DOJ Fracking Cease and Desist Letter.

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ROY COOPER

ATTORNEY GENERAL
State of North Carolina
Department of Justice
Delivery by Express Mail
Mr. Frank Sides
Regional Agent
Crimson Holdings Corporation
2006 E. Carson t r e ~ t
Pittsburgh, PA 15203
Ms. Anna Campbell
Partner
Campbell Development, LLC
2006 E. Carson Street
Pittsburgh, PA 15203
900 I Mail Service Center
Raleigh, NC 27699-900 I
July 28, 2014
Re: Unsolicited Oil and Gas Leases in North Carolina
Dear Mr. Sides and Ms. Campbell:
CONSUMER PROTECTION
Toll Free In NC
(877) 566-7226
Outside of NC
(919) 716-6000
Fax: (919) 716-6050
The North Carolina Attorney General's Office has received infonnation that Campbell
Development, LLC ("Campbell") is apparently soliciting oil and gas leases from North Carolina
landowners on behalf of a "Crimson Holdings Corporation" ("Crimson"). Attached is a copy of
a solicitation letter and an oil and gas lease which was received by a North Carolina landowner,
and which was recently forwarded to our office. We understand that a number of North Carolina
landowners have received similar solicitations from you on behalf of Crimson.
Based upon our research, it appears that the address provided in the leases for Crimson,
namely, 2006 E. Carson St., Pittsburgh, PA 15203, is_ actually the business address of Campbell
Development, LLC, and we have found no indication that there is a "Crimson Holdings
Corporation" at such address. Further, based upon our initial research, we have been unable to
locate any information on n "Crimson Holdings Corporation," including any website or contact
information for a company with that name. Neither Crimson nor Campbell are registered with
the North Carolina Secretary of State to do business in North Carolina. As our office is unable to
reasonably locate any information on Crimson Holdings Corporation, we have serious concerns
that North Carolina landowners will be unable to conduct any due diligence research or to obtain
information on the ostensible company to which they are being asked to lease their oil and gas
Mr. Frank Sides
Ms. Anna Campbell
July 28, 2014
Page 2
rights. Accordingly, as a threshold matter, we request that you identify the state of incorporation
of Crimson, its complete business address, its owner(s), and the nature of its business. We are in
communication with the North Carolina Department of Environment and Natural Resources
("NC DENR"), and have been informed by it that it is also investigating this matter.
This letter is to notify you that some of Campbell's solicitation practices and numerous
provisions of Crimson's leases are in direct violation of North Carolina law. Beginning in 2011,
the North Carolina General Assembly has enacted laws for the purpose of protecting North
Carolina landowners who enter into oil and gas leases, or who are solicited for such leases.
These laws include the Clean Energy and Economic Security Act ("the Act"), S.L. 2012-143,
which became effective on July 2, 2012. The provisions of the Act and other landowner
protections, including required terms for oil and gas leases, are codified in Chapter 113 of North
Carolina's General Statutes, and specifically in Article 27, Part 3, of that Chapter, at N.C. Gen.
Stat. 113-420, et seq. A copy of Part 3 is enclosed for your reference.
Among other things, North Carolina law provides:
(1) Registration of Landmen. Any landman offering oil and gas leases to North
Carolina landowners is required to register with the North Carolina Department of Environment
and Natural Resources, which maintains a registry oflandmen operating in the State. N.C.G.S.
113-425. The purpose of this registry is to provide North Carolina landowners with a means of
verifying the contact information and employers of landmen who offer leases in the State. This
registry is at http://portal.ncdenr.org/web/lr/registry-of-landmen. Based on our review, neither
Mr. Sides, nor anyone from Campbell, has registered as a landman in North Carolina.
(2) Landowner Education Information to Be Provided with Lease. At the time an oil
and gas lease is offered, the landman or other person offering the lease is required to provide the
landowner with (a) a copy of North Carolina law which sets out landowner protections, namely,
General Statute Chapter 113, Article 27, Part 3; and (b) a copy of a publication produced by the
Consumer Protection Division of the North Carolina Department of Justice titled "Oil and Gas
Leases: Landowners' Rights," which may be found at the Attorney General's website at
www.ncdoj.gov, and a copy of which is enclosed. N.C.G.S. l 13-423(a). There is no
indication that this required information was provided to North Carolina landowners at the time
the leases were offered by Mr. Sides or Campbell on behalf of Crimson.
(3) Lender Approval of Lease. The Act requires that all oil and gas leases contain a
conspicuous written disclosure that a landowner should obtain the approval of his or her
mortgage lender before signing the lease, to ensure that the lease does not violate the terms of the
Mr. Frank Sides
Ms. Anna Campbell
July 28, 2013
Page 3
landowner's mortgage loan. This disclosure, which is set out in N.C.G.S. 113-423(i), must be
initialed by the landowner. Crimson's leases do not contain this required disclosure.
(4) Maximum Lease Term of 10 Years. A lease of oil or gas rights in North Carolina
cannot exceed 10 years, unless at the end of the 10-year period, oil or gas is being produced for
commercial purposes. N.C.G.S. 113-423(b). The attached Crimson lease provides for a 12-
year primary term, which exceeds the term allowed by North Carolina law.
(5) Right of Rescission and Notice of the Right. North Carolina law provides that
after signing an oil or gas lease, either party to the lease may rescind or cancel the lease within 7
business days by notifying the other party in writing. If any payments have been made, those
amounts must be returned. All oil and gas leases offered to North Carolina landowners must
contain a "bold and conspicuous notice" of this right. N.C.G.S. 113-4230). The attached
Crimson lease does not contain any right of rescission, nor a conspicuous notice of the right.
The above list is not an exhaustive list of all aspects in which Crimson's leases fail to
comply with North Carolina law. Our office cannot provide you with legal advice, and we
strongly recommend that you carefully review North Carolina law, and consult with an attorney
to ensure Crimson's leases and Campbell's practices comply with the law.
Until you can demonstrate that Campbell's practices and Crimson's leases are in
compliance with North Carolina law, we demand that Campbell and Crimson immediately cease
and desist from offering or accepting any oil and gas leases in the State of North Carolina. To
the extent that Campbell and/er Crimson receive any signed leases from North Carolina
landowners accepting the leases' terms, we demand that you reject the leases and return them to
the consumers, explaining that the leases do not comply with North Carolina law.
In addition to providing identifying information for Crimson, we request that you provide
our office and the North Carolina Department of Environment and Natural Resources with the
following information: ( 1) a list of the names and addresses of all North Carolina landowners to
whom oil and gas leases have been offered by either Campbell or Crimson; and (2) identification
of any oil and gas leases that have been accepted by any North Carolina landowner, including a
copy of such lease, any amount(s) paid by Crimson, Campbell, or any other person or entity to
the landowner for the lease, and the date( s) of such payment.
Mr. Frank Sides
Ms. Anna Campbell
July 28, 2014
Page 4
We request that you respond to this letter within 10 days. In the meantime, if you should
have any questions, please feel free to contact me at (919) 716-603 9.
Sincerely,
m / ~ /JtlltfaU
M. Lynne Weaver
Special Deputy Attorney General
Enclosures
cc: Tracy Davis
Director of Energy, Mineral and Land Resources
NCDENR
1612 Mail Service Center
Raleigh, NC 27699-1612
Layla Cummings, Esq.
Policy Analyst
NCDENR

Crimson Holdings Corporation
Crimson Holdings Corporation is acquiring leases in Durham Collllty. You have received this letter
because we believe you are the mineral owner of a parcel of land that we are interested in de1vcloping:

36.816 l<:reJ, more or less

By executing a Lease with Crimson Holdings Corporation, you will be participating in giving Crimson
Holdings Corp. the opportunity to explore the natural resources in your area for a limited period of time. 'As
the mineral owner, you will be entitled to receive royalty income from the production of any landa leased.
A sum of SS.00 for each net mineral acre will be issued to all participants within 120 days of
aC(:eptance from Crimson Holdings Corporation of the Lease and pursuant to the conditions outlined in the
order of payment.
We will be accepting leases until November l, 2014, or until the fund3 established for the pursuit of
the developr.ient of this area have been depleted.
To participate, you must sign and return the following (included in this packet):
Lease: Must be notarized and signed by all parties.
Memorand11m of Lease: This is filed for public record in place of the Lease.
Affidavit of Non-Prod action: Your acknowledgement that there are no producing wells on or arowid your
property. Must be notarized and signed by all parties.
Order of Paymeat: Outlining terms and time frame for signing fee.
W-51: You shall be responsible for tax.es on signing fee and any future royalties. Crimson will need your SSN
or TAX JD to report this income.
lfyou are interested, please mail your signed and notarized documents back in the pre-paid envelope
provided.
If you have questions, call the agent listed below.
Frank Sides
Regional Agent
330.423.3300
......

Crim'On Holdinga Corporation
SUBl\ilTITNG YOUR LEASE PAPERWORK
IMPORT ANT: To ensure the mot correct Lea.e and lhc timely processing and payme:nt of that leaoc, malcc sure
to follow the guldeline1 below for executing and submitting all five fom11. If you have any questlons, call:
Frank SJde1, Regional Agent (BO) 423-3300.
I. A aigned and completed W-9.
> Malec sure to fUI out your malling address, SSN (or Tax ID If you are an entity 1uch as a Trust or
Company) and sign tbc W-9.
2. A signed Order for Payment.
> Slgn yom name() and mal<e sure your malling address and all olhcr Information i correct. Tirls
document b not filed In lhe courtbowe and doe1 not need to be notarized,
FOR ITEMS J and 4, Ijanyef rour p'rmnaljllfqrmqtion needs lo In. corrected (I.e. name was wrong,
marital status has chan9ed, need ti> add a middle initial, address 1t'1"Dn9, rte.), neat!r srrilte thru, with a
single line, the information that needs to be chan9rcl1 then (K'ith a blur inlt pen) neatly write in the correct
information (you can use an asreridt if thne is not enou9h room). ln order to be effective all Juch changu
to pusonal informar!on murt be by )'OU
3. A signed, notarized copy of the Memorandum.
}>- To ensure the accuncy of mfonnation please check both the Memorandum of Lea.e and tbc Leue for
correctness on the below paintl. The Memonndwn 11 rea>rded in the c:ourthowc for public record;
therefore we mwt make 1ure It 11 signed correctly and notarized.
Check your name. IMPORTANT, make sure your name is lbted u It appeared on the
deed in whkh you n:cded tha land. (What to do If your name hu changed since then b U.ted
below)
Check your marital status aa it ia listed. The marib.l correct. If the tnarib.l statuS has
been left blank, we need you to neatly write Jn yom ClllTcnt marib.l .tatus for llll. I! you att married,
your spause MUST also sign. If your spolllle b not listed, you need to add his/her name.
EXAMPLES:
4 For example, if you received the land u Mary Smith Jl.lld you are single, you will make JUre the
name ill correctly liated as Mary Smilh, single. If you received the land u Mary J. Smith and are
now married to John Johnson you will put Mary J. Johnson formerly known u Mary J. Smith arid
John Johnson, husband and wife.
4 If yoo received the land u John Davi:, and Mary Dam but uc now divorced you will put John
Da..U, divorced and not remarried.
4 Some other enmplcs are:
Brenda Johna, single
+ Mary Smith, a widow who hu not remarried
+ John Davis, a widower who has not rem.rried


+ Julie B. Dam, also mown as Julie Beth Harol<b
+ Jim Franla and Angela Fnnlu, hwband and wife
+ Joshua Dye, a single peNOn ancl Mary Dye, 1 lingle person
+ James Richard.on, President of ABC Motor Company (if the 1...es!IOI' \lllder the lea.e b ABC
Motor Company)
+ James Ricliardson and Mary Richanlion, Co-Trwtees of the Mary Ric:bard.on Family Trust
dated 01/07/1982.
> Companies and Tl'Wlb: If you arc signing under a company or trwt name, we will
need a copy of your Articles of Incorporation, Trwt Agreement, Operating g r e ~ t
or other relevant governance document.
Check your address. This i.s where notices, bonwes, etc. are to be sent. Help w ensure the most
up to Gte mailing address ls listed.
Sign the memo in the presence of a notary public. Use a pen with blue ink to ign. Make aure
to sign exactly as described above. If your name 13 listed"' Mary H. Smlih, you must sign Mary H.
Smith." If your pa.me is listed u Mary Jean Smith, you must sign Mary Jean Smith, You mwt aign
EXACTLY as your name Is listed In order to eruure we have the most airrect Memo/Lease,
Have the notary public notarize the document. If any changes have been made to the way
yoor name ls listed, mah lUl"e the notary Js aware of thl so that they can correctly llst your ri:une In
the notary acknowledgement.
4. A signed, notarized copy of the Lease.
> See the above. Follow the same stein listed for the Memorandum when cl<ecuting the Leue. Although
the Leaae Is not recorded bi the courthouse, ltia atill critical that it 4 uecuted correctly. It, too,.mwt be
signed in blue Ink 11nd notarized,
S. A signed, notarized copy of the Affidavit of Non-Production.
:> See the above. Follow the same steps listed for the Memorandum and Leue to ensure the names and
addreHes a.re correct.
Once you have these ll>'e dOCUJJlcnts - W-9, OFP, Memo, ua.se and Alf.davit of Non-Production - please
mail/ return to:
LAND DEPMTMENT
Crimson Holdings Corporation
2006 E. Cano11 Street
PITI'SBUllCH. PA 15203
Thank you for your participation in the responsible development and exploration of the oil and natural
gas rcservcs in the area.
ORDER FOR SIGNING FEE
Dato: _____ _

Address:
llALEIGH, NC 27612
The llhove named "Lessor/Grantor, does hereby confirm that on this date they executed an Oil & Gas
Lease ("Lease") In favor of CRIMSON HOLDINGS CORPORATION, hereinafter called
"Le!sce/Grantee", covering the following tract ofland, to wit:
KaoJtTnParul(-:
CoaunOtlly lulow u:
lkl"l 111 ti..t terta!a Ind .i load 1inated la Map Zoat 11 0.1 ConalJ f Dubm, Slato ar
Nmb ConllaL '
Belq l I lbc praperty _..,. bJ Lesoor or to "'blcll Lo11or "'Y lltv .. ,, ri1hts .. la Map Zo ..
Nntlllalc l6.ll6 a<ru, mon or""' qd Mlc lbt uDt pttptrtr dtt<rlbff la l>eed ......_""
oadlorrlat Book___."""' ___,ol'lh Darb.Im Cou!J hl>Uc -
Acres: 36.816, mort or Jen
As consldcralion for said Lease, upon delivery to Lessee of 1 properly and fully executed Oil lk. Gas Lease,
and upon final ae<:eptance of the Lease by Lessee's Management and upon approval of title,
Lessee/Grantee hereby agrees IO pay: Sla.f.08 to said Lessot/Grantor, subject to the approval of Lessee's
Management and Lessee's approval of tillo and lease, on or before One Hundred and Twenty (120)
business days from receipt by Lessee/Grantee of this Ordct For Payment If such paYntcnt ls not received
by the date. Lessor/Orantor shall lnfonu Lessee/Grantee by Q:rtified Mail and Lessee/Grantee
shall have five (5) banking days to tendct the payment, otherwise this offer !hall be oull and void.
LESSORIGRANTOR
Name Name
SSll:...._ _______ _
Phon!"/Contact # --------
Email: ___________ _
Mail to: CRIMSON HOLDINGS CORPORATION, 2006 E. Carson Street, Pittsburgh, PA 1'203
St.te:
County:
North Carolina
Durham
AFFIDAVIT OF NON-PRODUCTION
Amant(s):
Affiant(s), u herein named above, reslde(s) at ______________ _
Affiant(s), having pascnal knowledge of the facts !taled below, 111d being familiar with the land described
as followa (tho ML.ands"):
Knol"aasTu Putt!(---):
Commonly kuo11'11 u:
Being all that cerbliD tract of land 1ituaUd In Map Zone. In the County of Durham, State
of North C.rolla.
Being al I the property owned by Laor or to l"hlcb Lessor may have ny rights to In Map
Zone., containing: 36,81, ures, more or lea and belnr; the ume property dncrlbed In
Deed 'IOOk.,, Paa:e and/or l'lat Book ___, Paee o( the Durham County
PubHc Recon!'S':
1) I have been thc=rd owner of the Lands since _____ _,
2) To my knowledge, since that date, there has been no production of oil or gas from
the Lands, no aatlve oil or gas wells on the Llllds, nor bas any oil or ;as
well bcen drilled on lhc Lands since that date;
3) ( have not been advised, infonncd or notified at any time that the Lands have been
pooled or unitized with the other lands &lljacent IO the Lands nor do I have any
reason to believe that the Lartds have been pooled or unitized with any other lands
for the production of oil or gu.
4) In my Clllpacity as the owner(s) of the Lands, I am llOl currently receiving 81\Y delay
rental payment, bonll!, shut-in or royalty payment in with or otherwise
related to oil or gas prod11ction from the Lands and I have not assigned, 11<>ld,
conveyed or transfeITCd any such delay rental payment, boous, shut-in or royalty to
BllY other party
.5) To my knowledge, other than t. lcase of even date to Crimson Holdings Corporation.
there are no oil and gas leases covering lhe Lands, whether recorded or lllll'CCOrded,
which arc within their primary or scoondary tcnns.
AFFIANT{s)
_____ _
Dat.e: _____ _
STA TE OF NORTI! CAROLINA
COUNTY OF DURHAM
Oo __ day of 2014 before me, 1 NOlaly Public, the undersigned officer, pmonally appeared
-------------------' known to me (or satisfactorily proven) IO be !he penoo(s)
whoso n!lllC(1) Wiw subscn"bcd to tho Mlhin Instrument, and acknowledged that he/she/they exe<:lrted the umo fur the
pwprues therein oon!alned
IN WITNESS THEREOF, I hereuo!o sci my hand and 0!!'1<:ial sell!.
My commis4ion expires on:
Notary Public
This do<umtnt prepand by:
C:ri<NOn Holding> Co<porotion
Attn: Lmcl O.pllrtmen!
1006 E. Clll'SOllSL
Piruburgh, PA 15203
NOTICE OF CONFIDENTIALITY RJGlffS: JF YOU ARE A NATURAL PERSON YOU MAY aEMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT JS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE
NUMBER.
MEMORANDUM OF OIL AND GAS LEASE
THE .STATE OF NOPITH CAROLINA
COUNlY OF DURHAM
KNOWAU MEN BYTHESE PRESENTS:
Thal the undersigned whose ti1lll
_, , IV.LEIGH, NC 27612 {herein collectively called Leuor" whether one or motC) hu executed and delivettd 111
HOLDINGS CORPORATION. (herein called "Luaee") whose address is 2006 E. Canon Stn:ct, Pll!Jburgh, PA
15203, u Lessee 1n OU and Ou Lea.oe doted ___, 2Dl4, and convcyin& the minor.la In J6.816..,... or
land, whether more or Im(+-} u siruated in Durham County, North Carolina 1111d covenn, the foUowin1 landl:
K-1T11P1ral(-):
c ...... oe1ybowau:
Bd .. ""tbl ttruta i-t oflnd 1l!M .. d la Mop z.. bo die CHIJ orD ........ State"' Nert.II Croliu.
Beloc al 11111 prop<ny owoed br LtsMT oT lo bk LnMr _, hve 1 rlbb lu II' z....& coat.lol111
36.11' acm, IMrt or .laa aa llela& lh aOJe pnpertr des<rlbed Ill O..d Boa hat .. Hdior Pbl
Boo___, P111___,1rtbe Dar.It CHIJ hbllc R<ffnb.
WheTUS yid Oil and Gu Lea<e provided for 1 "Prim1ry Term" ot 11 ycan effective on the date flnl wrinett above 111d an
option lo extend said Oil and Gas Lease for a "Secondary TcnttM of 3 odditional years. Duplicate copies of said lease are la !he
po ..... .ioo of Leuor and Lesoce where the same may be extended b)" &I\)' person bavinll a lllw!W lie.ht of le&itlmate Jnt=si
therein.
Now therefore, for the comidcndion set fonh in .. ;d lease, Lessor does hereby 1rut, I ud let unm Leuee all oflbe rl&hll
u specified !herein, Ill the following ducn-ooi propcrtlft.
This "Mcmon.adum af Llue shall be binding an all pmtle!, their rueccsoors and Assigns.
LESSOR:
Slpod: ____________ _ 5111-1: ___________ _
STA TE OF NORTII CAROLINA
COUNTY Of DURHAM
ACKNOWLEDGEMENT


On this __ day of 2014, before me, the undenigMd Notary Public in and for sald
county and state, personally appeared ltnoWll lO me \0 be the
per.;on(s) whose name(>) is/are subscribed lo the li>rcgolng instrwnent, and ncl:nowlcdgcd that the um wu executed and
delivered u hislherltheirl free and voluntary act tor !he pulJ>OS"S therein IC! forth. la willlCSI whcreofi bctCunto sci my hand 111d
official -1 u of the date bereinabove stated.
Nowy Public
My Commission Expires:. _____________ _
(Printl:d Name ofNotary)
Return to:
CRIMSON HOLDINGS CORPORATION
2006 E. Canon St.
Pittsburgh, PA 13203
PAID-UP OIL and GAS LEASE
nns LEASE AGREEMENT is made and entered into effective the ---day of I 2014, by
111d between whose mailing address is
-
, RALEIGH, NC 27612, hereinafter Lessor (whether one or more), and CRIMSON HOLDINGS
RATION, whose mailing address is 2006 E. Canon Street, Pittsburgh, PA IS203, herclnllfter called
Lessee.
WITNESSETH:
1. wsor, in consideration of $I 0.00 1111d OVC Dollars !1.lQJ!Q) in hand paid, receipt of which is hereby
provided and of the agreements of Lessee herein contained, hereby giuts, lell!Cs and lets exclusively to Lessee for
the purpose of exploring for, developing, producing. and me.iketing oil, gas and other substances covered hereby on
the leased premises a5 hereinafter descn'lled, or lands pooled or unitized herewith, in primary and/or enhanced
recovery. Lessee shall have the right of Ingress and egmJ along with the right to conduct such operations on the
leased premises as may be reasonably necessary for such purposes. Including but not limited to
operatlonJ, the drilling of wells, 1111d the construction and we of roads, canals, pipeline1, tanks, water wells, disposal
wells, Injection wells, pi!3, frac ponds, central production facilities, electric and telephone lines, power stations, and
other facilitleJ dee!Md necessmy by Lessee to explon, discover, produce, atore, !reel and/or transport production.
The lands covered hereaf\er called ulcased premises", located In the County of Durham in lhe State of
North Carolin 8t'C described as follows:
Klo-uTuhrnl-
Ctmmaalybo,..u:
lllla118 lbt tttU.lo lrttl ofl.nd llhukd l Map Zo 111 lft Caul)' of Dorlulm, Siok 9'Nerlll CorollL
Belr1&al I Ibo proporl)' ""Md by l.nlor or to wbl<ll Usaor "'">' bnr HJ ricbb to I Mop Za9 .. ot1laia1
36.11' ocnt, man or i.. 4 bda1 lb.r 11nw pnperl)' 4....-tbtd hi Deed Book l'op dlor Plat
11eo1r...:.___, PSt-J oflllt n.,. ., co .. ty hbllt Reeordl.
And eo11taining 36.1116 gross ac:res, more or less, {Including any interests lhenoin which Lessor may hereinafter
acquire by reversion, prescription or otherwise); of which, for the purpose of exploring for, developing. producing
and marketing oil and gas, along wlth all hydrocarbon and non-hydrocarbon substances produced In association
therewith. The tenn "gas" as used herci11 Includes beliwn, carbon dioxide and olh commet"clal gases, as well as
hydrocarbon gases. In addition to the above dcscn"be I11.11d, this lease and tho term premises" also coven
accretions and any m1all or parcels of land now or hereafter owned by Lessor which are oontiguous or
adjacent lo the above-mentioned !arid Md, in consideration of the aforementioned cash bonus, Lessor aiirces lo
execute at Lessee's request 1111)' addi1ional or supplemental instrumcntll for a more complete or accurate description
of the land and/leasehold rights so covered. For the purpose of determining the amount of any bonus money, shut-in
royalty, or other such payment hereunder, the number of gross acres above specified shall be deemed com:ct,
whether actually more or less.
2. Terms 11f Lessc.. This lease sii.all be in fOl'CC for a primary term of .J1. years from the date hereof, and for as
long thereafter a oil or (!8! or other substances covered hereby are produced in paying quantities from the leased
premises (or from lands pooled therewith) or this lease i! olherwisc maintained in effect pumiant to the provialons
hereof. ;
3. Extension Option: For the rune consideration stated above, this lease may at Lessee's option, be extended as
to all or part of the lands covered hereby for an additional primary temi of five (S) years commencing oo the date
that the lell!C would have expired bul for the extension. Lessee's option shall be deemed properly and timely
exercised by Lessee paying or tendering to Lessor an option and extension payment of$10.0ll (Ten Dollars) per net
mineral acre for the land then covered by the extended lease, said option and extension payment to be paid or
tendered to Lessor at Lessor's addreu as shown above or to Lessor's last known acfdress of record. If the Lessee
exercises this option, the primary tenn of this lease shall be considered to be continuous, commencing on the date of
the lease and continuing from that date to the end of the extended primary term.
Paid-up Lease. This is a paid-up lease. In consideration for the cash down paymenl, Lessor agrees that
Lessee shall not be obligated, except as otherwi5e provided hc:rein, to pay shut lns or commence or continue any
opcratioru during the primary tenn.
5. Roy1lty Paymeat. Royalties on oil, gas and other substances produced and saved hereunder shall be paid by
Lessee to Lesror as follows: (a) for oil and other liquid hydrocarbons separated al Lessee's separator facilities, the
royalty shall be One-Eidth Cl/8th) of such production, to bB delivered at Lessee's option to Lessor at the
wellhead or to Lessor's cre<lit at the oil purchaser's tnulsponation facilities, less a proportionate part of ad valorern
taxes and production, severance or other excise taxes and the costs Incurred by Lessee in delivering, treating or
otherwise marketing such oil and other liquid hydrocarbons, provided that Lessee shall have the continuing right to
sell such produc:tion to itself or an affiliate at the wellhead market price then prevailing ln the same field (or, if there
is no such price the prevailing In the same field, then in lhe nearest field in which there is such a prevailing price) for
production of similar grade and gravity; (b) for gas (Including Cll!inghead gas) and other substance.'! covered hen: by,
the royalty shall be OntElehth C11llthl of the proceeds reelized by Lessee from the sale thereof less a
proportionate part of ad valvrem taxes and pro<luction, severance, or other excise taxes and the costs incurred by
Lessee in delivering, processing or otherwise marketing auch gas or other substances, provided that Lenee shall
have the continuing right to sell such production lo Itself or an affiliate at the prevailin& wellhead market price paid
for productioa of similar quality in the same filed (or, if there is no such price: then prevailing In the same: field, then
in the nearest field in which there is such 1 prevailing price) pursuant to compJrable purchase contracb entered into
on tho 58?110 or nelll'Cst prcc:cding as the date on which Lessee commcnoes its purchase hereunder; and (c) if
during or after the primary tenn one or more wells on the leased premises or lands pooled therewith are capable of
producing oil or gll5 or other substanus covered hereby in paying quantities, but such well or wells are either shut-in
or production therefrom is not being sold by Lessee, such well or wells shall nevertheless be deemed to be
producing in paying quantities fur the purpose of maintaining this lease. If, for 1 period of 90 consecutive days such
well or wells are shut-in or production therefrom is not sold by Lessee, then Lessee shall pay aggregate shut-in
royalty of ona dollar per acre then covered by this lease, such payment to be made lo Lessor or to Lessor's credit in
or lt successors on or before lhc end of said 90 day and thereafter on or before each annivcnary of the end of
said ?O day during. which tJ:e wel! or shut-In or production therefrom is not being sold by Lessee;
provided that 1ftlus lease 1s otherwlSC bemg maintained by operations, or if production is being sold by Lessee from
another well or wells on the leased premises or lmds pooled therewith, no &hut-in royalty shall be due until lhe end
oflhe 90 day period next following the c:essaiion of such operations or production, as the case may be, Lasee may
pay or tender any shut-in royalty at any time in advance of its due date to the Lessor then known to Lessee as
provide<! ia Paragraph 11 and such payment or tender shall bind aU persons !hen or thereafter craimlng any part of
such shut-in royalty. Lessee's failure lo properly pay shut-In royalty shall rmder Lessee liable for the amount due
but !hall not operate to tcnninate this lease. '
6. OperatioDS. If Lessee drills a.well which is incapable of producing In paying quantities (hcrelnal\cr called
wdry hole") on the leased prcmlscsor lands pooled therewith, or if all production (whether or not in paylng
quantities) permanently teases from any including 1 revision of unit boundaries pursuant to the provisions of
Paragraph 6 or the action of any governmental authority, then in the event this lease is not otherwise being
maintained in force It shall neverthele$ remain in force if Lessee commences further operations for reworking an
existing well or for drilling an additional well or for otherwise obtaining or restoring production on the leased
premises or lands pooled therewith within 90 days after completion of operations on stK:h dry hole or within 90 days
after such cessation of all production, or, should the lease be Millin the primary lenrr tlO further operatforu shall be
required to maintain this lease for the remainder of the primary term. If during or after the prim Ill}' tenn, this lease
is not otherwise being in force, but Lessee is then engaged in drilling. reworking or any other operations
reasonably calculated lo obtain or restore a production Ihm from, this lease shall remain in force so long 115 any one
or more of such operations are prosec:ulcd with no cessation of more than 90 consec:utivc days, and If any such
operations result itt the production of oil or gas or other substances covered hereby, es long thereafter as there Is
production Ir. paying quantities from the leased premises or lands pooled therewith. After completion of a Willi
capable of producing In paying quantities hereunder, Lessee shall drill such additional wells on lhc leased premises
or lands po0led therewith as a reasonably prudent operator would drill under the Slmle or slmilar circumstances to
develop the leased premises as to fonnations then capable of producing in paying quantities on the leased premises
or upon lands pooled therewith. There shall be no covenant lo drill exploratory wells or any additional wells except
as expressly provided herein.
7. Pooling. Lessee shall have the right but not the obligation to pool all or any part of the leased premlSell or
intertst therein with any other lands or u to any or all depths or ron.e!I,. and as to any or all substances
covered by this lease, either prior to commencement of or during drilling or rccampletlon activities, or any
completion of the well and may be retroactive to a prior date I Lest.cc' option, whenever Lessee deems it
necessary or proper to do so in order to prudently develop or operate the leased premises, whether or not similar
po01ing authority exist! with respect to such other lands or interests. lo exercising its pooling rights hereunder,
Lessee shall file of record a written declaration describing the unit and stating the effective date of pooling. The unit
formed by such pooling for an oil well (other than & "horimntal well" and/or a horizontal completion") shall not
exceed 320 acres pl\15 & maximum acreage tolerance of I 0%, and for a gas well or 1 "horizontal well" and/or a
"horizontal completion" shall not exceed 12&0 acres plus a maximum acmigc to1erance of 10%; provided that a
larger unit may be formed for an oil or gas well or a "horizontal well" and/or "horizontal completion" to conform to
any well spacing or density pattern 1hat may be prescribed or pennittcd by any governmental authority having
jurisdiction to do so. For the pwposes of the foregoing, the tenns woil well" and Msas well" shall have !he meaning.t
prescribed by applicable law or lhe appropriate govmtmental Bllthority having jurisdiction. If no definition is so
prescribed, "oil well" means a well with an initial gu/oil TIJ.tio of less than 100,000 cubic feet per barrel and "ps
well" means a. well with an initial gas/oil ratio of 100,000 cubic feet or mare per baml, based on a 24-hour
prodlllltion test conducted under normal producing conditions using standard lease separator facilities or equivalent
testing equipment; and the trn "horizontal well" and/or "horizontal completion" shall be defined by applicable law
or the appropriate governmental authority having jurisdiction. In the a.bsence of such a definition, a "horizontal
well" and/or a "horizontal completion" shall be defined as an oil and/or gas well In which the well bore is
intentionally deviated from 11 true vertical direction and extended to a distance of at least one hwidred (100) feet of
horizontal displacement. Production, drilling or rcwort.ing operations anywhere on a lDlil whlch includes all or any
part of tho leased premises shall be treated es if it were production, drilling or reworlcins operations anywhere on a
unit which includes aU or any part of the leased premises shall be treated as if production, drilling or reworking
opcratlon were on the leased premises, except that the production on which Lessor's royalty Is calculated shall be
that proportion of the total unit production which !he net acreage covered by !his lease and included in the unit bears
the total acreage In the wiit, but only to the extent such pr0portlon of unit production i1 sold by .Lessee. Pooling in
one or more illlltances shall not exhaust Lessee' a pooling rights hereunder, and Lessee shall have the recurring right
but not the obligation to pool, consolidate, amend, revise, refonn, or otherwise designate any such unit formed
hereunder by expansion or contraction or both, either before or after commencement of production, in accordance
with the pooling provision contained herein, or In order to conform to the well spacing or density pattern prescribed
or permitted by the iovemmental authority having jurisdiction, or to confonn to any productive acreage
detennination made by sud! governmental authority. In making such a revision, Lessee shldl file of record a written
declaration describing lhe revised unit 111d stating the effective date of revision. To the extent any portion of the
leased premises is included io or excluded from the unit by virtue of such revision, the proportioo on which royalties
are payable hereunder shall thereafter be adjusted accordingly. Lessor shall fonnally express Lessor's coowit to
any pooling agreement or operation adopted by Lessee aud approved or needed for approval by any governmental
authority having jurisdiction to do so, by executing the same upon request of Lessee. In absence of production in
paying quantities from a unit, or upon permanent cessation thereof, Lessee may tcnninati: all or part of the \111it by
filing of record a written declaration describing the unit and stating the date terminated. Pooling hereunder sha11 not
oonstitute a cross-conveyance of interests.
2
8. Uaitludon. shall have the right but not the obligation to commit all or any part of the leased ))l'Cmises
or lntei:ests therein to one or more unit plans or agreements for the cooperative development or operation of one or
ftlO<'C 011 and/or reservoirs or portions thereof, If in lessee's judgment such plan or agreement will prevent waste
and protect correlative rights, and If such plan or agrffillettt is approved by the federal, state or local govenunontal
authorily having jurisdiction. When such a com.mlbnent Is made, this lease shall be subject to the tenns and
eonditlons of the unit plan or agreement, including any fonnula prescribed therein for the alloeation of production,
and Lessor shall fonnally express Lessor's consent to llllY coopeBtive or unit plan of development, or operation
adopted by Lessee and approved or needed for approval by any governmeutal agency by executing tJ
111
same upon
request of Lessee.
11. Surfce operations. Lessee shall have the right of ingress and egress and to make l'Cll$onable use of the
surface estate of leas:'1 premises to conduct its operations hereunder. When requested by in writing,
Lessee $hall bury its plpebne below ordinary plow depth on cultivalcd lands. No well shall be less thm 300
feet from any house or rommerclal building now on lhe leased premises without Lessor's consent, and Lessee shall
pay for damr.ge caused by its operations to bullding.s and other Improvements now on the leased premises or such
other lands, and to commercial timber and growina i;rops thereon. Lessee shall have the right at any time to remove
its tlxtun:s, equipment and roaterials, including well casing, from the leased premises or such other lands durina the
tcm1 of this lease or within 11 mssonable time thereafter. Lessee may use free of cost any oil. gas, water and/or other
substances on the leased premises, except water li'om Lessor' 1 existing we lb or ponds.
10. Proportion1te Reductions. If Lessor owns less than the full mineral estate in all or any part of the leased
premises, paymenl of bonus monies, royalties and shut-In royalties hereunder shall be :reduced to the proportion that
Lessor' interest in sucb part of the' leased premises bean to the full mineral estate In Sllcb pvt of the leased
premises.
11. Ownership ChangeL The inierest of either Lessor or Lessee hereunder may be assigned, devised or
otherwise transferred in whole or in by ami and/or by depth or mnc, and the rights and obligations of the
parties hereunder sllall extend to their respective heirs, devlsen, executors, administrators, successors and as,,igns.
No change in Lessor's ownership shall have the of reducing the rights or enlargina the obligations cf Lessee
hereunder, and no change in ownership shall be binding on Lessee until 60 days after Lessee bas been furnished the
original or duly authenticated copies of the docwnents establishing such change of ownership to the satisfaction of
Lessee or until Lessor has satisfied the notificatiott requirements contained in Lessee's usual form of dlvlsion order.
In the event of the death of any person entitled to roy$.lties or shutin royalties hereunder, Lessee may pay or tender
such royalties or shut-in royalties to the credit of decedent or decedent's estate the depository designated above. [f
et any time two or more persons are entitled to royalties, shut-in royalties, or other such payments hereunder, Lessee
may pay or tender such shut-in royalties to such persons or to their credit in the depository. either jointly or
1eparately In proportion to the Interest which each owns. If three or more parties become entitled lo a share of the
original Lessor's royalty, 5hut in royehy, or other such payment under this lease, Lwec, to alleviate exccsaive
adntlnlstratlve burden, may request and the relevant parties shall designate a single representative to administer their
collective interest and receive cofle(:tive payments for the designated group. If Lessee transfm its interest hereunder
in whole or In pert, Lessee shall be relieved of all obligations thcn:aftor arising with respect to the transferred
Interest, end failure of the transferee to satisfy such obligations with respect lo the transfemod interest shall not affect
the rights af Lc:1seo with respect to any interest not so mmsferred. If Lessee transfen a full or undivided interest in
all or llllY portion of the area covered by this lease, the ob ligation. to pay or tender shulin royal Iles hereunder shall
be divided between Lessee and the transferee in proportion to the net acreage Interest In this lease then held by each.
12. Rele8Se of Lease. Lessee may, at 11.11y time and li'om lime to time, deliver to l..e$scr or file of record a written
rclC11Se of this lease as 10 a full or undivided interest in all or any portlon of the area covered by this lease or any
deplhs or zones thereunder, and shall thereupon be relieved of all obligations thereafter arising with respect to the
Interest so released. If Lessee releues Jess than all of the interest or area covered hereby, Lessee's obligation to pay
or tender royalties, shulin royalties, or other such payment shall bCI proportionately reduced in accordance with tho
net acreage interest retained hcreWldcr.
13. Regulation and Delay. Leucc't obligations under this lease, whetlm express or implied, shall be to
all applicable laws, rules, regulations and orden of any governmental authority having jurisdiction, including
=triction1 on the drilling and production of wells, and regulation of the price or transportation of oil, gas and ether
substances covered hereby. When drilling, reworking, production or otller operations are prevented or delayed by
such laws, rules, regulations or order, or by Inability to obtain necessary pennit.s, equipment, services, material,
water, electricity, fuel. access or easements, or by fire, flood, adverse weather conditions, war, sabotage, rebelllon,
insurrection, riot, strike or labor disputes, or by inability to obtain a satisfactory market for production or failuro of
purchasers or carriers to take or tnnsport such production, or by any other cause not reasonably within Lessee's
control, this lea>e shall not terminate because of such prevention or delay, and, al L=ee's option, Iha period of such
prevention or delay, plus an additional 180 days, shall be added to the term hereof. Lessee shall not be liable for
breach of any express or Implied covenants af this lease when drilling, production or other operations ll'C so
prewntcd, delayed or lntcrmptcd.
1-4. Breach or DefaulL No lltisation shall be Initiated by Lessor with 1111y to any breach or default by
Lessee hereunder, for a period of at least 90 days after Lessor has givm Lessee notice fully describlng the
breach or default, 11C1d !!ten only if Lessee fail.t to remedy the breach or default within !Uch period. Jn the even! the
matter Is litigated and there is a final judicial determination that a breach or default h&S oecurrcd, this lease shall not
be forfeited or cancelled in whole or Jn pan unless Lel;sce is given a reasonable time after ealdjudicial detennination.
to remedy the breach or default and Lessee fails to do so.
15. Wrnmty or Title. Lessor hereby warrants and agrees to defend title conveyed lo Lessee hereunder, and
agrees that Lessee at Lessee's option may pay and discharge any taxes, mongagcs or liens existing. levied or
assessed on or against the leased premises. lf Lessee cxertises such option, Lessee shall be subrogated to the rights
of tho party to whom paymenl is made, and in addition to its other rights, may reimburse liself out of any royallics
or shut-in royalties otherwise payable to Lessor hereunder. In the event Lessee is made, aware of any. claim
inconsistent with Lessor's title, Lessee may suspend the payment of royalties and shut-in royalties hereunder,
without interest, until Lessee has been furnished satisfactory evidence that such claim has been resolved.
3
IN WITNESS WHEREOF, this lease is cxccuml to be effective u or the date first written above, but upon
execution mall be bmding Oil. the signatory and the signatory's heirs, devisecs, exe<::lltA:IR, administrators, s14c;c;cssors
and assigns, whetbu or not tbb lease bu been esecuted by till parties bcreinabovc n!llled u Lessor.
LESSOR:
Sljned: __
. ACKNOWLEDGEMENT
STATEOFNORTIICAROLINA
COUNTY OF DURHAM
On this __ day of 2014, before me, the undersigned N<>Wy Public: In and for
said C01111ty and stale, appeared known
to r11e to be the person(s) whose name(s) is/an1 subsoribed to the foregoing instrwnent, and acknowledged !hat the
umc wa.s executed 1111d delivered as his/her/their/ free and voluntary ct for the purposes therein set forth. Jn
witnCS!l whereofl hereunlo set my hand and official seal u of the date hereinabovc stated.
Notary Public
My Commission Expires: ___________ _
(Printed Name of Nollll)'}
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c.t. No. 10231X F"'"' (RoY. f.20131
i
'!
113-416 through 113-419. Repealed by Session Laws 1959, c. 779, s. 3.
Part 3. Landowner Protection.
113-420. Notice and entry to property.
(a) Notice Required for Activities That Do Not Disturb Surface of Property. - If an oil or gas
developer or operator is not the surface owner of the property on which oil and gas operations are to
occur, before entering the property for oil or gas operations that do not disturb the surface, including
inspections, staking, surveys, measurements, and general evaluation of proposed routes and sites for oil
or gas drilling operations, the developer or operator shall give written notice to the surface owner at least
14 days before the desired date of entry to the property. Notice shall be given by certified mail, return
receipt.requested. The requirements of this subsection may not be waived by agreement of the parties.
The notfoe, at a minimum, shall include all of the following:
(1) The identity of person(s) requesting entry upon the property.
(2) The purpose for entry on the property.
(3) The dates, times, and location on which entry to the property will occur, including
the estimated number of entries.
(b) Notice Required for Land-DisturbingActivities. - If an oil or gas developer or operator is not
the surface owner of the property on which oil or gas operations are to occur, before entering the
property for oil or gas operations that disturb the surface, the developer or operator shall give written
http ://ncleg.net/ gascripts/ statutes/statutelookup. pl ?statute= 113 7/28/2014
Chapter 113
notice to the surface owner at least 30 days before the desired date of entry to the property. Notice
shall be given by certified mail, return receipt requested. The notice, at a minimum, shall include all of
the following:
(1)
(2)
A description of the exploration or development plan, including, but not limited to (i)
the proposed locations of any roads, drill pads, pipeline routes, and other alterations
to the surface estate and (ii) the proposed date on or after which the proposed
alterations will begin.
An offer of the oil and gas developer or operator to consult with the surface owner to
review and discuss the location of the proposed alterations.
(3) _ The name, address, telephone number, and title of a contact person employed by or
representing the oil or gas developer or operator who the surface owner may contact
following the receipt of notice concerning the location of the proposed alterations.
(b 1) Persons Entering Land; Identification Required; Presumption of Proper Protection While on
Surface Owners' Property. - Persons who enter land on behalf of an oil or gas developer or operator for
oil and gas operations shall carry on their person identification sufficient to identify themselves and their
employer or principal and shall present the identification to the surface owner upon request. Entry upon
land by such a person creates a rebuttable presumption that the surface owner properly protected the
person against personal injury or property damage while the person was on the land.
( c) Venue. - If the oil or gas developer or operator fails to give notice or otherwise comply with
the provisions of this section, the surface owner may seek appropriate relief in the superior court for the
county in which the oil or gas well is located and may receive actual damages. (2011-276, s. 3(b); 2012-
143, s. 4(a).)
113-421. Presumptive liability for water contamination; compensation for other damages;
responsibility for reclamation.
(a) Presumptive Liability for Water Contamination. - It shall be presumed that an oil or gas
developer or operator is responsible for contamination of all water supplies that are within 5,000 feet of
a wellhead that is part of the oil or gas developer's or operator's activities unless the presumption is
rebutted by a defense established as set forth in subsection (al) of this subsection. If a contaminated
water supply is located within 5,000 feet of a wellhead, in addition to any other remedy available at law
or in equity, including payment of compensation for damage to a water supply, the developer or operator
shall provide a replacement water supply to the surface owner and other persons using the water supply
at the time the oil or gas developer's activities were commenced on the property, which water supply
shall be adequate in quality and quantity for those persons' use.
(al) [Rebuttal of Presumption. -] In order to rebut a presumption arising pursuant to subsection
(a) of this section, an oil or gas developer or operator shall have the burden of proving by a
preponderance of the evidence any of the following:
(1) The contamination existed prior to the commencement of the drilling activities of the
oil or gas developer or operator, as evidenced by a pre-drilling test of the water
supply in question conducted in conformance with G.S. 113-423().
(2) The surface owner or owner of the water supply in question refused the oil or gas
develope_r or operator access to conduct a pre-drilling test of the water supply
conducted in conformance with G.S. 113-423().
(3) The water supply in question is not within 5,000 feet of a wellhead that is part of the
oil or gas developer's or operator's activities.
(4) The contamination occurred as the result of a cause other than activities of the
developer or operator.
(a2) Compensation for Other Damages Required. - The oil or gas developer or operator shall be
obligated to pay the surface owner compensation for all of the following:
(1) Any damage to a water supply in use prior to the commencement of the activities of
the developer or operator which is due to those activities.
Chapter 113
(2) The cost of repair of personal property of the surface owner, which personal property
is damaged due to activities of the developer or operator, up to the value of
replacement by personal property of like age, wear, and quality.
(3) Damage to any livestock, crops, or timber determined according to the market value
of the resources destroyed, damaged, or prevented from reaching market due to the
oil or gas developer's or operator's activities.
(a3) Reclamation of Surface Property Required. - An oil or gas developer or operator shall
reclaim all surface areas affected by its operations no later than two years following completion of the
operations. If the developer or operator is not the surface owner of the property, prior to commencement
of activities on the property, the oil or gas developer or operator shall provide a bond running to the
surface owner sufficient to cover reclamation of the surface owner's property. Upon registration with the
Department pursuant to G.S. 113-378, a developer shall request that the Mining and Energy
Commission set the amount of the bond required by this subsection. As part of its request, the developer
shall provide supporting documentation, including information about the proposed oil and gas activities
to be conducted, the site on which they are to occur, and any additional information required by the
Commission. The Commission shall set the amount of the bond in accordance with the criteria adopted
by the Commission pursuant to G.S. l 13-39l(a)(13a) and notify the developer and surface owner of the
amount within 30 days of setting the amount of a bond. A surface owner or developer may appeal the
amount of a bond set pursuant to this subsection to the Commission within 60 days after receipt of
notice from the Commission of the amount required. After evaluation of the appeal and issuance of
written findings, the Commission may order that the amount of the bond be modified. Parties aggrieved
by a decision of the Commission pursuant to this subsection may appeal the decision as provided under
Article 4 of Chapter 150B of the General Statutes within 30 days of the date of the decision.
(a4) Remediation Required. - Nothing in this Article shall be construed to obviate or affect the
obligation of a developer or operator to comply with any other requirement under law to remediate
contamination caused by its activities.
(a5) Replacement Water Supply Required. - If a water supply belonging to the surface owner or
third parties is contaminated due to the activities of the developer or operator, in addition to any other
remedy available at law or in equity, the developer or operator shall provide a replacement water supply
to persons using the water supply at the time the oil or gas developer's activities were commenced on the
property, which water supply shall be adequate in quality and quantity for those persons' use.
(b) Time Frame for Compensation. - When compensation is required, the surface owner shall
have the option of accepting a one-time payment or annual payments for a period of time not less than
10 years.
( c) Venue. - The surface owner has the right to seek damages pursuant to this section in the
superior court for the county in which the oil or gas well is located. The superior court for the county in
which the oil or gas well is located has jurisdiction over all proceedings brought pursuant to this section.
If the surface owner or the surface owner's assignee is the prevailing party in an action to recover unpaid
royalties or other damages owed due to activities of the developer or operator, the court shall award any
court costs and reasonable attorneys' fees to the surface owner or the surface owner's assignee.
( d) [Certain Limits Void. -] Conditions precedent, notice provisions, or arbitration clauses
included in lease documents that have the effect of limiting access to the superior court in the county in
which the oil or gas well is located are void and unenforceable. (2011-276, s. 3(b); 2012-143, s. 4(b);
2013-365, s. 5(c).)
113-422. Indemnification.
An oil or gas developer or operator shall indemnify and hold harmless a surface owner against any
claims related to the developer's or operator's activities on the surface owner's property, including, but
not limited to, (i) claims of injury or death to any person; (ii) damage to impacted infrastructure or water
supplies; (iii) damage to a third party's real or personal property; and (iv) violations of any federal, State,
or local law, rule, regulation, or ordinance, jncluding those for protection of the environment. (2011-
Chapter 113
276, s. 3(b); 2012-143, s. 4(c).)
113-423. Required lease terms.
(a) Required Information to be Provided to Potential Lessors and Surface Owners. - Prior to
executing a lease for oil and gas rights or any other conveyance of any kind separating rights to oil or
gas from the freehold estate of surface property, an oil or gas developer or operator, or any agent
thereof, shall provide the lessor with a copy of this Part and a publication produced by the Consumer
Protection Division of the North Carolina Department of Justice entitled "Oil & Gas Leases:
Landowners' Rights." If the lessor is not the surface owner of the property, the oil or gas developer or
operator shall also provide the surface owner with a copy of this Part and the publication prior to
execution of a lease for oil and gas rights.
(b) Maximum Duration. - Ariy lease of oil or gas rights or any other conveyance of any kind
separating rights to oil or gas from the freehold estate of surface property shall expire at the end of 10
years from the date the lease is executed, unless, at the end of the 10-year period, oil or gas is being
produced for commercial purposes from the land to which the lease applies. If, at any time after the 10-
year period, commercial production of oil or gas is terminated for a period of six. months or more, all
rights to the oil or gas shall revert to the surface owner of the property to which the lease pertains. No
assignment or agreement to waive the provisions of this subsection shall be valid or enforceable. As
used in this subsection, the term "production" includes the actual production of oil or gas by a lessee, or
when activities are being conducted by the lessee for injection, withdrawal, storage, or disposal of water,
gas, or other fluids, or when rentals or royalties are being paid by the lessee. No force majeure clause
shall operate to extend a lease beyond the time frames set forth in this subsection.
( c) Minimum Royalty Payments. - Any lease of oil or gas rights or any other conveyance of any
kind separating rights to oil or gas from the freehold estate of surface property shall provide that the
lessor shall receive a royalty payment of not less than twelve and one-half percent (12.5%) of the
proceeds of sale of all oil or gas produced from the lessor's just and equitable share of the oil and gas in
the pool, which sum shall not be diminished by pre-production or post-production costs, fees, or other
charges assessed by the oil or gas developer or operator against the property owner. Royalty payments
shall commence no later than six months after the date of first sale of product from the drilling
operations subject to the lease and thereafter no later than 60 days after the end of the calendar quarter
within which subsequent production is sold. At the time each royalty payment is made, the oil or gas
developer or operator shall provide documentation to the lessor on the time period for which the royalty
payment is made, the quantity of product sold within that period, and the price received, at a minimum.
If royalty payments have not been made within the required time frames, the lessor shall be entitled to
interest on the unpaid royalties commencing on the payment due date at the rate of twelve and one-half
percent (12.5%) per annum on the unpaid amounts. Upon written request, the lessor shall be entitled to
inspect and copy records of the oil or gas developer or operator related to production and royalty
payments associated with the lease.
( d) Bonus Payments. - Any bonus payments, or other initial payments, due under a lease of oil or
gas rights or any other conveyance of any kind separating rights to oil or gas from the freehold estate of
surface property shall be paid by the lessee to the lessor within 60 days of execution of a lease. If a
bonus payment or othei initial payment has not been made within the required time frame, the lessor
shall be entitled to interest on the unpaid amount commencing on the payment due date at the rate of ten
percent (10%) per annum on the unpaid amount.
(e) Agreements for Use of Other Resources; Associated Payments. - Any lease of oil or gas
rights or any other conveyance of any kind separating rights to oil or gas from the freehold estate of
surface property shall clearly state whether the oil or gas developer or operator shall use groundwater or
surface water supplies located on the property and, if so, shall clearly state the estimated amount of
water to be withdrawn from the supplies on the property, and shall require permission of the surface
owner therefore. At a minimum, water used by the developer or operator shall not restrict the supply of
water for domestic uses by the surface owner. The lease shall provide for full compensation to the
Chapter 113
surface owner for water used from the property by the developer or operator in an amount not less
than the fair market value of the water consumed based on water sales in the area at the time of use.
(f) . Pre-Drilling Testing of Water Supplies. - Any lease of oil or gas rights or any other
conveyance of any kind separating rights to oil or gas from the freehold estate of surface property shall
include a clause that requires the oil or gas developer or operator to conduct a test of all water supplies
within 5,000 feet from a wellhead that is part of the oil or gas developer's or operator's activities at least
30 days prior to initial drilling activities and at least two follow-up tests within a 24-month period after
production has commenced. The Department shall identify the location of all water supplies, including
wells, on a property on which drilling operations are proposed to occur. A surface owner may elect to
have the Department sample wells located on their property, in lieu of sampling conducted by the oil or
gas developer or operator, in which case the developer or operator shall reimburse the Department for
the reasonable costs involved in testing of the wells in question. Nothing in this subsection shall be
construed to preclude or impair the right of any surface owner to refuse pre-drilling testing of wells
located on their property.
(g) Recordation of Leases. - Any lease of oil or gas rights or any other conveyance of any kind
separating rights to oil or gas from the freehold estate of surface property, including assignments of such
leases, shall be recorded within 30 days of execution in the register of deeds office in the county that the
land that is subject to the lease is located.
(h) Notice of Assignment Required. - Written notice of assignment of any lease of oil or gas
rights or any other conveyance of any kind separating rights to oil or gas from the freehold estate of
surface property shall be provided to the lessor within 30 days of such assignment. If the surface owner
of the property is not the lessor, written notice of assignment of any lease of oil or gas rights shall also
be given to the surface owner of the property to which the lease pertains within 30 days of such
assignment.
(i) Lender Approval of Lease. - Any lease for oil or gas rights or any other conveyance of any
kind separating rights to oil or gas from the freehold estate of surface property with a surface owner
shall include a conspicuous boldface disclosure concerning notification to lenders, which shall be
initialed by the surface owner, and state the following:
NOTICE TO LENDER(S) PRIOR TO EXECUTION OF LEASE:
Surface owners are advised to secure written approval from any lender who holds a
mortgage or deed of trust on any portion of the surface property involved in the lease
prior to execution of the lease and obtain written confirmation that execution of the
lease will not violate any provision associated with any applicable mortgage or deed
of trust, which could potentially result in foreclosure.
I have read and understood the
terms of this provision. Surface Owner's Initials
G) Seven-Day Right of Rescission. - Any lease of oil or gas rights or any other conveyance of
any kind separating rights to oil or gas from the freehold estate of surface property shall be subject to a
seven-day right of rescission in which the lessor or lessee may cancel the lease. A bold and conspicuous
notice of this right of rescission shall be included in all such leases. In order to cancel the lease, the
lessor or lessee shall notify the other party in writing within seven business days of execution of the
lease, and the lessor shall return any sums paid by the lessee to the lessor under the terms of the lease.
(2011-276, s. 3(b); 2012-143, s. 4(d); 2012-201, s. 12(d).)
113-423.1. Surface activities.
(a) Agreements on Rights and Obligations of Parties. - The developer or operator and the
surface owner may enter into a mutually acceptable agreement that sets forth the rights and obligations
of the parties with respect to the surface activities conducted by the developer or operator.
(b) Minimization of Intrusion Required. - An oil or gas developer or operator shall conduct oil
and gas operations in a manner that accommodates the surface owner by minimizing intrusion upon and
damage to the surface of the land. As used in this subsection, "minimizing intrusion upon and damage to
Chapter 113
the surface" means selecting alternative locations for wells, roads, pipelines, or production facilities,
or employing alternative means of operation that prevent, reduce, or mitigate the impacts of the oil and
gas operations on the surface, where such alternatives are technologically sound, economically
practicable, and reasonably available to the operator. The standard of conduct set forth in this subsection
shall not be construed to (i) prevent an operator from entering upon and using that amount of the surface
as is reasonable and necessary to explore for, develop, and produce oil and gas and (ii) abrogate or
impair a contractual provision binding on the parties that expressly provides for the use of the surface
for the conduct of oil and gas operations or that releases the operator from liability for the use of the
surface. Failure of an oil or gas developer or operator to comply with the requirements of this subsection
shall give rise to a cause of action by the surface owner. Upon a determination by the trier of fact that
such failure has occurred, a surface owner may seek compensatory damages and equitable relief. In any
litigation or arbitration based upon this subsection, the surface owner shall present evidence that the
developer's or operator's use uf the surface materially interfered with the surface owner's use of the
surface of the land. After such showing, the developer or operator shall bear the burden of proof of
showing that it minimized intrusion upon and damage to the surface of the land in accordance with the
provisions of this subsection. If a developer or operator makes that showing, the surface owner may
present rebuttal evidence. A developer or operator may assert, as an affirmative defense, that it has
conducted oil or gas operations in accordance with a regulatory requirement, contractual obligation, or
land-use plan provision that is specifically applicable to the alleged intrusion or damage. Nothing in this
subsection shall do any of the following:
(1) Preclude or impair any person from obtaining any and all other remedies allowed by
law.
(2) Prevent a developer or operator and a surface owner from addressing the use of the
surface for oil and gas operations in a lease, surface use agreement, or other written
contract.
(3) Establish, alter, impair, or negate the authority of local governments to regulate land
use related to oil and gas operations. (2012-143, s. 4(e).)
113-424: Repealed by Session Laws 2012-143, s. 4(f), effective July 2, 2012.
113-425. Registry of landmen required.
(a) Establishment of Registry. - The Department of Environment and Natural Resources, in
consultation with the Consumer Protection Division of the North Carolina Department of Justice, shall
establish and maintain a registry of landmen operating in this State. As used in this section, "landman"
means a person that, in the course and scope of the person's business, does any of the following:
(1) Acquires or manages oil or gas interests.
(2) Performs title or contract functions related to the exploration, exploitation, or
disposition of oil or gas interests.
(3) Negotiates for the acquisition or divestiture of oil or gas rights, including the
acquisition or divestiture of land or oil or gas rights for a pipeline.
(4) Negotiates business agreements that provide for the exploration for or development
of oil or gas.
(b) Registration Required. - A person may not act, offer to act, or hold oneself out as a landman
in this State unless the person is registered with the Department in accordance with this section. To
apply for registration as a landman, a person shall submit an application to the Department on a form to
be provided by the Department, which shall include, at a minimum, all of the following information:
(1) The name of the applicant or, if the applicant is not an individual, the names and
addresses of all principals of the applicant.
(2) The business address, telephone number, and electronic mail address of the applicant.
(3) The social security number of the applicant or, if the applicant is not an individual,
the federal employer identification number of the applicant.
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(4) A list of all states and other jurisdictions in which the applicant holds or has held a
similar registration or license.
(5) A list of all states and other jurisdictions in which the applicant has had a similar
registration or license suspended or revoked.
(6) A statement whether any pending judgments or tax liens exist against the applicant.
( c) The Department may deny registration to an applicant, reprimand a registrant, suspend or
revoke a registration, or impose a civil penalty on a registrant if the Department determines that the
applicant or registrant does any of the following:
(1) Fraudulently or deceptively obtains, or attempts to obtain, a registration.
(2) Uses or attempts to use an expired, suspended, or revoked registration.
(3) Falsely represents oneself as a registered landman.
(4) Engages in any other fraud, deception, misrepresentation, or knowing omission of
material facts related to oil or gas interests.
(5) Had a similar registration or license denied, suspended, or revoked in another state or
jurisdiction.
(6) Otherwise violates this section.
( d) An applicant may challenge a denial, suspension, or revocation of a registration or a
reprimand issued pursuant to subsection (c) of this section, as provided in Chapter 150B of the General
Statutes.
( e) The Department shall adopt rules as necessary to implement the provisions of this section.
(2012-143, s. 4(g).)
113-426. Publication of information for landowners.
In order to effect the pre-lease publication distribution requirement as set forth in G.S. l 13-423(a),
and to otherwise inform the public, the Consumer Protection Division of the North Carolina Department
of Justice, in consultation with the North Carolina Real Estate Commission, shall develop and make
available a publication entitled "Oil & Gas Leases: Landowners' Rights" to provide general information
on consumer protection issues and landowner rights, including information on leases of oil or gas rights,
applicable to exploration and extraction of gas or oil. The Division and the Commission shall update the
publication as necessary. (2012-143, s. 4(h).)
113-427. Additional remedies.
The remedies provided by this Part are not exclusive and do not preclude any other remedies that
may be allowed by law. (2012-143, s. 4(i).)
http ://ncleg.net/ gascripts/ statutes/statutelookup. pl ?statute= 113 7//'X.//n1L1
OIL & GAS LEASES IN NORTH CAROLINA: LANDOWNERS' RIGHTS
Deciding whether or not to allow drilling for oil and gas on your land is a serious and difficult decision. Oil and gas
leases can impact the value of your land and how you use it. Before you sign an oil or gas lease, read the following
definitions and tips for landowners.
);:> Oil and Gas Leases. An oil or gas lease is a legal document where a landowner grants an individual or company
the right to extract oil or gas from beneath the landowner's property. Courts generally find leases to be legally
binding, so it is very important that you understand all the terms of a lease before you sign it.
);:> Hydraulic fracturing or "fracking" is a process in which water, sand and chemicals are injected deep
underground to crack shale rock and release natural gas. Hydraulic fracturing often involves horizontal drilling,
where one or more horizontal drill shafts, which can extend for up to two miles, are drilled off an existing vertical
shaft.
);:> Fracking in North Carolina. In 2012, the North Carolina General Assembly legalized fracking and horizontal
drilling by passing Session Law 2012-143 (S. 820), the Clean Energy and Economic Security Act. However,
drilling cannot take place until the North Carolina Mining and Energy Commission establishes rules for fracking,
no later than January 1, 2015. In addition, no company can drill unless it first obtains a permit from the North
Carolina Department of Environment and Natural Resources (DENR), and DENR cannot issue permits for
fracking until the General Assembly votes to allow it to.
TIPS FOR LANDOWNERS
If you're considering leasing your land for oil or gas exploration, learn about the possible risks and the protections you're
entitled to under North Carolina law.
Contact an attorney. Oil and gas leases are complex legal documents. Before you sign an oil or gas lease,
contact an attorney and ask them to review it, especially provisions about payment and damages. If you do not
know an attorney with expertise in real estate law, contact the North Carolina Bar Association at 1-800-662-7660
for a referral. You also may be able to join with neighboring landowners to consult an attorney.
Contact your mortgage lender, conservation easement holder, or Farm Service Agency office. If you have a
mortgage loan, signing an oil or gas lease could violate the terms of your mortgage. It could also prevent you
from being able to refinance your mortgage in the future. Before you sign an oil or gas lease, talk to your
lender and get their approval. If your property is subject to a conservation easement, contact your conservation
easement holder to find out about any restrictions on signing a lease. If you have received federal farm program
benefits, contact your Farm Service Agency office to find out if you face any restrictions.
Check out the landman. Oil or gas leases are often offered by salesmen called landmen. Some landmen work
for oil and gas companies; others are independent contractors. In North Carolina, anyone who contacts you to
offer you an oil or gas lease is required to register with DENR and provide his or her contact information. To
check out a landman, visit http://po1ial.ncdenr.org/web/lr/registry-of-landmen or call 919-707-8605.
Research the company. If you lease your land to a company for oil and gas exploration, you'll be dealing with
that company for years to come. Before you sign a lease, check with the North Carolina Secretary of State's
office at www.secretary.state.nc.us/corporations or 919-807-2000 to find out if the company is registered to do
business in North Carolina. Also, ask your attorney to check out the company.
Attorney General Roy Cooper NC Department of Justice www.ncdoj.gov 1-877-5-NO-SCAM
Know the risks to your land and water supply. Exploring for oil or gas on your property will likely disrupt and
possibly damage your land, your home, your crops and your water supply. Different kinds of leases allow
different levels of impact. A non-development lease allows oil or gas to be extracted, but does not allow access
to the surface of the landowner's property. A development lease allows access to the surface of the land for
drilling and operating the well. This means the operator is generally allowed to clear trees, build roads, and
construct a well pad and pipelines on your land, among other things. Each well pad disturbs 7 to 9 acres of land
on average. Drilling can also cause noise and increased truck traffic around your property.
Make sure your payment is reasonable. Oil and gas leases usually include three kinds of payments. (1) A
bonus payment is made when the lease is signed, often based on the number of acres leased. North Carolina law
requires that any bonus payment be made within 60 days of the lease being signed. (2) Payment for surface
damages to the property. North Carolina law requires that landowners be paid for any damage to livestock,
crops, timber, or personal property that's damaged, as well as for damage to an existing water supply. (3)
Royalties. Royalties are a percentage of the proceeds of the sale of any oil or gas produced, and you' 11 only
receive royalties if your land produces oil or gas. North Carolina law requires that landowners be paid a
minimum royalty of 12.5 percent for any oil or gas produced, without any deductions for costs.
Make sure it covers damages and costs. Oil and gas exploration on your property may damage your land,
home, crops and/or water supply, and you may also face unexpected costs. Provisions of the lease that spell out
how you would be paid for any damages need to be broad enough to cover all the types of damages or costs that
you may face. For example, if you farm, you could face additional federal or state taxes if a certain percentage of
your land is taken out of agricultural production due to oil and gas production. Find out whether you will be paid
back for any additional taxes you may owe.
Talk with your neighbors. There is strength in numbers, so you may want to consider negotiating your lease
together with a group of neighbors. By working together, you may be able to get more favorable lease terms,
including higher payments and better reimbursement for damages and costs.
Get all promises in writing, and get a copy of your lease. Make sure any promises or conditions you discuss
are in writing and are part of the lease. Also, be sure to get a copy of your lease. North Carolina law requires that
all leases and any lease assignments be recorded with the register of deeds for the county where the property is
located. Know that if you sign a lease to allow oil or gas drilling on your property, it may continue for many
years because the lease will last as long as oil or gas is being produced.
Get a copy of your legal protections. At the time landmen or companies offer you an oil or gas lease, they are
required to give you a copy of the North Carolina law that protects you. The law that legalized fracking also
provides important protections for landowners (see North Carolina General Statute Chapter 113, Article 27, Part
3, Landowner Protection, available online at www.ncleg.net.) A detailed summary of these protections is
available on the North Carolina Attorney General's website at www.ncdoj.gov. Ask your lawyer to be sure your
lease complies with North Carolina law or provides greater protections.
Don't be pressured to sign, and know your right to cancel. Take your time before you a sign an oil or gas
lease, and don't let high-pressure sales tactics force you to make a decision before you're ready. If you sign, you
will have seven days to cancel it under North Carolina law without any penalty. To cancel your lease, send the
company a written notice that you want to cancel.
Where to turn for help. If you have questions about oil and gas leases, contact the North Carolina Cooperative
Extension Service in your county. Visit www .ces.ncsu.edu/local-county-center or call (919) 515-2813 for a list of
Cooperative Extension county offices. If you have questions about the regulation of oil and gas exploration and
development in North Carolina, or about environmental impacts, contact DENR at www.ncdenr.org, 919-707-
8605. To report a scam or unfair business practice, contact the Attorney General's Consumer Protection Division
at www.ncdoj.gov or 1-877-5-NO-SCAM.
Attorney General Roy Cooper NC Department of Justice www.ncdoj.gov 1-877-5-NO-SCAM

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