2 Colo. Code Regs. § 404-1-315

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

Section 2 CCR 404-1-315 - CUMULATIVE IMPACTS DATA AND ANALYSIS

a.Cumulative Impacts Data Evaluation Repository.

(1)Purpose. This Rule 315.a is intended to provide data for the Commission's cumulative impacts data evaluation repository ("CIDER") and to allow the Commission to evaluate potential Cumulative Impacts related to the proposed Oil and Gas Locations submitted in an Oil and Gas Development Plan, operations proposed in a Form 2 that are not subject to an Oil and Gas Development Plan, or operations proposed in a CAP. The Commission intends to use the data, in cooperation with CDPHE and other partners, to undertake basin-wide, statewide, and other studies to evaluate and address Cumulative Impacts to relevant resources at appropriate scales pursuant to Rules 315 and 904.

(2)Resource Impacts. The Operator will submit a Form 2B, Cumulative Impacts Data Identification that provides quantitative and qualitative data to evaluate incremental adverse and beneficial contributions to Cumulative Impacts caused by the proposed Oil and Gas Operations, including any measures the Operator will take to avoid, minimize, or mitigate any adverse impacts:

A.Air Resources and Impacts to Climate. A quantitative evaluation of the incremental change in the pollutants listed below, estimated for the proposed Oil and Gas Operations. The emissions estimates will include both stationary and mobile sources of emissions owned or controlled by the Operator, as well as reasonably foreseeable truck traffic, during all pre-production activities, and both stationary and mobile sources of emissions owned or controlled by the Operator, as well as reasonably foreseeable truck traffic, for the first year of production based on all proposed wells and equipment.

i. NOx;

ii. Carbon monoxide (CO);

iii. Volatile Organic Compounds (VOCs);

iv. Methane (CH₄);

v. Ethane (C₂H₆);

vi. Carbon dioxide (CO₂);

vii. Nitrous oxide (N₂O); and

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

B.Public Health. An evaluation of incremental adverse impacts to public health due to the proposed Oil and Gas Operations, including:

i. A quantitative evaluation of the incremental increase in total hazardous air pollutant emissions estimated for the entire proposed Oil and Gas Operations. The emissions estimates will include both stationary and mobile sources of emissions owned or controlled by the Operator during all pre-production activities, and both stationary and mobile sources of emissions owned or controlled by the Operator for the first year of production based on all proposed wells and equipment.

ii. A quantitative evaluation of the incremental increase in specific hazardous air pollutant emissions with known health impacts, estimated for the entire proposed Oil and Gas Operations. The emissions estimates will include both stationary and mobile sources of emissions owned or controlled by the Operator during all pre-production activities, and both stationary and mobile sources of emissions owned or controlled by the Operator for the first year of production based on all proposed wells and equipment:

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.

iii. A qualitative evaluation of any potential acute or chronic, short- or long-term incremental impacts to public health as a result of such emissions.

iv. Whether the proposed Oil and Gas Development Plan includes any proposed Oil and Gas Locations or Wells within a Disproportionately Impacted Community.

v. An affirmation that the operator will not use PFAS Chemicals or any of the chemical additives prohibited by Rule 437 in their Hydraulic Fracturing Fluid.

C.Water Resources.

i. The total planned on-location storage volume (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. An evaluation and identification of potential contaminant migration pathways and likely distances from the proposed Oil and Gas Locations or Wells to the nearest downstream riparian corridors, wetlands, and surface Waters of the State. If the Operator identifies any such contaminant migration pathways, the Operator will provide a qualitative evaluation of the baseline conditions in, and potential impacts to, the riparian corridor, wetland, or surface Water of the State.

iii. A qualitative evaluation of potential impact to any Public Water System intake.

iv. A quantitative evaluation of the anticipated volume of all surface water and Groundwater to be used, including the percentage of the total volume that is anticipated to be reused or recycled water, consistent with Rules 304.c.(18).A & C.

D.Terrestrial and Aquatic Wildlife Resources and Ecosystems. A quantitative or, where quantitative information is not reasonably available, a qualitative evaluation of potential impacts to Wildlife Resources as a result of the proposed Oil and Gas Operations, including:

i. List of High Priority Habitats within the Area of Evaluation, as set forth in Rule 315.b.(2).A.

ii. Total acreage of new or expanded surface disturbance associated with the proposed Oil and Gas Operations, including:

aa. A breakdown (by acreage) of the types of current land use;

bb. The number of acres of new or expanded surface disturbance within High Priority Habitat; and

cc. A brief narrative description regarding the Location's or Well's High Priority Habitat disturbance.

iii. A brief qualitative evaluation of the potential direct and indirect impacts to other wildlife species and habitats within the Area of Evaluation, including impacts from surface disturbance, pre-production and production, noise, and light.

E.Biological and Soil Resources.

i. A quantitative or, where quantitative information is not reasonably available, a qualitative evaluation of incremental adverse or beneficial impacts to topsoil within the Area of Evaluation, as set forth in Rule 315.b.(2).A, of the Working Pad Surface of the proposed Oil and Gas Location as a result of surface disturbance associated with the proposed Oil and Gas Operations; and

ii. A quantitative evaluation of incremental adverse or beneficial impacts on any barrens habitats and habitats identified as SWAP Habitats in Colorado Parks and Wildlife State Wildlife Action Plan (2015), Ch. 3, Table 4, as incorporated in Rule 314.e.(10).E.v, within the Area of Evaluation, as set forth in Rule 315.b.(2).A, of the Working Pad Surface of the proposed Oil and Gas Location as a result of the proposed Oil and Gas Operations. The evaluation will also include a summary of proposed Best Management Practices to avoid, mitigate, or offset incremental impacts to Biological Resources.

F.Public Welfare. A quantitative evaluation, or a qualitative evaluation where quantitative information is not reasonably available, of incremental adverse or beneficial impacts to public welfare as a result of the proposed Oil and Gas Operations, that addresses each of the following potential sources of impacts to public welfare, over both a short-term and long-term timeframe:

i. Noise;

ii. Light;

iii. Odor;

iv. Dust; and

v. Recreation and scenic values.

(3)Surrounding Oil and Gas Surface Disturbance and Impacts. On the Form 2B, the Operator will identify Oil and Gas Locations within the Area of Evaluation, as set forth in Rule 315.b.(2).A, of each of the proposed Oil and Gas Locations or Wells associated with the proposed Oil and Gas Operations. Specifically, on the Form 2B, the Operator will identify:

A. The total number of active, permitted, and proposed Oil and Gas Locations within the Area of Evaluation of each of the proposed Oil and Gas Locations or Wells, including those permitted by the Relevant Local Government, even if a permit application has not yet been submitted to the Commission for the same location.

B. The cumulative total acreage that is currently disturbed for active Oil and Gas Locations and the acreage planned to be disturbed to construct the proposed Oil and Gas Locations or Wells within the Area of Evaluation for the proposed Oil and Gas Operations, and the source(s) used to calculate the total acreage, which may include:

i. Any relevant field observation or measurements;

ii. Any high resolution publicly accessible aerial imagery taken within the last 12 months; or

iii. The Commission's electronic location files.

C. The total number of oil and gas Wells within the Area of Evaluation, as set forth in Rule 315.b.(2).A, of each of the proposed Oil and Gas Locations or Wells that are:

i. Active;

ii. Permitted but not drilled;

iii. Proposed; and

iv. Plugged and Abandoned.

D. The total volume of produced hydrocarbon and produced water storage that exists and is proposed at the active and proposed Oil and Gas Locations within the Area of Evaluation, as set forth in Rule 315.b.(2).A, of each of the proposed Oil and Gas Locations or Wells associated with the proposed Oil and Gas Operations, and the sources used to calculate the storage volumes.

(4)Other Surface and Industrial Impacts. On the Form 2B, the Operator will identify existing surface impacts and Industrial Facilities within the Area of Evaluation, as set forth in Rule 315.b.(2).A, for the proposed Oil and Gas Locations or Wells associated with the proposed Oil and Gas Operations, including:

A. A map or aerial photo, if necessary, showing the proposed Oil and Gas Location(s), roads, and the Industrial Facilities; and

B. A general description of the use or operation of the Industrial Facilities.

(5)Beneficial Impacts. On the Form 2B, the Operator will identify past, present, and reasonably foreseeable future beneficial impacts arising from the proposed Oil and Gas Development Plan or other Oil and Gas Operations.

A. The Well name, number, and API number of any Wells to be plugged and abandoned as part of the proposed Oil and Gas Development Plan or other Oil and Gas Operations, and whether such Wells are located within a Disproportionately Impacted Community or High Priority Habitat. The Operator will also include:

i. The anticipated year the Well will be plugged; and

ii. An indication of whether the Well is, or will be, placed on the Operator's Plugging List or designated as an Out of Service Well.

B. The Location name, number, and identification number of any Oil and Gas Location to be decommissioned and undergo final reclamation as part of the proposed Oil and Gas Development Plan or other Oil and Gas Operations, and whether such Locations are located within a Disproportionately Impacted Community or High Priority Habitat.

C. The number of acres planned to be reclaimed through the closing any Oil and Gas Location to be decommissioned and undergo final reclamation as part of the proposed Oil and Gas Development Plan or other Oil and Gas Operations.

D. The number of Tanks planned to be removed from existing Oil and Gas Locations as part of the proposed Oil and Gas Development Plan or other Oil and Gas Operations, whether such Tanks were used to contain produced hydrocarbons or produced water, and whether such Tanks are located within a Disproportionately Impacted Community or High Priority Habitat.

(6)NOx and Greenhouse Gas Intensity Targets. On the Form 2B, the Operator will indicate whether it has met or exceeded its NOx and Greenhouse Gas Intensity Targets.

A.NOx Intensity Target Status. Operators will provide NOx Intensity Target information as set forth in Rule 316.a.(1).

B.Greenhouse Gas Intensity Targets Status.

i. With its Oil and Gas Development Plan application or Form 2 pursuant to Rule 308.a, 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 pursuant to 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.

ff. New to market operators, as defined by AQCC Regulation No. 7, Part B.VIII.A.23, as incorporated in Rule 301.h, will instead indicate their status as a new to market operator.

(7)Plain Language Summary. The Operator will submit a plain language summary of the Form 2B prepared pursuant to Rule 315.a.(2)-(6) explaining the potential incremental impacts of the proposed Oil and Gas Operations in easily understandable terms.

b.Cumulative Impacts Analysis.

(1)Applicability. This Rule 315 applies to:

A. Any proposed Oil and Gas Location pursuant to Rule 304.b.(2);

B. A Form 2 identified pursuant to Rule 308.c.(2).B;

C. Subsequent operations on existing wells pursuant to Rule 312.d.(3); and

D. Other matters where the Director determines that a Cumulative Impacts analysis is necessary and reasonable to protect public health, safety, welfare, the environment, or wildlife resources, or address Cumulative Impacts.

(2)Cumulative Impacts Analysis. An Operator will submit a Cumulative Impacts analysis to illustrate how the Operator has evaluated Cumulative Impacts for the operation of the Oil and Gas Location(s) or Well(s) to resources identified in this Rule 315.b. Such analysis will include:

A.Area of Evaluation.

i.Default Areas of Evaluation.

aa.Water Resources. The Operator will evaluate and analyze potential impacts to water resources pursuant to Rule 315.b.(2).E.ii within a 2.5 mile radius from the Working Pad Surface of the Oil and Gas Location(s). If the Working Pad Surface of the Oil and Gas Location(s) is within a Surface Water Supply Area pursuant to Rule 411.a.(1), the Area of Evaluation for water resources will also extend 5 miles downstream.

bb.All Other Resources. The Operator will evaluate and analyze potential impacts for all other resources described in Rules 315.b.(2).C and E within a 1 mile radius from the Working Pad Surface of the Oil and Gas Location(s).

ii.Expanded Areas of Evaluation. The Operator will expand the Areas of Evaluation where necessary and reasonable to adequately analyze the potential Cumulative Impacts of the proposed operations due to the nature, intensity, and scope of the Oil and Gas Operations on the Location, and the geographic extent of potential impacts, and other past, present, and Reasonably Foreseeable Future Development in the vicinity of the Oil and Gas Location(s). In determining whether it is necessary and reasonable to expand the Areas of Evaluation, the Operator will defer to input from the Director, the Relevant Local Government, CDPHE, and CPW.

iii.Contracted Areas of Evaluation. The Operator may utilize Areas of Evaluation smaller than the Areas of Evaluation in Rule 315.b.(2).A.i where such Areas of Evaluation are not necessary and reasonable to adequately analyze the potential Cumulative Impacts of the proposed Oil and Gas Operations. The Operator may only utilize smaller Areas of Evaluation pursuant to this Rule 315.b.(2).A.iii if the Working Pad Surface of the Oil and Gas Location(s) is located:

aa. Outside the Ozone Nonattainment Area; and

bb. Within an area of topographical relief, in which the immediate lands surrounding the Oil and Gas Location(s) contain mountainous terrain or other distinctive features that eliminate or reduce the line of sight.

iv.Director's Review of Area of Evaluation.

aa. For any proposed Oil and Gas Location pursuant to Rule 304.b.(2), the Director's Recommendation prepared pursuant to Rule 306 will include the Director's evaluation of the appropriateness of the Areas of Evaluation utilized by the Operator.

bb. In all other circumstances, the Director will add a condition of approval to the applicable form, or otherwise indicate the Director's evaluation of the appropriateness of the Areas of Evaluation utilized by the Operator.

v. For any proposed Oil and Gas Location pursuant to Rule 304.b.(2), the Commission will defer to the Director's evaluation of the appropriateness of the Area of Evaluation, and may only require the Operator to use a different Area(s) of Evaluation if, after reviewing the record as a whole, the Commission determines that it is necessary and reasonable to adjust one or more Areas of Evaluation to assess the extent of potential impacts.

B. Recent high resolution aerial image(s) showing a delineation of the Oil and Gas Location's maximum surface area disturbance, Working Pad Surface, access road(s), and off-location flowlines, pipelines, or utility corridors. The image(s) will include annotation of the following from the specified proximity to the Working Pad Surface:

i. A 2,000-foot, 1/2 mile, and 1 mile radius, and a delineation of the Area of Evaluation;

ii. Any Disproportionately Impacted Community within the Area of Evaluation;

iii. All existing or permitted Residential Building Units, High Occupancy Building Units, School Facilities, and Child Care Centers within the Area of Evaluation;

iv. All High Priority Habitat within the Area of Evaluation;

v. All surface water bodies within the Area of Evaluation;

vi. All Public Water System intakes within the Area of Evaluation;

vii. All local government land use zoning designations within the Area of Evaluation;

viii. Any existing or permitted Oil and Gas Facilities within the Area of Evaluation;

ix. Any existing or permitted Industrial Facilities within the Area of Evaluation;

x. Any major transportation corridors, including but not limited to an interstate or state highway or railroad, within the Area of Evaluation;

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

xii. Any other significant potential sources, existing or permitted, that may contribute to adverse Cumulative Impacts within the Area of Evaluation.

C.Impacts From Other Past, Present, and Reasonably Foreseeable Development in Area of Evaluation. The Operator will submit the following information to enable the Commission to evaluate Cumulative Impacts in the Area of Evaluation combined with impacts from other past, present, and Reasonably Foreseeable Future Development:

i. A narrative description of impacts from publicly available local, state, or federal permits representing past, present, and Reasonably Foreseeable Future Development of any kind within the Area of Evaluation, and the incremental impacts of the Oil and Gas Location(s) or Well(s) on such development;

ii. A narrative description of any known sources of adverse impacts from Oil and Gas Facilities within the Area of Evaluation, based on publicly available data;

iii. A qualitative description of adverse Cumulative Impacts, identified based on publicly available data, as originating from an Industrial Facility within the Area of Evaluation;

iv. A copy of the most recent Colorado EnviroScreen data for the Oil and Gas Location;

v. A copy of any Environmental Equity and Cumulative Impact Analysis prepared by CDPHE pursuant to § 25-1-133, C.R.S. (2024) that includes the Area of Evaluation; and

vi. A copy of the CDPHE/APCD Environmental Justice Summary, if one has been submitted to CDPHE, for the Oil and Gas Location(s) or Facilities to be sited at the Oil and Gas Location(s), and a copy of any response or result of CDPHE's review of the summary.

D.Measures to Avoid, Minimize, or Mitigate Adverse Cumulative Impacts. The Operator will include:

i. A description of specific measures taken to avoid an incremental increase in Cumulative Impacts that would otherwise result from the proposed Operations and how such measures avoid adverse impacts to public health and the environment, including air quality, water quality, climate, noise, odor, wildlife, and Biological Resources.

ii. Where an incremental increase in adverse Cumulative Impacts will not be avoided, a description of measures taken to minimize an incremental increase in adverse Cumulative Impacts.

aa. The Operator will describe all Best Management Practices or Enhanced Systems and Practices the Operator is committed to implementing.

1. For each Best Management Practice or Enhanced System and Practice identified, a description of how it minimizes adverse impacts to public health and the environment, including air quality, water quality, climate, noise, odor, wildlife, and Biological Resources; and

2. If any Best Management Practice or Enhanced System and Practice is recommended by CPW or CDPHE at the pre-application meeting pursuant to Rules 301.f or g, or at any other consultation, but is not adopted by the Operator, the Operator will describe why such recommendation does not apply to, or is unnecessary or unreasonable for, the Oil and Gas Location(s), or why the Operator is otherwise unable to commit to such Best Management Practice or Enhanced System and Practice.

bb. The Operator will describe all other measures the Operator is committed to implementing and how such measures minimize adverse impacts to public health and the environment, including air quality, water quality, climate, noise, odor, wildlife, and Biological Resources.

iii. Where the measures described in Rules 315.b.(2).D.i and ii will not prevent an incremental increase to adverse Cumulative Impacts, a description of all measures taken to mitigate adverse Cumulative Impacts to any of the resources, and how those measures mitigate adverse impacts to public health, safety, and welfare, the environment, or wildlife resources, including but not limited to:

aa. Any Wells to be plugged and abandoned as part of the Oil and Gas Development Plan or other Oil and Gas Operations, and whether such Wells are located within a Disproportionately Impacted Community or High Priority Habitat;

bb. Any Facilities or equipment to be decommissioned and removed as part of the proposed Oil and Gas Operations and whether such Facilities are located within a Disproportionately Impacted Community or High Priority Habitat;

cc. Any Oil and Gas Locations to be reclaimed part of the proposed Oil and Gas Operations and whether such locations are located within a Disproportionately Impacted Community or High Priority Habitat;

dd. Any access road, flowline, gathering line, or pipeline infrastructure to be removed and reclaimed as part of the proposed Oil and Gas Operations and whether such roads or lines are located within a Disproportionately Impacted Community or High Priority Habitat;

ee. Any other information utilized by the Operator that would assist the Commission in evaluating the Cumulative Impacts from the Oil and Gas Location(s);

iv. If the Working Pad Surface of a proposed Oil and Gas Location is within 1/2 mile of a Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center within a Disproportionately Impacted Community, the Operator will include:

aa. A table illustrating the Colorado EnviroScreen score, EnviroScreen Group Component scores and EnviroScreen Individual Components scores for the proposed Oil and Gas Location;

bb. An explanation of how the Operator utilized the Colorado EnviroScreen score, EnviroScreen Group Component scores and EnviroScreen Individual Component scores to determine the proposed Best Management Practices and/or Enhanced Systems and Practices for the proposed Oil and Gas Locations within the impacted community;

cc. Identification of the proposed Best Management Practices and/or Enhanced Systems and Practices to be used at the proposed Oil and Gas Locations within the impacted community that address the issues that exist as reflected by the Colorado EnviroScreen score, the EnviroScreen Group Component scores, and the EnviroScreen Individual Component scores, as well as a narrative describing how the identified Practices mitigate, minimize or avoid the impacted community;

dd. A description of Best Management Practices and/or Enhanced Systems and Practices to be utilized by the Operator, if any, to address past, present, and reasonably foreseeable future impacts in such community;

ee. Identification of reasonable and necessary Best Management Practices to be utilized by the Operator to address any relevant issues or concerns identified in public comments or arising out of the Community Outreach meeting; and

ff. A description of beneficial impacts, if any, of the proposed Oil and Gas Development Plan to such community.

v. A narrative explanation qualifying the projected incremental increase to Cumulative Impacts that will not be avoided, minimized, or mitigated, including identification of the people, communities, resources, or other receptors impacted.

E.Resource Impact Descriptions. A narrative description of the evaluations that have been conducted by Operator to determine the incremental impacts of the proposed Oil and Gas Operations on public health and environment, including the air quality, water quality, climate, noise, odor, wildlife, and Biological Resources within the Area of Evaluation, or on a Disproportionately Impacted Community.

i.Evaluation of Cumulative Impacts - Air Quality. The Operator will provide the following information regarding its evaluation of impacts to air quality in the Area of Evaluation:

aa. Qualitative description of potential pre-production and production impacts to air quality from the Oil and Gas Location(s);

bb. Description of any relevant current or ongoing air quality monitoring reports generated by a Relevant and Proximate Local Government, including a discussion of any exceedances noted by the Local Government;

cc. Description of known sources with Title V operating permits, pursuant to the Clean Air Act, 42 U.S.C. § 7661- 7661f;

dd. Qualitative description of other sources of hazardous air pollutants within the Area of Evaluation, including whether the proposed Operations are anticipated to exceed or contribute to the exceedance of any applicable public health limits;

ee. Statement describing whether the Operator is below, has met, or is in exceedance of its NOx Intensity Target as of the date of the relevant application or form submission; and

ff. Identification of any instances of noncompliance with NOx Intensity Target by Operators with Oil and Gas Operations within the Area of Evaluation.

ii.Evaluation of Cumulative Impacts - Water Quality. The Operator will provide the following information regarding its evaluation of impacts to water quality in the Area of Evaluation:

aa. Description of water resources within the Area of Evaluation, including distances and directions to aquatic features nearest to the Oil and Gas Location(s);

bb. The categories of classified uses, antidegradation designation, water quality attainment status, and causes of any impairment as used and reported by CDPHE pursuant to the Clean Water Act Sections 303(d) and 305(b), of any segment and/or surface Water of the State, any portion of which is located within the Area of Evaluation;

cc. Description of potential pre-production and production impacts to aquatic features from the Oil and Gas Location(s);

dd. Description of Best Management Practices that will be implemented to prevent potential spills and impacts to water resources and water quality;

ee. Evaluation of proposed water use for pre-production activities and a summary of Best Management Practices intended to reduce impacts from freshwater use; and

ff. Description of impacts to water quality from other past, present, and Reasonably Foreseeable Future Development within the Area of Evaluation.

iii.Evaluation of Cumulative Impacts - Climate. The Operator will provide the following information regarding its evaluation of Impacts to Climate in the Area of Evaluation:

aa. Statement describing whether the Operator is below, has met, or is in exceedance of its Greenhouse Gas Intensity Targets as of the date of the relevant application or form submission;

bb. Estimate of the Greenhouse Gas emissions expected to occur from sources that are controlled or owned by the Operator, as well as reasonably foreseeable truck traffic, associated with the Oil and Gas Location(s);

cc. Any reductions in Greenhouse Gas emissions directly attributable to the Oil and Gas Location(s); and

dd. Description of Best Management Practices that would avoid, minimize, or mitigate adverse Impacts to Climate from the Oil and Gas Location(s).

iv.Evaluation of Cumulative Impacts - Noise. The Operator will provide the following information regarding its evaluation of impacts on noise in the Area of Evaluation:

aa. Description of the of pre-production and production noise sources and potential impacts to human and wildlife receptors within the Area of Evaluation;

bb. For Locations within 2,000 feet of a Residential Building Unit, High Occupancy Building Unit, School Facility or Child Care Facility, a description of all common, significant, and acute ambient noise sources, including periodicity, timing, and duration of noise events, and any publicly available baseline noise surveys;

cc. Description of any predictive noise modeling completed from the Oil and Gas Location(s) and summary of whether mitigation is required to comply with permissible noise level limits described in Rule 423 and noise limits of the Relevant Local Government;

dd. Description of relevant Best Management Practices and evaluation of how such Best Management Practices would avoid, minimize, or mitigate impacts to receptors from pre-production and production sources of noise; and

ee. Description of noise impacts from other past, present, and Reasonably Foreseeable Future Development within the Area of Evaluation.

v.Evaluation of Cumulative Impacts - Odor. The Operator will provide the following information regarding its evaluation of impacts on odor in the Area of Evaluation:

aa. Description of pre-production and production sources of odor and potential impacts to receptors in the Area of Evaluation;

bb. Description of relevant Best Management Practices and Enhanced Systems and Practices and evaluation of how such measures would avoid, minimize, or mitigate impacts to receptors from pre-production and production sources of odor; and

cc. Description of odor impacts from other past, present, and Reasonably Foreseeable Future Development within the Area of Evaluation.

vi.Evaluation of Cumulative Impacts - Wildlife. The Operator will provide the following information regarding its evaluation of impacts on wildlife in the Area of Evaluation:

aa. Qualitative evaluation of terrestrial and aquatic wildlife habitats within the Area of Evaluation;

bb. For Locations within High Priority Habitat, quantitative evaluation of High Priority Habitat surface disturbance from the Oil and Gas Location(s);

cc. Description of relevant Best Management Practices and evaluation of how such Best Management Practices would avoid, minimize, or mitigate impacts to wildlife, including noise, light, and odor;

dd. Description of potential for threatened, endangered or sensitive species habitat within the Oil and Gas Location(s), including a description of relevant Best Management Practices and evaluation of how such Best Management Practices would avoid, minimize, or mitigate impacts to potentially affected federally listed species. If impacts to federally listed species are anticipated, a description of consultation efforts with the U.S. Fish and Wildlife Service;

ee. Qualitative evaluation of other terrestrial or aquatic wildlife resources in the Area of Evaluation that could be affected by pre-production and production activities associated with the Oil and Gas Location(s), and how those potential impacts contribute to impacts from past, present, and reasonably foreseeable future development within the Area of Evaluation; and

ff. Description of impacts to wildlife from other past, present, and Reasonably Foreseeable Future Development within the Area of Evaluation.

vii.Evaluation of Cumulative Impacts - Biological and Soil Resources. The Operator will provide the following information regarding its evaluation of impacts on Biological and soil Resources in the Area of Evaluation:

aa.Soils.

1. Qualitative baseline evaluation of soil types within the Area of Evaluation;

2. Quantification of short-term and long-term (post interim reclamation) surface disturbance by soil type resulting from the Oil and Gas Location and associated access roads and flowlines;

3. Description of relevant Best Management Practices and an evaluation of how such Best Management Practices avoid, mitigate, or offset adverse impacts to soil resources;

4. Description of the impacts to soil from other past, present, and Reasonably Foreseeable Future Development within the Area of Evaluation.

bb.Vegetation and Habitat.

1. Evaluation of any barrens habitats and habitats identified as SWAP Habitats in Colorado Parks and Wildlife State Wildlife Action Plan (2015), Ch. 3, Table 4, as incorporated in Rule 314.e.(10).E.v, within the Area of Evaluation;

2. Quantification of short-term and long-term vegetation disturbance resulting from the Oil and Gas Location and associated access roads and flowlines;

3. Qualitative description of relevant Best Management Practices and an evaluation of how such Best Management Practices avoid, mitigate, or offset adverse impacts to vegetation resources, including impacts to any barrens habitats and habitats identified as SWAP Habitats in Colorado Parks and Wildlife State Wildlife Action Plan (2015), Ch. 3, Table 4, as incorporated in Rule 314.e.(10).E.v. Such Best Management Practices will include the Operator's plans for interim reclamation and weed control;

4. Description of impacts to vegetation from other past, present, and Reasonably Foreseeable Future Development within the Area of Evaluation.

F.Evaluation of Cumulative Impacts - Transportation Corridors. The Operator will provide the following information regarding its evaluation of impacts on transportation corridors in the Area of Evaluation:

i. Description of the transportation routes planned for the Oil and Gas Operations, including the type, size, and volume of the intended roadways to be used;

ii. Description of the current traffic volumes and patterns on the affected roadways and impacts projected from Reasonably Foreseeable Future Development; and

iii. Description of Best Management Practices to avoid, minimize, or mitigate impacts to transportation corridors.

G. 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.

(3)Analysis of Evaluations and Information. The Operator will submit a brief narrative analysis of the combined impacts contained in the evaluations and information required pursuant to Rules 315.b.(2).E-G that will not be avoided, minimized, or mitigated.

(4)Plain Language Summary. The Operator will submit a plain language summary, in easily understandable terms, of the Cumulative Impacts analysis prepared pursuant to this Rule 315.b, explaining how the incremental impacts associated with the Oil and Gas Operations proposed at the Oil and Gas Location will contribute to the potential Cumulative Impacts of the proposed Oil and Gas Development Plan.

(5)Review of Cumulative Impacts Analysis.

A. If a Cumulative Impacts analysis is submitted pursuant to Rules 315.b.(1).B-D, the Director will review an Operator's Cumulative Impacts analysis and determine whether the analysis adequately evaluates and addresses the Cumulative Impacts of the proposed Oil and Gas Operations.

B. If a Cumulative Impacts analysis is submitted pursuant to Rule 315.b.(1).A, the Commission will review an Operator's Cumulative Impacts analysis and determine whether the analysis adequately evaluates and addresses the Cumulative Impacts of the proposed Oil and Gas Operations.

C. The review of an Operator's Cumulative Impacts analysis pursuant to this Rule 315.a.(4) will consider factors including:

i. Any efforts taken by the Operator to first avoid adverse Cumulative Impacts;

ii. Any actions taken by the Operator to minimize adverse Cumulative Impacts that could not be avoided;

iii. Any actions taken by the Operator to mitigate adverse Cumulative Impacts that could not be avoided or minimized;

iv. Any adverse Cumulative Impacts that would result from approval of the Oil and Gas Development Plan, Form 2A, or Form 2, as applicable;

v. Any beneficial Cumulative Impacts that would result from approval of the Oil and Gas Development Plan, Form 2A, or Form 2, as applicable;

vi. The Operator's engagement with nearby residents regarding the Oil and Gas Development Plan, Form 2A, or Form 2, as applicable;

vii. Any public comments or other input provided by members of the public and the Operator's response to such comments;

viii. A narrative explanation as to how no alternative location is available that would better avoid or minimize adverse Cumulative Impacts, where applicable;

ix. The Relevant Local Government's consideration or disposition of a land use permit for the Location;

x. Results of all meetings and consultations conducted pursuant to Rules 301.g and 309; and

xi. The Operator's record of compliance with the Act and Commission Rules.

D. If the Director or Commission, where applicable, determines the Cumulative Impacts analysis does not adequately evaluate or address Cumulative Impacts, necessary and reasonable conditions of approval may be added to the relevant application or form, or the relevant application or form may be denied.

2 CCR 404-1-315

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