BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF ALLEGED VIOLATIONS OF THE ) CAUSE NO. 1V
RULES AND REGULATIONS OF THE COLORADO OIL )
AND GAS CONSERVATION COMMISSION BY ) ORDER NO. IV-260
PETROLEUM DEVELOPMENT CORPORATION, )
WELD COUNTY, COLORADO )
ADMINISTRATIVE ORDER BY CONSENT
2. The APD for the Jeffers #41-35 Well specified the objective formation as the “J” Sand. The APD was approved by the COGCC Director only for this formation.
5. For the unauthorized completion of the Codell Formation in the Jeffers #41-35 Well, PDC should be found in violation of Rule 303.b., failure to have an approved Application for Permit-to-Drill or Application for Permit to Recomplete to the Codell Formation, Rule 301., not providing written notice of intention to do work, and Section 34-60-117.(1) of the Oil and Gas Conservation Act, failure to protect correlative rights of all owners in every field or pool.
6. Rule 523. specifies a base fine of One Thousand dollars ($1,000) per day for each violation of Rules 301. and 303., and a base fine for violations of the Oil and Gas Conservation Act shall be determined by the Commission at its discretion.
7. A monetary penalty of Five Thousand dollars ($5,000.00) should be assessed against PDC, in accordance with Rule 523.a. and Rule 523.d., for violation of Rules 303.b., 301., and Section 34-60-117.(1) of the Oil and Gas Conservation Act. An aggravating factor in determining the fine recommendation is that under Rule 523.d.(4) the violation had the potential to have a significant negative impact on correlative rights of other parties. A mitigating factor in determining the fine recommendation is that under Rule 523.d.(1) the violator self-reported the violation.
ORDER
NOW, THEREFORE, IT IS ORDERED, that Petroleum Development Corporation shall be found in violation of Rule 303.b., failure to have an approved Application for Permit-to-Drill or Application for Permit to Recomplete to the Codell Formation, Rule 301., not providing written notice of intention to do work, and Section 34-60-117.(1) of the Oil and Gas Conservation Act, failure to protect correlative rights of all owners in every field or pool for the Jeffers #41-35 Well located in the NE¼ NE¼ of Section 35, Township 4 North, Range 68 West, 6th P.M.
IT IS FURTHER ORDERED, that Petroleum Development Corporation shall be assessed a fine of Five Thousand dollars ($5,000.00) payable within thirty (30) days of the date the order is approved by the Commission for violations occurring on the Jeffers #41-35 Well.
IT IS FURTHER ORDERED, that the provisions contained in the above order shall become effective forthwith.
IT IS FURTHER ORDERED, that the Commission expressly reserves its right after notice and hearing, to alter, amend, or repeal any and/or all of the above orders.
IT IS FURTHER ORDERED, that under the State Administrative Procedure Act the Commission considers this order to be final agency action for purposes of judicial review within thirty (30) days after the date this order is mailed by the Commission.
IT IS FURTHER ORDERED, that an application for reconsideration by the Commission of this order is not required prior to the filing for judicial review.
Recommended this day of January, 2004.
OIL AND GAS CONSERVATION COMMISSION
By
Morris J. Bell, Hearing Officer
Dated at Suite 801
1120 Lincoln Street
Denver, Colorado 80203
January 2, 2004
AGREED TO AND ACCEPTED THIS _________DAY OF January, 2004.
PETROLEUM DEVELOPMENT CORPORATION
By ____________________________________________
Title
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