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Papa=y <br />BTU ENP/RE CORPORAT/ON <br />~ ' January 21, 2005 <br />Ms. Janet Binns <br />Environmental Protection Specialist <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street -Room 215 <br />Denver, Colorado 80203 <br />(303}866-4944 <br />701 Mailcet Street <br />Suite 733 <br />St. Louis, Missouri 63101-1826 <br />314342.3400 <br />RECEIVED <br />JAN 2 4 2QQ'~ <br />Division of Minerals and Geology <br />Re: BTU Empire Corp. -Eagle Mines, Pending Liability Release SL-2, Responses to Initial <br />Adequacy Questions <br />Dear Ms. Binns: <br />In response to your initial adequacy questions on our pending liability release application submittal, as <br />discussed during our recent phone conversation, we submit the accompanying responses and <br />associated supporting materials. Our responses are provided in a comment/response format to <br />facilitate your review. <br />It is important to note that in response to Comment 3, we have delineated a regular polygonal shape <br />defining the liability release area. Our approach involved identifying the approximate limits of the <br />angle of draw, based on mining depth, and then extending the corresponding boundary to the nearest <br />'/<, '/< line. This is a common approach used by many mine operators in Colorado to establish permit <br />boundaries for underground mines which accounts for any errors in the assumed average angle of draw <br />and assures that all subsidence falls within the permitted azea. Based on the revised liability release <br />azea boundaries, the liability release azea has been reduced from approximately 1,065 acres to 448 <br />acres. <br />We received your report on the recent liability release inspection and feel that it accurately <br />characterizes the conditions observed in the field and related conversations, to the extent our staff were <br />involved. We look forward to reviewing and working with you on any addition forthcoming adequacy <br />comments, as referenced in the inspection report. Please feel free to contact me with any questions <br />regarding this submittal or to discuss any related matters at (970) 870-2712. We appreciate your <br />careful consideration and cooperation in reviewing and acting on our request for liability release in a <br />timely manner. <br />Best regazds, <br />BTU Empire <br />Jerry M. Nettle <br />~ '~~_ <br />~~ <br />Supervisor <br />cc: C. Burggraf/TCC M. Kegley/Peabody Energy <br />M. Berdine/TCC R. BassettlHolland & Hart, PC <br />