Utah...B. Freedom From War Mine (S/039/0024) 1. Withdraw approval of the Notice of Intention under subsection 40-8-16(2) of the Utah Code; 2. Forfeit, under subsection 40-8-14(6) of

BEFORE THE BOARD OF OIL, GAS AND MINING DEPARTMENT OF NATURAL RESOURCES

STATE OF UTAH

IN THE MATTER OF THE NOTICE OF AGENCY

ACTION TO AFFECTING THE MINING OPERATIONS OF M. TODD WILHITE, WALL & ROCK, INC., AND/OR WILHITE & ASSOCIATES, INC., BY (1) WITHDRA WING A NOTICE OF INTENTION, (2) FORFEITING A CERTIFICATE OF DEPOSIT No. 7089407881 IN THE AMOUNT OF

$7000 PLUS ACCRUED INTEREST HELD BY ZIONS BANK, (3) ORDERING RECLAMATION OF MINES,

AND (4) REQUESTING THE DIVISION OF OIL, GAS

AND MINING AND THE ATTORNEY GENERAL TO

TAKE ALL OTHER ACTIONS NECESSARY TO RECOVER COSTS, FEES, AND FINES FOR THE

OPERATIONS OCCURRING AT (A) GULCH MINE (S023/0087) IN JUAB COUNTY; (B) FREEDOM

FROM WAR MINE (S/039/0024) IN SANPETE

COUNTY; (C) MOUNT PLEASANT MINE

(S/039/0027) IN SANPETE COUNTY; AND (D)

MOUNT PLEASANT NORTH MINE (S/039/0030) IN SANPETE COUNTY.

NOTICE OF HEARING

Docket No. 2014-039

Cause Nos. S/023/0087 S/039/0024 S/039/0027 S/039/0030

THE STATE OF UTAH TO ALL PERSONS INTERESTED IN ABOVE ENTITLED MATTER.

Notice is hereby given that the Board of Oil, Gas and Mining ("Board"), State of Utah, will conduct a hearing on WEDNESDAY, OCTOBER 22, 2014, at 9:00 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 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. § 40-8-1 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 that the Board enter an Order:

A. Gulch Mine (S/023/0087)

1. Order Mr. Wilhite, Wilhite & Associates, and Wall & Rock to update the NOI with current infonnation and to have the actual operating entity enter a new reclamation contract;

2. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions-including filing a civil action-to collect all outstanding annual pennit fees and all penalties assessed against Wall & Rock, Inc., Wilhite & Associates, Inc., and/or Mr. Wilhite; and

3. Grant any other just and equitable relief in these circumstances.

B. Freedom From War Mine (S/039/0024)

1. Withdraw approval of the Notice of Intention under subsection 40-8-16(2) of the Utah Code;

2. Forfeit, under subsection 40-8-14(6) of the Utah Code, Certificate of Deposit number 7089407881 held by Zions Bank, which is for the benefit of the Division, and order Zions Bank to deliver the principle of $7000 together with any accrued interest to the Division to pay for the costs associated with reclaiming the Freedom from War Mine site;

3. Authorize the Division to reclaim the lands affected by the Freedom from War Mine site under Utah Administrative Code Rule R647-3-112(1);

4. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions-including filing a civil action-to collect all outstanding annual fees, those reclamation costs greater than CD no. 0329574941 might cover, and all penalties assessed against Wall & Rock, Inc. and/or M. Todd Wilhite; and


c. Mount Pleasant - Wilhite Mine (S/039/0027)

1. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions-including filing a civil action-to collect all outstanding annual pennit fees and all penalties assessed against Wall & Rock and/or Mr. Wilhite;

2. Order, under Utah Code subsection 40-8-6(4), Mr. Wilhite and Wall & Rock, jointly and severally, to reclaim the mine site to the Division's specifications, and if the order is

2

not complied with by April 1, 2015, order the Division and the Attorney General to take all necessary actions-including filing a civil action-against Mr. Wilhite and Wall & Rock to collect the estimated costs of reclaiming the mine site; and


D. Mount Pleasant North Mine (S/039/0030)

1. Request that the Division and the Attorney General, under subsections 40-8-9.1 (4), (6) of the Utah Code, take all necessary actions-including filing a civil action-to collect all outstanding annual permit fees and all penalties assessed against Wall & Rock and/or Mr. Wilhite;

2. Order, under Utah Code subsection 40-8-6(4), Mr. Wilhite and Wall & Rock, joint and severally, to reclaim the mine site to the Division's specifications, and if the order is not complied with by April 1, 2015, order the Division and the Attorney General to take all necessary actions-including filing a civil action-against Mr. Wilhite and Wall & Rock to collect the estimated costs of reclaiming the mine site; and


Objections to the Notice of Agency Action must be filed with the Secretary of the Board at the address listed below no later than the 10th day of the month, or two weeks before the scheduled hearing, whichever is earlier. 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 Notice of Agency Action, 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 http://ogm.utah.gov/arnrlboardtemp/redesignlbooks.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.

3

DATED this 29th day of September, 2014.

STATE OF UTAH BOARD OF OIL, GAS AND MINING Ruland J. Gill, Jr., Chairman

Board Secretary 1594 West North Temple, Suite 1210 Salt Lake City, Utah 84116 (801) 538-5277

4

CERTIFICATE OF PUBLISHED NOTICE

I hereby certify that I caused a true and correct copy of the foregoing NOTICE OF HEARING for Docket No. 2014-039, Cause Nos. S/023/0087, S/039/0024, S/039/0027, and S/03910030 to be PUBLISHED in the following newspapers on the following days:

October 5, 2014: The Salt Lake Tribune and Deseret Morning News, newspapers of general circulation in Salt Lake City and County.

October 1, 2014: Times-News, a newspaper of general circulation in Juab County.

October 1, 2014: Gunnison Valley Gazette, a newspaper of general circulation in Sanpete County.

October 2, 2014: Sanpete Messenger, a newspaper of general circulation in Sanpete County.

r / •

5

CERTIFICATE OF SERVICE

I hereby certify that on this 29th day of September, 2014, I caused a true and correct copy

of the foregoing NOTICE OF HEARING for Docket No. 2014-039, Cause Nos. S/023/0087,

S/039/0024, S/039/0027, and S/039/0030, to be mailed by Email or via First Class Mail with

postage prepaid, to the following:

Michael S. Johnson Assistant Attorney General Utah Board of Oil, Gas and Mining 1594 West North Temple, Suite 300 Salt Lake City, Utah 84116 [email protected]

Steven F. Alder (0033) Douglas 1. Crapo (14620) Assistant Attorneys General Utah Division of Oil, Gas and Mining 1594 West North Temple, Suite 300 Salt Lake City, Utah 84116 [email protected] [email protected]

Wilhite & Associates, Inc., Michael Todd Wilhite 465 North University Avenue Provo, UT 84601. [email protected] [email protected]

Wall & Rock, Inc. 3651 North 100 East, Suite 300 Provo, UT 84604 [email protected]

6

M. Todd Wilhite P.O. Box 826, Pleasant Grove, UT 84062 [email protected] [email protected]

Wall & Rock, Inc. Richard Jaynes, Registered Agent 422 East 710 North, Lindon, UT 84042

Emily Lee Zions Bank 7290 South Durango Drive Las Vegas, NV 89113

M. Todd Wilhite 3651 North 100 East Suite 300 Provo, VT 84604

Boyd and A vrin Brothersen 480 East 400 South Mount Pleasant, Utah 84647

Steven and Gayle Seely 10415 East 20250 North Mount Pleasant, UT 84647 [email protected]

7

Mont Larson 866 East 100 South Mount Pleasant, UT 84647-1617

-� /

Gunnison Valley Gazette Published on Wednesday, October 1, 2014

NOTICE OF HEARING DOCKET NO. 2014-039 CAUSE NOS. S/023/0087, S/039/0024, S/039/0027, S/039/0030


STATE OF UTAH THE STATE OF UTAH TO ALL PERSONS INTERESTED IN THE FOLLOWING MATTER: NOTICE IS HEREBY GIVEN that the Board of Oil, Gas and Mining (“Board”), State of Utah, will conduct a hearing on WEDNESDAY, October 22, 2014, at 9:00 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 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. 2014-039 CAUSE NOS. S/023/0087, S/039/0024, S/039/0027, S/039/0030 – In the Matter of the Notice of Agency Action to affecting the mining operations of M. TODD WILHITE, WALL & ROCK, INC., and/or WILHITE & ASSOCIATES, INC., by (1) withdrawing a Notice of Intention, (2) forfeiting a Certificate of Deposit No. 7089407881 in the amount of $7000 plus accrued interest held by ZIONS BANK, (3) ordering reclamation of mines, and (4) requesting the Division of Oil, Gas and Mining and the Attorney General to take all other actions necessary to recover costs, fees, and fines for the operations occurring at (a) Gulch Mine (S023/0087) in Juab County; (b) Freedom from War Mine (S/039/0024) in Sanpete County; (c) Mount Pleasant Mine (S/039/0027) in Sanpete County; and (d) Mount Pleasant North Mine (S/039/0030) in Sanpete County. THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Notice of Agency Action that the Board enter an Order: A. Gulch Mine (S/023/0087) 1. Order Mr. Wilhite, Wilhite & Associates, and Wall & Rock to update the NOI with current information and to have the actual operating entity enter a new reclamation contract; 2. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions―including filing a civil action―to collect all outstanding annual permit fees and all penalties assessed against Wall & Rock, Inc., Wilhite & Associates, Inc., and/or Mr. Wilhite; and 3. Grant any other just and equitable relief in these circumstances. B. Freedom From War Mine (S/039/0024) 1. Withdraw approval of the Notice of Intention under subsection 40-8-16(2) of the Utah Code; 2. Forfeit, under subsection 40-8-14(6) of the Utah Code, Certificate of Deposit number 7089407881 held by Zions Bank, which is for the benefit of the Division, and order Zions Bank to deliver the principle of $7000 together with any accrued interest to the Division to pay for the costs associated with reclaiming the Freedom from War Mine site;

3. Authorize the Division to reclaim the lands affected by the Freedom from War Mine site under Utah Administrative Code Rule R647-3-112(1); 4. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions―including filing a civil action―to collect all outstanding annual fees, those reclamation costs greater than CD no. 0329574941 might cover, and all penalties assessed against Wall & Rock, Inc. and/or M. Todd Wilhite; and 5. Grant any other just and equitable relief in these circumstances. C. Mount Pleasant - Wilhite Mine (S/039/0027) 1. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions―including filing a civil action―to collect all outstanding annual permit fees and all penalties assessed against Wall & Rock and/or Mr. Wilhite; 2. Order, under Utah Code subsection 40-8-6(4), Mr. Wilhite and Wall & Rock, jointly and severally, to reclaim the mine site to the Division’s specifications, and if the order is not complied with by April 1, 2015, order the Division and the Attorney General to take all necessary actions―including filing a civil action―against Mr. Wilhite and Wall & Rock to collect the estimated costs of reclaiming the mine site; and 3. Grant any other just and equitable relief in these circumstances. D. Mount Pleasant North Mine (S/039/0030) 1. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions―including filing a civil action―to collect all outstanding annual permit fees and all penalties assessed against Wall & Rock and/or Mr. Wilhite; 2. Order, under Utah Code subsection 40-8-6(4), Mr. Wilhite and Wall & Rock, joint and severally, to reclaim the mine site to the Division’s specifications, and if the order is not complied with by April 1, 2015, order the Division and the Attorney General to take all necessary actions―including filing a civil action―against Mr. Wilhite and Wall & Rock to collect the estimated costs of reclaiming the mine site; and 3. Grant any other just and equitable relief in these circumstances. Objections to the Notice of Agency Action must be filed with the Secretary of the Board at the address listed below no later than the 10th day of the month, or two weeks before the scheduled hearing, whichever is earlier. 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 Notice of Agency Action, 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 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 29th day of September, 2014. 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

alley Gazette Wednesday, October 1,, 2014

NOTICE OF HEARINGDOCKET NO. 2014-039 CAUSE NOS. 5/023/0087, S/039/0024, 5/039/0027, 5/039/0030

BEFOR-E THE BOARD OF OIL, GAS AND MININGDEPARTMENT OF NATURAL RESOURCES

STATE OF' UTAIITHE STATE OF UTAH TO ALL PERSONS INTERESTED IN TIIE FOLLOWINGMATTER:NOTICE IS HEREBY GMEN that the Board of Oil, Gas and Mining ("Board"), State ofUtah, will conduct a hearing on WEDNESDAI October 22, 2014, at 9:00 AM, or as soonthereafter as possible, in the auditorium ofthe Department ofNatural Resources, 1594 WestNorth Temple, Salt Lake City, Utah.TIIE HEARING WILL BE CONDUCTED as a formal administrative adjudication in ac-cordance with the rules of the Board as set forth in Utah Administrative Code R64l et seq.and as provided for in Utah Code Ann. g 40-6-l et seq., Utah Code Ann. g 40-8- l et seq.,and Utah Code Ann. $63G-4-l0l through 601.DOCKET NO. 2014-039 CAUSE NOS. S/023/00E7, S/039t0024,5t039t0027, S/039/0030- In thc Matter of the Notice ofAgency Action to affecting the mining operations of M.TODD WILHITE, WALL & ROCK, INC., and/or WLHITE & ASSOCIAIES, lNC., by (1)withdrawing a Notice of lntention, (2) forfeiting a Certificate ofDeposit No. 7089407881in the amount of$7000 plus accrued interest held by ZIONS BANK, (3) ordering reclama-tion of mines, and (4) requesting the Division of Oil, Gas and Mining and the AttomeyGeneral to take all other actions necessary to recover costs, fees, and files for the opera-tions occuring at (a) Gulch Mine (3023/0087) in Juab County; (b) Freedom from War Mine(S/039/0024) in Sanpete County; (c) Mount Pleasant Mine (S/039/0027) in Sanpete County;and (d) Mount Pleasant North Mine (5/039/0030) in Sanpete County.THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony andevidence regarding a Notice ofAgency Action that the Board enter an Order:A. Gulch Mine (5/023/0087)l. Order Mr Wilhite, Wilhite & Associates, and Wall & Rock to update the NOI with cru-rent informadon and to have the actual operating entiry enter a new reclamation contract;2. Request that the Division and the Attomey General, under subsections 40-8-9.1(4), (6)ofthe Utah Code, take all necessary actions-including filing a civil action-to collect alloulstanding annual permit fees and all penalties assessed against Wall & Rock, Inc., Wilhite& Associates, Inc., and/or Mr. Wilhite; and3. Grant any othcr just and equitable relief in these circumstances.B. Freedom From War Mine (5/039/0024)l. WithdTaw approval ofthe Notice of lnt€ntion under subsection 40-8-16(2) ofthe UtahCode;2. Forfeit, under subsection 40-8-14(6) ofthe Utah Code, Certificate ofDeposit number7089407881 held by Zions Bank, which is for the benefit ofthe Division, and order ZionsBank to deliver the principle of$7000 together with any accrued interest to the Division topay for the costs associated with reclaiming the Freedom from War Mine site;3. Authorize the Division to reclaim the lands affected by the Freedom from War Mine siteunder Utah Administrative Code Rule R647-3-ll2(l);4. Requcst that the Division and the Attomey General, under subsections 40-8-9.1(a), (6) ofthe Utah Code, take all necessary actions-including filing a civil action-to collect all out-standing annual fees, those reclamation costs greater than CD no. 03295'7 4941might cover,and all penalties assessed against Wall & Rock, [nc. and/or M. Todd Wilhitel and5. Grant any otherjust and equitable relief in lhese circumstances.C, Mount Pleasant - Wilhite Mine (S 103910027)l. Request that the Division and the Attomey General, under subsections 40-8-9.I (4), (6)ofthe Utah Code, lake all necessary actions-including filing a civil action-to collect alloutstanding annual permit fees and all penalties assessed against Wall & Rock gqd/or Mr

2. Order, under Utah Code subsection 40-8-6(4), Mr. Wilhile and Wall & Rock"jqiqLtlyand severally, to reclaim the mine site to the Division's specifcations, and ifthe order isnot complied urith by April l, 2015, order the Division and the Attomey General to take allnecessary actions-including filing a civil action-against Mr. Ml[ite and Wall & Rock tocollect the estimated costs of reclaiming the mine site; andl. Grant any otherjust and equitable reliefin these circumstances.D. Mount Plersant North Mine (5/039/0030)I . Request that the Division and the Attomey General, rmder subsections 40-8-9. | (4), (6)ofthe Utah Code, take all necessary actions-including filing a civil action-to collect alloutstanding annual permit fees and all penalties assessed against Wall & Rock and/or lvlr.Wilhite;2. Order, under Utah Code subsection 40-8-6(4), Mr. Wilhite and Wall & Rock, joint andseverally, to reclaim the mine site to the Division,s specifications, and ifthe order is notcomplied with by April 1, 2015, order the Division and the Attomey General to take allnecessary actions-including filing a civil action-against Mr. Wilhite and Wall & Rock tocollect the estimated costs of teclaiming the mine site; and3. Grant any other just and equitable relief in these circumstances.Objections to the Notice ofAgency Action must be filed wilh the Secr€tary ofthe Board atthe address listed below no later than the 10th day ofthe month, or two weeks before thescheduled hearing, whichever is earlier. A party must file a timely written objection or otherresponse in order to participate as a party at the Board hearing. Failure to participate canresult in a default judpent.Natural persons may appear and represenl themselves before the Board. All other represen-tarion ofparties before the Board will be by attomeys licensed to practice law in the Stateofutah, or attomeys licensed to practice law in anotherjurisdiction which meet the rules ofthe Utah State Bar for practicing law before the Utah Courts.PeBons interested in this matter may participate pursuant lo the procedural rules oftheBoard. The Notice ofAgency Action, and any subsequent pleadings, may be inspected atthe ofrce of dre undersigned, and inspected online at the Utah Board of Oil, Gas and Min-ing's websit€ at http://ogm.utah.gov/amr/boardtemD/redesienibooks.html.Pusuant to ihe Americans with Disabilities Act, penons requiring auxiliary commuicativeaids and services to enable them to participate in this hearing should call Julie Arm cader at

(801) 538-52?7, at least three workilg days prior to the hearing date'

DATED this 29th day of September, 20 I 4'STATE OF UTAH

OF OIL, GAS AND MINNGJ. Gill, Jr., Chairman

CarterBoard Sd|1594 West

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2't'75 \.\Valley Gazette on Wednesday' October l ' 2014'

Times-News Published on Wednesday, October 1, 2014






.PROOF OF PUBLICATION

STATE OF UT,AH ))ss

couNTY oF.ruAB )

I, Allan R. Gibson, being first duly sworn, depose ansay that I am the Publisher of The Times-News, aweekly newsp,aper of general circulation, publishedevery week at Nephi City, Utah and a designatedagent of the Lltah Press Association: and the noticeattached hereto, and which is a part of

was published in said newspaper forone issue, the publication having been made on the following date:

October 1, 2014

that said notice was published in the regular and entire issuevery number o'the paper during the period and times ofpublication, and that the same was published in the newspaproper and not in a supplement and that said notice waspublished on Utahlegals.com on the same day as the firstnewspaper publication and the notice remained onUtahlegals.com until the day of the scheduled foreclosure sa

,4 ^1il y/_4['5"r'r'"

SUBSCRIBED and sworn to before me

I'IOTICE OF HEAN GDOCKET NO. 2014{39 CATTSE NOS.

s/023/0087, s/039/0024, S/039i0027.s/039/0030

BEFORE THE BOARD OF OIL, GASAND MINING

DEPARTIIIENT OF NATURAL RE.SOURCES

STATE OF UTAHTHE STATE OF UTAH TO ALL PER.

SONS INTERESTED IN THE FOLLOW-ING iiATIER:

NOTICE lS HEREBY GTVEN lhat theBoard of Oil, Gas and Mtninq (Board).State of Utah, wifl conduct a ieadno o;WEDNESoAY October 22, 20j4, at 9:00Al\4, or as soon thereaffer as Dossible, inhe auditodum of Ih€ DeDadnent of NalulalResources, 1 594 West North TemDle. SaltLake City, Utah.

THE HEARING WLLEE CONDUCTEDas a tornal administrative adjudicalion inaccordance wilh lhe rules of he Board asset forth in UtEh Administrative Code R641et s€q. and as prcvided for in Ljlah CodeAnn. S 404-t et seq., Utah Code Ann.S 40+1 et s€q., and Utah Code Ann. g63G4-101 through 601.

0oCKET NO. m14{39 CAUSE NOS.s/023/0087, s/039/0024, 5/039/0027.5/039/0030 In the Matter of the Noticeof Agency Actton to afiectjnq lhe mminooperatjons of M. TODD Wtlniru. mrr dROCK, lNC., and/or W|LHITE &ASSOC|-ATES, lNC., by (1) wrthdmwrnq a Noticeof Intention. (2) torfuiting a Ce-rtifcate ofDeposit No. 7089407881 in lhe amountof$7000 plus accrued interest held bv ZIONSBANK, (3) ordering redamation oi mines,and (4) requestim he Division of Oit. Gasand Mining and the Attomey General tolake alloheractions necessary to remvercosls, fees, and ines for he operatjonsocq,ring al (a) Gutch Mine (5023/0087) inJuab County; (b)Freedom trom War Mine{5/0390024) in Sanpete Counv: lci MounrPleasant Mine {5/039/0022) in SinoeteCounty; and (d) Mount Pteasanl Norh ti4ine(5/039/0030) in Sanpete Countv.

ne punpose or ne pnobeeotlowill be tor he Eoard to receive testimonvand evidence regading a Notice ofAqencaActon that he Board enter an Ordei:

A. Guldr Mine (5/029/0087)l. Oder Mr Withib, Wthile & Associ-

ales, and Wa I Rock to update he NOIwtth curenl infornatDn and to have headuat operali,lg entity enter a new recla-maton @nbacl;

2. Request that the Dtvision and theAtomey Gene€I, under suh€dions 40+s. I {4), (6) of t|e Utah Code, take a nocss_sary actDns indudjng filing a civjl aclion tocorEct a oubtandlng anoual Dermit feesano.al penanies assessed against Wall &

I"ff: il,i;,[i'l'$u*'iates, Inc ' and/

,"ijerf ikHlTJJX*and equitabre

L Freedom From Vtar Mlne {5/039/00241

il::ij#[i[tTiJsJ*# tf ,ri,b :l

3. Aulhonze lhe Drvrson lo reclam thelands afiected by rhe Freedom from Wai

ilJf ffi flf fi ,lf,i *''nrsbswe code

^4 _Request that the Division and the

-ft tij:i.;ili.# ;'J',iln'boiT'lilialf necessary actjons includino litino acrvl actlon l0 collect afi outshntlrig ann'uat

le fees, those reclamation costs qreater thant CD no. 0329574941 might cover, and atl-'s penatties ass$sed aganst WaI & Rock,'u Inc. and/or M. Todd Wilhite;andi 5. Grant any other jusl and equitablen, relief in these cfcumslances."' C. Mount Pteasant - Withit€ Mine- {s,039/0027}li! 1. Request that the Division and the

Attomey General, undet subssctions 40_&9.1 (4), (6) of 0re Utah Code, lake a neces-!: sary aclions including filing a civil action to' collecl all outslanding anniral perflt feesand a penalies assessed aqainst Walt &Rock and/or Mr Withite:

2. Order, under Utah Code subseclion' 40-8'6(4), Mr Withfe and Wa & Rock,jointy and severally, to reclaim the minesite to the Division! specifications. and iflhe order is not complied with by ADnl j.m15, order the DMsion and he'AttbmevGeneral to take all necessary aclion;induding fiting a civit action adainst MrWilhite and Wa & Rock to collect theestimated costs of reclaiming the mine: sfle;and

3..Grant any other just and equitabtere er In nese ctcumslanc€s

D. Mount pteasant North Mine(s/039/0030)

1. Requesl that the Division anC theI Athmey GeneEt, under subsedbns 40+t 9.1(4), (6) oftre Utah Code, take all nece$_ saryactions including filing a ctvilaction to_ colecl atioulslanding annuatpermil fees

and ali penalties assessed against Wall EKocr and/or Mr Wilhitel

2. order, under utah Code slbsection40-66(4), Mr Withite and Wb & Roc*. ioinrand s€veralty, to reclaim he mtne site td heurvrson s specific€ltons, and if he oder isnolcomp,red with by Apnl 1 , 2015, order theutvlsDn and he Allomey GeneElto takea nec€ssary actions ;nctuding lltinq a cjvilaclonagainst Mr. W hite and Walt & Rockro @[ed lhe estmaled costs of reclaiminone mtne site: and

3..Grant any other just and equMblercrcI ln these circumstances.

. Objections to the Notice of AoencvAcl|o_n must be liled with he Secre6rv o'frne board at tie address hsled below norarer l,nan the toh day of tie month. orM! weeks before lhe scheduled heaino.wnEnevgr is oadiet A parly must file;Dmqy wnten objedton or otter resoons€ in0r0er l0 partjcjpate as a party at th; Boadneanng. tailureto partcipate can resull|na oerauttJudgmenl.

Natural persons may appear and reore-sen memsetves belore the goard. All oiherreFesenlation of parltes before the Boardn me 56te ol Utah, or atlornOys licens€rlro pcctce taw in another lufisdicton whjchmeet the rules of the Utah State Bar forpracl,ong taw beforo the Utah Courts

Persons intercsled in lhis malter mavpadidpate pursuant to the procedurat rule6of tie Boad. The Notjce ofAgency Action.and any subsequent pleadinqs. mav beinspected al the oflice of the uidersio'neC.and inspected ontine at lhe Utah doardofOil, Gas and Mintng's webgte at httpr/ogm.ubf L gov/am./b0onttem0/Ede!0books.htrnl

Pursuant to tho Americans with Dis-

Lcg.l lctlces

abilites Acl, pssons requidno au_\rharv@mmunicetve aids and servrcei to enabl6lhem to participab n thts hearino shouldcall Jule Ann carre. at (801) 5j8-5277.al leasl lhree wortung days pdor to thsnganng dale.

--DATED this 29th day of September,lu t4.

STATE OF UTAHEOARD OF OIt, GAS AND MININGRuland J. Gitt, Jr, Chairman/s/ Julie Ann CarterBoard Secfetary1594 West Norh Tempte, Suite.t210Salt Lake City, Utah 84j16(801)538-5277

Published in The limes.News, Nephi, Utah

this 19,'1i2914

Notary Public, residing at Nephi,FORM NIMBE T 186

REEE'

^.,1S

ProofNo. 1of2NOTICE OF HEARING

Sanpete Messenger Published on Thursday, October 2, 2014






trI"IDNTTOFTIMLICATIOTI_

COUNTY OF SANPETE

STATE OF UTAH )",I, Carolyn Bessey, representative of Sanpete News Company, Inc.,

publisher ofthe Sanpete Messenger, a newspaper ofgeneral circulationpublished weekly at Manti, Sanpete County, Utah, do solemnly swear that the

Public Notice: Division of Oil' Gas & Mining - Notice of Hearing

As per clipping attached, was published once a week for ry successiveweek(s) in the regular and entire issue ofsaid newspaper and not in asupplement thereof, commencing with the issue dated]Qg!g@!!Q![and ending \.vith the issue dated Qg!q@l!Q!! .

Subscribed and sworn to beforc me this {day of october,2ol4

Notary pubf ic residingat IfY1L-hn' ,Utah

My Commission will expire 3. b' >-o t-1

il0ncEoFHE IIG

DOCKET N0. 2014-039 CAUSE NoS. S/023i0087, 5/039/0024' v039/0027'' y039/0030BEFORE IHE BOARD OT OIt, GAS AND MINING

. DEPARIMENI OF MTUML RESOUBCES

...STAIEOTI'TAH. . . THT STNN OT WNN TO ALL PERSONS INIERESIEO IN fiE FOLTOW'

..*-ING MATTER:-'.. N0TlcE ls HEREBY GIVEN that the Board of oil, Gas and Mining

('Board'|. state of t tah, will conduct a hearing on WEDNESDAY ochb6ri2, 2014, at 9:00 AM, or as soon $enafl€I as possible, in tie adihdumot itre Oeoartmerrt ot Hanrral Resouces, 1594 West Norh Temple, Salt Lale

City, Utah.' THE HEARING WILL BE CoNDUCTED as a lormal administrativeadjudication in accordance wih the rules of fio Boatd as set forth In Utah

Ad'ministratve code R641 et seq. and as provided for in t tah code Ann'

S lO+t a seq., tlulr Coe Am' | 4oSn d s€q., dd t hh€odo fnfl' $

63G-4-1 01 Urouoh 601 .

DooKET N0. 2014-039 CAUSE N0S. 5/023/0087' 5/039/0024'3/039/0027, V039/0030 - In fie Mater of fie Notice of Agency Aclion

to afiecting he mining opentions of M. T0DD WLHITE, WALL & RoCK,

lNC., and6r WIHITE & ASS0CIAIIS, lNc., bv 0) wqtdfaU4-a ryq9sot nenion, (2) lorleiling a Corlificate ol Deposit No 7089/07-881 in the

amount of $i000 plus accrued inEr€st held by ZIoNS BANK' (3) otdlring

reclamation ol mines, and (4) requEstru tl|o Dit isbn ol oil, Gas and Minlng

and the Abmsy Gononl to hle a[ ofid eDtiolls qsslqy to.n-cover c06b,

fees. and fies irtlp oporaiom occunlng at (a) Guhfi i'Une (S02V00ED In

Juab County; (b) Freerlom from War t he (V039/002-4) In Sanp€te.Colntv;(c) Mount ibiaant Mine (V039[024 h sanp€b cortv; and (d) Moum

il;asaft tlorfi MIE (V039i0030) ln Sa$6b Co0ntv'THE PURPOSE .)F IHE PROCEEDING WiII bE IO' fiE BOA'd h TECEiVE

E$mont and €Yldonoe regarding a No0ce ol Aoency Acdon $at fie Boad

enbl an ordet:A. Qlhh Mine (5/023/0087)

Srlm or UrArr(Boeno or On, Gls & Mnut.tc)

1. 0d6r Mr..Wi@, wilhib & Associahs' dd lvat & Rock h.u9dah

2. RrqfCtdto oirishn rdt Abr|y 6Jrd' udof subs€ctions40€4.1(O (0) o,ft lH Ceae, td@ d rffiEary acto$ inclufig filitoa cfut adar*o coloct d oilhfie fl|ud pqmitfoes and all p€nalties

ass€ssod agaiBst $hll & Rodq tncj, Wnils & Associabs, Inc., an0or llr'Wilhih: and

3. Gnnt toy 00Br just and cquihDla nliel ln fiese circumstances.B. Fro€doo from wil Mlnc (Sru39/0024)1. Whdr{trr0e(oval 0f tt|s il0lico of lrbnlion uflder subseclion '10'

8-1 8g) of ne t$.Cods;2. hrfdL uib subsoction /|(){'14(6) of Ue lrhh Cod€' Corlilicah 0f

DeDoslt number 7089407881 held by Aons Bank, wl ch is lor $e benefit 0f' lhe Division, and oder Zlons Bank h dellver he pltnciple 0l $7000 togeborwih any accrued inErost b ths Division t0 pay for fie cosb associated witlrechlmin0 fie Fn€d0m fidn War Mine sib;

3. Auhodzo the DMsion b reclaim t0 lands alfeded by lhe F eedomlrom War Mine sib under utah Adminisffiive Codo Rule R647'3'112(1);

4. Roouest$dtE oMslon and he Altomoy Genenl, undor subsections4{18-9.1(4), (6)0f tE Uhh Code, blc alln€c€ssary acdons incMin0 flinoa civil ac'tion- b collsct aI ouBBdin0 U|nual l8es, lhoss mclanaton c08bgE&r fian Cb no. m29574941 ml$t cw8r, arxl at pculh esessedaga|mt fvai & Roch lnc. andor M. Todd WnhlG; and

5. Grant any other lust and equitablo reliel in lhese circumstances.C. Moun! Pleasant - wilhito Mino (V039/0027)1. Roquostt€ttls olvislon and lho Atotney G€neral, urdor subs€ctions

40-&9.1 (4), (6) of t|c uhh Code, br€ t n€oGsaty actions inchding filinoa cMl action- b collecl ail oubhndino annual permit l88s and all penalti€s

ass€ssod against wall & Rock and/ol i/tf. whlb;2. ordei under utah Code subsection 40'8-6(4), Mr Wllhlte and Wall &

Roch lointy and severally, to rBclaim fie mine sit b fie Division's sp8cifica-tons. and if te order is not complied wih by April 1 , 201 5' order tle Divisionand $e Atbm€y General to hle all necsssary aclions including filing a

civll action- against Mr Wlhib ad Wafl & Roek to colloct he estimatedcosts ol rsclaiming lie mine site; and

3. Granl any otfior Just and equihbls roll6l In these circumshnces.D. Mount Pleasant Norfi Min€ (V039/0m0)1. Roqu€s{thet ho DMsioo and the Athrney General, under subs€clions

4{F&9.1 (4), (6) of tB Uhh Coe, ble all necossary actions ;ncluding filhga cMl acton- b colloct all ouhundin0 annual permit fees and all penalties

assessod against wall & Rock anuot Mr. wilhite;

''hs'tlHtdFf

Salt Lake Tribune & Deseret News Published on Sunday, October 5, 2014

NOTICE OF HEARING 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 MATTERS (Docket Nos. 2014-031, 2014-033, 2014-034, 2014-035, 2014-037, 2014-038, and 2014-039): NOTICE IS HEREBY GIVEN that the Board of Oil, Gas and Mining (“Board”), State of Utah, will conduct a hearing on WEDNESDAY, October 22, 2014, at 9:00 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 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. 2014-031 CAUSE NO. 191-06 – In the Matter of the Request for Agency Action of QEP Energy Company for an Order suspending the application of Utah Admin. Code R649-3-2, R649-3-10, and R649-3-11(1) and (2) for the Ouray Park II Federal Exploratory Unit, covering all of Section 2, all of Section 3, the N1/2, N1/2S1/2, S1/2SE1/4, and the SE1/4SW1/4 of Section 10, the W1/2NE1/4, W1/2, SE1/4NE1/4, and the SE1/4 of Section 11, the W1/2SW1/4 and the SE1/4SWl/4 of Section 12, and the E1/2 of Section 14, Township 7 South, Range 20 East, SLM, Uintah County, Utah. THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Request for Agency Action that the Board enter an Order: 1. Suspending Utah Admin. Code R649-3-2, R649-3-10, and R649-3-11(l) and (2) for the Ouray Park II Federal Exploratory Unit ("OP II Unit"), covering the following lands:

Township 7 South, Range 20 East, SLM Section 2: All Section 3: All Section 10: N½, N½S½, S½SE¼, SE¼SW¼ Section 11: W½NE¼, W½, SE¼NE¼, SE¼ Section 12: W½SW¼, SE¼SW¼ Section 14: E½

(the “Subject Lands”); 2. Providing that the producing interval in any future well may not be located closer than 460 feet to the boundaries of the OP II Unit without obtaining an exception location from the Division pursuant to Utah Admin. Code R649-3-3; 3. Providing that no well may be directionally drilled if any producing portion of the 460 foot radius along the projected wellbore intersects with the boundaries of the OP II Unit without complying with the requirements of Utah Admin. Code R649-3-11; 4. Providing that QEP or its successor as unit operator of the OP II Unit agrees to provide (1) a plat or sketch showing the distance to lease boundaries and the target location with any

application for permit to drill filed for a directionally drilled well and (2) a copy of the annual plan of development and operation for the OP II Unit; 5. Providing the requested suspension of these rules will remain in effect only for as long as the Subject Lands are committed to the OP II Unit; and 6. Providing for such other and further relief as may be just and equitable under the circumstances. DOCKET NO. 2014-033 CAUSE NO. 139-123 – In the Matter of the Request for Agency Action of NEWFIELD PRODUCTION COMPANY for an Order: (1) partially vacating the Board’s Order entered in Cause No. 139-109 insofar as it pertains to Section 23, T3S, R3W, USM; and (2) modifying the Board’s Orders entered in Cause Nos. 139-8, 131-51 and 139-90 to establish Special 1280-Acre (or substantial equivalent) Drilling Units for the production of oil, gas and associated hydrocarbons from the Upper Wasatch Formation, comprised of Sections 6 and 7, T3S, R1W, USM, Sections 5 and 8, 6 and 7, and 28 and 33, T3S, R2W, USM, and Sections 5 and 8, 13 and 24, and 14 and 23, T3S, R3W, USM, respectively, Duchesne County, Utah, and to authorize the drilling and production of up to Eight (8) Long Lateral Horizontal Wells on each such Special Drilling Unit so established. THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Request for Agency Action that the Board enter an Order: 1. Partially vacating the Board’s order entered on November 26, 2013 in Cause No. 139-109 (the “139-109 Order”) insofar as it pertains to Section 23, T3S, R3W, USM; 2. Modifying the Board’s order entered on September 20, 1972 in Cause No. 139-8, on October 27, 1983 in Cause No. 131-51, and on May 9, 2012 in Cause No. 139-90 (the “139-90 Order”) to establish special 1,280-acre (or substantial equivalent combination of lots and quarter-quarter sections) drilling units for the production of oil, gas and hydrocarbons from the Upper Wasatch formation, defined for purposes of this cause as follows:

the base of the Uteland Butte Member of the Lower Green River formation to the top of the Wasatch Red Beds, being the stratigraphic equivalent of the interval from 8,765 feet to 9,967 feet MD as identified in the Dual Induction Log run on March 7, 1972 in the JW Accawinna # 1 Well located in the NE¼SW¼ of Section 13, T3S, R3W, USM,

comprised of Sections 6 and 7, T3S, R1W, USM, Sections 5 and 8, 6 and 7, and 28 and 33, T3S, R2W, USM, and Sections 5 and 8, 13 and 24, and 14 and 23, T3S, R3W, USM, respectively, Duchesne County, Utah (the “Subject Lands”), and authorizing the drilling and production of up to eight (8) long lateral horizontal wells upon each such unit; 3. Providing that no producing interval of the authorized horizontal lateral may be located closer than 330 feet to the north and south, and 660 feet to the east and west, boundaries of said special drilling unit, no closer than 950 feet to an existing vertical or directionally drilled well producing from the Upper Wasatch formation (as defined above), and no closer than 660 feet laterally when closer than 200 feet vertically to another horizontal lateral within the special drilling unit, without obtaining an exception location approval in accordance with Utah Admin. Code Rule R649-3-3. With respect to horizontally stacked laterals within the special drilling unit, there shall be no inter-well setback distance laterally required provided the stacked horizontal laterals are located at least 200 feet or greater apart in vertical distance; 4. Providing that the surface location of any authorized horizontal well not only may be anywhere upon the special drilling unit, but may also be located off the special drilling unit presuming proper surface and sub-surface authorization for such a location has been obtained from the owners and the well will be cased and cemented to the 330-foot drilling unit setback

within the special drilling unit as set forth in (3) above, both to be evidenced and satisfied by a self-certification to such effect executed by the operator of the special drilling unit and filed with the Utah Division of Oil, Gas and Mining, and the other setbacks for the wells set forth in (3) above are maintained; 5. Providing that any horizontal well drilled pursuant to the Order, if granted, may not be plugged back or recompleted to produce from any other formation other than the Upper Wasatch formation (as defined above), and no additional wells located upon the Subject Lands may be perforated to produce from the Upper Wasatch formation (as defined above), without further authorization from the Board; 6. Providing that the 139-90 Order shall continue to govern production allocation from the existing vertical or directionally drilled wells producing from the Upper Wasatch formation (as defined above), i.e., shall continue on a sectional basis; and 7. Provide for such other and further relief as may be just and equitable under the circumstances. DOCKET NO. 2014-034 CAUSE NO. 259-05 – In the Matter of the Request for Agency Action of ROBERT L. BAYLESS, PRODUCER LLC for an Order establishing two (2) Special Drilling Units for the production of oil, gas and associated hydrocarbons from the Uteland Butte Member of the Lower Green River Formation, comprised of Lot 3 and the bed of the Green River adjacent thereto (49.15 acres), and Lots 1 and 4 and the bed of the Green River adjacent thereto (66.66 acres), Section 9, T10S, R19E, SLM, Uintah County, Utah, and authorizing Directionally Drilled Wells on each such Drilling Unit so established to achieve an approximate equivalent 20-acre well density. THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Request for Agency Action that the Board enter an Order: 1. Establishing two special drilling units for the production of oil, gas and hydrocarbons from the Uteland Butte member of the Lower Green River formation, defined for purposes of this Cause as follows:

the stratigraphic equivalent of the interval between 4,657 feet MD and 4,816 feet MD as reflected on the Dual Induction Log of the RBU #7-9E Well, API No. 43-047-36426, located 1,906 feet FSL and 1,597 feet FEL in Lot 7 of Section 9, T10S, R19E, SLM

(the “Subject Formation”), comprised of the following Uintah County, Utah lands: A) Township 10 South, Range 19 East, SLM Sec. 9: Lot 3 (27.22) and the bed of the Green River adjacent thereto (21.93) (containing 49.15 acres, more or less); and B) Township 10 South, Range 19 East, SLM Sec. 9: Lots 1 (25.21) and 4 (5.70) and the bed of the Green River adjacent thereto (35.75) (containing 66.66 acres, more or less);

2. Authorizing the number of wells per drilling unit so established as described above to achieve an equivalent 20-acre well density; provided no well may be located closer than 330 feet to a drilling unit boundary line or 660-feet to another well producing from the Subject Formation without an exception location approval in accordance with Utah Admin. Code Rule R649-3-3 (or subsequently enacted equivalent regulation); 3. Expressly ordering that Utah Admin. Code Rule R649-3-11(1.1) is inapplicable to any well on the drilling units so established as long as the productive intervals are within the setbacks so established and with the caveat that, if an uphole completion closer than the setback is

subsequently proposed, an appropriate exception location approval and/or consents will be obtained as circumstances may require under applicable regulation; and 4. Provide for such other and further relief as may be just and equitable under the circumstances. DOCKET NO. 2014-035 CAUSE NO. 139-124 – In the Matter of the Joint Request for Agency Action of BILL BARRETT CORPORATION and EP ENERGY E&P COMPANY, L.P. for an Order modifying the Board’s Orders entered in Cause Nos. 139-84, 139-85, 139-87 and 139-90 to authorize additional Vertical and/or Directionally Drilled Wells to achieve the equivalent of up to an 80-acre well density pattern for the production of oil, gas and associated hydrocarbons for the Lower Green River-Wasatch Formations on the sectional drilling units comprising the Black Tail Ridge, Lake Canyon and portions of the Western Altamont Fields, Duchesne County, Utah. THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Request for Agency Action that the Board enter an Order: 1. Modifying the Board’s Orders entered on December 30, 2008 in Cause No. 139-84, on March 11, 2010 in Cause No. 139-85, on December 6, 2011 in Cause No. 139-87 and on May 9, 2012 in Cause No. 139-90 to authorize additional vertical/directionally drilled wells for the production of oil, gas and associated hydrocarbons from the Lower Green River-Wasatch formations to achieve an equivalent 80-acre well density on each of the following existing sectional drilling units located in Duchesne County, Utah:

Township 2 South, Range 4 West, USM Sections 19 through 36 inclusive


Township 3 South, Range 4 West, USM Sections 4 through 10, 14 through 21, 23, 27, and 30 through 33




Township 3 South, Range 8 West, USM Sections 25 and 36

Township 4 South, Range 5 West, USM Sections 2 through 22, and 30



Township 4 South, Range 8 West, USM Sections 1, 12, 13, 24, 25, and 36

(the “Subject Lands”); 2. Providing that each additional well so authorized may neither be drilled closer than 660 feet to a sectional boundary, nor, subject to the provisions of (4) below, 990 feet to another well producing in the Lower Green River-Wasatch formations without an exception location approval

in accordance with Utah Admin. Code Rule R649-3-3 (or subsequently enacted similar regulation); 3. Declaring that, so long as the initial intersection with the Lower Green River-Wasatch formations, all productive intervals, and the bottom hole location of a directionally drilled well so authorized are all within the setbacks set forth under (2) above, no additional exception location approval or consents under Utah Admin. Code Rules R649-3-3 and R649-3-11(1) are required. With respect thereto, Bill Barrett Corporation and EP Energy E&P Company, L.P. (or their successor operators) will provide to the Utah Division of Oil, Gas and Mining, along with an application for permit to drill relating to such a well, a self-certification that no perforations above the top of the Lower Green River will be made without an exception location approval and consents as circumstances may require under said regulations; 4. Providing that any additional well so authorized may be located closer than 990 feet to an existing horizontal well only if it is not perforated in and does not produce from the same producing member of the horizontal well; 5. Providing that no other Lower Green River-Wasatch horizontal wells may be drilled on the Subject Lands without further Board authorization; and 6. Provide for such other and further relief as may be just and equitable under the circumstances. DOCKET NO. 2014-037 CAUSE NO. ACT/007/020 (04) – In re Hidden Splendor Mine, Inc. and Request by the Utah Division of Oil, Gas and Mining that the Board of Oil, Gas and Mining Forfeit the reclamation surety which consists of a Deed of Trust in Unit No. R-2404-N of the American Towers Condominiums located at 57 West 200 South, Salt Lake City, Salt Lake County, Utah; and has been provided to guaranty reclamation of the Horizon Mine, Permit ACT/007/020 located in Sections 13 and 17, Township 13 South, Range 8 East, SLM, Carbon County, Utah. THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Notice of Agency Action that the Board enter an Order: 1. Terminating the permit for the Horizon Mine ACT/007/020; 2. Forfeiting to the Division all interest in the Deed of Trust held as surety for the performance of the obligations under the Reclamation Agreement dated June 11, 2003 and the obligation under the Act to reclaim the lands disturbed by mining operations; 3. Authorizing the Division and Utah Attorney General Office to take any and all actions necessary to foreclose the Deed of Trust and exercise of the power of sale and other actions necessary to liquidate the real property held as surety and used such proceeds from the sale of the real property to pay the costs of reclamation of said lands; 4. Authorizing the Division to use the proceeds obtains from the foreclosure of the Deed of Trust for the reclamation of the land disturbed by Horizon Mine in accordance with the mine reclamation plan and the Act; 5. Authorizing the Utah Attorney General to take action as appropriate to recover any cost of reclamation not covered by the proceeds of the foreclosure; and 6. Provide for such other and further relief as may be just and equitable under the circumstances. DOCKET NO. 2014-038 CAUSE NO. 270-06 – In the Matter of the Request for Agency Action of ULTRA RESOURCES, INC. for an Order extending the Board’s Order entered in Cause 270-02 to establish 40-acre (or substantial equivalent) drilling units for the production of oil, gas and associated hydrocarbons from the Eocene Middle and Lower Green River Formations underlying the NW¼SE¼ and SW¼SE¼ of Section 27, Township 7 South, Range 20 East, SLM, Uintah County, Utah, and authorizing up to two (2) wells on each such drilling

unit so established. THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Request for Agency Action that the Board enter an Order: 1. Extending the Board’s Order entered on November 9, 2013, in Cause No. 270 02 (the “270-02 Order”) establishing 40-acre drilling units for the production of oil, gas and associated hydrocarbons from the Eocene Middle and Lower Green River formations, defined in the 270-02 Order as follows:

the stratigraphic equivalent of the interval between the TGR3 marker, as found at 5,019 feet (measured depth), and the base of the Uteland Butte member, as found at 6,746 feet (measured depth), in the Axia Energy Three Rivers 2-13-820 Well located in the SW¼NW¼ of Section 2, T8S, R20E, SLM,

(the “Subject Formations”), comprised of the following Uintah County, Utah lands: Township 7 South, Range 20 East, SLM

Section 27: NW¼SE¼ Section 27: SW¼SE¼

respectively (the “Subject Lands”); 2. Authorizing up to two (2) producing wells per drilling unit so established; provided no well may be located closer than 460 feet to a shared drilling unit/lease boundary line and no closer than 100 feet if the adjacent lands are within the same lease and have the same production interest owners, without an exception location approval in accordance with Utah Admin. Code Rule R649-3-3 (or subsequently enacted equivalent regulation); 3. Declaring the existing wells producing from the Subject Formations upon the Subject Lands to be at legal locations notwithstanding the relief requested; 4. Expressly ordering that Utah Admin. Code Rule R649-3-11(1.1) is inapplicable to any directionally drilled well on the drilling units so established as long as the productive intervals are within the setbacks so established and with the caveat that, if an uphole completion closer than the setback is subsequently proposed, an exception location approval in accordance with Utah Admin. Code Rule R649-3-3 (or subsequently enacted equivalent regulation) will be required; and 5. Provide for such other and further relief as may be just and equitable under the circumstances. DOCKET NO. 2014-039 CAUSE NOS. S/023/0087, S/039/0024, S/039/0027, S/039/0030 – In the Matter of the Notice of Agency Action to affecting the mining operations of M. TODD WILHITE, WALL & ROCK, INC., and/or WILHITE & ASSOCIATES, INC., by (1) withdrawing a Notice of Intention, (2) forfeiting a Certificate of Deposit No. 7089407881 in the amount of $7000 plus accrued interest held by ZIONS BANK, (3) ordering reclamation of mines, and (4) requesting the Division of Oil, Gas and Mining and the Attorney General to take all other actions necessary to recover costs, fees, and fines for the operations occurring at (a) Gulch Mine (S023/0087) in Juab County; (b) Freedom from War Mine (S/039/0024) in Sanpete County; (c) Mount Pleasant Mine (S/039/0027) in Sanpete County; and (d) Mount Pleasant North Mine (S/039/0030) in Sanpete County. THE PURPOSE OF THE PROCEEDING will be for the Board to receive testimony and evidence regarding a Notice of Agency Action that the Board enter an Order: A. Gulch Mine (S/023/0087) 1. Order Mr. Wilhite, Wilhite & Associates, and Wall & Rock to update the NOI with current information and to have the actual operating entity enter a new reclamation contract;

2. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions―including filing a civil action―to collect all outstanding annual permit fees and all penalties assessed against Wall & Rock, Inc., Wilhite & Associates, Inc., and/or Mr. Wilhite; and 3. Grant any other just and equitable relief in these circumstances. B. Freedom From War Mine (S/039/0024) 1. Withdraw approval of the Notice of Intention under subsection 40-8-16(2) of the Utah Code; 2. Forfeit, under subsection 40-8-14(6) of the Utah Code, Certificate of Deposit number 7089407881 held by Zions Bank, which is for the benefit of the Division, and order Zions Bank to deliver the principle of $7000 together with any accrued interest to the Division to pay for the costs associated with reclaiming the Freedom from War Mine site; 3. Authorize the Division to reclaim the lands affected by the Freedom from War Mine site under Utah Administrative Code Rule R647-3-112(1); 4. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions―including filing a civil action―to collect all outstanding annual fees, those reclamation costs greater than CD no. 0329574941 might cover, and all penalties assessed against Wall & Rock, Inc. and/or M. Todd Wilhite; and 5. Grant any other just and equitable relief in these circumstances. C. Mount Pleasant - Wilhite Mine (S/039/0027) 1. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions―including filing a civil action―to collect all outstanding annual permit fees and all penalties assessed against Wall & Rock and/or Mr. Wilhite; 2. Order, under Utah Code subsection 40-8-6(4), Mr. Wilhite and Wall & Rock, jointly and severally, to reclaim the mine site to the Division’s specifications, and if the order is not complied with by April 1, 2015, order the Division and the Attorney General to take all necessary actions―including filing a civil action―against Mr. Wilhite and Wall & Rock to collect the estimated costs of reclaiming the mine site; and 3. Grant any other just and equitable relief in these circumstances. D. Mount Pleasant North Mine (S/039/0030) 1. Request that the Division and the Attorney General, under subsections 40-8-9.1(4), (6) of the Utah Code, take all necessary actions―including filing a civil action―to collect all outstanding annual permit fees and all penalties assessed against Wall & Rock and/or Mr. Wilhite; 2. Order, under Utah Code subsection 40-8-6(4), Mr. Wilhite and Wall & Rock, joint and severally, to reclaim the mine site to the Division’s specifications, and if the order is not complied with by April 1, 2015, order the Division and the Attorney General to take all necessary actions―including filing a civil action―against Mr. Wilhite and Wall & Rock to collect the estimated costs of reclaiming the mine site; and 3. Grant any other just and equitable relief in these circumstances. Objections to the Requests for Agency Action and the Notices of Agency Action must be filed with the Secretary of the Board at the address listed below no later than the 10th day of the month, or two weeks before the scheduled hearing, whichever is earlier. 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 Requests for Agency Action, the Notices of Agency Action, 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 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 29th day of September, 2014. 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

FILEDDEC 0 5 20ltr

SECNETARY, BOAÐ OFOIL, GAS E ffiNING

BEFORE THE BOARD OF'OIL, GAS AND MININGDEPARTMENT OF NATURAL RESOURCES

STATE OF UTAH

In the Matter of the Notice of Agency Actionto affecting the mining operations of M.TODD WILHITE, \ilALL & ROCK,INC.,andlor WILHITE & ASSOCIATES, INC.,bV (1) withdrawing aNotice of Intention, (2)forfeiting a Certificate of Deposit No.7089407881 in the amount of $7000 plusaccrued interest held by ZIONS BANK, (3)ordering reclamation of mines, and (a)requesting the Division of Oil, Gas andMining and the Attorney General to take allother actions necessary to recover costs, fees,and fines for the operations occurring at (a)Gulch Mine (5023/0087) in Juab County; (b)Freedom from War Mine (5/03910024) inSanpete County; (c) Mount Pleasant Mine(5103910027) in Sanpete County; and (d)Mount Pleasant North Mine (5/039/0030) inSanpete County.

ORDER GRANTING

MOTION TO CONTINUE

Docket No. 2014-039

Cause Nos. 50230087,

s0390024, s0390027, s0390030

The Board of Oil, Gas and Mining, has considered the Division's Motion to Continue and

finds good cause. Therefore, the Board grants the motion continuing the hearing on the matter

until the regularly scheduled Board meeting on January 28,2014. For all purposes, the

Chairperson's signature on a faxed copy of this Order shall be deemed the equivalent of a signed

original.

ENTERED this 5th day of December, 2014.

BOARD OIL, GAS AND MINING

J Gill,


I certify that I caused a true and correct copy of the above ORDER GRANTINGMOTION TO CONTINUE to be delivered to the following, this 6th day ofDecember,2014:

by email delivery:

Michael S. JohnsonAssistant Attorney [email protected] Board of Oil, Gas and Mining

Shane T. PetersonYoung, Kester, Black & Jubeshane @utahlawpartners. comAttorney for M. Todd't4tilhite

V/ilhite & Associates, Inc.,utahviper@hotmail. comtodd@ computersales. com

M. Todd Wilhiteutahviper@hotmail. comtodd@ computersales. com

Steven and Gayle Seelyseelv. gayle@ gmail.com

by postal delivery:

Brothersen Family TrustBoyd and Avrin Brothersen480 East 400 SouthMount Pleasant, Utah 84647

Wall & Rock,Inc.Richard Jaynes, Registered Agent422East 710 North,Lindon, UT 84042

Mott Larson866 East 100 SouthMount Pleasant, UT 84647-1617

David JimenezEmily LeeZions Bank180 NorthUniversity Ave., Ste. 100Provo, UT 84601

Zions BancorporationAttn: Thomas E. Laursen, Exec. VPGeneral Counsel and Secretary2180 South 1300 East, Ste. 650Salt Lake City, UT 84106-4433

Zions BancorporationRA: Corporation Service Company10 East South Temple, Ste. 850Salt Lake City, UT 84133-IIl4

Zions BancorporationRA: Corporation Service CompanyOne East Main StreetSalt Lake City, UT 84133

\'l,'t &n* C*(>

2

U

Steven F. Alder (0033)

Douglas J. Crapo (14620)

John Robinson Jr. (15247)

Assistant Attorneys General

SEAN D. REYES (7969)

UTAH ATTORNEY GENERAL1594 rWest North Temple, Suite No. 300

Salt Lake City, Utah 84116

Telephone: (801) 538-7 227

Attorneys þr the Division of Oil, Gas and Mining

FILET}JAN 2 I 2015

SrcRETARY, BOARD OFOIL, GAS E MNING

BEFORE THE BOARD OF OIL, GAS AND MINING

DEPARTMENT OF' NATURAL RESOURCES

STATE OF UTAH

In the Matter of the Notice of AgencyAction to affecting the mining operationsof M. TODD WILHITE, WALL &ROCK, INC., andlor \ilILHITE &ASSOCIATES, INC., by (1)withdrawing aNotice of Intention, (2)forfeiting a Certificate of Deposit No.7089407881 in the amount of $7000 plusaccrued interest held by ZIONS BANK,(3) ordering reclamation of mines, and (4)requesting the Division of Oil, Gas andMining and the Attorney General to takeall other actions necessary to recovercosts, fees, and fines for the operationsoccurring at (a) Gulch Mine (5023/0087)in Juab County; (b) Freedom from W'arMine (5/03910024) in Sanpete County; (c)Mount Pleasant Mine (5/03910027) inSanpete County; and (d) Mount PleasantNorth Mine (5/039/0030) in Sanpete

County.

MOTION TO CONTINUE

Docket No. 2014-39


s0390024, s0390027, s0390030

The Division of Oil, Gas and Mining (Division) respectfully submits this Motion

to Continue the hearing on this matter from January 28,2015 until the regularly

scheduled hearing of the Board of Oil, Gas and Mining (Board) on May 27,2015.

The Division discussed this matter with counsel for M. Todd Wilhite. Mr. V/ilhite

does not object to this motion and supports the continuance. During the continuance, the

Division and Mr. Wilhite will continue to work towards a negotiated settlement that will

resolve this matter without the need of a hearing. The Division believes that no other

parties will be injured by this continuance, and therefore good cause exists.

A proposed order granting the continuance is provided for the Board's

convenlence.

RESPECTFULLY SUBMITTED this 2lstday of January, 2015.

S

J

J Robinson Jr 524


Utah Attorney General's Office

1594 West North Temple, Suite 300


(80t) s38-7227

Attorneys for the Division of Oil, Gas and Mining

F

Division Address

Division of Oil, Gas and Mining1594 West North Temple, Suite 3710

P.O. Box 145610

Salt Lake City, Utah 84114-5610

(801) s38-7200

2

(l


I certify that I caused a true and correct copy of the above MOTION TO

CONTINUE to be delivered to the following, this 2lth day of January, 2015:

by email delivery:


Shane T. PetersonYoung, Kester, Black & Jubeshane@utahlawp arhrers. comAttorneyfor M. Todd Wilhite

Brothersen Family TrustBoyd and Awin [email protected]

bypostal delivery:


David JimenezZions Bank180 North University Ave., Ste. 100Provo, UT 84601

ÓU

J


DEPARTMENT OF' NATURAL RESOURCES

STATE OF UTAH

In the Matter of the Notice of Agency Actionto affecting the mining operations of M.TODD \ilILHITE, WALL & ROCK,INC.,and/or WILHITE & ASSOCIATES, INC.,bV (1) withdrawing a Notice of Intention, (2)forfeiting a Certificate of Deposit No.7089407881 in the amount of $7000 plusaccrued interest held by ZIONS BANK, (3)ordering reclamation of mines, and (4)requesting the Division of Oil, Gas andMining and the Attorney General to take allother actions necessary to recover costs, fees,

and fines for the operations occuning at (a)Gulch Mine (502310087) in Juab County; (b)Freedom from Vy'ar Mine (5/03910024) inSanpete County; (c) Mount Pleasant Mine(5103910027) in Sanpete County; and (d)Mount Pleasant North Mine (5/039/0030) inSanpete County.

IPROPOSEDI ORDER GRANTING

MOTION TO CONTINUE

Docket No. 2014-39


s0390024, s0390021, s0390030.

2015.

BOARD OF OIL, GAS AND MINING

The Board of Oil, Gas and Mining has considered the Division's Motion to Continue and

finds good cause. Therefore, the Board grants the motion and continues the matter until the

regularly scheduled Board hearing on May 27,2015.

ENTERED this _ day of

Ruland J Gill, Jr., Chairman

FILEDJAN 2 7 2015

SEcRETARY BoAm OFOIL, GAS & MINING


DEPARTMENT OF NATURAL RESOURCES

STATE OF UTAH

In the Matter of the Notice of Agency Actionto affecting the mining operations of M.TODD WILHITE, WALL & ROCK,INC.,andlor WILHITE & ASSOCIATES,INC.,by (1) withdrawing aNotice of Intention, (2)forfeiting a Certificate of Deposit No.7089407881 in the amount of $7000 plusaccrued interest held by ZIONS BANK, (3)ordering reclamation of mines, and (4)requesting the Division of Oil, Gas andMining and the Attomey General to take allother actions necessary to recover costs, fees,

and fines for the operations occurring at (a)Gulch Mine (502310087) in Juab County; (b)Freedom from War Mine (5/03910024) inSanpete County; (c) Mount Pleasant Mine(5103910027) in Sanpete County; and (d)Mount Pleasant North Mine (5/039/0030) inSanpete County.

ORDER GRANTING

MOTION TO CONTINUE

Docket No. 2014-39


s03 90024, s0390027, s03 9003 0

The Board of Oil, Gas and Mining has considered the Division's Motion to Continue and

finds good cause. Therefore, the Board grants the motion and continues the matter until the

regularly scheduled Board hearing on May 27,2015.

ENTERED this 27 th day of Janu ary, 201 5

BOARD OIL, GAS AND MINING

J GiII, J


I hereby certify that on this 27th day of January,2015,I caused a true and correct copy of

the foregoing ORDER GRANTING MOTION TO CONTINUE for Docket No. 2014-039,

Cause Nos. 5/023 10087,5103910024,5103910027, and 5/039/0030, to be mailed by Email or via

First Class Mail with postage prepaid, to the following:

Michael S. JohnsonAssistant Attomey GeneralUtah Board of Oil, Gas and Mining1594 \Mest North Temple, Suite 300Salt Lake City, Utah [email protected]

Steven F. Alder (0033)Douglas J. Crapo (14620)Assistant Attorneys GeneralUtah Division of Oil, Gas and Mining1594 West North Temple, Suite 300Salt Lake City, Utah 84116

Wilhite & Associates, Inc.,Michael Todd Wilhite465 North University AvenueProvo, UT 84601

IUndeliverable]utahviper@hotmail. [email protected]

V/all& Rock, Inc.3651 North 100 East, Suite 300Provo, UT [email protected]


M. Todd WilhiteP.O. Box 826,Pleasant Grove, UT 84062utahviper@hotmail. [email protected]. com

V/all & Rock,Inc.Richard Jaynes, Registered Agent422East 710 North,Lindon, UT 84042

Emily LeeZions Bank7290 South Durango DriveLas Vegas, NV 89113

[Undeliverable]

M. Todd Wilhite3651North 100 East Suite 300Provo, UT 84604

[Attorney address added llll9ll4l

Mont Larson866 East 100 SouthMount Pleasant, UT 84647-1617

2

Steven and Gayle Seely10415 East20250 NorthMount Pleasant, UT 84647seely. gayle@ email.com

Shane T. PetersonYoung, Kester, Black & Jubeshane@utahlawpartners. comAttorneyþr M. Todd I4¡ilhite

Zions BancorporationAttn: Thomas E. Laursen, Exec. VPGeneral Counsel and Secretary2180 South 1300 East, Ste. 650Salt Lake City, UT 84106-4433

[Undeliverable]

Zions BancorporationThomas E LaursenC/O Callister, Nebeker & McCullough10 East South Temple, Ste 900Salt Lake City, UT 84133-1115

[Address added ll8l20l5l

Zions BankDavid Jimenezl l l North 200 V/estProvo, UT 84601

IUndeliverablel

David JimenezEmily LeeZions Bank180 North University Ave., Suite 100Provo, UT 84601

[Address added llll9ll4lZions BancorporationRA: Corporation Service Companyl0 East South Temple, Suite 850Salt Lake City, UT 84133-lll4[Address added llll9ll4l


[Address added llll9ll4l

J

Steven F. Alder (0033)

Douglas J. Crapo (14620)

John Robinson Jr. (15247)


SEAN D. REYES (7969)

UTAH ATTORNEY GENERAL1594 West North Temple, Suite No. 300


Telephone : (801) 538 -7227

Attorneysfor the Division of Oil, Gas and Mining

FILED



STATE OF UTAH

ln the Matter of the Notice of Agency Actionto affecting the mining operations ofM. TODD WILHITE, WALL & ROCK,INC., and/or WILHITE & ASSOCIATES,INC., bV (1) withdrawing a Notice ofIntention, (2) forfeiting a Certificate of Deposit

No. 7089407881 in the amount of $7000 plus

accrued interest held by ZIONS BANK, (3)

ordering reclamation of mines, and (4)

requesting the Division of Oil, Gas and Miningand the Attorney General to take all other

actions necessary to recover costs, fees, and

frnes for the operations occurring at (a) Gulch

Mine (5023/0087) in Juab County; (b)

Freedom from V/ar Mine (5/03910024) inSanpete County; (c) Mount Pleasant Mine(5103910027) in Sanpete County; and (d)

Mount Pleasant North Mine (5/039/0030) inSanpete County.

JOINT MOTION TO CONTINUE

Docket No. 2014-39


s0390024, s0390027, s0390030.

The Division of Oil, Gas and Mining (Division) and M. Todd V/ilhite, Wall & Rock, Inc,

andlor Wilhite & Associates, Inc. (collectively, Wilhite), respectfully submits this Motion to

Continue the hearing on this matter from May 27 ,2015 until the regularly scheduled hearing of

the Board of Oil, Gas and Mining on June 24,2015. The Division and Wilhite are in the final

stages of negotiating a stipulation and need more time to conclude our efforts. The brief

continuance will not prejudice any interested party. Therefore, good cause exists for

continuance. A proposed order is attached for convenience.

RESPECTFULLY ,20r

3)J. Crapo 0)

John Robinson Jr. (15241)Assistant AttorneysATTORNEY GENERAL' OFFICE1594 WestNorth Temple, Suite 300Salt Lake City, Utah 84116(80r) s38-7227

Attorneys for the Division of Oil, Gas and Mining

/s/ Shane Peterson (sisned with oermission)Shane T. Peterson (14751)YOUNG, KESTER, BLACK & JUBE75 South 300 WestProvo, Utah 84601(801) 37e-0700

Attorneyþr M. Todd Wilhite, l4tail & Rock, Inc, andWilhite & Associates, Inc.

2



STATE OF UTAH

In the Matter of the Notice of Agency Actionto affecting the mining operations ofM. TODD \ilILHITE, WALL & ROCK,INC., and/or WILHITE & ASSOCIATES,INC., by (1) withdrawing a Notice ofIntention, (2) forfeiting a Certificate ofDeposit No. 7089407881 in the amount of$7000 plus accrued interest held by ZIONSBANK, (3) ordering reclamation of mines,and (4) requesting the Division of Oil, Gas

and Mining and the Attorney General to takeall other actions necessary to recover costs,fees, and hnes for the operations occurring at(a) Gulch Mine (5023/0087) in Juab County;(b) Freedom from War Mine (5/03910024) inSanpete County; (c) Mount Pleasant Mine(5103910027) in Sanpete County; and (d)Mount Pleasant North Mine (5/039/0030) inSanpete County.

IPROPOSEDI ORDER GRANTTNG

MOTION TO CONTINUE

Docket No. 2014-39


s0390024, s0390027, s0390030

The Board of Oil, Gas and Mining, has considered the Joint Motion to Continue and hnds

good cause. Therefore, the Board grants the motion continuing the hearing on the matter until

the regularly scheduled Board meeting on June 24,2015. For all purposes, the Chairperson's

signature on a faxed copy of this Order shall be deemed the equivalent of a signed original.

ENTERED this _ day of May,2015.

BOARD OF OIL, GAS AND MINING

Ruland J Gill, Jr., Chairman

J


I certify that I caused a true and correct copy of the above Joint Motion to Continue to be

delivered to the following, this2Tthday of May,2015:

by email delivery:


Shane T. PetersonYoung, Kester, Black & Jubeshane @utahlawpartners. comAttorneyfor M. Todd L'ttilhite

Wilhite & Associates, Inc.,utahviper@hotmaiLcomtodd@computersales. com

Wall & Rock, Inc.utahviper@hotmail. [email protected]

M. Todd V/ilhiteutahv ip er @hotmai 1. c o mtodd@computersales. com

Steven and Gayle Seelyseely. gayle@ gmail. com

by postal delivery:



David JimenezEmily LeeZions Bank180 North University Ave., Ste. 100

Provo, UT 84601


Zions BancorporationRA: Corporation Service Company10 East South Temple, Ste. 850Salt Lake City, UT 84133-lll4

é,(A3 \.

\\

4

FILEDMAY 2 7 ?015

m^moF



STATE OF UTAH

In the Matter of the Notice of Agency Actionto affecting the mining operations ofM. TODD \ilILHITE, \ryALL & ROCK,INC., and/or \ilILHITE & ASSOCIATES,INC., bV (l) withdrawing a Notice ofIntention, (2) forfeiting a Certificate ofDeposit No. 7089407881 in the amount of$7000 plus accrued interest held by ZIONSBANK, (3) ordering reclamation of mines,and (4) requesting the Division of Oil, Gas

and Mining and the Attorney General to takeall other actions necessary to recover costs,fees, and fines for the operations occurring at(a) Gulch Mine (5023/0087) in Juab County;(b) Freedom from V/ar Mine (5/03910024) inSanpete County; (c) Mount Pleasant Mine(5103910027) in Sanpete County; and (d)Mount Pleasant North Mine (5/039/0030) inSanpete County.

ORDER GRANTING

MOTION TO CONTINUE

Docket No. 2014-39


s0390024, s0390027, s0390030.

The Board of Oil, Gas and Mining, has considered the Joint Motion to Continue and finds

good cause. Therefore, the Board grants the motion continuing the hearing on the matter until

the regularly scheduled Board meeting on June 24,2015. For all pu{poses, the Chairperson's

signature on a faxed copy of this Order shall be deemed the equivalent of a signed original.

ENTERED this of May, 2015.

BOARI)

J Gill, Jr.,

, GAS AND MINING


I hereby certify that on this2Tth day of May,2015,I caused a true and correct copy of

the foregoing ORDER GRANTING MOTION TO CONTINUE for Docket No. 2014-039,

Cause Nos. 5/023 10087,5103910024,5103910027, and 5/039/0030, to be mailed by Email or via

First Class Mail with postage prepaid, to the following:

by email delivery:


Shane T. PetersonYoung, Kester, Black & Jubeshane@utahlawpartners. comAttorneyfor M. Todd Wilhite

Wilhite & Associates, Inc.,utahv ip er @hotmai l. c omtodd@computersales. com

V/all & Rock,Inc.utahviper@hotmail. comtodd@computersales. com

M. Todd V/ilhiteutahviper@hotmail. comtodd@computersales. com

Steven and Gayle Seelyseely. [email protected]

by postal delivery:



David JimenezEmily LeeZions Bank180 North University Ave., Ste. 100Provo, UT 84601


Zions BancorporationRA: Corporation Service Company10 East South Temple, Ste. 850Salt Lake City, UT 84133-lll4

2

Documents

Utah...B. Freedom From War Mine (S/039/0024) 1. Withdraw approval of the Notice of Intention under subsection 40-8-16(2) of the Utah Code; 2. Forfeit, under subsection 40-8-14(6) of