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Appeal No. 0550: Kelly H. Boals, v. Donald L. Mason, Chief, Division of Oil & Gas

Case Western Reserve University School of Law

BEFORE THE OIL & GAS BOARD OF REVIEW KELLY H. BOALS, Appellant, -vs-DONALD L. MASON, CHIEF, DIVISION OF OIL & GAS, Appellee. Appeal No. 550 Review of Chief s Order 93-303 ORDER OF THE BOARD G~GJOmrr MOTION FOR CONSENT DECISION The Oil & Gas Board of Review has received and reviewed the parties' Joint Motion for Consent Decision and finds it well taken. Accordingly, the Board hereby ADOPTS the Consent Decision. There being no issue of law or fact that needs to be heard, the Board hereby DISMISSES appeal no. 550, with prejudice. Date Issued: S/2-?:>lq lo DISTRIBUTION: Kelly Boals Michael Boals Randall H. Peddicord Sandra Ramos BEFORE THE OIL AND GAS BOARD OF REVIEW DEPARTMENT OF NATURAL RESOURCES STATE OF OHIO KELLY H. BOALS Appellant v. RICHARD J. SIMMERS, Acting Chief Division of Oil and Gas Appellee ) ) ) ) ) ) ) ) ) ) ) APPEAL NO. 550 REVIEW OF CHIEF I S ORDER NO. 93-303 JOINT MOTION FOR CONSENT DECISION Now come the parties, Appellant Kelly H. Boals and Appellee Richard J. Simmers, Acting Chief of the Division of Oil and Gas, and interested party Michael A. Boals, who, in order to settle the above captioned administrative proceeding, respectfully request this Board to adopt the attached Consent Decision and dismiss the instant appeal with prejudice. ~H~ By: KE BOALS 21 67 ulip Lane west Lafayette, OH 43845-9635 26121 County Road 10 Fresno, OH 43824 Respectfully submitted, ATTORNEY GENERAL OF OHIO 9I!/k SANDRA H. RAMOS, Esq. Assistant Attorney General Environmental Enforcement Sec. Division of Oil and Gas 4383 Fountain Sq., Bldg. B-3 Columbus, OH 43224 (614) 265-6939 Counsel for Appellee BEFORE THE OIL AND GAS BOARD OF REVIEW DEPARTMENT OF NATURAL RESOURCES STATE OF OHIO KELLY H. BOALS Appellant v. APPEAL NO. 550 RICHARD J. SIMMERS, Acting Chief ) ) ) ) ) ) ) ) ) ) ) REVIEW OF CHIEF'S ORDER NO. 93-303 Division of Oil and Gas Appellee CONSENT DECISION Prior to hearing on these appeals, the parties have reached an agreement based upon the following facts: 1. Prior to November 14, 1994 Kelly H. Boals was the "owner" as that term is defined in R.C. 1509.01(K) of the following oil and gas wells: WELL TOWNSHIP COUNTY PERMIT NO. Frase No. 6A White Eyes Coshocton 1354 Frase No. 7A White Eyes Coshocton 1355 Frase No. 2A White Eyes Coshocton 1185 Frase No. 3A White Eyes Coshocton 1186 Frase No. 4A White Eyes Coshocton 1352 Frase No. 1A White Eyes Coshocton 1173 2. Chief's Order 93-303 was issued by the Chief of the Division of Oil and Gas to Kelly H. Boals on December 29, 1993 ordering the wells listed in paragraph 1 above to be properly plugged and abandoned due to their being incapable of producing oil and gas in commercial quantities. 3. Kelly H. Boals filed a timely appeal of Chief's Order No. 93-303 pursuant to R.C. 1509.36 and the appeal was docketed as Appeal No. 550. 4. On or about November 14, 1994 Kelly H. Boals assigned his right, title and interest in the wells listed in paragraph one above to Michael A. Boals. 5. Michael A. Boals intends to either produce or properly plug and abandon the subject wells and is not registered and bonded pursuant to R.C. 1509.07. NOW THEREFORE, based upon the above facts and in order to settle the above captioned appeal, the signatories to this Consent Decision hereby agree as follows: A. Both Kelly H. Boals and Michael A. Boals consent to the entry of this Consent Decision and waive any objection or further right to appeal either may have with respect to this appeal for the purpose of settling the claims alleged in the appeal. B. The provisions of this Consent Decision shall apply to and be binding upon the signatories hereto, their agents, assignees, heirs, and successors in interest. c. Michael A. Boals shall either produce or properly plug and abandon the six wells listed in paragraph one of this Consent Decision on or before December 6, 1995. In either event all work at the wellsites shall be done in an orderly and workmanlike manner and in accordance with the requirements of R.C. Chapter 1509 and Ohio Admin. Code Chapter 1501:9. An extention of the deadline herein imposed may be granted by the Chief in writing for good cause shown. D. Immediately upon execution of this Consent Decision Michael A. Boals shall submit to the Division a Request for Change of Owner Form 7 listing all wells listed in paragraph one above and an Authority & Organization Form 9. E. Prior to placing one or more of the subject wells into production, Michael A. Boals shall comply wi~h all appropriate bonding and liability insurance requirements as set forth in R.C. 1509.07 and Ohio Admin. Code 1501:9-1-03. F. Nothing in this CONSENT DECISION shall be construed so as to prejudice the right of the Division of oil and Gas to issue other decisions and orders to enforce the provisions of Revised Code Chapter 1509 and Chapter 1501 of the Ohio Admin. Code. In the event of any default of the terms of this Consent Decision, the Division may elect any and all remedies it deems appropriate. G. Appeal No. 550 is dismissed with prejudice. H. The signatories hereto state that they have read this CONSENT DECISION, understand its terms, have the ability to comply with its terms, and agree to comply fully. ~O~L~ 21769 Tu lp Lane West Lafayette, OH 43845-9635 MICHAEL A. BOALS 26121 County Road 10 Fresno, OH 43824 By: k~(s"~ RICHARD J. S ERS, Acting Chief Division of Oil and Gas 4383 Fountain Sq., Bldg. B-3 Columbus, OH 43224 APPROVED: ATTORNEY GENERAL OF OHIO S~Esq. Assistant Attorney General Environmental Enforcement Sec. Division of oil and Gas 4383 Fountain Sq., Bldg. B-3 Columbus, OH 43224 (614) 265-6939 Counsel for Appellee 

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Appeal No. 0550: Kelly H. Boals, v. Donald L. Mason, Chief, Division of Oil & Gas

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Case Western Reserve University School of Law