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considered an appropriate action to cause a violation to be corrected or good cause for not <br />writing a violation. The test to be applied is not what OSM would do in the matter, but what the <br />State has done based upon available engineering data and analysis, as long as the State is not <br />arbitrary, capricious or has abused their discretion under the approved State program. <br />Lone Pine Hunting Cabin <br />This cabin has experienced damage as a result of mine related subsidence from long wall mining <br />activity directly under the property. In late 1995, Mountain Coal Company repaired the damage <br />to the cabin as required by DMG. Also, in 1996, the company compensated [he owner for <br />subsidence related damage. This compensation was either for additional damage or for loss of use <br />of [he property; this cabin is rented to various individuals for hunting, nature tours, etc. <br />Following the August 21, 1997, joint DMG/OSM site visit DMG required the company to <br />conduct additional subsidence monitoring of the cabin. The results of the survey were given to <br />DMG and OSM. The DMG reviewed the results of the survey and concluded [hat there has been <br />no damage to the cabin during 1996 and 1997 since the time the repairs were made in 1995 <br />A review of that survey data by OSM reveals that the vertical displacement, as compared to the <br />original survey done prior to mining on December 7, 1995, is +0.18 ft.(2.16 in.) NW corner, <br />+0.09 ft.(1.08 in.) Slab, +0.06 ft.(0.72 in.) SE corner and - 0.04 ft.(0.48 in.) SW comer. The <br />accuracy of the survey is 0.1 ft.(1.2 in.). Any value of displacement above or below 0.1 ft. or 1.2 <br />in. would be considered [o be undetectable by the survey instruments. <br />We can only draw the same conclusion that was drawn by DMG in its response dated January 22, <br />1998- "DMG does not believe that any damage which has resulted at the cabin during 1996 or <br />1997 could have been related to subsidence." Given the results of the survey, the accuracy of the <br />instruments, and the fact that subsidence occurs in the negative vertical direction (a drop in the <br />surface of the ground), the decision by DMG not to take an enforcement action is supported by <br />the regulations and the approved State program. The subsidence survey results at the cabin did <br />show a negative subsidence of the SW corner of 0.04 ft. (0.48 in.). This degree of vertical <br />movement is within the mazgin of error of the survey. <br />Landslide at Muffler Rock <br />Muffler Rock is located in an area of mass instability. This is evident from aerial photographs that <br />were taken on November 17, 1995, July 1, 1996 and July 14, 1997. These aerial photographs <br />show changes to the surface land features pre and post underground mining. These photographs <br />also show general land instability of the area in the form of ancient slides and steep topographic <br />features. It appears that this area has experienced a slow process of downslope land creep for <br />many years. <br />This downslope land creep is accelerated as a result of added moisture to the surface and sub- <br />