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Sepr~dxr 2004 B7TI E moire Cwporaacn * LiabiliryRdesseAppimtirn ~ Pabe 4 <br />Tn order to assess current 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 mining reference information as presented in <br />Appendix C, indicates negligible potential for future subsidence except for one specific area which has <br />been removed from the proposed ]iabiliryrelease area <br />2.3 REQUIRED NOTIFICATIONS <br />Consistem with applicable provisions of Rules 3.032(1)(a) and (1)(b), Empire has developed a <br />proposed notification and list of recipienu for the required notification of invent to seek liability <br />release and a proposed public notice for publication in the local newspaper. Copies of these <br />notificazion documents are included in this liabilityrelease request submittal as Appendix D. <br />B77/EnpireCoipanstiar "19515 RCR 17Qrk Cry, Ci780467 *(970) 870.2772 <br />cF ~wt.,,*diw, cua, ^,. . <br />v~vai~.~ <br />Reu'sal- Qrdx'2004 <br />