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May I5, 1998 <br />To: Mitch R gs, Regulatory Pr g am ecialist <br />From: Mi osenthal and ay, Mining Engineers <br />~_ <br />Subject: en Day Notice Response-Mautz Complaint (X-97-140-370-001 TV 1 and 2) <br />On August 21, 199,, OSM engineers Hay and Rosenthal accompanied Mitch Rollings to the <br />Mautz property to view the alleged damage to a hunting cabin and to a topographic feature <br />known as Muffler Rock. Mr. Mautz claims that the mining of coal under his property has resulted <br />in damage to his hunting cabin and has also caused damage to a topographic feature on his <br />property. We discussed the complaint with Mr. Mautz and he accompanied us on our evaluation <br />of the site. Jim Pendelton and Susan McCannon from the Colorado Division of Minerals and <br />Geology (DMG) were also present during this site evaluation. <br />OSM and DMG personnel discussed the matter of the alleged subsidence related damage with <br />representatives of Mountain Coal Company-West Elk mine. Maps showing the extent of <br />underground workings in the vicinity of the complainant as well as subsidence surveys were <br />reviewed. Coal was extracted under the Mau[z property by long wall mining methods. Aerial <br />photographs of the topographic features in the azea of the complainant were reviewed to <br />determine surface differences between pre and post mining events. The aerial photographs were <br />also valuable in determining historic surface stability of the general area. <br />The DMG transmitted then final response to the Ten-Day notice in a document dated Januazy 22, <br />1998. In that response they concluded that they had taken appropriate action on this citizen's <br />complaint and had shown good cause for [heir decision to not take an enforcement action. <br />The issues to be resolved in this matter are: <br />1. Did the hunting cabin (the lone pine hunting cabin) sustain additional <br />subsidence related damage after repair work had been completed by Mountain <br />Coal Company in 1995? <br />2. Was the landslide at Muffler Rock [he direct result of subsidence related to <br />underground mining at the West Elk Mine? <br />As a matter of regulation, an action or response by the State regulatory authority that is not <br />arbitrary, capricious, or an abuse of their discretion under the approved State program is <br />