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Septarlrr 1004 B7Z/ E »yi>e Corporaiim * LiabiliryRa'aaeApl.~imtrai ~ Pale 5 <br />3.0 LIABILITY RELEASE SUMMARY <br />Empire's predecessors developed and operated the portion of the Eagle No 5 Mine west of State <br />I-~gltway 13 dining the early 1970's through the early- to mid-1980's. Advance room and pillar <br />mining methods were used in this area and ground conditions were good, requiring limited ground <br />support. It is at 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 />occtured over the 5 Mine western worllflnngs. An evaluation of current and future subsidence potential <br />based on coal seam thiclmess, the configuration and depth of the 5 Mine underground worlarrgs, and <br />the nature of the geologic strata overlying and underlying the coal seam, indicates negligible potential <br />forftnure subsidence forthe modified liabiliryreleaze area <br />Given that Empire has completed mining in the subject area and does not anticipate any future <br />minim, and that little or no visible surface subsidence haz or is reasonably anticipated 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 Worldngs°, Empire respettfully requesu GDMG approval for. <br />Release of liability for surface subsidence effects due to underground mining for areas <br />totaling approximately 615 acres overlytng the uncle sround worlliinngs associated with the <br />Eagle No. 5 Mine on the west side of Staze Highway 13, az described in Section 2.1 and <br />shown on Map 1, of this submittal <br />Because there is no bonding requirement for underground mine worlangs, the requested liability <br />release will not affect the current bond amount. <br />B7ZJE»yi>e C.aporaiim * 19515 RQ{ 17 Chk C~z, CD 80467 *(970f 870.1711 <br />ct'. a do ~ a a c w:t y a. m e~ <br />B/)d/Mpm <br />Reusel- Q~o~zs 2004 <br />