VIRGINIA:

BEFORE THE VIRGINIA GAS AND OIL BOARD

SUPPLEMENTAL ORDER REGARDING DOCKET NUMBERVGOB 09-0818-2577

ELECTIONS: UNIT BF-99(herein Subject Drilling Unit)

REPORT OF BOARD

FINDINGS AND ORDER

This Supplemental Order is entered by the Board sua sponte in the form authorized by the Board athearings held on February 15, 1994 and June 16, 1992; and this Supplemental Order is being recorded forthe purpose of supplementing the Order previously in the captioned matter on November 4, 2009 whichwas recorded at Document 090003749 in the Office of the Clerk of the Circuit Court of Buchanan County,Virginia, on December 4, 2009, (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 ofthe 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 correctcopy 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 saidBoard Order to make an election within thirty (30) days afler the date of mailing or recording, asapplicable, of said Order; the affidavit of elections filed herein and annexed hereto as Exhibit A states: (i)whether each Respondent 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 aredeemed, under the terms of the Board's Order, to have leased all their rights, title, interests, estates andclaims in Subject Drilling Unit to the Applicant;

That the affidavit of elections annexed hereto with the Exhibits submitted therewith identifies theRespondent(s) making a timely election, if any; identifies the Respondent(s), if any, who are deemed tohave leased; identifies the conflicting interests and claims which require escrow; identifies the interests andclaims, if any, requiring escrow under Virginia Code section 45.1-361.21.D4 and identifies theRespondents, if any, who may be dismissed by reason of having leased or entered into a voluntaryagreement with the Applicant.

The affidavit of elections indicates whether or not the escrow of funds is required with regard to UnitBF-99;

Order: 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 affidavit of elections withExhibits thereto, any funds subject to escrow and instructs the Escrow Agent, First Bank Jb Trust CompanyPO Box 3860 Ringsport, TN 37664, Attn: Debbie Davis or any successor named bythe Board to establishinterest bearing escrow account(s), IRS Tax Identification Number 54-1629506, in accordance with theinformation set forth in the affidavit of elections with Exhibits thereto, to receive funds and account to theBoard therefore.

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

an affidavit with the Secretary of the Board within ten (10) days atter 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 claimsare subject to escrow and whose address is known within seven (7) days &om the date of receipt of this

Order.

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

granted and IT IS SO ORDERED.

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

2010, by a majority of theDONE AND EXECUTED this ~ day ofViry'nia Gas and Oil Board. cJ Q

c. M~DONE AND PERFORMED THIS ~C> day of I) D4,2010, by Order of the Board.

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

STATE OF VIRGINIACOUNTY OF RUSSELL

Ak Idgd thi Body f lAZ4 2010, personally before me anotary public in and for the Commonwealth of Vjnia, appetued Bradley C. Lambert, being duly sworndid depose and say that he is Chairman of the VHfinia Gss and Oil Board, and appeared David E. AsburyJr., being duly sworn did depose and say that he is Principal Executive to the Staff of the Virginia Gas andOil Board that they executed the same and were authorized to do so.

Diane J.Davis, Notttry174394

My commission expires: September 30, 2013

That after the pooling hearing held in the captioned matter, the following persons have leased or enteredinto 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 aresubject to escrow, they should be dismissed as respondents; the Operator requests that the followingpersons be added or dismissed as Respondents:

None

That the persons identified in Exhibit EE attached hereto have entered into royalty split agreements thatallow the Applicant/Designated Operator to pay them directly without the need to escrow funds whichwould otherwise be in conflict.

See attached Exhibit EE

That pursuant to the provisions of VAC 25-160-70.A.IO. and C. and VAC 25-160-80 the annexedsupplemental order sets forth the interests and claims that require escrow of funds pursuant to VirginiaCode sections 45.1-361.21.D.and 45.1-361.22.A.3.and 4.

Dated at Bluefield, West Virginia, this P day of ~ I m, 2010

STATE OF WEST VIRGINIACOUNTY OF MERCER

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

LLC, on behalf of the corporate Designated Operator, this ~day of .Yu.litI

, 2010.

My commission expires: /4r'. I 9 Qfll h.I I

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Name and Number UNIT BF99

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N 290,264.38N 290,205 98 '

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EXHIBIT Ar TrI~99LING8-2577

CNX Gas Company LLCUNIT BF-99

Tract bdentiScations(58.76here Unit)

1A. Harrism-Wyatt, LLC, Big hxe Tract 11-8(416.00here Tract) —CoalJewell Smoheless Coal Corporation —Above Drainage Coal LeasedCNX Gas~LLC —CBM LeasedCNX Gas Company LLC —Surface and AB Minerals except Coal15.70 acres 26.7098%

1B. Benison-Wyatt, LLC, Big Axe Tract 11-8(416.00here Tract) —CoalJewel) Smohebun Coal Corporation —Above Drainage Coal LeasedCNX Gas~LLC —CBM LeasedHampton E.Austin, et ux —Ibzrface and All Minerals except CoalCNX Gas Company LLC —Oil, Gas and CBM Leased41.11acres 69.9888%

1C. Harrison-Wyatt, LLC, Big Axe Tract 11-8 (416.00Acre Tract) —CoalJewell Smakeless Coal Guporation —Above ~Coal LeasedCNX Gss Company LLC —CBM LeasedHampton E.Austin, et ux OR Commonwealth of Virginia —All Minerals exoept CoalCNX Gas Company LLC —Oil, Gas and CBM Leased Qf owned by Hampton E.Austin, et ux)Commonwealth of Virginia —Surface1.15acres 1.9564%

2. Hanism-Wyatt, LLC, Big Axe Tract 10 (280.00Acre Tract) —All MmeraisCNX Gas Company LLC —Oil, Gas and LeasedCurtis Austin, et ux —Surface0.82 acres 1.8950%

Pose 1 cf 1

Exhibit BGUnit BF4B

Docket ¹VGOB 094B18-2577List of Unleaaed Ownem/Claimants

(SS.TSAcre Unit)

Acres in UnitPercentof Unit

S. OIL & GAS OWNERSHIP

Ttect¹fC 1.1$ectee

(1) Commonwealth of Virginia

Dspartllient of Tiansporlalioli870 Bonham Rd.Bristol, VA 24201-2002

1.15 acres 1 95641t

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Exhibit EUnit BF-99

VGOB¹ 094)818-2577List of Conflicting Owners/Claimants that require escrow

(58.78 Acre Unit)

Acres in UnitPercentof Unit

Tract ¹1C .1.15serac

Escrow due to tiVe conflict

COAL OWNERSHIP

(1) Harnson-Wyatt, L.L C (Big Axe Tr.11-3)P.O Box 11000Danvgle, VA 24543(416.00Acre Tract)

I 15 acres I 9564%

OIL 8 GAS OWNERSHIP

(1) Hampton E Austin, et ux

2615 Old Gnssom Creek RoadHonaker, VA 24260

1 15 acres 1 9564%

- OR-

(1) Commonwealth of Virginia

Department of Transponation870 Bonham RdBnstol, VA 24201-2002

1.15acres I 9564%

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Exhibit EEUnit BF-99

Docket ¹VGOB 09-0818-2577List of Conflicting OwneralCI¹imants with Royalty Split Agreements

(58.78 Acre Unit)

Acres in UnitPercentof Unit

Tract ¹1A - 18.70 arras

COAL OWNERSHIP

(1) Hamson-Wyatt, L.L.C. (Big Axe Tr 11-3)P.O. Box 11000Danviae, VA 24543(416 00 Acre Truer)

OIL 8 GAS OWNERSHIP

15 70 acres 26 7D98%

(1) CNX Gss Company LLC2481 John Nash BlvdBluefield, WV 24701

15 70 acres 26.7098%

Tract ¹1B .41 11am c

COAL OWNERSHIP

(1) Harnson-Wyatt, L L C (Big Axs Tr 11-3)P 0 Box 11000Danvi5e, VA 24543(416.00Acre Tract)

OIL 8 GAS OWNERSHIP

41 11 acres 69 9386%

(1) Hampton E Austin, et ux.2615 Old Grissom Creek RoadHonaker, VA 24260

41 11 acres 69 9388%

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Page 1 of I 7/15/2010