Can Chpk (or any O&G Driller) prepare a Well Pad without first pulling a Well Permit from ODNR (in Ohio). Is there anything about Ohio State Law that states: The Driller must first file for and receive their Well Permit BEFORE they can start working on the Well Pad ?

 

 Is there any clause in the O&G Lease that actually requires the Permit to be approved by ODNR before the Driller can begin pad construction?

 

 Could this "trick" be used to hold-by-production any acreage that has an old lease that just requires any type of construction to be performed by the Driller?

 

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Where in Mahoning County did they scrap a pad that was already built? The Geatches well is completed. The Jarvis pad was built. It had a leak in the liner, and had to be rebuilt. Where else in Mahoning County has a pad been built by Chesapeake?

Which specific pad in Mahoning county, Jarvis?
You're mostly right. "Commencement" has been generally accepted to mean that they are preparing to drill. If they have no permit issued than it can be reasonably inferred that they are not preparing to drill simply by building a pad. You cannot HBP someone's land by building a pad and making no effort to acquire a permit. The caveat, of course, is if they have applied for said permit but have yet to be issued it. An argument can be made in that case that drilling preparations have been commenced by virtue of pad building and permit seeking. Gotta love lawyers.

An oil and gas company can extend a lease for two years beyond its primary term for the price of a permit application and moving a little dirt. That is a lot less $ than paying the signing bonus again. Many boilerplate leases specify that this (and sometimes even less) is sufficient to be considered "commencement of operations" and that is good to hold the lease beyond the primary term for as long as the permit is good. Some leases even specify that this minimal activity is considered "production". This is why it is SO important to fully understand every word in the lease you sign.

Definately something people signing new leases should keep in mind but a lot of people are in old leases that they signed "in a different era" or previous generation or owner. Of course the company would hold by production with a pad and unfortuanately there really isnt anything you can do about it. I know several people getting checks in PA and really bottom line is you want the well and that lease or bonus money is secondary (though I wouldnt turn it down ;-)) All in all still a good thing.
I agree that I'd rather have the well drilled and the bonus money is just icing on the cake. I'm just trying to bring light to the fact that the answers to many of the questions posted here are contained in the lease involved. People NEED to know what their lease says and means, whether it be an old lease they are bound by or a new one they are considering signing.
When we signed ours I was happy to see it had an production amount to be HBP of 5 grand a year. Now at the time I thought that sounded good. Now I think all they would need to do is let it flow one day a year :0) to hold us. Live and learn.

Fang,

"... Go back and read your lease ..."

The completed pad is not on my property.

I already know that I do not have this issue with my lease.

In Pa. it is necessary for the landowner with the site to approve the site on the DEP report.   Don't know if the oil companies adhere to that...but it is a fifteen day approval time for the landowner to approve the drill site location.  For you lessors out there involved in units you should check with the owner of the land with the well pad to see if they had a signed release with DEP that was done.

Of course you need to contact the DEP in Ohio to see what the rules are there or pull up the DEP info online...that's where I found the rules concerning an installation of the well pad and drilling for wells.

If you look at Google Earth, they recently updated pictures and the new one dated 4/5/2012 shows this well pad in midst of being made.
Well it looks like some permits may becoming soon. In I think was Sundays Lisbon paper, listed new permits and have 9 sites that have Road Use Maintenence Agreement and note that this usually proceeds the permit. Looks like this well is one of them.

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