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SelxorEer 2004 B7UE»Pire Corporaam * L ialn(ityRelaueApp~imticn ~ Page 4 <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 infomtation 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 liability release area. <br />2.3 REQUIRED NOTIFICATIONS <br />Consistern with applicable provisions of Rules 3.032(1)(a) and (1)(b), Empire has developed a <br />proposed notification and list of recipients for the required notification of intern to seek liability <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 />B7TJ Enpire Corporation * 29515 RCR 27 (kk Cruz, GU 80467 * (970J 870.2712 <br />G£r®NE'M1m/tON LVIduyRd¢d. <br />vieror~ <br />Reusa/- Qrdxr 2004 <br />