Mercer

NOTICE

BEFORE THE VIRGINIA GAS AND OIL BOARD APPLICANT: CNX Gas Company LLC DIVISION OF GAS AND OIL DOCKET NO. VGOB 98-1117-0699-02 RELIEF SOUGHT: (1) Re-pooling; and (2) Dismissal of certain coal claimants as conflicting claimants. UNIT NUMBER: W-47 NOTICE OF HEARING HEARING DATE: February 17, 2015 PLACE: Russell County Conference Center 139 Highlands Drive Lebanon, Virginia 24266 TIME: 9:00 AM COMMONWEALTH OF VIRGINIA: To: Southern Region Industrial Realty Corporation, Pocahontas Land Corporation, Pardee Royalty LLC and Pardee Minerals LLC, White Wolf Energy, Inc., Consol Buchanan Mining Company LLC, James E. Stevenson & Freda C. Stevenson Trust, Donna C. Cottle, Michael A. Stevenson, Danny H. Stevenson, Victoria L. Elkin, Charles P. Stevenson, Tommy L. Stevenson; CNX Gas Company LLC; Delmer C. Perkins, et ux; William D. Roberts; Emory Dean Joyce; Milford Roberts, Juanita R. Pendergrass, Lillian Bales, Johnny Roberts, Lavina O. Rye, Donna Roberts, Shona Hudson, James Roberts, Goldie Ellen Roberts, Lester Roberts, Doyle Roberts, Richard Douglas Roberts, Heirs of Helen Ally Roberts; Lloyd Alfred Smith, Robert Cline, Barbara Cline, Rose Mary Cline, Diane Cline, James L. Smith, Jr., Sandra Shope, Patricia Orton, Claude R. Smith, Theodore T. Smith, Jr., Jack Geichman, W. Eugene Smith, Helen Cochran, Evelyn L. Greer, Janet Daniels, Thelma Gertrude Cawley, Virginia Juanita Jones, Heirs of Edward Lawrence Taylor, Lloyd Grant Taylor, Roger Dean Taylor, Stanley Ralph Dye, Sr., Dorothy M. Dye, Kermit Allen Dye, Ronald D. Dye, Anita Johnson, Virginia M. Smith, Susan Marie Skalniak, George Walker Selix, Diense Baniak, Ricky D. McFarland, Allen Duane McFarland, Betty Smith, Peggy Cornwell, James Alvin Smith, Roy Rogers Smith, Joanna Louise Smith, Norma Jean Akers, Heirs of George Lee Smith, John W. Smith, Thelma Faye Purdue, Ester Sue Neff, Linda Wetzel, David Ray Smith, Homer Carlos Smith, Dorothy May Delsalva, Doris Marie Todd, Cecil Dale Smith, Armond Leonard Smith, Jr., Roy Lee Smith, Clayton Carol Smith, Troy Dale Smith, Karen Nevilles, Geneva Tarbet, Harold Akers, Charles Akers, Margaret Snell, Debbie Cole, Virginia Angles, Ethel Ward, Gary Hunter Smith, Harlan William Smith, Heirs of Nila Arrington, Heirs of Edith Cook, Douglas Ray Keele, Kenneth Keele, William Keele, Nilan Ann Keele, Norma Jean Goodsey, Loraine Elswick, Thelma Kinder, Mary Johnson, Joann Hobbs, Dorothy Keen, Nancy Keen, Lucille McGlothlin, Ruby Cantrell, Gillis Christian, James Christian, Jr., Roy Christian, Heirs of Gilford Christian, David Whitt, Lloyd Whitt, Sharon Whitt, Sharon Christian, Dennis Christian, Regina Christian, Dorothy Satterfield, Deborah Guthrie, Michael Kinder, Timothy Allen Kinder, Ivory Juanita Sims, Emily Brown, Roger Short, Connie Stiltner, Harold K. Ward, Valerie Roberts, Rodney D. Ward, Melissa Keen, Amos Dwayne Keene, Anthony Keene, Heirs of Teresa Ball, Susan Cordle, Geneva Melvin, Heirs of Bonnie Dyer, Ginger K. Bush, Mark Steven Boyd, Roberta Allison Boyd, Sue Boyd, Linda Collins, Barbara Jeanette Johnson, Paulina Taylor, Alice Faye Kinder, Paul R. Kinder, Carl Douglas Kinder, Ethel Whitt, Heirs of Edgar Allensworth, Frances Kinder, Aaron G. Brewster, Inez Wallace, Larry Davidson, Kortnee Byrd, Justin Byrd, Della Ann Hoops, Cecil Vencill, Anna “Jane” Vencill, Herbert H. Taylor, Patricia Dunn, Louise Luck, Betty Sue Stanley, Shirley Harris, Marie Dye, John L. Coleman, Larry Coleman, Heirs of James Coleman, Joseph Reece Brown, Heirs of Jack Thomas Brown, Heirs of William Frank Brown, Ivory Allison Brown, Donald Lee Wells, Edward Allen Wells, Edward Allen Wells, Judy Senter, Peggy Cornett, Anita S. Boland, Roy Stanley Sluder, David W. Sluder, Melinda S. Hailey, Otis F. Doughten, Roy Mitchell Hicks, III, Teresa L. Coleman, Tammy Rhoten, Heirs of Roger Allen Hicks, Heirs of Kenneth Lee Hicks, Linda Hicks Tomlin, Thelma Powers, Brenda Buono, Linda Mahoney, Vivian Beach, William David Vencill, Frieda Mae Tench, Carol E. Kemp, Wanda Faye Cameron, Shelby Harris, Robert Millard Vencille, Cara M. Melton, Patsy Deloris Vencill, Guy Thomas Vencill, Karen Bowman, Allen Vencill, Gary Vencill, Jim Vencill, Rick Vencill, Timothy Vencill, Kevin Vencill, James Albert Vencill, Altie Helton, Bethel Arnold,; William Perkins; Commonwealth of Virginia; Unknown heirs of S.D. Sayers; Yvonne Cash 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 claimants, but only to the extent they are not parties to a royalty split agreement(s): Southern Region Industrial Realty Corporation, Pocahontas Land Corporation, Pardee Royalty LLC and Pardee Minerals LLC, White Wolf Energy, Inc., Consol Buchanan Mining Company LLC (regarding Tracts 1A, 1D, 1E, 1F, 1H, 1I, 1J, 1K, 1L as listed on Exhibit B-2) 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 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: $607,797.10; (W47 $237,979.10 & W47A $369,818.00) 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 February 17, 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: January 16, 2015 CNX GAS COMPANY LLC BY ITS PROFESSIONAL MANAGER CNX GAS COMPANY LLC, PETITIONER By: Anita D. Duty Pooling Supervisor 2481 John Nash Blvd. Bluefield, West Virginia 24701