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2004 BTUE~r(rireCrnporatia+*LiabilityRdeaseApplimxiai ~ 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 artd underlying the coal seam The <br />subsidence evaluation,based on available geologic and rnuung reference information as presented in <br />Appendix C, indicates negligible potential for future subsidence except for one specific area which has <br />been removed from the proposed liabiliryrelease area <br />2.3 REQUIRED NOTIFICATIONS <br />Consistent with applicable provisions of Rules 3.032(1)(a) and (1)(b), Empire has developed a <br />proposed notification and list of recipienu for the required notificazion of intern to seek liability <br />release and a proposed public notice for publicazion in the local newspaper. Copies of these <br />notification documenu are included in this liability release request submittal as Appendix D. <br />B7Z/ Er~ire Coryoradm * 29515 RQY 27 C6k Cra~lz, 61780467 * (970f 8702712 <br />cr~dc~m1idmuy°. <br />B/18/Mjrm <br />Reusal- Qttixr 2004 <br />