120002479

VIRGINIA;

BEFORE THE VIRGINIA GAS AND OIL BOARD

IN RE:

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVCrOB l l -1220-3008

ELECTIONS: UNIT C-3 )

(herein Subject Drilling Unit)

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sua spanre in tbe form authorized by the Board athearings held on February 15, 1994 and June 16, 1992; and this Supplemental Order is being recorded forthe purpose of supplementing the Order previously in the captioned matter on January 12, 2012 which wasrecorded at Document 120000284 in the Office of the Clerk of the Circuit Court of Buchanan County,Virginia, on February 17, 2012, (herein "Board Order" ) and completing the record regarding elections.

~Fin ': The Board finds that:

The Board Order directed CNX GAS COMPANY LLC (herein "Designated Opemtur") to mail copies ofthe Board Order to all Respondents whose interests, if any, were pooled by the said Board Order,

The Designated Operator filed its affidavit of elections disclosing that it bsd mailed a true and correctcopy of the Board's Order to sll Respondents whose interests, if any, were pooled by said Board Order;

The Board Order required each Respondent whose interests, if any, were pooled by the terms of saidBoard Order to make an election within thirty (30) days after the date of mailing or recording, asapplicable, of said Order, the affidavit of elections filed herein snd annexed hereto as Exhibit A states: (i)whether each Respondent has made or failed to make a timely election; (ii) the nature of any election(s)made; and (iii) whether, by reason of a failure to elect or to timely elect one or more Respondents aredeemed, under the terms of the Board's Order, to have leased all their rights, title, interests, estates andclaims in Subject Drifiing Unit to the Applicant;

That the affidavit of elections annexed hereto with the Exhibits submitted therewith identifies theRespondent(s) making a timely election, if any; identifies the Respondent(s), if any, who are deemed tohave leased; identifies the conflicting interests and claims which require escrow; identifies the interests andclaims, if any, requbmg escmw under Virgbtia Code section 45.1-36121.D.; and identifies theRespondents, if any, who may be dismissed by reason of having leased or entered into a voluntaryagreement with the Applicant.

The affidavit of elections indicates whether or not the escrow of funds is required with regard to Unit C-33„

Qrdtvi By this Order, the Board orders the Designated Operator to tender, consistent with and in

accordance with the findings set fonb at paragraph 2. above and the annexed aifidavit of elections withExhibits thereto, any funds subject to escrow and instructs the Escrow Agent, First Bank k. Tnist Company311 E. Valley Drive, Bristol, YA 24201, Attn: Debbi Davis or any successor named by the Board toestablish interest bearing escrow account(s), IRS Tax Identification Number 54-1629506, in accordancewith the information set forth in the affidavit of elections with Exhibits thereto, to receive funds andaccount to the Board therefom.

Mailina of Order and Filins of Afiidavit. The Designated Operator under the captioned Order or shallfile an affidavit with the Secretary of the Board within ten (10) days after the date of receipt of this Orderstating that a true and correct copy of this Order was mailed to each Respondent whose interests or claimsare subject to escrow and whose address is known within seven (7) days &om the date of receipt of thisOrder.

Conclusion: Therefore, the findings and all terms and provisions set forth above be and hereby aregranted and IT IS SO ORDERED.

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

DONE AND EXECUTED this ~ day o~~~, 2012, by a majority of theVirginia Gas and Oil Board.

P. ~Chairman, Brddiey C, Lambert(

DONE AND PERFORMED THIS ~Ay of Q rxursu tgj,2012, by Order of the Board.V

Principal Executive to the Staff of the Board

STATE OF VIRGINIACOUNTY OF RUSSELL

76Acknowledged on thiQ~ day of ~~+,2012, personally before me a

notary public in and for the Commonwealth of Virginia, aifjreared Bradley C. Lambert, being duly sworndid depose and say that he is Chmrman of the Virginia Gas and Oil Board, and appeared Rick Cooper,being duly sworn did depose and say that he is Principal Executive to the Stall'of the Virginia Gas and OilBoard that they executed the same and were authorized to do so.

Diane J. Davis, Nouvf174394

My commission expires: September 30, 2013

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VIRGINIA:

IN RE:

Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application of CNX Gas Company LLC for Forced Pooling of Interests in Uiut C-33VGOB 11-1220-3001( in the Crarden Distnct of Buchanan Coun y, Virginia

AFFIDAVIT OF CNX GAS COMPANY LLC (herein "Designated Operator" ) REGARDINGFLECTIONS, ESCROW AND SUPPLEMENTAL ORDER

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

That your affiant is employed by CNX Land Resources, Inc., as a Pooling Supervisor and is dulyauthorized to make this a(%davit on behalf of CNX GAS COMPANY LLC, the designated operator,

That the Order entered on January 12, 2012, by the Virginia Gas and Oil Board (hereinafter "Board")regarding the captioned CBM Unit required the Applicant to mail a true and correct copy of said Order toeach person 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 affiant caused a true and correct copy of said Order to be mailed via the United States Possal Serviceto each Respondent named in the captioned Application, whose address was known, and to all persons, ifany, who were added as Respondents at the hearing held in the captioned matter; that proof of such mailinghas previously been tendered to the Division of Gas and Oil, the Office of the Gas and Oil Inspector, atLebanon, Virginia;

That the Order of the Board in the captioned matter required all persons pooled thereby to tender theirwritten elections to the Unit Operator within thirty (30) days of the date the Order was recorded in thecounties identified above; that said Order was recorded on Febniary 17, 2012;

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 interestshave been pooled have made a written election, in a timely fashion, as required by the captioned Order,that said procedures were followed to idenufy the elections, if any, made with regard to the Subject Unit;that the following persons delivered, by mail or otherwise, written elections the Unit Operator, wit)un thethirty day elections pniod:

Carried Operator (Option R3)- Derek Browning Rogers, Shaun Rogers, Gregory Poulos,Jason Poulos and Pamela Poulos

That respondents identified in Exhibit 8-3 hereto are, having failed to make any election, deemed tohave leased their coalbed methane rights, interests and claims to Applicant, all as provided in the Board'sOrder of .Ianuary 12, 20!2;

See attached Exhibit B-3

That the nghts, interests and claims of'he following persons are subject to escrow under the Board'sOrder pooling 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 enteredinto a voluntruy agreement with the Designated Operator.

None

That to the extent any of said persons listed m Exhibit B-2 have rights, interests and claims which aresubject to escrow, they should be dismissed as respondents; the Operasw requests that the followingpersons be d'smissed as Resibondents:

None

That tbe persons identiSed in Exhtlrit EE attached hereto have entered into royalty split agreements thatallow the ApplicautfDmignated Operator to pay them directly without the need to escrow funds whichwould atherwm be in conflict.

None

That pursuant to the provisions of VAC 25-160-70A.IO. snd C. and VAC 25-160-80 the annexedsupplemental order sets forth the interests and claims that require escrow of funds pursuant to VirginiaCode sections 45.1-361.21.D.and 45.1-36122.A.3.snd 4.

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STATE OF WEST VIRGINIACOUNTY OF MERCER

Taken, subscribed and sworn to before me by Anita D. Duty as a Pooling S pervisor JpirCNX Land

s; Inc m on behalf of the coporate ~ Operator, this ~ day of, 2012.

Nonuy

I1,.be 'm oF I 'AL SEALNO pc nv PUBLIC

OLD.FIELD WM 24101My Cbmmiem br eXPireS DeCember 4. 20ls 01

Erthlbk EUnit C43

Doslwl N%OB 11422630IBLiat of Congkdnp Dwnets/Clsimsnle that maulnr escrow

acres In Unk

Only tie o/LBR Holdings, LLc interest sffouid oe sscrowed due to confficting CBN claim.

(1) LBR Holdings, LLC

/30 20 acre trent)

P.O. Box 22427lxslngln, KY 40522-2427

DIL 8 Gan DWNERSI8P

24.39 acres

6.10 acresI/4 of 24.39muss

30.4875%

7 6219%

(1) LBR Hokllngs, LLC, el al.(30.20acre trsct)

(b) T.G. Rogers, gl

301~ Shagonl Lerwbhrghaws, NC 28104

(c) Derek Bmwning Rogms2300 Cannel RoadCtmrkNO, NC 28228

(d) nrnrm Rages139Nlckham RondGwden Cgy, NY 11530

(e) Shaun Rages121 NE 100th SeemIbemi Shonss, FL 33128

(I) Gmgory Pmdos1884 Gumwood SL NEPalm Bay, FL 32907-2423

(8) «rson Poulos10870 SW 9$h SkeetMiami, FL 33178

(h) Pamam Pouios6000 SW 63nl Slnmlafurmi, FL 331434510

24.39 acres

0.7S amesI/32 or 24.3e ac

0.78 sweeI/32 of 24.39acne

0.78 acresIi32 of 24.39acres

0.76 saneI/32 of 34,39 snmr

1.02 ames1/24 of 24.39 acres

1.02 sonsI/24 of 24.38 sass

1.02 sacs1/24 of 24.39acres

0.9527%

0.9527%

0.9527%

1.2703%

INSTRUNENT 5120002479RECORDED IN THE CLERK'S OFFICE OF

BUCHANAN COUNTY ON

OCTOBER 261 2012 AT 02:32PN

BEVERLY S. TILLERI CLERKRECORDED BY: ICB

Page 1 of I 11/11/11

Haav, Sharon (DNNE)

From:Sent:To:Subject:

VITASHARE System [vitashare@vita.virginia.gov]Thursday, November 29, 2012 10:21AM

Hagy, Sharon (DMME)New Transaction 48MDYNGGVTK48VSY-0002

Transaction details for Sharon Hagy(user shagy 1)

3ob Id: 4BMDYNGGV7K46VBY-8882

Date: Thu, Nov 29, at 18:21

Transaction Details:

Acknowledge Security Policy: I understand that this system is not intended for sensitivedata.Recipient's Email example- user1avirrtinia.aov, user2&virrtinia.rrov:

AnitaDutvaconsolenerav. com, rrloria. clark&dssne. virainia. aov,hi 1a revmullin sac onsolenerav.

corn

Message - Describe file attachment: Please see the recorded orders for the followingdockets: 8781-83 1184 1334-82 1368 1587 1694 2988 3888 Let me know if you are unable todownload the files. Thank you, SharonNotify me when the file is downloaded?: YesPin: 184191

Files:8781-83 Supplemental. tif1184 Supplemental-Amended. tif1334-82 Supplemental. tif1368 Supplemental-Amended. tif1387 Supplemental-Original. t if ting j1694 Supplemental-original.tif W772988 Supplemental-Original. tif )/7 lP~Saaat,jtrpplementa1-original. t if

View details here<htto://vitashare.vita.virrtinia.rtov/fcweb/view3obLink.do?30BIDX 4BMDYNGGV7K46VBY>

Total Estimated File Size: 4639 KB

Total Number of Files: 8Estimated Upload Time: 88:81:59

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Ttnat IdentMomtlans

c.L RM»r Lamber company Tr, 20 ENl TTAore Traag-AN Mlnemhisland Creek Coal Compsnytgonsol Energy, Ino. -Coal Selaw TMer geom LeasedJsweg Smahshss Coal Cmparalhn- Coal h ltger Sewn and Above LoosedHaul Roak lhalomgon snd Cater ON SOas ON aad Oaa LeasedCNX Seo Campany IlC CSM Leased00.0Tswee dgS000%

1A. Nod IL Lovotk et ux -Stnfaoe1IL Nobby Jwm Ham - Surhae1C. Jesse Lee Kern -Surhae

LSR Hakgnys, llC (1000.0TAar» Treat) -AN Coallshml Cmek Coef Companyeonsol Energy, la+- Coal Sehw Jawbone Seem LeasedResorva Oosl yroparges Company-P4 Ssmn SubloasdJeweg Smokehee Cast Cortnnallon- Cool h Jwsbono Seem aml Abov» LeasedLSR Hokgnge, LLC-Og aad OeoSOT Pmduegon ~-ON and Oas LeasedCNX Sea Company LLC- CSM Leased (Oeomet Farmout)aggeeres 11JM00%

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Ned IL Lavalt, et ux- SurtkoeSuknmm Surhoe OwnerNobby Jean Ikun - SuHisoeJesse Lee Hom- SurhceTnnaan*Mullas, et ux- Smhae

LSR Hokgnye, LLC {30S0Aors Tmot)-AN Coallslaml Cr»sk Coal CampmgdConsol Eneray, bus -Coal Behw Jawbone Seem LeasedResmve Coal~Company- P4 Seam SubleasedJaweg sudsshas Coal CarymMion-Coal h Jawbone Noma end Above LeasedLSR Hakthgs, LLC, et st-Og amt OsoNOT Fnnkxdkm Company-ON and Oas Leased (yg%)CNX Oem Company LLC-CSM Lemmd (oemnst Farmout) pg%)Sobby Jean Hom -SurhaeNL00 ames 00ANT5%

4. C.L Ritter Lmnber Company Tr. 00 (dags Aw» Treat) —ANMheralslskmd Creak Caal CosmpanylConeol Energy, Ina-Coal Sekwr TMsr Seam LeasedJeweN Snundose Coal Connxathn-Coal In Tgler Seem aad Above LeasedHmd Rook Ihplaragan and Carter ON SOss -og snd Oas LeasedCNX Oas Comyany LLC «CSM LeasedSMy Joo Kegy-SurkweSgg norse 1~%

"llds title ILiact is 1»r general inforaetioasl purposes only and does not reflect an analysisof the severwwe deed snd its effect upon cael bsd eetksme aumerslLtp snd should not be reliedupon for such purpose."

Page 1of 1Novemtns 0, gtrlt

Erhlbit 8-3Unit C-33

Docket ¹I/GOB 11-1220-3008Liat of Unleased Owners/Claimants

Acres in UnitPercent of

Unit Election

II. OIL 8 GAS OWNERBHIP

Tract ¹3.24.39Acres

(1) LBR Holdings, LLC, et aL

(30 20 acre iree/)

24.39 acres 30.4875%

(b) T.G. Rogers, gi

3014 Shalford LaneMatthews, NC 28104

0.76 acres1/32 of 24.39 acres

0.9527% Deemed Leased

(c) Derek Browning Rogers2300 Carmel RoadCharlotte. NC 28226

0 78 acres1/32 of 24.39 acres

0.9527% Carrred Opera/or

(d) Kevin Rogers139Wickhem RoadGarden City, NY 11530

(e) Shsun Rogers121 NE 100th StreetMiami Shores, FL 33128

0.76 acresI/32 of 24.39 acres

0.76 acres1/32 of 24.39 acres

0.9527% Deemed Leased

0.9527% Carried Operator

(f) Gregory Pouloa1894 Glenwood St. NEPalm Bay, FL 32907-2423

(g) Jason Pouloa10870 SW 95th StreetMiami, FL 33178

(h) Pamela Pouloa5000 SW 83rd StreetMiami, FL 33143-8510

1.02 acres1/24 of 24.39 scree

1.02 scree1/24 of 24.39 scree

1.02 scree1/24 of 24.39acres

1.2703% Cam'sd Opere/or

1.2703% Carried Opera/or

1.2703% Carried Operator

Page 1 of 1 Updated 3/30/2012