NOTICE OF HEARING / Docket No. 2022-020 Cause No. 076-03 / BEFORE THE BOARD OF OIL, GAS AND MINING / DEPARTMENT OF NATURAL RESOURCES / STATE OF UTAH / THE STATE OF UTAH TO ALL PERSONS INTERESTED IN THE FOLLOWING MATTER. Docket No. 2022-020 Cause No. 076-03:
In the matter of the Notice of Agency Action requesting the Board issue an Order requiring the Operator of record plug the Lavinia ST 1-32 Well. NOTICE IS HEREBY GIVEN that the Board of Oil, Gas and Mining (the “Board”), State of Utah, will conduct a hearing on Wednesday, September 28, 2022, at 10:00 a.m., or as soon thereafter as possible in the auditorium of the Department of Natural Resources, 1594 West North Temple, Salt Lake City, Utah. The hearing will be streamed live on the Department of Natural Resources YouTube channel at https://youtu.be/0H6Crh4FHBw. THE HEARING WILL BE CONDUCTED as a formal administrative adjudication in accordance with the rules of the Board as set forth in Utah Administrative Code R641, et seq. and as provided for in Utah Code Ann. § 40-6-1, et seq. and Utah Code Ann. § 63G-4-101 through -601. THE PURPOSE OF THE HEARING will be for the Board to receive testimony and evidence regarding a Notice of Agency Action (“NOAA”) filed by Utah Division of Oil, Gas and Mining (“Division”), that the Board enter an order to: a. Require Ms. Underdahl and Mr. Reott plug their well pursuant to the Board’s general authority under Utah Code Ann. § 40-6-5 and the Board’s authority under Code Ann. § 40-6-11 (3) to require Ms. Underdahl and Mr. Reott to comply with the relevant laws rules and regulations surrounding the Lavinia St 1-32 Well, located in Section 32, Township 12 South, Range 16 East, in Carbon County, Utah, (the “Subject Well”); b. Make a time certain deadline by which Ms. Underdahl and Mr. Reott must come into compliance with the relevant laws rules and regulations including the plugging status of the Subject Well; c. Make a determination surrounding whether Ms. Underdahl and Mr. Reott are in violation. If the Board determines that Ms. Underdahl and Mr. Reott are in violation the Division requests that the Board assess a penalty separate and apart from any penalties the Division may have already assessed against them. The Division further requests that any penalty assessed by the Board be stayed until after the compliance date requested above. If Ms. Underdahl and Mr. Reott comply with the time certain deadline the Division requests no penalties should be levied against Ms. Underdahl and Mr. Reott. However, if Ms. Underdahl and Mr. Reott fail to meet the compliance deadline penalties should be assessed by the Board pursuant to Utah Code Ann. § 40-6-11(4)(a). The Division further requests the Board take actions pursuant to Utah Code Ann. §40-6-11 to collect any penalties assessed as well as recover costs the Division may incur in plugging the Subject Well should the Division be required to plug the Subject Well; d. Provide for such other and further relief as may be just and equitable under the circumstances. Objections to the NOAA must be filed with the Secretary of the Board at the address listed below no later than the 12th day of September, 2022. A party must file a timely written objection or other response in order to participate as a party at the Board hearing. Failure to participate can result in a default judgment. Natural persons may appear and represent themselves before the Board. All other representation of parties before the Board will be by attorneys licensed to practice law in the State of Utah, or attorneys licensed to practice law in another jurisdiction which meet the rules of the Utah State Bar for practicing law before the Utah Courts. Persons interested in this matter may participate pursuant to the procedural rules of the Board. The NOAA, and any subsequent pleadings, may be inspected at the office of the undersigned, and inspected online at the Board’s website at http://ogm.utah.gov/amr/boardtemp/redesign/books.html. Pursuant to the Americans with Disabilities Act, persons requiring auxiliary communicative aids and services to enable them to participate in this hearing should call Julie Ann Carter at (801) 538-5277, at least three working days prior to the hearing date. DATED this 22nd day of August, 2022. STATE OF UTAH / BOARD OF OIL, GAS AND MINING / Chris D. Hansen, Chairman / Julie Ann Carter, Board Secretary / 1594 West North Temple, Suite 1210 / Salt Lake City, Utah 84116 / (801) 538-5277
Published in the ETV Newspaper September 7, 2022.