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VIRGINIA: BEFORE THE VIRGlMA GAS AND OIL BOARD SUPPLEMENTAL ORDER REGARDlNG DOCKET NUMBER VGOB-01-0320-0874 ELECTIONS: UNIT AX-113 (herein "Subject Drilling Unit" ) REPORT OF BOARD FINDINGS AND ORDER This Supplemental Order is entered by the Board sua sponte in the form authorized by the Board at hearings held on February 15, 1994 and June 16, 1992; and this Supplemental Order is being recorded for the purpose of supplementing the Order previously in the captioned matter on April 26, 2001 which was recorded at Deed Book 525, Page 1 in the Oflice of the Clerk of the Circuit Court of Russell County, Virginia, on May 2, 2001, (herein "Board Order*') and completing the record regarding elections. Findings: The Board Imds that: The Board Order directed POCAHONTAS GAS PARTNERSHIP (herein "Designated Operator" ) to mail copies of the Board Order to all Respondents whose interests, if any, were pooled by the said Board Order; The Designated Operator 6led its afndavit of elections disclosing that it had mailed a true and correct copy of the Board's Order to all Respondents whose interests, if any, were pooled by said Board Order; The Board Order required each Respondent whose interests, if any, were pooled by the terms of said Board Order to make an election within thirty (30) days aller the date of mailing or recording, as applicable, of said Order; the aflldavit of elections 61ed herein and annexed hereto as Exhibit A states: (i) whether each Respondent has made or failed to make a timely election; (ii) the nature of any election(s) made; and (iii) whether, by reason of a Ihilure to elect or to timely elect one or more Respondents are deemed, under the terms of the Board's Order, to have leased all their rights, title, interests, estates and claims in Subject Drilling Unit to the Applicant; That the aflidavit ofelections annexed hereto with the Exhibits submitted therewith identi6es the Respondent(s) making a timely election, if any; identifies the Respondent{s), if any, who are deemed to have leased; identiIies the conIIicting interests and claims which require escrow; identifies the interests and claims, if any, requiring escrow under Virginia Code section 45. 1-36121. D. ; and identifies the Respondents, if any, who may be dismissed by reason ofhaving leased or entered into a voluntary agreement with the Applicant The a%davit of elections indicates that the escrow of funds is required with regard to Unit AX-113; Order: By this Order, the Board orders the Designated Operator to tender, consistent with and in accordance with the Imdmgs set forth at paragraph 2. above and the annexed a%davit of elections with Exhibits thereto, any funds subject to escrow and instructs the Escrow Agent, First Union National Bank, Corporate Trust PA1328, 123 Broad Street, Philadelphia, PA 19109-1199,Telephone: (215) 985-3485 or {800) 664-9359, Attn: Don Ballinghoff or any successor named by the Board to establish interest bearing escrow account(s), IRS Tax Identili~on Number 54-1629506, in accordance with the information set forlh in the aflidavit of elections with Exhibits thereto, to receive funds and account to the Board therefore.
Transcript

VIRGINIA:

BEFORE THE VIRGlMA GAS AND OIL BOARD

SUPPLEMENTAL ORDER REGARDlNG DOCKET NUMBER VGOB-01-0320-0874

ELECTIONS: UNIT AX-113(herein "Subject Drilling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sua sponte in the form authorized by the Board at hearings

held on February 15, 1994 and June 16, 1992; and this Supplemental Order is being recorded for the purpose ofsupplementing the Order previously in the captioned matter on April 26, 2001 which was recorded at Deed Book525, Page 1 in the Oflice ofthe Clerk ofthe Circuit Court of Russell County, Virginia, on May 2, 2001,(herein"Board Order*') and completing the record regarding elections.

Findings: The Board Imds that:

The Board Order directed POCAHONTAS GAS PARTNERSHIP (herein "Designated Operator" ) to mail

copies of the Board Order to all Respondents whose interests, if any, were pooled by the said Board Order;

The Designated Operator 6led its afndavit ofelections disclosing that it had mailed a true and correct copy ofthe Board's Order to all Respondents whose interests, ifany, were pooled by said Board Order;

The Board Order required each Respondent whose interests, if any, were pooled by the terms of said BoardOrder to make an election within thirty (30) days aller the date ofmailing or recording, as applicable, of said Order;

the aflldavit ofelections 61ed herein and annexed hereto as Exhibit A states: (i) whether each Respondent has

made or failed to make a timely election; (ii) the nature ofany election(s) made; and (iii) whether, by reason ofa Ihilure to elect or to timely elect one or more Respondents are deemed, under the terms ofthe Board's Order, tohave leased all their rights, title, interests, estates and claims in Subject Drilling Unit to the Applicant;

That the aflidavit ofelections annexed hereto with the Exhibits submitted therewith identi6es the Respondent(s)

making a timely election, ifany; identifies the Respondent{s), ifany, who are deemed to have leased; identiIies the

conIIicting interests and claims which require escrow; identifies the interests and claims, if any, requiring escrowunder Virginia Code section 45.1-36121.D.; and identifies the Respondents, if any, who may be dismissed byreason ofhaving leased or entered into a voluntary agreement with the Applicant

The a%davit ofelections indicates that the escrow offunds is required with regard to Unit AX-113;

Order: By this Order, the Board orders the Designated Operator to tender, consistent with and in accordancewith the Imdmgs set forth at paragraph 2. above and the annexed a%davit ofelections with Exhibits thereto, anyfunds subject to escrow and instructs the Escrow Agent, First Union National Bank, Corporate Trust PA1328,123Broad Street, Philadelphia, PA 19109-1199,Telephone: (215) 985-3485 or {800) 664-9359, Attn: DonBallinghoff or any successor named by the Board to establish interest bearing escrow account(s), IRS TaxIdentili~on Number 54-1629506, in accordance with the information set forlh in the aflidavit ofelections with

Exhibits thereto, to receive funds and account to the Board therefore.

I'tPj

t l g

Mailing ofOrder and F11inq ofAffidavit: The Designated Operator under the captioned Order or shall file an

affidavit with the Secretary of the Board within ten (10}days after the date ofreceipt ofthis Order stating that atrue and correct copy ofthis Order was mailed to each Respondent whose interests or claims are subject to escrow

and whose address is known within seven seven (7) days fiom the date ofreceipt of this Order.

Conclusion: Therefore, the findings and all terms and provisions set forth above be and hereby are granted

and 1T IS SO ORDERED.

Effective Date: This Order shall be effective on the date of its execution.

DONE AND EXECUTED this Jfr day of , 2001,by a majority of the Virginia

Gas and Oil Board.

Chairman, [email protected] OF VIRGINIACOUNTY OF WISE

Acknowledged on this~ Ay oy ~,2001, personaiiybegtre me a notary public

in and for the Commonwealth ofVirginia, appeared Berm~ Wampler, being duly sworn did depose and say that

he is Chairman ofthe Virginia Gas and Oil Board, that he executed the same and was authorized to do so.

My commission expires: 2 ~/- VANotary

DONE AND PERFORMED THIS Z. day of MQ Np r', 2001, by Order of the Board.

B%.. Wilson,Director of the Division ofGas k Oil Board and

Principal Executive to the Board

STATE OF VIRGINIACOUNTY OF WASHINGTON

n&Acknowledged on thi day of Q~~ gJ~ g, 2001, personally before me a notary

public in and for the Commonwealth ofVirginia, appeased B.R. Wilson, being duly sworn did depose and saythat he is Director ofthe Division ofGas 4 Oil Board and Principal Executive to the Board, that he executedthe same and was authorized to do so

My commission expires: dy Jg70J2Dd /Diane J.Davis, Nopkry

VIRGINIA:Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application ofPocahontas Gas Partnership for Forced Pooling ofInterests in CBM Unit AX-113VGOB-01-0320-0874 in the New Garden District ofRussell County, Virginia

AFFIDAVIT OF POCAHONTAS GAS PARTNERSHIP (herein "Designated Operator" ) REGARDINGELECTIONS, ESCROW AND SUPPLEMENTAL ORDER

Leslie K. Arrington, being In'st duly sworn on oath, deposes and says:

That your aI5ant is employed by Consol Energy Inc., as a Gas Engineer and is duly authorized to make thisaflidavit on behalf ofPOCAHONTAS GAS PARTNERSHIP, the designated operator,

That the Order entered on April 26, 2001, by the Virginia Gas and Oil Board (hereinafter "Board")regarding the captioned CBM Unit required the Applicant to mail a true and correct copy of said Order to eachperson pooled by the Order;

That within seven (7) days ofreceipt ofan executed copy ofthe Order referred to at paragraph 2. above, youraffiant caused a true and correct copy of said Order to be mailed via the United States Postal Service to eachRespondent named in the captioned Application, whose address was known, and to all persons, if any, who wereadded as Respondents at the hearing held in the captioned matter; that proof of such mailing has previously beentendered to the Division ofGas and Oil, the Office ofthe Gas and Oil Inspector, at Abingdon, Virginia;

That the Order ofthe Board in the captioned matter required all persons pooled thereby to tender their writtenelections to the Unit Operator within thirty (30) days of the date the Order was recorded in the county identi6edabove; that said Order was recorded on May 2, 2001;

That the designate operator POCAHONTAS GAS PARTNERSHIP has established procedures to review allmail received and all written documents received other than by mail to ascertain whether parties whose interestshave been pooled have made a written election, in a timely fashion, as required by the captioned Order; that saidprocedures were followed to identify the elections, ifany, made with regard to the Subject Unit; that the followingpersons delivered, by mail or otherwise, written elections the Unit Operator, within the thirty day elections period:

None

That Respondents idetttiSed in Exhibit B-3hereto are, having failed to make any election, deemed to have leasedtheir coalbed methane rights, interests and claims to Applicant, all as provided in the Board's Order ofApril 26,2001;

See attached Exhibit B-3

That the rights, interests and claims of the following persons are subject to escrow under the Board's Orderpooling the captioned Unit, Board Regulations and the Code ofVirginia:

See attached Exhibit E

i( 4 4 g$ s~ I' JUL"

That aller the pooling hearing held in the captioned matter, the following persons have leased or entered into

a voluntary agreement with the Designated Operator:

See Attached Exhibit 8-2

That to the extent any ofsaid persons listed in Exhibit 8-2 have rights, interests and claims which are subject toescrow, they should be dismissed as respondents. „the Operator requests that the following persons be dismissed

as Respondents. '

Frances Forbes and Dorothy Perkins, Richard E. Rose, Cathy Tisdale, John Abshire, EsterNewton, Tivis Brown, Mildred Hale, Bobby Whited, Lucille Pendell, Carl Brown, Emory Brown and lennie E.Perkins

That the persons identi6ed in Exhibit EE attached hereto have entered into royalty split agreements that allow

the Applicant/Designated Operator to pay them directly without the need to escrow funds which would otherwise

be in contlict.

That pursuant to the provisions ofVAC 25-160-70%.10.and C. and VAC 25-160-80 the annexed supplementalorder sets forth the interests and claims that require escrow of funds pursuant to Virginia Code sections 45.1-361.21X).and 45.1-361.22.A.3. and 4.

yhDated at Tazewell, Virginia, this ~~ day of 4wc' , 2001

Taken, subscribed and sworn to before me by Leslie K. Arringtog, as Gas Engineer ofConsol Energy Inc., onbehalf ofthe corporate Designated Operator, tins Ib~ day of , 2001.

0

Mycammission expires: I I/9e/8 II

j PROPERTY UNES SHOWN WERE TAKEN FROM MAPSl

PROVIDED BY CONSOL Ine. AND WERE NOT SURVEYED

/4Ir "4 2L/,N 'I e$,.2~,.

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EXHIBIT A

MIDDLE RIDGE 1 F I EL 0UNIT AX-113

FORCE POOLING'I/'GOB-01-0320 —0874

Company Pocahonta. Gas Partnership

Tract No. ElevationCounty Russell District New

This plat is a new plat X ' an up

I//el 1 Name and Number UNIT A1~11'3 '

Quadrangle

Scale: 1" = 400.' Date +I ~~&/or a tinal plat

(Affix Seal lForm DGD-GD-7Rev. 9/91

...IPI8tSIR2OOLm113paal. dgn 03/20/2001 02:14:00PM

Garden

dated plat' &&r~

Licensed Professional Engineer or Licensed Land Surveyor

Exhibit B-2CBIN-PGP-AX113

Docket No. VGOM1-0320-0874LIst of Respondents to be Dismissed

Acres in Unitinterest in Reason for

Unit Dismissal

II. OIL 4 GAS FEE OWNERSHIP

" Owner ofgas interest h' undetermined.

PoesiNe owners are @sled beiowr

77.41%

(4) Pocahontas Gas Partnership, et al. 77 41'/0

(2) Alta Perkins Heirs, Devisees,Successors or Assigns

{b) Paul Perkins Heirs, Davisees,Successors or Assigns

{b.4) Frances Forbes1306 Oppossum Quarter RoadElizabeth City, NC 27909

rOe

(5) Dorothy Perkins1595 Drybread RoadSalyersville, KY 41465

0.76 acres1/60 of 45.44 acres

45.44 acres

1.29% Purchased

77 41% Leased

Tract NA. 8.32 acres

(2) Eilen Brawn Heirs, Devisees,Successors or Assigns, et al.

(b) Richard E. Rose1406 South AvenuePrinceton, WV 24740

7.28 acres7/8 of 8.32 acres

0.26 acres1/28 of 7.28 acres

12.400/0

0.45% Purchased

(d) Cathy Tisdale54 Jennie Lynn

Crimora, VA 24431

(e) John Abshire236 Meadow Rue LaneCrimora, VA 24431

(i} Ester Newton

2621 Veda DriveBristol, VA 24201

(o) Tivis BrownRt. 1 Box 257Swords Creek, VA 24649

(p) Miklred HaleRt. 1 Box 197Swords Creek, VA 24649

0.04 acres3/500 of 7.28 acres

0.04 acres3/500 af 7.28 acres

0.35 acres1/21 of 7.28 acres

0.52 acres1/14 of 7.28 acres

0.52 acres1/14 of 7.28 acres

0.07% Purchased

0.07% Purchased

0.60/0 Purchased

0.88'/o Purchased

0.88% Purchased

7/10/01

EXIIibit B-2CBIN-PGP-AX1'I3

Docket No. YGDB-014I320-0874Ust of Respondents to be Dismissed

(t) Bobby WhitedP.O, Box 243Bastian, VA 24314

Acres In Unit

0 13 acres1/56 of 7.28 acres

Interest in

Unit

Reason forDismissal

0 22% Purchased

(y) Lucille Pendell95 Spring Valley RoadBristol, VA 24201

(ac) Carl Brown12077 Salem Church RoadKing George, VA 22485

(ad) Emory Brown

15222 Michigan RoadWoodbridge, VA 22191

(ai) Lennie E. Perkins3814 Ludgate Drive

Chesapeake, VA 23321

0.12 acres1/62 of 7.28 acres

0.12 acres1/62 of 7.28 acres

0.12 acres1/62 of 7.28 acres

0.01 acres1/500 of 6.31 acres

0.20% Purchased

0.20% Purchased

0.20% Purchased

0.025% Purchased

Page2of 2 7/10/01

Exhibit B-3CBII PGP-AX113

Docket I/GOB-OWI3204)874List of Unleased Owners/Claimants

M JIf:id ~r I'kli'i 0 u x 4

Acres in Unit

interest in

Unit

II. OIL 8 GAS FEE OWNERSHIP

Tract ¹1.45.44 acres

* Owner ofgas interest is undetermined.

Possible owners are listed below:

(1) B.W. Stree, Heirs, DeviseesSuccessors or Assigns, et al.Address Unknown

45 44 acres 77 41%

(OR)

(2) S.J. and Susan E. Com, Heirs, DeviseesSuccessors or Assigns, et al.Address Unknown

45.44 acres 77.41%

(3) David Keene, Heirs, DeviseesSuccessors or Assigns, et al.Address Unknown

77 41%

Tract ¹24.8.32 acres

Earl Whited et al. 8.32 acres 14 17%

(1) Dr. LM. Harrison, Heirs, Devisees,Successors or AssignsAddress Unknown

'i.04 acres1/8 of 8.32 acres

1.77%

{2) Ellen Brown Heirs, Devisees,Successors or Assigns, et al.

(f) Raymond Abshire1074 Beckiey RoadCamp Creek, WV 25820

(g) Helen Parr37 Crimora Mine RoadCrimora, VA 24431

(h) Daniel Abshire211 Mine Branch RoadCrimora, VA 24431

(i) Fred K. AbshireRt.1 Box 287DLinhurst, VA 22952

?.28 acres7/8 of 8.32 acres

0.04 acres3/500 of 7.28 acres

0.04 acres3/500 of 7.28 acres

0.04 acres3/500 of 7.28 acres

0.04 acres3/500 of 7.28 acres

12,40%

P P7%

P P7%

0 07%

0.07%

(k) Tolvy "Tracy" Perkins763 Bridge Drive

Pasadena, MD 21122

0.35 acres1/21 of 7.28 acres

P 60%

(m) Myriie Lee Norton Heirs, Devisees,Successors or Assigns

Page1 of 3 7/10/01

Exhibit B-3CBNi-PGP.AX113

Docket W'60%&14)320-0874List of Unleased OwnerslCtaimants

P) ~&"." Pgg E 0 u 4 a.l

(m. 1) Mitzi Helbert35 Pace DriveBristol, VA 24201

(m.2) Michael Whitt35 Pace Drive

Bristol, VA 24201

Acres in Unit

0.26 acres1/28 cf 7.28 acres

0.26 acres1/28 of 7.28 acres

Interest in

Unit

0,44%

{q) Judy FarmerHC65 Box 45Vansant, VA 24656

0.'l3 acres1/56 of 7.28 acres

0.22'lo

(r) Pauline Presley1302 W. Ajo Way 308Tucson, AZ 85713

0.13 acres1/56 of 7.28 acres

0.22%

(s) Clarence WhitedRt.1 Box 356Grundy, VA 24614

{u) Delma CoksnanP.O. Box 506Grundy, VA 24614

(v) Helen Patterson2260 McBr ager CourtCumming, GA 30130

{w) Fayne WhitedP.O. Box 1142Grundy, VA 24614

(x) Carolyn Whited15194Porterfidd HighwayAbingdon, VA 24210

{z) Elmer BrownRt.1 Box 476Vansant, VA 24565

0.13 acres1/56 of 7.28 acres

0.13 acres1/56 of 7.28 acres

0.13 acres1/56 of 7.28 acres

0.13 acres1/56 of 7.28 acres

0.13 acres1/56 of 7.28 acres

0.12 acres1/62 of 7.28 acres

0.22olo

0.22%

0.22%

0.22%

0.22%

0.20%

(aa) Garland BrownP.O. Box 2'.15Rosedale, VA 24280

0.12 acres1/62 of 7.28 acres

0.20%

(ab) Pauline BrownHC65 Box 45Oakwood, VA 24631

0.12 acres1/62 of 7.28 acres

0.20%

{ae) Eatt Brown327 Meadow Crest DriveBristol, VA 24201

(af) Richard BrownBo«82 Maple Hurst LaneBluff City, TN 37618

0.12 acres1/62 of 7.28 sores

0.12 acres1/62 of 7.28 acres

0.20%

0.20%

Page2 of 3 7/10/01

Exhibit 8-3CBNN-PGP-AX11$

Docket MGOB41%$2048'F4Ust of Unleased Owners/Claimants

(ag) Virgil K. StreetBox999Honaker, VA 24260

(ah) Kimberly Lynn StreetBox 999Honaker, VA 24260

Acres in Unit

0.06 acres1/125 of 6.31 acres

0.06 acres1/125 of 6.31 acres

Interest inUnit

0.099%

(aj) Dexter PerkinsHC Box214Jewell Ridge, VA 24622

(ak) Ellen Hutchinson77 Beacon RoadBristol, VA 24201

0.01 acres1/500 of 6.31 acres

0.01 acres1/500 of 6.31 acres

0.025'/a

0.025%

(al) Chester C. Smith1020 Buena Vista RoadSouth Vienna, OH 45369

0.01 acres1/500 of 6.31 acres

0.0254/o

(am) Audry BlankenshipHC63 Box 142AJewel l Ridge, VA 24622

(an) Wayne E. Smith175 Syivan Shores DriveSouth Vienna, GH 45369

(ao) Jesse Street772 Big Creek RoadRichlands, VA 24641

(ap) Elster Hurley

1509 Norvvay StreetBristol, VA 24201

0.01 acres1/500 of 6.31 acres

0,01 acres1/500 of 6.31 acres

0.01 acres1/500 of 6.31 acres

0.01 acres1/500 of 6.31 acres

0 025o/o

0 025%

0.025O/o

0.025%

(aq) Frankie Ratliff

c/o Ellen Hutchinson77 Beacon RoadBristol, VA 24201

(ar) Dr. LM. Harrison Heirs, DeviseesSuccessors or AssignsAddress Unknown

0.01 acres1/500 of 6.31 acres

0.91 acres1/6 of 6.31 acres

0 025%

1.550o/o

Page 3 of 3 7/10/01

BR& '&8 ~Mimir. 089)7Exhibit E

CBII-PGP-AX1'I3Docket No. VGOB-01-03204874

List of Conflicting Owners/Claimants that require escrow

Acres in UnitInterest in

Unit

Tract 81.45.44 acres

COAL FEE OWNERSHIP

{1) Buckhorn Coal CompanyP. G. Box 187Tazeweil, VA 24651

45.44 acres 77.41%

OIL 8 GAS FEE OWNERSHIP

* Owner ofrias interest is undetermined.

Possible owners are listed beiowr

{1) B.W. Stree, Heirs, DeviseesSuccessors or Assigns, et al.Address Unknown

45.44 acres 77.41%

{2) S.J. and Susan E. Corn, Heirs, DeviseesSuccessors or Assigns, et al.Address Unknown

77A1%

(OR)

{3) David Keene, Heirs, DeviseesSuccessors or Assigns, et al.Address Unknown

77A1%

{4) Pocahontas Gas Partnership, et al.

(1) Pocahontas Gas PartnershipP.G. Box 947Bluefiekl, VA 24605

40.90 acres9/10 of 45A4 acres

77 41%

69 67%

(2) Alta Perkins Heirs, Dsvisees,Successors or Assigns

{a) Swain 8 Renia PerkinsRt. 1 Box 136ESwords Creek, VA 24649

4.54 acres1/10 af 45A4 acres

7.74'Yo

{5) Pocahontas Gas PartnershipP.G. Box 947Bluefietd, VA 24605

46A4 acres 77 41%

Dorothy Perkins'l596 Drybread RoadSalyersvlile, KY 41465

Exhibit ECBN-PGP-AX113

Docket No. VGOB4)14)320%874Liet of Conflicting Owners/Claimants that require escrow

Acres in UnitInterest in

Unit

Tract ¹2A. 8.32 acres

COAL FEE OWNERSHIP

(1) Buckhorn Coal CompanyP. O. Box '187Tazeweli, VA 2465'I

8.32 acres 14.17%

OIL IL GAS FEE OWNERSHIP

Earl Whited et al.

(1) Earl Whited

Rt.1 Box 150Swords Creek, VA 24649

8.32 acres

1.04 acres1/8 of 8.32 acres

14.17%

1.77%

(OR)

Dr. L.M. Harrison, Heirs, Devisees,Successors or AssignsAddress Unknown

(2) Ellen Brown Heirs, Devisees,Successes or Assigns, et al.

(f) Raymond Abshire1074 Beckley RoadCamp Creek, WV 25820

(g) Heien Parr37 Crimora Mine RoadCrimora, VA 24431

7.28 acres7/8 of 8.32 acres

0.04 acres3/500 of 7.28 acres

0.04 acres3/500 of 7.28 acres

12 40%

0.07%

0.07%

(h) Daniel Abshire211 Mine Branch RoadCrimora, VA 24431

(i) Fred K. AbshireRt.1 Box 287DLinhurst, VA 22952

(k) Tolvy "Tracy" Perkins763 Bridge Drive

Pasadena, MD 21122

(m) Myrtle Lee Norton Heirs, Devisees,Successors or Assigns

0.04 acres3/50Q of 7.28 acres

0.04 acres3/500 of 7.28 acres

0.35 acres'l/2'l of 7.28 acres

0 07%

Q.07%

0.60%

(m. 1) Mitzi Helbert35 Pace DriveBristol, VA 24201

Q.26 acres1/28 of 7.28 acres

0 44%

(m.2) Michael Whitt35 Pace DriveBristol, VA 24201

0.26 acres1/28 of 7.28 acres

0.44%

Exhibit ECBNi-POP-AX1 13

Docket No. V9084)14)3204&74List of Conflicting Owners/Claimants that require escrow

(q) Judy FarmerHC65 Box 45Vansant, VA 24656

{r) Pauline Presley1302 W. Kjo Way 308Tucson, AZ 85713

(s) Clarence WhledRt.1 Box 356Grundy, VA 24614

(u) Delma Colleman

P.O. Box 506Grundy, VA 24614

(v) Helen Patterson2260 McBrager CourtGumming, GA 30130

(w) FayneWhitedP.O. Box 1142Grundy, UA 24614

(x) Carolyn Whited15194Porterfield HighwayAbingdon, VA 24210

(z) Elmer BrownRt.1 Box 476Vansant, VA 24565

(aa) Garland BrawnP.O. Box 215Rosedale, VA 24280

{ab) Pauline BrawnHC65 Box 45Oakwood, VA 24631

Acres in Unit

0.13 acres1/56 of 7.28 acres

0.13 acres1/56 of 7.28 acres

0.13 acres1/56 of 7.28 acres

0,13 acres1/56 of 7.28 acres

0.13 acres1/56 of 7.28 acres

0.13 acres1/56 af 7.28 acres

0.13 acres1I56 af 7.28 acres

0.12 acl'es1/62 of 7.28 acres

0.12 acres1/62 of 7.28 acres

0.12 acres1/62 of 7.28 acres

interest inUnit

0.22o/o

0 22%

0 22%

0.22%

0 22o/o

0.22%

0.22%

0.20%

0.20%

0.20%

(ae) Earl Brawn327 Meadow Crest DriveBristol, VA 24201

(af} Richard BrownBox 182 Maple Hurst LaneBluff City, TN 37618

(ag) Virgil K. StreetBox 999Honaker, VA 24260

0.12 acres1/62 of 7.28 acres

0.12 acres1/62 of 7.28 acres

0.06 acres1/125 of 6.31 acres

0.20%

0.20%

0.099%

(ah) Kimberly Lynn StreetBox 999Honaker, VA 24260

0.06 acres1/125 of 6.31 acres

0.099%

Page 3 af 4 ?/10/01

Exhibit ECBII-PGP-AX113

Docket No. VGOB4I&)320%874List of Conflicting Owners/Claimants that require escrow

Di i"I{ ".4 -'XIII u w',.I)

{aj) Dexter PerkinsHC Box 2'14Jewell Ridge, VA 24622

Acres in Unit

0.01 acres1/500 of 6.31 acres

interest in

Unit

0.025%

(ak) Ellen Hutchinson77~t RoadBristoi, VA 24201

0.01 acres1/500 of 6.31 acres

0.025%

(al) Chester C. Smith1020 Buena Vista RoadSouth Vienna, OH 45369

0.01 acres1/500 of 6.31 acres

0 025%

(am) Audry BlankenshipHC63 Box 142AJewell Ridge, VA 24622

0.01 acres1/500 of 6.31 acres

0.025/o

(an) Wayne E. Smith175 Sylvan Shores DriveSouth Vienna, OH 45369

0.01 acres1/500 of 6.31 acres

0.025'/0

{ao) Jesse Str&&772 Big Creek RoadRichlands, VA 24641

(ap) Elster Hurley1509 Norway StreetBristol, VA 24201

0.01 acres1/500 of 6.31 acres

0.01 acres1/500 of 6.31 acres

0 025%

0.025%

{aq) Frankie Ratiiffc/o Ellen Hutchinson77 Beacon RoadBristol, VA 24201

0.01 acres1/500 of 6.31 acres

0.025%

(ar) Dr. LM. Hamson Heirs, DeviseesSuccessors or AssignsAdcfnass Unknown

0.91 acres1/8 of 6.31 acres

1.550%

(as) Consol Energy Inc.P.O, Box 947Bluefield, VA 24605

3.62 acres497/1000 of 6.31 acres

6.164%

Tract ff28. 0.83 acres

COAL FEE OWNERSHIP

(1) Buckhorn Coal CompanyP. O. Box 18?Tazewell, VA 24651

0.83 acres 1.41'/0

OIL L GAS FEE OWNERSHIP

(1) H.C. Bostic Coai Company, Inc.P.O. Box 220Swords Creek, VA 24649

0.83 acres 1 41%

VIRGINIA: IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF RUSSELL COUNTY, d S,2001. Tgs deed was this daypresented in said office, and upon the certificate of acknowledgment thereto annexed, admitted to record at 0 .// o'clock ~M, after payment of

r$ tax imposed by Sec. 58.1-802.

~ TESTE: DOLL M. COMPTON, CLERKBY: AVCZf~ 'tt.CLERK

0/01


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