VIRGINIA: INSTRUMENT P~p VIRGINIA GAS A D BY 10000'l271 BEFORE THE VIRGINIA GAS AND OIL BOARD IN RE: SUPPLEMENTAL ORDER REGARDING DOCKET NUMBER VGOB 09-0217-2461 ELECTIONS: UNIT G9CV (herein Subject Drilling Unit) REPORT OF BOARD FINDINGS AND ORDER This Supplemental Order is entered by the Board sea spouts in tbe form a~ by the Board at hearings held on February 15, 1994 snd June 16, 1992; snd this Supplemental Order is being recorded for the pmpose of supplementing the Order previously in the csptioned matter on August 31, 2009 which was ~ at Document 090003090 in the Offlce of the Clerk of the Circuit Court of Buchanan County, Virginia, on October 13, 2009, (herein "Board Order" ) snd completing the record regards elections. Findinas: The Board finds that: The Board Order directed CNX GAS COMPANY LLC (herein "Designated Operator" ) to mail copies of the Board Order to all Respoadmts whose interests, if sny, were pooled by the said Board Order; The Designated Opemtm filed its a%davit of elections disclosing that it bad mailed a true and correct copy of the Board's Order to all Repondents whose intetusts, if any, were pooled by said Board Order; The Beud Order required each Respondent whose interests, if any, were pooled by thc terms of said Board Order to make an election within thirty (30) days afier the date of maiTing or reconhng, ss applicable, of said Order; the affidavit of elections filed herein and annexed hereto ss Exhibit A states: (i) whether each Respondent has made or fidied to make a timely election; (ii) the nature of any election(s) made; snd (iii) whetlm, by reason of a fidiure to elect or to timely elect one or more Respondents are deemed, under the tenne of tbe Board's Order, to have leased all their rights, title, interests, estates snd claims iu Subject Drilling Unit to the Applicant; That the affidavit of elections annexed hereto with the Exhtl>its ubmitted therewith identifies the Re pondent(s) making a timely election, if any; identifies the Re~s), if any, who arc deemed to have leased; identifies the conflicting interests and claims which require escmw; identifies the interests and claims, if any, requirhtg escrow under Virginia Code section 45.1-361.21.D4 and identifies the Respondents, if any, who may be dismissed by reason of having leased or entered into a vohmtary ~ with the Applicant. The affidavit of elections indicates whether or not the escrow of funds is required with regard to Unit G9CV. By this Order, the Board orders the Designated Operator to tender, consistent with and in accordance with the findhtgs set forth at paragraph 2. above snd the annexed affidavit of elections with Exhibits thereto, any fimds subject to escrow and instructs the Escrow Agent, First Bank Jk Trust Company PO Box 3860 Kingsport, TN 37664, Attn: Debbie Davis or anysuccessornamedbythe Bosrd to establish interest bearing escrow account(s), IRS Tax Identificatio Number 54-1629506, in accordance with the information set forth in the aflidavit of elections with Exhibits thereto, to receive funds and account to the Board therefore.
Transcript
VIRGINIA:
INSTRUMENT P~pVIRGINIA GAS A
D BY
10000'l271
BEFORE THE VIRGINIA GAS AND OIL BOARD
IN RE:
SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 09-0217-2461
ELECTIONS: UNIT G9CV(herein Subject Drilling Unit)
REPORT OF BOARD
FINDINGS AND ORDER
This Supplemental Order is entered by the Board sea spouts in tbe form a~ by the Board athearings held on February 15, 1994 snd June 16, 1992; snd this Supplemental Order is being recorded forthe pmpose of supplementing the Order previously in the csptioned matter on August 31, 2009 which was~ at Document 090003090 in the Offlce of the Clerk of the Circuit Court of Buchanan County,Virginia, on October 13, 2009, (herein "Board Order" ) snd completing the record regards elections.
Findinas: The Board finds that:
The Board Order directed CNX GAS COMPANY LLC (herein "Designated Operator" ) to mail copies ofthe Board Order to all Respoadmts whose interests, if sny, were pooled by the said Board Order;
The Designated Opemtm filed its a%davit of elections disclosing that it bad mailed a true and correctcopy of the Board's Order to all Repondents whose intetusts, if any, were pooled by said Board Order;
The Beud Order required each Respondent whose interests, if any, were pooled by thc terms of saidBoard Order to make an election within thirty (30) days afier the date of maiTing or reconhng, ssapplicable, of said Order; the affidavit of elections filed herein and annexed hereto ss Exhibit A states: (i)whether each Respondent has made or fidied to make a timely election; (ii) the nature of any election(s)made; snd (iii) whetlm, by reason of a fidiure to elect or to timely elect one or more Respondents aredeemed, under the tenne of tbe Board's Order, to have leased all their rights, title, interests, estates sndclaims iu Subject Drilling Unit to the Applicant;
That the affidavit of elections annexed hereto with the Exhtl>its ubmitted therewith identifies theRe pondent(s) making a timely election, if any; identifies the Re~s), if any, who arc deemed tohave leased; identifies the conflicting interests and claims which require escmw; identifies the interests andclaims, if any, requirhtg escrow under Virginia Code section 45.1-361.21.D4 and identifies theRespondents, if any, who may be dismissed by reason of having leased or entered into a vohmtary~with the Applicant.
The affidavit of elections indicates whether or not the escrow of funds is required with regard to UnitG9CV.
By this Order, the Board orders the Designated Operator to tender, consistent with and inaccordance with the findhtgs set forth at paragraph 2. above snd the annexed affidavit of elections withExhibits thereto, any fimds subject to escrow and instructs the Escrow Agent, First Bank Jk Trust CompanyPO Box 3860 Kingsport, TN 37664, Attn: Debbie Davis or anysuccessornamedbythe Bosrd to establishinterest bearing escrow account(s), IRS Tax Identificatio Number 54-1629506, in accordance with theinformation set forth in the aflidavit of elections with Exhibits thereto, to receive funds and account to theBoard therefore.
Mailim of Order and Filine of Affidavit: The Designated Operator under the captioned Order or shall file
an affidavit with tbe Secretary of the Board within ten (10) days afier the date of receipt of this Order
stating that a true and conect copy of this Order was mailed to each Respondent whose interests or claims
are subject to escrow and whose address is known within seven (7) days fiom the date of receipt of this
Order.
Conclusion: Therefore, the findings and all terms and pmvisions set forth above be and hereby are
gnmted and IT IS SO ORDERED.
EfFective Date: This Order shall be effective on the date of its execution.
DONE AND EXECUTED this ~day of MM, 2010, by a majority of theVirginia Gas and Oil Board. d/
Chaum~le)SC,.Lambdrt
DONE AND PERFORMED THIS~day of Qxs n i (,2010, by Order of the Board.I
DaRd E. Asbury, Jr.,Principal Executive to the Staff of
STATE OF VIRGINIACOUNTY OF RUSSELL
Acknowledged on this 8 day of~r 6,2010, personally before me anotmy public in and for the Commonwealth of VirgiSa, appeared Bradley C. Lambert, being duly sworndid depose and say that he is Chairman of the Virginia Gas and Oil Board, and appeared David E. AsburyJr., being duly sworn did depose and say that he is Principal Executive to the Staff of the Virginia Gas andOil Board that they executed the same and were authorized to do so.
Diane J. Davis, Nthaty174394
My commission expires: September 30, 2013
VIRGINIA:Exhibit A
BEFORE THE VIRGINIA GAS AND OIL BOARD
Application of CNX Gas Company LLC for Forced Pooling of Interests in CBM Unit G9CVVGOB 09-0217-2461 in the South Grundy District of Buchanan County, Virginia
AFFIDAVIT OF CNX GAS COMPANY LLC (herein "Designated Operator") REGARDINGELECTIONS, ESCROW AND SUPPLEMENTAL ORDER
Anita D. Duty, being ffrst duly sworn on oath, deposes and says:
That your affhmt is employed by CNX Gas Company LLC, ss a Pooling Supervisor and is dulyauthorized to make this affldavit on behalf of CNX GAS COMPANY LLC, the designated operator,
That the Order entered on August 31,2009, by the Virginia Gas and Oil Board (hereinatter "Board")egsrding the csptioned CBM Unit required the Applicant to mail a true and correct copy of said Order to
each person pooled by the Order;
That within seven (7) days of receipt of an executed copy of the Order refenud to at~2. above,your affiant caused a true and correct copy of said Order to be mailed via the United States Postal Serviceto each ~ent named in the captitecd Apphcation, whose address was known, and to all persons, ifany, who were added as Respondents at the besrmg held m the captioned matter, that proof of such mailinghas previously been endered to the Division of Gas and Oil, the Office of the Gas snd Oil Inspector, atLebanon, Virginia;
'Ihat the Order of thc Board in the captioned matter required all persons pooled thereby to tender theirwritten elections to the Unit Operator within thirty (30) days of the date the Order was recorded in thecounties Iderrgffed above; that said Order was recorded on October 13, 2009;
That the designated opcrsnx CNX GAS COMPANY LLC bas established procedures to review all mailmceived and all written documents received other than by mail to~whether parties whose interestshave been pooled have made a written election, in a timely gtshton, as required by the captioncd Order;that said procedures were followed to identify the elections, if any, made with regard to the Subject Unit;that the following persons delivered, by mail or otherwise, written elections the Unit Operator, within thethirty day elections period:
None
That Respondents identiffed in Exhibit B-3 hereto are, having Suled to make any election, deemed tohave leased their coalbed methane rights, interests and claims to Applicant, all as provided in the Board'sOrder ofAugust 31,2009;
See attached Exhibit B-3
That the rights, interests and claims of the following persons are subject to escrow under the Board'sOrder pooling the captioned Unit, Board Regulations and the Code ofVirginia:
None
That after the pooling hearing held in the captioned matter, the following persons have leased or entered
into a voluntary agtuemcnt with tbe Designated Operator:
None
That to the extent any of said persons listed in Exhibit B-2 have rights, interests and claims which are
subject to escrow, they should be dismissed as respondents; the Operator requests that the followingpersons be added or dismissed as Respondents:
None
That the persons identified in Exhibit EE attached hereto have entered into royalty split agreements thatallow the Applicant/Designated Operator to pay them directly without the need to escrow funds which
would otherwise be in conflict.
None
That pursuant to the provisions of VAC 25-160-70.A.IO. snd C. and VAC 25-160-SO the annexedsupplemental order sets forth the interests and claims that require escrow of funds pursuant to VirginiaCode sections 45.1-361.21.D.and 45.1-36122.A.3.Snd 4.
Dated at Bluefield, West Virginia, this I I day of ~&I'~ A, 2010
(ilk~) IU~mao. nnr
STATE OF WEST VIRGINIACOUNTY OF MERCER
Taken, subscribed snd sworn to before me by Anita D. Duty as a Pooling Supervisor for CNX GasCompany
LLC, on behalf of the corporate Designated Operator, this P day of ,2010.
Notary
omaAL SEAiNOTARY PUBUC
STATE OF WEST VIRGINIA
DIANA M. SIIURPHYCNX GAS COIEPANV LLC2481 JOHN NASH SLVO.SLUEFIELD, WV 24101
My oomnlission ennlres Deosnlner 4 2414I
PROPERTY LSR'.8 SNONR ON TIES PLAT WERE TAKEN
FROII DEED OESCRPTIONS AND CNAEI OF TITLEAND DOES NOT REPRESENT A CINRENT FKLO SURVEY.
/
AREA = F12.69 ACRES
VVN-352 N 79'As'mm' 148322'SN-O'IS 83'42'AS'
188.87'U-1094
3 38'32'30" E 681234
EXHIBIT A
STATE WIDE SPACINGWELL G9CV
FORCE POOLINGVGOB 09-0217-2461
Farm PGO-Gp-TRev. 9/91
Cospany CNX Gas Cospanv LLC Well Name and Nurrber WELL-G9~<~ QW.
Tract No. Elevation Ouadrangle GRU~County BUCHANAN P l stI l ct SOUTH Scale; 1 = 40frQpate I I'91I99
I rThis plat is a new plat ; an updated plat X 'r a f i I p ~lv
4z ~~~Licens&Arofessional Engineer or Licensed Land Surveyo~r 4 4
CNX Oae Cefttyafty LLCUNT 8 SCV
Treat Idenitfteaitone(11288Aors Unit)
Conso5dadon Coal Company (2117.2eAces Tied) -AI Nasmts enospt OL Gas nnd CSMIetsnd Crash Coal Compar0tt0oneol, Inn -Coal Screw 75ter 8eam LeasedJsrre5 fhi~ cref thnpomdon- cmdIn TQsr and Ahern coal Leased~ResonrseL tna / tforfh Amarfsan asoonoeee, (hnp. -05 aml QesCMX Qes Compeny LLC -C5 end Qes LeasedPfom Ttmhedenda, LP.-CSMCf(X fhre Company LLC -CSM LeasedCf(X thee~LLC (80%) /)stead Cmsh Coal Company (50%) ~ Surface8(L82Aaee 7(L7121%
