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MAY-11-2005 WED 02 03 PM dept of int <br />November 23, 2004 <br />BTU Empire Corporation B'l'U) <br />701 Market Street <br />Suite 733 <br />St. Louis, MO 63101-1826 <br />(314) 342-3400 <br />FAX N0. 3038441545 <br />Eagle 5 & 9 Mines, Permit No. C-1951-044 <br />Bond Release Application SL-2, <br />Surface subsidence effects /liability release inspection. November I8 & 19, 2004 <br />Participants: <br />Brad Barker, Landowner <br />Rob Ernst, U.S. Dept. of Interior, Bureau of Land Management (BLM) <br />Rocky Thompson, Twentymile Ccal Company, (representing BTU) <br />Sandra White, 'Iwentymile Coal Company, (representing BTU) <br />Tonic Folks, Kennecott j~nergy> Colowyo Mine <br />Janet Binns, Colorado Division of Minerals & Geology (DMG) <br />Dan Hernandez, DMG <br />Henry Austin, U. S. Dept. of Interior., Office of Surface Mining (OSM) <br />I participated in the above bond release inspection with the individuals noted. OSM was <br />noti ,feed of this inspection via October 28, 2004, letter from DMG-Janet Binns. This bond <br />release application proposes to reduce or terminate liability only (no bond money release <br />requested) for surface subsidence effects on lands above the Eagle No. 5 and No. 5A <br />Mines, west (of highwayl3) historical underground mine workings (approx. 665 acres- <br />Oct. 8, 2004, BTU letter to DMG).The Eagle Mine No. S, and No 5A portals, were scaled <br />in 1997 and 2003 respectively. This is a federal mine (federal coal and/or federal surface <br />lands contained within the permit area) and OSM coordinated with the BLM (see Rob <br />Ernst listed above) office in Craig, CO, regarding review of this liability release <br />application. <br />1 provided a copy of the application (without maps) to Mr. Ernst on November 17, 2004, <br />and Mr. Ernst indicated he would p~uticipate in the November 18, inspection. No BLM <br />surface lands are within the acreage described for liability release in this application. <br />No other Federal Land Management agencies are involved in the surface acreage being <br />evaluated for release. <br />B',"'J's final affidavit of public&tiar~ for reyaired legal naticcs, landowner mailing list <br />cZL certified mail~receipts, and other required notifications are documented within the <br />October 8, 2004, BTU letter to DMG: "BTU Empire Corp-Eagle Mines. Liability Release <br />Revisions and Notice Documentation", hereby included by reference. This letter also <br />references ±he "Lval~!ation of Current and Future Subsidence Potential" final report to be <br />forwarded to DMG upon completion, and hereby included by reference. This report was <br />briefly discussed during the inspection. <br />P, 05 <br />