4Q. PAGE 167

&FORE THE VIRGINIA GAS AND OIL BOARD

"~+LIE~ORDER REGARDINGDOCKET NUMBER VGOB-91&3/24-0627

ELSCTIOiIIS: UNIT W-35(hassgn'nhJect Drilling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sua sponte in the form authorizedby the Board at hearings held on February 15, 1994 and June 16) 1992; and thisSupplemental Order is being recorded For the purpose of supplemejtttng the Orderprevtously hlentifled in the capttoned matter on June 10, 1998, whi:h was recordedat Deed Book 477, Page 580 iu the Omlce of the Clerk of the Circuit Court ofBuchanan County, Virginia, on June 16, 1998, (herein "Boari Order" ) and

completing the record regarding elections.

Ftndinas: The Board flnds that:

The Board Order required each Respondent whose interests, if anby the terms of said Board Order to make an election within ththe date of mailing or recording, as appScable, of said Order;elections IIIed herein and annexed hereto as Exhibit A states: gRespondent has made or faSed to make a thnely election; (ii) th)election(s) made; aad (iii) whether, by reason of a faQure to elect oIone or more Respondents are deemed, under the terms of thehave leased all their rights, title, hsterests, estates and claims in Subjto the AppScant.

y, were pooled(30) days aftere afSdavit ofwhether eachnature of anyto timely electrd's Order, to

DriSlng Unit

That the afSdavit of elections annexed hereto with the Ex@bits submittedtherewith identIBes the Respondent(s) making a timely election, ifRespondent(s), if any, who are deemed to have leased;

identifies'nterests

and claims which require escrow; identSIes the interests an

any; identtSed thethe conflicting

Il claims, if any,

The Board Order directed Pocahontas Gas Partnerships (he+in "DesignatedOperator" ) to mail copies of the Board Order to all Respondents whose interests, ifany, were pooled by the said Board Order.

The. Ihsttguated Operator filed its affidavit of elections disclo)ing that it hadmaQed a true and correct copy of the Board's Order to all Res~ts whoseinterests, lf any, were pooled by said Board Order.

B00K 481PAGE 168

requiring escrow under the Virginia Code Section 45.1-361.21.D;add identifies the

Respondents, if any, who may be dismissed by reason of having lehsed or entered

into a voluntary agreement with the Appficant.The affidavtt of elections indicates that the escrow of funds is required with

regard to Unit W-35.

Order:

g identificationthe affidavit ofard therefor.

the Board to establish interest bearing escrow account(s), IRS TaNumber 54-1629506, in accordance with the information set forth 4elections with Exhibits thereto, to receive funds and account to the Bb

By this Order, the Board orders the Designatel Operator to tender, consistent

with and in accordance with the findings set forth at paragraph 2J above and the

annexed affidavit of elections with Exhibits thereto, any funds subject to escrow and

instructs the Escrow Agent, First Virginia Bank-Mountain Emislre, do TrustDepartment, P. O. Box 1038, Abingdon, Virginia 24212, or any successor named by

MaQlnu of Orcier and Filius of Affidavtt:

The Designated Operator under the captioned Order shall file an affidavit with

the Secretary of the Board within ten (10) days af'ter the date of recce of this Orderstating that a true and correct copy of this Order was mailed to each Respondentwhose interests or claims are subject to escrow and whose address ls known within

f this Order.seven (7) days from the date of receipt o

Conclusion:

Therefore, the findings and all terms and provisions set forth above be andhereby are granted and IT IS SO ORDERED.

Effective Date:

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

DONE AND EXECUTED this At day of 4---~,1990, by amajority of the Virginia Gas and Ofi Board.

Chairman, Ben~ Wanjpjdj

STATE OF VIRGINIACOUNTY OF WISE

B00K 481PAGE 169

Acknowledged on this 48~ day of4~~, 1998, personallybefore me a notary public in and for the Commo6vealth of Viginia, appearedBenny R. Wampler, being duly sworn djld depose and say that he is Chairman ofThe Vltglnht Gas and Oil Board, that he executed the same and was authorised todo So.

My commission expires 7/31/2002

Susan G. Garrett, Notary

'ONE

AND PERFORMED thisby Order of the Board.

day of ~~, 1998

P cipal Execu tothe staffVirginia Gas and Oil Boark

STATE OF VIRGINIACOUNTY OF WASHINGTON

Acknowledged on this day of Hz~wr~, 1998,personally before me a notary public in and for th4 Commonwealih of Virginia,appeared Byron Thomas Fulmar, being duly sword dhl depose and say that he isPrincipal Executive to the Staff, Virginia G 4 Oil Board, that I e execated thesame and was authorised to do so.

My commission expires 9/30/2001

Diane J.Davis, ~ry

eOOX 481PACI].70

Exhtblt A

BEFORE THE VIRGINIA GAS AND OIL BOARD

IN RE:

of oeabrntm Gas P rtnersbip for Forced Pooling of lnerests in CBM Unit W-35 VGOB-98%3/24-0627 in the Garden District of~County, Virginia

AFFIDAVIT OF POCAHONTAS GAS PARTNERSHIP (herein "Designated Operated') REGARDINGELECTIONS, ESCROW AND SUPPLEMENTAL ORDER

Leslie K Amntgton, bemg Srst duly sworn on ash, deposes snd says:

Tlat your sglant is cmpkgud by CONSOL Ine., as a Permit ~and is duly uthewduxd to make this

aSdavit on behalf ofPOCAHONTAS GAS PARTNERSHIP, tbe sigusted operator,

That the Order entered on Junc 10, 1998,by thc Virginia Gas and Oil Board~"Board")the csp6oncd CBM Unit nxpmed tbe Applicant to mail a true snd correct copy of said Order to each

person pooled by the Order,

That within seven (7) days of receipt of sn~copy of the Order retbrred to st~2. above, yourtdftant caused a true aud correct copy of said Order to bc mailed via gte Unissd Staves Postal Service to each~named in the aptioncd ~oa, whose address was known, aad to all persons, if sny, who wereadded m Rtsqxuxhstts at the bearing btdd in tbe capnoned matter, that proof of such mailing hm~beentesdered to tbe Diviskxt of Gas aud Oil, the Cggce of tbe Gas snd Oil Iuspcexx, st Abingdon, Virgbda;

That the Onbx of the Board in tbe~manor rerpired a8 perseus prxgcd guxeby to seeder their writnm

tdccgons to tbc Unit Operator wigdn thirty (30)days of the dtne the Order was~in the county idsn65edabove; that said Order was raided on Jmm 16, 1998;

That tbe~operator POCAHONTAS GAS PARTNERSHIP bas established ~to review allmil tveeivcd aud all wrinen Oooumcnts received ogux than by mail to anxstam whether purges whose 'ntcrestshave been poohd have made a written tdco6otx in a tbtxdy fashion, ss nxptbed by the oaptaned Order, that said

toocdurm warn fogoued to ibxtgfy tbe ehe6uns, if sny, made wbh regard to the Subject Unit; that tbe gdlowbtgpcrsom dcgvere4 by mail or ogxxvdsx written deo6ons tbe Unit Operator, within tbe gmty duy leetiens period:

None.

That Resprsxhnts 'dentigcd m Exbibit B-3bmeto sre, bavmg gdhd to make sny ebe6on, deemed to have leasedtheir eoalbcd mcgume rights, inttcrests and claims to Applicant, all as provided in tbe Botud's (hder of Junc 10,1998;

Sce Attached Etdribit B-3

That tbe right, mtmests aud claims of the foBawirg pcrwms are subjtxx to escrow under tbe Board's Orderpoohug thc aptiansd Unit, Board Regulations snd the Code ofVirghtbx

See attached Exhibit E.

That ager tbe pooling bering beld in the captioned matter, tbe follcwmg persons have leased or entered into

a voluntary agreemem with the Desigaated Operator.

None.

gmt to tbe extmx any of said persons lishxl in Exhibit B-2 have rights, interests and claims which are not subjectto euxow, they should be~as tetporxbxtts; tbe Operator requmm that tbe Mowing persons be dismissss Restxx dents:

That pmsusnt to the pcvtsicm cfVAC 25-160-70K.10.tmd C. aud VAC 25-160-80 tbe annexed supplemenndorder sets gxth gm 'ntercsts aud chrims that rtxpme escrow of gmds pursuant to Virginia Code sections 45.1-361.21.D.aud 45.1-361.22.A.3,and 4.

Dated ta TarewetL Vrgbtbx thl ~day of 4eeg, 1998.

Taken,~aml sworn to before me by Leslie K Amnion as Permit Spcialist of CONSOL Inc., oubehalf of ttm orporste Designated Operator, this ~dsy of0~, 1998.

s s

Notary

bdycommissionexpites: /I/3O/0/

Dndshn af nnstssI In1~ 1SBsaa 1~3N84% M822% L48N% 51sonon

7%4CT neE ense ereee

{1) Daray BurNsBca 354Reeen, VA 24538

33.41 acres 41.78250% 1.53200% 3.38410% 0.1'%eemed Leased

ExhSdt E

DrmkMfto. VQDaea i m )OOK 1 "

TredCT 8IX .Va~ avae

D(Nskm of htteraet In13~ 14Sast t~3.N84% L1N8% 8AON%

(1) Hurt MoQurleorb Ctwies Qraen1N2 tl2 Jet%teen AvenwSueMd, WV 24701

19.45 acres 24.31250% O.N187% 1.97009% 009%0%

(1) Curds Thurmen DavisRL 1, Sa 193Ravar, VA 24839

TledCTdrft VCde asm

19.45 acres 24.31250% 0.89187% 1.97009% 0.09%0%

(1) Hurt McQurteolb Ctwies Qrsen1N2 112JMrereon AvenueSuehekl, WV 24701

15.52 ease 19.40000% 0.71188% 1.57202% 0.07N2%

(1) Haeeef DadeQaneral DeavslyOhatt Qap, VA 24847

TWIT orC aN wry

15.52 ares 19.40000% 0.71188% 1.57202% 0.07%2%

(1) Hurt MoQudeclb Chalss Green1802 1I2 JeSeran AvenueSw8skl, WV 24701

tw 8 tean pEE raehwhowo

7.93750% 0.29118% 0.84319% 0.03229%

(1) Quater CNcn19108Sslevw RoadAMn9dcn, VA 24210

TftaCT Orrt a Va avae

7.93750% 0.29118% 0.84319% 0.03229%

crier paE taehlahatap

(1) Hurl MoQurleorh Owtea Qraen1802 112Jetferam AvenueSka8eld, WV 247tH

0.10 ares 0.12500% 0.00459% 0.01013% 0.00051%

(1) C" " —,Coal Company

P. O. Sca947Suedekl, VA 24805

0.10 acres 0.12500% 0.00459% 0.0'1013% 0.00051%

VhaCT arE - sade sores

COCA 48k PACE 174thR W48

Docket ttra VQO$ 8$ v~~ 7Ust ot~OvvaarsChka¹de (hatter(etre mwew

Otvt¹oa ot hhrest h13Qset 14@sat 18%sat

L1882% 9ANNC

(1) Hurt MoGurlsrds Charles Green1S)2 1)2J¹hreon AvenueSusliekl, WV 24701

rm. 8 rsaa aaa r

33.41 acres 41.78250% 1.53200% 3.38410% 0.18958%

(1) 0¹sy Burke

Raven, VA 24839

Vrtan rarF aar asm

33.41 acres 41.78250% 1.53200% 3.38410% 0.18988%

crkaa aaa r

(1) Hurt MoGurleclb Charles Green1S)21)2 Jsllsrerm AvenueSueaskt WV 2'4701

3.07 scree 3.83760% 0.14077% 0.31098% 0.01581%

(1) C ~ Coal CompanyP. O. Boa947Sus8ekl, VA 24605

rhaCa alar 1 Va scree

3.83750% 0.14077% 0.31MB% 0.01681%

(1) Hurt MoQr¹sokr Charles Green1802 ti2 Je8ereen AvenueSuelskl, WV 24701

1.10 scree 1.37500% 0.05044% 0.11142% 0.00669%

(1) Theodore OsborneBt Rt Bce82ARaven, VA 248SI

1.10 sores 1.37500% 0.05044% 0.11142% 0.00559%

VIRGINIA: In the Cl '4 Off)ce of the 't Court of Buchanan County. The foregoing instrumentwss this dsy presented in aforesaid, to er w)tth the certy@e of acknoRAedrtmentrannexed,

Deed Book No. — i

pter— —. STE: 7 rt James M. Bevins, Jr., Clerk

Returned this date to;~.JY/ EElE..... TESTE: AAal~... Deputy Clerk