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~- <br />~II II~IIIII~~I~~ II~ <br />sss <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-}567 <br />FA%:13031872-8106 <br />DATE: <br />TO: <br />FROM: <br />RE: <br />September 30, 1997 <br />Mike Boulay <br />Jim Pendleton <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames S. Lochhead <br />Executive Dkeaor <br />Michael B. Long <br />Dlv ision Dlcector <br />West Elk M' e M ntain Coal Company, Inc. - <br />TDN: Subs'denc mpacts to the Mautz Property <br />Permit: C-80-007) <br />This memo summarizes my observations in response to the Ten Day <br />Notice regarding landsliding overlying and adjacent to the West Elk <br />Mine's Jumbo Mountain underground coal mine workings. Mr. Larry <br />Mautz, owner of the surface has alleged that landsliding which has <br />affected his property is subsidence-related and constitutes <br />material damage by Mountain Coal Company (MCC). He further <br />believes that MCC has an obligation under our law and regulations <br />to repair the landslide damage and/or compensate him for alleged <br />business income impacts. I examined these landslides during a <br />citizen's complaint inspection on August 21, 1997, in the company <br />of Susan McCannon, Norm Every and Phil Schmidt of MCC, and Mitch <br />Rollings, Mike Rosenthal and Gene Hay of the Office of Surface <br />Mining. Larry Mautz, the land owner accompanied us on the <br />inspection. <br />Mr. Mautz also alleges that the potential threat of subsidence due <br />to undermining has caused his property to be devalued by $1,080,000 <br />in the past several years. He offers as evidence of this <br />devaluation two opposing appraisals of the Chipeta Guest Ranch. <br />My analysis, which I summarize here below, has allowed me to <br />conclude: <br />(1) Recurrent episodes of landsliding have affected the north <br />slope of Jumbo Mountain, separated by periods of relative <br />stability. It is probable that landsliding will continue to <br />effect the subject property. <br />(2) Subsidence does not appear to be a significant determinant in <br />the reactivation or initiation of landslide activity. <br />(3) Landsliding on Jumbo Mountain, even if caused or reactivated <br />by subsidence, does not constitute a material damage. <br />