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Home My WebLink About20152688.tiff O BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE PROMULGATION AND ) CAUSE NO. 407 ESTABLISHMENT OF FIELD RULES TO ) GOVERN OPERATIONS FOR THE CODELL ) DOCKET NO. 150700406 FORMATION, WATTENBERG FIELD, WELD ) COUNTY, COLORADO ) TYPE: POOLING NOTICE OF HEARING RECEIVED TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN: JUN 1 7 2015 APPLICATION LANDS WELD COUNTY COMMISSIONERS Township 4 North, Range 66 West. 6'" P.M. Section 6: SW' Section 7: NW%a APPLICATION On May 21, 2015, PDC Energy, Inc. (Operator No. 69175) ("PDC" or"Applicant") filed a verified application pursuant to§34-60-116, C.R.S.,for an order to: 1) Pool all interests in an approximate 296-acre designated horizontal wellbore spacing unit established for the Application Lands, for the development and operation of the Codell Formation; and 2) Subject any nonconsenting interests to the cost recovery provisions of §34-60- 116(7), C.R.S., effective as of the earlier of the date of the Application, or the date that any of the costs specified in §34-60-116(7)(b), C.R.S., were first incurred for the drilling of the Bernhardt 6K-443 Well (API No. 05-123-40395). APPLICABLE RULES AND ORDERS (available online at: http://coacc.state.co.us, under"ORDERS") • On April 27, 1998, the Commission adopted Rule 318A, the Greater Wallenberg Area Special Well Location, Spacing and Unit Designation Rule. • On February 19, 1992 (amended August 20, 1993), Order No. 407-87 established 80- ' acre drilling and spacing units for the production of oil, gas and associated hydrocarbons from the Codell and Niobrara Formations, with the permitted well locations in accordance with the provisions of Order No. 407-1. • I � 2015-2688 Lr'Etch, - U u NOTICE IS HEREBY GIVEN, pursuant to: 1) the general jurisdiction granted to the Oil and Gas Conservation Commission of the State of Colorado under §34-60-105 C.R.S.; 2) specific powers granted pursuant to §34-60-106 C.R.S.; 3) the State Administrative Procedures Act at §24-4-105 C.R.S.; and 4) the Commission's Series 500 Rules at 2 CCR 404-1, that the Commission has scheduled the above-entitled matter for hearing on: Date: Monday,July 20,2015 Tuesday, July 21, 2015 Time: 9:00 a.m. Place: Colorado Oil and Gas Conservation Commission it;, • P " ' 1120 Lincoln St., Suite 801 • Denver, Colorado 80203 In-accordance with-the-Americans with Disabilities-Act,-if any-party-requires-special-- accommodations as a result of a disability for this hearing, please contact Margaret Humecki at (303) 894-2100 ext. 5139, prior to the hearing and arrangements will be made. At hearing, the Commission will consider the Application and enter an order pursuant to its authority under the statute. Any interested party desiring to protest or intervene should file with the Commission a written protest or intervention in accordance with Rule 509, no later than July 6, 2015. Such interested party shall, at the same time, serve a copy of the protest or intervention to the person filing the application. One electronic (cogcc.hearings_unit@state.co.us), one original and two copies shall be filed with the Commission. Anyone who files a protest or intervention must be able to participate in a prehearing conference during the week of July 6, 2015. Pursuant to Rule 511, if the matter is uncontested, it may be approved without a hearing. OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF LORADO By ie Murphy, Sec Dated:June 11, 2015 Colorado Oil and Gas Conservation Commission Attorneys for Applicant: 1120 Lincoln Street, Suite 801 Jamie L. Jost Denver, Colorado 80203 Zachary P. Sears Website: http://cogcc.state.co.us Burleson LLP Phone: (303)8942100 1700 Lincoln Street, Suite 1300 Fax: (303) 894-2109 Denver, Colorado 80203 (303)801-3200 jjost@burlesonlip.com zsears@budesonlIp.com 2 (150700406) BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF CAUSE NO. PDC ENERGY, INC. FOR AN ORDER TO POOL ALL INTERESTS IN AN APPROXIMATE DOCKET NO. 299-ACRE DESIGNATED HORIZONTAL WELLBORE SPACING UNIT FOR PORTIONS TYPE: POOLING OF SECTIONS 6 AND 7, TOWNSHIP 4 NORTH, RANGE 66 WEST, 6TH P.M., AND RECEIVED SECTIONS 1 AND 12, TOWNSHIP 4 NORTH, MAY 2 7 2015 RANGE 67 WEST, 6TH P.M., FOR THE NIOBRARA FORMATION, WATTENBERG WELD COUNTY FIELD, WELD COUNTY, COLORADO COMMISSIONERS APPLICATION COMES NOW PDC Energy, Inc. (Operator No. 69175) ("PDC" or "Applicant"), by its attorneys, Burleson LLP, and makes this application to the Oil and Gas Conservation Commission of the State of Colorado ("Commission") for an order to pool all interests within an approximate 299-acre Wellbore Spacing Unit, as defined below, for the drilling of the Bernhardt 6G-323 Well (API No. 05-123-40398) ("Well"), for the development of the Niobrara Formation on the following described lands: Township 4 North, Range 66 West, 6th P.M. Section 6: ILVYSW1A Section 7: W%NW'/ Township 4 North, Range 67 West, 6th P.M. Section 1: EASE% Section 12: SANE% 299-acres, more or less, Weld County, Colorado. Hereinafter"Application Lands" In support thereof, Applicant states and alleges as follows: 1. Applicant is a corporation duly authorized to conduct business in the State of Colorado, and is a registered operator in good standing with the Commission. 2. Applicant owns certain leasehold interests in the Application Lands. 3. On April 27, 1998, the Commission adopted Rule 318A, which, among other things, allowed certain drilling locations to be utilized to drill or twin a well, deepen a well or recomplete a well and to commingle any or all of the Cretaceous Age o © . Formations from the base of the Dakota Formation to the surface. On December 5, 2005, Rule 318A was amended to allow interior infill and boundary wells to be drilled and wellbore spacing units to be established. On August 8, 2011, Rule 318A was again amended to, among other things, address drilling of horizontal wells. 4. On February 19, 1992, the Commission entered Order No. 407-87 (amended August 20, 1993) which, among other things, established 80-acre drilling and spacing units for the production of oil, gas and associated hydrocarbons from the Codell-Niobrara Formations, the Codell Formation, and the Niobrara Formation underlying certain lands, including the Application Lands, with the permitted well locations:.in,apcordance with the provisions of Order No. 407-1. • 5':; On July 28, 2015, the Commission entered Order No. 407-2014, which' amorig 'other things, pooled all interests in three approximate 640-acre designated wellbore spacing units established for portions of the Application Lands, for the development and operation of the Niobrara Formation. Order No. 407-2014 does not affect this Application. 6. Applicant designated the 299-acre Wellbore Spacing Unit for the production of oil, gas, and associated hydrocarbons from the Niobrara Formation pursuant to Rule 318A and notified the appropriate parties under Rule 318A. 7. Applicant, pursuant to Commission Rule 530 and/or the provisions of C.R.S. § 34-60-116 (6) and (7), hereby requests an order to pool all interests, including but not limited to, any non-consenting interests, in the Application Lands in the Niobrara Formation underlying the following approximate 299-acre Wellbore Spacing Unit: Township 4 North, Range 66 West, 6th P.M. Section 6: W%SW' Section 7: W%NW/ Township 4 North, Range 67 West, 6th P.M. Section 1: E'/2SE'/ Section 12: E%NE% (throughout as "Wellbore Spacing Unit"). 8. Applicant requests that the Commission's pooling order be made effective as of the earlier of the date of this Application, or the date that the costs specified in C.R.S. § 34-60-116(7)(b) are first incurred for the drilling of the Well to the Niobrara Formation on the Application Lands. 9. Applicant certifies that copies of this Application will be served on all persons owning an interest in the mineral estate of the tracts to be pooled within seven (7) days of the date hereof, as required by Rule 503.e., and that at least thirty-five (35) days prior to the hearing on this matter, each such interest owner not already leased or O voluntarily pooled will be offered the opportunity to lease, or to participate in the drilling of the Well, and will be provided with the information required by Rule 530 as applicable. The list of such interested parties is attached hereto as Exhibit A. 10. That in order to prevent waste and to protect correlative rights, all interests in the Wellbore Spacing Unit should be pooled for the orderly development of the Niobrara Formation, including any non-consenting interests therein. WHEREFORE, Applicant requests that this matter be set for hearing at the next available opportunity, that notice be given as required by law, and that upon such hearing, the Commission enter its order: A. Pooling all interests in the Application Lands and the Wellbore Spacing Unit for the development of the Niobrara Formation. B. Providing that the Commission's pooling order is made effective as of the earlier of the date of this Application, or the date that any of the costs specified in C.R.S. § 34-60-116(7)(b) are first incurred for the drilling of the Well in the Wellbore Spacing Unit to the Niobrara Formation on the Application Lands. C. Providing that the interests of any owners with whom the Applicant has been unable to secure a lease or other agreement to participate in the drilling of the Well are pooled by operation of statute, pursuant to C.R.S. § 34-60-116(6) and (7), and made subject to the cost recovery provisions thereof with respect to the Well drilled to develop the Niobrara Formation in the Wellbore Spacing Unit comprising the Application Lands. D. For such other findings and orders as the Commission may deem proper or advisable in this matter. WHEREFORE, Applicant respectfully requests that this matter be set for hearing in July 2015, that notice be given as required by law, and that upon such hearing, the Commission enter its order consistent with Applicant's request as set forth above. C.) Dated: May Ol , 2015. Respectfully submitted: PDC ENER , INC. / By: 4-46,44C C • LAlot-f-- Zachary P. Sears Burleson LLP Attorneys for Applicant 1700 Lincoln St., Suite 1300 Denver, Colorado 80203 (303) 801-3200 Applicant's Address: PDC Energy, Inc. ATTN: Josh Wagner 1775 Sherman Street, Suite 3000 Denver, CO 80203 • VERIFICATION STATE OF COLORADO ss. CITY AND COUNTY OF DENVER Josh Wagner, of lawful age, being first duly sworn upon oath, deposes and says that he is a Senior Regional Landman for PDC Energy, Inc., and that he has read the foregoing Application and that the matters therein contained are true to the best of his knowledge, information and belief. Josh gner Senior Regional Landman PDC Energy, Inc. ' Subscribed and sworn to before me this c day of May 2015. Witness my hand and official seal. KRISTIE ANN MONEY [SEAL] STATETOOF COLORADO NOTARY ID 20134031387 My Commission Expires May 16, 2017 My commission expires: 5//(2//7 Notary Public • BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF CAUSE NO. PDC ENERGY, INC. FOR AN ORDER TO POOL ALL INTERESTS IN AN APPROXIMATE DOCKET NO. 299-ACRE DESIGNATED HORIZONTAL WELLBORE SPACING UNIT FOR PORTIONS TYPE: POOLING OF SECTIONS 6 AND 7, TOWNSHIP 4 NORTH, RANGE 66 WEST, 6TH P.M., AND SECTIONS 1 AND 12, TOWNSHIP 4 NORTH, RANGE 67 WEST, 6TH P.M., FOR THE NIOBRARA FORMATION, WATTENBERG FIELD, WELD COUNTY, COLORADO AFFIDAVIT OF MAILING STATE OF COLORADO )ss. CITY AND COUNTY OF DENVER ) I, Jamie L. Jost of lawful age, and being first duly sworn upon my oath, state and d Ire that I am the attorney for PDC Energy, Inc., and that on or before the ) day of May 2015, I caused a copy of the attached Application to be deposited in the United States Mail, postage prepaid, addressed to the parties listed on Exhibit A to the Application. Jamie L. Jost Subscribed and sworn to before me this 2i day of May 2015. Witness my hand and official seal. [SEAL] 24 201 AQN�� !IL MNGMy commission expires: j� fNOTARYBCATEOF CORADOTARY ID44025048COMMSSIONE%PE5 JUNE 24.2018 Not ry Public f Exhibit A FP— Bernhardt 6G-323 PDC Energy, Inc. American Investment Bank 1775 Sherman Street, Suite 3000 (David S. Toth, DPM) Denver, Colorado 80203 514 Water Street Chardon, Ohio 44024 Noble Energy, Inc.1 625 Broadway, Suite 2200 American Investment Bank Denver, Colorado 80202 (Leslie Wint) 79 Esplanade Bayswater Exploration & Mt. Vernon, New York 10553 Production, LLC 730 17th Street, Suite 610 Graham B. Blanton Denver, Colorado 80202 1804 Pugh Street Fayetteville, North Carolina 28305 Bayswater Blenheim Holdings II, LLC Skylark Energy, LLC 730 17th Street, Suite 610 40 West Littleton Blvd. Suite 210, Denver, Colorado 80202 Box 237 Littleton, Colorado 80120 Cimarron Petroleum P.O. Box 2768 Gregory J. Bunten Amarillo, Texas 79105 11437 St. Charles Rock Road Bridgeton, Missouri 63044 Double Eagle Energy Rockies, LLC 1401 Ballinger Street, Suite 203 Michael R. Freeman, MD. Fort Worth, Texas 76102 1001 Wolf Lane Cape Girardeau, Missouri 63701 TAPS I Energy, LLC 1001 Farmington Avenue H.W. Hardy West Hartford, Connecticut 06107 711 Louisiana, Suite #1300 Houston, Texas 77002 Incline Resources, LLC 5019 N. Central Expy, Suite B Eugene E. Hutton, Jr., M.D. Dallas, Texas 75205 Box 1305 Elkins, West Virginia 26241 Maureen Ardolino Trust UAD October 5, 2000 Meyer Lewshin 8871 Sailport Drive 1253 N. Vine St. #16 Huntington Beach, California 92646 Los Angeles, California 90038 Richard R. Chotin L. Gordon Pfefferkorn, Jr. 509 Olive Street, Suite#500 715 Coliseum Drive St. Louis, Missouri 63101 Winston-Salem, NC 27106 O O Robert G. Rager Acoma Energy, LLC 7002 S. Chapparal Circle East 3801 E. Florida Ave., Suite 508 Aurora, Colorado 80016 Denver, Colorado 80210 Claude Stull Bayou Workover Services LLC 1602 Old Silo Hill Drive 800 Gessner Road Mount Sterling, Kentucky 40353 Houston, TX 77024 Jack I. Tompkins Bernhardt Farms LLC • 4900 Woodway, Suite 890 12281 Highway 60 Houston, Texas 77056 Milliken, CO 80543 Gary Van Schaften David Lee Bernhardt 2 Timberline Drive Consolidated Trust Wayne, New Jersey 07470 David Lee Bernhardt Trustee 23809 Weld County Road 25 Edward Foerstel Milliken, CO 80543 3998 US Highway 61 Bloomsdale, Missouri 63627 Albert Bernhardt 20523 Highway 39 Debra Foerstel Wiggins, CO 80654-0000 HCR#2 Box 57 Bloomsdale, Missouri 63627 Heirs or Devisees of Delbert Bernhardt Peter C. Merrill 11269 State Hwy 60 7909 Big Bend Milliken, CO 80543 St. Louis, Missouri 63119 Herbert B Bernhardt Joyce T. Merrill 21564 Weld County Road 25 7909 Big Bend Milliken, CO 80543-0000 St. Louis, Missouri 63119 Jerry Bernhardt & Heirs or Devisees of Margaret Bernhardt Ruby Timmermann a/k/a Margaret R Bernhardt 44871 N Hills Drive, Apt 170 820 Azalea Way Northville, Michigan 48167-6111 Vacaville, CA 95688-0000 Heirs or Devisees of Jerry Reuben Bernhardt Ruby Timmermann Consolidated Trust 4900 Cooley Lake Road Jerry Reuben Bernhardt Trustee Commerce Township, Michigan 820 Azalea Way 48382-1186 Vacaville, CA 95688 Ellis & Gudmundson Properties, LLC Leroy R Bernhardt PO Box 21748 PO Box 250 Bakersfield, California 93390 Milliken, CO 80543-0000 A O o Margaret Bernhardt Marian Forbes a/k/a Margaret R Bernhardt f/k/a Marian Rossman 820 Azalea Way 20075 Road Q Vacaville, CA 95688-0000 Fort Morgan, CO 80701-0000 Melvin Bernhardt Lot Holding Investments LLC 70042 County Road #10 301 Centennial Drive Mitchell, NE 69357-0000 Milliken, CO 80543 Timothy Alan Bernhardt Charlene Bernhardt Michaels Consolidated Trust Consolidated Trust Timothy Alan Bernhardt Trustee Charlene Michaels Trustee 551 Barnwood Drive 913 NW 36th Drive Windsor, CO 80550 Gainesville, FL 32605 Bestway Concrete Company Town of Milliken 301 Centennial Drive 1101 Broad Street Milliken, CO 80543 Milliken, CO 80543 Charlotte M Bjoralt Public Service Company of CO 1390 Blossom Way NE Right of Way & Permits Dept Corydon, IN 47112 Attn: W E Miller 1800 Larimer St, Ste. 400 Helen Bernhardt Busch Denver, CO 80202 PO Box 266 Wiggins, CO 80654-0000 Marilyn J Schneider 24987 County Road 25 Robert Ehrlich Milliken, CO 80543-0000 25041 County Road 60 ''A Greeley, CO 80631 Larry L Schupbach PO Box 962 Janelle Dawn Foose Graham, TX 76450 642 54th Avenue Greeley, CO 80634 James L Sitzman 27490 CR 50 Kristal Deeann Foose Kersey, CO 80644-9115 33399 CR 51 Eaton, CO 80614 Jay L Sitzman 27490 County Road 50 Richard Lee Foose Kersey, CO 80644-0000 33399 Weld County Road 51 Eaton, CO 80651 Jeffrey L Sitzman 15780 County Road RR Akron, CO 80720 0 0 Wanda K Sitzman PO Box 383 Yuma,CO 80759 Charlotte R Steinbock 419 Adams Avenue, PO Box 360 Morrill,NE 69358 Joseph Brent Steinbock 1208 Harris Dr Ft.Collins,CO 80524 Lance A Steinbock 3562 Loveland Ave Loveland,CO 80538 Sheldon E Steinbock 5015 Raleigh Street Denver,CO 80212 Ventures Unlimited LLC 2817 Meadowlark Ave Fort Collins,CO 80526 Weld Co School District RE-5J 110 S Centennial Dr.,Ste.A Milliken,CO 80543 Weld County Board of Comm PO Box 758 Greeley,CO 80632-0758 Ehrlich Feedlot,Inc. c/o Ronald Ehrlich PO Box 55 Johnstown,CO 80534 Hello