IN THE MATTER OF THE PROMULGATION AND              CAUSE NO. 512
ESTABLISHMENT OF FIELD RULES TO GOVERN
OPERATIONS IN THE RATON AND VERMEJO COAL       ORDER NO. 512-2
SEAMS, LAS ANIMAS COUNTY, COLORADO

REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on July 9, 2001 at 10:00 a.m., in Suite 801, The Chancery Building, 1120 Lincoln Street, Denver, Colorado, after giving Notice of Hearing as required by law, on the application of Evergreen Resources, Inc. for an order to rescind Order No. 512-1 which approved an enhanced recovery nitrogen project to improve recovery of methane from the Raton and Vermejo Coals.

FINDINGS

The Commission finds as follows:

1. Evergreen Resources, Inc., as applicant herein, is an interested party in the subject matter of the above-referenced hearing.

2. Due notice of the time, place and purpose of the hearing have been given in all respects as required by law.

3. The Commission has jurisdiction over the subject matter embraced in said Notice, and of the parties interested therein, and jurisdiction to promulgate the hereinafter prescribed order.

4. On May 16, 1994, the Commission entered Order No. 512-1 which approved an enhanced recovery nitrogen injection project to improve recovery of methane from the Raton and Vermejo Coals, by establishing two 640-acre units consisting of Sections 28 and 33, Township 32 South, Range 66 West, 6th P.M.

5. On May 23, 2001, Evergreen Resources, Inc. filed with the Commission a request to rescind the order because the nitrogen injection unit operation was terminated due to extremely rapid breakthrough of nitrogen, rendering the process technically unfeasible for incremental methane production as well as uneconomic.

6. No protests to the application were filed and the Commission should approve the application based on the facts presented in the application.

ORDER

NOW, THEREFORE IT IS ORDERED, that Order No. 512-1 is hereby terminated and the below-listed lands are now subject to the Rules and Regulations of the Oil and Gas Conservation Commission.

Township 32 South, Range 66 West, 6th P.M.
Section 28: All
Section 33: All

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.

ENTERED this 18th day of July, 2001, as of July 9, 2001.

OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO

By Patricia C. Beaver, Secretary

Dated at Suite 801 1120 Lincoln Street Denver, Colorado 80203 July 18, 2001

(512-2)