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Septeirlxr2004 87TlErrpi>eCwporatim *LialnliryRdeueApp'ioancn ~ PabeS <br />3.0 LIABILITY RELEASE SUMMARY <br />Empire's predecessors developed and operated the portion of [he Eagle No 5 Mine west of Staze <br />Ilghway 13 during the early 1970's through the earlg to mid-1980's. Advance room and pillar <br />minutg 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 occrrred 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 worlangs. An evaluation of current and future subsidence potential <br />based on coal seam thiclatess, 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 />for future subsidence for the modified liability release area. <br />Given that Empire has complered nrururg in the subject area and does not anticipate any future <br />muring, and that little or no visible surface subsidence has or is reasonably anticipated to occtu in this <br />area; consistent with applicable regulatory provisions for liability release under Rules 3.03.1(2)(x) and <br />(b) and the CDMG's Policy Memorandum relative to "Release from Liability of Areas Overlying <br />Underground Coal Mine Worlflngs", Empire respectfully requests ®MG approval for. <br />Release of liability for surface subsidence effects due to underground mining for areas <br />totaling approximately 615 acres overlying the underground worlfltrgs associated with the <br />Eagle No. 5 Mine on the west side of State Hrghway 13, as descnbed in Settion 2.1 and <br />shown on Map 1, of this submittal. <br />Because there is no bonding requirement for underground mine worlvrgs, the requested liability <br />release will not affect the current bond amount. <br />B7TlEnPae Cap~raam *29SISRCR 17 Cbk Ga~lz, Q7B0467 *(970J 870-2712 <br />GE r~mdE godtWl Lmd'SJ Filmed. <br />6/IB/Mpm <br />Reosel- Qrdx~-2004 <br />