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VIRGINIA:

BEFORE THE VIRGINIA GAS AND OIL BOARD

jiIBVISED SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 03-1216-1242

ELECI'IONS: UNIT BA-109(herein "Subject Drilling Unit" )

REPORT OF BOARD

FINDINGS AND ORDER

This revised Supplemental Order is entered by the Board sua sponre in the form authorized by the Boardat hearings held on February 15, 1994and June 16, 1992; and this Supplemental Order is being recorded for

the purpose of supplementing the Order previously executed in the captioned matter on March 29, 2004which was recorded at Deed Book 605, Page 609 in the Oflice of the Clerk of the Circuit Court of RussellCounty, Virginia, on April 2, 2004, (herein "Board Order" ) and completing the record regarding elections.

Findinas: The Board finds that:

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

The Designated Operator filed its affidavit ofelections disclosing that it had mailed a true and correct copyof 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 ofsaid BoardOrder to imdte an election within thirty(30) days after the date ofmaiTing or recording, as applicable, ofsaidOrder; the affidavit of elections filed herein and annexed hereto as Exhibit A states: (i) whether eachRespondent has made or failed 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 theterms of the Board's Order, to have leased afl their rights, title, interests, estates and daims in Subject DiglingUnit to the Applicant;

That the affidavit of elections annexed hereto with the Exhibits submitted therewith identifies theRespondent(s) making a timely clcction, if any; identifies the Respondent(s), if any, who are deemed to haveleased; identifies the conflicting interests and claims which require escrow; identifies thc interests and claims,if any, requiring escrow under Virginia Code section 45.1-361.21.D4and identifies the Respondents, if any,who may be ismisscd by reason of having leased or entered into a voluntary agreement with the Applicant.

The affidavit ofelections indicates whether or not the escrow of funds is required with regard to Unit BA-109;

~ctein 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 TrustPA1328,123 Broad Street, Philadelphia, PA 191091199,Attn: Rachel Ralferty or any uccessor named by theBoard to establish interest bearing escrow account(s), IRS Tax Identification Number 541629506, inaccordance with the information set forth in the affidavit ofelections with Exhibits thereto, to receive fundsand account to the Board therefore.

Mailina ofOrder and Filina ofAffidavit: The Designated Operator under the captioned Order or shall fde

an affidavit with the Secretary of the Board within ten (10)days after the date of receipt of this Order statingthat 8 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 (7) days from the date of receipt of thisOrder.

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

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

DONE AND EXECUTED this ~day of~r Jszcr, 2006, by a majority of the Virginia

Gas and Oil Board.

diatrmsn, Beng74. WampSTATE OF VIRGINIAcoorrlx op~p

Aclmowledged on this J8 day of~dr&, 2006, personallybefore me anotary publicin and for the Commonwealth ofVirginia, appea4d Benny IL 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 doSo.

My commission expires: PAOk 8

DONE AND PERFORMED THIS J9 day of~V>a4,2006, by Order of the Board./

Principal Executive to the Board

My commission expires: 4J~/~Qtk ++3>t 4

SI'ATE OF VIRGINIACOUNTY OF WASHINGTON

Acknowledged on this ~day of JAc~, 2006, personally before me a notarypublic in and for the Commonwealth ofVirginia appeared B.R.Wilson, being duly sworn did depose andsay that he is Director of the Division of Gas dt Oil Board and Principal Executive to the Board, that heexecuted the same snd was authorized to do so.

Diane J.Davlgx((fotaty

VIRGINIA: IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF RUSSELL COUNTY, 0 A, 2008.Tjtfs deed was Ibis day

presented in said ogcs, and upon Ihs csrtgcats of acknowledgment thereto annexed, admitted to record at ~o'lock ~, after payment of

8 ~ tsx imposed by Sec. 58.1-802.

Odginat returned this date to:0 '4 Ui S~TE TE: DOL1.IE M(gPT+ON /LE

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EXHIBIT A

MIDDLE RIDGE 1 FIELDUNIT BA-109

FORCE POOLINGVGOB-D3-1216-1242

Fcrm DGD-GO-TRev. 9/91

Ccepany CNX Gas Cceoanv LLC Wsl I Nome ond Nuober LiNIT BA109

Troct No. Elevation Duodranple Nanoker

County Russell District New Garden Scale: 1 = 400 Date I //jikThis plot is o new plot X : an updotsd plat or a 4inal plat '*

(Affl(Licensed Professional Engineer or Licensed Lond Surveyck~E

CNX Gaa Company LLCUnit BA-109

Tract Identifications(58.74Acre Unit)

Buckhom Coal Company (Warder ¹ 11Tr.) - FeeKnox Creak Coal Corporation - Above Drainage Coal LeasedCNX Gas Company LLC ~ OII, Gas and CBM Leased20JI3 acres 35A814%

Buckhorn Coal Company (Joseph S Lewis Cox 143.84Acre Tract) —All MineralsReserve Coal Properties Company- Below Drainage Coal LeasedKnox Creek Coal Corporagon —Above Drainage Coal LeasedCNX Gas Company LLC —05, Gas and CBM Leased16.89acres 28.4134%

2B.Fred B.Gent, et al —SurfaceFred B.Gent, et al - Surface

Buckhorn Coal Company (Jacob Fuller 439.04Acre Tract) - CoalKnox Creek Coal Corporation - Above Drainage Coal LeasedCNX Gas Company LLC - CBM LeasedOds Gamett Raids —Surface and All Minerals except CoalCNX Gas Company LLC —Oil, Gas and CBM Leased1186acres 19.6799%

3B. Buckhorn Coal Company (Jacob Fuller 439.04Acre Tract) - CoalKnox Creek Coal Corporadon - Above Drainage Coal LeasedCNX Gas Company LLC - CBM LeasedOtic J.Raids, et ux- Surface and All Minerals except CoalCNX Gas Company LLC —Oil, Gas and CBM Leased0.30 acres 0.5108%

3C Suckhom Coal Company (Jacob Fu8sr 439.04Acre Tract) - CoalReserve Coal Pro psrdes Company - Below Drainage Coal LeasedKnox Creek Coal Corpora5on - Above Drainage Coal LeasedCNX Gas Company LLC - CBM Leased

"Koaett 'C;Vie(de, et al'-'Suiface arid AIWllnemls except CoalCNX Ges Company LLC —Oil, Gas and CSM Leased6.66 acres 11~1%

3D. Suckhom Coal Company (Jacob Fuller 439.04Acr» Tract) - CoalReserve Coal Properties Company - Below Drainage Coal LeasedKnox Creek Coal Corporation - Above Drainage Coal LeasedCNX Gas Company LLC - CBM LeasedDiane Fields, et al - Surface and All Minerals except CoalCNX Gas Company LLC —05, Gas and CBM Leased2.13 acres 3.6261'/i

Page 1 of 2November 12, 2003

CNX Gaa Company LLCUnit BA-109

Tract identifications(58.74Acre Unit)

grlteal

3E. Buckhorn Coal Company (Jacob Fuller 439.04Acre Tract) ~ CoalReserve Coal Properties Company - Below Drainage Coal LeasedKnox Greek Goal Corporation - Above Drainage Coal LancedCNX Gac Company LLC - CBM LeasedMaggie Lee Dya - Surface and All Minerals except CoalCNX Gac Company LLC —05, Gas and CBM Leaced0.45 acres 0.7661%

3F. Buckhom Coal Company (Jacob Fuller 439.04Acre Tract) - CoalReserve Coal Properties Company - Below Drainage Coal LeasedKnox Creek Coal Corporation - Above Drainage Coal LeasedCNX Gss Company LLC - CBM LeasedFred B.Gent, et al - Surface and All Minerals except CoalCNX Gac Company LLC —Oil, Gas and CBM Leased (66%)0.06acres 0.1021%

Buckhom Coal Company (H. C. Stuart 405 Acre Tract) —CoalReserve Coal Properties Company- Below Drainage Coal LeasedKnox Creek Coal Corporation -Above Drainage Coal LeasedCNX Gas Company LLC —CBM LeasedRobert C. Raids, et al - Surface and All Minerals except CoalCNX Gas Company LLC-Oil, Gas and CBM Lsaced0.06 acres 0.1021%

Page 2 of 2November 12, 2003

Exhlhlt 8-2Ung BA-109

Docket NIGOB 63-1216-1242Ust of ResPondents to ha Dismissed

(58.74 Acre Unit)

Interest In

Ung Elecgon

g. OIL S GAS FEE OWNERSHIP

Tract SSF.g.gg acres

(1) Fred B. Gent, et ai.

(a) Fred B.Gent, DVM

16159 Lee HigtnrsfAhmgdon yA 24210.7961

0.06 acres

0.02 acres1/3 of 0.06acres

0.1021%

0.0340% Joint OperatingAgreement

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