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Septer1zr2004 B7T/E»pi~eCrnpwatim *LiabilityRaezseApp~itauu~ ~ PabeS <br />3.0 LIABILITY RELEASE Sd1MMARY <br />Empire's predecessors developed and operated the portion of the Eagle No 5 Mine west of State <br />T~ghway 13 during the eazly 1970's through the earlg to mid-1980's. Advance room and pillar <br />nrirrirrg 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 mini a 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 worlflngs. An evaluation of aurent and f trture subsidence potential <br />based on coal seam thiclmess, the configuration and depth of the 5 Mine 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 Mining in the subject area and does not anticipaze any future <br />mining, and that little or no visible surface subsidence has or is reasonably anticipated 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 ®MG's Policy Memorandum relative to "Release from Liability of Areas Overlying <br />Underground Coal Mine Workings°, Empire respectfully requests CDMG approval for. <br />Release of liability for surfaze subsidence effects due to underground Honing for areas <br />totaling approximately 615 acres overlying the underground workings associated with the <br />Eagle No. 5 Mine on the west side of State H~ghwa}' 13, as described in Section 2.1 and <br />shown on Map 1, of this submittal <br />Because there is no bonding requirement for underground mine worlungs, the requested liability <br />release will not affect the currern bond amount. <br />BTUE rrpim Crnporarian * 29515 RCR 27 Qxk Cry, 0080467 * (970J 870-2712 <br />enaro.rm <br />Retinal - Qra~xr 2004 <br />