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Septarter1004 BTUE»pimGnpuraym *LiaGiliryRdaueApµ'iaum ~ PabeS <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 />Highway 13 during the early 1970's through the eazly~ 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 }ears 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 current and future subsidence potential <br />based on coal seam thicluress, the configuration and depth of the 5 Mine underground worlangs, and <br />the nature of the geologic strata overlying and underlying the coal seam, indicates negligible potential <br />for future subsidence for the modified liabilty release area. <br />Given that Empire has completed mining in the subject area and does not anticipate any future <br />mining, and that little or no visible surface subsidence has 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 Worltings",Empire respectfully requests CDMG approval for. <br />Release of liability for surface subsidence effects due to underground mining for areas <br />totaling approximately 615 acres overlying the underground worltirrgs associated with the <br />Eagle No. 5 Mine on the west side of State I~igltway 13, as descnbed in Section 2.1 and <br />shown on Map 1, of this submittal. <br />Because there is no bonding requirement for underground mine workings, the requested liability <br />release will not affect the current bond amount. <br />87TJEnpue Caprnnarn * 29515 RC7t 27 Qrk Creek, C,1780467 *(970) 870.27]2 <br />rh~dc.,,~ow c:o-c~,xd~.m <br />,~,~p„ <br />Rerise~- CYit~er 2004 <br />