BEFORE THE VIRGINIA GAS AND OIL BOARD

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 050621-1460

~ONS: UNIT BE110(herein "Subject Driiling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by thc Boanl sus syionle in the form authorized by the Board athearings held on February 15, 1994 and rune 16, 1992; and this Supplemental Order is being recorded forthe purpose of supplementing thc Order previously in the captioned matter on February 2, 2006 which was

recorded at Deed Book 647, Page 388 in the Olfice of the Clerk of the Circuit Court of Russell County,Virgbus, on February 7, 2006, (herein "Board Grdce) and completing the record regsnhng elections.

Findinss: Thc Board finds that:

Thc Board Order directed CNX GAS COMPANY LLC (herein "Designated Operator" )to mail copies of theBoard Order to all Respondents whose interests, if any, were pooled by the said Board Order;

The Designated Operator filed its atTidavit ofelections disclosing that it had mailed a true snd correct copyof thc Bosnys Order to all Respondents whose interests, if any, were pooled by said Board Order;

The Boanl Chider reqtdred each Respondent whose interests, if'any, were pooledbythe tern='tstdOrder to make an election within thirty(30) days after the date ofmaiTing or ecordinn as spptieabguef stddOrder; the afmavit of elections filed herein and annexed hereto as Exhibit A states: (i) whether eachRespondent 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 are deemed, under thetenne ofthc Boanl's order, to have leased all their rights, title, interests, estates and daims in Subject DriigngUnit to the Applicant;

That the atfldavit of elections annexed hereto with the Exhibits submitted therewith identifies theRcspondcnt(s) matdng a timely election, if any; identifies thc Respondent(s), if any, who arc deemed to haveleased; identifies the

conflicting

interest and claims which require escrow; identifies the htnausssmtdatams,if any, requiring escrow under Virginia Code section 45.1-36L213X;and identifies the R~ifany,who may be dismissed by reason ofhaving leased or cntercd into a voluntary sgrccmcnt with the Apphcsnt.

The affidavit ol'elections indicates whether or not the escrow of lbnds is required with regard to Unit BF110;

Order: 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 affidavit of elections withExhibits thereto, any funds subject to escmw and 'nstructs the Escmw Agent,Wschovia Bsnlr,~TrustPA1 328,123 Broad Street, Philadelphia, PA 191091199,Attn: Rachel Raffert or any uceessor named bytheBoard to establish interest bearing escrow account(s), IRS Tsx Identification Number 54-1629506, inaccordance with the information set forth in the affidavit ofelections with Exhibits thereto, to receive fundsand account to the Board therefore.

6" """-0r 'gMaiTina ofOrder and Filius ofAffidavit: The Designated Operator under the captioned Order or shall ftte

an 06idavit with the Secretarjr of the Board within ten (10)days alter the date of receipt of this Order statingthat a true and correct copy of this Order was mailed to each Respondent whose interests or claims aresubject to escrow and whose address is known within seven seven (7)days from the date of receipt of thisOrder.

Condusion: 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.

DONEAND EXECUTED this ~day of A4$M,2006, by a majority oftheVtrghtiaGas and Oil Board. /

~R.WamylErSl'ATE OF VIRGINIACOUNTY OF r

Aclmowledged on this Jg day of f~/ 8,2006, personally before me a notary publicin snd for the Commonwealth ofVirginia, appearp6 Benny R.Wampler, being duly sworn did depose and say

that he is Chairman of the Virginia Gas and Oil Board, that he executed the same and was authorized to do.. a~My commission expires: PJ~/~

6'ONE

AND PERFORMED THIS~day of

P'otarjr

CZP&i I,2006, by Order of the Board./

~el~mwB.R.WBson,Principal Executive to the Board

STATE OF VIRGINIACOUNTY OF WASHINGTON

Acknowledged on this J P day of ~~4,2006, personahy before me a notarypublic in and for the Commonwealth ofVirginia,appeared B.R.Wilson, being duly sworn did depose andsay that he is Director of the Division of Gas gk Oil Board and Principal Executive to the Board, that heexecuted the same and was authorized to do so.

My commission expires: 9J~J/>Cy'iane J.Davis, Ig6tary

Ob01334

Odghslretumedmhda»torT). RQVI

VIRBgelk IN THE OFRCE OF ME CLERK OF ME CIRCUIT COURT OF RUSSELL COUNTY, 0 25,2000. deed»as Ibh daypresenhd h said ollhs, and upon Ihe csrsgcah of admoaledgmenl e»reto ann»»d, admitted to record at~ o'lock gM, aftm payment of

tax Imposed by Sec.Ss.i@02.

Byrd as» L ..cPnesrPi r fV 0 CLERK

U U

VIRGINIA:Exbibit A

BEPORE THE VIRGINIA GAS AND OII. BOARD

Application of CNX Gas Company LLC for Forced Pooling of Interests in CBM Unit BE-110VGOB 0&0621-1460 in thc New Garden District of Russell County, Virginia

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

Leslie K.Arrington, being first duly sworn on oath, deposes and says:

That your alBant is employed by CNX Gas Company LLC, as a Manager —Environmental / Permittingand is duly authorized to make this affidavit on behalf of CNX GAS COMPANY LLC, the designatedoperator,

That the Order entered on February 2, 2006, 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 thc Order;

That within seven (7) days of receipt of an executed copy of the Order referred to at paragraph 2. above,your alfiant caused a true and correct copy of said Order to be mailed via the United States Postal Service toeach Respondent named in the captioned Application, whose address was known, and to all persons, if any,who were added as Respondents at the hearing held in the captioned matter; that proof of such maiTing haspreviously been tendered to the Division ofGas and Oil, the Office of the Gas and OB Inspector, at Abingdon,Virginia;

That the Order of the Board in the csptioncd 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 February 7, 2006;

That thc 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; thataud procedures were followed to identity 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:

Fred B.Gent, H (Joint Operating Agrccment)

That all of the Respondents identified in Exhibit B-3 hereto have entered into voluntary agreementswhereby they have leased and/or otherwisc agrccd with Applicant to a plan to develop their interests andclaims within the unit to CBM. Hence, said unit may be voluntarily pooled.

See attached Exhibit B-2 and B-3 (Unit is 100%under Lease and/or Agreement).

That in light of the Agreement(s) described above, it is no longer necessary for the Board to maintain anescrow account/sub accounts pertaining to the above reierenced CBM Unit, if applicable.

That pursuant to the provisions of VAC 25-160-70%.10. and C. and VAC 25-1604l0 the annexedsupplemental order sets forth the interests and claims that require escrow of ttmds pursuant to Virghtia Codesections 45.1-361213Ksnd 45.1-36L22A.3.and 4.

Dated at Tazewell, Virginia, this ~day of IVV//L-r

Leslie K.Amngton JTaken, subscribed and sworn to before me by Leslie K. Arrington as a Manager —Envir~cntal /

Permitting for CNX Gas Company LLC, on behalf of the corporate Designated Operator, this Q day of4 mphil.,2006.

Notary

My commission expires: cd% 4, 4%

PROPERTY LOKS SNDWN WERE TNKN PRDN NOPE PRDVEKD9'/ CNX 1.4IC RESDIICEIS, IOO. Ne WERE NDT SDRVEYED.

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i58.74 ACRE UNIT LI

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N 291.145.9E 984,851.13

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N 292,744.71E 984,908.55

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EXHIBIT A

MIDDLE RIDGE 1 FIELDUNIT BE-110

FORCE POOLINGVGOB-05-0621-Ioi60

O/4P

Cospony CNX Gas CIRIPanv LLC

QuadrElevationW/ +AhRussell District W ISNew Gls den Scale: = 400 Date cS//W

This plat is 0 new plat X : an updated plat ga final pl&M95S

Il

,„.„o go, ~~ M /0 /77 so. (Alga'g,Rev 9/91 Licensed Professional Engineer cr Licensed Land Surveee~SEA>

.PoOO POOOOOWOIIOOOOL.RP OWIOOIONI 1lkOONO ON

B00,( Bgg ','tl(@') ~gy;.: g3CNX Gas Company LLC

Ij(NT 86110Treat IdanSSceNons

(fr0.74 Acre ()nnt)

1. C.H. Qsnt Jr. et al (147 Acnr Tract) -FssCSX Qes Comaany LLC-ON, Gas 4 CSS (2)3 Leased)

30.04acme 02A072%

2. Bhel FuNsr Hebe -(17'cm Tract} - FesCIIX Qas Comsat ILC -ON, Qae aml CON LeasedHendd Keen Coal Co. Inc., - Coal Leased SSS Fork 0 Kennedy Seams)

NAN acres 11.0310%

Ihekhorn Coal~(140Asm Tract}- Coal, ONQlkmerVS Ccal PI~wrac Cmanrury —SehrW Drahraae Ccel LeasedKnos Creek Coal Crier ~-Ahorm ~Coal LeasedCHX Qas ComNsny LLC-ON, Qae 4 CSW Leased

3A. Naml FuNsr Hebe or Lash Combs Hebe - Surface2AN acme 38000%

3S. Unknown or Lssb Combs Helm -Surlace1W acme 2.1020%

3C. Qsnt S.=~ —et al - Surface3A3 acres NA707%

4. Nuekhom Coal CornFeny Tr. 14 gN.P. Compinn 201.01Acre Tract) -Coal, 04GRaasrrs Coal P.-~CmnFsrry- cheer DmhmNs Coal LeasedKnau Creek Deaf C r ~ Ahmrs ~~Coal LeasedCHX arm ~i LLC-ON, Qae 4 CN)NI'Leased

4A. Gent Srderlxfsee et at - Surface2.13acme 3A201%

4S. QNt Se~yemm et rd Surface1A3 acres 2A344%

Gent N-r ~ (147Aors Tract) - Fee

CISI Qas~LLC -OIL Qas 4 CSN LeasedH.C. Seeds 4 RA. Seaas —Coul Loaned (UNNer Sanner 4Stdow Kennedy Seams)

Xse Cord Co. krc.- Coal Leased (INS Fork 4 Kermedy assam)4.00 acres L1710%

May 10, 2000

Exhlbb 84Unit SE-118

Oocbat SVGOS 864)62'-"LSt of fteefondente to ba prefaced

(66.74Acre Unit)

I. COAL FEE MIMERStNP

Treat Sf.38J)4 acres

(1) C. H. Gent, Jr., et el.

(147 Acre Tore/)

(c) Fred 8. Gent, 818159 Lee Hiphwey

AbinPdon, VA 24210-7861

N. ON. 8 GAS FEE OWSEftSIEP

12.31 acres1/3 of 36.94 scree

20.9624% Jrdnt Operepnppreement

(1) C. H. Gent, Jr., stol.(147Acre Tree/)

(c) Fred B. Gent, II

18159Lee HIPhwe7

Abbrpdon, VA 24210-7961

12.31 acres1/3 of 36.94scree

20.9624% Joint Ooeradnppreement

Pape 1 of 1

Extntnt 84Unit SE-110

Ooonet N%08 0041021-1400ust of Unlaased OwnesstCtahnants

(00.74Aors Unitl

l3uFE 4 g

77ds unit ls 100% Leased andfor has an 4yreemenr in parce.

Psge1 of 1 Rev. 4/1 1l06