**Exhibit 4.1****FIFTH SUPPLEMENTAL INDENTURE**     Fifth Supplemental Indenture (this “*Supplemental Indenture*”), dated as of May 1,2006, among Alpha Natural Resources, LLC (or its permitted successor), a Delaware limited liabilitycompany (the “*Company*”), Alpha Natural Resources Capital Corp. (“*Alpha Capital*” and, together withthe Company, the “*Issuers*”), the existing Guarantors (as defined in the Indenture referred toherein), Wells Fargo Bank, National Association, as trustee under the Indenture referred to below(the “*Trustee*”), and the following wholly-owned indirect subsidiary of the Company (the“*Guaranteeing Subsidiary*”): Progress Land Corporation, a Florida corporation.W I T N E S S E T H     WHEREAS, the Issuers have heretofore executed and delivered to the Trustee an indenture, datedas of May 18, 2004 (as supplemented by the First Supplemental Indenture thereto, dated as ofFebruary 1, 2005, the Second Supplemental Indenture thereto, dated as of March 30, 2005, the ThirdSupplemental Indenture thereto, dated as of October 26, 2005, and the Fourth Supplemental Indenturethereto, dated as of January 3, 2006, the “*Indenture*”), providing for the issuance of 10% SeniorNotes due 2012 (the “*Notes*”);     WHEREAS, the Indenture provides that under certain circumstances the Guaranteeing Subsidiaryshall execute and deliver to the Trustee a supplemental indenture pursuant to which eachGuaranteeing Subsidiary shall unconditionally guarantee all of the Issuers’ Obligations under theNotes and the Indenture on the terms and conditions set forth herein (the “*Note Guarantee*”); and     WHEREAS, pursuant to Section 9.01 of the Indenture, the Trustee is authorized to execute anddeliver this Supplemental Indenture.     NOW, THEREFORE, in consideration of the foregoing and for other good and valuableconsideration, the receipt of which is hereby acknowledged, the Guaranteeing Subsidiary and theTrustee mutually covenant and agree for the equal and ratable benefit of the Holders of the Notesas follows:     1. Capitalized Terms. Capitalized terms used herein without definition shall havethe meanings assigned to them in the Indenture.     2. Agreement to Guarantee. The Guaranteeing Subsidiary hereby agrees to provide anunconditional Guarantee on the terms and subject to the conditions set forth in the Note Guaranteeand in the Indenture including but not limited to Article 10 thereof.     4. No Recourse Against Others. No past, present or future director, manager,officer, employee, incorporator, member, stockholder or agent of the Guaranteeing Subsidiary, assuch, shall have any liability for any obligations of the Issuers or the Guaranteeing Subsidiaryunder the Notes, any Note Guarantees, the Indenture or this Supplemental Indenture or for any claimbased on, in respect of, or by reason of, such obligations or their creation. Each Holder of theNotes by accepting a Note waives and releases all such liability. The waiver and release arepart of the consideration for issuance of the Notes. Such waiver may not be effective towaive liabilities under the federal securities laws and it is the view of the SEC that such awaiver is against public policy.
 

 
     5. NEW YORK LAW TO GOVERN. THE INTERNAL LAW OF THE STATE OF NEW YORK SHALL GOVERN AND BE USEDTO CONSTRUE THIS SUPPLEMENTAL INDENTURE WITHOUT GIVING EFFECT TO APPLICABLE PRINCIPLES OF CONFLICTSOF LAW TO THE EXTENT THAT THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION WOULD BE REQUIREDTHEREBY.     6. Counterparts. The parties may sign any number of copies of this SupplementalIndenture. Each signed copy shall be an original, but all of them together represent the sameagreement.     7. Effect of Headings. The Section headings herein are for convenience only andshall not affect the construction hereof.     8. The Trustee. The Trustee shall not be responsible in any manner whatsoever for orin respect of the validity or sufficiency of this Supplemental Indenture or for or in respect ofthe recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiaryand the Issuers.[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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     IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Indenture to be duly executedand attested, all as of the date first above written.         Guaranteeing Subsidiary:           PROGRESS LAND CORPORATION           By: /s/ Vaughn R. Groves             Vaughn R. Groves, Vice President           Co-Issuers:           ALPHA NATURAL RESOURCES, LLC