ii - dmme.virginia.gov...l y virginia: instrument prepared bv 30tlko 6 2 0 pa6e 03 0 7 virginia gas...

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L y VIRGINIA: INSTRUMENT PREPARED BV 30tLKO 6 20 PA6E 0 3 0 7 VIRGINIA GAS AND OIL BOARD BEFORE THE VIRGINIA GAS AND OIL BOARD APPLICANT: RELIEF SOUGHT: CNX GAS COMPANI LLC POOLING OF INTERESTS IN DRILLING UNIT W-34 LOCATED IN THE OAKWOOD COALBED METHANE O}LS FIELD II PURSUANT TO VA. CODE 55 45.1-361.21 AND 45.1-361.22, FOR THE PRODUCTION OF OCCLUDED NATURAL GAS PRODUCED FROM COALBEDS AND ROCK STRATA ASSOCIATED THEREWITH (herein Collectively referred to as "Coalbed Methane Gas" or "Gas") LEGAL DESCRIPTION: DRILLING UNIT NUMBER W-34 (herein "Subject Drilling Unit" ) IN THE OAKWOOD COALBED METHANE GAS FIELD II GARDEN MAGISTERIAL DISTRICT, KEEN EOU}FZAIN {}UADRANOLE BUCHANAN COUNTY, VIRGINIA (the "Subject Lands" are more particularly described on Exhibit A, attached hereto and made a part hereof ) VIRGINIA GAS ) AND OIL BOARD ) ) DOCKET NO. ) 97-0318-0571-02 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) REPORT OF THE BOARD FINDINGS AND ORDER 1. Hearing Date and Place: This matter came on for final hearing before the Virginia Gas and Oil Board (hereafter "Board" ) at 9:00 a.m. on December 14, 2004 at the Southwest Virginia Higher Education Center on the campus of Virginia Highlands Community College, Abingdon, Virginia. 2. Appearances: Mark Swartz, Esquire, of the firm swartz 4 Stump, L.C., appeared for the Applicant; and Sharon M.B. Pigeon, Assistant Attorney General, was present to advise the Board. 3. Jurisdiction and Notice: Pursuant to Va. Code 55 45.1- 361.1 et ~se ., the Board finds that it has jurisdiction over the subject matter. Based upon the evidence presented by Applicant, the Board also finds that the Applicant has (1) exercised due diligence in conducting a search of the reasonably available sources to determine the identity and whereabouts of gas and oil owners, coal owners, mineral owners and/or potential owners, i.e., persons identified by Applicant as having (" Owner" ) or claiming (" Claimant" ) the rights to Coalbed Methane Gas in all coal seams below the Tiller Seam, including the Upper Seaboard, Greasy Creek, Middle Seaboard, Lower Seaboard, Upper Horsepen, Middle Horsepen, War Creek, Lower Horsepen, Pocahontas No. 9, Pocahontas No. 8, Pocahontas No. 7, Pocahontas No. 6, Pocahontas

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Page 1: II - dmme.virginia.gov...l y virginia: instrument prepared bv 30tlko 6 2 0 pa6e 03 0 7 virginia gas and oil board before the virginia gas and oil board applicant: relief sought: cnx

L y

VIRGINIA:

INSTRUMENT PREPARED BV

30tLKO 6 2 0 PA6E 0 3 0 7 VIRGINIA GAS AND OIL BOARD

BEFORE THE VIRGINIA GAS AND OIL BOARD

APPLICANT:

RELIEF SOUGHT:

CNX GAS COMPANI LLC

POOLING OF INTERESTS INDRILLING UNIT W-34 LOCATED

IN THE OAKWOOD COALBED METHANE O}LS

FIELD II PURSUANT TO VA. CODE

55 45.1-361.21AND 45.1-361.22, FORTHE PRODUCTION OF OCCLUDED NATURAL

GAS PRODUCED FROM COALBEDS AND ROCK

STRATA ASSOCIATED THEREWITH (hereinCollectively referred to as"Coalbed Methane Gas" or "Gas")

LEGAL DESCRIPTION:

DRILLING UNIT NUMBER W-34(herein "Subject Drilling Unit" )IN THE OAKWOOD COALBED METHANE GAS FIELD IIGARDEN MAGISTERIAL DISTRICT,KEEN EOU}FZAIN {}UADRANOLE

BUCHANAN COUNTY, VIRGINIA(the "Subject Lands" are moreparticularly described on Exhibit A,attached hereto and made a part hereof

) VIRGINIA GAS

) AND OIL BOARD

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) DOCKET NO.) 97-0318-0571-02)

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REPORT OF THE BOARD

FINDINGS AND ORDER

1. Hearing Date and Place: This matter came on for finalhearing before the Virginia Gas and Oil Board (hereafter "Board" ) at9:00 a.m. on December 14, 2004 at the Southwest Virginia HigherEducation Center on the campus of Virginia Highlands Community College,Abingdon, Virginia.

2. Appearances: Mark Swartz, Esquire, of the firm swartz 4Stump, L.C., appeared for the Applicant; and Sharon M.B. Pigeon,Assistant Attorney General, was present to advise the Board.

3. Jurisdiction and Notice: Pursuant to Va. Code 55 45.1-361.1 et ~se ., the Board finds that it has jurisdiction over thesubject matter. Based upon the evidence presented by Applicant, theBoard also finds that the Applicant has (1) exercised due diligence inconducting a search of the reasonably available sources to determinethe identity and whereabouts of gas and oil owners, coal owners,mineral owners and/or potential owners, i.e., persons identified byApplicant as having ("Owner" ) or claiming ("Claimant" ) the rights toCoalbed Methane Gas in all coal seams below the Tiller Seam, includingthe Upper Seaboard, Greasy Creek, Middle Seaboard, Lower Seaboard,Upper Horsepen, Middle Horsepen, War Creek, Lower Horsepen, PocahontasNo. 9, Pocahontas No. 8, Pocahontas No. 7, Pocahontas No. 6, Pocahontas

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OOOKO 6 2 0 PAGE 0 3 0 8No. 5, Pocahontas No. 4, Pocahontas No. 3, Pocahontas No. 2 and variousunnamed coal seams and rock strata associated therewith (hereafter"Subject Formation" ) in Subject Drilling Unit underlying and comprisedof Subject Lands; (2) represented it has given notice to those parties(hereafter sometimes "person(s) " whether referring to individuals,corporations, partnerships, associations, companies, businesses,trusts, joint ventures or other legal entities) entitled by Va. Code45.1-361.19and 45.1-361.22, to notice of the Application filed herein;and (3) that the persons set forth in their Application and Notice ofHearing have been identified by Applicant through its due diligence asOwners of Claimants of Coalbed Methane Gas interests in SubjectFormation, in Subject Drilling Unit and that the persons identified inExhibit B-3 attached hereto are persons identified by Applicant who maybe Owners or Claimants of Coalbed Methane Gas interests in SubjectFormation who have not heretofore agreed to lease or sell to theApplicant and/or voluntarily pool their Gas interests. Conflicting GasOwners/Claimants in Subject Drilling Unit are listed on Exhibit E.Further, the Board has caused notice of this hearing to be published asrequired by Va. Code 5 45.1-361.19.B.Whereupon, the Board hereby findsthat the notices given herein satisfy all statutory requirements, Boardrule requirements and the minimum standards of due process.

4. Amendments: Exhibits B-3, E

5. Dismissals:

6. Relief Requested: Applicant requests (1) that pursuant toVa. Code 5 45.1-361.22, including the applicable portions of Va. Code 545.1-361.21, the Board pool all the rights, interests and estates inand to the Gas in Subject Drilling Unit, including the pooling of theinterests of the Applicant and of the known and unknown persons namedin Exhibit B-3 hereto and that of their known and unknown heirs,executors, administrators, devisees, trustees, assigns and successors,both immediate and remote, for the drilling and operation, includingproduction, of Coalbed Methane Gas, produced from or allocated to theSubject Drilling Unit established for the Subject Formation underlyingand comprised of the Subject Lands, (hereafter sometimes collectivelyidentified and referred to as "Well Development and/or Operation in theSubject Drilling Unit" ), and (2) that the Board designate CNX GasCompany LLC as Unit Operator.

7. Relief Granted: The Applicant's requested relief in thiscause shall be and hereby is granted: (1) Pursuant to Va. Code 5 45.1-361.21.C.3, CNX Gas Company LLC (hereafter "Unit Operator" ) isdesignated as the Unit Operator authorized to drill and operate theCoalbed Methane Gas well in the Subject Drilling Unit at the locationdepicted on the plat attached hereto as Exhibit A, subject to thepermit provisions contained in Va. Code 95 45.1-361.27 et ~se .; to theOakwood Coalbed Methane Gas Field II Order docket number VGOB 91-1119-162, effective December 17, 1991; to 55 4 VAC 25-150 et ~se ., Gas andOil Regulations; and to 55 4 VAC 25-160 et ~se ., Virginia Gas and OilBoard Regulations, all as amended from time to time, and (2) all theinterests and estates in and to the Gas in Subject Drilling Unit,including that of the Applicant and of the known and unknown personslisted on Exhibit B-3, attached hereto and made a part hereof, and

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aaaKO 6 2 0 PAGE 0 3 0 9

their known and unknown heirs, executors, administrators, devisees,trustees, assigns and successors, both immediate and remote, be andhereby are pooled in the Subject Formation in the Subject Drilling Unitunderlying and comprised of the Subject Lands.

Pursuant to the Oakwood II Pield Rules promulgated under theauthority of Va. Code 5 45.1-361.20, the Board has adopted thefollowing method for the calculation of production and revenue andallocation of allowable costs for the production of Coalbed MethaneGas, dependent on the particular long wall mining plan applicable toeach 80-acre drilling unit. The Designated Operator of any 80-acredrilling unit or units within the boundaries, of which any long wallpanel which has been isolated by the driving of entries is located andfrom which Unsealed Gob Gas, Short Hole Gas or Gas from any Wellauthorized by the Code of Virginia is produced, shall calculateproduction and revenue based upon the mine plan as implemented withineach affected 80-acre drilling unit and in, particular, based upon themineral acreage, as platted upon the surface, in each 80-acre drillingunit actually contained within a long wall panel as depicted by saidmine plan. Except as otherwise provided herein, a copy of thepertinent portion of the mine plan being utilized to calculateproduction, revenue and costs from any affected 80-acre drilling unitshall be filed of record with the Board prior to the payment of anyrevenue based upon such calculations.

The formula or division of interest for production from any 80-acre drilling unit affected by a long wall panel and from any;separately owned tract in any such 80-acre unit shall be calculated asfollows:

7.1 Por Short Hole Gas — The amount of production produced fromand attributed to each 80-acre drilling unit shall be theratio (expressed as a percentage) that the amount ofmineral acreage, when platted on the surface, which is bothin the affected unit and the long wall panel, bears to thetotal mineral acreage, when platted on the surface,contained within the entire long wall panel affecting such80-acre drilling unit.

7.2 Por Unsealed Gob Gas — The amount of production producedfrom and attributed to each 80-acre drilling unit shall bethe ratio (expressed as a percentage) that the amount ofmineral acreage, when platted on the surface, which is bothin the affected unit and the long wall panel, bears to thetotal mineral acreage, when platted on the surface,contained within the entire long wall panel affecting such80-acre drilling unit.

7.3 a. Por Gas from Anv Well Located in a Long Wall PanelAfter actual commencement of coal mining operations by thedriving of entries and completion of isolation of a longwall panel, the amount of Gas produced from such a well andattributed to each 80-acre drilling unit shall be the ratio(expressed as a percentage) that the amount of mineralacreage, when platted on the surface, which is both in theaffected 80-acre drilling unit and the isolated long wallpanel, bears to the total mineral acreage, when platted on

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OMK0620 PAGE03 I 0

the surface, contained within the entire long wall panelaffecting such 80-acre drilling unit.

b. For Frac Well Gas — Prior to the actual commencement ofcoal mining operations by the driving of entries andcompletion of isolation of a long wall panel, Gas from anywell located in a proposed long wall panel shall beproduced from and allocated to only the 80-acre drillingunit in which the well is located according to theundivided interests of each Owner/Claimant within the unit,which undivided interest shall be the ratio (expressed as apercentage) that the amount of mineral acreage within eachseparate tract that is within the Subject Drilling Unit,when platted on the surface, bears to the total mineralacreage, when platted on the surface, contained within theentire 80-acre drilling unit in the manner set for the inthe Oakwood I Field Rules.

8. Election and Election Period: In the event any Owner orClaimant named in Rchibit B-3 hereto does not reach a voluntaryagreement to share in the operation of the well located in the SubjectDrilling Unit, at a rate of payment mutually agreed to by said GasOwner or Claimant and the Unit Operator, then such person named mayelect one of the options set forth in Paragraph 9 below and must givewritten notice of his election of the option selected under Paragraph 9to the designated Unit Operator at the address shown below withinthirty (30) days from the date of receipt of a copy of this Order. A

timely election shall be deemed to have been made if, on or before thelast day of said 30-day period, such electing person has delivered hiswritten election to the designated Unit Operator at the address shownbelow or has duly postmarked and placed its written election in firstclass United States mail, postage prepaid, addressed to the UnitOperator at the address shown below.

9. Election Options:

9.1 Option 1 - To Participate In The Well Development andOperation of the Drilling Unit: Any Gas Owner or Claimantnamed in Exhibit B-3 who does not reach a voluntary agreementwith the Unit Operator may elect to participate in the WellDevelopment and Operation in the Subject Drilling Unit(hereafter "Participating Operator" ) by agreeing to pay theestimate of such Participating Operator's proportionate partof the actual and reasonable costs of the Well Developmentcontemplated by this Order for Gas produced pursuant to theOakwood II Field Rules, including a reasonable supervisionfee, as more particularly set forth in Virginia Gas and OilBoard Regulation 4 VAC 25-160-100 (herein "Completed-for-Production Costs" ). Further, a Participating Operator agreesto pay the estimate of such Participating Operator'sproportionate part of the Completed-for-Production Cost as setforth below to the Unit Operator within forty-five (45) daysfrom the later of the date of mailing or the date of recordingof this Order. The Completed-for-Production Cost for theSubject Drilling Unit is as follows:

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OOOKO 6 2 0 PAGE 0 3 I I

Completed-for-Production Cost: Panel 11-EastPanel 12-EastPanel 13-EastPanel 4-East

Total

$ 2,491.80$111,006.17$ 62,359.615 14,430.02$190,287.59

A Participating Operator's proportionate cost hereunder shall bethe result obtained by multiplying the Participating

Operators'Interestin Unit" times the Completed-for-Production Cost setforth above. Provided, however, that in the event a ParticipatingOperator elects to participate and fails or refuses to pay theestimate of his proportionate part of the Completed-for-Production Cost as set forth above, all within the time set forthherein and in the manner prescribed in Paragraph 8 of this Order,then such Participating Operator shall be deemed to have electednot to participate and to have elected compensation in lieu ofparticipation pursuant to Paragraph 9.2 herein.

9.2 Option 2 — To Receive A Cash Bonus Consideration: In lieuof participating in the Well Development and Operation inSubject Drilling Unit under Paragraph 9.1 above, any GasOwner or Claimant named in Exhibit B-3 hereto who does notreach a voluntary agreement with the Unit Operator mayelect to accept a cash bonus consideration of $1.00 per netmineral acre owned by such person, commencing upon entry ofthis Order and continuing annually until commencement ofproduction from Subject Drilling Unit, and thereafter aroyalty of 1/8th of 8/Sths [twelve and one-half percent(12.5%)] of the net proceeds received by the Unit Operatorfor the sale of the Coalbed Methane Gas produced from anyWell Development and Operation covered by this Ordermultiplied by that person's Interest in Unit orproportional share of said production [for purposes of thisOrder, net proceeds shall he actual proceeds received lesspost-production costs incurred downstream of the wellhead,including, but not limited to, gathering, compression,treating, transportation and marketing costs, whetherperformed by Unit Operator or a third person] as fair,reasonable and equitable compensation to be paid to saidGas Owner or Claimant. The initial cash bonus shall becomedue and owing when so elected and shall be tendered, paidor escrowed within one hundred twenty (120) days ofrecording of this Order. Thereafter, annual cash bonuses,if any, shall become due and owing on each anniversary ofthe date of recording of this order in the event productionfrom Subject Drilling Unit has not theretofore commenced,and once due, shall be tendered, paid or escrowed withinsixty (60) days of said anniversary date. Once the initialcash bonus and the annual cash bonuses, if any, are so paidor escrowed, subject to a final legal determination ofownership, said payment(s) shall be satisfaction in fullfor the right, interests, and claims of such electingperson in and to the Gas produced from Subject Formation inthe Subject Lands, except, however, for the 1/8th royaltiesdue hereunder.

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80N0620 PA6E03 I 2

Subject to a final legal determination of ownership, theelection made under this Paragraph 9.2, when so made, shallbe satisfaction in full for the right, interests, and

claims of such electing person in any Well Development and

Operation covered hereby and such electing person shall bedeemed to and hereby does lease and assign, its right,interests, and claims in and to the Gas produced from

Subject Formation in the Subject Drilling Unit to theApplicant.

9.3. Option 3 - To Share In The Well Development And OperationAs A Non-Participating Person On A Carried Basis And To

Receive Consideration In Lieu Of Cash: In lieu ofparticipating in the Well Development and Operation inSubject Drilling Unit under Paragraph 9.1 above and in lieuof receiving a Cash Bonus Consideration under Paragraph 9.2above, any Gas Owner or Claimant named in Exhibit B-3hereto who does not reach a voluntary agreement with theUnit Operator may elect to share in the Well Developmentand Operation of Subject Drilling Unit on a carried basis(as a "Carried Well Operator"] so that the proportionatepart of the Completed-for-Production Cost hereby allocableto such Carried Well Operator's interest is charged againstsuch Carried Well Operator's share of production fromSubject Drilling Unit. Such Carried Well Operator'srights, interests, and claims in and to the Gas in SubjectDrilling Unit shall be deemed and hereby are assigned tothe Applicant until the proceeds from the sale of suchCarried Well Operator's share of production from SubjectDrilling Unit (exclusive of any royalty, excess oroverriding royalty, or other non-operating or non cost-bearing burden reserved in any lease, assignment thereof oragreement relating thereto covering such interest) equalsthree hundred percent (300%) for a leased interest or twohundred percent (2009) for an unleased interest (whicheveris applicable) of such Carried Well Operator's share of theCompleted-for-Production Cost allocable to the interest ofsuch Carried Well Operator. When the Applicant recoups andrecovers from such Carried Well Operator's assignedinterest the amounts provided for above, then, the assignedinterest of such Carried Well Operator shall automaticallyrevert back to such Carried Well Operator, and from andafter such reversion, such Carried Well Operator shall betreated as if it had participated initially under Paragraph9.1 above; and thereafter, such participating person shallbe charged with and shall pay his proportionate part of allfurther costs of such Well Development and Operation.

Subject to a final legal determination of ownership, theelection made under this Paragraph 9.3, when so made, shallbe satisfaction in full for the rights, interests, andclaims of such electing person in any Well Development andOperation covered hereby and such electing person shall bedeemed to have and hereby does assign its rights,interests, and claims in and to the Gas produced fromSubject Formation in the Subject Drilling Unit to theApplicant for the period of time during which its interest

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is carried as above provided prior to its reversion back tosuch electing person.

10. Failure to ProPerlY Elect: In the event a person named inExhibit B-3 hereto does not reach a voluntary agreement with the UnitOperator and fails to elect within the time, in the manner and inaccordance with the terms of this Order, one of the alternatives setforth in Paragraph 9 above for which his interest qualifies, then suchperson shall be deemed to have elected not to participate in theproposed Well Development and Operation in Subject Drilling Unit and

shall be deemed, subject to a final legal determination of ownership,to have elected to accept as satisfaction in full for such person'right, interests, and claims in and to the Gas the considerationprovided in Paragraph 9.2 above for which its interest qualifies and

shall be deemed to have leased and/or assigned his right, interests,and claims in and to the Gas produced from Subject Formation in theSubject Drilling Unit to the Applicant. Persons who fail to properlyelect shall be deemed, subject to a final legal determination ofownership, to have accepted the compensation and terms set forth hereinat Paragraph 9.2 in satisfaction in full for the right, interests, andclaims of such person in and to the Gas produced from the SubjectFormation underlying Subject Lands.

11. Default By Participating Person: In the event a personnamed in Exhibit B-3 elects to participate under Paragraph 9.1, butfails or refuses to pay, to secure the payment or to make anarrangement with the Unit Operator for the payment of such person'8proportionate part of the Completed-for-Production Cost as set forthherein, all within the time and in the manner as prescribed in thisOrder, then such person shall be deemed to have withdrawn his electionto participate and shall be deemed to have elected to accept assatisfaction in full for such person's right, interest, and claims inand to the Gas the consideration provided in Paragraph 9.2 above forwhich his interest qualifies depending on the excess burdens attachedto such interest. Whereupon, any cash bonus consideration due as aresult of such deemed election shall be tendered, paid or escrowed byUnit Operator within one hundred twenty (120) days after the last dayon which such defaulting person under this Order should have paid hisproportionate part of such cost or should have made satisfactoryarrangements for the payment thereof. When such cash bonusconsideration is paid or escrowed, it shall be satisfaction in full forthe right, interests, and claims of such person in and to the Gasunderlying Subject Drilling Unit in the Subject Lands covered hereby,except, however, for any royalties which would become due pursuant toParagraph 9.2 hereof.

12. Assignment of Interest: In the event a person named inExhibit B-3 is unable to reach a voluntary agreement to share in theWell Development and Operation contemplated by this Order at a rate ofpayment agreed to mutually by said Owner or Claimant and the UnitOperator, or fails to make an election under Paragraph 9.1 above, thensubject to a final legal determination of ownership, such person shallbe deemed to have and shall have assigned unto Applicant such person'right, interests, and claims in and to said well, and other share inproduction to which such person may be entitled by reason of anyelection or deemed election hereunder in accordance with the provisionsof this Order governing said election.

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13. Unit Operator (or Operator): CNX Gas Company LIC shall beand hereby is designated as Unit Operator authorized to drill andoperate the Coalbed Methane Well in Subject Formation in SubjectDrilling Unit, all subject to the permit provisions contained in Va.Code %5 45.1-361.27 et secs.; 95 4 VAC 25-150 et ~se ., Gas and OilRegulations; 55 4 VAC 25-160 et ~ece., Virginia Gas and Oil BoardRegulations; the Oakwood Coalbed Gas Field II Order Docket Number VGOB91-1119-162, all as amended from time to time, and all electionsrequired by this Order shall be communicated to Unit Operator inwriting at the address shown below:

CEX Gas Company LLCP.O. Box 947B1uefield, VA 24605Attn< Laslie K. Arrington

14. Commencement of Operations: Unit Operator shall commence orcause to commence operations for the drilling of the well(s) within theSubject Drilling Unit and/or the well(s) outside the Subject DrillingUnit but from which production is allocated to the Subject DrillingUnit within Seven Hundred and Thirty (730) days from the date of theOrder and shall prosecute same with due diligence. If Unit Operatorshall not have so commenced and/or prosecuted, then this Order shallterminate, except for any cash sums then payable hereunder; otherwise,unless sooner terminated by Order of the Board, this Order shall expireat 12:00 P.M. on the date on which all wells covered by the Orderand/or all wells from which production is allocated to the SubjectDrilling Unit are permanently abandoned and plugged. However, in theevent an appeal is taken from this Order, then the time between thefiling of the petition for appeal and the final Order of the CircuitCourt shall be excluded in calculating the two-year period referred toherein.

15. Operator's Lien: Unit Operator, in addition to the otherrights afforded hereunder, shall have a lien and a right of set off onthe Gas estates, rights, and interests owned by any person subjecthereto who elects to participate under Paragraph 9.1 in the SubjectDrilling Unit to the extent that costs incurred in the drilling oroperation on the Subject Drilling Unit are chargeable against suchperson's interest. Such liens and right of set off shall be separableas to each separate person and shall remain liens until the UnitOperator drilling or operating any well covered hereby has been paidthe full amounts due under the terms of this Order.

16. Escrow Provisions:

The Applicant represented to the Board that there araunknown or unlocatable claimants in Tract(s) 4F of the Subject DrillingUnit whose payments are subject to the provisions of Paragraph 16.1hereof in the Subject Drilling Unit; and, the Unit Operator hasrepresented to the Board that there are conflicting claimants inTract(s) 4A, 4B, 4C, 4D, 4E, 4F and 40 of Subject Drilling Unit whosepayments are subject to the provisions of Paragraph 16.2 hereof.Therefore, by this Order, the Escrow Agent named herein or anysuccessor named by the Board, is required to establish an interest-bearing escrow account for Tract(s) 4A, 4B, 4C, 4D, 4E, 49 and 4G of

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3llN0620 PA6E03 I 5Subject Drilling Unit (herein "Escrow Account" ), and to receive andaccount to the Board pursuant to its agreement for the escrowed fundshereafter described in Paragraphs 16.1 and 16.2:

Wachovia BankCorporate Trust PA 1328123 South Broad StreetPhiladelphia, PA 19109-1199Attention: Rachel Rafferty

16.1. Escrow Provisions For Unknown or Unlocatable Persons: Ifany payment of bonus, royalty payment or other payment dueand owing under this Order cannot be made because theperson entitled thereto cannot be located or is unknown,then such cash bonus, royalty payment, or other paymentshall not be commingled with any funds of the Unit Operatorand, pursuant to Va. Code 5 45.1-361.21.D, said sums shallbe deposited by the Unit Operator into the Escrow Account,commencing within one hundred twenty (120) days ofrecording of this Order, and continuing thereafter on amonthly basis with each deposit to be made, by use of areport format approved by the Inspector, by a date which isno later than sixty (60) days after the last day of themonth being reported and/or for which funds are beingdeposited. Such funds shall be held for the exclusive useof, and sole benefit of the person entitled thereto untilsuch funds can be paid to such person(s) or until theEscrow Agent relinquishes such funds as required by law orpursuant to Order of the Board in accordance with Va. Code5 45.1-361.21.D.

16.2 Escrow Provisions For Conflicting Claimants: If anypayment of bonus, royalty payment, proceeds in excess ofongoing operational expenses, or other payment due and owingunder this Order cannot be made because the person entitledthereto cannot be made certain due to conflicting claims ofownership and/or a defect or cloud on the title, then suchcash bonus, royalty payment, proceeds in excess of ongoingoperational expenses, or other payment, together withParticipating Operator's Proportionate Costs paid to UnitOperator pursuant to Paragraph 9.1 hereof, if any, (1) shallnot be commingled with any funds of the Unit Operator; and(2) shall, pursuant to Va. Code 55 45.1-361.22.A.2, 45.1-361.22.A.3 and 45.1-361.22.A.4, be deposited by the Operatorinto the Escrow Account within one hundred twenty (120) daysof recording of this Order, and continuing thereafter on amonthly basis with each deposit to be made by a date which isno later than sixty (60) days after the last day of the monthbeing reported and/or for which funds are subject to deposit.Such funds shall be held for the exclusive use of, and solebenefit of, the person entitled thereto until such funds canbe paid to such person(s) or until the Escrow Agentrelinquishes such funds as required by law or pursuant toOrder of the Board.

17. Special Findings: The Board specifically and specially finds:

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17.1. CNX Gas Company LIC, a Virginia limited liability companyis duly authorized and qualified to transact business in theCommonwealth of Virginia;

17.2. CNX Qas Company ILC has the authority to explore, developand maintain the properties and assets, now owned or hereafteracquired, consented to serve as Coalbed Methane Gas UnitOperator for Subject Drilling Unit and to faithfully dischargethe duties imposed upon it as Unit Operator by statute andregulations;

17.3. CNX Qas Company LIC is an operator in the Commonwealth ofVirginia, and has satisfied the Board's requirements foroperations in Virginia;

17.4 CNX Qas Company ILC claims ownership of gas leases, CoalbedMethane Gas leases, and/or coal leases representing85.36181 percent of the oil and gas interest/claims in and toCoalbed Methane Gas and 99.9875 percent of the coalinterest/claims in and to Coalbed Methane Gas in SubjectDrilling Unit; and, Applicant claims the right to explore for,develop and produce Coalbed Methane Gas from SubjectFormations in Subject Drilling Unit in BuchananCounty, Virginia, which Subject Lands are more particularlydescribed in Exhibit A;

17.5. The estimated total production from Subject Drilling Unitis 125 NNCP to 550 NNCP. The estimated amount of reserves fromthe Subject Drilling Unit is 125 NNCP to 550 NNCP;

17.6. Set forth in Exhibit B-3, is the name and last knownaddress of each Owner or Claimant identified by the Applicantas having or claiming an interest in the Coalbed Methane Gasin Subject Formation in Subject Drilling Unit underlying andcomprised of Subject Lands, who has not, in writing, leased tothe Applicant or the Unit Operator or agreed to voluntarilypool his interests in Subject Drilling Unit for itsdevelopment. The interests of the Respondents listed inExhibit B-3 comprise 14.63819 percent of the oil and gasinterests/claims in and to Coalbed Methane Gasand 0.0125 percent of the coal interests/claims in andto Coalbed Methane Gas in Subject Drilling Unit;

17.7 Applicant's evidence established that the fair, reasonableand equitable compensation to be paid to any person in lieuof the right to participate in the wells are those optionsprovided in Paragraph 9 above;

17.8 The relief requested and granted is just and reasonable, issupported by substantial evidence and will afford each personlisted and named in Exhibit B-3 hereto the opportunity torecover or receive, without unnecessary expense, suchperson's just and fair share of the production from SubjectDrilling Unit. The granting of the Application and reliefrequested therein will ensure to the extent possible thegreatest ultimate recovery of Coalbed Methane Gas, prevent orassist in preventing the various types of waste prohibited by

10

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HOOK0620 PAGE03 I 7

statute and protect or assist in protecting the correlativerights of all persons in the subject common sources of supplyin the Subject Lands. Therefore, the Board is entering anOrder granting the relief herein set forth.

18. Mailing Of Order And Filing Of Affidavit: Applicant or itsAttorney shall file an affidavit with the Secretary of the Board withinsixty (60) days after the date of recording of this Order stating thata true and correct copy of said Order was mailed within seven (7) daysfrom the date of its receipt by Unit Operator to each Respondent namedin Exhibit B-3 pooled by this Order and whose address is known.

19. Availability of Unit Records: The Director shall provideall persons not subject to a lease with reasonable access to allrecords for Subject Drilling Unit which are submitted by the UnitOperator to said Director and/or his Inspector(s).

20. Conclusion: Therefore, the requested relief and all termsand provisions set forth above be and hereby are granted and IT IS SO

ORDERED.

21. Appeals: Appeals of this Order are governed by theprovisions of Va. Code Ann. 5 45.1-361.9 which provides that any orderor decision of the Board may be appealed to the appropriate circuitcourt.

22. Effective Date: This Order shall be effective as of thedate of the Board's approval of this Application, which is set forth atParagraph 1 above.

DONE AND EXECUTED this IP day ofmajority of the Virginia Gas and Oil Boar

by a

Chdirman, Be~ R. Wgfnplez

DONE AND PERFORMED this ~ day ofof this Board. Y

by Order

R. WilsonPrincipal Executive To The StaffVirginia Gas and Oil Board

STATE OF VIRGINIA )

COUNTY OF WISE )

11

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II06>o I<<03 ~ 8

Acknowledged on this AS day of ~~, &araratASpersonally before me a notary public in/and for the Commonwealth ofVirginia, appeared Benny Wampler, being duly sworn did depose and saythat he is Chairman of the Virginia Gas and Oil Board, that he executedthe same and was authorized to do so.

Notary Public

My commission expires: / $ /.ef) do

STATE OF VIRGINIA )

COUNTY OF WASHINGTON )

Acknowledged on this /J day of (~ , ~&&personally before me a notary public Pn and for the Commonwealth ofVirginia, appeared B. R. Wilson, being duly sworn did depose and saythat he is Principal Executive to the Staff of the Virginia Gas and OilBoard, that he executed the same and was authorized to do so.

Notary Public

My commission expires&~/™ I" "

corded Under Code of"I: "a ect>on 45.l 3SJ

12

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IIIIIIII +au t'lit u,de ~PRQPERTY LINEs sHowN wERE TAKEN FRQM MwmIIVu4ueuBY CNX LAND RESOURCES,lnd.AND WERE NOT SURVEYED.

/I/'

010 67

EXHIBIT~A

OAKWOOD FIELDUNIT W-54

FORCE POOLINGVGOB —97-0518—0571-02

CODX>any CNX Gas CODTTanv LLC Well Name and Number UNI™W»L44CIN$ 84L4$I'PBI ',-:.;,.Tract No. Elevation Quadrangle

County uBuchanan District Garden Sca l e: 'l = Date lf/filarThis plat is a new plat X an updated pla t or a f al plat No.

Form DGD-GD-7Rev. 9/91 Licensed Professional Engineer dr Licensed Land Surveyor IIX~ON/AT ~

..IForo!PoollndlW34POOLdon I II082334 11.43:23AM

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fiffl0620 PAf)50320

CNX Gas Company LLCUnit W-34

Tract Identifications

Yukon Pocahontas Coal Co. et al Big Vein Tr. 94 (24.53 Acre Tract) - FeeIsland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Corporation —Coal In Tiller and Above LeasedCNX Gas Company LLC - CBM Leased12.78acres 15.9750%

Yukon Pocahontas Coal Co. et al Big Vein Tr. 6 (251.41Acre Tract) —All MineralsIsland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Corporation —Coal In Tiller snd Above LeasedCNX Gas Company LLC - CBM Leased3.82 acres 4.7750%

2A. Carlos Stiiwell, et al —Surface2B. Curtis Davis - Surface

3. Hurt McGurie Land Trust (J.W. Dixion 162 Acre Tract) —FeeIsland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Company —Goal In Tiller Seam and Above LeasedCNX Gas Company LLC —CBM Leased12.06acres 15.0750%

Hurt McGuire Land Trust (Lewis Osborne 628.41 Acre Tract) —CoalIsland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Company- Coal In Tiller Seam and Above LeasedCNX Gss Company LLC —CBM LeasedDewey Rows —Surface and All Minerah except CoalCNX Gas Company LLC —Oil, Gas and CBM Leased11.22acres 14.0250%

4B. Hurt McGuire Land Trust (Lewis Osborne 628.41 Acre Tract) —Coalisland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Company- Coal In Tiller Seam and Above LeasedCNX Gss Company LLC —CBM LeasedDewey Rows —Surface and All Minerals except CoalCNX Gas Company LLC —Oil, Gas and CBM Leased7.97 acres 9.9625%

4C. Hurt McGuire Land Trust (Lewis Osborne 628.41 Acre Tract) —CoalIsland-Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Company- Coal In Tiller Seam and Above LeasedCNX Gas Company LLC —CBM LeasedCarl Davis, et ux —Surface and All Minerals except Coal5.47 acres 6.8375%

Page 1 of 2November 5, 2004

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HOOK0620 PAGE 032 I

CNX Gaa Company LLCUnit W-34

Tract identifications

4D. Hurt NlcGuire Land Trust (Lewis Osborne 628.41 Acre Tract) —CoalIsland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Company —Coal In Tiller Seam and Above LeasedCNX Gas Company LLC —CBM LeasedDewey Rows —Surface and All Minerals except CoalCNX Gas Company LLC —Oil, Gas and CBM Leased9.47 acres 11.8375%

4E. Hurt McGuire Land Trust (Lewis Osborne 628.41 Acre Tract) —Coalisland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Company —Coal In Tiller Seam and Above LeasedCNX Gas Company LLC —CBM LeasedDewey Rows —Surface and All Minerals except CoalCNX Gas Company LLC - Oil, Gas and CBM Leased1.87acres 2.3375%

4F. Hurt McGuire Land Trust —CoalIsland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJeweg Smokeless Coal Company —Coal In Tiller Seam and Above LeasedCNX Gas Company LLC —CBM LeasedO.H. Keen Heirs - Ag Minerals except CoalCNX Gas Company LLC —Oil, Gas and CBM Leased (45.9033%)11.91acres 14.8875o/o

4G. Hurt McGuire Land Trust- CoalIsland Creek Coal Company/Consol Energy, inc. —Coal Below Tiller Seam LeasedJeweg Smokeless Coal Company —Coal In Tiller Seam and Above LeasedCNX Gas Company LLC —CBM LeasedJohnnie B.Keen, et ux —Surface and Ag Minerals except CoalCNX Gas Company LLC —Oil, Gas and CBM Leased1.26acres 1 5750%

Yukon Pocahontas Coal Co. et al Big Vein Tr. 95 (37.09Acre Tract) - FeeIsland Creek Coal Company/Consol Energy, Inc. —Coal Below Tiller Seam LeasedJewell Smokeless Coal Corporation —Coal In Tiller and Above LeasedCNX Gas Company LLC - CBM Leased2.16 acres 2.7000'/o

Commonwealth of Virginia —Fee except Coal In P-3 SeamConsolidation Coal Company- P-3 SeamCNX Gas Company LLC —CBM in P-3 Seam Leased0.01 acres 0.0125'/o

Page 2 of 2November 5, 2004

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MM06 PQJ40322Unit W44

Docket 8 VGOB4I74I3164$714I2Lkrt of Unleased Ovrners/Claimants

Acres in Unit

Percent of 4 RightUnit 0.87104%

Division of interest in11 East 12 East

0.1895% 7.5514%13 East

4.2421%

I. COAL FEE OWNERSIgn

7~98 anf mu

(1) Ccm~ of Virginia

Dna/nant d Tra sporbdke870 Bonham RoadBdstol, VA 24201

8. OIL 8 GAS FEE OWISERSI8P

0.01 acres 0.01250% 0.00006% 0.00002% 0.00094% 0.00053%

(1) Carl Davis

P.O. Bm 343Donsn, VA 24812

5.47 acres 6.53750% 0.04588% 0.01159% 0.51833% 0.29005%

yrnctgdn. 11.9fnorse

O.H. Keen Heirs, Devisees,S ccessors or Assigns

11.91 acres 14.68750% 0.09990% 0.02523% 1.12421% 0.63154%

l2) Mary Egxabeth Hom Heirs, Devkress,

8 ccessors or Asskgxr

(a) Arhnna Osborne Heim, Devjsess,Successcm or Assigns

(a.1) Martha Guilbams1911 McVielySakun, VA 24153

(%2) Sidney Srnkh1977 McVienySalem, VA 24153

(a.3) Kennelh Osborne645 Peyton BtreetRoanoke, VA 24019

0.07 acresI/162 of 11.91acres

0.07 acres1/182 of 11.91acres

0.07 acres1/162 of11.91acres

0.09190% 0.00082% 0.00018% 0.00894% 0.00390%

0.09190% 0.00052% 0.00018% 0.00694% 0.00390%

x

0.09190% 0.00062% 0.00016% 0.00594% 0.00390%

(b) Lydia Bell Osborne Deal Blankenship Heirs, Devisees,S ccassors or Assigns

(b.1) Mary KeenRt.1 Sox 154Raven, VA 24639

(b.2) Shirley KeenRt.1 Box 159MRaven, VA 24839

0.02 acres1/594 of 11.91ames

0.02 acres1/594 of 11.91acres

0.02508% 0.00017% 0.00004% 0.00189% 0.00106%

002508% 0.00017% 0.00004% 0.00169% 0.00106%

(b.6) CWenl Heirs, Devkuun,Successors cr As/egos

(b 6.1) Phynis W. OsborneRt.1 Bm 157ERaven, VA 24839

0.02 acres1/594 of 11.91acres

0.02505% 0.00017% 0.00004% 0.00189% 0.00108%

(b.9) Richard OsbonwP.O. Box 565Keen Mountain, VA 24824

(c) Henry Hom Heirs, Dsvhses,Successors cr Asslglls

0.02 scms1/594 of 11.91acres

0.02506% 0.00017% 0.00004% 0.00189% 0.00106%

Page 1 sf 3

REVISIO~

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"~620 I|IP0323Docket 8 VGOB474318467142

List of Untanned Owners/C4imsnls

(c,1) Patricia Ho/ton

1 Bkch SkeetRaven, VA 24639

(c.2) NeBs MsynsrdBox 296Raven, VA 24838

acne ln Unn

0.04 ames1/324 of 11.91sees

0.04 acres1/324 at 11.91ames

Peraant ofUnit

4 Right0.87194%

Division of Inlmest in11 East 12 East

0.1685% 7.5514%135 M

4.2421%

0.04595% 0.00031% 0.00008% O.ON47% 0.00195%

0.04N5% 0.00031% 0.00008% 0.00347% 0.00195%

(c.3) Tommy Boyd1005 Ksrns Ridge RoadRichlands, VA 24l41

(cA) Margie Dys784 tgg Creek RoadRkhlands, VA 24l41

(c.5) Denny HcmAddxsss Unknown

(c.S) Bobby HomAddmss Unknown

(d) Thelma OsborneP.O. Box 33Raven, VA 24639

0.04 acres1/324 of 11.91sacs

0.04 acres1/324 of 11.$1 auras

0.04 acres1/324 of 11.91acres

0.04 scree1/324 of 11.91auras

0.22 scree1/54 of 11.91acres

0.04595% O.OON1% 0.00008% 0.00347% 0.00195%

0.04585% 0.00031% 0.00008% 0.00347% 0.00195%

0.04%6% 0.00031% 0.0000S% 0.00347% 0.00195%

0.04595% O.OON1% 0.00347% 0.00195%

0.27589% 0.00185% 0.00047% 0.02082% 0.01170%

(e) Joseph P. HomHCSS Box 323Jeweg Ridge, YA 24522

022 acres1/54 of 11.91acres

0.27569% 0.00185% 0.00047% 0.02082% 0.01170%

(I) Nancy SNweg147 Rasnake RoadN. TsxeweS, VA 24l30

(g) Marge E. SmithP.O. Bm 395Max Meadows, VA 24360

(h) Sarah Jane DayP.O. Bcx208~,WV 249N

8) Carl Hom

Rt.1 Bm 1445Pouncgng Nll, VA 24!37

(4} Geegie Beg Short Clkton Heirs. Devhses,S ccessors or Assigns

022 acres1/54 of 11.91swee

022 sees1/54 at 11.91acres

0.22 acres1/54 of 11.91acres

0.22 acres1/54 of 11.91sores

0.27589% 0.0018S% 0.00047% 0.02062% 0.01170%

027589% 0.00185% 0.00047% 0.02082% 0.01170%

0.27569% 0.00185% 0.00047% 0.02082% 0.01170%

0.27569% 0.00185% 0.00047% 0.02N2% 0.01170%

(a) Shelby Jean Vandyke47N Red Root Ridge RoadReam, VA 24!39

0.99 sees 1.240N% 0.00833% 0.00210% 0.0$38S% 0.05283%1/12 at 11.S1acres

(b) Frances Stags GrassP.O. Box 2SSRichlsnds, VA 24641

(5) Hery Near Keen Heirs, Oevisees,Successors or Assigns

0.99 acres 124M3% 0.00833% 0.00210% 0.09368% 0.05263%1/12 of 11.91acres

(s) Lany Roger KeenP.O. Bm 635Keen Mountain, VA 24639

(c) Phllgp KeenP.O. Box 215WydevBe, VA 24383

022 acres 0.27569%1/54 cf 11.91acres

0.22 acres 0.27589%1/54 of 11.91acres

Page 2 of 3

0.00185% 0.00047% 0.02062% 0.01170%

0.00185% 0.00047% 0.02052% 0.01170%

12/1 42004

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."@I0620PMt0324Docket ¹VI606474$184$714/2

List of Unleased Owners/Claimants

Acres in UnitPeroent of

Unit

4 RighlO.S7104%

Division of Interest In11 East 12 East

0.1885% 74%14%13 East

4.2421%

(d) Eddie KeenRt.1 Bax 86Raven, VA 248$

0.22 acres1/54 cf 11.91acres

0.2758S% 0.00185% 0.00047% 0.02082% 0.01170%

(I} Richanl KeenP.O. Box 431Oakwaod, VA 24624

0.22 acresI/54 af 11.91acres

0.275!$% 0.00185% 0.00047% 0.02082% 0.01170%

(9) Insz Argdrw

332 Mary ShoatBristcl, VA 24201

(h) Janice CookRt.1 Bm 848Swords Cnwk, VA 24849

(8) James Henry Keen Heim, Devisees,Successors or Assigns

0.22 acres1/54 af 11.91cares

0.22 scree«54 cf 11.91acres

0.275!$% 0.00185% 0.00047% 0.02082% 0.01170%

0.27589% 0.00185% 0.00047% 0.02082% 0.01170%

(g) Henw Brawn Heim, Devlsses,Sacasssam cr AsslgrlsHeirs Unknown

0.26 acres 0.35448% 0.00238% 0.00080% 0.02677% 0.01504%1/42 af 11.61acres

(1) CommonweaSh of Virginia~af 7 spwtaaon870 Bonharn RandBristol, VA 24201

0.01 swee 0.01250% 0.00008% 0.00002% 0.01$4% 0.00053%

Page 3 af 3 12/1 4/2004

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90%0620 PAIIE0325Dosket 8 VGOSS74IBI 84I87(4I2

Ust of ConSlcSn8 ~lmants Ihat mqulre escrow

Percent of 4 RIEhtUnit 0.97104%

Dhhlon of Interest In

11 EsN 12 East 13EastIL1888% 78814% 4S421%

ylaeteaA f1~acres

(1) Hurt McGuire Land Trust

c/o Chsdee GnmnP.O. Box 1067Blueteld, VA 24805

OIL & OAS FSE OWNERSHIP

14.02500% 0.09411% 0.02377% 1.05908% 0.59495%

(1} Dewey Rows

2144 West Matin StreetKheimmee, FL 34741

11.22 ac/ee 14 02500% 0 09411% 0 02377% 1.05908% 0.59495%

Traotsas Tsy acres

('I) Hurt McGul/e La/id Trust

Oo Charles G/eenP O. Box 1087Bluetick!, VA 24805

INL 8 GAS FEE aWNSRIESP

7.97 sacs 9.9625D% 0.06685% 0.01689% 0.75231% 0.422i!2%

(1) Dewey Rows

2144 Wast MarSn StreetKiselnmee, FL 34741

7.97 acres 9.98250% 0.08685% 0.01689% 0.75231% 0.42262%

(1) Hurl McGuire Land Trust

No Chmles GreenP.O. Bnr1087Bluelekl, VA 24605

5 47 acres 6.83750% 0 045M% 0.01159% 0.51633% 0.29005%

(1) Cnl Davis

P.O. Bnr 343Dorsn, VA 24612

8.83750% 0.04588% 0.01159% 0.51633% 0.29005%

(1) Hurt McGuxe land Trustc/o Chsrtrm GreenP.O. Box 1087BlueBeld, VA 24605

9.47 scam 11 83750% 0.07943% 0.02006% 0.89390% 0 50216%

(1) Dewey Rows

2144 West Marbn SheetKissknmee, FL 34741

9.47 acres 11 83750% 0.07943% 0.02008% 0.89390% 0.50216%

COAL FEE OWNERSNIP

(I) Hurt McGuire Land Trust

No Charkn GreenP.O. Box 1067Blue8eld, VA 24605

OIL 8 OAS FEE OWNERSHIP

1 87 acres 2.33750% 0.01589% O.OD398% 0 17651% 0.09916%

(1) Dewey Rows2144 West Martin StreetKiseimmee, FL 34741

1.87 scnn 2.33750% 0.01589% 0.00396% 0.17651% 0 09916%

Fags 1 or 3 Rev. 12/1 3/04)

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99990 6 2 0 PA9E 0 3 2 6Docket ¹VGOB¹74fat 84IBTI4O

List of Congagng Ownes/Clalmatns Smt require esarowOlvlskal af Isla/sst Irr

Percent af 4 Right 11 Bast 12 Bast 13Bast

Aces in Unit Unit 0¹7104% IL(595% 7.$514% 4G42(%

(1) Hurt MaGWM Lend Trust

c/o Chelae GnwnP.O. Eka 1067Bluelield, VA 24605

OIL 8 BAS PBB SMBRBHIP

Q.H. Keen Heirs, De/ieees,Succeesae or Assigns

(2) Mary Elizabeth Hom Helm, Devisees,

Suceneoe ar Assigns

(a) Armma Osborne Heirs, Dsvlsess,Suocssass af Assglls

(a.1) Msdhs Gui8iams'l911 MoVisly

Sskal, VA 24153

(S.2) Sidney Smithisn MdymtySale/fl, VA 24153

(a.3) Kenneth Onteme848 Peyton StreetRoanoke, VA 24019

11.91 acres

11.91 sofas

007 sees1/182 of 11.91acres

0.07 acres1/162 sf 11.91acne

0.07 sess1/162 of11.91scree

14.88750% 0.09990% 0 02523% 1 12421% 0 63154%

14.88750%, 0.09990% 0.02523% 1 12421% 0.63154%

0.09190% 0.00062% 0.00016% D.00694% 0.00390%

0.09190% 0.00062% 0.00016% 0.00594% 0.00390%

0.09190% 0.00062% 0.00016% 0.00694% 0.00390%

(b) Lyda Bell Qsteme Deal Bankenshlp Hei/s, Devkwm,

Succsssae fk Aeslgm

(b.1) May KeenRL1 Bax 154Risen, VA 24839

0.02 sores1/594 of 11.91seas

0.02506% 0.00017% 0.00004% D.D0189% 0.001D6%

(b.2) Shirley KaonRL1 Eka 159MRaven, VA 24639

0.02 sess1/594 of 11.91acres

0.02506% 0.00017% 0.000M% 0 00189% 0.00106%

(c) Henry Hom Hairs, Deviseas,Sucsssofs e Asslgfls

(c.1) Paces Hortan1 Birch StreetRaven, VA 24639

D.04 acres1/324 of 11.91sees

0.00031% 0.00008% 0.00347% 0.00195%

(c.2) Halte MsynardBe(296R/wen, VA 24639

(c.3) Tommy Boyd1005 Kents Ridge RoadRiahlands, VA 24641

(c.4) Margie Dye784 Big Creek RoadRbhlsnds, VA 24641

(c.5) Denny Hom

Afkf/ess Unknown

(c.a) Babby HamAe/mss Unknawn

(d) Thelms OsborneP.Q. Ber 33Raven, VA 24639

(e) A/sech P. HamHCM Bcx 323Jewek Ridge, VA 24622

0.04 acres1/324 ol 11.91acres

0.04 sees1/324 of 11.91acne

0.04 aem1/324 of 11.91seas

0 04 acres1/324 af 11.91acres

0.04 acres1/324 of11.91acres

0.22 ec/es1/54 of 11.91soles

0.22 sees1/54 of11.91sores

0.04595% 0.00031% 0.00008% 0.00347% 0.00195%

0.04595% 0 00031% 0.00008% 0.00347% D 00195%

0.04595% 0.00031% 0.00008% 0.00347% 0 00195%

D 04595% 0 00031% 0.00008% D.00347% 0.00195%

0 275895 0.00185% 0.00047% 0.02082% 0 01170%

0.27589% 0.00185% 0.00047% 0.02082% 0 01170%

0.04595% 0.00031% 0.00008% 0.00347ti D.DD195%

Page 2 af 3 Rev. 12/1 3/04)

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~i~a HQDK0620 PAGE0327Docket ¹VQOB47/Jnt¹88714kt

IJst ol Connattng OwnersClaknanls thin require escrow

(5 Nancy BslwaS147 Roanoke RoadN. Tenon¹, VA 24830

(9) Martha E. BmkhP.O. Bwx 395Msx Meadows, VA 24360

(h) Swah Jane DsyP.O. Box 208Patwstown, WV 24963

BodeRt1 Bra 1445Pounding Mill, VA 24637

(8) James Hen/y Keen Heirs, rnxrieees,

6 ccanada Ia Ass)gin

Ames'in Unit

0.22 ac/es1/54 of 11.91auras

0.22 acres1/54 cf11.91sass

0.22 acres1/54 o(11.91scree

0.22 sores1/54 of 11.91ones

Percent ol ~ Rightunit 0¹7104%

Division of Interest In

11 asst 12 Bsw0.1686% T.6614%

13 Bsm42424%

0.27569% 0.00185% 0.00047% 0.02082'll 0.01170%

0.27569% 0.00185% 0.00047% 0.02082% 0 01170%

0 27569% 0.00185% 0.00047% 0.02082% 0.01170%

0.27569% 0.00185% 0.00047% 0 02082% D.D1170%

(g) Heeler Brown Heirs, Dsvixeex,Buccassors or AssignsHei/x I/nknown

0.28 acres 0.35446% 0.00238% D.00060% 0.02877% 0.01504%1/42 or 11.91acres

Tract a4¹. 1.28scree

(1) Hurt McGulrs Land Trust

No Charles GreenP.O. Ekw 1067Suefield, VA 24605

1.26 etxes 1.57500% 0 01057% 0.00267% 0.11893% 0 06681%

(1) Johnnie B. Keen, et w.P.O. Box15Poundmg Ma, VA 24837

1.26 acres 1.57500% 0.01057% 0.00267% 0.11893% 0.06681%

VIRGINIA: In the Clerk's Office of the Circuit Court of Buchanan County. The foregoing instrumentwas this day presented in the office aforesaid and is, together with the certificate of acknowledgment annexed,

admitted to record this 2 alvtd day of Quuws, 20 OS ):3S II M.Deed Book No. (BQO and Page No. 304 ." ESTE: 4 /) .JameS M. Bevins, Jr., ClerkReturned to: 'DyvtyytF, TES . Ottgtf)r. 8 J.LE~Deputy Clerk