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IN REPLY REFER 7D: <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />1999 Broadway, Suite 3320 <br />Denver, Colorado 80202-5733 <br />May 21, 1998 <br />iii iiiiuiiiiiiiiii <br />999 <br />~i1=CE~VEC <br />Ms. Susan McCannon, Coal Program Supervisor ~~~ 0 5 1998 <br />Division of Minerals and Geology <br />Department of Natural Resources Division of Minerals 8 Geology <br />] 313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: Ten-Day Notice (TDN) 97-140-370-001, Mautz Citizen Complaint, Mountain Coal <br />Company, Division of Minerals and Geology (DMG) Permit C-80-007 <br />Dear Ms. McCannon, <br />This letter acknowledges the receipt and review of DMG's final response dated January 22, <br />1998, to TDN 97-140-370-001, addressing the Mautz citizen complaint. The Office of Surface <br />Mining (OSM) visited the locations on August 21, 1997, that were the subject of the complaint, <br />and reviewed information submitted by DMG, Mr. Mautz, and Mountain Coal Company (MCC). <br />A memorandum dated May 15, 1998, accompanies this letter. The memorandum from OSM <br />Mining Engineers Rosenthal and Hay defines OSM's analysis of the complaint and its findings. <br />The complaint alleges, in part, that a hunting cabin was damaged as a result of subsidence from <br />the MCC mining operation. MCC repaired damages to the cabin and provided additional <br />monetary compensation to the landowner in [995. Analysis of the subsidence monitoring data <br />gathered since that time period lead DMG and OSM experts to believe that the existing damage <br />is not related to subsidence. <br />Given the history of the azea with its numerous landslides, neither DMG nor OSM experts can <br />state that the Muffler Rock landslide was definitively reactivated by subsidence; nor can it be <br />concluded that the landslide was a simple reoccurrence of the natural forces that caused [he <br />landslide originally. However, DMG believes that subsidence may have accelerated the Muffler <br />Rock landslide. OSM agrees with this evaluation of the landslide. <br />Given that DMG believes subsidence may have accelerated the landslide, DMG addressed the <br />question of material damage. DMG consulted with two county govemment agencies to <br />determine the identified land use and zoning of the property. DMG concludes that the value of <br />the landslide azea for grazing prior to the recent landslide was low and continues to be low. <br />DMG also concluded that there was no reduction in the value of the azea. <br />United States Department of the Interior <br />