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.; <br />exhibited minor damage. Damage included minor cracking of reinforced foundational grade beam <br />footings, separation of the slab-on-grade structural floor poured within the grade beam <br />foundational footings, pinching of doors, and drywall cracking and drywall tape separation. It <br />does not appear that major structural damage has occurred. <br />Mr. Mautz informed the Division and MCC of the damage. Following inspection of the structure, <br />MCC proposed and completed repairs to the structure, with Mr. Mautz's approval. MCC' has <br />subsequently proposed to compensate Mr. Mautz for diminution of the structure's value or to <br />conduct additional minor subsidence-related repairs. To the best of our knowledge, Mr. Mautz <br />has refused MCC's proposal. <br />Conclusions <br />DMG's examination of the active landslide within Section 24 on Jumbo Mountain, and DMG's <br />review of the conditions attendant to that situation, lead us to the following conclusions. <br />(1) A 30- to 50-acre active landslide is occurring within the SW1/4 of Section 24 on Jumbo <br />Mountain, above and adjacent to underground mining being conducted by Mountain Coal <br />Company. <br />(2) The immediate area of this active landslide has been the locus of repeated ancient, historic <br />and modern episodes of similar landsliding. <br />(3) The MCC extraction of coal has caused subsidence of the overlying ground surface as <br />projected and approved within their mine permit. <br />(4) There is no evidence with which to definitively verify or discount a connection between <br />subsidence of the MCC mine workings and this active landslide. <br />(5) Subsequent to the approval of underground coal extraction, including prediction of ground <br />surface subsidence by MCC, Mr. Mautz chose to erect a guest ranch cabin within an area <br />predicted to experience potentially damaging subsidence. <br />(6) Subsidence occurred and minor structural damage was sustained by the guest ranch cabin <br />erected by the Mr. Mautz. <br />(7) MCC effected repairs to Mr. Mautz's cabin, with Mr. Mautz's approval. MCC has <br />subsequently offered Mr. Mautz compensation for value diminution or additional repairs. <br />(8) Cracking and [roughing has occurred on private roads within the active landslide mass. <br />These features appear to represent a potential hazard to individuals using these roads. <br />(9) MCC has offered to effect repairs to these roads. Mr. Mautz has refused to grant access <br />to MCC's Contractor to accomplish the proposed repairs. (Hopefully, Mr. Mautz and <br />MCC can come to some agreement to effect the repairs, in the interest of minimizing risk.) <br />4 <br />