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Septeirler2004 87TlEn~imCarpuraticn *LuJaliryRdazseA~ra:tia: ~ PabeS <br />3.0 LIABILITY RELEASE SUMMARY <br />Empire's predecessors developed and operated the portion of the Eagle No 5 Mine west of Staze <br />Hrghway 13 during the early 1970's through the early= to mid-1980's. Advance room and pillar <br />minurg methods were used in this area and ground conditions were good, requiring limited ground <br />support. It is az least 19 years since any underground mining has occurred in this area and, based on <br />both historic descriptions and recent visual inspections, little or no visible surface subsidence has <br />occurred over the 5 Mine western worlflngs. An evaluation of curreru and future subsidence potential <br />based on coal seam thiclffress, the configuration and depth of the 5 Mine underground worlflrtgs, and <br />the nature of the geologic strata overlying and underlying the coal seam, indicazes negligible potential <br />for future subsidence for the modified liability release area. <br />Given that Empire has completed mining in the subject area and does not anticipaze any future <br />miasma, and thaz little or no visible surface subsidence has or is reasonably anticipazed to occur in this <br />area; consistent with applicable regulatory provisions for liability release under Rules 3.03.1(2)(a) and <br />(b) and the CDMG's Policy Memorandum relative to "Release from Liability of Areas Overlying <br />Underground Coal Mine Worlsings°, Empire respectfully requests CDMG approval fon <br />Release of liability for surface subsidence effects due to underground mining for areas <br />totaling approximately 615663 acres overlying the underground worlflngs associated with the <br />Eagle No. 5 More on the west side of Staze Highway 13, as described in Section 2.1 and <br />shown on Map 1, of this submittal. <br />Because there is no bonding requirement for underground mine worlartgs, the requested liability <br />release will not affect the current bond amount. <br />BTUEr~pim Crnpwuaa: * 29515 RCR 27 Q,k Cry, GO80467 * (970f 870-2712 <br />cE„odc~ro~c~ayxe~m <br />ai+aia~ <br />Re+ise.1- QYO1xr 2004 <br />