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 WAYNE L. WISE, YUMA COUNTY, COLORADO |
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CAUSE NO. 1V
DOCKET NO. 1410-OV-72
ORDER NO. 1V-488 |
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. Wayne L. Wise (“Wise”) (Operator No. 97120) is the operator of the T.G.A.-Crossland #1 Well (API # 05-125-06684), located in Yuma County.
2. On June 23, 2014, COGCC East Region Field Inspection Supervisor Craig Quint, inspected the well location (Doc # 668602790). The inspection noted that the well location lacked adequate signage. COGCC Rules of Practice and Procedure, 2 CCR 404-1 (“Rule”), Rule 210.b requires the installation of a permanent sign at the wellhead containing certain information specified in the rule. The inspection noted that the well was temporarily abandoned.
3. On July 1, 2014, following a review of the inspection and COGCC records, COGCC Engineering Technician Asnoldo Benitez noted that Wise had failed to file a Form 4 requesting continued temporarily abandoned status, as required by Rule 319.b. Therefore, Mr. Benitez issued Notice of Alleged Violation (“NOAV”) No. 200407966, subsequently replaced by NOAV No. 200412873, to Wise, alleging violations of Rules 210.b and 319.b.
4. Wise has since installed proper signage at the well and filed a Form 4 requesting continued temporarily abandoned status.
5. Following factual investigation and legal review of the violations alleged in the NOAV, Enforcement Staff now asserts Wise has committed one, twenty-day violation of Rule 210.b, and one, ten-day violation of Rule 319.b.
6. Pursuant to Rule 523, and the Commission’s Enforcement and Penalty Policy, Hearings Staff calculated a penalty of $16,000 for these violations.
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 Wise agrees to settle the NOAV on the following terms and conditions:
I. Wise will pay a penalty of $16,000.
II. Wise will pay $16,000 within 30 days after the Commission mails the Order approving this AOC.
III. Payment of the penalty pursuant to this AOC does not relieve Wise of its obligations to complete corrective actions set forth in the NOAV, as may be amended or modified by COGCC Staff.
RECOMMENDED 9th day of October, 2014.
OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO
By
Jeremy I. Ferrin, Enforcement Officer
AGREED TO AND ACCEPTED this ______day of October, 2014.
Wayne L. Wise
ORDER
HAVING CONSIDERED the Agreement between the Director and Wise and to resolve the NOAV, the COMMISSION ORDERS:
1. Wise is found in violation of Rules 210.b and 319.b, as described above.
2. Wise is assessed a total penalty of $16,000 for the rule violations described above.
3. Wise will pay $16,000 within 30 days after the Commission mails the Order approving this AOC.
4. Payment of the penalty pursuant to this AOC does not relieve Wise of its obligations to complete corrective actions set forth in the NOAV, as may be amended or modified by COGCC Staff.
5. 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.
6. 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