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HomeMy WebLinkAbout1.02 Supplemental Application Materials1 QB Energy Operating, LLC Wildlife Mitigation Plan August 2024 Prepared by: QB Energy Operating, LLC & C-K Associates, LLC In Cooperation with Colorado Parks and Wildlife Contributors Lindsey Rider – QB Energy Operating, LLC John Andrews - QB Energy Operating, LLC Keith Nichols - CK Associates, LLC Brian Reilly - CK Associates, LLC Taylor Elm – Colorado Parks and Wildlife Danielle Neumann – Colorado Parks and Wildlife 2 Table of Contents Introduction and Signatory Page .................................................................................................................. 3 Wildlife Mitigation Plan Following the New January 15, 2021 Protection of Wildlife Resources 1200 Series ............................................................................................................................................................. 5 1201.b.(1)-(4) Wildlife Mitigation Plan ......................................................................................................... 5 (1) Pre-Application Consultation and Alternative Location Analysis ................................................. 5 (2) Description of Best Management Practices .................................................................................. 5 (3) Description of 1202.b Operating Requirements ......................................................................... 10 (4) Description of 1203 Mitigation Commitments to Offset Unavoidable Adverse Impacts to Wildlife Resources ...................................................................................................................... 12 1203. Compensatory Mitigation for Wildlife Resources ............................................................ 12 Direct Impacts .................................................................................................................... 12 Indirect Impacts .................................................................................................................. 12 QB Energy Mitigation Projects ........................................................................................... 13 List of Attachments A. Record of Modification List of Figures A. Figure 1 Overall Management B. Figure 2 Five Primary Migratory Corridors List of Appendices A. Caerus Piceance, LLC Development 1 – Compensatory Mitigation Plan Expanded Liberty Unit (ELU) Development Plan B. ELU A18 495 -Supplemental Site- Specific Information to the Wildlife Mitigation Plan - 2022 C. ELU M12 496 -Supplemental Site- Specific Information to the Wildlife Mitigation Plan - 2024 3 QB Energy Operating, LLC Wildlife Mitigation Plan Introduction and Signatory Page To meet the requirements of the new Energy and Carbon Management (ECMC) 1200 Series Rules (effective January 15, 2021), QB Energy Operating, LLC (QB Energy), has developed a revised North Piceance Wildlife Mitigation Plan (WMP) that will cover operations by QB Energy on QB Energy’s North Parachute Ranch property (NPR) and the North Piceance properties owned by QB Energy (previously owned by XTO), and any additional asset(s) acquired in the future operated by QB Energy. This WMP will address each of the required elements listed within the ECMC 1200 Series Rules. This WMP will detail the methodology behind the percent reduction to Indirect Impacts, for the implementation of Best Management Practices (BMPs). This WMP will also detail the established credit value for mitigation projects to offset Direct and Indirect Impacts. QB Energy and Colorado Parks and Wildlife (CPW) have cooperatively developed BMPs, mitigation projects and an overall process to value projects. This WMP has a 3-year life span that can be re-established at the end of term. The WMP may be modified with agreement from both CPW and QB Energy. Any such modification to the WMP shall not be effective unless agreed to in writing by both parties in an approved Record of Modification (Attachment A). This WMP is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this WMP on the effective date of such change as if fully set forth herein and the parties agree to take all actions necessary to comply with the changes to Federal or State law, or their implementing regulations. The term of this WMP expires on the date indicated below. Either party may terminate its agreement to this WMP upon 30 days written notice to the other party. Upon expiration of the 30 days, all future obligations of the parties under this WMP are terminated. However, and notwithstanding such termination, the parties remain obligated and are required to continue to comply with the terms and conditions of this WMP for operations conducted pursuant to an approved Form 2A or associated permit that was approved during the effective period of this WMP. It is expressly understood and agreed by the parties that, except for rights of enforcement by the ECMC set forth above, nothing in this WMP shall give or allow any claim or right of action by any other third party. The waiver of any breach of a term or condition of this WMP by a party shall not be construed or deemed a waiver of any subsequent breach of a term or condition, nor shall it impact in any way the rights of enforcement by the ECMC. This WMP is intended to be an overarching document that will encompass future QB Energy development projects. Site specific mitigation requirements will be addressed for each project and added as an appendix to the WMP. This WMP is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or any other amendment thereto shall have any force or effect unless embodied herein in writing. 4 The signatories hereto warrant that they possess the legal authority to enter into this WMP and that they have taken all actions required by the respective parties’ procedures, by-laws or applicable law to exercise that authority, and to lawfully authorize the undersigned signatory to execute this WMP and bind the party to its terms and conditions. The persons executing this WMP on behalf of the parties warrant that such persons have full authorization to execute this WMP. Signatures: QB Energy Operating, LLC __________________________ Lindsey Rider Date Director of EHS Colorado Parks and Wildlife __________________________ Travis Black Date Northwest Region Manager Effective Date: 8/29/2024 Expiration Date: 8/29/2027 8/29/2024 8/30/24 5 Wildlife Mitigation Plan Following the New January 15, 2021 Protection of Wildlife Resources 1200 Series The purposes of this WMP are to state that QB Energy will adhere to Rule requirements under 1201.b.(1)- (4), 1202 and 1203. CPW will consult with QB Energy regarding proposed oil and gas operations in areas of High Priority Habitats (HPH) associated with this WMP. Site specific consultation will be covered in the specific project mitigation plans, found within the Appendices. 1201.b.(1)-(4) Wildlife Mitigation Plan (1) Pre-Application Consultation and Alternative Location Analysis QB Energy has maintained a long-standing working relationship with CPW and appreciates the objectives set by CPW for protecting wildlife resources. This WMP and supplemental Compensatory Mitigation Plans (CMP), represents that working relationship. QB Energy will continue to engage CPW in pre-application consultation and alternative location analysis. As a proactive step, QB Energy consults with CPW on every development project regardless of the requirement set by regulatory thresholds. QB Energy will start with a desktop assessment using current CPW HPH mapping and any other data available, to select an initial location. A team of experts will ground truth the location to ensure that it is viable for multiple stakeholders. Natural Resource Surveys are initiated to collect additional site-specific data that is used in the CPW consultation. Alternative locations are considered at this phase and additional on-sites are scheduled with the landowner and applicable regulatory agencies to further evaluate the location prior to a formal commitment to the location and steps toward permitting. (2) Description of Best Management Practices The BMPs implemented by QB Energy represent a commitment to the ecological environment through responsible energy development and management. BMPs provide minimization measures to reduce Direct and Indirect adverse impacts. In consultation with CPW, several BMPs have been recognized as benefits to the ecological landscape. These BMPs have been assigned a percent reduction to be applied to indirect adverse impact acres (as calculated on page 13). The following BMPs and percent reductions were developed jointly with CPW. Best Management Practice Categories Percent Reduction For Indirect Impacts BMP Category Abbreviation For Tracking Traffic Management (SCADA, Liquids Distribution, & Traffic Timing) 20% T Drilling Technologies (high efficiency rigs, closed loop drilling & other) 5% DT Greenhouse Gas/Emissions Management 5% GH Water Quality Management 10% WQ Habitat & Wildlife Management Practices 20% HW Voluntary Measures for Additional Reduction: Timing & Siting Considerations (e.g. seasonal & daily timing limits) 25% VTS Total Percent Reduction Range: 60% - 85% The following is a list of all BMPs, and other steps taken by QB Energy to reduce disturbance. These BMPs provide multiple natural resource benefits and promote adaptive management of the landscape (QB 6 Energy Overall Management Figure 1). The majority, if not all BMPs listed are voluntary and are outside of the regulations that currently apply to Oil and Gas development. The parenthesized and bolded abbreviations at the end of each BMP provides a correlation to the BMP categories agreed upon by CPW. 1) Operational BMPs a) Three-phase gathering systems, where economically and technically feasible, to reduce footprint remaining during production phase, eliminate traffic, and reduce venting and potential spills. (WQ, T, GH, HW) b) Remote well control and monitoring to reduce traffic through work/project prioritization and increase emergency response efficiency. (WQ, T, GH, HW) c) Solar panels as an alternate energy source for on-location production equipment. (T, GH) d) Temporary surface water delivery lines to reduce truck traffic. (T, HW, WQ, GH) e) Remote completions to reduce the size of pad needed for simultaneous operations. (T, HW) f) Average well pad surface disturbance of 0.5 acres or fewer per well (well pad disturbance does not include associated pipelines, access roads, or facilities) wherever possible. (HW) g) Where feasible, electric power will be used at existing and future compressor stations to reduce on-site emissions. (GH) h) Use of gas lift to automate some production activities, reduces traffic to the well-site and reduces gas vented to the atmosphere by reducing the frequency of the “blow down / unloading” of a well. (T, GH) i) Prohibit employees and contractors from carrying projectile weapons (including bows) on QB Energy property, except during company-organized events. (HW) j) Prohibit pets on QB Energy property. (WQ, HW) k) Reduce traffic impacts by carpooling personnel to project locations, when appropriate and feasible. (T) l) When feasible, reduce additional surface disturbance by utilization of existing staging/storage yards and gravel pit. (HW) m) Strategically apply fugitive dust control measures on the NPR to reduce coating of vegetation and deposition in water sources, including enforcing established speed limits on private QB Energy roads. (WQ, HW) n) QB Energy has volunteered to be a member of OGMP 2.0 and The Environmental Partnership. These voluntary programs require a commitment to reduce methane emissions. QB Energy will report reduction targets and annual metrics through Corporate Sustainability Reporting. (GH) 2) Pad Development a) New directional drilling technology, such as longer reaches, shorter total depth times, and natural gas-powered rigs, when possible. (WQ, T, GH, HW, DT) b) Reoccupy existing pads if/when possible. (HW) c) Simultaneous drilling and completions activities may be employed to shorten the disturbance time necessary to drill, complete, and bring the pad to production. (T, HW, DT) d) Green completions to reduce venting of natural gas to atmosphere during completions. (GH) e) Continuous Monitoring Technologies will be used for fence line air monitoring during pre- production operations on all new locations. (GH) f) Toe berms of adequate size on all fill slopes facing and or adjacent to potential water to contain any erosion from the fill slope. (WQ, HW) g) Topsoil windrows on all new facility construction for perimeter control to divert to terminal discharge points. (WQ, HW) h) Hydraulic mulch or armoring on all exterior slopes adjacent to waterways. (WQ, HW) 7 i) Follow the North Parachute Ranch Integrated Vegetation Management Guidance Document for interim and final reclamation practices, including identifying appropriate seed mixes and invasive weed control measures. Selection of seed mixes will be based upon the type of ecosystem affected. (HW) 3) Pipeline Construction a) Gathering line placement adjacent to roads wherever possible unless the existing road is adjacent to waterways. (WQ, HW) b) Multiple gathering lines placed in a single trench to minimize disturbance and construction times for multiple lines. (T, HW, WQ) c) Trench plugs (sloped to allow wildlife or livestock to exit the trench should they enter) at known wildlife or livestock trails to allow safe crossing on long spans of open trench. (HW) d) Pipelines installed at right angles to the drainages, wetlands, and perennial water bodies. (WQ, HW) e) Equipment bridges for pipeline construction made from either clean rock and flume pipes or timber equipment mats with flume pipes. (WQ) f) Horizontal directional drill techniques at perennial water bodies and wetland complexes. (WQ, DT) g) In-stream construction activity limited to 24 hours for waterbodies less than ten feet wide and to 48 hours for waterbodies greater than ten feet wide at locations where horizontal boring is not feasible. (WQ, HW, VTS) h) A minimum of five feet of soil cover maintained between the pipeline and the lowest point of the drainage or water body channel. (WQ) 4) Road and Pad Construction a) Existing roads used in lieu of new construction wherever feasible. (HW, WQ) b) All access roads and facilities other than well pads seeded in a timely manner after construction has been completed and seeding of all topsoil on pad construction. (WQ, HW) 5) Aquatic Resources a) Water sampling to monitor for changes in water quality. Sampling will occur at a minimum annually within areas of development activity. Existing and new water sampling data will be maintained by QB Energy. (WQ) b) Use two or more stormwater best management practices on new disturbance to control sediment runoff and control or contain any potential spills, wherever surface disturbance must occur within a riparian habitat, as defined by the presence of riparian associated vegetation. (WQ, HW) c) Relocate temporary travel routes necessary for development (such as secondary access routes) and long-term travel routes, wherever feasible, away from riparian habitat (as defined by vegetation) at the time of interim reclamation. (WQ, HW, T) d) Maintain spill response kits at strategic locations adjacent to riparian areas or other centralized locations. (WQ, HW) e) Install engineering controls (one-way valves, installed draw hoses with screened intakes, overhead loading, and loading from tanks) on all water points from Parachute Creek to prevent contamination. (WQ, HW) f) Use voluntary timing limitations for cutthroat trout. (HW, WQ, VTS) g) Block low water crossing at Light Gulch to eliminate unnecessary traffic through Parachute Creek. (Completed 2010). (WQ, T, HW) 8 h) Use existing head gates and analyze the strategic use of additional head gates on road culverts as a tertiary containment (these are not the culverts in the waterway but draining to the waterway during storm events). (WQ, HW) 6) Wildlife Resources a) Perform biological site surveys (on-site) for each new development, using the most recent data sets for wildlife and aquatic resources (the report format is based upon Federal on-site surveys). (WQ, HW) b) Perform pre-disturbance surveys when the on-site inspection and commencement of disturbance occur in different field seasons (e.g., new raptor nests), using the most recent data sets for wildlife and aquatic resources. (WQ, HW, VTS) c) As a proactive step, QB Energy will consult with CPW on every development project regardless of the requirement set by regulatory thresholds. CPW and ECMC HPH mapping data, QB Energy’s wildlife resources database, and maps will be used to identify and document (where appropriate) potential impacts or concerns during the project planning phase for proposed drilling operations, new or existing locations to be used for siting completions operations, and construction of roads, pads, and pipelines. (WQ, HW, VTS) 7) Black Bear a) Conduct regular contractor and employee training with respect to wildlife awareness. (HW) b) Reinforce training at worksite tailgate meetings, monthly safety meetings, and the Environmental Health and Safety (EHS) hazard identification program, and through the use of signs. (HW) 8) Mule Deer and Elk a) Avoid disturbance of big game production areas and winter range wherever possible, but this will be a secondary consideration to preserving sage-grouse habitat. (HW, VTS) b) Prior to construction of new surface structures within five primary migratory corridors (Figure 2) QB Energy will consult with CPW. (HW, VTS) c) Only essential traffic will be permitted to access sites throughout the NPR where no active operations are occurring. (HW, T) 9) Raptors a) New development will require raptor surveys if appropriate habitat exists per QB Energy’s Initial Baseline Assessment (ISA) process. (HW) b) Perform pre-disturbance raptor surveys prior to interim and final reclamation. (HW, VTS) c) When feasible and appropriate, single pass presence/absence surveys may be conducted for high priority species; this snapshot may not meet the standards of the nest occupancy survey. (HW, VTS) d) Schedule the commencement of development activity for the time of year outside of average breeding seasons for the species of concern, if the duration of operations on a location prevents seasonal avoidance (e.g., during drilling and completion operations that exceed 12 months per location). (HW, VTS) 10) Greater Sage-Grouse: QB Energy will adhere to the following best practices for GrSG mitigation and monitoring for QB Energy operations. a) Where feasible, raptor perch deterrents will be installed on cross arms of power poles and other documented raptor perches, such as radio towers, where birds are noted perching. Monitor all structures exceeding six feet in height within occupied GrSG habitat for the presence of perching 9 raptors or ravens. Perch deterrents need not be installed if they pose a safety issue (e.g., on the handrails of a tank battery). (HW) b) Locate new pads outside occupied GrSG habitat wherever possible or in habitat that is already disturbed. (HW, VTS) c) Implement three-phase-gathering on existing locations, where economically and technically feasible, to reduce onsite facilities and increase the acreage put into interim reclamation. (T, HW, DT) d) Apply a 1-mile radius No-Disturbance buffer around active lek sites (documented activity by CPW in the last five years) from 5:00 AM to 9:00 AM, March 15 through May 15. Where practicable, traffic and other disturbances will be restricted during this date range after sunset when GrSG are congregating around the lek until 9:00 AM the following morning when birds depart the lek. (HW, T, VTS) e) Restrict New Disturbance within nesting and brood-rearing habitat as much as possible from April 15 to July 1. (HW, VTS) f) Site New Disturbance using topographic features to shield leks from new disturbance whenever feasible. (HW) g) Schedule cross-country pipeline construction and installation (not including lines along roads) outside of the Critical Habitat Season. (HW, VTS) h) Use interim reclamation to redevelop, as quickly as possible, ground cover that provides for secure ground movements of GrSG and is an effective precursor to the reestablishment of appropriate sagebrush cover. Detailed guidelines and practices for interim and final reclamation are outlined in QB Energy’s North Parachute Ranch Integrated Vegetation Management Guidance. (HW) i) Reseed disturbances exceeding 15 feet in width in mapped occupied GrSG grouse habitat with local sagebrush seed, where topography and weather conditions allow safe access to do so. (HW) j) The following are approved exceptions to the above-described schedules and practices: a. Well maintenance south of the Upper West Fork will not be considered New Disturbance but will be minimized to the extent practicable during the Critical Habitat Season. (HW, VTS) b. Response to emergencies (an immediate threat to life, property, or the environment) will not be considered New Disturbance and will be permitted without timing limitations. (WQ, HW) k) Definitions of Terms a. “Critical Habitat Season” means the time period from March 15 to July 1 each year. b. “New Disturbance” means any new activity that will cause or leave a long-term and noticeable change to the landscape, including construction of access roads, gathering facilities and pipelines, and any drilling or completion activities. c. “Disturbance” includes, but is not limited to, noise, lights, vehicle traffic and New Disturbance, as defined above. Best Management Practices Reference Summary T = Traffic Management = 15 references as BMP DT = Drilling Technologies = 4 references as BMPs GH = Greenhouse Gas/Emissions Management = 9 references as BMPs WQ = Water Quality Management = 30 references as BMPs HW = Habitat & Wildlife Management Practices = 53 references as BMPs VTS = Voluntary Timing & Siting Considerations = 14 references as BMPs 10 (3) Description of 1202.b Operating Requirements QB Energy agrees to bore, rather than trench, any flowline and utility crossings of perennial streams identified as aquatic High Priority Habitat unless the Operator obtains a signed waiver from CPW and the Director or Commission approves a Form 4 or Form 2A documenting the relief. When installing culverts or bridges, such structures will not impact or prevent the passage of fish unless otherwise directed by CPW. 1202.a. Operating Requirements. QB Energy acknowledges that all operating requirements that apply to the developments; wildlife, habitat and geographical locations will be followed as described by the Rule, as follows. (1) In black bear habitat, Operators will install and use bear-proof dumpsters and trash receptacles for food-related trash at all facilities that generate trash. (2) Operators will disinfect water suction hoses and water transportation Tanks withdrawing from or discharging into surface waters (other than contained Pits) used previously in another river, intermittent or perennial stream, lake, pond, or wetland and discard rinse water in an approved disposal facility. Disinfection practices will be repeated prior to completing work and before moving to the next water body. Disinfection will be performed by scrubbing and pre-rinsing equipment away from water bodies to remove all mud, plants, and organic materials and then by implementing one of the following practices: A. Spray/soak equipment with a CPW-approved disinfectant solution capable of killing whirling disease spores and other aquatic nuisance species defined by CPW; or B. Spray/soak equipment with water greater than 140° Fahrenheit for at least 10 minutes. All equipment and any compartments they contain will be completely drained and dried between each use. (3) At new and existing Oil and Gas Locations, Operators will not situate new staging, refueling, or Chemical storage areas within 500 feet of the Ordinary High-Water Mark (“OHWM”) of any river, perennial or intermittent stream, lake, pond, or wetland. (4) To prevent access by wildlife, including birds and bats, Operators will fence and net or install other CPW-approved exclusion devices on new Drilling Pits, Production Pits, and other Pits associated with Oil and Gas Operations that are intended to contain Fluids. A. Such fencing and netting or other CPW-approved exclusion device will be installed within 5 days after the cessation of active drilling and completion activities and maintained until the Pit is removed from service and dried or closed pursuant to the Commission’s 900 Series Rules. B. The Director may require an operator to fence and net or install other CPW-approved exclusion devices on an existing Pit if the Director determines that the installation is necessary and reasonable to protect Wildlife Resources based on the analysis required by Rule 909.j, or other information that demonstrates additional protections for Wildlife Resources are appropriate. 11 C. Operators will properly maintain and repair all fences, nets, and CPW-approved exclusion devices required by this Rule 1202.a.(4). (5) For trenches that are left open for more than 5 consecutive days during construction of Pipelines regulated pursuant to the Commission’s 1100 Series Rules, Operators will install wildlife escape ramps at a minimum of one ramp per 1/4 mile of trench. (6) When conducting interim and final Reclamation pursuant to Rules 1003 and 1004, Operators will use CPW-recommended seed mixes for Reclamation when consistent with the Surface Owner’s approval and any local soil conservation district requirements. (7) Operators will use CPW-recommended fence designs when consistent with the Surface Owner’s approval and any Relevant Local Government requirements. (8) Operators will conduct all vegetation removal necessary for Oil and Gas Operations outside of the nesting season for migratory birds (April 1 to August 31). For any vegetation removal that must be scheduled between April 1 to August 31, Operators may implement appropriate hazing or other exclusion measures prior to April 1 to avoid take of migratory birds. If hazing or other exclusion measures are not implemented, Operators will conduct pre-construction nesting migratory bird surveys within the approved disturbance area prior to any vegetation removal during the nesting season. If active nests are located, Operators will provide work zone buffers around active nests. (9) Operators will treat Drilling Pits, Production Pits, and any other Pit associated with Oil and Gas Operations containing water that provides a medium for breeding mosquitoes with Bti (Bacillus thuringiensis v. israelensis) or take other effective action to control mosquito larvae that may spread West Nile virus to Wildlife Resources. Such treatment will be conducted in a manner which will not adversely affect aquatic Wildlife Resources. (10) Operators will employ the following minimum Best Management Practices on new Oil and Gas Locations with a Working Pad Surface located between 500 feet and 1000 feet hydraulically upgradient from a High Priority Habitat identified in Rule 1202.c.(1). Q–S: A. Contain Flowback and Stimulation Fluids in Tanks that are placed on a Working Pad Surface in an area with downgradient perimeter berming; B. Construct lined berms or other lined containment devices pursuant to Rule 603.o around any new crude oil, condensate, and produced water storage Tanks that are installed after January 15, 2021; C. Inspect the Oil and Location on a daily basis, unless the approved Form 2A provides for different inspection frequency or alternative method of compliance; D. Maintain adequate Spill response equipment at the Oil and Gas Location during drilling and completion operations; and E. Not construct or use any Pits, except that Operators may continue to use existing Pits that were properly permitted, constructed, operated, and maintained in compliance prior to January 15, 2021. 12 (4) Description of 1203 Mitigation Commitments to Offset Unavoidable Adverse Impacts to Wildlife Resources 1203. Compensatory Mitigation for Wildlife Resources Direct Impacts Direct Impacts will be calculated using the Direct Long-Term Disturbance acres (e.g., access route, working pad surface) and the Direct Interim Reclamation Disturbance acres (e.g., pipelines, interim reclaim area of pad). A credit ratio is established between the projects towards the Direct Long-Term Impacts, Direct Interim Impacts, and Indirect Impacts. Each credit is assumed to be an acre credit unless a different metric is defined by the project. Ratios for Direct and Indirect Impacts have been established jointly with CPW. • 4:1 credit ratio is established for Direct Long-Term Impacts (4 project credits for 1 acre of Direct Impact) • 1:1 credit ratio is established for Direct Interim Impacts • 1:1 credit ratio is established for Indirect Impacts Indirect Impacts QB Energy is using a Proximity Analysis Methodology (PAM) to determine indirect impact acres for future pad development. This methodology was developed by CK Associates, LLC (CK) and implemented in early compensatory mitigation agreements with CPW. QB Energy in consultation with CPW has established the following methodology for this WMP. All Indirect Impact acres are calculated jointly with CPW consultation. Proximity Analysis Methodology: • A 0.425-mile buffer (approximately 680 meters) is applied from the edge of the proposed pad disturbance boundary (edge of direct impact). The buffer is segmented into 10 equal distance rings, with the first ring measuring at 0.043 miles out to the tenth ring of 0.425 miles. The 0.425-mile buffer distance was selected based on avoidance distances for greater sage-grouse and is also representative of the avoidance or “reduced use” distances applied by CPW for calculating indirect impacts to big game species. • Each ring has a percent acre total, the first ring measuring at 0.043 miles has a 100%- acre count with the second ring at 0.085 miles having a 90%-acre count and sequentially at the outer buffer distance of 0.425 miles the percent acre count is 10%. The reasoning for the 100% to 10% reduction of acres going out from the pad edge of disturbance is to recognize disturbance to wildlife is higher in the near field and diminishes in the far field. The process also considers the probability of wildlife presence. This step provides the Indirect Impact acre baseline for each pad. • Overlap of buffer area is eliminated from existing and/or proposed pads or other Direct Impact disturbances, such as roads. This removes double counting of Indirect Impact acres. • An elevation criterion is established within the analysis; (1) if a 100–foot elevation drop occurs from the edge of the disturbance boundary, all acres beyond that point are removed from the indirect acre baseline, (2) if a 10-foot elevation gain is achieved excluding an immediate hill or ridge, all acres beyond that point are removed from the Indirect Impact acre baseline. The 10-foot elevation gain will be applied in concurrence with CPW. 13 • The remaining Indirect Impact acre buffer is reviewed jointly with CPW to apply a final removal of acres based on the probability of adverse disturbance to wildlife. In the far field of the 0.425-mile buffer based on topography and elevation changes, noise and line of sight as a factor for wildlife disturbance is greatly diminished. • The remaining acres become the Indirect Impact acres for compensatory mitigation consideration, absent the application of BMP percent reduction to Indirect Impact acres. Based on an operator’s BMP valuation with CPW (0-85%), the BMP percent reduction is applied to the Indirect Impact acres to calculate the actual Indirect Impact acres for compensatory mitigation. • Project specific Indirect Impact acres will be detailed in the compensatory mitigation plans, found within the Appendices of this WMP. QB Energy Mitigation Projects Direct and Indirect Impacts can be offset by a habitat mitigation fee and/or by implementing a compensatory mitigation project(s). As part of the 3-year WMP, QB Energy in agreement with CPW has identified projects and credit values (see table below) to be used to offset Direct and Indirect Impacts. New mitigation projects can be added to the WMP with agreement from CPW. QB Energy and CPW agreed on the value of project types for wildlife resources on QB Energy's property. Each project was assigned a credit value based on either scale of acres, wildlife use, and/or agreement of value. All projects will have a lifespan criterion assigned depicting one or more of the following credit categories: • 1-time credit with no expiration • 3-year lifespan upon implementation • Annual accumulation for a 3-year running total • Generated annually with no accumulation (i.e. must be used within the same calendar year they are generated) Mitigation Projects Credits No expiration 1-time credits 1 3-year lifespan for annual credits 2 Earn annually 3-year total forecast Brush removal 196 Yes No No 196 Square S allotment 954 Yes No No 954 Middle Fork Meadows 30 No Yes Yes 90 Spring and/or Guzzler 80 Yes No No 80 4 Water Well 160 Yes No No 160 4 Off ROW Weed Management 95 No Yes Yes 285 5 Grazing Monitoring & Ranch Manager 3003 No No Yes 300 1. 1-time credit projects have no expiration date. 2. Annual credit projects have a 3-year lifespan upon implementation. These credits can rollover to next WMP agreement. 3. Designated projects may have annual credit lifespan (12 months). 4. Assumes one project completed in lifespan of WMP. Credits are allocated when project is constructed/implemented. 5. Assumes same number of acres are treated each year. 14 QB Energy and CPW will meet each year to confirm project credits generated and used, in addition to any new projects for consideration and implementation. QB Energy will maintain a working spreadsheet that will track projects, credits, and debits to offset impacts from future development. Project Descriptions Brush Removal – This project is site-specific within Greater Sage-grouse (GrSG), elk, and mule deer habitat. QB Energy (previously Caerus) mechanically treated 196 acres of habitat by removing mature serviceberry/gamble oak stands, while maintaining existing sagebrush vegetation using a hydro-axe and heavy equipment. This was a one-time project receiving 196 no- expiration credits. See Caerus Piceance LLC Development 1 – Compensatory Mitigation Plan for the Expanded Liberty Unit (ELU) Development Plan for details regarding the project. Square S Allotment – CPW and QB Energy (previously Caerus) agreed on a credit exchange for animal unit months (AUMs) within the Square S grazing allotment in the Piceance Basin of Rio Blanco County. CPW believes that full control of grazing rights within the Square S Allotment would provide expanded range management options, reduce user conflicts, and enhance forage and escape cover for wildlife. The acreage consists of approximately 79,630 acres with a total of 3,522 base AUMs. Caerus retained 1,083 AUMs and CPW retained 2,439 AUMs. As of July 8, 2021, Caerus agreed to exchange their 1,083 AUMs for 954 mitigation credits through a letter of intent agreement with CPW. The signing of this WMP document codifies the agreement between CPW and QB Energy (previously Caerus) to exchange the Square S grazing AUMs. Following the finalization of this agreement, Caerus and CPW staff completed the necessary paperwork with the Bureau of Land Management to transfer the base AUMs into CPW’s ownership. This was a one- time project receiving 954 credits with no expiration. Middle Fork Meadows – This is a 30-acre tract located on Parachute Creek. QB Energy maintains this acreage through vegetation maintenance and irrigation providing big game an annual and reliable food source during migration. The area is within several CPW wildlife boundaries for elk and mule deer. This is an annual project that receives 30 credits per year. The credits have a 3- year lifespan that may extend beyond the expiration of the current WMP agreement. Water Management Projects – Water source management is critical for wildlife and vegetation within the QB Energy operational boundary. To maintain wildlife movement and sustainability of vegetation, water source spacing is part of QB Energy’s adaptive management plans. The objective of this project is to establish a water source at locations where water is lacking to maintain animal movement throughout the range. Wildlife movement reduces over grazing and provides seasonal vegetation recovery. It is recognized that mule deer will travel up to one and half miles for water, but elk prefer to stay within a half mile of a water source. A half-mile radius range is equivalent to 320 acres and a one-mile range is equivalent to 640 acre spacing for which big game will travel for water. QB Energy and CPW have agreed to the following water management projects and credits: • Spring and/or Guzzler – QB Energy may improve a natural spring or install a guzzler to improve wildlife habitat where water is needed. QB Energy and CPW agree each spring improvement or guzzler project will generate 80 one-time credits with no expiration. 15 • Water Well – QB Energy may install a water well to improve wildlife habitat where water is needed. Wells can be more reliable than a spring or guzzler but require ongoing maintenance. QB Energy and CPW agree each new well will generate 160 onetime credits with no expiration. Off ROW Weed Management – QB Energy conducts annual weed control treatment in areas not associated with oil and gas operations. A team may traverse 1,000 acres to spray herbicide on weeds to eliminate patches and seed source. The credits for this project are based on area physically sprayed with a 2.5 multiplier to account for the larger area benefiting from weed control. The total area sprayed will change each year based on need. For example, in 2020 QB Energy (previously Caerus) completed weed control on 1,000 acres while spraying a total of 38 acres of weeds. Based on the 2020 data, QB Energy would have earned 95 credits with a 3-year lifespan. Each year QB Energy will present to CPW the acres sprayed for conversion into credits using the 2.5 multiplier. The project generates one-time credits with a 3-year lifespan. Grazing Monitoring and Ranch Manager – The ranch manager is a full-time QB Energy professional who provides oversight and ensures that BMPs are monitored. Under the Ranch Manager’s guidance, QB Energy implements a holistic management approach between operations and wildlife resources. The ranch manager oversees grazing lease agreements within the QB Energy operational boundary to ensure livestock utilization does not impact other wildlife resources. Existing and new lease agreements include provisions to (1) limit AUMs, (2) prevention of overgrazing, (3) manage the use of salt blocks to protect vegetation, (4) identify any weed treatment operations consistent with the North Parachute Ranch Integrated Vegetation Management Guidance Document, and (5) implementation of other habitat management practices. Monitoring includes fence inspections, periodic range checks for trespass livestock or unexpected issues, and grazing utilization baskets to determine when livestock should be removed from a geographical area. Grazing monitoring reports will be provided to CPW to assist in the management of big game. While the Ranch Manager position if filled, QB Energy will annually generate 300 credits with a 12-month lifespan. CPW Access – CPW requests access to QB Energy property for scientific studies and special hunts. QB Energy recognizes the need for CPW access and will determine the credits associated with the access on a case-by-case basis depending on the type of access, location, and duration. Additional mitigation credits from access agreements can be added via amendment at the time of approval. 16 Attachment A - Record of Modification 17 Table 1: Summary of WMP Modifications Section/Page Reference Description Modification Modification Date: 11/21/2023 Colorado Oil and Gas Conservation Commission (COGCC) changed its name to the Energy and Carbon Management Commission (ECMC) in 2023. The name COGCC was replaced with ECMC throughout the document. The plan was updated on 11/21/2023. Modification Date: 08/27/2024 QB Energy Operating, LLC acquired Caerus Piceance, LLC. The company name Caerus, was replaced with QB Energy throughout the document The plan was updated on 08/27/2024 Page 5 - 1201.b.(1)-(4) Wildlife Mitigation Plan and Page 8 – Wildlife Resources BMPs Replacement of Wildlife Consultation Matrix with updated process. As a proactive step, QB Energy consults with CPW on every development project regardless of the requirement set by regulatory thresholds… Figures 456 7 8 9 161718 19 20 21 282930 31 32 33 1234 5 6 7 8 9 10 11 12 131415161718 19 20 21 22 23 24 252627282930 31 32 123456 7 8 9 10 11 12 161718 19 20 21 282930 31 32 33 123456 7 8 9 10 11 12 131415161718 19 20 21 22 23 24 25262728 2930 31 32 33 34 35 36 123 3456 7 8 9 10456 7 8 9 10 11 12 13 1415161718 19 20 21 22 23 24 252627282930 31 32 33 34 35 36 33 34 35 36 123456 7 8 9 10 11 12 13 14 15161718 19 20 21 22 23 24 252627282930 31 32 33 34 35 36 123456 7 8 9 10 11 12 1314151617 18 19 20 21 22 23 24 252627282930 31 32 33 34 35 36 123 456 7 8 9 10 11 12 131415161718 19 20 21 22 23 24 2526 27 282930 31 32 33 34 35 36 123 4 9 10 11 12 13 14 1516 21 22 23 24 25262728 33 34 35 36 123 456 7 8 9 10 11 12 1234 9 10 11 12 4S 94W4S 95W 4S 96W 5S 94W5S 95W 5S 96W 6S 95W 6S 96W 6S 97W 7S 95W7S 96W7S 97W ~7947 ac. ~11452 ac. ~8504 ac. ~14995 ac. ~8968 ac. ~10941 ac. ~2582 ac. N. Parachute WMP WMP Subunits Canyons Colony ELU Development Girls Claim Old Mtn & Long Ridge Northwest NPR Wheeler Parachute . Figure 2. Five Primary Migratory Corridors on the NPR Page 1 of 2 Dedicated to protecting and improving the health and environment of the people of Colorado CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COG500000 DISCHARGES ASSOCIATED WITH SAND & GRAVEL MINING AND PROCESSING (and other Nonmetallic Minerals except fuel) Certification Number: COG502246 This Certification to Discharge specifically authorizes: QB Energy Operating, LLC to discharge from the facility identified as Jackrabbit Gravel Quarry to: Unnamed Tributary of Bear Run Facility Located at: County Road 215, Parachute, Garfield County, CO 81635 Center Point Latitude 39.611066, Longitude -108.183965 Defined Discharge Outfall(s) to Surface Water Outfall(s) Lat, Long Discharge Outfall(s) Description Receiving Stream 001 39.6111414, -108.1855790 Stormwater Runoff from northern sediment trap Unnamed Tributary of Bear Run 002 39.6097434, -108.1841265 Stormwater Runoff from southern sediment trap Unnamed Tributary of Bear Run 003 39.615262, -108.183208 Stormwater Runoff from haul road Unnamed Tributary of Bear Run All discharges must comply with the lawful requirements of federal agencies, municipalities, counties, drainage districts and other local agencies regarding any discharges to storm drain systems, conveyances, or other water courses under their jurisdiction. Stormwater Monitoring Requirements Permit Limitations and/or Monitoring Requirements apply to outfalls 001, 002, and 003 as outlined in the Permit in Part I.C.2 and Parts I.G through I.Q. On the effective date of this certification, the Jackrabbit Gravel Quarry is subject to the monitoring requirements identified below at each discharge point of stormwater from the facility. A. Visual monitoring, Part I.I.1 Per Part I.I.1 of the permit, the permittee must collect a stormwater sample from each outfall (or a substantially identical outfall pursuant to Part I.H.1 of the permit) and conduct a visual assessment of each of these samples once each quarter for the entire permit term. B. WQBEL/Water Quality Standards, Part I.I.3 Discharges authorized under this permit must be controlled as necessary to meet applicable water quality standards. Page 2 of 2 Stormwater Reporting Requirements ICIS Code Description Due date Frequency 00308 The permittee shall submit an annual report to the division for the reporting period January 1 through December 31. February 28 Annual Certification issued: 2025-12-18 Effective: 2025-12-18 Expiration Date: 2021-12-31 The general permit COG500000 expired 12/31/2021 and is administratively continued. This certification is also administratively continued. It will remain in effect until the general permit is renewed or other actions are taken. This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. Approved by Emily Mortazavi Permits Unit 3 Work Group Leader Water Quality Control Division