BEFORE THE AND OIL - dmme.virginia.gov · BEFORE THE VIRGINIA GAS AND OIL BOARD Application ofPocahoatas Gas Partnership for Forced Pooling of Interests in CBM Uait BUN-1 VGOB-91-0716-

VIRGINIA:

BEFORE THE VIRGINIA GAS AND OIL BOARD

(AMENDED) SUPPLEMENTAL ORDER REGARDING DOCKET NUMBER VGOB-91-0716-0135

ELECTIONS: UNIT BUN-1(herein "Subject Drilling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

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

hekl on February 15, 1994 and June 16, 1992; and this Supplemental Order is being recorded for the purpose ofsupplementing the Order previously in the captioned matter on April 4, 1996which was recorded at Deed Book447, Page 803 in the Office of the Clerk of the Circuit Court of Buchanan County, Virginia, on April 17, 1996,(herein "Board Order" ) and completing the record regarding elections.

Findings: The Board finds that:

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

copies of the Board Order to all Respondents whose interests, if any, were pooled by the said Board Order;The Designated Operator filed its afiidavit of elections disclosing that it had mailed a true and correct copy of

the Board's Order to all Respondents whose interests, if any, were po'. ,".M bv ~~'d Board Order;The Board Order required each Respondent whose interests, if any, were pooled by the terms of said Board

Order to make an election within thirty (30) days afier the date of mailing or recording, as applicable, of saidOrder; the aSidavit of elections filed herein and annexed hereto as Exhibit A states: (i) whether each Respondenthas made or failed to make a timely election; (ii) the nature of any election(s) made; and (iii) whether, by reasonof a failure to elect or to timely elect one or more Respondents are deemed, under the terms of the Board's Order,to have leased all their rights, title, interests, estates and claims in Subject Drilling Unit to the Applicant;

That the afiidavit of elections annexed hereto with the Exhibits submitted therewith identifies the Respondent(s)making a timely election, if any; idetitifies the Respondent(s), if any, who are deemed to have leased; identifies theconflicting interests and claims which require escrow; identifies the interests and claims, if any, requiring escrowunder Virginia Code section 45.1-361.21.D.; and identifies the Respondents, if any, who may be dismissed byreason of having leased or entered into a voluntary agreement with the Applicant.

The a%davit of elections indicates that the escrow of funds is required with regard to Unit BUN-1;

Order: By this Order, the Board orders the Designated Operator to tender, consistent with and in accordancewith the findings set forth at paragraph 2. above and the annexed alfidavit of elections with Exhibits thereto, anyfunds subject to escrow and instructs the Escrow Agent, First Virginia Bank-Mountain Empire, c/o TrustDepartment, P.O. Box 1038, Abingdon, VA 24210, or any successor named by the Board to establish interestbemmg escrow account(s), IRS Tax Identification Number 54-1629506, in accordance with the information setforth in the af5davit of elections with Exhibits thereto, to receive funds and account to the Board therefor.

««49i ~~' 6S6

Mailing of Order and Filing of Affidavit: The Designated Operator under the captioned Order or shall file an

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

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

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

and IT IS SO ORDERED.

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

DONEANDEXEOUTEDtbis tt ~ dayof &e m, f999, by a majority of the Virginia Oasand Oil Board.

STATE OF VIRGINIACOUNTY OF WISE

Chairman, B~.W

Achaowtedged oa ~day ofPcgdf, 1999,persoaagy before me a notmy public ia and for theCommonwealth of Virginia, appeared Benny g Wampler, being duly sworn did depose and say that he isChairman of the Virginia Gas and Oil Board, that he executed the same and was authorized to do so.

My commission expires; '7"0i

Susan G. GarrettNotary

DONE AND PERFORMED THIS lP day of/if)~~, f999, by Order of Ihe Eoard.

Byro/Thomas FulmerPrincipal Executive to the StaffVirginia Gas and Oil Board

STATE OF VIRGINIACOUNTY OF WASHINGTON

/ I

Acknowledged on ~' day of/ / jYj'+1999,personally before me a notary public in and forthe Commonwealth of Virginia, appeared Bryon lhomas Fulmer, being duly sworn did depose and say that heis Principal Executive to the Staff, Virginia Gas and Oil Board, that he executed the same and was authorizedto do so.

My commission expires: 00DLa aiOj 'M~bypM 2.~i

Diane J.Davis, Nefky

VIRGINIA:Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application of Pocahoatas Gas Partnership for Forced Pooling of Interests in CBM Uait BUN-1 VGOB-91-0716-0135 in the Hurricane District of Buchanan County, Virginia

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

Leslie K. Arrington, being first duly sworn oa oath, deposes and says:

That your af5ant is employed by CONSOL Inc., as a Permit Specialist and is duly authorized to make this

affidavit on behalf of POCAHONTAS GAS PARTNERSHIP, the designated operator,

That the Order entered on April 4, 1996,by the Virginia Gas and Oil Board (hereinalter "Board") regardingthe captioned CBM Unit required the Applicant to mail a true aad correot oopy of said Order to each personpooled by the Order;

That withm seven (7) days of receipt of an executed copy of the Order referred to at paragraph 2. above, youraffiant oaused a true and correct copy of said Order to be mailed via the United States Postal Service to eachRespondent named in the captioned Application, whose address was known, and to all persons, if any, who wereadded as Respotmlents at the hearing held in the oaptioned matter; that proof of such mailing has previously beentendered to the Division of Gas and Oil, the OI6ce of the Gas and Oil Inspector, at Abingdon, Virginia;

That the Order of the Board in the captioned matter required all persons pooled thereby to tender their written

elections to the Unit Operator within thirty (30) days of the date the Order was recorded in the oounty identifiedabove; that said Order was recorded oa April 17, 1996;

That the designated operator POCAHONTAS GAS PARTNERSHIP. has established procedures to reviewaII mail received aad all written documents received other than by mail to ascertain whether parties whose interestshave been pooled have made a mitten eleotioa, in a timely fashion, as required by the captioned Order; that saidprocedures were followed to identify the eleotioas, if any, made with regard to the Subject Unit; that the followingpersons delivered, by mail or otlierwise, written eleotions the Unit Operator, within the thirty day elections period:

None.

That Respondents identified in Exhibit B-3 hereto are, having failed to make any election, deemed to haveleased their coalbed methane rights, nderesh and claims to Applicant, all as provided in the Board's Order of June26, 1998;

See Attached Exhibit B-3

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

See attached Exhibit E.

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

a voluntary agreement with the Designated Operator:

None.

that to the extent any of said persons listed in Exhibit B-2 have rights, interests and claims which are not subjectto escrow, they should be dismissed as respondents; the Operator requests that the following persons be dismissedas Respondents:

That pursuant to the provisions of VAC 25-160-70.A. 10. and C. and VAC 25-160-80 the annexed

supplemental order sets forth the interests and claims that require escrow of funds pursuant to Virginia Codesections 45.1-361.21.D. and 45.1-361.22.A.3. and 4.

Dated at Tazewell, Virginia, this ~~day of AQUI L, 1999.

Taken, subscribed and sworn to before me by Leslie K. Arrington as Permit Specialist of CONSOL inc. , onbehalf of the corporate Designated Operator, this ~++day of~~~//, 1999.

/

My commission expires: l H~ gG 0 l

20

VIRGINIA GAS AND OIL BOARD

DOCKET NO. VGOB 91-0716-0135

SCALE 1" 1500'

P. O

VIRGINIA GAS AND OIL BOARD

DOCKET NO. VGOB 91-0716-0135

POCAHONTAS GAS PARTNERSHIPUnit BUN, 1

Tract IdentiTications

1A. Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil & Gas1.00 acres 0.12853%

Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil & Gas0.20 acres 0.02571%

3A1. Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedConsolidation Coal Company - Oil & Gas37.00 acres 4.75578%

Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedConsolidation Coal Company - Oil & Gas55.50 acres 7.13368%

3A3. Hugh MacRae Land Trust- TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, lnc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedConsolidation Coal Company - Oil & Gas24.00 acres 3.08483%

Hugh MacRae Land Trust - TR. 11 - CoalConsc4dation Coal Company - Below Tiller coal LeasedPermae, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedConsoidation Coal Company - Oil & Gas30.59 acres 3.93188%

4A; Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedConsolidation Coal Company - Oil & Gas63.00 acres 8.09769%

Page 1

~z~481 ~r»~ 692POCAHONTAS GAS PARTNERSHIP

Unit BUN 1Tract Identifications

5A. Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal I easedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil 8 Gas99.00 acres 12.72494%

6A. Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPermac lnc. - Oil 8 Gas59.24 acres 7.614400I6

6A1. Hugh MacRae I and Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - Oil 8 Gas LeasedPocahontas Gas Partnership - CBM LeasedW. S. Ellis Heirs - Oil 8 Gas14.30 acres 1.83805%

7A. Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil & Gas0.50 acres 0.06427%

SA. Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal I easedPocahontas Gas Partnership - CBM LeasedConsolidation Coal Company - Oil 8 Gas195.80 acres 25.16710%

9A. Hugh MacRae Land Trust - TR. 11 - CoalConsolidafion Coal Company - Below Tiller coal LeasedPermac, lnc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil 8 Gas40,00 acres 5.14139%

Page 2

PQCAHONTAS GAS PARTNERSHIPUnit BUN 1

Tract Identifications

Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, lnc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil 8 Gas31.00 acres 3.98458%

Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company- Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil 8 Gas17.00 acres 2.18509%

Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil 8 Gas33.00 acres 4.24165%

Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedConsolidation Coal Company - Oil & Gas39.00 acres 5.01285%

Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedConsolidation Coal Company - Oil 8 Gas27.00 acres 3.47044%

Hugh MacRae Land Trust - TR. 11 - CoalConsolidation Coal Company - Below Tiller coal LeasedPermac, Inc. - Tiller and above coal LeasedPocahontas Gas Partnership - CBM LeasedPocahontas Gas Partnership - Oil & Gas0.10 acres 0.01285%

Norfolk Southern Railway - Coal, Oil & Gas (except P-3 seam)Consolidation Coal Company - P-3 seam Coal7.51 acres . 0.96530%

Consolidation Coal Company - Coal, Oil 8 Gas3.26 acres 0.41902%

Page 3

&&«49i n«r 694UNIT BUN-1

Docket tt VGOB-91O?18%135Exhibit B4

List of Unleased Owners/Claimants

I. COAL FEE OWNERSHIP

Tract %48 - 7.$f Acre

Net Acresin Unit

InterestIn Unit

(1) Norfolk Southern Railroad (Except PN Seam)8 North Jefferson StreetRoanoke, YA 24042

IL OIL 4 GAS FEE OWNERSHIP

Tract ftdA - dk24 1era

7.51 acres

(1) Permac inc.P. O. Box 1349Bkxrlield, VA 24605

Tract tttdB - 7.df 4cra

(1) Norfolk Southern Railroad8 North Jefferson StreetRoanoke, VA 24042

59.24 acres

7.51 acres

7.61440%

Page 1

B00K 401 PAGE 095UNIT BUN-1

Docket 0 VGOB%14)7164136Exhibit E

Ust ot Contictlng Owners/Claimants that require escrow

Net Acresin Unit

InterestIn Unit

Tract $1A - 1.00 Acre

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 11P. O. Box 29Tazewei, VA 24651

OIL L GAS FEE OWNERSHIP

(1) Pocahontas Gas PartnershipP. O. Box 947Suefieid, VA 24605

Tract 02A- 0.20 Acre

1.00 acres

1.00 acres

0.12853%

0 12853%

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 11P. O. Box 29Tazewell, VA 24651

OIL 0 GAS FEE OWNERSHIP

(1) Pocahontas Gas PartnershipP. O. Box 947Btuefield, VA 24605

Tract $3A1 - 37.00 Acre

0.20 acres

0.20 acres

0.02571%

0 02571%

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 11P. O. Box29Tazewell, VA 24651


(1) Consolidabon Coal CompanyP. O. Box 947Bluefield, VA 24605

Tract 03A2- SK50 Acre

37.00 acres

37.00 acres

4.75578%

4 75578%

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 11P. O. Box 29Tazawel, VA 24651


(1) Consolidabon Coal CompanyP. Q. Box 947Bluefield, VA 24605

55.50 acres

55.50 acres

7.13368%

7.13368%

Page 1

Tract ¹SAS- 24.00Acre

ill&K49i. nC~ 696

Net AcresIn Unit

UNIT BUN-1Docket ¹VGOB-9147164)135

Exhibit EList of Conflicting OwnersIClalmants that require escrow

Interestin Unit

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 11P. O. Box 29Tazewel, VA 24651


(1) Consolidation Coal CompanyP. O. Box 947Bluefield, VA 24605

Tract NA4 - 30.59 Acre

24.00 acres

24.00 acres

3 08483%

3.08483%

COAL FEE OWNERSHIP



30.59 acres 3.93188%

(1) Consolidation Coal CompanyP. O. Box 947Btuefield, VA 24605

Tract ¹4A - S3.00 Acre

COAL FEE OWNERSHIP

30.59 acres 3.93188%




(2) Clinton Don Wood (1/S Royalty Only)Drawer L414 Ann StreetFrankfort, KY 40602

63.00 acres

63.00 acres

8.09769%

8.09769%

COAL FEE OWNERSHIP



(1) Pocahontas Gas PartnershipP. O. Box 947Bluefield, VA 24605

99.00 acres

99.00 acres

12.72494%

12.72494%

Page 2

Tract fNA - 59.24 Acre

Docket 0 VGOB-91a7164135Exhibit E

Ust of Confllc5ng Owners/Claimants that require escrow

Net Acresln Unit

Interestin Unit

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 11P. O. Box 29Tazewell, YA 24651

OIL I GAS FEE OWNERSHIP

(1) Permac inc.P. O. Box 1349Bluefield, VA 24605

Tract 06A1- 14.30 Acre

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 11P. O. Box 29TazeweI, VA 24651


(1) .W.S. Ellis HeirsJames W. Hulfman, Agent296 TimberleafBeavercreek, OH 45430

Tract $7A - 0.50 Acre

COAL FEE OWNERSHIP



(1) Pocahontas Gas PartnershipP. O. Box 947Btuefleld, VA 24605

Tract NSA - 195.00 Acre

COAL FEE OWNERSHIP

59.24 acres

59.24 acres

14.30 acres

14.30 acres

0.50 acres

0.50 acres

7 61440ok

7.61440ok

1.83805%

1.83805ok

0.06427%

0.06427%




195.80 acres

195.80 acres

25.16710%

25.16710%

Page 3

&@&49k vr~ ('BSUNIT BUN-1

Docket ¹VGOB4I147184135Exhibit E

List of Conflicting Owners/Claimants that require escrow

Net AcresIn Unit

InterestIn Unit

Tract fNA - 40.(N Acre

COAL FEE OWNERSHIP


OIL I GAS FEE OWNERSHIP


Tract ¹10A- 31.N Acre

40.00 acres

40.00 acres

5.14139%

5.14139%

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 13P. O. Box 29TazsweN, VA 24651


31.00 acres 3 98458o

(1) Pocahontas Gas PartnershipP. O. Box 947Blue8eld, VA 24605

Tract ¹11A - 17.00 Acre

31.00 acres 3.98458%

COAL FEE OWNERSHIP



17.00 acres 2.1850S%


Tract ¹12A-33.M Acre

COAL FEE OWNERSHIP

(1} Hugh Macrae Land Trust Tr 13P. O. Box 29Tazswem, VA 24651



17.00 acres

33.00 acres

33.00 acres

2.18509%

4.24165%

4.24165%

Page 4

UNIT BUN-1Oocket ¹VGOB-914716%135

Exhibit EUst of Conflicting OwnerslClalmants that reqWre escrow

Net Acresln Unit

InterestIn Unit

Tract ¹13A- 39.00 Acre

COAL FEE OWNERSHIP

(1) Hugh Macrae Land Trust Tr 13P. O. Box 29Tazewei, YA 24651

OIL S GAS FEE OWNERSHIP

(1) Consofidation Coal CompanyP. O. Box 947Bluefield, VA 24605

Tract ¹14A - 27.00 Acre

39.00 acres

39.00 acres

5.01285%

5.01285%

COAL FEE OWNERSHIP




Tract ¹15A- 0.10Acre

27.00 acres

27.00 acres

3.47044%

3.47044%

COAL FEE OWNERSHIP




0.10 acres

0.10 acres

0.01285%

0.01285%

VIRGINIA: In the Cwas this day presented in thadmitted to recogrQiyDeed Book No. .V ? ~an aReturned this date to;

s OKce of the Cir uit Court of Buchanan County. The foregoing instrument

c~oresaid ther with the cergPc~ of acknowled~nt ~yegd,a

o. . T ST cvins, Jr. , ClerkTEST deputy Clerk

Page 5

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COMMONWEALTH OF VIRGINIA ~)

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1"KSCRIPTIGN i. 9ECLA~V'IGN GF PGGL~NG

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CLERK QF CGURT."JAHES H. GEVINS IR.

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Documents

BEFORE THE AND OIL - dmme.virginia.gov · BEFORE THE VIRGINIA GAS AND OIL BOARD Application ofPocahoatas Gas Partnership for Forced Pooling of Interests in CBM Uait BUN-1 VGOB-91-0716-