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Se~r~er2004 B77JE~'me Cw7wrmiwz *LiabilityRelezseApp'~oiiwn ~ Pabe4 <br />In order to assess current conditions and the future potential for any significant surface subsidence of <br />lands overlying the 5 Mine western workings, Empire commissioned an evaluation of subsidence <br />potential based on coal seam thickness, the configuration and depth of the 5 Mine underground <br />workings, and the nature of the geologic strata overlying and underlying the coal seam. The <br />subsidence evaluation,based on available geologic and mining reference infom~ation az presented in <br />Appendix C, indicates negligible potential for future subsidence except for one specific area which has <br />been removed from the proposed liability releaze area. <br />2.3 REQUIRED NOTIFICATIONS <br />Consistent with applicable provisions of Rules 3.032(1}(a) and (I}(b), Empire has developed a <br />proposed notification and list of recipients for the required notification of intern to seek liabilay <br />release and a proposed public notice for publication in the local newspaper. Copies of these <br />notification documents are included in this liability release request submittal as Appendix D. <br />877JEnyire Corporatun * 295T5 RCR 27 CLk Gam, Ct780467 * (970J 870-1711 <br />cF~de~dim. cw.'syxd®.tr <br />vranx'~ Retinal- Qralzr2004 <br />