)L~080001202

BEFORE THE VIRGINIA GAS AND OIL BOARD

IN RE:

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 044921-1330

ELECTIONS: WELL 25444(herein Subject Drilling Unit)

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemenud Order is entered by the Board sea sponie in the form authorized by the Board atbeaihqpheld on February 15, 1994and June 16, 1992; and this Supplemental Order is being recorded for the putpose ofsupplementing the Order previously in the captioned matter on January 13,2005 which was recorded st DeedBook 610, Page 005 in the Oiffcc of the Clerk of the Circuit Court ofBuchstum County, Virginia, on January21, 2005, (herein "Board OrdeP) and mpleting the recmd regsrdmg electiims.

Findinss: The Board ffuds that:

The Board Onder dhected CNX GAS COMPANY LLC (herein ADesignated Operator) to mail copies oftheBoard Order to all Rcspondem whose i ttcrests, if any, were pooled by the said Board Order,

The Dssigmned Opersux ffled its affidav ofelcedons disclosing that it hsd mailed a true and conuct copyof the Board's Order to all Rtxqxnidents whose interests, if any, were pooled by said Board Order,

The Bomd Order requhed each Rtxqtondent whose interetm, ifany, were pooled by the terms ofsaid BoardOrder to make an election within thirty (30)days sffer the date ofmailing or recordmg, as applicable, of saidOrder, the affidav of elections 6led herein and annexed hereto ss Exhiliit A states: (i) whether eachRespondent has made or gtffed to make a time/ election; (ii) the nature of any election(s) made; snd (iii)whether, by reason ofa ffulurc to elect or to timely chest one or morc Respondents sre deemed, under the termsofthe Board's Order, to have leased all their rights, title, 'nterests, estates and claims m Subject DrBlmg Unit tothe Applhxmt;

That thc affidavit of elections amwxed hereto with the Exhibits submitted therewith identiffes theRespondent(s) making a timely election, if say; identiffes the Respondent(s), if any, who are deemed to haveleased; hhattHies thc confficting 'nterests sad claims which require escrow; identiffes the mtsiests and claims, ifany, requiring esctow under Virginia Code section 45.1-361.21.D.;snd identiffes the Respondents, ifany, whomay be disndssed by reason ofhaving leased or ennmxl into a voluntary agreement with the Applicstu.

The sffidavh ofelections indicates whether or not the emrow offunds is required with regard to Weg-25444;

QI60Li By this Order, tbe Board orders the Designated Operator to tender, consistent with snd inaccordance with die ffndings set forth at~2, above sad the annexed affidavit ofelections withgxbibitsthereto, any fimds subject to escrow and intstructs the Escrow Agcat, Wachovia Bank, NA., VA7515, P.O.Box14061, Roanoke, VA 24030, Attn: Judy Barger or any successor named by the Board to establish interestbearing escrow account(s), IRS Tax Identiffcation Nmnber 54-1629506, m accordance wiih the htgxtsndon setforth in the sffidsvh ofelections with Exidbits thereto, to receive funds and account to the Board therefore.

MaiTira ofOrder end Filina ofAffidavit: The Designated Operator under the captioned Order or shall file an

aifidsvit wBh the Sccretmy ofthe Board wigun tea (10)days sfier tbe date ofreceipt ofthis Order stating that atrue snd conect copy of this (hder wss mailed to each Rcspndent whose 'nterests or claims are subject toescrow and whose address is brown within seven (7) days fium the date ofreceipt offids Order.

Canciusian: Terefore, thc fhdings and all terms and provisions set forth above be and hereby me granted

snd IT IS SO ORDERED.

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

DONE AND EXECUTED this S4 day of /~,200$ , by a majority ofthe VirginiaGas and Oil BosnL

~Beu}PL Wsugibrr

DONE AND PERFORMED THIRD day of , 2008, by Order of the Bomd.

BAVWBson,Director of the Division ofGss R Oil Board sndPrincipal Executive to the Board

STATE OF VIRGINIACOUNTY OP WASHINGTON

Admowledgedonthis 2G dayof / jAnCl7,2008,~befaremeanounypublic in asd for tbe Commmrweahh ofVirghds, ~Benny IL Wampler, being duly swam did deposeand say that be is Chainusn of tbe Vhgbua Gas and Oil Board, and appeared B.IL Wihon, being duly swamdid depose and say that he is Prhrcipal Executive to the Staff of the Virginia Gas and Oil Board that theyexecuted the same and were~to do so.

e J.Davis, Nglsry174394

My commission expires: September 30, 2009

02

Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application ofCNX Gas Company LLC for Forced Pooling of ntcrcsts in CBM Well-25444VGOB 044921-1330 in the Garden District ofBuchanan County, Virginia

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

Leslie K.~bemg first duly sworn on oath, deposes and says:

That your aifiant is employed by CNX Gas Company LLC, as s Manager —Enviromnentsl emittingand is duly~to make dus aifidavit on behalf of CNX GAS COMPANY LLC, the desiyuedoperator,

Tbst the Order entered on January 13,2005, by the Virginia Gas snd Oil Baud (hcreinsficr "Board")regarding the captioed CBM Unit required the Applicant to mail a true and correct copy of said Order toeach person purged by the Order;

Tbst whhin seven (7) days of receipt ofaa executed copy of tbe Order tefened to at~2. above,your ai6ant caused a true snd correct copy of said Order to be mafied via the United States Pmsal Service toeach Respondent named in the csptioned Applicafion, whose Nhhess was hewn, sad to all persons, ifany, wbowere added ss Rcsporuicnts at tbe hesrmg held in the aptioncd matter, that proof of such msging haspreviously been~to the Division ofGas snd Oil, tbe Ofike ofthe Gas and Oil Inspccto, at Abiagdon,Viqpnia;

That tbe Order of thc Board in the captioned matter requhed all persons pooled thereby to tender theirwritten elections to the Unit Operator within thirty (30)days of the date the Order was recorded in the countiesidentified above; that said Order was recorded on January 21, 2005;

That the desiyuued operator CNX GAS COMPANY LLC bas cstablisbcd prooehum to mvisw all mailreceived snd afi written documents received other tbrm by mail to sccctas'n whether paries whose hrtcrests havebccn pooled have made a wriucn election, in s timely fisbion, as rtquhed by the aptioned Order, that saidpmcadum were followed to identify tbe elections, if any, made with regard to the Subject Usia, that thefogowing persons eehvererL by mail or atherwise, written elections the Unit Operator, within tbe tbbty daycbctions period:

None

Tbst Respondents identified m Exhibit 8-3 hereto are, having Srilcd to make sny election, deemed to haveleased thch coalbsd methane riglus, 'nterests snd clshns to Applicant, all ss provided in the Board's Order ofJanuary 13, 2005;

See attached Exhibit B-3

Tbst thc rights, iarterests snd claims ofthe ibllowing persons sre subject to escrow under the Board's Orderpooling the capdoncd Unit, Board Reguladons and the Code of Virgmia:

None

03

That aller the poolmg hearing held in the captioned matter, tbe following persons have leased or entered into

a volmumy ~whh the Desigaated Operator.

None

That to tbe extent any ofsaid persons listed in Exhibit B-2 have rights, interests and claims which are subjectto escrow, they should be~as reslxmdents; the Operator roprests that dre following persons be

as Respondents:

None

That the perseus identified in Exhibit EE attached hereto have entered into royalty split~tbat allowthe Apphcsnt/Designated Operator to pay them dhecfiy without the need to escrow fimds which wouldotherw'm be in conflict.

None

That pursuant to the provisions of VAC 25-160-708..10.and C. snd VAC 25-160-$0 the annexedsupptemennd order sets forth tbe 'nterests and claims that require escrow of funds purswmt to Virginia Codesections 45.1-361.21.D.and 45.1-361.22.A.3.and 4.

Dated at Mercer, West Virginia, this ~day of A/2M, 2 8

Leslie K. Amngton /Taken, subscribed and sworn to before me by Leslie K.Anington as a Msnsgm-Envinmmental Permitting

for CNX Gas ~ LLC, on behalf of the ccrporam Designated Operator, this day oftVhttwje , 2008.

My commission expbes: AD> I 9.Qet3.

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PROPERTY IRIS SIOWN WERE TAKEN PRON NAPE PROVEEPSY CNK Lee RESOWCES. Inc. Ne WERE NcT SURYEYEO.j

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EXHIBIT A

STATE WIDE SPACINGUNIT 25444

FORCE POOLINGVGOB-D4-0921-1330

CNX Gas CERTTanv LLC We I I Nose and NURETer UNIT 4

Tract No. Elevation~WPNNIE a PPmI~WI

County Duchonon District Garden Scalel 1 >In 400 Dote & I/ f/~

This plat is a new plat X : on updated plat or Im'final plat,

F OGQ-GO-7 PM~. /4 /77 . 'l'k RNE 5

Licensed Professional Enplneer cr 'licensed Land Surveee 05

CNX Sae coeyeny U.cVENT 2N44

Tibet Maw'~~

Tmwwew Coal 4 Iron Company Tr.1 - Feolbmave Ceal P.~~ComFany -Mow C~Coal LoaemlJeweh Or . ~Coal ~~< -Jewel aml Jawbone Seams LoasmlCIN Oas CsmFsny LLC -CN, Ibm aml CON Leasml~MS.nemo

C.LReer Lumber ~Tr, 41 -All lwneralsneeee we Coal r rvie mr r + Cem N0N Tiller Seem IoasmfCMK One'Cmnpany LLC - Leasml~ Seams Sehw TINer Seam}2RAT AAe

N'asl~ CauALy,'bg'hfii- Fea ~CoaTSelaw NWIC.L RNar Lmnber ~-Coal INwr

Nb're

Coal@a:—::~ Csal Nabns NN LessmlCNX.Oae~LLC -CSM Leabml Mbw NF LeaeendAN'~ OAN$ %

Motley . m C p .-Foo Phwpk Coal Mow INY)C. I I%he Lmnber ~-Coal Seher$

40'a

Coal're~me ~M Qw NO LoasmlCNI Oas~LLC -COW Lessen INwr ONV

DMames O1778%

Exhibit $4Unk/WsE 925444

Docket EVGOB 044821-1329ust of Unlsaeed OnmerslCMlmants

(112.69Acm Unit)

Ames in UnitPercentof Unit

E. OIL a GAE PEE QtslNERSHIP

(1) C. L Ritter Lumber Company *

P.O. Box 700Huntin9ton, WV 25711

rmcf «t - anr Acme

22.47 acres 19.9397%

(1) Buchanan CountyAan: Mr. W. J. CaudillP.O. Box 950Gmndy, VA 24614

0.07 acres 0.0621%

(1) Norfolk Southern CorporaaonAan: Todd DormP.O. Box 1517Suefisld, WV 24701

0.20 acres 0.1775%

*Oil 5 Gas is Leased by Hard Rock Exploradon Inc., CNX has the CBM Leased

INSTRUNENT «080001202RECORDED IN THE CLERK'S OFFICE OF

BUCHANAN COUNTY ON

NARCH 27I 2008 AT 02:50PN

BEVERLY S. TILLERI CLERKRECORDED BY: NKE

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