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<br />Mountain Coal Company <br />Wesl Elk Mine <br />Post Office Box 591 <br />Somerset, Colorado 81434 <br />Telephone 970 929-5015 <br />Fax 970 929-5595 <br />~ 3i y <br />July 31, 1997 <br />RECEIVED <br />Mr. David A. Berry <br />DIVISION OF MINERALS AND GEOLOGY AUG U 7 1991 <br />Office of Mined Land Reclamation <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 Division o~ ~~~~~~e~a~s a UeUIC9Y <br />Re: West Elk Mine, Permit No. C-80-007, Response to Citizen Complaint TDN <br />Dear Dave: <br />~II ~I~~I~~I~~~~~~I~ <br />sss <br />For your consideration for use in responding to the recent citizen complaint TDN from OSM, <br />Mountain Coal Company (MCC) has compiled copies of correspondence and documents that <br />have been accumulated over the past few years while addressing issues and complaints raised by <br />MCC's neighbors, Larry and Elaine Mautz. I've included a copy of this correspondence. <br />Aerial photos from MCC's subsidence surveys during the past few years clearly show the area <br />that Mr. Mautz calls "Muffler Rock" has been and continues to be a rockfall and landslide area. A <br />drill pad located at the crest of Muffler Rock was the site of JMB-13, drilled in August 1993. <br />MCC's surveyors had also established a survey control point at this location. Rockfall activity <br />this Spring extended approximately 100' south (per MCC's surveyor's estimation at the site) into <br />the crest, eliminating the control point and a majority of the reclaimed drill pad. MCC had no <br />future plans for the drill pad, but intends to reset the survey control point near the crest. <br />In MCC's letter to Mr. and Mrs. Mautz on May 20, 1997 and reiterated, in part, in a letter to <br />them dated June 23, 1997, MCC acknowledged the rockfall hazard and offered to assist with <br />fencing and posting this historic land feature. MCC also offered to assist with repairs to the <br />Mautzes' existing south fence line, while continuing to monitor the land movement (as <br />subsidence, if any, and/or historic landslide movement may not yet be complete). Finally, when <br />land movement stabilizes, MCC is willing to make any necessary further repairs or replacement of <br />the fence. <br />Also in the June 23, 1997 letter, MCC restated its readiness to complete any necessary road <br />repairs (though the damage may be attributable to historic landsliding), as Mr. and Mrs. Mautz <br />had declined MCC's repeated offers to repair the road made in August and September last year. <br />MCC also informed Mr. and Mrs. Mautz that MCC's contractor had completed repairs to the <br />Mautzes' south fence line, even though much of the damage was believed to be from pre-existing <br />landslides, wildlife activity, and snow loads. Since that time, MCC has asked Mr. and Mrs. Mautz <br />to inspect the fence repair work and report their findings to MCC. MCC has not heard from the <br />Mautzes since. <br />