BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
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IN THE MATTER OF ALLEGED VIOLATIONS OF THE RULES AND REGULATIONS OF THE COLORADO OIL AND GAS CONSERVATION COMMISSION BY TEKTON WINDSOR LLC, WELD COUNTY, COLORADO |
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CAUSE NO. 1V
ORDER NO. 1V-481 DOCKET NO. 1409-OV-62 |
ADMINISTRATIVE ORDER BY CONSENT
(Pursuant to Rule 522.b.(3) of the Rules and Regulations of the
Colorado Oil and Gas Conservation Commission, 2 CCR 404-1)
FINDINGS
1. Tekton Windsor LLC (“Tekton”) (Operator No. 10392) is the operator of record for the following wells (“Wells”) in Weld County:
Pavistma South #1 Well API# 05-123-37703
Frye Farms #12 Well API# 05-123-38127
2. The
Pavistma South #1 Well is located on the Pavistma South
Pad (Location ID#
433139).
3. The Frye Farms #12 Well is located on the Frye Farms Pad (Location ID# 427354).
4. On August 20, 2013, Tekton spud the Pavistma South #1 Well without collecting a groundwater baseline sample and submitting the analytical results to the COGCC or submitting a Sundry Notice requesting exception to this rule as required by Rule 318Ae(4).
5. On October 17, 2013, Tekton spud the Frye Farms # 12 Well without collecting a groundwater baseline sample and submitting the analytical results to the COGCC or submitting a Sundry Notice requesting exception to this rule as required by Rule 318Ae(4).
6. On June 26, 2014, Commission staff issued Notices of Alleged Violation (“NOAV’s”) to Tekton. The NOAV’s cited violations of the following COGCC Rules of Practice and Procedure, 2 CCR 404-1 (“Rule” or “Rules”)
318Ae(4). (Greater Wattenberg Area Special Well Location, Spacing and Unit Designation Rule - Groundwater Baseline Sampling and Monitoring)
a. Two violations of Rule 318Ae(4) because the Tekton did not submit analytical results of groundwater samples or submit a Sundry Notice requesting an exception to this rule before spudding the first wells on Location ID No. 433139 and Location ID No. 427354.
8. Pursuant to Rule 523 and the Commission’s Enforcement and Penalty Policy, Staff calculated a penalty of $2,000 for these violations. Staff does not recommend adjustments based on aggravating or mitigating factors.
AGREEMENT
NOW, THEREFORE, based on the Findings and pursuant to Rule 522.b.(3) and the Commission’s Enforcement and Penalty Policy, the Director proposes and Tekton agrees to settle the NOAV on the following terms and conditions:
I. Tekton will be assessed a penalty of $2,000.
II. Tekton will pay $2,000, within 35 days after this AOC is mailed by the Commission.
III. Tekton will collect pre-drilling baseline groundwater samples before the next well is spud at both Location ID No. 433139 and Location ID No. 427354.
IV. Tekton will collect post drilling samples at both Location ID No. 433139 and Location ID No. 427354 as required by Rule 318Ae(4), or if samples may not be obtained, submit a Sundry Notice seeking relief from the 318Ae(4) requirements. Any Sundry Notice seeking relief must include details of the operator’s good faith efforts to obtain groundwater samples.
V. Payment of the penalty pursuant to this AOC does not relieve Tekton from its obligations to complete corrective actions set forth in the NOAV, as may be amended or modified by COGCC Staff.
VI. Tekton agrees to the findings of this AOC only for the purpose of expeditiously resolving the matter without a contested hearing.
RECOMMENDED this 20th day of August, 2014.
OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
By
Peter Gowen, Enforcement Officer
AGREED TO AND ACCEPTED this ______day of August, 2014.
TEKTON WINDSOR LLC.
By
Signature of Authorized Company Representative
Print Signatory Name
Title
ORDER
HAVING CONSIDERED the Agreement between the Director and Tekton Windsor LLC to resolve the NOAV, the COMMISSION ORDERS:
1. Tekton is found in violation of Rule 318Ae.(4) as described above.
2. Tekton will be assessed $2,000 for the Rule violations described above.
3. Tekton will pay the penalty within 35 days after this AOC is approved by the Commission.
4. Tekton will collect pre-drilling baseline groundwater samples before the next well is spud at both Location ID No. 433139 and Location ID No. 427354.
5. Tekton will collect post drilling samples at both Location ID No. 433139 and Location ID No. 427354 as required by Rule 318Ae(4), or if samples may not be obtained, submit a Sundry Notice seeking relief from the 318Ae(4) requirements. Any Sundry Notice seeking relief must include details of the operator’s good faith efforts to obtain groundwater samples.
6. This AOC does not relieve Tekton Windsor LLC from undertaking and completing abatement or corrective actions that may be required by the NOAV or any amendments or modifications thereto specified by the Staff.
7. Entry of this Order constitutes final agency action for purposes of judicial
review as of the date this order is mailed by the Commission. For all other purposes, this Order is effective as of the date of approval by the Commission.
8. The Commission expressly reserves its right after notice and hearing, to alter, amend, or repeal any and/or all of the above orders.
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OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
By
Robert J. Frick, Secretary