VIRGINIA:

BEFORE THE VIRGINIA GAS AND OIL BOARD

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBER —VACATE ORDERVGOB 99-0518-0722

ELECTIONS: UNIT P46(herein "Subject Drilling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sua sponre in the form authorized by the Board at hearings held

on February 15, 1994 and June 16, 1992; and this Supplemental Order is being recorded for the purpose ofsupplementing the Order previously in the captioned matter on June 28, 1999 which was recorded at Deed Book494, Page 49 in the Office of the Clerk of the Circuit Court of Buchanan County, Virginia, on July 2, 1999, (herein"Board Order" ) and completing the record regarding elections.

Findinas: The Board finds that:

The Board Order directed CNX GAS COMPANY LLC (herein "Designated Operator" ) to mail copies of theBoard Order to all Respondents whose interests, if any, were pooled by the said Board Order;

The Designated Operator flled its affidavit of elections disclosing that it had mailed a true and correct copy of theBoard's Order to all Respondents whose interests, if any, were pooled by said Board Order,

The Board Order required each Respondent whose interests, if any, were pooled by the terms of said Board Orderto make an election within thirty (30) days after the date of mailing or recording, as applicable, of said Order; theaflidavit of elections filed herein and annexed hereto as Exhibit A states: (i) whether each Respondent has made orfailed to make a timely election; (ii) the nature of any election(s) made; and (iii) whether, by reason of a failure toelect or to timely elect one or more Respondents are deemed, under the terms of the Board's Order, to have leasedall their rights, title, intetests, estates and claims in Subject Drilling Unit to the Applicant;

That the affidavit of elections annexed hereto with the Exhibits submitted therewith identifies the Respondent(s)making a timely election, if any; identifies the Respondent(s), if any, who are deemed to have leased; identifies theconflicting interests and claims which require escrow; identifies the interests and claims, if any, requiring escrowunder Virginia Code section 45.1-361.21.D.;and identifies the Respondents, if any, who may be dismissed byreason ofhaving leased or entered into a voluntary agreement with the Applicant.

The affidavit of elections indicates whether or not the escrow of funds is required with regard to Unit P-46;

Qrder: By this Order, the Board orders that its prior pooling order entered herein be vacated for the reason thatall owners and claimants to CBM in the Unit have agreed with the Applicant to develop same and that any and allfunds escrowed with the Board's escrow agent be disbursed to the Board's Designated Operator to pay or suspend asthe terms of the agreements by and between the Applicant and the owners and claimants may require and allow.

Mailina of Order and Filina of Affidavit: The Designated Operator under the captioned Order or shall file anaffidavit with the Secretary of the Board within ten (10)days after the date of receipt of this Order stating that a trueand correct copy of this Order was mailed to each Respondent whose interests or claims are subject to escrow andwhose address is known within seven (7) days &om the date of receipt of this Order.

VIRGINIA:

Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application of CNX Gas Company LLC for Forced Pooling of Interests in CBM P-46VGOB 99-0518-0722 in the Garden Magisterial District ofBuchanan County, Virginia

AFFIDAVIT OF CNX GAS COMPANY LLC (herein "Designated Operator" ) REGARDING ELECTIONS,ESCROW AND SUPPLEMENTAL ORDER

Anita D. Duty, being first duly sworn on oath, deposes and says;

That your affiant is employed by CNX Gas Company LLC, as a Pooling Supervisor and is duly authorized tomake this affidavit on behalf of CNX GAS COMPANY LLC, the designated operator,

That the Order entered on June 28, 1999,by the Virginia Gas and Oil Board (hereinafter "Board") regarding thecaptioned CBM Unit required the Applicant to mail a true and correct copy of said Order to each person pooled bythe Order;

That within seven (7) days of receipt of an executed copy of the Order referred to at paragraph 2. above, youraffiant caused a true and correct copy of said Order to be mailed via the United States Postal Service to eachRespondent named in the captioned Application, whose address was known, and to all persons, if any, who wereadded as Respondents at the hearing held in the captioned matter; that proof of such mailing has previously beentendered to the Division of Gas and Oil, the Office of the Gas and Oil Inspector, at Abingdon, Virginia;

That the Order of the Board in the captioned matter required all persons pooled thereby to tender their writtenelections to the Unit Operator within thirty (30) days of the date the Order was recorded in the counties identifiedabove; that said Order was recorded on July 2, 1999;

That the designated operator CNX GAS COMPANY LLC has established procedures to review all mailreceived and all written documents received other than by mail to ascertain whether parties whose interests havebeen pooled have made a written election, in a timely fashion, as required by the captioned Order; that saidprocedures were followed to identify the elections, if any, made with regard to the Subject Unit; that the followingpersons delivered, by mail or otherwise, written elections the Unit Operator, within the thirty day elections period:

None

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

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

Conclusion: Therefore, the findings and all terms and provisions set forth above be and hereby are granted andIT IS SO ORDERED.

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

DONE AND EXECUTED this day of , 2009, by a majority of the Virginia Gasand Oil Board.

Chairman, Bradley C. Lambert

DONE AND PERFORMED THIS day of , 2009, by Order of the Board.

David E. Asbury, Jr.,Principal Executive to the Staff of the Board

STATE OF VIRGINIACOUNTY OF WASHINGTON

Acknowledged on this day of , 2009, personally before me a notarypublic in and for the Commonwealth of Virginia, appeared Bradley C. Lambert, being duly sworn did depose andsay that he is Chairman of the Virginia Gas and Oil Board, and appeared David E. Asbury Jr., being duly sworn diddepose and say that he is Principal Executive to the Staff of the Virginia Gas and Oil Board that they executed thesame and were authorized to do so.

Diane J. Davis, Notary174394

My commission expires: September 30, 2013

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

That pursuant to the provisions of VAC 25-160-70.A.10.and C. and VAC 25-160-80 the annexed supplementalorder sets forth the interests and claims that require escrow of funds pursuant to Virginia Code sections 45.1-361.21.D.and 45.1-361.22.A.3.Snd 4.

1 dt~Dated at Bluefield, West Virginia, this " day of 0'f~,2009

Anita D. Duty

STATE OF WEST VIRGINIACOUNTY OF MERCER

Taken, subscribed and sworn to be fore me by Anita D. Duty as a Pooling Supervisor for CNX Gas Company

LLC, on behalf of the corporate Designated Operator, this ~I% day of h/Otif rvs bft" , 2009.

No~

My commission expires: A 10r.' 9 0 0 I7I I

OFFICIAL SEIIOTARY PUSrarE OF WEsr vI

ESEUSSA CussCNX GAS CONFA2221 JOHN NASHBLUEFIELO, WV

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POCAHONTAS GAS PARTNERSHIPUNIT PA6

Tract dentifications

Mary McNsil- FeeCcsl Lessee

None of Record1.01 acres 1.26253

Ron Clybome Tr 2- Coal Above Jawbcne Sewn, Oil & GasResenrs Coal Properdes- Coal Jawbore Seam and Below

Coal LesseesJewsll Rklge Coal Corp.- Jawbone Seam and abovePocahordas Gas Partnership - Oi & Gas LesseePocshonias Gas Partnership - C BM LeasedResene Coal

Properties

- Surface41.97acres 52 4625%

James tJL McGuire Trust- Coal, 09 & GasCoal Lessees

Reserve Coal Properfies -Below drainage coal LesseeJewell Rklge Coal Corp.- Jawbone and Tiller SeamsPocahontas Gas Partnership - CBM Leased3.10acres 3.6750%

James M. McGuie Trust- Coal, Ofl & GasCoal Lessees

Resene Coal Proper5es- Below drainage coal LesseeJewell Ridge Coal Corp.- Jawbone and Tiller SeamsPocahontas Gas Partnership - CBM Leased0.13acres 0.1625%

Southern Region Industrial Realty Corp. Et al. Tr. 1 - Coal. Oil & Gas (except P-3 seam)Reserve Coal Properges-'(Owner P-3 Seam)Coal LesseesAnker Viglnts Nning Company Inc. - All seams tocept P-3, Raven, Tiler and Lower Seaboard

Jawell Ridge Coal Corporation - Raven. Tiler and Lower SeaboardPccahontas Gas Psrtnetship - OI & Gas LesseePocahontas Gas Parlnership - CBM Lessee33.64acres 42.0500%

C. L. Rider Lumber Company Tr. 27 - Coal, Oil & GasCoal Lessees

Reserve Coal Properties - Below drainage coal LesseeJewell Ridge Coal Corp.- Jawbcne and Tliler SeamsPocahontas Gas Partnership - CBM Leased0.15acres 0.1875%

'Page I

Exhibit 8-2UNIT PA6

Docket ¹VGOS - 8946184)722List of Respondents to be Dismissed

Acres in UnitPercent of

UnitReason forDismissal

I. COAL OIL 8 GA8 OWNER8HIP

Tract¹f. f.df acme

(1) Mary McNeil Heirs, Devisees,Successors of Assigns

(a) Doris Clifton

3825 Griflith PlaceAlexandria, VA 22304

(b) Kyle Clifton

7319Craftown Rd.Fairfax Station, VA 22039

1.01 acres

0.084 acres1/12 of 1.01 acres

0.084 acres1/12 of 1.01acres

1 26250%

0.10521% Leased

0.10521% Leased

Page 1 of1 11/18/2009

Exhibit 84UNIT PM

Docket 0 VQOS-88451 8%722Ust of Unleased Owners/Claimants

Acres in Unit

This un/I ia 100N Leased an/1/or has an Agreement In place.

Percerrt ofUnit

Page 1 of 1 11/18/2009

Exhibit EUNIT P48

Docket ¹VGOB-!MM18184722List of Confgctlng Owners/Claimants that require escrow

Acres in UnitPement of

Unit

Them em no further con¹lcls, account closed.

Page 1 of 1

VIRGINIA:

BEFORE THE VIRGINIA GAS AND OIL BOARD

IN RE:

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBER —VACATE ORDERVGOB 99-0518-0722

ELECTIONS: UNIT P-46(herein "Subject Drilling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sua sponre in the form authorized by the Board at hearings held

on February 15, 1994 and June 16, 1992; and this Supplemental Order is being recorded for the purpose ofsupplementing the Order previously in the captioned matter on June 28, 1999 which was recorded at Deed Book

494, Page 49 in the Office of the Clerk of the Circuit Court of Buchanan County, Virginia, on July 2, 1999, (herein

"Board Order" ) and completing the record regarding elections.

Findinas: The Board finds that:

The Board Order directed CNX GAS COMPANY LLC (herein "Designated Operator" ) to mail copies of the

Board Order to all Respondents whose interests, if any, were pooled by the said Board Order;

The Designated Operator filed its affidavit of elections disclosing that it had mailed a true and correct copy of the

Board's Order to all Respondents whose interests, if any, were pooled by said Board Order,

The Board Order required each Respondent whose interests, if any, were pooled by the terms of said Board Order

to make an election within thirty (30) days after the date of mailing or recording, as applicable, of said Order; the

affidavit of elections filed herein and annexed hereto as Exhibit A states: (i) whether each Respondent has made orfailed to make a timely election; (ii) the nature of any election(s) made; and (iii) whether, by reason of a failure toelect or to timely elect one or more Respondents are deemed, under the terms of the Board's Order, to have leased

all their rights, title, interests, estates and claims in Subject Drilling Unit to the Applicant;That the affidavit of elections annexed hereto with the Exhibits submitted therewith identifies the Respondent(s)

making a timely election, if any; identifies the Respondent(s), if any, who are deemed to have leased; identifies the

conflicting interests and claims which require escrow; identifies the interests and claims, if any, requiring escrowunder Virginia Code section 45.1-361.21.D.;and identifies the Respondents, if any, who may be dismissed byreason ofhaving leased or entered into a voluntary agreement with the Applicant.

The affidavit of elections indicates whether or not the escrow of funds is required with regard to Unit P-46;

Order: By this Order, the Board orders that its prior pooling order entered herein be vacated for the reason that

all owners and claimants to CBM in the Unit have agreed with the Applicant to develop same and that any and all

funds escrowed with the Board's escrow agent be disbursed to the Board's Designated Operator to pay or suspend asthe terms of the agreements by and between the Applicant and the owners and claimants may require and allow.

Mailina of Order and Ffiina of Affidavit: The Designated Operator under the captioned Order or shall file an

affidavit with the Secretary of the Board within ten (10) days alter the date of receipt of this Order stating that a true

and correct copy of this Order was mailed to each Respondent whose interests or claims are subject to escrow andwhose address is known within seven (7) days fium the date of receipt of this Order.

VIRGINIA:

Exhibit A

BEFORE THE VIRGINIA GAS AND OIL BOARD

Application of CNX Gas Company LLC for Forced Pooling of Interests in CBM P-46VGOB 99-0518-0722 in the Garden Magisterial District of Buchanan County, Virginia

AFFIDAVIT OF CNX GAS COMPANY LLC (herein "Designated Operator" ) REGARDING ELECTIONS,ESCROW AND SUPPLEMENTAL ORDER

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

That your affiant is employed by CNX Gas Company LLC, as a Pooling Supervisor and is duly authorized tomake this affidavit on behalf of CNX GAS COMPANY LLC, the designated operator,

That the Order entered on June 28, 1999,by the Virginia Gas and Oil Board (hereinaffer "Board") regarding thecaptioned CBM Unit required the Applicant to mail a true and correct copy of said Order to each person pooled bythe Order;

That within seven (7) days of receipt of an executed copy of the Order referred to at paragraph 2. above, youraffiant caused a true and correct copy of said Order to be mailed via the United States Postal Service to eachRespondent named in the captioned Application, whose address was known, and to all persons, if any, who wereadded as Respondents at the hearing held in the captioned matter; that proof of such mailing has previously beentendered to the Division of Gas and Oil, the Office of the Gas and Oil Inspector, at Abingdon, Virginia;

That the Order of the Board in the captioned matter required all persons pooled thereby to tender their writtenelections to the Unit Operator within thirty (30) days of the date the Order was recorded in the counties identifiedabove; that said Order was recorded on July 2, 1999;

That the designated operator CNX GAS COMPANY LLC has established procedures to review all mailreceived and all written documents received other than by mail to ascertain whether parties whose interests havebeen pooled have made a written election, in a timely fashion, as required by the captioned Order; that saidprocedures were followed to identify the elections, if any, made with regard to the Subject Unit; that the followingpersons delivered, by mail or otherwise, written elections the Unit Operator, within the thirty day elections period:

None

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

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

Conclusion: Therefore, the findings and all terms and provisions set forth above be and hereby are granted andIT IS SO ORDERED.

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

DONE AND EXECUTED this day of , 2009, by a majority of the Virginia Gasand Oil Board.

Chairman, Bradley C. Lambert

DONE AND PERFORMED THIS day of , 2009, by Order of the Board.

David E. Asbury, Jr.,Principal Executive to the Staff of the Board

STATE OF VIRGINIACOUNTY OF WASHINGTON

Acknowledged on this day of , 2009, personally before me a notarypublic in and for the Commonwealth of Virginia, appeared Bradley C. Lambert, being duly sworn did depose andsay that he is Chairman of the Virginia Gas and Oil Board, and appeared David E. Asbury Jr., being duly sworn diddepose and say that he is Principal Executive to the Staff of the Virginia Gas and Oil Board that they executed thesame and were authorized to do so.

Diane J. Davis, Notary174394

My commission expires: September 30, 2013

That in light of the Agreement(s) described above, it is no longer necessary for the Board to maintain an escrow

account/sub accounts ptaining to the above referenced CBM Unit, if applicable.

That pursuant to the provisions of VAC 25-160-70.A.IO. and C. and VAC 25-160-80 the annexed supplemental

order sets forth the interests and claims that require escrow of funds pursuant to Virginia Code sections 45.1-361.21.D.and 45.1-361.22.A.3.and 4.

D ld fil 0 Id W 9'0'fifii dy f btdd™ 2009

Anita D. Duty

STATE OF WEST VIRGINIACOUNTY OF MERCER

Taken, subscribed and sworn to before me by Anita D. Duty as a Pooling Supervisor for CNX Gas Company

LLC, on behalf of the corporate Designated Operator, this ~I%%day of h/OtlCFFt

hfdf,

2009.

NO1shbt

My commission expires: )teer.' 9 al0 I70 /

OFFgcugt SEANOTARY PU

STATE OF WEST WMEUSSA cussCNX QAS COMFAS~t JOHN NASHatuamato, wVHr Demmlfimfifi Dfisafi

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LEGEND

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UNIT .P4~'ocalcntas Cas ~> .ne enic ee: HCme n r NurrberCorraany

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POCAHONTAS GAS PARTNERSHIPUNIT P46

Tract htentiflcstlons

Mary McNeil - FeeCoal Lessee

None of Record1.01 acres 1.25251t

Ron Clybome Tr2-Coal Above Jawbcne Seam, Ol 5 GasReserve Coal Properles - Coal Jawbore Seam and Below

Coal LesseesJewel Ridge Coal Corp.- Jawbone Seam and abovePocahontas Gas Partnership - Oi & Gas LesseePocshontas Gas Partnership - CBM LeasedReserve Coal Pro paries -Surhcs41.97acres 52 4625%

Jranes iVL McGuire Trust- Coal, Ol &, GasCoal Lessees

Reserve Coal Properles -Beknv drainage coal LesseeJewel Ridge Coal Corp.- Jawbone and Tiler SeamsPocahontas Gas Partnership - CBM Leased3.10acres 3.8750%

James IVL McGuks Trust- Coal, Oil & GasCoal Lessees

Resave Coal Properles- Below drainage coal LesseeJewel Ridge Coal Corp.- Jawbone and Tiller SeamsPocahontas Gas Partnership - CBM Leased0.13acres 0.1025%

Southern Region Industrial Realty Corp. Et al. Tr. 1 - Coal. Oil & Ges (except P-3seam)'esrave

Coal Properles -'(Owner P-3 Seam)Coal LesseesAnksr Vhgtnhr Mining Company inc. -Al sesrns recept p-3, Raven, Tiler and Lower SeaboardJewel Wdge Coal Corporathn - Reran. Tiler and Lower SeaboardPocahontas Gas Partnership - Ol & Gas LesseePocahontas Gas Partnership - CBM Lessee33.54acres 42.0500%

C. L Ritter Lumber Company Tr. 27 - Coal, Oi & GasCoal Lessees

Reserve Coal Properles - Below drainage coal LassesJewel Ridge Coal Corp: Jswbcns and Tiler SeamsPocahontas Gas Partners 'p- CBM Leased0.15acres 0.1875%

'Page 1

Exhibit 8-2UNIT P~

Docket ¹VGOB - 994k)184)722List of Respondents to be Dismissed

Acres in UnitPercent of

UnitReason forDismissal

I. COAL. OIL S GAS OWNERSHIP

Tract ¹f. f.¹f scms

(1) Mary McNeil Heirs, Devisees,Successors of Assigns

(s) Daris Clifion3825 Griflith PlaceAlexandria, VA 22304

(b) Kyle Cliflon7319Graf(own Rd.Pal/fax Station, VA 22039

1.01 acres

0.084 acres1/12 of 1.01acres

0.084 acres1/12 of 1.01acres

1.26250%

0.10521% Leased

0.10521% Leased

Page 1 of 1 11/18/2009

Exhibit 8-3UNIT P48

Docket 8 VG018-88~184722List of Unleased Owners/Claimants

Acme in Unit

This unit ls 100M Leased anrgor has an Agreement In place.

Percent ofUnit

Page 1 of 1 11/18/2009

Exhibit EUNIT PXS

Docket ¹VGOB-66461 64722List of Conflicting Ownem/Claimants that require escrow

Acres In UnitPercent of

Unit

There am no further conflicts, account closed.

Page 1 oi1

DIVISIONS

ENERGY

GAS AND OIL

GEOLOGY AND LSNERAL RESOURCESMINED LAND RECLAMATION

MINERAL MINING

MINES

ADMINISTRATION

t

November 23, 2009

Department ofMines, Minerals and EnergyP.O. Box Drawer 159Lebanon, VA 24266

(276) 415-9650 FAX (276) 415-9671www.dmme.virginia.gov

Anita DutyCNX Gas Company2481 John Nash Blvd.Bluefield, WV 24701

Dear Ms. Duty:

This office is in receipt of a supplemental order for docket 00-0518-0722 requesting thatthe order be vacated for the reason that, "...all owners and claimants to CBM in the unithave agreed with the applicant to develop same and that any and all funds escrowed withthe Board's escrow agent be disbursed to the Board's designated operator to pay orsuspend as the terms of the agreements by and between the Applicant snd the owners andclaimants may require and allow."

It is the opinion of this office that the operator, CNX Gas Company, will need to preparea disbursement order and place the item on the Board's agenda providing testimonyregarding this matter for consideration and action by the Board.

Please be advised that this matter will be placed on the January 2010 docket forconsideration.

Thank you,

Diane DavisProgram Support Specialist

Attachment

c; FileCairmsn, Virginia Gas and Oil BoardDavid Asbury

EQUAL OPPORTUNITY EMPLOYERTDD (800) 828-1120 ——Virginia Relay Center