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Sela'arc'er1004 B7Z1E»~ireCrnpaatiat "Liabe7iryRe'ezseApµ~xatiae ~ Page 1 <br />1.0 INTRODUCTION <br />Wnh this request, BTU Empire Corporation (Empire, fomrerly RAG Empire Corporation) seek <br />approval from the Colorado Division of Minerals and Geology (CDMG) for a release of liability for <br />surface subsidence effects due to underground coal mining for underground mine workings on the <br />west side of Staze Highway 13 associated with the historic Eagle No. 5 Mine (5 Mine). The State of <br />Colorado, through the Division of Minerals and Geology (CDMG) -Department of Natural <br />Resources (DNR), has pemtitted the Eagle Mines, which includes the Eagle No. 5, 6, and 9 Mines, <br />and associated support facilities and stnutures. <br />The DNR currently holds a reclamation bond in the amount of $3,554,044 as surety for final <br />reclantation of surface facilities disturbance associated with the Eagle Mines underground operations. <br />There is no bonding requirement for underground mine workings however, under applicable <br />Colorado law and regulations, Empire currently retains liability and responsibility for any surface <br />subsidence effects which may resuh from underground mining operations. The Eagle (or Wise Hrll) <br />No. 4 Mine, also located on the west side of Highway 13, was developed operated, closed, and <br />associated surface disturbance reclaimed prior (pre-law) to promulgation of the Surface Mining <br />Control and Reclamation Att (SMCRA) in 1978, so there is no liability associated with this mine. <br />Underground mining in the portion of the 5 Mine on the west side of State iTighway 13 occurred <br />between the early 1970's and early- to mid-1980's, when operations shifted to the east side of the <br />Highway. Operations in this ponion of the 5 Mine were generally limited to advance room and pillar <br />mining with very limited retreat mining, so pillars of coal remained following completion of mining to <br />support the mine roof. Based on both historic descriptions and recent visual inspections, little or no <br />surface subsidence has occurred over the Eagle No. 5 western mine workings and a recent subsidence <br />evaluation indicates negligible potential for future subsidence in all but one area. <br />1.1 OPERATOR INFORMATION <br />BTU Empire Corporation is the permittee of record for the Eagle Mines and the applicant under this <br />request for liabiliry release. Empire's corporate address is: <br />BTU Empire Corporation <br />29515 Rotas County Road 27 <br />Oak Creek, Colorado 80467 <br />The contact forthis request is: Jerry Nettleton, Environmental Supervisor- (970) 870-2712 <br />1.2 PERMIT INFORMATION <br />The Eagle Mines are inactive underground coal mines that are currently in temporary cessation, with <br />site activities limited to minor reclamation and ongoing monitoring and maintenance. The Eagle <br />Mines are permitted under an approved Mining and Reclamation Pemut (Pentvt No. G81-044) with <br />the Colorado Division of Minerals and Geology (CDMG). The pem»t was original}y approved and <br />issued on September 2, 1983 and was subsequently renewed on January 9, 1988 and October 23, <br />2000. Empire has applied for CDMG approval of Permit Renewal No. RN-04 (12/11/03). A <br />decision on the renewal is currently pending resolution of a surface right-of-entry issue. <br />B7Zl En~pim Cor/xnaum "29515 RCR 27 Cbk C+~, Cl7 80467 "(970f 870.2712 <br />c~,mdc~.nro.c~r°,- <br />H//d/Mjrm <br />Reusel - Qidxr 2004 <br />