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Mr. Mitch Rollings <br />January 22,1998 <br />Page 2 <br />Lone Pine Hunting Cabin <br />DMG has been aware of this issue and working to resolve it with MCC and Larry and Elaine <br />Mautz since November 29, 1994. MCC has surveyed and monitored the hunting cabin in <br />accordance with their permit. The cabin has experienced damage, some of which may be <br />attributed to subsidence impacts. MCC has been required [o repair the cabin and DMG inspected <br />the repairs while in progress and after completion in late 1995. During 1996 DMG conducted <br />follow-up inspections at the cabin and determined that additional major structural damage had <br />not occurred. Also in 1996, MCC compensated Mautz for any remaining damage to the cabin or <br />loss of use. <br />Following the August 21, 1997 joint field investigation, DMG requested that MCC conduct <br />additional subsidence monitoring of the hunting cabin. MCC complied and submitted their <br />subsidence monitoring results on September 15, 1997. DMG reviewed the results and <br />determined that no subsidence had occurred since the previous survey, which was conducted <br />more than a year earlier. Monitoring results, a copy of which is attached, demonstrate that the <br />hunting cabin has not experienced any subsidence impacts since shortly before the repairs were <br />completed. Therefore, DMG does not believe that any damage which has resulted at the cabin <br />during 1996 or 1997 could have been related to subsidence. Based on these facts and <br />investigations DMG does not find a violation and has not taken enforcement action pursuant to <br />the citizen complaint and TDN. <br />Landslide at "Muffler Rock" <br />The issue with regard to possible subsidence impacts upon the landslide at "Muffler Rock" has <br />been investigated by DMG since May 19, 1997. All historic documentation demonstrates that <br />the landslide mass has been experiencing alternating periods of movement and relative stability <br />for many years. The most recent incidence of movement occurred at the approximate time that <br />the MCC long wall panel was mined directly beneath the landslide mass. Extensive monitoring <br />of other landslide masses within the North Fork Valley which were being undermined had shown <br />no relationship between subsidence and landslide movement. The movement at "Muffler <br />Rock" was therefore not anticipated by DMG. However, subsidence may have accelerated the <br />occurrence of this most recent episode of movement. Therefore, with a potential influence of <br />subsidence present, DMG evaluated whether material damage or a reduction in the value or <br />reasonable foreseeable use of surface land had resulted (Rule 4.20.3(2)(a). <br />Rule 4.20.1 (1) requires that all underground mining be planned and conducted so as to prevent <br />subsidence from causing material damage, to the extent technologically and economically <br />feasible, so as to maintain the value and reasonable foreseeable use of surface lands. This may <br />be accomplished by conducting mining in a manner that provides for planned and controlled <br />subsidence. Material damage results when structures are damaged and cannot be promptly <br />restored (Rule 2.05.6(6)(e)(ii)(A). Material damage also results when renewable resource lands <br />are disrupted and, therefore, productivity cannot be technologically or economically restored <br />