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PQ_y <br />BTU ENP/RE CORPOIL~T/ON <br />January 21, 2005 <br />Ms. Janet Binns <br />Environmental Protection Specialist <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street -Room 2] 5 <br />Denver, Colorado 80203 <br />(303)866-4944 <br />701 Malkel6t16st <br />5~~3 <br />SL Louis, Missouri 6 31 01-1 8 26 <br />314.3423400 <br />Re: BTU Empire Corp. -Eagle Mines, Pending Liability Release SL-2, Responses to Initial <br />Adequacy Questions <br />Dear Ms. Binns: <br />In response to your initial adequacy questions on our pending liability release application submittal, as <br />discussed during our recent phone conversation, we submit the accompanying responses and <br />associated supporting materials. Our responses are provided in a commenUresponse format to <br />facilitate your review. <br />It is important to note that in response to Comment 3, we have delineated a regular polygonal shape <br />defining the liability release azea. Our approach involved identifying the approximate limits of the <br />angle of draw, based on mining depth, and then extending the corresponding boundary to the nearest <br />!G, ',4 line. This is a common approach used by many mine operators in Colorado to establish perntit <br />boundaries for underground mines which accounts for any errors in the assumed average angle of draw <br />and assures that all subsidence falls within the permitted azea. Based on the revised liability release <br />area boundaries, the liability release area has been reduced from approximately ],065 acres to 448 <br />acres. <br />We received your report on the recent liability release inspection and feel that it accurately <br />chazacterizes the conditions observed in the field and related conversations, to the extent our staff were <br />involved. We look forwazd to reviewing and working with you on any addition forthwming adequacy <br />comments, as referenced in the inspection report. Please feel free to contact me with any questions <br />regazding this submittal or to discuss any related matters at (970) 870-2712. We appreciate your <br />careful consideration and cooperation in reviewing and acting on our request for liability release in a <br />timely manner. <br />Best regards, <br />BTU Emtiire <br />~ /~~ <br />~~ <br />Jerry M. <br />Supervisor <br />cc: C. Burggraf/TCC M. Kegiey/Peabody Energy <br />M. Berdine/TCC R. Bassett/Holland & Hart, PC <br />