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<br />III. COMMENTS -COMPLIANCE <br />$elow are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the <br />inspection and the facts or evidence supporting the enforcement action. <br />A partial inspection of the West Elk Mine was conducted by <br />Christine Johnston of the Division. The inspection spanned three <br />days and focused on a different area of the mine each day. Norm <br />Every accompanied me on the first day of the inspection and Henry <br />Barbe accompanied me on the last two days. Kathy Welt was <br />available to discuss upcoming permitting for the West Elk Mine. <br />This inspection was conducted under the normal inspection and <br />enforcement program and in response to a citizen complaint. The <br />Division did not receive a written complaint from the citizen until <br />the day of the inspection. A phone call was received the previous <br />week from the citizen, and as I was planning to conduct a partial <br />inspection of the mine, I determined it would be prudent to look <br />into the citizen's complaint at the same time. <br />The complainants are Larry and Elaine Mautz who own property over <br />the underground workings of the West Elk Mine. The nature of their <br />complaint references two areas: (1) a cabin, and (2) Lone Pine <br />Gulch road. I met with the Mautzs' at their house on the afternoon <br />of August 29, 1995, to discuss their concerns. At this time they <br />gave me a letter dated August 28, written by Mrs. Mautz, . which <br />details their concerns. Norm Every, representing Mountain Coal <br />Company (MCC), met us at the Mautz's house. After a brief <br />discussion Mr. Mautz, Mr. Every and myself went out on the <br />property. There are seven areas of concern that we discussed or <br />viewed on the ground. <br />1. The first area of concern for Mr. Mautz, is the hunting <br />cabin located in the SW; of Section 20, T135, R90W, 6th <br />P.M. The cabin was constructed last fall. At that time <br />MCC was approaching this area in their mine plan. They <br />conducted a pre-subsidence survey and have surveyed the <br />cabin on a regular basis since that time. The cabin <br />overlies two panels. The subsidence, resulting from the <br />second panel, was also surveyed on a regular basis. The <br />surveys have indicated that some damage has occurred to <br />the cabin. The footer has settled, causing cracking in <br />the footer and creating a gap in some areas of the cabin <br />between the footer and the pad. In addition, exterior <br />doors stick, the dry wall tape has been damaged, and the <br />bathroom toilet has cracked. Mr. Every indicated that he <br />has met with two contractors who do this type of work and <br />would not be available until after Labor Day. <br />Previously, Mr. Every and Mr. Mautz apparently agreed <br />that MCC would complete the repair work by September 17, <br />1 <br />