060005jss - dept of mines minerals and energy · vgob-05/12/13-1555 1. this supplemental order is...

17
060005jss VIRGINIA: BEFORE THE VIRGINIA GAS AND OIL BOARD SUPPLEMENTAL ORDER REGARDING DOCKET NO. VGOB45/12/13-1555 ELECTIONS, UNIT: HRVAE ¹14 (hereina8er'"Subject Drilling Unit" ) REPORT OF BOARD FINDINGS AND ORDER 1. This Supplcmennd Order is entered by the Board sua sconte in the form authorized by the Board at its hearing held at 9:00 am. on October 20, 1992, Board of Supervisors Roon), Courihouse, Grundy, Virginia, and pursuant to authority granttd to the Botud's Cbtdrjmm at the bearing of tbe Virginia Gas and OII Board on June 16, 1992, at 9:00 ae. 4t the Rbododettdron Restaurant at the Breaks ntcrstsm Park, Breaks, Virginia; ared djis Supp~ Order is being zeconM for the purpose of (I) complying with reIIuirement of tbe Virginia Gas and Oil Board Regulanons, 4 VAC 25-160.70C by thc Order previously issued by the Board for subject Docket on Dcccthbcr 13, 2005, aud recorded in Instrtumun ¹ 06-0000161 at the Of5cc of the CIItrk'ef Circuit Court, Buchanan County, Virginia on January 12, 2006, (herein "Board OrdeP) to complete tbe record regarding elections. The Board Order pooled alii ~ in Subject Drilling Unit including those of the Respondents more patticularly sct forth aud identified by the Designated Operator in the affidavits attachbd hereto and made a part hereof. The Board Snds it has jurisdicnon over the subjcdt matter pursuant to the provisions of the Virginia Gas and Oil Act, ij 45.1-361.1 glflg„Virginia Code, 1950 as amemM. 2. Fihditls: The Board finds that: (a) The Board Order directed Hard Rock Exploration, Inc., (herein thc Designated Operator" ), to mail copies of the Board Order to all respondents whose interest, if any, were pooled by said Board Order; (b) The designated operate filcd its af5davtt of mnigng dated March 09, 2006, disclosing that it bad mailed a conect oopy of the Board's Order to all Respondents whose ~ if any, were pooled by said Board Order, (c) The Board Order zepmed each Respomlent whose interest, if any, were pooled by the terms of said Board Order to make bis or her election within thirty (30) days after the date of inning or recording, as applicable, of said Order, the Designated Operator has Sled its affidavit dated August 25, 2006, in accordance

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Page 1: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

060005jss

VIRGINIA:

BEFORE THE VIRGINIA GAS AND OIL BOARD

SUPPLEMENTAL ORDER REGARDING DOCKET NO. VGOB45/12/13-1555

ELECTIONS, UNIT: HRVAE ¹14

(hereina8er'"Subject Drilling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

1. This Supplcmennd Order is entered by the Board sua sconte in the form authorized bythe Board at its hearing held at 9:00am. on October 20, 1992,Board of Supervisors

Roon), Courihouse, Grundy, Virginia, and pursuant to authority granttd to the Botud'sCbtdrjmm at the bearing of tbe Virginia Gas and OII Board on June 16, 1992, at 9:00ae. 4t the Rbododettdron Restaurant at the Breaks ntcrstsm Park, Breaks, Virginia;ared djis Supp~ Order is being zeconM for the purpose of (I) complying with

reIIuirement oftbe Virginia Gas and Oil Board Regulanons, 4 VAC 25-160.70C bythc Order previously issued by the Board for subject Docket on

Dcccthbcr 13,2005, aud recorded in Instrtumun ¹06-0000161 at the Of5cc of theCIItrk'ef Circuit Court, Buchanan County, Virginia on January 12, 2006, (herein"Board OrdeP) to complete tbe record regarding elections. The Board Order pooledalii~in Subject Drilling Unit including those of the Respondents morepatticularly sct forth aud identified by the Designated Operator in the affidavitsattachbd hereto and made a part hereof. The Board Snds it has jurisdicnon over thesubjcdt matter pursuant to the provisions of the Virginia Gas and Oil Act, ij 45.1-361.1glflg„Virginia Code, 1950as amemM.

2. Fihditls: The Board finds that:

(a) The Board Order directed Hard Rock Exploration, Inc., (herein thc DesignatedOperator" ), to mail copies of the Board Order to all respondents whose interest,if any, were pooled by said Board Order;

(b) The designated operate filcd its af5davtt ofmnigng dated March 09, 2006,disclosing that it bad mailed a conect oopy of the Board's Order to allRespondents whose ~if any, were pooled by said Board Order,

(c) The Board Order zepmed each Respomlent whose interest, if any, were pooledby the terms of said Board Order to make bis or her election within thirty (30)days after the date of inning or recording, as applicable, of said Order, theDesignated Operator has Sled its affidavit dated August 25, 2006, in accordance

Page 2: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

with $ 7.C of the Virginia t3as a5d Ol BoMd Regulations and 4 VAC 25-160.70C (herein "Affidavit ofElection" ), where't has, for each Respondentwhose interest, if any, were pooled by said Board Order, stated: (i) whethereach Respondent has made or failed to make a timely election; (ii) the nature ofthe election made, if any; (iii) whether, by reason of a fiulure to elect or totimely elect one or more Respondents are deemed, under the terms of theBoard's Order, to have leased all their rights, title, interest, estates and claims in

Subject Drilling Unit to the Designated Operator;

(d) The Board Order further required the Designated Operator, atter expiration ofthe election period, to file with the Board a statement of the interests subject toescrow under the terms and provisions of the Board Order, in light of theelections made or deemed to have been made (herein "Statement of Interests" );that the Designated Operator furnished said Statement of Interests as part of itsAffidavit ofElection. A copy of which is attached hereto as Exhibit B;

(e) Cunent Board standards equiring the escrow of funds and the Board'sagreement with its Escrow Agent, Wachovia Bank, Corporate Trust, PA 1328,123 South Broad Street, Philadelphia, PA 19109-1199,(888) 396-0853, Attn:Rachel Rafferty, or any successor named by the Board, require the entry ofaSupplemental Order establishing of record the elections made or deemed tohave been made and specifying the sums or percentage thereof subject toescrow. Current Board escrow sbedach were made applicable to SubjectDrilling Unit by a Board Order dated December 23, 1992.

3. ~By this Order, the Board orders the Designated Operator to tender, consistentwith and in accordance with the findings set forth at paragraph 2 above and theannexed Affidavits, any funds subject to escrow and instructs the Escrow Agent,Wachovia Bank, Corporate Trust, PA 1328, 123 South Broad Street, Philadelphia, PA19109-1199,(888) 396-0853, Attn: Rachel Rafferty, or any successor named by theBeard to establish interest-bearing escrow account(s), IRS Tax Identification Number54-1629506, in accordance with the information set forth in said affidavits to receivesuch funds and account to the Board therefore.

4. MaiHnu of Order and FiTinu ofAffidavit: The Designated Operator under thecaptioned Order or its Attorney shall file an affidavit with the Secretary of the Boardwithm ten (10)days after the date of receipt of this Order stating that a true andcorrect copy of this Order was mailed to each person whose interest or claim issubject to escrow and whose address is known.

5. Conclusion: Therefore, the findings and all terms and provisions set forth above beand hereby are granted and IT IS SO ORDERED.

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

Page 3: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

xxaW 5HRVAE ¹14

~T ~r LeaseStatus

Interest GrossWithin AcreageUnit In Unit

C.L.Ritter Lumber Co., Inc.Box 700Huntington, WV 25711

Karen Westbrook2614 Lamcl Grove RdMachanicsvilie, VA

Mary E.Buston Booker13660 Brynwood Lane S.E.Ft. Myers, FL 33912

James G. Buston 11

1511Tudor LaneRichmond, VA 23235

Leased 64.41% 72.58

vUnleased 3.2933% 3.7155

+Unleased 0.8233% 0.9288

vUnleased 0.8233% 0.9288

CNX Gas Co. LLCdo John C. Irvin, Agent4710 Hunterwood CircleRichmond, TX 77469vOII* Gas Lessee

Bull Crack Coal Company aVirginia Limited PartnershipBox 187Tazewell, VA 24651

vvUnleased 2.4699% 2.786

Leased Through: Ch~ Appalachia LLC900 Pennsylvania AvenueP.O. Box 6070Charleston, WV 25362-0070**Oil4 Gas Lessee

Carol Combs Irvin4710 Huntcrwood ChcleRichmond, TX 77469

Frederick Herman Combs H318 East FincastleTazewell, VA 24651

~Unleased 0.6439% 0.7256

«Unleased 0.6439% 0.7256

Page 4: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

Eildbk 8HRVAE ¹14

LeaseStatus

Interest GrossWithin AcreageUnit In Unit

Martha Ellen CombsP.O. Box 1404Abingdon, VA 24212

Mountain Mission School1 Hurley StreetGrundy, VA 24614

Gaynell Street Fowler, TrusteeofFlemher Boyd Fowler TrustDrawer 901Grundy, VA 24614

Knox Creek Coal CompanyP.O. Box 519Raven, VA 24369

eUnleased 0.6439%a 0.7256

eUnleased 2.898% 3.2655

Unleased 2.898% 3.2655

Unleased 11.592% 13.062

Jeanelle I. Spurlock1140Churchmont SeCanton, OH 44707

CNX Gas Co. LLCcJo John C. Irvin, Agent4710 Hmnsrwood CircleRichmond, TX 77469eOII 4 Gas Lessee

Unleased 0.6326% 0.7125

Betty J.Wade16550 Buchard StreetFountain Valley, CA 92708

Donald H. Dotson1140Churchmont SECanton, OH 44707

Mary E.Conner5015 Hannont NECanton, OH 44707

David E. Ward841 Hollywood NECanton, OH 44707

Unleased 0.6326% 0.7125

Unleased 0.6326% 0.7125

Unleased 0.6326% 0.7125

Unleased 0.6326% 0.7125

Page 5: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

KJIliikt 8HRVAE 814

Tract Lessor

Jeffery S. Ward5522 Battlesburg St. SEWaynesburg, OH 44688

LeaseStatus

Unleased

InterestWithinUnit

0.6326%

GrossAcreageIn Unit

0.7125

Judy Gayle Fletcher Murray20129 N.'Golden Barrel Dr.Surprise, AZ 85734

Patricia S.HogstonP.O. Box 427Grundy, VA 24614

Charliece S.Fierbaugh7900 Johnson DriveBox 447Knoxville, TN 37998

Buchanan Gas Company LLCc/o John Matney2700 Lee HighwayBristol, VA 24202

Unleased 0.6326% 0.7125

Unleased 1.4760% 1.662

Unleased 1.4760% 1.662

Unleased 1.4760% 1.662

TOTAL GAS ESTATE 1PP% 112.69

Percentage of Unit LeasedPercentage of Unit Unleased

Acreage in Unit LeasedAcreage in Unit Unleased

ti4 41%35.59%

72.5840.11

Page 6: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

TRACT LESSOR

Betty J. Wade16550 Buchard StreetFountain Valley, CA 92708

Donald H. Dotson1140 Churchmont SECanton, OH 44707

Judy Gayle Fletcher Murray20129 N. Golden Barrel Dr.Surprise, AZ 85734

Patricia S. HogstonP.O. Box 427Grundy, VA 24614

Buchanan Gas Company LLCcro John Matney2700 Lee HighwayBristol, VA 24202

CASH CONSIDERATION

0.7125X $5.00 = $3.56

0.7125X $5.00 = $3.56

0.7125X $5.00 = $3.56

1.662X $5.00 = $8.31

1.662X $5.00 = $8.31

That pursuant to the provision of 4VAC 25-160.70C annexed hereto and incorporated herein is aproposed supplemental order to be entered to complete the record regarding elections; that saidannexed suppletnental order sets forth that the services of the Escrow Agent are not required inthis matter ursuant to the terms of 45.1-361.21.D.

cat& txingsiort, T ssc,th's C4 d yof 2006

iir

Taken, subscribed and sworn to Qfo+se by James E. Kaiser, the Agent og Rock

g '%Ioratiop Inc., a corporation qR~of Q corporation, this M — day of

My commissjan expires: /AMP/'"NKi" 2"5'~

Notary = ~ QF:.0$

VIRGINIA: In the Ctgfk's Office of the Ci Coun of Buchanan County. The foregoing instrumentwas this day presented in pp aforesaid wi certificate of owled t grpsEted,admitted to record this ~ day ofThe tax imposed by $587.1-$02 of the Code fias bhn paid in the amount of $Deed Book No. —~cfbige No. -—. TE es $4. Bevins, Jr., ClerkReturned to: ~~~~ . TESTE~Uddusilir id L~ Deputy Clerk

Page 7: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

070000709

INSTRVI4NT FRBFARBD BYVIRGINIA GAS AIID OIL BOARD !

ORDBR RBCORDBD UNDBR CODSOF VIRGINIA SECTION 45.1-36126

VIRGINIA:

BEFORE THE VIRGINIA GAS AND OIL BOARD

SUPPLEMENTAL ORDER REGARDINGELECTIN$ , UNIT: HRVAE ¹14(hereinafinr 4Subject Drilling Unit" )

REPORT'. OF BOARD

FINDINGS AND ORDER

DOCKET NO. VGOB-05/12/13-1555

1. This Supplemental Order is entered by the Board sua snonte in the form authorized bythe Bxisxd at its hearing held at 9:00 a.m. on October 20, 1992, Board of SupcrvinirsRonmi Courthouse, Grundy, Virginia, and pursuant to authority granted to the Board'sCbnixxtian at the bearing of the Virginia Gas and Oil Board on June 16, 1992, at 9:00are. at the Rhododendron Restaurant at the Breaks Interstate Park, Breaks, Virginia;and this Supplemental Order is being recorded for the puxpose of (I) complying withthel ~ent of the Virginia Gas and Oil Board Regulanons, 4 VAC 25-160.70Cbystq)pic)nenting the Order previously issued by the Boaxd for subject Docket onDes~or 13, 2005 and recorded instrument ¹06-00020161 in thc Officc of thc Clerkof Cixbuit Court, Buchanan County, Virginia on January 12, 2006 (herein "BoardOr(icr'I) to complete the record regarding elections. The Board Order pooled allinttsest in Subject Drilling Unit includmg those of the Respondents more paxtictdarlyset'orth and identified by the Designated Operator in the affidavits attached heretoan4 mINIc a part hereof. The Board finds it bas jurisdiction over the subject matter

pursuant to the provisions of the Virginia Gas and Oil Act, $ 45.1-361.1~ ssg.,ViIIgmia Code, 1950 as amended.

2. FindhIRS: The Board inde that:

3.(a) The Board Order directed Haxd Rock Exploration, Inc., (herein the Designated

Operator" ), to mail copies of the Board Order to all respondents whose interest,if any, were pooled by said Board Chder;

(b) Thc designated operator Sled its affidavit of mailing dated March 9, 2006,disclosing that it had mailed a correct copy of the Board's Order to allRespondents whose interest, if any, were pooled by said Boaxd Order;

(c) The Board Chder required each Respondent whose interest, if any, were pooledby the terms of said Board Order to make his or her election within thhty (30)days after the date of maiTing or reconhng, as applicable, of said Order; theDesignated Operator has filed its affidavit dated October 25, 200607, inaccordance with tj 7.C of the Virginia Gas and Oil Board Regulations and 4

Page 8: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

VAC 25-160.70C (herein Affidavit of Election" ), wherein it has, for eachRespondent whose interest, if any, were pooled by said Board Order, stated: (i)whether each Respondent has made or failed to make a timely election; (ii) thenature of the election made, if any; (iii) whether, by reason of a failure to elector to timely elect one or more Respondents are deemed, under the terms of theBoard's Order, to have leased all their rights, title, interest, estates and claims inSubject Drilling Unit to the Designated Operator;

(d) The Board Order further required the Designated Operator, after expiration ofthe election period, to file with the Board a statement of the interests subject toescrow under the terms and provisions of the Board Order, in light of theelections made or deemed to have been made (herein "Statement of Interests" );that the Designated Operamr furnished said Statement of Interests as part of itsAffidavit ofElection. A copy ofwhich is attached hereto as Exhibit B;

(e) Current Board~requiring the escrow of funds and the Board'sagreement with its Escrow Agent, Wachovia Bank, Corporate Trust, PA 1328,123 South Broad Street, Philadelphia, PA 19109-1199,(888) 396-0853, Attn:Rachel Rafferty, or any successor named by the Board, require the entry of aSupplemental Order establishing of record the elections made or deemed tohave been made and specifying the sums or percentage thereof subject toescrow. Current Board escrow standards were made applicable to SubjectDrilling Unit by a Board Order dated December 23, 1992.

3. ~By this Order, the Board orders the Designated Operator to tender, consistentwith and in accordance with the findings set forth at paragraph 2 above and theannexed Afildavits, any funds subject to escrow and instructs the Escrow Agent,%lachovia Bank, Corporate Trust, PA 1328, 123 South Broad Street, Philadelphia, PA19109-1199,(888) 396-0853, Attn: Rachel Rafferty, or any successor named by theBoard to establish interest-bearing escrow account(s), IRS Tax Identification Number54-1629506, in accordance with the information set forth in said afftdavits to receivesuch funds and account to the Board therefore.

4. MaiTinu of Order and Filuut of Affidavit: The Designated Operator under thecaptianed Order or its Attorney shall file an affidavit with the Secretary of the Board

ten (10)days afier the date of receipt of this Order stating that a true andcorrect copy of this Order was mailed to each person whose interest or claim issubject to escrow and whose address is known.

5. Conclusion: Therefore, the findings and all terms and provisions set forth above beand hereby are granted and IT IS SO ORDERED.

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

Page 9: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

DONE AND EXECUTED this A~ day of Al», 20Ptfby a majorityof the Virginia Gas and Oil Board.

Be6dy R. WdnplerF~of this Board.

8;R. %'ilsonPrincipal Executive to the StaffVirginia Gas and Oil Board

STATE OF VIRGINIA )COUNTYOFl~i '

)

Acknowledged on this~ay ofM~~~ .,284 personally before me a notarypublic in and for the Commonwealth of Virginia, ~ed Benny R. Wampler, being dulysworn did depose and say that he is Chairman of the Virginia Gas and Oil Board, that heexecuted the same and was authorized to do so.

Notary Public

My commission expires: JN- 9A~axo

STATE OF VIRG )COUNTY OF /w in~Acknowledged on this~ day of. +W~6,2005, personally before me anotary public in and for the Commonwealth of Virginia, appeared B.R. Wilson, being dulysworn did depose and say that he is Principal Executive to the Staff Virginia Gas and OilBoard, that he executed the same and was authorized so.

J~C7Diane J. DavisNotary Public

My commission expires:

Page 10: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

VIRGINIA:

BEFOJIE THE VIRG1MA GAS AND OIL BOARD

IN RE: Application of Hard Rock Exploration Inc., for Forced Pooling of Interests in UnitNumber HRVAE ¹14 VGOB Docket No. VGOB-05/12/13-1555 in the Rocklick MagisterialDistrict of Buchanan County, Virginia.

AMENDED AFFIDAVIT OF WILHOIT /k KAISER, Attorneys-at-Law, Agents for theDesignated Operator REGARDING ELECTIONS, ESCROW ACCOUNTS AND AMENDEDSUPPLEMENTAL ORDER

James E. Kaiser (herein Affiant), being first duly sworn on oath, deposes and says:

1. That the Affiant is an attorney in the law firm of WILHOIT 4 KAISER, the Agent forthe Designated Operator, with offices located at 220 Broad Street, Kingsport,Tennessee 37660, and is authorized to give this Affidavit in its behalf;

2. That the Order entered on January 10, 2006 by the Virginia Gas and Oil Boardregarding the captioned Conventional Unit required the Applicant to mail a true andcorrect copy of said Order to each person pooled by said Order;

3. That within seven (7) days of the receipt of an executed copy of the Order referred toat Paragraph 2. above, the Affiant was directed to cause a true and correct copy ofsaid Order to be mailed via the United States Postal Service to each Respondentnamed in the captioned Application, whose address was known, and to all persons, ifany, who are added as Respondents at the hearing held in the captioned matter;

4. That the Order of the Virginia Gas and Oil Board in the captioned matter requiredall persons pooled thereby to tender their written elections to the Unit Operator withinthirty (30) days of the date said Order was recorded in the county above named; thatsaid Order was recorded on January 12, 2006.

5. That the Designated Operator, by and through their agent, Wilhoit 8h Kaiser,Attorneys-at-Law, have established procedures to review all mail received and allwritten documents received by means other than by mail to ascertain whether partieswhose interest have been pooled have made a written election, in a timely fashion, asrequired by the captioned Order; that said procedures were followed to identify the

1

Page 11: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

elections, if any, made with regard to Subject Unit; that the following personsdelivered, by mail or otherwise, written elections to the Unit Operator, within thethirty day election periods:

Lessor Elected

Leased Through:

Bull Creek Coal Company a ParticipationVirginia Limited PartnershipBox 187Tazewell, VA 24651

Chesapeake Appalachia LLC900 Pennsylvania AvenueP.O. Box 6070Charleston, WV 25362-0070'*Oil 8 Gas Lessee

Carol Combs Irvin4710 Hunterwood CircleRichmond, TX 77469

Participation

Frederick Herman Combs II Participation318 East FincastleTazewell, VA 24651

Martha Ellen CombsP.O. Box 1404Abingdon, VA 24212

Participation

Agent: John C. Irvin

4710 Hunterwood CircleRichmond, TX 77469

Cash ConsiderationMary E. Conner5015 Harmont NECanton, OH 44707

Cash ConsiderationDavid E. Ward841 Hollywood NECanton, OH 44707

Jeffery S. Ward5522 Battlesburg St. SEWaynesburg, OH 44688

Charliece S. Fierbaugh7900 Johnson DriveBox 447Knoxville, TN 37998

Cash Consideration

Carried Interest

Page 12: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

6. That the interest and/or claims of the following persons (who made timely elections, orwho are deemed under the terms of the Board's Order to have leased, or who,subsequent to the pooling hearing held in the captioned matter, have leased orotherwise entered into an agreement with the Designated Operator) are subject toescrow under the Board's Order pooling the captioned Unit, as unknownor/unloc stable.

NONE

7. That after the pooling hearing held in the captioned matter, the following persons haveleased or entered into a voluntary agreement with the Designated Operator withregard to their interest and/or claims.

NONE

8. That the following persons have not made a timely election and have failed to enterinto an agreement with the Designated Operator and their respective interests shall bedeemed to have leased pursuant to and in accordance with paragraph 10 of the Order.

TRACT LESSOR CASH COtSSIOERATION

Karen Westbrook 3.2933X $5.00 = $16.472614 Laurel Grove RdMachanicsville, VA

Mary E. Buston Booker 0.8233X $5.00 = $4.1213660 Brynwood Lane S.E.Ft. Myers, FL 33912

James G. Buston Il

1511 Tudor LaneRichmond, VA 23235

0.8233X $5.00 = $4.12

Leased Through:

Mountain Mission School 2.898 X $5.00 = $14.491 Hurley StreetGrundy, VA 24614

CNX Gas Company LLCAttn: Les AmngtonP.O. Box 947Bluefield, VA 24605'Ot t S Gas Lessee

Gaynell Street Fowler, Trustee 2.898 X $5.00 = $14.49of Fletcher Boyd Fowler TrustDrawer 901Grundy, VA 24614

Page 13: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

TRACT LESSOR CASH CONSIDERATION

Knox Creek Coal Company 11.592X $5.00 = $57.96P.O. Box 519Raven, VA 24369

Jeanelle I. Spurlock1140 Churchmont SeCanton, OH 44707

Betty J. Wade16550 Buchard StreetFountain Valley, CA 92708

Donald H. Dotson1140 Churchmont SECanton, DH 44707

0.6326 X $5.00 = $3.16

0.6326 X $5.00 = $3.16

0.6326 X $5.00 = $3.16

Judy Gayle Fletcher Murray 0.6326 X $5.00 = $3.1620129 N. Golden Barrel Dr.Surprise, AZ 85734

Patricia S. HogstonP.O. Box 427Grundy, VA 24614

1.4760X $5.00 = $7.38

Buchanan Gas Company LLC 1.4760X $5.00 = $7.38cfo John Matney2700 Lee HighwayBristol, VA 24202

That pursuant to the provision of 4VAC 25-160.70C annexed hereto and incorporated herein is aproposed supplemental order to be entered to complete the record regarding elections; that saidannexed supplemental order sets forth that the services of the Escrow Agent are not required inthis matter pursuant to the terms of8 45.1-361.21.D.

/~Dated at Kingspert, Tennessee, this day of 2006

Page 14: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

Taken, subscribed and sworn to before me by James E. Kaiser, the Agent of d Rock

Eplo Et ., tpotatloa, a EEf f ta otpotatloo, ta day of, 2006.

My commission expires: X7-lP ~ h

Page 15: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

Exhibit BHRVAE ¹14

Tract LessorLeaseStatus

InterestWithinUnit

GrossAcreageIn Unit

C.L.Ritter Lumber Co., Inc.Box 700Huntington, WV 25711

Leased 64 41% 72.58

Karen Westbrook2614 Laurel Grove RdMachanicsville, VA

Mary E. Buston Booker13660 Brynwood Lane S.E.Ft. Myers, FL 33912

James G. Buston II1511Tudor LaneRichmond, VA 23235

Bull Creek Coal Company aVirginia Limited PartnershipBox 187Tazewell, VA 24651

Unleased 3.2933% 3.7155

Unleased 0.8233% 0.9288

Unleased 0.8233% 0.9288

*Unleased 2.4699% 2.786

Leased Through: Chesapeake Appalachia LLC900 Pennsylvania AvenueP.O. Box 6070Charleston, WV 25362-0070**Oil dt Gas Lessee

Carol Combs Irvin4710 Hunterwood CircleRichmond, TX 77469

Frederick Herman Combs II318 East FincastleTazewell, VA 24651

**Unleased 0.6439% 0.7256

**Unleased 0.6439% 0.7256

Page 16: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

Exhibit BHRUAE ¹14

~Tct Lessor

Martha Ellen CombsP.O. Box 1404Abingdon, VA 24212

Agent:

InterestLease WithinStatus Unit

'*Unleased 0.6439%

John C. Irvin4710 Hunterwood CircleRichmond, TX 77469

GrossAcreageIn Unit

0.7256

Mountain Mssion School1 Hurley StreetGrundy, VA 24614

*eeUnleased 2.898% 3.2655

Gaynell Street Fowler, Trusteeof Fletcher Boyd Fowler TrustDrawer 901Grundy, VA 24614

Knox Creek Coal CompanyP.O. Box 519Raven, VA 24369

Unleased 2.898% 3.2655

Unleased 11.592% 13.062

CNX Gas Co. LLCAttn: Les ArringtonP.O. Box 947Bluefield, VA 24605«OII dt Gas Lessee

Jeanelle I. Spurlock1140Churchmont SeCanton, OH 44707

Unleased 0.6326% 0.7125

Betty J. Wade16550 Buchard StreetFountain Valley, CA 92708

Donald H. Dotson1140Churchmont SECanton, OH 44707

Mary E. Conner5015 Harmont NECanton, OH 44707

Unleased 0.6326% 0.7125

Unleased 0.6326% 0.7125

Unleased 0.6326% 0.7125

Page 17: 060005jss - Dept of Mines Minerals and Energy · VGOB-05/12/13-1555 1. This Supplemental Order is entered by the Board sua snonte in the form authorized by the Bxisxd at its hearing

Exhibit BHRVAE ¹14

Trrctt LeeLor

David E. Ward841 Hollywood NECanton, OH 44707

LeaseStatus

Unleased

InterestWithinUnit

0.6326%

GrossAcreageIn Unit

0.7125

Jeifery S.Ward5522 Battlesburg St. SEWaynesburg, OH 4468$

Judy Gayle Fletcher Murray20129 N. Golden Barrel Dr.Surprise, AZ 85734

Patricia S.HogstonP.O. Box 427Grundy, VA 24614

Charliece S.Fierbaugh7900 Johnson DriveBox 447Knoxville, TN 37998

Buchanan Gas Company LLCcfo John Matney2700 Lee HighwayBristol, VA 24202

Unleased 0.6326% 0.7125

Unleased 0.6326% 0.7125

Unleased 1.4760o/o 1.662

Unleased 1.4760% 1.662

Unleased 1.4760o/o 1.662

TOTAL GAS ESTATE

Percentage of Unit LeasedPercentage ofUnit Unleased

Acreage in Unit LeasedAcreage in Unit Unleased

101P/o 112.69

64 4i35.59%

72.5$40.11

Wo~- voqVIRGINIA: In the Clerkg Office of the Circuit Court of Buchanan County. The foregoing instrumentwas this day Presented in thegig+oresaid 'ther with the certificate of aciisowledgfnap]ggpssed,admitted to record this I day of ArM t2/Ls ~,20 id / /ooof d If'.Deed Book No. ~attd Page No. ~Returned to: M > Psn Jto 6 - . TESTh'.'dffl@lr A Lk4/uSdgagtasPClerk

0