Terra had previously tried unsuccessfully in court to stop construction near its wells.

The wells were drilled by another company and came into production in 2011 under a surface use agreement with the then-owner. Terra then acquired the wells and Love’s purchased the property, and both became parties to the existing agreement.

According to a state appeals court ruling last year, this agreement gives Terra the exclusive right to land within 80 feet of the well’s production area, and certain construction activities. of Love’s have invaded this area. Terra sued and Love’s revised its development plan to keep the development above 80 feet, but Terra persisted in its legal claims, claiming that Love’s had breached its agreement by failing to make reasonable efforts to accommodate its well operations, according to the decision.

The lawsuit sought in part to obtain a preliminary injunction to prevent construction of the truck stop within the distance limits prescribed by state oil and gas rules. But Judge John Neiley of the 9th Judicial District Court denied the injunction request.

Terra then appealed, citing public safety risks related to the construction and travel stop’s proximity to the wells and the risk that the travel stop would put Terra in violation of the state’s oil and gas regulations. state and be forced to close the wells. . But the appeals court also rejected the request for an injunction, finding that “none of these injuries were real or proximate.” He said evidence presented by Terra at a hearing established that the risks to public safety were only speculative.

Terra’s vice president of operations said modeling showed that in the case of a gas leak from the well, there was a safety concern if there were vehicles or other ignition sources nearby. less than 136 feet from a well, but this was only a first analysis. , and he also suggested that there were ways to mitigate these risks.

Love finished building the truck stop and it opened last year. Among features, the more than 14,000-square-foot facility includes 50 truck parking spaces, 65 car parking spaces, seven diesel bays, five showers and McDonald’s and Chester’s Chicken restaurants, he said in a press release at the time. The site created 45 jobs.

Among the rules Terra was granted waivers for were requirements prohibiting smoking within 150 feet of wellheads and unnecessary vehicles within 100 feet.

Some of the actions he committed to include quarterly maintenance of wellhead valves to ensure proper sealing and operation, increasing the frequency of optical imaging leak surveys to once a month and implementing equipment-related measures to address potential leak points. Other measures include installing jersey barriers to protect wellheads from impacts from trucks or other vehicles, erecting a fence to limit exterior access to wellheads, and posting signs indicating that smoking or open fires are prohibited within 150 feet of wellheads.

In filings with state regulators, Love’s said it supported the waiver request and also said evidence presented in court showed that blocking construction activities within 150 feet of Terra’s wells would destroy Love’s ability to use his own property.

“Where appropriate, Love’s proactively takes steps to reduce (Terra’s) perceived risk.” Love’s prioritizes safety and takes steps to ensure its operations are safe,” she said in her filing.