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Memo to Boulay <br />Jumbo Mountain Landsliding <br />page 8 <br />As mentioned previously, landsliding is prolific throughout the <br />North Fork valley. Landowners in the valley should be aware of the <br />occurrence of landsliding and of its implications for use of the <br />affected lands. In nineteen years of examining landslides <br />throughout the valley, I have never witnessed, or been informed of, <br />a fatality or injury to an elk, deer, cow, horse or human, in or <br />near any landslide. The wildlife, domesticated cattle, hunters, <br />fisherman and hikers are apparently capable of surviving in close <br />proximity to the cracks and troughs indicative of landslides. <br />Landsliding is capable of effecting almost any slope in the valley <br />on a random basis. The exposure of wildlife, domesticated stock <br />and humans to these landforms is common. <br />Landslides are a constant nuisance to land owners in the North Fork <br />valley. Landowners have learned to live with the interruption, <br />inconvenience, and expense caused by landslide occurrence. State <br />Highways, private roads, railroads, fish hatcheries, bridges, <br />irrigation facilities, commercial buildings, and private residences <br />have all been impacted by landsliding. Local residents know that <br />care must be exercised when traveling within landslide terrain, <br />because the cracks and troughs represent a potential hazard to <br />health and safety. This means that some higher intensity uses of <br />the land, such as horse back races through the wooded areas and <br />underbrush may be inappropriate and ill advised. <br />Landsliding as Material Damage - My Conclusion <br />In my opinion, landsliding of historic landslide complexes within <br />the Valley of the North Fork of the Gunnison River is an ordinary <br />and relatively random occurrence. Prudent and informed local <br />residents recognize this natural process. Further, the regional <br />land use practices, developed in recognition of this situation, <br />accommodate the inconveniences entailed with normal disruption of <br />roads, ditches, fences, and occasional unfortunate residences. In <br />my opinion, landsliding, whether related to subsidence or not, is <br />a normal fact of life in the North Fork Valley and does not <br />constitute an abnormal occurrence or represent an abnormal <br />constraint on land uses. Therefore, in keeping with that opinion, <br />I conclude that landsliding on Jumbo Mountain, even if caused or <br />reactivated by subsidence, does not constitute a material damage. <br />Mautz Chipeta Guest Ranch Cabin <br />Subsequent to the approval of the MCC permit revision to conduct <br />mining of the 'B' seam beneath Jumbo Mountain, Mr. Mautz erected a <br />guest ranch cabin above the gate roads between Panel 8 and Panel 9. <br />This location had been predicted to experience potentially damaging <br />subsidence within the approved permit documents. That cabin <br />