Exhibit 2.10 PITTSTON COAL COMPANY 448 N. E. Main Street Lebanon, Virginia 24266 December 13, 2002 Alpha Land and Reserves, LLC c/o Alpha Natural Resources, LLC 406 West Main Street Abingdon, Virginia 24212 Ladies and Gentlemen: Reference is made to the Asset Purchase Agreement (the "Agreement"), dated as of October 29, 2002, as amended to but not including the date hereof, by and between Pittston Coal Company ("PCC") and Alpha Land and Reserves, LLC ("Buyer"). Capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement. PCC and Buyer desire to amend certain provisions of the Agreement and, in consideration of the mutual covenants, conditions and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The condition precedent to the obligations of PCC to consummate and cause the consummation of the transactions contemplated by the Agreement contained in Section 6.3(e) of the Agreement has been satisfied by the agreement of the parties to the form of Intercreditor Agreement attached to the Royalty Agreement as executed by the parties thereto on December 13, 2002. 2. The Schedules to the Agreement are hereby amended and restated in their entirety as attached hereto as Exhibit A. 3. Except as amended by this letter agreement, the Agreement shall continue in full force and effect. 4. This letter agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any executed counterpart of this letter agreement or other signature hereto delivered by a party by facsimile shall be deemed for all purposes as being good and valid execution and delivery of this letter agreement by such party. 1 Sincerely, PITTSTON COAL COMPANY By: /s/ Michael D. Brown ----------------------------------- Name: Michael D. Brown Title: Vice President - Development and Technical Resources ACKNOWLEDGED AND AGREED: ALPHA LAND AND RESERVES, LLC By: /s/ Eddie Neely ----------------------------------- Name: Eddie Neely Title: Vice President 2