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INSTRUMENT PREPARED BYVIRGINIA GAS AND OIL BOARD !
ORDER RECORDED UNDER CODEOF VIRGINIA SECTION 45.1G6126
VIRGINIA:
BEFORE THE VIRGINIA GAS AND OIL BOARD
AMENDED SUPPLEMENTAL ORDER REGARDINGDOCKET NO.: VGOB 09/02/17-2475
ELECTIONS, UNIT: VC-536880
(hereinafter "Subject Drilling Unit" ).
REPORT OF BOARD
FINDINGS AND ORDER
1. This Amended Supplemental Order is entered by the Board sua snonte in the form
authorized by the Board at its hearing held at 9:00a.m. on October 20, 1992, Board ofSupervisors Room, Courthouse, Grundy, Virginia, and pursuant to authority granted tothe Board's Chairman at the hearing of the Virginia Gas and Oil Board on June 16,1992, at 9:00a.m. at the Rhododendron Restaurant at the Breaks Interstate Park,Breaks, Virginia; and this Supplemental Order is being recorded for the purpose of (I)complying with the requirement of the Virginia Gas and Oil Board Regulations, 4VAC 25-160.70C by supplementing the Order previously issued by the Board forsubject Docket on July 20, 2009, and recorded in Instrument ¹ 090002584 in theOflice of the Clerk of Circuit Court, Buchanan County, Virginia on August 27, 2009,(herein "Board Order" ) to complete the record regarding elections. The Board Orderpooled all interest in Subject Drilling Unit including those of the Respondents moreparticularly set forth and idenfified by the Designated Operator in the affidavitsattached hereto and made a part hereof. The Board finds it has jurisdiction over thesubject matter pursuant to the provisions of the Virginia Gas and Oil Act, It 45.1-361.1et seg., Virginia Code, 1950 as amended.
2. Findinus: The Board finds that:
(a) The Board Order directed EQT Production Company, (herein the DesignatedOperator" ), to mail copies of the Board Order to all respondents whose interest,if any, were pooled by said Board Order;
(b) The designated operator filed its alfidavit of mailing dated September 24, 2009,disclosing that it had mailed a correct copy of the Board's Order to allRespondents whose interest, if any, were pooled by said Board Order;
(c) The Board Order required each Respondent whose interest, if any, were pooledby the terms of said Board Order to make his or her election within thirty (30)days atter the date of mailing or recording, as applicable, of said Order; the
Designated Operator has filed its amended affidavit dated March 4, 2010, in
accordance with $ 7.C of the Virginia Gas and Oil Board Regulations and 4VAC 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 Operator furnished said Statement of Interests as part of itsAffidavit of Election. A copy of which is attached hereto as Exhibit B;
(e) Current Board standards requiring the escrow of funds and the Board'sagreement with its Escrow Agent, First Bank & Trust Company, P.O. Box 3860,Kingsport, TN, 37660 (423) 245-6971, Attn: Debbie Davis, or any successornamed by the Board, require the entry of a Supplemental Order establishing ofrecord the elections made or deemed to have been made and specifying thesums or percentage thereof subject to escrow. Current Board escrow standardswere made applicable to Subject Drilling Unit by a Board Order datedDecember 23, 1992.
3. Order: 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, FirstBank k Trust Company, P.O. Box 3860, Kingsport, TN, 37660 (423) 245-6971, Attn:Debbie Davis, or any successor named by the Board to establish interest-bearingescrow account(s), IRS Tax Identificafion Number 54-1629506, in accordance withthe information set forth in said affidavits to receive such funds and account to theBoard there fore.
4. Mailina of Order and Filinu of Affidavit: The Designated Operator under thecaptioned Order or its Attorney shall file an affidavit with the Secretary of the Boardwithin 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.
DONE AND EXECUTED this 90'ay of A~,2010 by a majorityof the Virginia Gas and Oil Board.
d.~DONEANDPERPORMED THIS HCI 0 I I fl dyl H,20100y
Order of this Board.
Virginia Gas and Oil Board
STATE OF VIRGINIA )
COUNTY OF RUSSELL )
A «dg d 0'~d y f 2010fpersonally before me a notary public i)E7 and fear the Commonwealth ofVirginia, appeared Bradley C. Lambert, belong duly sworn did depose and saythat he is Chairman of the Virginia Gas and Oil Board, and David AsburyJr., being duly sworn did depose and say that he is Principal Executive tothe Staff of the Virginia Gas and Oil Board, that they executed the sameand was authorized to do so.
Szgy~. C7~MDiane Davis, No~y174394
Ny commission expires: September 30, 2013.
VIRGINIA:
BEFOBE THE VIRGINL4 GAS AND 01L BOAJUJ
IN RE: Application of EQT Production Company, for Forced Pooling of Interests in Unit
Number VC-536880 VGOB Docket No. VGOB-09/02/17-2475 in the Pmter Magisterial Districtof Buchanan County, Virginia.
AMENDED AFFIDAVIT OF WILHOIT & KAISER, Attorneys-at-Law, Agents for the
Designated Operator REGARDING ELECTIONS, ESCROW ACCOUNTS ANDSUPPLEMENTAL 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 & KAISER, the Agent forthe Designated Operator, with offices located at 220 Broad Street, Kingsport,Tennessee 37660, and is authorized to give this Affidavi in its behalf;
2. That the Order entered on July 20, 2009, by the Virginia Gas and Oil Board regarding
the captioned coalbed methane Unit required the Applicant to mail a true and correct
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;
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 August 27, 2009.
That the Designated Operator, by and through their agent, Wilhoit & 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 theelections, 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:
NONE
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 as either unknown claiments or conflicting claiments under the Board's Order
pooling the captioned Unit, Board Regulations and the Code of Virginia; that oppositethe name of each person named as a Respondent listed below is set forth:
TRACT LESSORLEASESTATUS
NETREVENUEINTEREST
OR
Gallic Friend, Trustee of the Estate of Unleased 0.04250000Yellow Poplar Lumber CompanyUnknown
Range Resources-Pine Mountain, Inc. Leased 0.04250000ATTN: Jerry Grantham 906889/ T2-42P.O. Box 2136Abingdon, VA 24212
OR
Patricia Ann Compton, widow8240 Beatrice 936511Westland, MI 48185-1870
Leased 8.46000000
Range Resources-Pine Mountain, Inc. Leased 0.010575ATTN: Jerry Grantham 906889/ TC-230P.O. Box 2136Abingdon, VA 24212
OR
Bobby OwensP. O. Box 11Haysi, VA 24256
Range Resources-Pine Mountain, Inc.ATTN: Jerry GranthamP.O. Box 2136Abingdon, VA 24212
Unleased 0.00225
Leased 0.00225000906889/ TC-230
That after the pooling hearing held in the captioned matter, the following persons haveleased or entered into a voluntary agreement with the Desiytated Operator withregard to their interest and/or claims.
NONE
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 ~h 10 of the Order.
Tract Lessor
Gallic Friend, Trustee of the Estate ofYellow Poplar Lumber CompanyUnknown
Cash Consideration
19.9800x $5.00 = $99.90
Bobby OwensP. O. Box 11Haysi, VA 24256
1.0600x $5.00 = $5.30
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 required in this
matter pursuant to the terms of $f 45.1-361.21.D.
Dated at Kingsport, Tennessee, this 4th day of March 2010.
AfIi mt
State of Tennessee )County of Sullivan )
Taken, subscribed and sworn to before me by James E. Kaiser, the Agent of EQT ProductionCompany, a corporation, on behalf of the corpomtion, this 4th day of March 2010.
0)llauaaaI
My commission expires: October 24, 2012.
Vfell Coordinotesl (Geographic h/27)37.154435'82 157548'
——
9,900'ote:
Property infarmotion providedEquitable Produclion Company.
lb'00
Lati(IJde 37'0'0"/.cosa Na 906889 / 12-42A.B. Hrcho/n et o/.206822 AcresHeartwood iorestland Fund IV, CP. — surfaceACIN LLC —coalAlpho Load 0 Reserves LLC —coal lesseeWBRD LLC —coa/Dickenson —Russel/ Coal Campany LLC —cool lesseeRange Resources-Pine Mountain, Inc. —ai/ rk CBMun/easedCollie Friend Trustee of Ihe Fslare of Yellow Papier Lumber Co. — gasCos /9.96 Ac. 34.00$
OI+
by
lp lrl 5703 ig I—300481.11'PN 53'44'
194.73
Agmewwnt I 00133 I Jr'BMVC-530880hibbert H. Owens
31 AcresACIN LLC —cool I, —---— Bfgpho Lond 0 Resenws LLC —cool lessee
ISWRD LLC —caol crDfbkenson-Russet Caal Compony LLC —cool lessee I
Rents Resoumes-fvne Ltounioin, Inc, - ail, gas 0 CBM QS IChesapeake Appohrchia LI C —oi/, gos 41 CBLI lesseeCos 29.51 Ac. 5021N
B~c'r~c>0
[s
The undersigned hereby certifiesihat the final location is eilhin ten(10') feet oi the locatkrn shownon the well plot dated 2—09-2009,
Well Coordinates: (VA St. Plane S. Zone,NAD 83)N 3,600,489.95 E 10,417,318.72
IVeD Coordinates: (VA SL Plane S. Zone,AND 27 Calculated from NAD 83)N 31959283 F 934,332.75
Lease No. 906869 / TC-229J.H. Duty78.22 AcresACN LLC —coalAlpha Land Lt Renvves Lt.C —cool lesseeSSRD LLC —coalDickenson-Russell Cool Compony LLC
—cool lesseeRange Resaumes-Pine Mounioin, /nc.
— oil, gas 8 CBMGos 825 Ac. 5.536
IOs ', I~=HI.'f$ -.~ 8
,'
Icosa Na 9068IW / TC-230Big Sandy Fuel Corp.146. /9 Acres
ACIN LLC - coalAlpha Land 8 Resenas LLC —coal lesseeSBRD LLC —coalDickenson-liessell Corri Company LLC
coal /essesRange Resources —Pine Mountain, Inc. — (CBM)Dnleosed5 AcresBobby Owens —oil 0 gos (Chhr)Cas 106 Ac 180$
Well Coordinotes/ (Clinchfield Cool Co.)N 19.839.12 E 85,885.93 Area of unil = 58.77 Ac
WELL LOCATION PLAT (Nore Grid AO-7B)
Well elevation determined by CPSsurvey from HARN Monument P-424
COMPANY EOT Production Comoonv WELL NAME AND NUMBER VC-838880TRACT NO. L Na 908889 / T2-42 ELEVATION 1.99.3.08'UADRANGLE PmtnCOUNTY Buchnnnn DISTRICT Pmter 'CALE 1" = 400 DATE 2-22-2010This Plat is a new plat; an updated plat~; or a final location plat
+ Denotes the location of a well on United States topographic Maps, scale I to24,DOD, latitude and longitude lines being represented by border lines as shown.
4 Licensed Land SurveyorForm DGO-GO-7
EXHIBIT nBn
VC-536880REVISED 02/26/10
TR LESSORLEASESTATUS
INTEREST GROSSWITHIN ACREAGE
UNIT IN UNIT
Gas Estate Onlv
1 Gallic Fnend, Trustee of the Estate ofYellow Poplar Lumber CompanyUnknown
Unleased 34.000000% 19.9800
2 Patncia Ann Compton, widow8240 BeatnceWestland, Ml 48185-1870
Leased936511
8 460000% 4.9700
3 Bobby OwensP. O. Box 11Haysi, VA 24256
4 Range Resources-Pine Mountain, incATTN. Jerry GranthamP.O. Box 2136Abingdon, VA 24212
5 Range Resources-Pine Mountain, inc.ATTN. Jerry GranthamP.O. Box 2136Abingdon, VA 24212
Unleased
LeasedAgreement Number 00133
LeasedAgreement Number 00133
1.800000%
5 530000%
50.210000%
1.0600
3 2500
29 5100
TOTALGAS ESTATE
Percentage of Umt LeasedPercentage of Unit Unleased
Acreage in Unit LeasedAcreage in Unit Unleased
100.000000% 58.7700
64 280000%35.720000%
37 780020 9900
Page 1 of 2
TR LESSOR
EXHIBIT "B"VC-536880
REVISED 02/26/1 0
LEASESTATUS
INTEREST GROSSWITHIN ACREAGE
UNIT IN UNIT
Coal Estate Onlv
1 Range Resources-Pine Mountain, IncATTN: Jeny GranthamP.O. Box 2136Abingdon, VA 24212
2 Range Resources-Pine Mountain, IncATTN; Jerry GranthamP O. Box 2136Abingdon, VA 24212
3 Range Resources-Pine Mountain, Inc.ATTN: Jeny GranthamP.O. Box 2136Abingdon, VA 24212
Leased906889/ T2-42
Leased906889/ TC-230
Leased906889/ TC-230
34 000000%
8 460000%
1.800000%
19 9800
5 0200
1 0600
4 Range Resources-Pine Mountain,inc.ATTN: Jerry GranthamP.O. Box 2136Abingdon, VA 24212
Leased 5.530000%Agreement Number 00133
3 2500
5 Range Resources-Pine Mountam, Inc.ATTN: Jerry GranthamP.O. Box 2136Abingdon, VA 24212
TOTAL COAL ESTATE
Percentage of Umt LeasedPercentage of Unit Unleased
Acreage in Unit LeasedAcreage in Unit Unleased
LeasedAgreement Number 00133
50 210000% 29.5100
100 000000% 58.8200
100 000000%P PPPPPP%
58 77000 0000
Page 2 of 2
EXHIBIT nB2n
VC-536880REVISED 02/26/1 0
TR LESSORLEASESTATUS
INTERESTWITHIN
UNIT
GROSSACREAGE
IN UNIT
Gas Estate Dntv
DISMISSED
2 Joseph Tiller 8Violet Tiller, tl/WRoute 1, Box 6Huneker, VA 24260-9759
Leased 5 922000o/o
9099803.4790
Fate Gaines Compton251 Decatur RoadStafford, VA 22554-3014
Leased 2 538000o/o909980
1.4910
Total 8.4600003g 4.9700
ADDED
2 Patncia Ann Compton, widow8240 BeatriceWestland, Ml 48185-1870
Total
Leased936511
8 460000'/o
8.46000036
4 9700
4.9700
Page 1 o/1
EXHIBIT "B-3"VC-536880
REVISED 02/26/10
TRACT LESSORLEASESTATUS
INTERESTWITHIN
UNIT
GROSSACREAGE
IN UNIT
Gas Estate Only
1 Galbe Fnend, Trustee of the Estate ol Unleased 34.000000%Yellow Poplar Lumber CompanyUnknown
19.9800
3 Bobby OwensP 0 BoxftHaysi, VA 24256
Unleased 1.800000% 1.0600
TOTAL UNLEASED 35.800000% 21.0400
Page 1 of 1
EXHIBIT "E"VC-536880
REVtSEO 02/26/10
TR LESSORLEASESTATUS
INTERESTWITHIN
UNIT
GROSSACREAGE
IN UNIT
Gaa Estate Onlv
1 Gellis Friend, Trustee of the Estate ofYellow Poplar Lumber CompanyUnknown
Unleased 34.000000% 19.9800
2 Patnksa Ann Compton, widow8240 BeatriceWestland, Ml 48185-1870
Leased936511
8.460000% 4 9700
3 Bobby OwensP O. Box 11Haysi, VA 24256
Unleased 1 800000% 1.0600
Total 44.260000% 26.0100
1 Range Resources-Pine Mountain, incATTN: Jerry GranthamP O. Box 2136Abingdon, VA 24212
2 Range Resources-Pme Mountain, inc.ATTN: Jerry GranthamP.O. Box 2136Abingdon, VA 24212
3 Range Resources-Pine Mountain, inc.ATTN: Jerry GranthamP.O. Box 2136Abingdon, VA 24212
Total
Coal Estate Onlv
Leased906889/ T2-42
Leased906889/ TC-230
Leased906889/ TC-230
34.000000%
8 460000%
1.800000%
44.260000%
19 9800
4.9700
1.0600
26.0100
TNSTRI/IIENT SIOCIX .:"RECO.,OED ItN THF CLERhrS OFFICE .iF
SLICHANAN COON 'I'NALISUST IIt 201O AT On.'.di'8
SE)ERL) S TTLLcRt I 'RRRECOhOEOl SY: SK
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