VIRGINIA: 09OOC3651

BEFORE THE VIRGINIA GAS AND OIL BOARD

IN RE:

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 07-0515-1929

ELECTIONS: UNIT DD-10(herein Subject Drilling Unit)

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sua spaure in the form authorized by the Board at hearingsheld on February 15, 1994and June 16, 1992; and this Supplemental Order is being recorded for the purpose ofsupplementing the Order previously in the captioned matter on January 15, 2008 which was recorded atDocmnentn80000276 in the Oflice ofthe Clerk ofthe Circuit Comt ofBuchanan County, Virginia, on January23, 2008, ttherein "Board Order" ) and completing the record regarding elections.

Findinns: The Board finds that:

making a timely election, if sny; identifies the Respondent(s), if sny, who are deemed to havees the conflicting interests and claims which require escrow; identifies the intemsts and chums, ifescrow under Virginia Code section 45.1-361.21.D.;and identifies the Respondents, ifany, whosed by reason ofhaving leased or entered into a voluntary agreement with the Applicant.'t ofelections indicates whether or not the escrow offimds is required with regard to Unit DD-10;

Respondent(s)leased; identifiany, reqmrjngmaybe dfsttds

The afBdavt

The Board Order dimcted CNX GAS COMPANY LLC (herein "Designated ~') to tmdi copies oftheBoard Order to all Respondents whose interests, if any, were pooled by the said Board Order;

IIte DeJignated Operator filed its affidavit ofelections disclosing that it had mailed a true and correct copyof the Bostd's Order to all Respondents whose interests, if sny, were pooled by said Board Order;

'The Board Order required each Respondent whose interests, if any, were pooled by the tenne ofsaid BoardOrder to njske an election within thirty (30) days after the date ofmaiTing or recording, ss applicable, of saidOrder; thei affidavit of elections filed herein and annexed hereto as Exhibit A states: (i) whether eachRespondmit has made or fidied to make a timely election; (ii) the nature of sny election(s) made; and (iii)whether, by reason ofa failure to elect or to timely elect one or more Respondents are deemed, under the termsofthe Boned's Order, to have leased all their rights, title, 'nterests, estates and claims in Subject Drilling Unit tothe Applicgnt;

That the sffidavit of elections annexed hereto with the Exhibits submitted therewith identifles the

gnlgi: By this Order, the Board orders the Designated Operator to tender, consistent with and inaccordance with the fmdings set forth at paragraph 2. above and the annexed affidavrt ofelections with Exhfi>itsthereto, any fimds subject to escrow and instructs the Escrow Agent, Wachovia Bank, N.A., VA7515, P.O.Box14061, Roanoke, VA 24038, Attn: Derrick Dewalt or any successor named by the Board to establish interestbearing esdrow account(s), IRS Tax Identificstion Number 54-1629506, in accords with the information setforth in thd affidavit of elections with Exhibits thereto, to receive funds and account to the Board therefore.

Mailina ofOrder and FiTum ofAffidavit: The Designated Operator under the captioned Order or shall file analfidavit with the Secretary ofthe Board within ten (10)days after the date ofreceipt ofthis Order stating thatstrue and cpnect copy of this Order was mailed to each Respondent whose interests or claims are subject toescrow and whose address is known within seven (7) days &om the date of receipt of this Order.

Conclusiom Therefore, the findings and all terms and provisions set forth above be and hereby are grantedand IT IS 80 ORDERED.

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

DONE AND EXECUTED this~ day of Mi,2009, by a majority ofthe VirghuaGas and Gil Board.

+ey C. Lknbert

DONE AND PERFORMED THIS ~y of A/zp Vi, 2009, by Order of the Board.David E.AsSy, Jr.,Principal Executive to the

STATE OF VIRGINIACOUNTY'OF IsuvGTuN-

4t4.ScullAcknowledged on this Z-7 day of /7/Am~~009, personally before me anotary

public in and for the Commonwealth ofVirginia, appeared Bradley C. Lambert, being duly sworn did deposeand say fiutt he is~of the Virginia Gas and Oil Board, and appeared David E.Asbury Jr., being dulysworn did and say that he is Principal Executive to the Staff ofthe Virginia Gas and Oil Board that theyexecuted the same and were authorized to do so.

~e J. Davis',Notary <174394

My commission expires: September 30, 209%15

VIRGIM~A:

Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application of CNX Gas Company LLC for Forced Pooling of Interests in CBM Unit DD-10VGOB 07%515-1929in the Hurricane District of Buchanan County, Virginia

AFFIDAVIT OF CNX GAS COMPANY LLC (herein ADesignated Operator) REGARDING ELECTIONS,ESCROW AND SUPPLEMENTAL ORDER

Anita D. Duty, being first duly sworn on oath, deposes and says:

That your affiant is employed by CNX Gas Company LLC, as a Pooling Supervisor and is dulyauthorized to make this affidavit on behalf of CNX GAS COMPANY LLC, the designated operator,

That the Order entered on January 15, 2008, by the Virginia Gas and Oil Board (hereinafier "Board")regarding the captioned CBM Unit required the Applicant to mail a true and correct copy of said Order toeach persan pooled by the Order;

That within seven (7) days of receipt of an executed copy of the Order referred to at paragraph 2. above,your affiadt caused a true and correct copy of said Order to be mailed via the United States Postal Service toeach Resptmdent named in the captioned Application, whose address was known, and to all persons, ifany, whewere added as espondents at the hearing held in the captioned matter; that proof of such mailing hasprevious/been tendered to the Division ofGas and Oil, the Oflice of the Gas and Oil Inspector, at Abingdon,Virgiinia;

That tbe Order of the Board in the captioned matter required all persons pooled thereby to tender theirwritten eleptions to the Unit Operator within thirty (30)days ofthe date the Order was recorded in the countiesidentified kbove; that said Order was recorded on January 23, 2008;

That the designated operator CNX GAS COMPANY LLC has established procedures to review all mailreceived and all written documents received other than by mail to ascertain whether parties whose 'nterests havebeen poohid have made a written election, in a timely fiehion, as required by the captioned Order; that said~were followed to identify the elections, if any, made with regard to the Subject Unit; that thefollowing persons delivered, by mail or otherwise, written elections the Unit Operator, within the thirty dayelections period:

None

That Respondents identified in Exhibit B-3 hereto are, having fidled to make any election, deemed to haveleased theb coalbed methane rights, interests and claims to Applicant, all as provided in the Board's Order ofJanuary 15s 2008;

See attached Exhibit B-3

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

None

That after the pooling hearing held in the captioned matter, the following persons have leased or entered intoa voluntary agreement with the Designated Operator:

None

That to tbe extent any ofsaid persons listed in Exhibit B-2 have rights, interests 2nd claims which are subjectto escrow„ they should be dismissed as respondents; the Operator requests that the following persons bedismissed as espondents:

None

That the persons identified in Exhibit EE attached hereto have entered into royalty split agreements that allowthe Applidant/Designated Operator to pay them directly without the need to escrow funds which wouldotherwise be in conflict.

None

That pursuant to the provisions of VAC 25-160-70.A.10. and C. Snd VAC 25-160-80 the annexedsupplemenltal order sets forth the interests and claims that require escrow of funds pursuant to Virgmia Codesections 45.1-361.21.D.and 45.1-361.22.A.3.and 4.

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Cl.:.V iQ

STATE OF WEST VIRGINlACOUNTY OF MERCER

Taken, subscribed and sworn to before me by Anita D. Duty as a Pooling Supervisor for CNX Gas Company

LLC, on bdhalf of the corporate Designated Operator, this Plh day of ~b4r, 2009.Notary

My commission expires: Ag300'I l 9 MAI

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Tract IdentNcaSons

I(enface —WgatL LLC Blg Axe Tr. 53 (281.25Acre Tract) —All NhurralslslsniI Cnrek Ciiel Compsriy@onsol Ensr57, Inc. - Coal Sekiw TS(er Coal LeasedJews8 Smoheless Coal CorlnnaSon -1%sr and Above Coal LeasedCNt Qss Cosepsny LLC - Oll, Qae and CBN LeasedBL55 acres 307878%

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ACN, LLC (135Acre Tmct) -All Nknsnh except 05 and QasAlpha Land snd Rtesenree LLC -AS Coal LeasedPfns~OS a Qa, tnc.-o8~ ePine Nounhdn OS 8 Qas, IncJ5hluhahte Hssourcee Exploration -OS and Qas LeasetlUnlmown Surface Owner1JI7acres 1.5C$%

, Harrlson~stL LLC BISAxe Tr. 15 (1055Aero Tract) —A8 Nlnsmlekdand Creek Coal ~/Consol EnerSy, Inc. -Bekrw Dralnaye Coal LeasedJews5 Smokeless Coal Company - Ahoee BmlnaSe Coal Leased

, CNX Qea Company LLC-08, Qas and CBN Leased53M acres . 5726M%

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Page 1 of1Apr8 0, 2007

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