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Ray Bazker <br />763 NE Northlake Way <br />Seattle WA 98105 <br />Daniel Hernandez <br />Division of Minerals and Geology <br />1313 Sherman St Room 215 <br />Denver, CO 80203 <br />Jannet Binns <br />Division of Minerals and Geology <br />1313 Sherman St Room 215 <br />Denver, CO 80203 <br />David Berry <br />Division of Minerals and Geology <br />1313 Sherman St Room 215 <br />Denver, CO 80203 <br />Denver, CO 80203 <br />RE: -Empire- Permit C-81-044 <br />As you know, we own the surface and minerals of approximately 640 acres of land <br />located in Moffat County, Colorado, within the current boundaries of Permit C-81-044 <br />("Permit"). As stakeholders with considerable property holdings within the present <br />boundaries of the permit azea, we hereby formally protest the request of Empire Mining <br />Company ("Empire") that it be released from all future liability for potential damages to a <br />large amount of property within the current permit area caused by the Company's long <br />term coal mining operations. <br />We aze opposing the proposed liability release for several reasons. We are very <br />concerned that, contrary to the unsubstantiated statements of Empire Mining Company, <br />considerable potential remains for future damages to our property caused by Empire's <br />coal mining operations within and outside of the permit area. For example, despite the <br />fact that mining operations at the Cyprus Eagle Mine complex ceased in 1995, the entire <br />complex was ventilated and dewatered unti12003. Because of the physical changes that <br />will occur as water rises in the Mine, with the resultant potential for damages to the <br />overlying surface and/or the water systems in the azea, the starting date for monitoring of <br />this Mine complex should be 2003 rather than 1995. According to statements in the <br />original reclamation plan for the Cyprus Eagle Mine, flooding of the Mine after <br />dewatering activities cease may take up to 16 yeazs. (See page 2.05-44 of the original <br />reclamation plan). Thus, monitoring of the surface lands and water systems within the <br />current permit azea should continue until at least 2019, rather than being terminated as of <br />2004. It is our belief that a very serious potential for damage to our property exists, not <br />