$ 0000053b

BEFORE THE VIRGINIA GAS AND OIL BOARD

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 08-0318-2162

ELECTIONS: UNIT X-4(herein Subject Drilling Unit)

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sea sponte in the 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 October 1, 2008, which wasrecorded at Document ft080003927 in the Office of the Clerk of the Circuit Court of Buchanan County,Virginia, on October 16, 2008, (herein "Board Order" ) and completing the record regarding elections.

Findinas: The Board inde that:

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

The Designated Operator flled its affldavit of elections disclosing that it had mailed a true and correctcopy of the Board's Order to sfl espondents whose interests, if any, were pooled by said Board Order,

The Board Order required each cspondcnt whose 'nterests, if any, were pooled by the terms of saidBoard Order to make an election within thirty (30) days after the date of maiTing or~ asapplicable, of said Order, the affldavit of elections Sled herein and annexed hereto as Exhibit A states: (i)whether each Respondent bss made or Stfled 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 ~ts aredeemed, under the tenne of the Board's Order, to have leased all their rights, title, interests, estates sndclaims in Subject Drilling Unit to the Applicant;

Tttst the affidavit of elections annexed hereto with the Exhibits submitted therewith identifies theRespondent(s) makhg a timely election, if any; identifles the Respondent(s), if any, who are deemed tohave leased; identi6es the conflicting interests and claims which require escrow; identifie tha 'nterests andclaims, if any, tequirmg escmw under Viqpnia Code section 45.1-36121.D.; and fdcntiflcs theRespondents, if any, who may be dismissed by reason of having leased or entered into a voluntaryagreement with the Applicant.

The affidavit ofeltctions indicates whether or not the escrow of funds is required with regard to Unit X-4;

Qttifr By this Order, the Board orders the Designated Operator to tender, consistent with and inacconbmce with the fmdmgs set forth at paragraph 2. above and the annexed affidavit of elections withExhibits thereto, any fimds subject to escrow and 'nstructs thc Escrow Agent, First Bank dt Trust CompanyPO Box 3860 Kingsport, TN 37664, Attn: Debbie Davis or any successor named by tha Board to establishinterest bearing escrow account(s), 1RS Tax ldentiflcation Number 54-1629506, in accordance with theinformation set forth in the aflidavit of elections with Exhibits thereto, to receive funds and account to theBoard therefore.

Mailhut of Outer snd FiTina of Affidavit: The Designated Operator under the captioned Order or shall

file an affidavit with tbe Sccetary of the Board within ten (10) days atter the date of receipt of this Order

stating 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 withm seven (7) days &om the date of receipt of thisOrder.

Conclusion: Therefmu, tbe findings and all tenne and provisions set forth above be and hereby ategranted and IT IS SO ORDERED.

Effective Date: This Order sbtdl be eflective on the date of its execution.

DONE AND EXECUTED this ~ day of Y~, 2010, by a majority of tbeVirginia Gas and Oil Board.

Cbsirmgradley C Lambert

DONE AND PERFORMED THIS~day of I ~J"V ClAA/, 2010, by Order of the Board.

~.&c.ADuval E.Asbury, Jr.,Principal Executive to the Staff of the

STATE OF VIRGINIACOUNTY OF RUSSELL

Acknowledged on this day o LLtlJ W, 2010, pesonally before me anotary public in snd for the Commonwealth of Virginia, appeared Btbdley C. Lambert, being duly sworedid depose and say that he is Chairman of the Virginia Gss and Oil Board, and appeued David E. AsburyJr., being duly sworn did depose and say that he is Principal Executive to the Staff of the Virginia Gas andOil Board that they executed the same and were authorized to do so.I

pg~Diane J.Dave, Notatyg174394

My commission expires: Septemlm30, 2013

VIRGINIA:Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application of CNX Gas Company LLC for Forced Pooling of Interests in CBM Unit XPVGOB 084318-2162 in the Prater District ofBuchanan County, Virginia

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

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

That your affiant is employed by CNX Land Resources, Inc., as a Pooling S pervisor and is dulyauthorized to make this afffdavit on behalf ofCNX GAS COMPANY LLC, the designated operaux,

That the Order entered on October 1, 2008, by the Virginia Gas and Oil Board (hereiuaffer "Board")regarding thc captioned CBM Unit required the Applicant to mail a true and correct copy of said Order toeach person pooled by the Order,

That widun seven (7) days of receipt of an executed copy of the Order refened to at pragraph 2. above,your afffant caused a true and conect copy of said Order to be mailed via the United States Postal Serviceto each Respondent named in tbe captioned Application, whose address was known, and to all persons, ifany, who were added as Respondents at the hearing held m thc captioned matter; that proof of such mailingbas previously been tendered to the Division of Gas and Oil, the Offfce of the Gas and Oil nspector, atLebtsmn, Virginia;

That tbc Order of thc Boanl in the captioned matter tequhed ag persons pooled thereby to tender therwritten elections to the Unit Operator within thirty (30) days of the date the Order was ~ in thecounties identiffed above; that said Order was recorded on October 16, 2008;

That the designated operator CNX GAS COMPANY LLC bas established ~to review aff mailreceived snd aff written documents received other dum by mail to ascrtain whether parties whose interestshave been pooled have made a written election, in a timely hshion, as reputed by the captioncd Order;that said pmccdures were followed to identify the elections, if any, made with regard to the Subject Unitthat the following persons delivered, by mail or otherwise, written elections the Unit Operator, wi8un thcthirty day elections period:

None

That ~ts identified in Exhibit B-3 hereto are, having Sdted to make any election, deemed tohave leased their coalbcd methane rights, interests snd claims to Applicant, aff as provided in the Board'sOrder ofOctober 1, 2008;

See attached Exhibit B-3

That the rights, interests and claims of the following persons are subject to escrow under the Board'sOrder poolmg the captioned Unit, Board Reguladons and the Code of Virginia:

None

That afier the pooling hearing held in the captioned matter, the following persons have leased or enteredinto a voluntary agreement with the Designated Operator:

See attached Exhibit B-2

That to the extent any of said persons listed in Exhibit B-2 have rights, interests and claims which aresubject to escrow, they should be dismissed as respondents; the Operator requests that the followingpersons be dismissed as Respondents:

Judy Elizabeth Hagy, Shelia Miller, Ercil Cook

That the persons identified in Exhibit EE attached hereto have entered into royalty split agreements thatallow the Applicant/Designated Operator to pay them directly without the need to escrow funds whichwould otherwbw be in conflict.

None

That pursuant to the provtskms of VAC 25-160-70.A.10. and C. and VAC 25-160-80 the annexedsupplemental order sets forth the interests and claims that require escrow of funds pursuant to VirginbtCode sections 45.1-361.21.D.and 45.1-36122.A.3.and 4.

QBMMBI 0 Id W BV'BBMIM I+d y IT~,2020Ct.:.'0 iU~

Anita D. Duty

STATE OF WEST VIRGINIACOUNTY OF MERCER

en, subscnbed and sworn to before me by Anita D. Duty as a PoolintkSupervisor for CNX Lands, Inc., on behalf of the corporate Designated Operator, this~~day of

, 2010.

Notary

ttergltV PIJISUC

TY Isws saws wERE Yswx psohl wrps pRDYSED.SY als CERSrrRY ILC Nm WERE ROY SORVEYED.

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EXHIBIT AOAKWOOD FIELD

UNIT X-'4FORCE POOLING

VGOB-08-0318-2162

~~TH 0~Cospony CNX Gas Caimanv LLC Wel I Name and Nurber UN JRI 1»Tract No. E-levotion Quodron Vansant

County Buchonm 'lstiict protero in''AVID ~mThis plat is a new plat : an updated plot : or find~~

(Affix 5Form 000%0-7Rev. 9/91 Licensed Professional Engineer or Licensed Land Gur

-CNX GAS COMPANY LLCUnit X4

Tract Idarttiticntions

FMF Boyd Hehs, et al (13125acres) Coal (Exospt 34 of Widow ~andCoal Seams)

Enal Fulbs/National Energy Corlxuadou - 'Yo ofWidow Kennedy Seam and all Above CoalSeams

Island Creek Coal Corstsmy / Caasol Energy Inc. - Coal Below the Tiller 94A454 LeasedFMF Bayd Heirs, et al- Oil and Gas (97.882tyYa~)CNX Gas Compsay LLC - OB aad Gas (2.1180%~)CNX Gas~LLC- Oil, Gas sud CBM 95.5555534LeasedOcie S.Jackson- Surhce30.94Acres 38.675034

Humean Wyatt, LLC Big Axe 'B.26 (214 acies tract) All~Iabmd Creak Coal ~/Consol Energy, Inc. —Coal Below tbs Tilbrr Seam Leased.Jeweil~Coal Corporation- Coal litter Seam aad Above LeasedCNX Gss~LLC —Oil, Gas aad CBM Leased49.06Acres 613250%

2A. CNX Gas ~LLC Nurhce2E. Bvaa R Ymm, et al- Smhcs2C. LmtyA.~ Jr. stux-Surhce

Page 1 of1

2/12/2008

ExMbb $4Unit X4

Docket dt/BDB 884)3164182List of Ileegondenls to be Dlsndeeed

yrmer 81 a/Lan wrvna

(1) F.M.F.Boyd Hairs, Devlsees,Cccessors or Assb)ns, et al.

(5) Marion Rendue Boyd Hays, Dsv/sass,~or Ass/gna

(c) Lean Vera/e Bakksin Hebe, Devlsaas,~or Assb)ns

(c.8) Judy Egtabeth HagyRt.g Box 448Vansant, VA 24658

(e) Ada Nsg Bgttnar Hake, Dsvknnw,~or Assigns

(e.3) Bhaga MEer23465 Wyldwood RoadAbtngdon, VA 24211

0) Mary Boyd Cock Hebe, Dsveees,SUGoeeam or Asrdgns

0A) Ercg Cook Hake, Dtnrisses,Uccessors or Asslgrw

().4.1) Mwk CookArkaess Unknown

() 4 2) Ercg Cook, Jr.A%sess Unknown

().4.3) thstda CookAddnxrs Unknown

(1) F.M.F. Boyd Heirs, Dsvtssss,~or Assigns, et sl

(5) Mar/on Randue Boyd Hs/rs, Dsv/sate~or Assigns

(c) Lash Vende Mdw/n Hake, DsvtssesUccssscrs or Ass/gns

(c.8) Judy H/tzabeth HagyRt.2 Bcx448VsnssnL VA 24668

(s) Ade Nell BEtner Hake, Dsvisess,uocessoa or Asaigrw

(e.3) Bhaga Mlar22455 Wyldwood RoadAblngdon, VA 24211

0.03SS acres0.1157%cf30.94 acres

0.0718 acres0.2315% of 30.94acres

0.0358 acres1/864 of 30.94acres

0.0358 acres1/864 of 30.94acres

0.0358 acres1/884 of 30 94 acres

0.0358 acres0.11S7%of 30.94sees

0.0718 acne0.2315% of 30.94 acres

38.8750%

0 0447% Leased

0.0895% Leased

0.0448%

38.8750%

0.0447% Leased

Heir

Heir

Page 1 of 2 1/1 1/201 0

Exhitrlt $-2Unit X%4

Docket dr/OOB 894)3184182Ust of ftesnondenh to tre Dhrnhsed

Acres h UnitPercentof Unit

5) Mer)r Boyd Cook Hats, Gevhees,Successors or Assigns

OA) Erdl Cook Hers, Devhses,Successors or Assigns

0.4.1) Mark Cook

0.4.2) Ercil Cook, Jr.

0.4.3) Ursula Cook

0.0358 acres1/854 of 30.94acres

0.0358 acres1/884 of 30.94acres

0.0358 acres1/854 of 30.94 acres

Heir

Heir

Heir

Page2of2 1/1 1/2010

Exhibit $4Unit X4

Doclmt N/GDB 884)3144182List of Unfenced Ownmellalmenls

Percentof Unk

(1) F.M.F. Boyd Heirs, Devlsees,~or Assigns, et al.

(1) Marten Boyd Heirs, Devlsees,~or Assigns

(a) Clyde BoydP.O. Bax 403Cllnchco, VA 24226

(b) (0)by Boydc/o Clyde BoydP.O. Box 403Chlneheo, VA 24226

(5) Marten Randue Boyd Heirs, Dsvisass,Success«s or Assigns

(c) Lash Venie Satdwtn Heirs, Devlsees,Suecasscm or Assigns

(c.2) Opal Me(8e Hunt

117Rve Forks Driveorgantarm, WV 650$W025

(c.6) Laura Vlrglnls ManlerRl.2 Box 54Vansant, VA 24656

(c.7) Henry Nathan Baldwin, Jr.RL2 Box 453Vansent, VA 24856

(c.11) James Curds Baldwin1281 Bektwln Rd.Vansant, VA 24856

9) Mary Boyrl Cook Helm, Devlsees,Success«s or Ass/gns

().2) Uoyd CookRt.5 Box 535Grundy, VA 24814

8.4) Bell Cook Helm, Devlsees,ueeessos or Ass/gns (1/288)

gxk1) Mark Cook

().4.1) Ere/I Cook, Jr.Arkkess Unknown

9.4.1) Ursula CookAddress Un/crown

(0 Ardue Guy Boyd Heks, Dsvlsees,~or Assigns

(1.8) Esgl Boyd Heirs, Dsvlsees,~or Assktrw

0.2104 a«es0.680% of 30.94 a«es

0.2104 s«es0.880% of 30.94 acres

0.0358 acres0.1157%of 30.94a«es

O.N58 a«es0.1157%af 30.94acne

O.N58 acres0.1157%ef 30.94a«es

0.0358 a«es0.1157%af 30.94acres

0.1074 acres0.347% of 30.94 acres

0.0358 acres1/864 of 30.94 a«ss

0.0358 acres1/664 of 30.94 acres

0.0358 a«es1/864 of 30.94 a«es

Page 1 of 3

0.2830%

0.2630%

0.0447%

0.0447%

0.1343%

0.0448%

U pdated 1/1 1/201 0

Exhibit B4Urdt X4

Docket 6VGOB 994)31$-2182List of Unloosed Ownem/Claimants

Acnm in Unit

Percentof Unit

(1.6.1) Kalherlne Boyd116Villa LaneTaylorsvige, NC 28681

(1.11) Robert G. BoydRt.1 Box 416Vsnsant, VA 24656

Og. a GAB OWNEftBNtp

Trna/ af -aa~ saran

0.0359 acme0.116%of 30.94 acres

0.0359 acres0.116%of 30.94 acres

0.0449%

0.0449%

(1) F.M.F. Boyd Heirs, Devisees,Successors or Assigns, et al.

(1) Marion Boyd He/rs, Devisees,~or Assigns

(a) Clyde BoydP.O. Box 403Clinchco, VA 24226

(b) Kilby Boydc/o Clyde BoydP.O. Box 403Chinchco, VA 24226

(5) Merlon Rendue Boyd Heirs, Devisees,~or Assigns

(c) Lash Vemie Ba/dwin Heirs, Devisees,Succesmrs or Assigns

(c.2) Opal Matlie Hunt

117Five Forks DriveMorgsntown, VVV 26508-9025

(c.8) Laura Virginia MsnierRt.2 Box 54Vansant, VA 24656

(c.7) Henry Nathan Baldwin, Jr.Rt.2 Box 453Vansant, VA 24656

(c.8) Judy Elizabelh HagyRt.2 Box 448Vanssnt, VA 24656

(c.11) James Curlls Baldwin1261 Baldwin Rd.Vansant, VA 24656

(e) Ada Nell Stikner Heirs, Devisees,Successors or Assigns

(e.3) Shelia Miller

22455 Wyyldwood RoadAblngdon, VA 24211

(() Mary Boyd Cook Heirs, Devlsees,Successors or Assigns

30.94 acme

0.2104 acres0.680% of 30.94 acres

0.2104 acres0.680% of 30.94acres

0.0358 acres0.1157%of 30.94 acres

0.0358 acres0.1157%of 30.94acres

0.0358 acres0.1157%of 30.94 acres

0.0358 acres0.1157%of 30.94 acres

0.0358 acres0.1157%of 30.94 sacs

0.0716 acres0.2315% of 30.94 acres

38.6750%

0.2630%

0.0447%

0.0447%

0.0447%

0.0447%

0.0447%

0.0895%

Page 2 of 3 Updated 1/11/2010