REV09878

• Permit No: C1981044
• IBM Index Class Name: Revision
• Doc Date: 10/25/2004
• Doc Name: Attachments and Revised SL02 App Pages
• From: BTU Empire
• To: DMG
• Type & Sequence: RN4
• Media Type: D
• Archive: No

Selxxerr)er 2004 87T/ E,tRire Cu~poratim "LiabiliiyR~SrseApµ'ieaam ~ Pabe 1
1.0 INTRODUCTION
Wnh this request, BTU Empire Corporation (Empire, formerly RAG Empire Corporation) seek
approval from the Colorado Division of Minerals and Geology (CDMG) for a release of liability for
surface subsidence effects due to underground coal rnini~ for underground mine workings on the
west side of Staze I~ighway 13 associated with the historic Eagle No. 5 Mine (5 Mine). The State of
Colorado, through the Division of Minerals and Geology (®MG) -Department of Natural
Resources (DNR), has permitted the Eagle Mines, which includes the Eagle No. 5, 6, and 9 Mures,
and associated support facilities and structures,
The DNR currently holds a reclamation bond in the amoautt of $3,554,044 as surety for final
reclamation of surface facilities disturbance associated with the Eagle Mines underground operations.
There is no bonding requirement for underground mine workings however, under applicable
Colorado law and regulations, Empire currently retains liability and responsibility for any surface
subsidence effects which may restilt from underground Honing operations. The Eagle (or Wise Hrll)
No. 4 Mine, also located on the west side of Highway 13, was developed operazed, closed, and
associated surface dsturbance reclaimed prior (pre-law) to promulgation of the Surface Miming
Control and RecLlmation Act (SMCRA) in 1978, so there u no liability associated with this mine.
Underground muting in the portion of the 5 Mine on the west side of State Hnghway 13 occurred
between the early 1970's and early to mid-1980's, when operations shifted to the east side of the
1Tigltway. Operations in this portion of the 5 Mine were generally limned to advance room and pillar
ntinirrg with very limited retreat mututg, so pillars of coal remained following completion of mining to
support the mine roof. Based on both historic descriptions and recent visual inspections, little or no
surface subsidence has occatrred over the Eagle No. 5 western mine workings and a recent subsidence
evaluation indicates negligible potential for future subsidence in all but one area
1.1 OPERATOR INFORMATION
BTU Empire Corporation is the permittee of record for the Eagle Mines and the applicabn under this
request for liabilityrelease. Empire's corporate address u:
BTUEmpire Corporation
29515 Routt CoamtyRoad 27
Oak Creek, Colorado 80467
The contact forthis request is: Jerry Nettleton, Environmental Supervisor- [phone]
1.2 PERMIT INFORMATION
The Eagle Mines are inactive underground coal mines that are currently in temporary cessation, with
site activities limited to minor reclamation and ongoing monitoring and maintenance. The Eagle
Mines are pemaitted under an approved Mining and Reclamation Pemut (Pemtit No. G81-044) with
the Colorado Division of Minerals and Geology (CDMG). The perntit was originally approved and
issued on September 2, 1983 and was subsegarerrtly renewed on January 9, 1988 and October 23,
2000. Empire has applied for CDMG approval of Permit Renewal No. RN 04 (12/11/03). A
decision on the renewal is currently pending resolution of a surface righrof-entry issue.
B7Z/ E moire Crnpamriai "29515 RCR 27 CLh Gam, CO 80467 * (970) 87427]2
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Rerisel - Qtdxi 2004