BEFORE THE VIRGINIA GAS AND OIL BOARD APPLICANT: CNX Gas Company LLC DIVISION OF GAS AND OIL DOCKET NO. VGOB 13-1217-4027-01 RELIEF SOUGHT: : (1) Re-pooling; and (2) Dismissal of certain coal claimants as conflicting claimants. UNIT NUMBER: AW-146 NOTICE OF HEARING HEARING DATE: April 21, 2015 PLACE: Russell County Conference Center 135 Highlands Drive Lebanon, Virginia 24266 TIME: 9:00 AM COMMONWEALTH OF VIRGINIA: To: Southern Region Industrial Realty Corp., Pardee Royalty LLC and Pardee Minerals LLC, White Wolf Energy, Inc., CNX RCPC LLC, Consol Amonate Mining Company, LLC, Sydney L. Asbury, Rosalind M. Black, Norfolk Southern Railway Company c/o Pocahontas Land Corporation, Beulah Gay Whitt, Roger D. & Shirley Louise Hale, Chester Mitchell, et ux, Ivory I. Brown, Commonwealth of Virginia, Allen Browning, et ux, Bobby W. Hale, Sr., James R. Estep, Buck Jewell Resources, LLC, Glen Roberts, et ux, Dewey Meadows heirs including Charles G. Lawson, Gerald W. Begley, Patrick Crawford, Donald Crawford, Melody Rehm, Susan Pacitto, Srene Crawford, Jody Justin Crawford Heirs, Ronald Brian Webb, Larry Lowe, David Lowe, Darrell Lowe, Timothy Lowe, Jeri Lynn Rhodes Heirs, Ronald H. Hoffecker, Robert Hoffecker, Cheryl Stone, Vicki Butcher, Frances Henry Heirs, Robert L. Napier, William Matthew Napier, Deborah Napier, James H. Mullens, III, John Mullens, Donald G. Goff, Amy Weldon, Greata Hess Mullins, Archie A. Mullens, Thomas K. Mullens, Jr., Marilyn Frasier Heirs, Richard Shortridge, Gayle Horton, William M. Shortridge, Mary Donna Altizer, Eddie A. Shortridge, Charlotte L. Jamison Robinson, Malcolm Thurston Robinson, Jr., Elizabeth R. Robinson, Pauline R. Meadows, Christine Gilsdorf, Laura Butler, Lisa Atkin, Matt Augustine, Jason Augustine, Mark Augustine, Megan Parks, Edward A. Meadows, Jr., Delores Stinson, Dana Carlisle, Judy Meadows Hooker, Margaret M. Barnes Heirs, Eva Goins Wright, Cabot Oil & Gas Corporation, CNX Gas Company LLC, Thomas Allen Blankenship, Tamie Reedy, Lena Stinson, Janice Barrett, J.W. Blankenship, Unknown Heirs of Lawrence Stinson, Lena Stinson 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 Corp., Pardee Royalty LLC and Pardee Minerals, LLC, White Wolf Energy, Inc., CNX RCPC LLC (regarding tracts 1, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 2I, 2J, 2K, 2L, 2M, 2N, 2O, 2P, 2Q, 2R, 2S, 2T, 2U, 2V); Consol Amonate Mining Company LLC (regarding tracts 3A, 3B, 3C, 6) 1. 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. 2. 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. 3. Type of well(s): Coalbed methane. 4. 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. 5. Your interest or claim sought to be repooled by this Application pertains to coalbed methane gas. 6. 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. 7. Estimate of allowable costs: $695,409.00; (AW146 $316,574.00 & AW146A $378,835.00) 8. 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 April 21, 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, March 20, 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
NOTICE
010059827 March 25
AIR QUALITY PERMIT NOTICE
Notice of Intent to Approve
On October 23, 2014, Dynamic Industries, Inc. (Dynamic) applied to the WV Department of Environmental Protection, Division of Air Quality (DAQ) for a permit to construct a paint spraying area and abrasive blasting area within their facility located at 8000 Industrial Park Road, Morgantown, Monongalia County, WV 26507 at latitude 39.603044 degrees and longitude -79.974171 degrees. A preliminary evaluation has determined that all State and Federal air quality requirements will be met by the proposed facility. The DAQ is providing notice to the public of its preliminary determination to issue the permit as R13-3219.
The following potential emissions will be authorized by this permit action: Total Particulate Matter, 14.1 tons per year (TPY); Volatile Organic Compounds, 47.6 TPY; Combined HAPs, 21.2 TPY; Ethylbenzene, 2.9 TPY; Xylene (isomers and mixture) 9.2 TPY; Glycol Ethers 2.0 TPY; Methyl Isobutyl Ketone 1.0 TPY; Toluene 6.2 TPY.
Written comments or requests for a public meeting must be received by the DAQ before 5:00 p.m. on April 24, 2015. A public meeting may be held if the Director of the DAQ determines that significant public interest has been expressed, in writing, or when the Director deems it appropriate.
The purpose of the DAQ’s permitting process is to make a preliminary determination if the proposed construction will meet all State and Federal air quality requirements. The purpose of the public review process is to accept public comments on air quality issues relevant to this determination. Only written comments received at the address noted below within the specified time frame, or comments presented orally at a scheduled public meeting, will be considered prior to final action on the permit. All such comments will become part of the public record.
John Legg
WV Department of Environmental Protection
Division of Air Quality
601 57th Street, SE
Charleston, WV 25304
Telephone: 304/926-0499, ext. 1257
FAX: 304/926-0478
Additional information, including copies of the draft permit, application and all other supporting materials relevant to the permit decision may be obtained by contacting the engineer listed above. The draft permit and engineering evaluation can be downloaded at:
www.dep.wv.gov/daq/Pages/NSRPermitsforReview.aspx