Q6QQQ'4) 683

BEFORE THE VIRGINIA GAS AND OIL BOARD

IN RE:

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 0241154999

ELECfIONS: UNIT Z-I(herein "Subject Drilling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sua spears in the form authorized by the Board athearings held on February 15, 1994 and June 16, 1992; and this Supplemental Order is being rccordcd for

the purpose of supplementing the Order previously in the captioned matter on April 16, 2002 which was

recorded at Deed Book 544, Page 7SS in the Olfice of the Clerk of the Circuit Court of Buchanan County,Vtrghtia, on April 22, 2002, (herein "Board Ord~ and completing the record~elections.

Findinsa: The Board finds that:

The Board Order directed CNX GAS COMPANY LLC (herein "Designated OperatoP) to mail copies ofthe

Board Order to afl Respondents whose interests, if any, were pooled by the said Board Order;The Designated Operator filed its alfidavit ofelections disclosing that it had matted 4 true and correct copy

of the Boanys Order to all Respondents whose interests, if any, werc pooled by said Board Order;The Board Order required each Respondent whose interests, it'any, were pooledbythe tenne ofsaid Board

Order to malta an election within thirty (30)days alter the date ofmailing or ecording, as applicable, of saidOrder; the aflldavit of elections flled herein and annexed hereto as Exhibit A states: (i) whether eachRespondent has made or 1'ailed 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 of the Board's Onler, to have teased all their rights, title, interests, estates and daims in Subject DdllingUnit to the ApPBcanu

That the alfldavit of elections annexed hereto with thc Exhibits submitted therewith identilies theRespondent(s) mahng a timely election, if any; identifies the Respondent(s), if any, who arc dccmed to haveleased; identifies the conflicting interests and claims which rcquirc escrow, identifles the intteiests and daims,if any, requiring escrow under Virginia Code section 45.1-361212K;and identifies the Respondents, if any,who maybe ismissed by reason ofhavhut leased or entered into a voluntary agreement with the Applicant.

Thc atftdavit ofelections indicates whether or not the escrow offunds is required with regard to Unit Z 1;

By this Order, the Board orders the Designated Operator to tender, consistent with and inaccordance with the findings set forth at paragraph 2. above and the annexed aflidavit of elections withExhibits thereto, any funds subject to escrow and instructs the Escrow Agent,Wachovia Bank, Corporate TrustPA132$,123Bmad Street, Philadelphia, PA 191091199,Attn: Rachel Ralfcrty or any succcmor named by theBoard to establish interest bearing escrow account(s), IRS Tax Identiflcation Number 54-1629506, inaccordance with the information set forth in thc aflidavit ofelections with Exhibits thereto, to receive fundsand account to the Board therefore.

Mailina ofOrder and Fgtna ofAlEdavit: The Designated Operator under the captioncd Order or sball Stean alffdavit zdth the Secretary of thc Board within ten(10) days aller 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 (y) days from the date of receipt of thisOrder.

Conclusion: Therefore, the findings and all tenne and provisions set forth above be and hereby aregranted and IT IS SO ORDERED.

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

DONE AND EXECIyfED this ~day of~~,2006, by a majority ofthe ViriiniaGas and Oil Board.

Emmy Wampi~$1'ATE OF VIRGINIACOUNTy OF~

Acknowledged on this ~day of ~M Ltd, 2006, pronally before me a notary publicin and for the Commonwealth ofVirginia, appeared Senny R.Wampler, being duly sworn did depose and saythat he is Chairman of the Virginia Gas and Oil Board, that he executed the same and was authorized to do

My commission expires: FAiPJD+

~gDONE AND PERFORMED THIS P day of , 2006, by Order ol'he Board./

ER.Wdson,Principal Executive to the Board

STATE OF VIRGINIACOUNTy OF WASHINGTON

~~-~&~,.r~.~> .~m.~~,~r-. "-~public in and for the Commonwealth ofVirginia, sglfearcd B.R.Wilson, being duly sworn did depose andsay that he is Director of the Division of Gas Jt Oil Board and Principal Executive to the Board, that hcexecuted the same and was authorized to do so.

Diane J.Davis, NtftaryMy commission expires: 9~JD9

Exhibit A

BEPORE THE VIRGINIA GAS AND OIL BOARD

Apphcation of CNX Gas Company LLC for Forced Pooling of Interests in CBM Unit Z IVGOB 02O1154999 in thc Prater District of Buchanan County, Virginia

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

Lcslie K.Arrington, being fust duly sworn on oath, deposes and says:

That your alBant is employed by CNX Gas Company LLC, as a Manager —Environmental Permitting

and is duly authorized to make this affidavit on behalf of CNX GAS COMPANY LLC, the designated

operator,

That the Order entered on April 16, 2002, by the Virginia Gas and Oil Board (hereinailer "Board")regsrdhtg the captioned CBM Unit required the Applicant to mail a true and correct copy of said Order toeach person pooled by the Order;

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

your alfisnt caused a true and correct copy of said Order to be mailed via the United States Postal Scrvicc toeach Respondent named in thc captioned Application, whose address was known, and to aB persons, if any,who were added as Respondents at the hearing held in thc captioned matter; that proof of such maiTing haspreviously been tendered to the Division ofGas and Oil, the Office of the Gas snd Oil Inspector, at Abingdon,

Virginia;

That the Order of the Board in the csptioned matter requiired aB 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 April 22, 2002;

That the d signated operator CNX GAS COMPANY LLC has established procedures to review all mail

received and aB written documents received other than by mail to scertain whether parties whose interestshave been pooled have made a written election, in a timely fashion, as required by the csptioned Order; thatsaid procedures were fogowed to identity the clcctions, ifany, made with regard to the Subject Unit; that thefollowing persons delivered, by mail or otherwise, written elections thc Unit Operator, within the thirty dayelections period;

None

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

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

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

That pursuant to the provisions of VAC 25-160-70%.10. snd C. and VAC 25-1604t0 thc annexedsupplemental order sets forth the interests and claims that require escrow of funds pursuant to Virginia Codesections 45.1-361.213).and 45.1-36L22%.3.and 4.

Dated at TazeweB, Virgbtta, this day of ~CtWIP I/ .2006.

Lesiic K.Arrington

Taken,~and sworn to before me by Leslie K.Anington as a~-Environmental ~for CNX Gas Company LLC, on behalf of the orporatc Designated Operator, this~~ day of

Sb~ a , 2006.

My commission expires: I/3/ hOst 9I

PROPERTY LSES SHDWH WE% J4 Fma HAPS PROVOED

SY CHX LHN RESOURCES,YH. PHD WERE HOT SURYEYED.

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EXHIBIT A

OAKWOOD FIELD UNIT 2-1FORCE POOLING

VGOB-D2-D115-0999

CONSOL Enerav Inc. We I I Nerw and Number UNITCospanyleg'%%lscsss/L 'I.

44!.'n.'racto.N . Elevation guadrangle0'r' Proter Scale: I 400 Date ~ rw tpTh>s plat 1S a new plat X an updated plat a 'k.ai Diat,~.~4..m

Licensed Professional Engineer or LIIcensed Land Surveyor .LC/I,i/L

CON80L Energy, Inc.UNIT Z-1

Traot'--

Levtse Coal Company Tr. 30- CoalCoal LesseeJswaI Bmohetess Coal Corp. - TSer and Abwe Coal LeasedJohn W. Pabst, Jr., et al. -Ol 40asBuchanan Produclbn Co. -OI, Gas and CM Leased4LQ5 acres 57A375 %

1A KN Boyd- Surface18. Dsbner Boyd Surface

2. Levtsa Coal Company Tr. 35-Coal'oal

LesseeJewel IL 'oal Corp. -TBsr and Abave Coal LeasedJohn W. Pobst, Jr., etaL -Ol SGasBuchanan Productbn Co. -OI, Gas and CBM Leasedlbunnan E Boyd - Surface0.95acres 12000%

Dr. WStem 8.Looney, et aL - FssCoal Lesseetstand Creek Coal Co. - Coal Bebw Jawbone Seem Leased (40%)Buchanan Producfbn Co. -OI, Oes 4 CBM Leased (20%)33.08arne 41.3525%

Pege1of1 12/11r01

ExNhh S-2Unh S4

V(50$ 8241154I888Ltst of Respondents to be Dtemlseed

(1) Dr. yywsm B. Looney. et at

(c) Lhn IS)SereThe Roskm C. Looney Trust

P.O. Box48882 HL0135)dacksornSS FL 322030082

41.38250% Leased

24.81750%

5. Oa 8 SaS~ Ciee~gwitar

(1) Dr. Wwsm B.Looney, et at

(c) Unn V5SsrsThs Rostra C. Looney Trustdo Flmt Unkm Nadonal BankP.O. Box40082 (~135)JacfmorwrBs, FL 322030082

41.38250%

24.81750% Leased

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Exhtha 84Una Z-t

VSOB Og+11$4000Ust of Untanned Ownarslotntmnnta

This unit is 100% leased

VIRGINIA: In thc Clerk's Office of the Circuit Court of Buchanan County. The foregoing instrumentwas this day presented in thc oflice aforesaid ttrat is. toggther with thc certificate of acknowledgment annexed,admitted to record this I l~ day of I ~ LgBsx gra .2OEXe I!~W M,The tax imposed by 5S87.1-802of thc Code has been +id in the amo of g Sgtrhg.Dccd Book No. —rage mo. TESTE: s Ill~ides, Jr., ClerkReturned to: ~t~ f ~thsite - . TESTE: ~hty Clerk

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