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Se~x~~~ 2004 BTUE tae Corpnanm "L iabrlityRdeueApp'uanar ~ Pabe 5 <br />3.0 LIABILITY RELEASE SUMMARY <br />Empire's predecessors developed and operated the portion of the Eagle No 5 Mine west of Staze <br />Higltway 13 during the early 1970's through the early= to mid-1980's. Advance room and pillar <br />muting methods were rued in this area and ground conditions were good, requiring limited ground <br />support. It is at least 19 years since any underground minting 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 worhutgs. An evaluation of current and future 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 forthe modified liabilityrelease area. <br />Given thaz Empire has completed mining in the subject area and does not anticipate any futttre <br />muting, and that litde or no visible sw-face 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 CDMG'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 surface subsidence effects due to underground mining for areas <br />totaling approximately 615 acres overlying the underground workings associated with the <br />Eagle No. 5 Mine on the west side of Staze Highway 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 workings, the requested liability <br />release will not affect the current bond amount. <br />B7T/ Er~ire Cwpvatim "195]5 RCR 27 Cnk Cxe~, C080467 "(970) 870.27]2 <br />c~~~rvn<a c~y.~,... <br />aitvo.~ <br />Revisal- Qsdzr 2004 <br />