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Septe~>1xr 2004 B7Tl Errpire C'rnpomtiaz * LiaGilityRelmseApµ'imiim ~ Pale 4 <br />In order to assess currem conditions and the future potential for any significant surface subsidence of <br />lands overlying the 5 Mine western workings, Empire commissioned an evaluation of subsidence <br />potential based on coal seam thickness, the configuration and depth of the 5 Mine underground <br />workings, and the nature of the geologic strata overlying and underlying the coal seam The <br />subsidence evaluation,-~-based on available geologic and minino reference information; ~ <br />presented in Appenduc£~xhil~ C, indicates negligible potential for future'subsidence~xceps for onC~r <br />specific area which has been removed from the proDOSed Lability release area., <br />2.3 REQUIRED NOTIFICATIONS <br />Consistent with applicable provisions of Rules 3.03.2(1)(a) and (1)(b), Empire has developed a <br />proposed notification and list of recipients for the required notificazion of intent to seek liability <br />release and a proposed public notice for publication in the local newspaper. Copies of these <br />notification documents are included in this liability release request submittal as Appendix D. <br />B7Z/Enyire Crnporatioz * 29515 RC R 27 Qak CH~z, CL~ 80467 * (970J 870-2712 <br />cF.~„,~.nok c„ueya~~.d= <br />H/19/Mjrm <br />Reri<e!- Qtdxr 2004 <br />