Mercer

NOTICE

BEFORE THE VIRGINIA GAS AND OIL BOARD APPLICANT: CNX Gas Company LLC DIVISION OF GAS AND OIL DOCKET NO. VGOB 93-0420-0358-03 RELIEF SOUGHT: : (1) Re-pooling; and (2) Dismissal of certain coal claimants as conflicting claimants. UNIT NUMBER: N-40 NOTICE OF HEARING HEARING DATE: May 26, 2015 PLACE: Russell County Conference Center 135 Highlands Drive Lebanon, Virginia 24266 TIME: 9:00 AM COMMONWEALTH OF VIRGINIA: To: P.J. Brown Heirs, et al including Mary Ann Mullins Trust, Susan G. Maynard Trust, Lynn A. Lawson Trust, Charles R. Mullins & John Robert Mullins, II, Trust c/o John Taylor, James F. Thompson, Janie T. Hall, Oscar W. Thompson, III, William T. Scott, John H. Scott, III, Suzy J. Delong Trust, Charles R. Vanhoose Trust, William C. Vanhoose Trust, Cassady Family Ventures, LLC, Jennifer Lynn Ramsey, Unknown Heirs of James P. Ramsey, Jr., Susan Joyce Ramsey Aldrich, Joe B. Ramsey, Sr., William N. Ramsey, Jr., Teddy Colley, Eleanor Lynette Lemaire, Waban Page Carter, Johnnye Juan Carter Letterman, Toni Bates McGowan, Gillespie Company, Eldridge Brown Company c/o Gertrude Brown, Charles Robert McKenry, Nancy McKenry Goss, James Reindhardt McKenry, Jr., Monica Cole McKenry Johnson, Margaret Nash, John A. McKenry, III, Elizabeth A. Mayhew, Cynthia McKenry-Therrien, Natalie Sue McKenry Callis, Ellen Allen, Eloise G. McKenry Trust, Claire C. McKenry, Rodney Lynn Brown, Sarah Arlene Brown Buchanan, Martha B. and Robert W. Short, Buford Earl Steele, Kenneth Carter, Tina Carter, David Carter, Jennifer Wiles, Roberta C. Grove, Shirley G. Singhas, Amber Frazier, Roxie Brown, Brenda Owens Brown Powell, Nora Catherine Damron, Virginia Brown Palmer, Benjamin Patton Brown, Charles Henry Brown, William David Brown, Eugene L. Brown, Jr., Joseph B. Martin, Jr., Morris R. Lee, Barbara Taylor Pauley, Glenn C. Taylor; Ruth Culbertson heirs including George M. Culbertson, William A. Culbertson, Carole Culbertson Meade, Nancy Culbertson Ratliff, Cora Metcalf Franks Estate c/o JC Franks, Consolidation Coal Company, Ronald Clyborne; CNX Gas Company LLC; Scott A. Sweeney, et al including Scotty Allen Sweeney and Athleen Sweeney; Pamela Brownn Taylor, et al including Pamela Brown Taylor, Robin Viets Fields, Myra Brown Poseno Mullins 1. Applicant and its counsel: Applicant is CNX Gas Company LLC, 2481 John Nash Blvd., Bluefield, West Virginia 24701, 304/323-6500. Applicant’s counsel is Mark A. Swartz, Hilliard & Swartz, LLP, 122 Capitol Street, FL 2, Charleston, WV 25301. 2. Relief sought: (1) Re-Pooling and (2) dismissal of the Respondents named in this paragraph 2 as respondents and as conflicting claimaints, but only to the extent they are not parties to a royalty split agreement(s): Ruth Culbertson heirs including George M. Culbertson, William A. Culbertson, Carole Culbertson Meade, Nancy Culbertson Ratliff, Cora Metcalf Franks Estate c/o JC Franks, Consolidation Coal Company, Ronald Clyborne (Tracts 2B, 2C and 2D only) 3. Proposed provisions of order: (a) Pooling all the interests and estates of the persons named above in the coalbed methane in and/or produced from the unit in question; (b) dismissing the respondents/coal owners named at paragraph 2 above and their conflicting claims, but only to the extent they are not subject to a split agreement(s); (c) Establishing a procedure whereby each respondent shall have the right to make elections; (d) Providing that any respondent who does not make a timely election shall be deemed to have leased or assigned his coalbed methane gas interests to the applicant at a rate to be established by the Board; (e) Designating CNX Gas Company LLC as Unit Operator; (f) Making any necessary provisions for the escrow of funds; (g) Granting such other relief as is merited by the evidence and is just and equitable, whether or not such relief has been specifically requested herein. 4. Legal Authority: Va. Code Ann. ?45.1-361.1 et seq., specifically including without limitation by reason of enumeration ?? 45.1-361.13, 45.1-361.14.B, 45.1-361.15.A.3, B.2, B.10, B.12,361.19.A., 45.1-361.21:1, 45.1-361.22.1, .5; 4 VAC 25-160-10 et seq.; Swords Creek Land Partnership v. Belcher, et al., #131590, September 12, 2014; and relevant Virginia Gas and Oil Board Orders heretofore promulgated pursuant to law including OGCB 3-90; VGOB-91-1119-162; VGOB 92/02/16-0336; and VGOB 93/03/16-0349. 5. Type of well(s): Coalbed methane. 6. Plat: Annexed hereto are Exhibit A, Exhibit A1 and the Tract Identifications for Exhibit A. The Plat shows the size and shape of the unit and the boundaries of the tracts within the unit. The Tract Identification page shows the percentage of acreage in each tract. The plat is certified by a licensed professional engineer and is attested by the undersigned on behalf of the applicant to be in conformity with existing orders issued by the Board. 7. Your interest or claim sought to be repooled by this Application pertains to coalbed methane gas. 8. Formation(s) to be produced and estimates: All coal seams and associated strata below the Tiller seam of coal all as more particularly described in the annexed proposed order. The estimated total production from subject unit is 125 to 550 MMCF. The estimated amount of reserves from the subject drilling unit is 125 to 550 MMCF. These figures concerning estimated production and the amount of reserves are, however, estimates only that are not based upon actual production and should not be relied upon for any purpose. It should not be assumed that final production before plugging and abandonment will equal estimated reserves. 9. Estimate of allowable costs: $762,718.79; (Well 608 $215,122.88, Well 611 $248,834.91 & N40A $298,760.00) 10. Attestation: The foregoing Notice to the best of my knowledge, information, and belief is true and correct. NOTICE IS FURTHER GIVEN that this cause has been set for hearing and the taking of evidence before the Board at 9:00 AM, on May 26, 2015, at the Russell County Government Conference Center, 139 Highlands Drive, Lebanon, Virginia 24266, and that notice will be published as required by law and the Rules of the Board. NOTICE IS FURTHER GIVEN that you may attend this hearing, with or without an attorney, and offer evidence or state any comments you have. For further information or a copy of the Application and Exhibits, either contact the Virginia Gas and Oil Board, State Oil and Gas Inspector, Department of Mines, Minerals and Energy, the Division of Gas and Oil, 135 Highland Drive, Lebanon, Virginia 24266, 276/415-9650 or the Applicant at the address shown below. NOTICE IS FURTHER GIVEN that any coal owner identified at paragraph 2 above who does not appear at the said hearing and provide the Board with evidence and/or a credible theory/argument that he/she/it has a good faith basis under existing law to claim an interest in the coalbed methane produced from the Unit, is subject to dismissal as a pooled respondent and as a conflicting claimant to coalbed methane royalties, working interest and/or carried interest. DATED: Friday, April 24, 2015. CNX GAS COMPANY LLC BY ITS PROFESSIONAL MANAGER CNX GAS COMPANY LLC, PETITIONER By: Anita D. Duty Pooling Supervisor CNX Land LLC 2481 John Nash Blvd. Bluefield, WV 24701

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