Mercer

NOTICE

BEFORE THE VIRGINIA GAS AND OIL BOARD APPLICANT: CNX Gas Company LLC DIVISION OF GAS AND OIL DOCKET NO. VGOB 15-0616-4070 RELIEF SOUGHT: POOLING UNIT NUMBER: BB-55 NOTICE OF HEARING HEARING DATE: June 16, 2015 PLACE: Russell County Conference Center 135 Highlands Drive Lebanon, Virginia 24266 TIME: 9:00 AM COMMONWEALTH OF VIRGINIA: To: Jewell Ridge Coal Corporation; David W. Strouth, et al including David Wayne Strouth, Mary Elizabeth Strouth, Kayla Nicole Strouth; Thomas E. Burnett, et ux; Elizabeth Lowe heirs including Wayne Alley, Jeremy Altizer, Joseph W. Altizer, II, Joey Altizer, POA for John Altizer, Leslie E. Fletcher, Powell Lowe Family, Ruth Ogan, Bobby Pendergrass, Terry L. Holley, Kyle Pendergrass, Elizabeth Smith, Patricia Richardson, Vandora L. Holt, unknown heirs of Ruth Lowe Ellis, Jerry Wade Lowe, Phyllis Jean Dotson, Debbie Jones, April Dixon, Wanda Salyers, Debbie Jones, Sherri Jackson, Richard Dale Lowe, unknown heirs of Anna Marie Kinder, unknown heirs of Gaynelle L. Lowe 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: Pooling. 3. Proposed provisions of order: (a) Pooling all the interests and estates of the persons named above in coalbed methane in the unit in question; (b) Establishing a procedure whereby each respondent shall have the right to make elections; (c) 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; (d) Designating CNX Gas Company LLC as Unit Operator; (e) Making any necessary provisions for the escrow of funds; (f) 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. 4 VAC 25-160-10 et seq. 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. Swords Creek Land Partnership v. Belcher, et al., #131590, September 12, 2014. 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 pooled 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: $743,639.00 (BB55 $365,286.00 & BB55A $378,353.00) 10. Attestation: The foregoing application 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 June 16, 2015, at the Russell County Conference Center, 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, Division of Gas and Oil, P. O. Box 159, Lebanon, Virginia 24266, 276/415-9650 or the Applicant at the address shown below. DATED: Friday, May 15th, 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