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Mountain Coal Company (MCC) <br />P.O. Box 591 <br />Somerset, CO 81434 <br />C-80-007 <br />West Elk Mine <br />7/21/97 <br />Administrative report -citizen complaint <br />OSM received a written citizen complaint from Larry and Elaine Mautz on June 26, 1997. The <br />Mautz' have also submitted additional written information to further define the nature of the <br />complaint. OSM has also reviewed and copied files maintained by the Mautz' attorney in Denver. <br />The nature of the complaint alleges violations of Colorado Rules at section 4.20.1(1): <br />Underground mining activities shall be planned and conducted so as to prevent <br />subsidence from causing material damage to the surface, to the extent <br />technologically and economically feasible, so as to maintain the value and <br />reasonably foreseeable use of surface lands. This may be accomplished by leaving <br />adequate coal in place, backfilling, or other measures to support the surface, by <br />conducting underground mining in a manner that provides for planned and <br />controlled subsidence. Nothing in 4.20 shall be construed to prohibit the standard <br />method of room and pillar mining. <br />at section 4.20.3(1): <br />Each person who conducts underground mining activities shall adopt all measures <br />of the subsidence control plan approved by the Division (of Minerals and Geology) <br />to reduce the likelihood of subsidence, to prevent subsidence from causing material <br />damage or reducing the value or reasonably foreseeable use of surface lands, and <br />to mitigate the effects of any such damage or reduction which may occur. <br />and at section 4.20.3(2): <br />Each person who conducts underground mining activities which result in <br />subsidence that causes material damage or reduces the value or reasonably <br />foreseeable use of surface lands shall, with respect to each of the following surface <br />areas or uses affected by subsidence: <br />(a) Promptly restore or rehabilitate any renewable resource lands for which <br />the value or reasonably foreseeable use has been reduced or which have <br />been materially damaged. Such lands shall be restored or rehabilitated to a <br />condition capable of maintaining the value and reasonably foreseeable and <br />