BEFORE THE VIRGINIA GAS AND OIL BOARD

IN RE:

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 05-1!018-1505

ELECTIIDNB: UNIT BB-134(herein Subject Drilling Unit)

TAK MAP IDENTIFICATION NUMBERS:Tax map idcciflflcation numbers for afl parcels affected by this order sre shown on Exhibit marked "TractIdentificsttons" which is attached to and a part of this order.

REPORT OF BOARD

FINDINGS AND ORDER

15, 1994 snd June 16, 1992; and this Supplemental Order is being recorded formooting the. Order previously in the aptioned matter on February 2, 2006 which was

k 963, Page 14 in the Oflice of the Clerk of the Circuit Court of Tazewefl County,7, 2006, (herein "Board Ordain) and completmg the record regarding elections.

hearings hbld qn Februarythe pucpcxts of!supplerecorded ttt D'ued BooVirginia, dn Fcgnuaty

Findhutc: The Board flnds that:

This Supplemental Order is entered by the Board sea sponte in the form authorized by the Board at

copy of Bobrd's

Board Orget to mak'd

deemed, u)tdtst

R~s) Imskmghave Iesscg; idenn

Respcnde4ts, ff

BB-134;

directed CNX GAS COMPANY LLC (herein "Designated Operator" ) to mail copies ofafl~ts whose interests, if any, were pooled by the said Board Order;Operator flled its affidavi of elections disclosing that it hsd mailed a uue and concctOrder to afl ~ts whose Interests, if any, were pooled by said Board Order,

mquired each Respondent whose interests, if any, ware pooled by tbe terms of saide an election within thhty (30) days afler tbe date of maiTmg or~ as

Order, the affldavit of elections ffled herein snd annexed hereto as Exhibit A states: (i)t has made or gtfled to make a timely election; (ii) the nature of any elcctkm(s)

whether, by reason of a fldlure to elect cr to timely elect one or more Rmpondents srethe terms of the Board's Order, to have leased afl their rights, title, interests, estates and

DrBling Unit to the Applicant;vit of elections annexed hereto wkh the Exlubits submitted therewith 'dentifles the

a timely ebcction, if any; identifles the Respondent(s), if any, who are deemed to'fles tbe conigctmg interests and claims which require escrow; idnatifles the mtcscsts andcquiring escrow under Virginia Code secticm 45.1-361.21.D.; and identifles the

any, who may be dismissed by reason of having leased or entered into a vohmtsrythe Applicant.t of ebsctions indicates whether or not tbe escmw of funds is tequhud with regard to Unit

QJIgn By!this Order, tbe Boanl orders the Designated Operator to tender, consistent with and inacccrdmcq wkh the flndings set forth st pragrapb 2. above snd the annexed affldavit ofelections withMubits, sny funds subject to escrow snd hstructs thc Escrow Agent, First Bank dt Trust CompanyPO Box 3860 gingsport, TN 37664, Attn: Debbie Davis or sny successor named by tbe Board to estabflshinterest bebrktg escmw account(s), IRS Tax Identiflcstion Number 54-1629506, in acconhmce with the

5 I ISQI%041C

information set forth in the affidavit of elections with Exbibns thereto, to receive fimds and accoum to tbeBomd tbtheSee.

Mettine nf Oeaer and Filina of AShhndt The Designated Operate under the aaptkned Order or shall fflean aBhhkb tabb the ecaretary of tbe Board within ten (10) days ager the date of receipt of Sds (hderstetmg tilt a true and conect copy of this Order was maQed to each Respondent whose bntsests or claimsare subtect to escrow end whose ahhess is hnown wlddn seven (7) days Som tbe date of reoeipt of thisOrder.

Conchnian. hereibre, the ffndings and all tenne and provisions set forth above be and hereby aregranted abd'Iif IS SO ORDERED.

Effecdve Date: This Order shall be effecdve on tbe date of its execution.

EQNE AND EXECUTED this ~/ day ofma]oritJJ of the Virginia Gas and Oil Board. Q

2011, by a

c'. MDONE AND PERFORMED this ~ day of 542L&

Order of hhe Board.2011, by

Rick Cooper(Acting) Principal Executive to theStaff, Virginia Gas and Oil Board

STATE GF VIRGINIACOUNTy OF RUSSELL

il IA I dg d h'+d y i PIASf 2011,personally before me a notary public iQ+d fof the Commonwealth ofVirginia, appeared Bradley C. Lambert, +ing duly sworn did depose andsay thmt he is Chairman of the Virginia Gas and Oil Board, and appearedRick Cooper, heing duly sworn did depose and say that he is Actingprincipal Executive to the Staff of the Virginia Gas and Oil Board thatthey execdted the same and were authorized to do so.

Diane Devi@',/Notary Public174394

Ny commission expires: september 30,2013

Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application oflCNX Gas Company LLC for Forced Pooling of Interetm in CBM Unit BB-134VGOB 051101IS-1505in thc Maiden Springs District of Tazewell County, Virginia

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

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

That yttur affiant is employed by CNX Gas Company LLC, as a Pooling Supervise and is dulyto r(utke this affidavit on behalf of CNX GAS COMPANY LLC, the designated cpemtcr,

within! seven (7) days of receipt of an executed copy of the Order refened to at paragraph 2. above,a true and correct txrpy of said Order to be mafied via the United States Postal Servicenamed in the captioncd Application, whose address was known, and to all persons, if

as R poudeuts at the hearing beld in the captiocd mattss", that proof of such mailingtendered to the Division of Gas and Oil, the Office of the Gas and Oil Inspectm, at

your affiat)t cattsedto eachany, who ~addedhas previcFs beenAb~: Virginia,

Other of the Board in the captioncd matter required all persons pooled thereby to tender theirto the Unit Operator within thirty (30) days of the date the Order was recorded in the

ed above; fiuu said Order was recorded on February 7, 2006;

That thbwritten e+i

qpurted operator CNX GAS COMPANY LLC bas established ~s to review all mailwritten documents received other than by mail to~whether parties whose mterusts

pcsged have made a written election, in a timely firshicn, as requhed by the aptionad Order,were followed to identify the elections, if any, made with regard to tbe Subject Unit;

persons delivered, by mail or otherwim, written elections the Unit Operator, within thehc(tous period:

That tht, Orget entered on February 2, 2006, by the Virginia Gas and Oil Board (heruinafisr "Board")fire~CBM Unit required thc Applicant to mail a true and correct copy of said Order to

each putsch pdolcd by the Order;

None

That Rt(sirogdents identified in Exhibit B-3 hereto aru, having fidlcd to make any election, deemed tohave Ice~ tbbir coalbed methane rights, 'nterests and claims to Applicant, all as provided in the Board'sOrder of Flebntary 2, 2006;

See attached Exhibit B-3

That tbb rights, 'nterests and claims of the following persons are subject to escrow under the Board'sOrder pooling )he captioned Unit, Board Regulations and the Code of Virginia:

None

That aller +pooling hearing held in the captioned matter, the following persons have leased or enteredinto a vol agreement with the Desigaated Operator:

See attached Exhibit B-2

That to gm 4xtent any of said persons listed in Exhibit B-2 have rights, 'nterests and claims which aresubject to: w, they should be ~ as respondents; the Operator requests that the foBowingpersons brt 'ssed as espondents:

Edith Smith

That theiper4uss ideatiged in Exhibit EE attached hereto have entered into royalty split~thataBow the ihpf '/Designated Operator to pay them directly without the need to escrow funds whichwould othdrsrige be in conllict.

None

That pirstumt to the provisions of VAC 25-160-70.A.10. Snd C. Snd VAC 25-160-80 the annexedsupphnnental drder sets forth the interests and claims that require escrow of funds pursuant to VirginiaCode secdbns 65.1-36L2LD.Snd 45.1-361.22.A.3.and 4.

QMDhtsdiat Btuegeld, West Virginia, this day of W, 2011

4'~i ) IUW

STATE Oll ~STVIRGMACOUNTY lOP j21ERCER

Taken, aubnhibed and sworn to before me by Anita D. Duty as a Pooling Supervi CNX LandprcesNI pic., on behalf of the corporate Designated Operator, this day of

, 2011.

Notary

I

II

I

OFFICIAL SEALNOTARY PUBUC

STATE OF WEST VINGINUI

DIANA ss. ESURPHY IICNX GAS COMPANY LLC

2421 JOHN NASN SLVO.ELUEFMLO, wv 24201 'I

IITSONSI44IOII NFSN S44IN24f ~, 2214 II

g/~~ 296,'163.24E 1,023,444.28

3C

I

1AIIIII

-BB134IIIIIIIIIIII

RE

UNIT'.87

88.38I

~ < aiiaK04 l 0

) I -IBY CNx LRNO RE 5 he Ml WERE NOT BImvEYEO.

g/ h(N 296,220.65E 1,021,845.80

1)

I

II

l

! 5 I

II

IN

'I

10

II-*-nf

I

g

.I

l

~4.I

N 294.564.47,E 1,02

EXHIBIT A

MIDDLE RIDGE 1 FIELDUNIT BB-134

.FORCE POOLINGVGOB-05-101B-1505

Cospony CNX Gas Cosoanv LLC We I I Name and Number UNIT 88134ww

Elevation

Countyc TazewelI pistrict Maiden spr'ings Scale: 1 =—Pate,>aasneiM. aTI1iS Plat is a Aew 'plat " : a updated plat

8f(8ffix Seal)3LIcensed Professional Engineer or Licensed Land SuryNBr 0 r,

g ~Oqgl)I)9'4 l l CNX Saa Comyany LLC

Unit BB-184Tract Idsndfkwdons

(20.74Acre Unh)

IA

1S

1C

Coal Cmek Coal Company Tr. 7 (James C. Dkdwrwon 1$1.3$Acre Tract) -AN Mlnsmle

ftossrvs Coal Properties Company- AN Coal LeasedCmek Coal Company TINcr Seam Sr~

Coal Propatles Csmpsny- CN and Sss LeasedQao Company LLC-CNM Laced

Nell Smhh —Surface07 sass 4080%

fsx Mep 0104A0014

Coal Creek Coal Company Tr. 7 (Jsnws C. Dloksnson 1$1M Awe Tmct) -Hl Mlnomlaexcept Coal At A Depth Of 200 Fest

asewcN Counly PuhNc Ssrvtca AulhaNy- Coal At A Depth Of 200 FeetCoal P;~-—Company- AN Coal Leased except Coal At A Depth Of 200 Feet

Knox Creek Coal Company -TINer Sewn SubleasedCoal Preprudes Company- CNI snd Sac Leased

Sae Company LLC- CSM Leased~csweN County Public Scrvkw Authority —Surface

SSN maes 3.0070%

'fax Msp0104A0037A

coal cnwk coal company Tr. 7 (James c. INckawon 1$1.33Acre Tract) -AN MinemwCoal Proper dos Company-AN Coal Leased

Oeek Coal Company- TINer Seen a~Coal Pre perdcs Company-ON end Sas Leased

ICNX Sas Company LLC —CSM Leasednknown Swface Owner;00 acres" " ' '1.7207%

Tax Msppt0441A

Deal Creek Coal Company Tr. 7 (Jsnwe C. Dickenson 131M Acre Tract) —AN Mfnemls)toserve Cool Pro psrdss Company-AN Coal LeasedKnox Cmok Coal Company- TNlor Seam Subleased

Coal Pre perpss Company —CNI and Sas LeasedSas ComPany LLC -CSM Leased

)torace C. Vanmetsr, et ux -Surface10A8 acres 178075%

2. Ndltb Smnn -AN Mineralsllnlmown Surface Owner0.02 sores 0.0340%

Tsx Mafr0104A$ 010001A

February 2, 200S

g ) I$ g ) Q 0 4 ) Q CNX GNN Comp%~ LLC,Urtft F34

(N.74 Acro Un'

osl Creek Coal Company Tr. S (Oeo.W. Lockhait 278 Acre TrecS —All MineralsII eserve Coal Pmperdee Company- All Coal Leasedk nox Creek Coal Company —. TNer Seam Sahleeeed2 MX Oae Company LLC -OH, Oas and CSM Leased1LN scree 2d.2122%

2A. Heg Smith-Surface2S. prance Smith Vandyke- Surface2C. tteg Smllh- Surface

IIax Map ¹1¹4ANISD

t,'osl Creek Coal Company Tr. 2 tThomas A. Ogleeple 1N.Td Acre IIact -peedeserve Coat properttes Company-All Coal Leasedk nox Cmok Coal~-TNsr Sean Sublesseep eserve Coal Pmpertles Company -OS and Oas LeasedC MX Oas Company LLC -ONN Leasedgigd acres OWNS%

Page 2 of 2

Exhibit $-2

N I 9 98%0 4 I 3 DockstSVOOS85-1848-4585

(58.74 Acre Unit)

7)eat SEsss ames

'1)

EcNh Sndth Heirs, Devlsees,Successom or Assigns

(e) Mack Smkh7259 N. Bms)toadRusNng, Mt 484$1I

0.02 acres

0.01 acres1/2 of 0.02 acres

0.0340% Deceased

0.0170% Heir

(b) JacMe W. SmghG4210 N. Tenn StreetFgnt, Ml 48585

0.01 acres1/2 of 0.02 acres

0.0170% Leased Heir

(1) Edkh Smkh Heirs, pevlsees,uceeoecn or Ase(gns

(a) Mack Smkh7259 N. Elms ftosdFkrsNng, Ml 48433

(b) Jacfde W. SmkhG8210 N. Teen ShetFsnt, Ml 48508

0.01 acres1/2 of 0.02 acres

0.01 acres1/2 of 0.02s~

0.0340% Deceased

0.0170%

0.0170% Leased Heir

Page 1 of 1 2/28/2011