas Development Plan, unless otherwise required pursuant to Rule 314.e.(11).D:

i. Alternative location analysis pursuant to Rule 304.b.(2);

ii. The information required by Rules 304.b.(3), (4), (7), & (8);

iii. Cumulative Impacts analysis pursuant to Rules 304.b.(2).D and 315.b;

iv. Form 2B, Cumulative Impacts Data Identification pursuant to Rule 315.a.(2).

D. If an Operator receives preliminary siting approval, the Operator will submit a description of any changes from between the time the CAP was approved and the time the Form 2A is submitted as an attachment to the Form 2A application for any subsequent Oil and Gas Development Plan application. The description will include, but is not limited to:

i. Changes to the current surrounding land use, or future land use changes contemplated in a Local Government Planning document;

ii. Changes in natural conditions such as migration of river systems or floodplains, changes in topography, or significant changes in vegetation cover type or density;

iii. Changes to High Priority Habitat and Disproportionately Impacted Community designations;

iv. Advances in available industry technology;

v. Changes in pipeline capacity or availability;

vi. Changes in the Operator's siting or operational plans;

vii. Other changes that result in a discrepancy between the data approved in the CAP and the data submitted in the Oil and Gas Development Plan.

E. If any changes are identified pursuant to Rule 314.e.(11).C, the Director may require the Operator submit any of the information listed in Rule 314.e.(11).D.i-iv with its Oil and Gas Development Plan.

F. Preliminary siting approval pursuant to Rule 314 does not guarantee that the Commission will ultimately approve any associated Form 2As within an approved CAP.

G. An Operator seeking preliminary siting approval pursuant to Rule 314.b.(4) will consult with the Director during the course of the Director's review of the CAP application to determine whether the informational requirements of Rule 304.b are substantially satisfied by the information contained in the CAP.

H. An Operator seeking preliminary siting approval pursuant to Rule 314.b.(4) will provide notice of the CAP application to Building Unit and High Occupancy Building Unit owners and tenants within 1/2 mile of each proposed Oil and Gas Location within 7 days of submitting the CAP application.

(12)Completeness Certification. A certification that the Operator has submitted all materials required by this Rule 314.e.

f.Public Review Process.

(1)Notice.

A. When the Director issues a completeness determination pursuant to Rule 314.d.(4), the Director will post the CAP application and all supporting materials to the Commission's website. The website posting will provide:

i. The date by which public comments must be received to be considered; and

ii. The mechanism for the public to provide comments.

B.Confidentiality. If the Operator designates any portion of its CAP application as "confidential" pursuant to Rule 223, then the Director will post only the redacted version when the CAP is posted to the Commission's website.

C. Within 7 days of the Director issuing the completeness determination, the Operator will provide notice to the following:

i. All Owners of minerals that would be developed under the CAP;

ii. All Surface Owners of the Operator's proposed Oil and Gas Locations;

iii. All Local Governments within the CAP's boundaries;

iv. All Local Governments within 2,000 feet of the CAP's boundaries;

v. All Residential Building Units within 1/2 mile of the Operator's proposed Oil and Gas Locations;

vi. All Residential Building Units in a Disproportionately Impacted Community that are within 4,000 feet of the Operator's proposed Oil and Gas Locations;

vii. All attendees of the pre-application community meeting who provided an electronic mail address pursuant to Rule 301.g.(2).B.iii;

viii. CDPHE;

ix. CPW;

x. The Colorado State Land Board (if it owns any minerals or surface estate within the CAP);

xi. The appropriate federal agency (if any federal entity owns minerals or surface estate within the CAP);

xii. The Southern Ute Indian Tribe (if the CAP involves any minerals within the exterior boundary of the Tribe's reservation where both the surface and oil and gas estates are owned in fee by persons or entities other than the Tribe);

xiii. All High Occupancy Building Units, Child Care Centers, and the School Governing Body of any Schools located within the CAP's boundaries; and

xiv. All Public Water Systems that operate facilities within the CAP's boundaries.

D.Procedure for Providing Notice. The Operator will provide notice required by Rule 314.f.(1).C by one of the following mechanisms:

i. Hand delivery, with confirmation of receipt;

ii. Certified mail, return-receipt requested;

iii. Electronic mail, with electronic receipt confirmation; or

iv. By other delivery service with receipt confirmation.

(2)Comments.

A. The Director will only consider comments received within 60 days from the date the CAP is posted on the Commission's website.

B. The Director will post on the Commission's website all comments received unless they contain confidential information.

C. Upon request or by the Director's own initiative, the Director may extend the comment period by any duration determined to be reasonable in order to obtain relevant public input.

(3)Public Meeting. An Operator will hold at least 1 informational meeting with all persons or entities entitled to notice pursuant to Rule 314.f.(1).C.

A.Timing of Meeting. The informational meeting will be held during the open public comment period, with sufficient time for the attendees to make comment on the CAP application based on information received. The date, time, type, and location of the meeting, will be determined with input from the Community Liaison and be held at a location reasonable for most invitees to attend.

B.Accommodation. The Operator will facilitate coordination of child care, transportation, and translation interpretation services upon request or as indicated by the Community Liaison.

C.Language Access. All written and oral information provided at a public meeting will also be provided in all languages spoken by 5% or more of the population in any census block groups within or adjacent to the proposed CAP.

D.Content of Meeting. The Operator will provide at a minimum the following information:

i. The Operator's contact information including its electronic mail address, phone number, and physical address(es) to which the public may direct questions and comments;

ii. An opportunity for attendees to provide an electronic mail address in order to receive written correspondence from the Operator or Commission regarding the proposed CAP application;

iii. The Commission's website address and main telephone number, and information about how attendees may make public comments on the CAP application;

iv. The schedule of operations;

v. Maps and figures of the CAP area boundary and all Oil and Gas Locations subject to the CAP; and

vi. Anticipated Best Management Practices to be employed during the term of the CAP to minimize adverse environmental impacts on any air, water, soil, or Biological Resource resulting from Oil and Gas Operations.

E. The Operator will provide to the Director a written summary of the meeting detailing:

i. The date, time, location, and format of the meeting;

ii. The number of attendees and description of any accommodations made to facilitate their participation, such as child care, transportation, or translation and interpretation services;

iii. Any comments voiced by the attendees in support or opposition and the Operator's responses to each comment; and

iv. Any revisions the Operator intends to make to the CAP application as a result of the meeting.

(4)Consultation. Consultation about a CAP will allow the consulting entities to provide input about the Cumulative Impacts associated with the CAP, timing of operations, consolidation of infrastructure, and conveying the right of Operatorship in the area of the CAP. Consultation about a CAP is intended to be limited to these topics, and is not a replacement for consultation otherwise required for individual Oil and Gas Development Plans.

A.Local Governments.

i. During the public comment period, the Director will engage in a Formal Consultation Process with all Local Governments within the CAP and Local Governments within 2,000 feet of the CAP's boundaries, unless any Local Government waives its right to consultation.

ii. The Local Government Formal Consultation Process will include any relevant topics identified by the Local Government, but will address at least:

aa. The current land use of all areas within the CAP's boundaries, and all future planned land uses of areas within the CAP's boundaries over the anticipated duration of the CAP; and

bb. Cumulative traffic impacts.

iii. If an Operator seeks preliminary siting approval pursuant to Rule 314.b.(4), the Formal Consultation Process will address whether the proposed future Oil and Gas Locations are consistent with the long-term or comprehensive land use plan for all Local Governments within the CAP's boundaries for the duration of the CAP.

B.CPW.

i. During the public comment period, the Director will engage in a Formal Consultation Process with CPW, unless CPW waives its right to consultation.

ii. The Formal Consultation Process with CPW may address any relevant topic, but will address the proposed CAP's Cumulative Impacts on Wildlife Resources and measures to avoid, minimize, and mitigate those impacts.

C.CDPHE.

i. During the public comment period, the Director will engage in a Formal Consultation Process with CDPHE, unless CDPHE waives its right to consultation.

ii. The Formal Consultation Process with CDPHE may address any relevant topic, but will address the proposed CAP's Cumulative Impacts on public health and the environment, including air quality, water quality, Public Water System supplies, and E&P Waste disposal. The consultation will also address the Operator's NOx Intensity Target and the Greenhouse Gas Intensity Targets statuses, if applicable.

g.Director's Recommendation on the Comprehensive Area Plan.

(1)When the Director May Issue a Recommendation. The Director will not make a Recommendation to the Commission about whether to approve or deny any CAP until after:

A. The Director has fully reviewed the CAP and all supporting application materials and has obtained all information necessary to evaluate the proposed operations and their potential Cumulative Impacts on public health, safety, welfare, the environment, and wildlife resources.

B. The public comment period has ended, including conducting a public meeting pursuant to Rule 314.f.(3), and the Director has considered all substantive public comments received.

C. The Director has completed the Formal Consultation Process with all Local Governments identified in Rule 314.f.(4).A, CPW, CDPHE, and any federal agency identified in Rule 314.f.(4).D, unless any such entity waives its right to consultation.

(2)Director's Recommendation.

A.Approval. The Director may Recommend that the Commission approve a CAP that:

i. Complies with all requirements of the Commission's Rules; and

ii. Protects and minimizes adverse cumulative impacts to public health, safety, welfare, the environment, and wildlife resources.

B.Denial. If the Director determines that a CAP does not meet the requirements of Rule 314, or provide necessary and reasonable protections for, or minimize adverse impacts to, public health, safety, welfare, the environment, and wildlife resources, or fails to meet the requirements of the Commission's Rules, the Director may Recommend that the Commission deny the CAP.

(3)Notice of Director's Recommendation. Upon issuing the Director's Recommendation, the Director will post the written basis for the Director's Recommendation on the Commission's website, and notify the following persons electronically in a manner determined by the Director:

A. The Operator;

B. All Local Governments within the CAP;

C. Local Governments within 2,000 feet of the CAP's boundaries;

D. CDPHE;

E. CPW;

F. The Colorado State Land Board (if it owns any minerals or surface estate within the CAP);

G. The appropriate federal agency (if any federal entity owns minerals or surface estate within the CAP);

H. Any person or entity that participated in a public meeting pursuant to Rule 314.f.(3) and provided an electronic mail address; and

I. Any person or entity that has provided a comment electronically pursuant to Rule 512.

(4)Petition for Review of the Director's Recommendation. CPW, CDPHE, any Local Government within the CAP or Local Governments within 2,000 feet of the CAP's boundaries, and any Owners of minerals within the boundaries of the CAP may petition the Commission to review the Director's Recommendation. Petitions of the Director's Recommendation will comply with Rule 507.

(5) If the Director does not issue a Recommendation within 180 days of a completeness determination pursuant to Rule 314.d.(4), the Operator may move for a hearing before the Commission, Administrative Law Judge, or Hearing Officer. At such hearing, the Director will provide an explanation of the status of the Director's review of the CAP and any reasons for delay.

h. Commission's Consideration of a Comprehensive Area Plan.

(1) If the Director recommends approval of a CAP, the CAP will be heard by the Commission pursuant to Rules 509 & 510.

(2) If the Director recommends the denial of the CAP, the Operator may petition the Director's Recommendation to the Commission. The petition will be filed and heard pursuant to Rules 507 & 510.

(3)Approval. The Commission may approve a CAP that complies with all requirements of the Commission's Rules and protects and minimizes adverse Cumulative Impacts to public health, safety, welfare, the environment, and wildlife resources.

(4)Denial. If the Commission determines that a CAP does not provide necessary and reasonable protections for, or minimize adverse impacts to, public health, safety, welfare, the environment, and wildlife resources, or fails to meet the requirements of the Commission's Rules, the Commission may deny the CAP. The Commission will identify in the record the basis for the denial.

(5)Stay. If the Commission determines that additional information or analysis is necessary for it to make a decision to approve or deny a CAP, it will issue an order staying consideration of the CAP for further consideration until the Director or Operator can provide the Commission with the additional information or analysis necessary to consider the CAP. The Commission may set or extend reasonable deadlines for the Director or Operator to provide additional information or analysis to the Commission.

(6)Final Agency Action. The Commission's decision to approve or deny a CAP will constitute final agency action. The Commission's decision to stay a CAP for further consideration will not constitute final agency action.

(7)Changes to an Approved CAP. Changes to an approved CAP will be approved or denied by the Commission, after appropriate notice, consultation pursuant to Rule 314.f.(4) and Director review. The Director will have discretion to determine appropriate notice and consultation requirements based on the scale and nature of the changes.

2 CCR 404-1-314

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

47 CR 22, November 25, 2024, effective 12/15/2024