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Sept~~er 200a BTU E»pire Crnporation * L iaMliryRd~seAppluntim ~ Page 1 <br />1.0 INTRODUCTION <br />Wnh this request, BTU Empire Corporation (Empire, formerly RAG Empire Corporation) seek <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 Staze Highway 13 associazed with the historic Eagle No. 5 Mine (5 Mine). The State of <br />Colorado, through the Division of Minerals and Geology (CDMG) -Department of Natural <br />Resources (DNR), has pemutted the Eagle Mines, which includes the Eagle No. 5, 6, and 9 Mines, <br />and associated suppon facilities and structures. <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 is 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 resuh from underground mining operations. The Eagle (or Wise Hrll) <br />No. 4 Mine, also located on the west side of Highway 13, was developed operated, closed, and <br />associated surface disturbance reclaimed prior (pre-lava to promulgation of the Surface Mining <br />Control and Reclamation Act (SMCRA) in 1978, so there is no liability associated with this mine. <br />Underground mining in the ponion of the 5 Mine on the west side of State Hrghway 13 occurred <br />between the early 1970's and earl}x 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 />mining with very limited retreat mining, so pillars of coal remanted following completion of mining to <br />suppon 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 indicates 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 is: <br />BTUEmpire Corporation <br />29515 Routt County Road 27 <br />Oak Caeek, Colorado 80467 <br />The contact forthis request is: Jerry Nettleton, Environmental Supervisor- (970) 87Q•2712 <br />1.2 PERMIT INFORMATION <br />The Eagle Mines are inactive underground coal mines that are currently in temporary cessation, with <br />site activities limited to minor reclamation and ongoing monitoring and maintenance. The Eagle <br />Mines are pemvtted under an approved Mining and Reclamation Pemut (Permit No. G81-044) with <br />the Colorado Division of Minerals and Geology (®MG). The permit was originally approved and <br />issued on September 2, 1983 and was subsequently renewed on January 9, 1988 and Ottober 23, <br />2000. Empire haz applied for CDMG approval of Pemut Renewal No. RN 04 (12/lI/03). A <br />decision on the renewal is currentlypending resolution of a surface right-of-entry issue. <br />B7UEnyireCarprn-atiat *29515RCR 27CLk C,~, (2780467 *(970) 870-2712 <br />GEr®dEr~ev}~W LiaWvyWuxdr <br />8/IB/Oljm <br />Reuset- Qidxr 200a <br />