BEFORE THE OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

 

IN THE MATTER OF THE PROMULGATION AND                         )

ESTABLISHMENT OF FIELD RULES TO GOVERN                      )                       CAUSE NO. 517

OPERATIONS IN THE FIELD,                                                     )

LAS ANIMAS COUNTY, COLORADO                                          )                       DOCKET NO. 0302-GA-01

 

NOTICE OF HEARING

 

TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN:

 

Rule 603.a.(2) of the Rules and Regulations of the Colorado Oil and Gas Conservation Commission states: “A well shall be a minimum distance of one hundred fifty (150) feet from a surface property line.  An exception may be granted by the Director if it is not feasible for the operator to meet this minimum distance requirement and a waiver is obtained from the offset surface owner(s).  An exception request letter stating the reasons for the exception shall be submitted to the Director and accompanied by a signed waiver(s) from the offset surface owner(s).  Such waiver shall be written and filed in the county clerk and recorder's office and with the Director.”

 

            On January 6, 2003, the Commission issued Order No. 1V-242 which found Evergreen Operating Corporation (“Evergreen”) in violation of Rule 603.a.(2) and ordered Evergreen to pay a $3,000 fine, remove the abandoned Kildare 42-20 flowline, reclaim the abandoned access road and portion of the wellpad on Mr. Silverman’s property and either: (1) obtain a waiver from Mr. William Silverman to allow the Kildare 42-20 Well to be located closer than 150 feet from his property, (2) schedule a hearing before the Colorado Oil and Gas Conservation Commission to request a variance to allow the Kildare 42-20 Well to be located closer than 150 feet to Mr. Silverman’s property, or (3) plug, abandon and reclaim the Kildare 42-20 Well by December 31, 2002.

 

            On December 26, 2002, Evergreen filed an application with the Commission in accordance with Order No. 1V-242 requesting a variance from Rule 603.a.(2) to allow the continued operation of the Kildare 42-20 Well at its present location.

 

            NOTICE IS HEREBY GIVEN, that the Oil and Gas Conservation Commission of the State of Colorado, pursuant to the above, has scheduled the above‑entitled matter for hearing on:

 

                        Date:                                        Monday, February 10, 2003

                        Time:                                        10:00 a.m.

 

                        Place:                                       Suite 801, The Chancery Building

                                                                        1120 Lincoln Street

                                                                        Denver, CO 80203

 

            In accordance with the Americans with Disabilities Act, if any party requires special accommodations as a result of a disability for this hearing, please contact Audra Serlet at (303) 894-2100 ext. 114, prior to the hearing and arrangements will be made.

 

            Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to protect the health, safety and welfare of the public and to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute.

 

            In accordance with Rule 509., any interested party desiring to protest the granting of the application or to intervene on the application should file with the Commission a written protest or intervention no later than January 27, 2003, briefly stating the basis of the protest or intervention.  Such interested party shall, at the same time, serve a copy of the protest or intervention to the person filing the application.  An original and nine (9) copies shall be filed with the Commission (Rule 503.f.).  Pursuant to Rule 503.e., if a party who has received notice under Rule 503.b. wishes to receive further pleadings in the above-referenced matter, that party must file a protest or intervention in accordance with these rules.  In accordance with the practices of the Commission, should no protests or interventions be filed in this matter by January 27, 2003, the Applicant may request that an administrative hearing be scheduled for the week of January 27, 2003.

 

                        IN THE NAME OF THE STATE OF COLORADO

 

                                                                        OIL AND GAS CONSERVATION COMMISSION

                                                                             OF THE STATE OF COLORADO

 

 

                                                                        By                                                                        

                                                                                 Patricia C. Beaver, Secretary

 

Dated at Suite 801                                             Representative for Applicant:                  

1120 Lincoln Street                                            Dennis Carlton                                      

Denver, Colorado 80203                                      P.O. Box 660

January 10, 2003                                               Denver, CO  80201

                                    (303)298-8100