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Se[xen~er 2004 B7Z/ En}rire Cnrpvmka: *LiabilityRdesseApµ'iouioz ~ Pabe S <br />3.0 LIABILITY RELEASE SUMMARY <br />Empire's predecessor; developed and operated the portion of the Eagle No 5 Mine west of Staze <br />Hrghway 13 during the early 1970's through the early 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 years 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 workings. An evaluation of current and frrtrrre subsidence potential <br />based on coal seam thickness, the configuration and depth of the 5 Mule underground workings, 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 completed minting in the subject area and does not anticipaze any future <br />minim, and that little or no visible surface subsidence has or is reasonably anticipazed 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 Workings",Empire respectfully requests CDMG approval foc <br />Release of liability for surface subsidence effects dt~e to underground m~n~ a for areas <br />totaling approximately 61"x663 acres overlying the underground workings associated with the <br />Eagle No. 5 Mine on the west side of Staze I-Lgltway 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 />B77JEnpire Carporsrtiat * 29515 RCR 27 CLk Crm~z, CY}80467 * (970) 870-2712 <br />c:~imdc.~wzo9at:,ddryxA~.di <br />aneia„~., <br />Rerisgl - QYdxr 2004 <br />