THE STATE OF UTAH TO ALL PERSONS INTERESTED IN THE FOLLOWING MATTER (Docket No. 2019-026): Notice is hereby given that the Board of Oil, Gas and Mining (“Board”), State of Utah, will conduct a hearing on WEDNESDAY, FEBRUARY 26, 2020, at 10:00 AM, 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/zn2KTjqpNOA.
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., Utah Code Ann. § 40-8-1 et seq., and Utah Code Ann. § 63G-4-101 through 601.
DOCKET NO. 2019-026 CAUSE NO. 007-15: In the matter of the Notice of Agency Action by the Utah Division of Oil, Gas and Mining seeking an order: (1) Authorizing the Division to seek penalties against SPENCER K. BARTON in a civil proceeding; (2) Forfeiting the reclamation bond provided by Spencer K. Barton for the Academy #1 Well; and (3) Authorizing the Division to use the amount forfeited to plug and reclaim the well secured by this surety which is located in Emery County, Utah, Township 20S Range 7E, Section 15.
THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Notice of Agency Action (“NOAA”) filed by the Utah Division of Oil, Gas and Mining (the “Division”), to enter an order: 1. Forfeiting the cash collateral bond provided to the Division, held by the State Treasurer, to guaranty the plugging and restoration of the gas well operated by Spencer K. Barton, d/b/a Empire Energy, identified as the Academy #1 well, located in Township 20 South, Range 7 East, Section 15, in Emery County, Utah (the “Subject Well”); 2. Authorizing the Division to use the forfeited funds to complete the plugging and restoration of the Subject Well as permitted by Utah Admin. Code R. 649-3-1.16; 3. Authorizing the Division to take court action as necessary to enforce the terms of the Board Order; 4.Authorizing the Division to seek civil penalties in district court in an amount the court deems appropriate, not to exceed $5000 per day for each day of violation; and 5. Granting further relief that the Board deems just and proper.
Objections to the NOAA must be filed with the Secretary of the Board at the address listed below no later than the February 10, 2020. 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 Utah Board of Oil, Gas and Mining’s website at https://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 31st day of January, 2020.
STATE OF UTAH
BOARD OF OIL, GAS AND MINING
Ruland J. Gill, Jr., Chairman
/s/ Julie Ann Carter
Board Secretary
1594 West North Temple, Suite 1210
Salt Lake City, Utah 84116
(801) 538-5277
Published in the ETV Newspaper on February 5, 2020.