← Back to Daily Permits
🛢️ MARY 25-36-1-12 1H
Phoenix Operating LLC · McKenzie County, ND · File #42616 · Generated 2026-02-13 12:33
- API
- 3305310754
- Target Formation
- Middle Bakken
- Permit Explained
- Yes
📋 Permit Cycle Assessment
The permit approval dated 02/01/2026 for Well File 42616 (MARY 25-36-1-12 1H) is supported by contemporaneous documentation. Two waivers approved on 01/09/2026 (drill cuttings samples and open hole logs) directly condition the testing scope and are referenced in the permit stipulations. A binding State Geologist requirement letter dated 01/12/2026 establishes baseline sampling obligations that supersede waiver relief. Anti-collision assessment and mitigation strategy (letter dated 01/05/2026) justify the non-routine lateral geometry and setback stipulation tied to Commission Order No. 34508. The setback geometry (150'/500' buffer with wet-shoe lateral design) is explicitly conditioned in the permit. All signals demonstrate that the permit was issued on the basis of well-specific geometry, offset well proximity, and operator-committed operational controls to manage collision risk and testing protocol modifications.
🔍 Permit Cycle Signals (5)
📄 Sundry Form File 42616, Form ID 292060, Page 1-2
📅 01/09/2026 (Exact confidence)
Non-routine modification of sampling protocol tied directly to well geometry. Approved same day as open hole log waiver, indicating permit-cycle coordination on testing requirements.
📄 Sundry Form File 42616, Form ID 292044, Page 1-2; Reviewer note references NDIC #33652
📅 01/09/2026 (Exact confidence)
Regulatory waiver of standard logging requirement, condition-specific to offset well data sufficiency. Direct justification for reduced logging scope tied to field geology.
📄 Letter from North Dakota Geological Survey, dated 1/12/2026, signed by Ross Edison (Geologist); references NDCC 38-08-04 and NDAC 43-02-03-38.1
📅 01/12/2026 (Exact confidence)
Binding state requirement conditioning permit execution. Establishes baseline sampling obligation that supersedes the waiver previously approved. Civil penalty language ($12,500/day for violation) indicates enforcement priority.
📄 Application for Permit for New Well — Horizontal, Page 1, STIPULATIONS section
📅 02/01/2026 (Exact confidence)
Non-routine setback geometry tied to well design (wet shoe with fracout capability). Directly conditions lateral placement and confirms anti-collision design requirement.
📄 Letter to Todd Holweger dated 1/5/2026, Subject: Mary Pad Anti-Collision, signed Tyree Abshire
📅 01/05/2026 (Exact confidence)
Operator-committed operational measure tied to offset well risk. Not a regulator-issued condition but clearly justifies permit approval in context of well geometry complexity and pre-existing wells within 1-mile buffer.
📖 Historical Context (5)
Backbuild order waiver request (letter dated 12/31/2025) — operator notifies NDIC that proposed wells enter Bakken outside target spacing unit per NDIC Order 31848; north unit currently unspaced; Phoenix filed Case #32125 (pending, heard September 2025) to establish 3-mile spacing unit; no other operators in proposed unit
📄 Letter from Tori Siemieniewski, Phoenix Operating LLC, dated 12/31/2025, addressed to Todd Holweger, NDIC · 📅 Unknown
Unresolved spacing arrangement creates ongoing regulatory exposure and potential unitization obligation. Pending Case #32125 outcome will affect future development and royalty burden on the pad. Operator's unilateral spacing application signals forward liability if adjacent lessee contests or seeks participation.
Surface geomorphology review (email chain 1/2/2026 – 1/5/2026) — NDIC Permit Manager Holweger requested Surface Geology Section review of proposed pad due to proximity of landslide feature on eastern pad edge; Fred J. Anderson (Geologist) cleared location after review of plat and Google Earth aerial imagery
📄 Email from Holweger to Anderson dated 1/2/2026 9:50 AM (Subject: Phoenix Mary APDs McKenzie County-landslide review); Anderson's response dated 1/5/2026 1:08 PM · 📅 Unknown
Landslide proximity flagged by regulator; clearance was conditional on visual inspection only (no subsurface investigation documented). Operator commitment letter dated 1/5/2026 (from Tori Siemieniewski) commits to soil compaction testing to 'eliminate any potential landslide concerns,' but compliance post-drilling will be critical. Ongoing erosion control and slope stability monitoring required under pad construction BMP plan.
Stormwater Pollution Prevention Program (SWPPP) Guidance Document (Rev. 0, dated 6/6/2025) — comprehensive operational control plan for all Phoenix sites in ND and MT, covering construction-phase erosion/sediment controls, dewatering procedures, spill response, and inspection protocols; implemented voluntarily despite NDDEQ exemption for oil & gas construction
📄 SWPPP Guidance Document, Phoenix Energy, Revision 0, dated 6/6/2025; Appendix 5 references NDDEQ exemption letter dated 3/19/2015 · 📅 Unknown
Operator has adopted programmatic environmental controls exceeding regulatory minimum. Inspections every 14 days during active construction; 70% vegetation threshold for final stabilization; formal erosion/sediment control plan. Failure to implement or maintain SWPPP measures could constitute grounds for enforcement or permit modification, even if technically exempt from permit requirement.
Emergency Response Plan (ERP) and operational monitoring commitments (letter dated 1/5/2026 from Tori Siemieniewski) — operator commits to 24-hour SCADA remote monitoring, high-level alarms on tanks (75% and 90% setpoints), pressure transmitters with shutdown functions, pollution pots on stuffing boxes, and Sakakawea Area Spill Response (SASR) membership for open-water incident response coordination
📄 Letter from Tori Siemieniewski, Phoenix Operating LLC, dated 1/5/2026, Subject: Mary Pad Stormwater and Best Management Practices; signed Emergency Response Plan document (title page only, specific SOP not fully captured in file) · 📅 Unknown
Operator-committed 24/7 electronic monitoring and automatic shutoff systems create operational liability if systems fail or are not maintained. SASR membership and spill response plan indicate high environmental sensitivity. Any breach of committed controls (e.g., SCADA system down, alarm malfunction, tank overfill) could trigger regulatory enforcement or third-party liability claims. Long-term production phase operational compliance tied to these commitments.
Filter socks and waste container requirement (form letter dated 5/30/2025 from NDIC Assistant Director Mark F. Bohrer) — effective 6/1/2014, leak-proof, covered container required on all ND wells during drilling, clean-out, completion, and flowback when filtration operations occur; operator must maintain or submit waiver
📄 Form letter, NDIC Oil and Gas Division, dated 5/30/2025 (generic requirement circulated to operators) · 📅 Unknown
Standing requirement for all drilling operations on the pad. Operator has not submitted waiver, so container placement and certification required prior to spud. Ongoing compliance obligation during drilling and completions phases; inspector notation on rig inspections required.
🔧 Operator Pattern
Phoenix Operating LLC demonstrates proactive regulatory engagement and voluntary adoption of controls exceeding minimum statutory requirements. Operator has filed comprehensive applications (anti-collision assessments, backbuild notification, landslide mitigation commitments), coordinated geotechnical review, and adopted a company-wide SWPPP program despite federal exemption. However, operator is managing spatial and regulatory complexity (unspaced unit to north; pending spacing case; offset well proximity) that creates forward-looking risk and may constrain future drilling plans.
Backbuild order notification (12/31/2025) demonstrates compliance with NDIC Order 31848 notification requirement; Case #32125 filing for 3-mile unit spacing shows proactive unitization strategy. Anti-collision letter (1/5/2026) includes specific offset well list and survey frequency commitment. Landslide mitigation letter (1/5/2026) commits to soil compaction testing and SWPPP implementation. Voluntary adoption of SWPPP (exceeds statutory exemption), ERP with SCADA monitoring, and SASR spill response coordination suggests risk-averse operational posture. Cores and Samples letter compliance (1/12/2026) immediate and uncontested. Two waivers (samples, logs) requested and approved within same permit cycle, indicating operator familiarity with regulatory process but also indicating testing scope complexity.
Confidence: High
File contains explicit permit approval date (02/01/2026), clear contemporaneous documentation of waivers and technical requirements (01/09/2026 and 01/12/2026), regulator-issued setback stipulation tied to well geometry, and operator-submitted anti-collision and mitigation letters with specific dates and technical detail. State Geologist binding requirement (01/12/2026) is unambiguous. No material gaps in permit-cycle chain of causation. Landslide review and clearance documented via email with specific dates. All major waiver requests, technical studies, and operational commitments dated within 30 days of permit issuance, indicating contemporaneous review and approval process. Historical context signals are well-dated and forward-looking (unresolved spacing case, ongoing monitoring obligations) rather than speculative.