Re-establishment of Survey Monuments in Association with Coal Lease Relinquishment

Coal Purpose: This instruction memorandum (IM) establishes procedures for the relinquishment of coal leases and re-establishment of survey monuments that have been destroyed or disturbed by mining operations.

Administrative or Mission Related: Administrative

Policy/Action: The terms and conditions of coal leases contain requirements to re-establish any Public Land Survey monuments that have been disturbed or destroyed by mining operations and ancillary activities related to the mining. Attachment 1 outlines the procedures required by the Wyoming State Office for the reestablishment of survey monuments when an applicant moves to relinquish all or a portion of a coal lease.

Timeframe: This IM is effective upon receipt and will remain in effect until further notice.

Budget Impact: There is no budget impact associated with implementation of this IM.

Background: All coal leases issued by the Wyoming State Office contain a provision requiring that Public Land Survey monuments must be re-established when disturbed by mining activities. The Branch of Solid Minerals works with the Branch of Cadastral Survey to ensure that monuments are properly re-established by surveyors licensed by the State of Wyoming.

Manual/Handbook Sections Affected: None.

Coordination: This IM was coordinated with the Branch of Cadastral Survey. Contact: All questions regarding this memorandum should be directed to Chief, Branch of Solid Minerals, Wyoming State Office at (307) 775-6179 or the Chief, Branch of Cadastral Survey at (307) 775-6225.

Signed by: Authenticated by: Duane Spencer Stacy (Dean) Whitt Deputy State Director State Director’s Office Minerals and Lands 1 Attachment: Relinquishment Procedures for Wyoming Coal Leases – Full and Partial Relinquishment (4p) Distribution: Field Managers 1 (w/attchs.) CF 2 (w/attchs.) 1 Bureau of Land Management RELINQUISHMENT – Federal Coal Leases (43 CFR 3452.1-1.3) - Relinquishment Relinquishment Procedures for Wyoming Coal Leases – Full and Partial Relinquishment When re-establishing Public Land Survey System monuments, either to satisfy State or Federal requirements for relinquished Federal coal leases, the mining company (company) or their assigned Professional Land Surveyor should consult with the Bureau of Land Management (BLM) Cadastral Survey to verify requirements for re-monumentation.

Requirements: 1. Company submits a relinquishment request, in triplicate, to the BLM, Wyoming State Office (WYSO), Branch of Solid Minerals. The request should include the Federal coal lease number, associated legal description representing the area for relinquishment, total acres included in the relinquishment and the number of acres retained if the relinquishment will be partial. Included with the request should be documentation certifying that Phase I Bond Release has been achieved. NOTE: When a company considers a partial relinquishment, a lot within a lease cannot be subdivided for relinquishment purposes, noting that lots can only be relinquished in the manner the lots were leased. (See 3A below).

2. Upon receipt of the relinquishment request by the WYSO, Branch of Solid Minerals the following steps are followed: A. The WYSO, Branch of Solid Minerals will submit a Land Survey Services Request (LSSR) to Cadastral for review. Cadastral then conducts a Land Surveyor Review (LSR) to determine that land descriptions comply with ‘Specifications for Descriptions of Land’ (2017). The average turnaround for review is 3-5 days. Except for the unusual situation when there are ‘at risk’ townships (as described in 5E below), this review verifies that the relinquishment request matches the Lessee’s request for survey services. B. Based on the relinquishment request from the company the Branch Chief, Solid Minerals will request a report from the appropriate office with oversight addressing: 1. Objections to accepting the relinquishment (i.e., surface management agency or surface owner), 2. Whether the public interest will be impaired, 3. Whether the lease account is in good standing (lease account status to Office of Natural Resources Revenue), 4. Whether all the Lessee's obligations have been met, and 5. Whether liability under the lease bond can be terminated. 2

3. The WYSO, Branch of Solid Minerals will submit a courtesy copy of the completed LSSR and LSR to the appropriate office. This documentation is NOT proof of monumentation sufficiency (see 7 below) but only serves as feedback, noting any discrepancies between the parcels requested for relinquishment, the leased parcels, and the official record. A. Information regarding subdividing lots only applies if leased as lots. Lots do not have aliquot part characteristics. Subdivision of a lot renders the description ambiguous. It is acknowledged that the practice of subdividing lots was common at the time some leases were issued, noting it is no longer an accepted practice. Parcels that were described in this manner within a lease will be relinquished as described; however, any lot that was not described as partial within the lease, cannot be subdivided now for relinquishment. NOTE: There are other lease actions, such as segregations, when a lot can be subdivided. This action, however, requires cost recovery for cadastral to create a supplemental plat in order to subdivide, calculate acreages, and re-number a lot.

4. Once the appropriate office with oversight has considered the findings in the LSR and submitted their report to the Authorized Representative, the WYSO, Branch of Solid Minerals will proceed to Step 5.

5. The WYSO, Branch of Solid Minerals will send a reply to the Lessee (requestor) notifying what their responsibilities are and what to expect in the process. The reply will include: A. Acknowledgement of land description review and notification if changes need to be made. B. Confirmation of where the stipulations are in their lease documents and provide a copy of the additional requirements for the surveyor. INCLUDE REFERENCE TO THE FOLLOWING INFORMATION: C. Federal coal leases managed by the BLM contain the stipulation that if survey monuments, witness corners, reference monuments, or bearing trees are destroyed, obliterated, or damaged during operations, the Lessee will hire an appropriate county surveyor or Professional Land Surveyor to reestablish or restore the monuments, corners, or accessories at the same location, using surveying procedures in accordance with the "Manual of Surveying Instructions for the Survey of the Public Lands of the United States" (the Manual). The restoration must comply with the Corner Perpetuation and Filing Act, Wyoming Statutes, Section 33-29-140, et. seq., and the Rules and Regulations of the Board of Registration for Professional Engineers and Professional Land Surveyors. For each restored monument, a record of survey and a State of Wyoming Corner Record must be filed in the respective county maintaining those records. In addition, the surveyor shall submit copies of these survey records to the Chief Cadastral Surveyor, BLM Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82009. Our 3 Chief Cadastral Surveyor will certify that the restoration was completed, and the records were filed in accordance with the lease stipulation ( See H-9600-1 C2 – Cadastral Survey Handbook).

In addition, the following requirements must be met: 1. The registrant shall use, as a minimum durable monument: a galvanized iron, stainless steel, or aluminum pipe not less than twenty-four (24) inches in length and not less than two (2) inches in diameter with a metallic cap not less than two and one-half (2.5) inches in diameter securely fastened to the top. The caps shall be uniquely marked for each corner monumented as described in Chapter IV of the Manual, along with the registrant’s Wyoming Registration Number.

2. All original corner monuments consisting of a stone or wood post or evidence of original monument used for this survey shall be re-monumented, to perpetuate the position of that corner, using a monument which complies with the minimum monument standard above.

3. All monuments previously set during a state authority survey recovered and used during this survey that do not comply with the minimum monument standard stated above, shall be re-monumented with a monument that does comply with these minimum monument standards.

4. Bearings reported on plats shall refer to geodetic north and all distances shall be reported at ground level. D. The BLM prefers and recommends the placing of monuments after topsoil replacement and seeding has occurred. This is considered the “Best Practice” by the BLM to further prevent and reduce the potential for disturbance or destruction of Federal Survey monuments by equipment utilized in the placement and seeding of topsoil. E. The lessee is required to hire a Wyoming licensed Land Surveyor to resurvey and re-monument where ground disturbance has occurred. Please contact the Branch Chief, Cadastral Survey for further information. If your surveyor has any questions, they should contact BLM Cadastral Survey. If there are complicating factors involved in the resurvey of a township, BLM Cadastral Survey will provide survey services reimbursable by the lessee.

6. Upon completion of the above information, the WYSO, Branch of Solid Minerals will send a letter to the appropriate office requesting a report certifying that all economic reserves have been exhausted, that the required stage of reclamation has been reached, and that a relinquishment inspection has been completed. The request for report includes the Federal lease number, land description, and a copy of the relinquishment request. 

7. Once Cadastral has received all required survey documents showing proof of monumentation sufficiency, Cadastral will send email confirmation to the mining company, the surveyor, the WYSO, Branch of Solid Minerals (Branch Chief, Mining Engineer, and Land Law Examiner).

8. After final inspection by BLM’s mining engineers, a relinquishment decision will be sent by the WYSO, Branch of Solid Minerals to the Lessee of record, Office of State Lands and Investments, Wyoming Department of Environmental Quality, and Office of Surface Mining Reclamation and Enforcement. NOTE: The relinquishment request is not final until a decision stating that the relinquishment request has been granted, signed by the BLM’s State Director, is sent to the Lessee of record.