A North Carolina Surface Use Agreement is a legal document that outlines the terms and conditions for the use of the surface area above an oil or gas well where the operator's production equipment is to be located in cellars. This agreement is commonly used in the oil and gas industry to establish the rights, responsibilities, and compensation between the operator and the surface owner. In North Carolina, there are various types of Surface Use Agreements when the operator's production equipment is to be located in cellars. These agreements can be categorized based on the duration, scope, and specific terms included. Below, we will list some common types: 1. Temporary Surface Use Agreement: This agreement is typically used for short-term projects, such as drilling exploratory wells or conducting well maintenance activities. It outlines the duration of the agreement, compensation, surface restoration requirements, and any special conditions or restrictions. 2. Lease Agreement: A lease agreement allows the operator to have long-term access to the surface area above the well for production purposes. It often includes provisions related to the payment of royalties, surface damages, access rights, environmental protections, and ongoing obligations of both parties. 3. Easement Agreement: This type of agreement grants the operator a specific right of way or access to the surface area above the cellars. It may involve the construction and maintenance of access roads, pipelines, and other necessary infrastructure. Compensation and terms are negotiated based on the duration and impact of the easement. 4. Joint Use Agreement: In situations where multiple operators share a common well pad or production facility, a joint use agreement is employed. This agreement establishes the responsibilities, liabilities, and usage rights of each operator regarding the cellars and their production equipment. 5. Environmental Protection Agreement: This type of agreement focuses primarily on ensuring compliance with state and federal environmental regulations while operating in or near cellars. It typically covers topics like spill prevention and response plans, waste management, dust control, noise mitigation, and reclamation measures. Regardless of the type, a North Carolina Surface Use Agreement when Operator's Production Equipment to Be Located in Cellars will generally include provisions for compensation, surface restoration, access rights, safety protocols, and liabilities. All relevant parties must carefully review and negotiate the terms to ensure a fair and mutually beneficial agreement. Legal advice from qualified professionals is recommended before entering into any surface use agreement.