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bismarcktribune.com Bismarck Tribune

PUBLIC NOTICE Name,Address and Telephone ) Number of Attorney: ) Malcolm H. Brown, of the firm ) of MALCOLM H. BROWN, P.C. ) 209 East Broadway Avenue ) P.O. Box 2692 ) Bismarck, ND 58502-2692 ) Telephone: (701)224-8825 ) Attorney for Personal Representative ) IN DISTRICT COURT OF BURLEIGH COUNTY, STATE OF NORTH DAKOTA In the Matter of the Estate of James R. Roth, Deceased. Probate No. 09P0131 NOTICE TO CREDITORS NOTICE IS HERBY GIVEN that the undersigned has been appointed Personal Representative of the above estate. All persons having claims against the said deceased are required to present their claims within three months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Jason Roth, Personal Representative of the estate, at P.O. Box 2692, Bismarck, ND 58502-2692 or filed with the court. Dated this 11th day of June, 2009 /s/ Jason Roth Jason Roth, Personal Representative 6/17, 24 & 7/1 - 604145 Name,Address and Telephone Number of Attorney. Judith E. Howard (ID 03482) Howard & Associates, P.C. 7 Third St. SE, Suite 202 Minot, ND 58701-3916 701-852-5904 Attorney for Personal Representative IN THE DISTRICT COURT OF BURLEIGH COUNTRY, STATE OF NORTH DAKOTA In the matter of the Estate of Albert H. Bauer, Deceased. Probate No. 09P134 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against the said deceased are required to present their claims within three months after the date of the first publication or mailing of this notice or said claims will be forever barred. Claims must either be presented to Donna Donahue and Jerome Bauer, personal representatives of the estate at c/o Howard & Associates, P.C. 7 Third St. SE, Suite 202, Minot, North Dakota 58701-3916, or filed with the Court. Dated this 26th day of June, 2009 /s/Donna Donahue/Jerome Bauer Donna Donahue/Jerome Bauer 3340 Foxtail Cir. Bismarck, ND 58503 7/1,8,15 - 604229 STATE OF NORTH DAKOTA COUNTY OF BURLEIGH IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT IN THE MATTER OF THE ESTATE OF FRANCIS RAY GIBSON, DECEASED Civil No. 09P132 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against the said deceased are required to present their claims within three (3) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Jeanine V. Gibson, personal representative of the estate, at P.O. Box 2196, Bismarck, ND 58502-2196 or filed with the Court. Dated this 12 day of June, 2009 /s/ JEANINE V. GIBSON JEANINE V. GIBSON, Personal Representative Norlyn E. Schulz (ID 02954) SCHULZ GEIERMANN & BERGESON LAW OFFICES, P. C. 425 North 5th St. Box 2196 Bismarck, ND 58502-2196 (701)223-1986 Attorney for Personal Representative 6/12, 24 & 7/1-604146 STATE OF NORTH DAKOTA COUNTY OF BURLEIGH IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT IN THE MATTER OF THE ESTATE OF RUTH M. KINNISCHTZKE PROBATE NO. 09-P137 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within three (3) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Mark J. Kinnischtzke, personal representative of the estate, at 408 Mason Ranch Dr. Georgetown,Texas 78628, or filed with the Court Dated this 19th day of June, 2009 /s/Mark J. Kinnischtzke Mark J. Kinnischtzke Personal Representative 408 Mason Ranch Dr. Georgetown TX 78628 David A.Tschider I.D. # 04224 Tschider & Smith Professional Bldg. 418 E. Rosser Ave. Suite 200 Bismarck, ND 58501 Attorney For Estate First publication of the 24th day of June 2009. PUBLICATION DATES: June 24, 2009, July 1 2009, July 8, 2009. 6/24, 7/1 & 8 - 604174 REQUEST FOR BIDS City of Bismarck, Bismarck Police Department, Bismarck, North Dakota will receive sealed bids until 10:00 a.m. July 17, 2009 for the purchase of a Bomb Squad Response Vehicle. Bids received after this date and time will be returned unopened. Bids should be mailed to Deputy Chief Dan Donlin, City of Bismarck Police Department 700 South 9th Street, Bismarck, North Dakota 58504. Bidders can bid a new or demonstrator vehicle, but, not a “used” vehicle. The vehicle should be approximately 28’ overall length, 18’ body length and 7’ ceiling height. Truck and Chasse should be similar to a Ford F650 diesel. The cargo or box area will be utilized to carry bomb squad equipment to include an Andros F6A robot. The vehicle should be equipped with an exterior emergency vehicle light package. Bidders shall submit bids as per specifications, which are on file in the Administrative Office of the Bismarck Police Department, 700 South 9th Street, Bismarck, North Dakota 58504. Contact person is Office Assistant III, Susan Ronning, 701-355-1868. All bids will be publicly opened at the Police Department on July 17, 2009 at 10:30 a.m. and read publicly. All Bidders are invited to be present at the bid opening and reading of proposals. The Board of City Commissioners reserves the right to reject any and all bids and to waive technicalities or to accept the bid determined to be for the best interest of the City of Bismarck. City of Bismarck Keith Witt Chief of Police 6/24 & 7/1- 604177 ADVERTISEMENT The Board of City Commissioners of the City of Bismarck will receive bids for the furnishing of paving materials in the office of the City Administrator until 3:00 p.m. Tuesday, July 14, 2009. All bids will be pub-

licly opened and read aloud at 4:00 p.m. Tuesday, July 14, 2009, at the office of the City Administrator. The proposal must be mailed to or otherwise deposited with the City Administrator, 221 North Fifth Street, P.O. Box 5503, Bismarck, North Dakota 58506-5503, and shall be sealed and endorsed “Proposal for Furnishing Paving Materials Salt, Sand, Aggregates - 2009.” The Contractor shall include a copy of his license or renewal thereof enclosed in the required bid bond envelope as required pursuant to Section 43-07-12 of the North Dakota Century Code, as amended. Each bid shall be accompanied by a separate envelope containing a bidder’s bond in the amount of five (5) percent of the amount of the bid as required by Section 48-01.105(3), North Dakota Century Code, as amended and executed as provided by law. Bids must be submitted on blanks furnished by the City of Bismarck and in accordance with the specifications and conditions therein contained. Copies of proposal blanks and specifications may be obtained from the City Engineer, 221 North Fifth Street, Bismarck, North Dakota 585065503. All bidders are invited to be present at the opening of proposals. The right is reserved to reject any and all bids, to waive technicalities, or to accept such as may be determined to be for the best interest of the City of Bismarck. CITY OF BISMARCK W. C.Wocken City Administrator Dated this 23rd day of June, 2009. 6/26 & 7/1 - 604188 NOTICE OF SALE Civil No. 09C0819 NOTICE IS HEREBY GIVEN, that judgment and decree of foreclosure was rendered by the District Court for the South Central Judicial District, Burleigh County, North Dakota, on June 4, 2009, in the office of the Clerk of Court for Burleigh County, North Dakota, in Civil No. 09C0819. CitiMortgage, Inc. was plaintiff and Pamela Schneider a/k/a Pamela K. Schneider; Shanahan Schneider; Tax Commissioner of the State of North Dakota; Mid Dakota Clinic; and any persons in possession; were defendants in the action. On that day, it was adjudged that there was due to plaintiff for indebtedness upon a mortgage the sum of $98,559.76, inclusive of costs and disbursements. By virtue of a writ of special execution issued to me by the Clerk of the Court, I will sell the real property which is the subject of the foreclosure and is described below to the highest bidder for cash at public auction at the front door of the Burleigh County Courthouse in the City of Bismarck, Burleigh County, North Dakota, on July 14, 2009, at the hour of 1:15 p.m. to satisfy the amount due with costs accrued to the date of sale, or so much thereof as the proceeds of such sale applicable thereto will satisfy. The real property to be sold is located in Burleigh County, North Dakota, and more particularly described as follows: Lots 1 and 2, Block 34, Flannery & Wetherby Addition to the City of Bismarck, Burleigh County, North Dakota (a/k/a 622 North 19th Street, Bismarck, North Dakota 58501). Dated this 17th day of June, 2009. PAT D. HEINERT, Sheriff Burleigh County,North Dakota Paul M. Hubbard For CONMY FESTE LTD. P.O. Box 2686 Fargo, North Dakota 58108-2686 Telephone: 701-293-9911 ATTORNEYS FOR PLAINTIFF 6/17, 24 & 7/1 - 604148 PUBLIC NOTICE Environmental Monitoring Summary Report for “Wildlife Damage Management in North Dakota for the Protection of Livestock, Public Health and Safety, Property and Wildlife” The U.S. Department of Agriculture,Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS) program conducts environmental monitoring for Environmental Assessments (EAs) to evaluate the effects from implementing actions and to determine whether the FONSIs and Decisions are consistent with the analysis in the EAs. In 1996, WS prepared an EA to analyze effects from conducting predator damage management in North Dakota. A FONSI was developed and Decision signed in 1997 and later supplemented in 2003. Monitoring has been conducted to review program data and to determine if the EA is consistent with applicable environmental regulations. The purpose of this review is to: 1) evaluate the results of North Dakota WS’ predator damage management conducted during FY 2004 to 2008 and evaluate the accuracy of the EA analysis, 2) review standard operating procedures designed to minimize or avoid adverse environmental effects, and 3) provide an opportunity for public review. Based on our 5-year review, there continues to be no indications that WS’ activities are having a significant impact, individually or cumulatively, on the quality of the human environment. Copies of the EA, Decisions/ FONSIs, monitoring reports, and Summary Report may be obtained from APHIS-WS, 2110 Miriam Circle, Bismarck, North Dakota 58501-2502, or by telephone at 701-2504405, or the report may be obtained at http://www.aphis.usda.gov/regulations/ws/w s_nepa_environmental_documents.shtml. Written comments can be sent to the above mailing address or sent by fax at (701) 250-4408. All comments must be received by COB on July 18, 2009 in order to receive full consideration. 6/18, 19, 20, 22, 23, 24, 25, 26, 27, 29, 30 & 7/1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16 & 17 - 604150 STATE OF NORTH DAKOTA PUBLIC SERVICE COMMISSION NorthDakotaTelephone Company/Midcontinent Communications Interconnection Agreement Amendment Application Case No. PU-09-304 NOTICE OF OPPORTUNITY FOR COMMENT June 24, 2009 On July 26, 2006, North Dakota Telephone Company (NDTC) entered into an interconnection agreement with Midcontinent Communications (Midcontinent) pursuant to Section 251 of the Telecommunications Act of 1996 (Act).The agreement set forth terms and conditions under which NDTC provides wholesale services for resale by Midcontinent, Case No. 05-451. On March 31, 2008, the companies amended the July 26, 2006 wholesale resale agreement and included the provision of extended area service interconnection (EAS), Case No. 08-578. On June 12, 2009, Midcontinent filed a petition for approval of further amendments, which add the provision of the interconnection services in the Harvey exchange. This amendment was filed under Section 252(e) of the Telecommunications Act of 1996. The Act requires that any agreement adopted by negotiation or arbitration be submitted for approval to the Commission. Under 47 U.S.C. § 252(e)(2)(A), the Commission may only reject an agreement adopted by negotiation (or a portion of the agreement) if it finds that: 1. the agreement discriminates against a telecommunications carrier that was not a party to the agreement; or 2. implementation of the agreement is not consistent with the public interest, convenience, and necessity. In addition, under 47 U.S.C. Section 253 the

Commission may include in its review state requirements that do not constitute barriers to entry. The Commission will receive written comments on this agreement until July 31, 2009. For more information contact the Public Service Commission, State Capitol, Bismarck, North Dakota 58505, 701-3282400; or Relay North Dakota 1-800-3666888 TTY. If you require any auxiliary aids or services, such as readers, signers, or Braille materials please notify Darrell Nitschke, Executive Director. PUBLIC SERVICE COMMISSION Tony Clark, Commissioner Kevin Cramer, President Brian P. Kalk, Commissioner 7/1 - 604225 STATE OF NORTH DAKOTA COUNTY OF BURLEIGH IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT The State of North Dakota, doing ) business as The Bank of ) North Dakota, ) Plaintiff, ) vs. ) ) Cheryl Gorden, ) n/k/a Cheryl Christensen, ) and Raymond Christensen, ) Defendants. ) Civil No. 09-C-0495 NOTICE OF SALE Notice is hereby given that by virtue of a Judgment and Decree of a foreclosure rendered and given by the Burleigh County District Court, North Dakota, and entered and docketed in the Office of the Clerk of Court on May 21, 2009, in an action wherein The State of North Dakota, doing business as The Bank of North Dakota was Plaintiff and Cheryl Gorden, n/k/a Cheryl Christensen and Raymond Christensen, husband and wife, were Defendants, adjudging that there is due and payable on the real estate mortgage described in Plaintiff’s Complaint the sum of $155,374.26, which Judgment and Decree, among other things directed the sale by me of the real property hereinafter described to satisfy the amount of the Judgment with interest thereon and the cost and expenses of such sale are so much thereof as the proceeds of the sale applicable thereto will satisfy, and by virtue of a Writ to me issued out of the Office of the Clerk and under the Seal of the Court, directing me to sell the real property pursuant to said Judgment and Decree. I, Pat Heinert, Sheriff of Burleigh County, North Dakota and the person appointed by the Court to make the sale, will sell the hereinafter described real estate to the highest bidder for cash at public auction at the front door of the courthouse in Bismarck, Burleigh County, North Dakota, on August 4, 2009, at the hour of 1:15 p.m. of that date to satisfy the amount declared due and payable in said Judgment, with interest and costs thereon and the costs and expenses of such sale or so much thereof as the proceeds of such sale applicable thereto will satisfy. The premises to be sold pursuant to said Judgment and Decree and said Writ and to this notice are located in Burleigh County, North Dakota and are described in the Judgment and Decree and Writ as follows to wit: Lot “A” within the Northwest Quarter (NW1/4) of Section Twenty (20), Township One Hundred Forty-two (142) North, Range Seventy-nine (79) West of the Fifth Principal Meridian, Burleigh County, North Dakota, as fully shown in plat of irregular description as Doc. No. 678761. The above legal description is comprised of a manufactured home with the following information: Trade/Model name is Schult Mediastar, SN #RED357864MNAB; which is affixed and attached to the land and is part of the real property. The failure to include the street address in the notice, does not affect the validity of the notice. Please note the sale is subject to cancellation or postponement. Dated this 24th day of June, 2009. Pat Heinert, Sheriff Burleigh County Sheriff’s Department /s/Sharlene Schuh Sharlene Schuh Deputy Sheriff The person to hold such sale. Dated this 24th day of June, 2009. State of North Dakota Wayne Stenehjem Attorney General By:Douglas B.Anderson Douglas B.Anderson Assistant Attorney General State Bar ID No. 05072 Office of Attorney General 500 North 9th Street Bismarck, ND 58501-4509 Telephone (701) 328-3640 Facsimile (701) 328-4300 Attorneys for Plaintiff. 7/1,8,15 - 604228 ADVERTISEMENT FOR CONSTRUCTION BIDS OWNER: Turtle Mountain Band of Chippewa ADDRESS: Highway 5 West, Belcourt, ND 58316 Sealed bids for construction of Rough Grading for a Youth Wellness Center will be received at the office of Turtle Mountain Band of Chippewa, Highway 5 West, Belcourt, ND. Bids will be received until 2:00 pm central time, on the 13th day of July, 2009, where and at which time they will be publicly opened and read aloud. Bids can be mailed to: Turtle Mountain Band of Chippewa C/o Shane Martin PO Box 900 Highway 5 West Belcourt, ND 58316 The project is compromised of importing and placing fill in designated locations to the specified compaction requirements. Other minor work is also included. Each Bid must be accompanied by a separate envelope containing a Bidders Bond in a sum equal to five percent (5%) of the full amount of the Bid payable to the Turtle Mountain Band of Chippewa. The Bidder’s Bond shall be executed by the Bidder as principal and by a surety, authorized to do business in the State of North Dakota meeting the requirements of the Bidding Documents, conditioned that if the principal’s Bid is accepted and the Contract awarded to the principal, the principal, within ten (10) days after Notice of Award, shall execute a Contract and shall supply all documents required as outlined in the project manual. Only bids which are accompanied by such a bond will be considered. The Bidder must be licensed for the full amount of the Bid. Each Bid shall contain a copy of the Contractors license or certificate of renewal thereof issued by the North Dakota Secretary of State enclosed in the required Bid Bond envelope. No Contract shall be awarded to any Bidder unless the Bidder holds a license in the class within which the value of the project falls. All Bids must be submitted in a Bidding envelope that is securely sealed. The envelope shall be plainly marked to indicate the contents and shall show the name of the person, firm, or corporation submitting the Bid, project title and acknowledge receipt of all Addenda. No Bid will be read or considered that does not fully comply with the above provisions regarding bonding, licensure, and receipt of Addenda; any deficient Bid submitted shall be resealed and returned to the Bidder. Plans and specifications are on file and may be seen and examined at the following locations during normal business hours: Houston Engineering, Inc 3712 Lockport Street Bismarck, ND 58503-5535

Houston Engineering, Inc. 720 Western Avenue Minot, ND 58701 Turtle Mountain Band of Chippewa Tribal Headquarters Building TMBC Property & Supply Depart. Belcourt, ND 58316 Houston Engineering, Inc. 3712 Lockport Street, Bismarck, ND 58503, will furnish any prospective Bidder a copy of such Plans and Specifications following receipt of payment of Twenty dollars ($20.00), NON REFUNDABLE, for each set of documents requested, or a CD may be obtained with the documents in electronic (.pdf) format following receipt of payment of Fifteen dollars ($15.00) per set, non-refundable. The Advertisement for Bids, Planholders List, Addendums, and Bid Results will be available at the following website: h t t p : / / w w w. h o u s t o n e n g . c o m / b i d s / default.htm The work for the construction contracts must be completed no later than the following: Substantial Completion: October 15, 2009 Final Completion: October 30, 2009 All Bids will be made on the basis of cash payment for such Work. After Bid opening the Owner will return the Bid security of all except the three lowest responsible Bidders. When the Contract is awarded, the remaining unsuccessful Bidder's Bonds will be returned. The Owner reserves the right to reject any and all Bids or portions thereof, and further reserves the right to award the Contract in the best interest of the Owner. The Owner reserves the right to hold the three (3) lowest Bids for a period of ten (10) days after the date of the Bid opening. Turtle Mountain Band of Chippewa laws and ordinances which the CONTRACTOR must comply include, but are not limited to, the Tribal Employment Rights Ordinance (TERO). A 3% TERO and a 1% EPA fee shall apply to all contracts over $10,000, and will apply to this project. Each bidder shall include all TERO and EPA fees as part of his or her Bid as the successful Contractor and will be required to pay these fees to the appropriate office. Current wage scales are available from the TERO office, P.O. Box 900, Highway 5 West, Belcourt, ND 58316, (701) 477-2660. The apparent successful bidder, including subcontractors, shall obtain Tribal Business Licenses from the TERO office prior to contract award. Local Tribal contractor preference as described under TMBC Tribal Ordinance will apply at a value of 5%. Dated this 24 day of June, 2009. By: /s/ Richard Marcellais, Chairman Turtle Mountain Band of Chippewa 6/30 & 7/1, 2, 3, 4, 6, 7, 8, 9, 7/10 & 11 - 604200 ROSEBUD SIOUX TRIBAL COURT ) ROSEBUD INDIAN RESERVATION ) ) SS ROSEBUD, SOUTH DAKOTA ) Lynia Mercy Harlan Petitioner vs. Harold Leon Harlan, Jr. Respondent IN TRIBAL COURT DOCKET NO. D 09-001 ORDER FOR SERVICE OF SUMMONS AND COMPLAINT BY PUBLICATION The above entitled Court having been presented with a Motion for Service by Publication and Affidavit in support thereof dated June 10th, 2009,and submitted to this Court by the Petitioner, and the Court finding that good cause exists for the granting of such motion; NOW THEREFORE: IT IS HEREBY ORDERED, that the Clerk of the Rosebud Sioux Tribal Court publish the Summons and Complaint in the above-entitled action dated January 13, 2009, in the newspaper known and referred to as the Bismarck Tribune, Bismarck, North Dakota once a week for four (4) consecutive weeks and that the last publication shall be at least ten (10) days before the date of the hearing set forth in the summons herein. Dated this 12th day of June, 2009 /s/ Tribal Court Judge ATTEST: /s/Phyllis Cadue Clerk of Courts ROSEBUD SIOUX TRIBAL COURT ) ROSEBUD INDIAN RESERVATION ) ) SS ROSEBUD, SOUTH DAKOTA ) Lynia Mercy Harlan Plaintiff(s)) vs. Harold Leon Harlan, Jr. Defendant(s) IN CIVIL COURT DOCKET NO. D 09-001 SUMMONS - SERVICE BY PUBLICATION To the defendant(s) in the above named, and any other person who may be concerned. You are notified that you have been sued in the Court above named DIVORCE COMPLAINT. In addition to the above named defendant(s) being served by this summons by publication there may be other defendant(s) who have an interest in this law suit. If you have a claim for relief against the plaintiff arising from the same transaction or occurrence, you must assert it in your written answer. You must answer the Complaint in writing, by you or your attorney by thirty (30) days. (The same being within thirty (30) after the notice of suit), and if you fail to do so a judgement will be entered against you for what the plaintiff has demanded. ATTEST: /s/Phyllis Cadue PHYLLIS CADUE CIVIL CLERK OF COURTS ROSEBUD SIOUX TRIBAL COURT P.O. Box #129 ROSEBUD, SOUTH DAKOTA 57570 ROSEBUD SIOUX TRIBAL COURT ) ROSEBUD INDIAN RESERVATION ) ) SS ROSEBUD, SOUTH DAKOTA ) Lynia Mercy Harlan PLAINTIFF(S)) VS. Harold Leon Harlan, Jr. DEFENDANT(S) IN CIVIL COURT DOCKET NO. D 09-001 Comes now Lynia Harlan (“Plaintiff”) and for her/his complaint against the Defendant, states and alleges as follows. 1. That Plaintiff is an enrolled member of Rosebud Sioux Tribe, and is presently residing within the exterior boundaries of the Rosebud Sioux Tribe. 2.That Defendant is an enrolled member of the Three Affiliated Tribes. Defendant’s address is Unknown. 3. That Plaintiff and Defendant were legally married on June 14, 2007 in the city of Bismarck, Burleigh County, in the state of North Dakota. 7. That Plaintiff and defendant have not accumulated property during the course of their marriage. 8.That Plaintiff and Defendant have incurred debts during the course of their marriage. 9.That plaintiff and defendant have irreconcilable differences, or in the alternative, the defendant has perpetrated acts upon plaintiff amounting to extreme cruelty which make it impossible to fulfill the aims and goals of marriage. 10. That the wife be restored her maiden name of Big Crow, WHEREFORE, Plaintiff prays that this Court order that A. This court has jurisdiction over the parties and subject matter herein; B. Judgment be entered awarding Plaintiff a Decree of Divorce from Defendant.

E. The Court make a fair an equitable division o of the property and make a fair and equitable distribution of the debts. F. That the Defendant reimburse the Plaintiff for the fees incurred in this matter. G. For any other relief the Court deems just and equitable. Dated this 13th day of January, 2009. /s/Lynia Harlan Plaintiff VERIFICATION Rosebud Indian Reservation ) ) SS Rosebud, South Dakota ) Lynia Harlan, being first duly sworn on oath, state and depose that he/she is the plaintiff in the foregoing Complaint, that he/she has dully executed said Complaint after reading the same, they h/she knows the content thereof to be true to his/her own knowledge, except those matters stated to be on information and belief, which matter he/she believes to be true. Dated this 13th day of January, 2009. /s/Lynia Harlan Plaintiff Subscribed and sworn to before me this 20th day of January, 2009 /s/Phyllis Cadue Phyllis Cadue Notary Public My commission expires: 10/01/10 (SEAL) 6/24, 7/1, 8 & 15 - 604154 NOTICE OF HEARING N.D. INDUSTRIAL COMMISSION OIL AND GAS DIVISION The North Dakota Industrial Commission will hold a public hearing at 9:00 a.m. Monday, July 20, 2009, at the N.D. Oil & Gas Division, 1016 East Calgary Ave., Bismarck, N. D. At the hearing the Commission will receive testimony and exhibits. Persons with any interest in the cases listed below, take notice. PERSONS WITH DISABILITIES: If at the hearing you need special facilities or assistance, contact the Oil and Gas Division at 701-328-8038 by Tuesday, July 07, 2009. STATE OF NORTH DAKOTA TO: Case No. 11246: Temporary spacing to develop an oil and/or gas pool discovered by the Marathon Oil Co. #14-35H Darwin, SWSW Section 35, T.145N., R.96W., Dunn County, ND, define the field limits, and enact such special field rules as may be necessary. Case No. 11247: Application of Marathon Oil Co.for an order creating a 1280-acre drilling unit consisting of Sections 17 and 20,T.146N., R.92W., Dunn County, ND, and allowing a horizontal well to be drilled in the Bakken Formation in each such drilling unit at any location not closer than 500 feet to the boundary thereof, or granting such other relief as is appropriate. Case No. 11248:Application of Petro-Hunt, LLC for an order amending the applicable field orders for the Charlson-Bakken and Keene-Bakken Pools to establish a 1280acre spacing unit in either the CharlsonBakken or Keene-Bakken Pool consisting of Sections 13 and 24, T.153N., R.96W., McKenzie County, ND, and allow a horizontal well to be drilled at any location thereon not closer than 500 feet to the boundary of the spacing unit and such other relief as is appropriate. Case No. 11078: (Continued) Application of Petro-Hunt, L.L.C., for an order creating five 1280-acre drilling units for the Bakken Formation consisting of Sections 14 and 15; Sections 13 and 24; Sections 22 and 27; Sections 23 and 26; and Sections 25 and 36, T.148N., R.95W., Dunn County, ND, and allowing a horizontal well to be drilled at any location not closer than 500 feet to the boundary of each drilling unit and such other relief as is appropriate. Case No. 11249: Application of Luff Expl. Co. for an order amending the orders for the Cold Turkey Creek-Red River Pool to include the E/2 and NW/4 of Section 20, T.130N., R.102W., Bowman County, ND, in Zone VII of the Cold Turkey Creek-Red River Pool and such other relief as is appropriate. Case No. 11250: Application of Hess Corp. for an order pursuant to NDAC § 43-0203-88.1 poolingall interests in a spacing unit for the Enget Lake-Bakken Pool, Sections 15 and 22, T.158N., R.93W., Mountrail County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11251: Application of Hess Corp. for an order pursuant to NDAC § 43-0203-88.1 pooling all interests in a spacing unit for the Enget Lake-Bakken Pool, Sections 9 and 10, T.158N., R.93W., Mountrail County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11252: Application of Hess Corp. for an order pursuant to NDAC § 43-0203-88.1 pooling all interests in a spacing unit for the Big Butte-Bakken Pool, Sections 15 and 22, T.157N., R.94W., Mountrail County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11253: Application of Hess Corp. for an order pursuant to NDAC § 43-0203-88.1 pooling all interests in a spacing unit for the Big Butte-Bakken Pool, Sections 6 and 7,T.156N., R.94W., Mountrail County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11254: Application of Hess Corp. for an order pursuant to NDAC §43-02-0388.1 pooling all interests in a spacing unit in an unnamed Bakken Pool described as Sections 26 and 27, T.157N., R.93W., Mountrail County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11255: Application of Hess Corp. for an order pursuant to NDAC § 43-0203-88.1 pooling all interests in a spacing unit in an unnamed Bakken Pool described as Sections 15 and 22, T.157N., R.93W., Mountrail County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11204: (Continued) Temporary spacing to develop an oil and/or gas pool discovered by the Hess Corp. #3625H-1 RS-State F-157-92, SESE Section 36, T.157N., R.92W., Mountrail County, ND, define the field limits, and enact such special field rules as may be necessary. Case No. 11205: (Continued) Application of Hess Corp. for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit for the Manitou-Bakken Pool, Sections 28 and 33, T.156N., R.94W., Mountrail County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11229: (Continued) Temporary spacing to develop an oil and/or gas pool discovered by the Burlington Resources Oil & Gas Co., LP #11-23H Catalina, NWNW Section 23, T.145N., R.96W., Dunn County, ND, define the field limits, and enact such special field rules as may be necessary. Case No. 11256: Application of Burlington Resources Oil & Gas Co. LP for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit in an unnamed Bakken Pool for the Catalina #11-23H, Sections 23 and 24, T.145N., R.96W., Dunn County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11257: Application of Burlington

Resources Oil & Gas Co. LP for an order pursuant to NDAC § 43-02-03-88.1 designating the Minnelusa Group in the Cedar Hills Field, located in Bowman and Slope Counties, ND, as an exempt aquifer pursuant to NDAC § 43-02-05-03 and such other relief as is appropriate. Case No. 11258: Application of Burlington Resources Oil & Gas Co. LP for an order extending the outline of the Blue Buttes Field to include Sections 2 and 11,T.151N., R.95W., McKenzie County, ND, and further including said lands within Zone II of the Blue Buttes-Bakken Pool, for which spacing has been established on the basis of one horizontal well per 1280-acres and such other relief as is appropriate. Case No. 11259: Application of Burlington Resources Oil & Gas Co. LP for an order amending the orders for the Berg, Union Center and Clear Creek Fields to establish three 1280-acre spacing units in either the Union Center-Bakken or the Clear CreekBakken Pool consisting of Sections 13 and 24; Sections 14 and 23; and Sections 15 and 22, T.152N., R.96W., McKenzie County, ND and such other relief as is appropriate. Case No. 11260: Application of Burlington Resources Oil & Gas Co. LP for an order extending the outline of the Haystack Butte Field to include all of T.148N., R.98W., McKenzie County, ND, and further including all of said township within Zone II of the Haystack Butte-Bakken Pool, for which spacing has been established on the basis of one horizontal well per 1280-acres and such other relief as is appropriate. Case No. 11228: (Continued) Temporary spacing to develop an oil and/or gas pool discovered by the Burlington Resources Oil & Gas Co., LP #14-9H Jack, SESW Section 9, T.145N., R.95W., Dunn County, ND, define the field limits, and enact such special field rules as may be necessary. Case No. 11261: Application of Windsor Energy Group, L.L.C. for an order pooling all interests in a spacing unit for the Parshall-Bakken Pool, Section 4, T.153N., R.90W., Mountrail County, ND; authorizing the recovery of a risk penalty in accordance with NDCC § 38-08-08 against the interest of any owner that has elected or elects not to participate in the risk and cost of drilling a well on said spacing unit and such other relief as is appropriate. Case No. 11262: Application of St. Mary Land & Expl. Co. for an order extending the boundary of the Ambrose Field to include all of Sections 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, and 33, T.163N., R.99W., Divide County, ND, and further including Sections 16 and 21; Sections 17 and 20; Sections 18 and 19; Sections 30 and 31; Sections 29 and 32; and Sections 28 and 33 as 1280acre spacing units within Zone I of the Ambrose-Bakken Pool and such other relief as is appropriate. Case No. 11263: Application of St. Mary Land & Expl. Co. for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit for the Ambrose-Bakken Pool, Sections 30 and 31, T.163N., R.99W., Divide County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-0808 and such other relief as is appropriate. Case No. 11264: Application of St. Mary Land & Expl. Co. for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit for the Ambrose-Bakken Pool, Sections 29 and 32, T.163N., R.99W., Divide County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11265: Application of St. Mary Land & Expl. Co. for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit for the Ambrose-Bakken Pool, Sections 28 and 33, T.163N., R.99W., Divide County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11266: Application of St. Mary Land & Expl. Co. for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit for the Ambrose-Bakken Pool, Sections 18 and 19, T.163N., R.99W., Divide County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-0808 and such other relief as is appropriate. Case No. 11267: Application of St. Mary Land & Expl. Co. for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit for the Ambrose-Bakken Pool, Sections 17 and 20, T.163N., R.99W., Divide County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11268: Application of St. Mary Land & Expl. Co. for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit for the Ambrose-Bakken Pool, Sections 16 and 21, T.163N., R.99W., Divide County, ND, authorizing the recovery from each non-participating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as is appropriate. Case No. 11269: Application of PDC Corp. for an order pursuant to NDAC § 43-0203-88.1 pooling all interests in a spacing unit in an unnamed Bakken Pool for the Jepsen #21-19HB, Sections 19 and 30, T.161N., R.90W., Burke County, ND, authorizing the recovery from each nonparticipating owner of a risk penalty as provided in NDCC § 38-08-08 and such other relief as may be appropriate. Case No. 11118: (Continued) Temporary spacing to develop an oil and/or gas pool discovered by the PDC Corp. #21-19HB Jepsen, NENW Section 19,T.161N., R.90W., Burke County, ND, define the field limits, and enact such special field rules as may be necessary. Case No. 11174: (Continued) Temporary spacing to develop an oil and/or gas pool discovered by the Questar Expl & Prod Co. #1-18H-150-90 MHA, NENW Section 18, T.150N., R.90W., McLean County, ND, define the field limits, and enact such special field rules as may be necessary. Signed by, John Hoeven, Governor Chairman, ND Industrial Commission 7/1 - 604224

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