BEFORE THE VIRGINIA GAS AND OIL BOARD

SUBMENTAL ORDER REGARDING DOCKET NUMBER

VGOB 040420-1274

ELECHONS: UNIT M-56

(herein Subject Drilling Unit)

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sus sponrc in the form authorized by the Board at

hearings heid on February 15, 1994 snd June 16, 1992; and this Suyplemcntal Order is being recorded for

the purpose of supPlementing thc Order yrevioushr in thc caytioned matter on January 13,2005 which was

recorded at Deed Book 610, Page 610 in the Office of the Clerk of the Circuit Court of Buchanan County,

Virginia, on Janmuy 21, 2005, (herein Board OrdeP) snd completing the record reyudhtg elections.

Fmdinas: The Board finds that:

The Bostd Order directed CNX GAS COMPANY LLC(herein ADcsignated Operator) to mail cophu ofthe

Board Order te afi Respondents whose interests, if any, were pooled by the said Board Order;

The Designated Oyerator ffied its afiMavit ofelections disclosing that it hsd mafied a true and conect copy

of thc Boanys Order to afi ResPondents whose interests, if any, were pooled by said Board Order;The Boanl Ader required each Respondent whose interests, if any, were yooled by the tenns ofssid Board

Order to make an election within thirty(30) days afier the date ofmailing or recording, ss appgcabh, ofsaid

order; the alfidavlt of elecnons filed herein and annexed hereto as Exhibit A states: (i) whether eachResyondent hss made or failed to make a timely election; (B) the nature ofany election(s) made; and (iii)whether, by reason of a failure to elect or to thnely elect onc or morc Resyondents are deemed, under thetenne ofthe Board's Order, to have teased afi their rights, title, interests, estates snd chmns in Sutgeet DrgBog

Unit to the ApyBcsnt;That thc sffidavit of elections annexed hereto with the Exhibits submitted therewith identifies the

Respondent(s) nudung a timely clcction, if any

identifies

th Resyondcnt(s), if any, who are decmeii to haveleased; identifies the contficUnginterests and dsims which require escrow; idcngfies tbe interests andrJaims,if sny, requtrhtg escrow under Virginia Code section 45.1-36121JJ.;and identgles the Respondents, if any,who may be@isndssed by reason ofhaving leased or entered into a vohmtsry agreement with the Ayylicant.

Thc affidavit ofelections indicates whether or not thc escrow offunds is requhedwith regsrd to Unit M-56;

By this Order, the Boanl orders the Designated Oyerator to tender, consistent with aed inaccordance with the findings set forth at yaragrayh 2. above and the annexed affidavit of elections withExhttgts thereto, any funds subject to escrow and instrucs the Escmw Agent WscboviaBank, CoryorsmTrustPA132$,123Broad Street, Phfiadctphia, PA 19109.1199,Attn: Rachel Rafferty or any uccessor named bytheBoard to stswigsh interest bearing escrow account(s), IRS Tax Identification Number 54-1629506, inaccordance with the information set forth in the affidavit ofelections with Exhibits thereto, to receive fundsand account te the Boanl therefore.

Maigna ofOrder and FBina ofAflidavit: The Designated Operator under the captioned Order or shall file

an affidavit wi4 the Secretary of the Board within ten (10)days after the date ofreceipt of this Order stating

that a true snd correct copy of this Order was mailed to each Respondent whose interests or claims are

subject to escrow and whose address is ?mown within seven seven (7) days from the date of receipt of this

Order.

Condusion: Therefore, the findings and all terms and provisions set forth above be and hereby are

granted and IT IS SO ORDERED.

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

ADONE AND EXECUTED this JS day of /A~, 2005, by a majority of the Virginia

Gas and Oil Board.

CEairman, Beg/IL Wampbtr

STATE OF VIRGINIACOUNTY OF WBB?4u~~ )gd. n C

Achnowledged on this J 3 day of k ~LA, 2005, personaflybeforeme anotsrypubgcin and for the Commonwealth ofVirginia, appeared 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 thorized to doso.

NotaryMy I p u p/drO/ii /

d /DONE AND PERFORMED THIS~day of&~LA 2005, by Order of the Board.

B.R.Wilson,Principal Executive to the Board

My commission expires: tssADJA 9/ /

STATE OF VIRGINIACOUNTY OF WASHINGTON

Acttnowledgcd on this JB day of lA~&CA, 2005, personally before me a notarypublic in and for the Commonwealth ofVirginia, appeared B.IL Wilson, being duly sworn did depose andsay that he is Ihrector of the Division of Gas gt Oil Board and Principal Executive to the Bead, that heexecuted the same and was authorized to do so.

Diane J.~otary

Exhibit A

BEPORE THE VIRGINIA GAS AND OII. BOARD

Application ofCNX Gas Company LLC for Forced Poogng of Interests in CBM Unit M-56

VGOB 040420.1274 in the Garden District of Buchanan County, Virinia

AFPIDAVIT OF CNX GAS COMPANY LLC (herein ADesignated Operator) REGARDING ELECTIONS,ESCROW AND SUPPLEMENTAL ORDER

Leslie IL~bimg Erst duly sworn on oath, dcposci snd says:

That your ament is employed by CNX Gss Company LLC, ss a Manager - Environmental / Permitting

and is duly utborlnd to make this aIBdavit on behalf'of CNX GAS COMPANY LLC, the Csignabdoperator,

That thc Order cntcrcd on January 13,2005, by the Virgtnkt Gas and Oll Boml (heebtaftm "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;

1hat within seven (7)days of receipt of an executed copy of the Order referred to at pragraph 2.above,

your affiant caused a true and correct copy of said Order to bc mailed via the United States Postal Service toeach Respondent named in thc captioned Apphcation, whose address was known, snd to all persons, if any,who were added as Respondents at thc hearing held in thc captkmed matter; that proof of such maigng haspreviously been tendered to the Division ofGss and OB, the OIBce ofthc Gas and Oil hupector, at~Virgktia;

That the Order of thc 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 identilled above; that said Order wss recorded on January 21, 2005;

That the slgnstcd operator CNX GAS COMPANY LLC has estabgshed procedures to review aB mailreceived cad all written documents received other than by mail to scertain whether parties whose interestshave been pooled have made a written election, in a tknely fashion, as required by thc captioncd Oeder; thatsaid~were folknved 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:

None

That Respondents identified in Exhibit B-3hereto are, having failed to make any election, deemed to haveleased their coalbcd methane rights, interests and cktims to Applicant, all ss provided in thc Bosnys Order ofJanuary 13,2005;

Sec attached Exhibit B-3

That the rigyrts, interests snd datms of thc following persons arc subject to escrow urakr the Boanl's OrderpooBng the captioned Unit, Board Regulations and the Code ofVirgkua:

None

That after the pooling hearing held in the captioned matter, the following persons have leased or entered

into a voluntary agreement with the Designated Operator:

None

That to the extent any of said persons listed in Exhibit B-2 have rights, interests and claims which are

subject to escrow, they should be dismissed as respondents; the Operator requests that the following persons

be dismissed as Respondents:

That the persons identified in Exhibit EE attached hereto have entered into royalty split agreements thatallow thc Applicant/Designated Operator to pay them directly without the nccd to escrow funds which wouki

otherwise be in conllict.

None

That pursuant to the provisions of VAC 25-160-70%.10. and C. and VAC 25-16040 the annexedsupplemental order sets forth the interests and claims that require escrow of funds pursuant toVnglnia Codesections 45.1-3612137.and 45.1-36L22%.3.and 4.

Dated at TazeweB„Virginia, this ~day of CANST

Taken, subscribed and sworn to before me by Leslie K. Arrington as a Manager —Environnjentsl /

PMh'ttjng for CNX Gas Company LLC, on behalf of the corporate Designated Operator, this~day offsM hW, ZOOS.

Notary

My commission expires: I I /~f3/M

lmseeetv Lese eo)E TN)ss n)ae ~se4TW)seI ev c)m Les) ~s'e. mo wm)s )s)t m)svsvsb.

//

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EXHIBIT A

OAKWOOD FIELDUN!T M-56

FORCE POOLIHGVGOB-04-~)h 1274

Wel I ¹ame andCospany C¹X Das Ccesonv LLC

Tract ¹o. ElevationCo)s)ty ~ District Garden

This plat is a nee plat X : an updated plat

Form DDT-7Rev. 9/91 L)a~ed p ~ss)~) EW)n r ar L4~ Seal)

Land 5

CIA ONNI CoilIPeey LLCtfng~

Tinct esewe=

~Lant ntL,af al Tenet 1NN-AN.~":.::Cafiff~ ~ 4 Cafffda 4eefaNNNINo Sewn Loaned."Cefif~:~—AN 'ashaNeneopt caaf fn Jeeet INNNo sean4N4 Qee San~ Seat

55 '-=~--l4- Tfaet INN- Poe'.M4=.' -Coat fn JeiieSINSNe Sean Loaoal

ANCiiNN ~4seoyt Coal fn JewaN%NNo Sawn'IN% Neh -% 'INfeiLaeiaia

'ammedes'NIINswa

LfeeN ~'Wdt INN -Q~C@0$ln 4ewaN fitNINo Sown

' ~lee,heh~W LoSee4=,.LLC-

1'f f4eee ~ 14.11IN%

Ceayeay Tfwet 0-Poo~-A}f lasNII setwepN sean aenLNNN tenet ANaie» Loeawff ....Oeee': - -w, ISISAchy ~'aaf~Ifeeeae

INiNI'I fsa+':.'Lc-;INea anSININNIeafoo

'Neses. Taeet TR - Pa»—» AN fn «nN Saline P4 Seees anN INN Poet ANaie ~——wnFTNer Sefeao LoaoafCNII Nfe~LLC -CNNLoaawf1ASeence 'IWN%

Tenet 12-PoeC . '..''>Oeaf' -AN Coat fnanl Sefew I4$4oaa wnt INN IIWNAhovo LoanedJeefN'..:::.olfff 'Casf fs Neat.@Eh, Jawhais aaN TmaCeiawtweowfcd Ikecfeaeoeiy'LLc- cN44an eeaf csNFLoaeocfILIII ocean

~ S4trrNM43

Dosam SIOM M@I%-1374Ust or tntoasod Orwraraetatmmds

(1) Bernard land Company, st ~I., Tr.155

(n) Jewel Rtdga Coal Corpora(amP.O. Soa 7Carne, VA 24237

S. rm. L Ran pss i::22.74 msm

1.75acres1I13 o(22.74aorm

2.1335%

(1) Sorrdnd land Company, ot al., Tr.155

(b) Jewel Saga CoS CarporsdrmP.O. Sos 7Dares, VA 24237

22.74 acres

1.7Sarsw1/1 3 or 2274 acres

VIRGINIA. In the C)ark'ffice of the Circuit Court of Buchanan County. Tbe foregoi)tg instrumentwas this day presented in aforesaid, togm+ith the certificate of~)

gorked,admitted to record this day of f ~,20 M.The tax imposed by 8587.1-802 of the Code lias bien paid in the amount of 8Deed Book No. ~ tBS) Pgge No. Jamw M. Bovine, Jr., ClerkReturned to: ~ l /W 1EI~ . TES'Igbgfshs I i-i ~ LJSRcJQputy Clerk

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