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Sepren~er' 2004 B7Z/ E~ae Crnparaum "LuJAliryRa~LSeR ppltmroat ~ Aare 1 ' <br />1.0 INTRODUCTION <br />With this request, BTU Etnpire Corporation (Empire, formerly RAG Empire Corporation) seep <br />approval from the Colorado Division of Minerals and Geology (CDMG) for a release of liability for <br />surface subsidence effects due to underground coal mining for underground mine workings on the <br />west side of State Highway 13 associated with the historic Eagle No. 5 Mine (5 Mine). The State of <br />Colorado, through the Division of Minerals and Geology (CDMG) - Deparunent of Natural <br />Resources (DNR), has perrriitted the Eagle Mines, which includes the Eagle No. 5, 6, and 9 Mines, <br />and associated support facilities and struatires. <br />The DNR currently holds a reclamation bond in the amount of $3,554,044 as surety for final <br />reclamation of surface facilities disturbance associated with the Eagle Mines underground operations. <br />There u no bonding requirement for underground mine workings however, under applicable <br />Colorado law and regulations, Empire currently retains liability and responsibility for any surface <br />subsidence effects which may result from underground mining operations. The Eagle (or Wise Hill) <br />No. 4 Mine, also located on the west side of Highway 13, was developed operated, closed, and <br />associated surface disturbance reclanned prior (pre-law) to promulgation of the Surface Mining <br />Control and Reclanation Act (SMCRA) in 1978, so there is no liability associated with this mine. <br />Underground mining in the portion of the 5 Mine on the west side of State Highway 13 occurred <br />between the early 1970's and earlg to mid-1980's, when operations shifted to the east side of the <br />Highway. Operations in this ponion of the 5 Mine were generally limited to advance room and pillar <br />mini ~ with very limited retreat mining, so pillars of coal remained following completion of mining to <br />support the mine roof. Based on both historic descriptions and recent visual inspections, little or no <br />surface subsidence has occurred over the Eagle No. 5 western mine workings and a recent subsidence <br />evaluation indicazes negligible potential for future subsidence in all but one area. <br />1.1 OPERATOR INFORMATION <br />BTU Empire Corporation is the permittee of record for the Eagle Mines and the applicant under this <br />request for liability release. Empire's corporate address u: <br />BTUEmpire Corporation <br />29515 Roust CounryRoad 27 <br />Oak Creek, Colorado 80467 <br />The contact for this request is: Jerry Nettleton, Environmental Supervisor - (970) 870-2712 <br />1.2 PERMIT INFORMATION <br />The Eagle Mines are inattive underground coal mines thaz are currently in temporary cessation, with <br />site attivities limited to minor reclamation and ongoing monitoring and maintenance. The Eagle <br />Mines are pemutted under an approved Mining and Reclamation Pemut (Femur No. G81-044) with <br />the Colorado Division of Minerals and Geology (CDMG). The pemut was originally approved and <br />issued on September 2, 1983 and was subsequently renewed on January 9, 1988 and October 23, <br />2000. Empire has applied for CDMG approval of Pemut Renewal No. RN 04 (12/11/03). A <br />decision on the renewal u currentlypending resolurion of a surface right-of-entry issue. <br />B7ZI E rrQae Corporatim "29515 RCR 27 Qrk C>~z, 0080467"(970) 870.2712 <br />GI ~o'ErgmllOtH LvbKyRdmu6 <br />B//BANjm <br />Ae(isel - Qidxr 2004 <br />