BEFORE THE OIL AND GAS CONSERVATION COMMISSION

                                                                  OF THE STATE OF COLORADO

 

IN THE MATTER OF ALLEGED VIOLATIONS OF THE RULES                    )                     CAUSE NO. 1V

AND REGULATIONS OF THE COLORADO OIL AND GAS                          )

CONSERVATION COMMISSION BY TOM BROWN, INC.,                          )                     DOCKET NO. 0401-OV-01

MESA COUNTY, COLORADO                                                                  )                    

                                                                                                                                                           

                                                   NOTICE OF ADMINISTRATIVE ORDER BY CONSENT

 

TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN:

 

            On February 21, 2003, Tom Brown, Inc. (“Tom Brown”) plugged and abandoned the Boren #1-7 Well located in the SW¼ NW¼ of Section 7, Township 10 South, Range 95 West, 6^th P.M.  On April 21, 2003, Colorado Oil and Gas Conservation Commission (“COGCC”) staff conducted an onsite inspection of the Boren #1-7 Well.  COGCC staff determined that the well was plugged and abandoned and that reclamation had not taken place. 

 

            On August 20, 2003, COGCC staff received a complaint from the surface owner concerning the lack of reclamation on the Boren #1-7 Well.  On August 22, 2003, COGCC staff conducted an onsite inspection of the Boren #1-7 Well.  COGCC staff determined that well reclamation had not been completed, that fence posts, piping and anchors were left on location, and that the location was covered with gravel and road base, not top soil.  COGCC staff determined that the well was located on crop land.

 

            On August 26, 2003, COGCC staff issued a Notice of Alleged Violation (“NOAV”) for violations of Rule 1004.a., not reclaiming a well site within three (3) months after a well located on crop land has been plugged and abandoned.  The NOAV specified abatement for proper reclamation by October 16, 2003.

 

            On October 16, 2003, the surface owner again contacted the COGCC staff and complained that the required reclamation had not taken place.  COGCC staff contacted Tom Brown and asked about the reclamation on the Boren #1-7 Well.  By letter dated October 16, 2003, Tom Brown explained that they were waiting on the pipeline operator to relieve the pressure on the pipeline system to the Boren #1-7 Well so that Tom Brown could safely abandon the piping system on the well.  Tom Brown indicated that the pipeline company had agreed to relieve the pressure on the pipeline on October 22, 2003.  This was the first communication from Tom Brown to the COGCC staff concerning the NOAV abatement.

 

            On October 24, 2003, COGCC staff issued an Administrative Order by Consent (“AOC”) to Tom Brown, Inc. for the violation of COGCC Rule 1004.a. for not completing reclamation within three (3) days of plugging a well.  On October 30, 2003,Tom Brown, Inc. agreed to and accepted the AOC, including the fine of One Thousand Dollars ($1,000).

 

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, January 5, 2004

                                   

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 for this hearing as a result of a disability, please contact Audra Serlet at (303) 894-2100, extension 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 and necessary to protect public health, safety and welfare and to prevent the waste of oil and gas, either or both, in the operations of said field, and carry out the purposes of the statute.

 

In accordance with Rule 509., any interested party desiring to protest or to intervene should file with the Commission a written protest or a notice to intervene no later than December 22, 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 notice to intervene to the person filing the application.  An original and nine (9) copies shall be filed with the Commission.

 

      IN THE NAME OF THE STATE OF COLORADO

 

                                                                  OIL AND GAS CONSERVATION COMMISSION

                               OF THE STATE OF COLORADO

 

 

 

                        By_________________________________

Dated at Suite 801                                                                Patricia C. Beaver, Secretary

1120 Lincoln Street

Denver, Colorado, 80203

December 5, 2003