2008-07-16_REVISION - C1980007 (3)

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1BLA 2007-213 easternmine area. These-GH-V locations. are not correlated, on any maps in the t:ecord; with ownership-of the surface or the mineral estate by private or public enrides. At least one GHV is alleged to be located on Federal surface. The parties agree that the vent holes are venting or will vent huge amounts of methane gas into the atmosphere. Vessels claims that "approximately 2.5 billion cubic feet of methane is or will be vented from each mine panel at the Aberdeen Mine through Vertical Drillholes," Vessels Ex. E, Affidavit of Thomas Vessels, at 16 (emphasis added). BLM's decision asserts that the Aberdeen Mine already has "vented S to 10 billion cubic feet of mixed methane, hydrogen sulfide, and atmospheric gas into the environment." Decision at 2, Unlike VAM, which is mixed with ambient air pulled into the mine, the methane from the gob hole vents is anticipated to contain a comparatively high concentration of methane. See Vessels Ex. H, Aug. 21, 2006, e-mail from Douglas Cook, Chief, Division of Fluid Minerals, Utah State Office, BLM, to Tim Spisak, Chief, Division of Fluid Minerals, Washington Office, BLM ("GOB gas ... is about 95% methane, so little has to be done to make it marketable"). While the actual concentration of methane at any particular GiV is not documented in this record, the relatively high inethane concentration ar the vents of VAE's state-of-the-art gob gas venting system raises the potential that the gas may be marketable. At the same time, release into the atmosphere of billions of cubic feet of methane also raises an environmental issue for the EPA., which is responsible for regulating air pollutants. The EPA promotes a "Methane to Markets Partnership" initiative to "reduce global methane emissions to enhance economic growth, promote energy security, improve the environment, and reduce greenhouse gases" by encouraging cost-effective, near-term methane recovery in four sectors, vwvw.eptc,gov/methanetomarkets, one sector is coal mines. The EPA explains the importance of cooperation with and participation by the coal mining industry in its discussion of the "Methane Outreach Program." www.epa.gov/cmop. The goal of this program is "to promote the profitable recovery and use of coal mine methane (CMM), a greenhouse gas more than 20 times as potent as carbon dioxide." Id. Consistent with the EPA's directive, UAE and Oso ail and Gas Properties, LLC. COso), entm-rAL1ntaL_a private Opera ting?gxee ari-14T2(106We do not - - have a copy of this private agreement; nor are any background facts leading to the parties' decision to enter into this agreement found in the record $ Where appeals to be consensus that under the terms of this agreement, Oso would capture mine gas emitted from vent holes on the surface and, if feasible, gather and transport methane to market for any treatment and sale. UAE does not dispute that it receives 5 Vessels has attached as Ex. J the first and last pages of the Operating Agreement. 175 TBLA 12 •l •.n ,nitn Fib Anil Tfi"" t Vv.I 17C:4T Qnniii.zian