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Mr. Mitch Rollings <br />August 5, 1997 <br />Page 5 <br />Mountain. CDMG conducted inspections on July 24, 1996 and August 27, 1996. The CDMG <br />investigation also resulted in a letter being sent to MCC dated Augus[ 9, 1996 requesting information <br />regazding landslide data on Jumbo Mountain, and CDMG's subsequent receipt of landslide information <br />from MCC in a letter dated August 22, 1996. The MCC letter of August 22, 1996 included a copy of <br />the Dames and Moore Report entitled "Landslide Investigation Report, Jumbo Mountain, Somerset, <br />Colorado (Dated September 21, 1993)." This report was prepazed for the Jumbo Mountain Permit <br />Revision submittal of 1994. <br />The CDMG concluded that the damage observed throughout Jumbo Mountain was located within <br />historic and active landslide zones. These zones were documented in the Dames and Moore report, and <br />following the August 27, 1996 inspection, it was determined that the damage was consistent with active <br />landslide zones. A direct correlation with subsidence could not be made. <br />Regardless, MCC offered to repair the damage to roads in [he area (by letters dated August 12, 996 and <br />September 12, 1996) but Mautz denied access by letter dated August 5, 1996. The CDMG has reviewed <br />the damage complaint in detail and has determined that the damage features on Jumbo Mountain aze <br />consistent with an active landslide area. The area has been impacted by these features for many years <br />prior to mining, and will continue to be unstable for many years, even after the completion of mining. <br />The features have not resulted in any loss of reasonable use or material damage. <br />Landslide at "Muffler Rock" -This issue was conveyed to CDMG by letter dated May 19, 1997, from <br />Mautz to MCC. A recent landslide has appazently occurred in an historic landslide feature. The timing <br />of the recent slide may correspond to longwall mining subsidence underneath the feature. An inspection <br />was conducted on May 21, 1997. Aerial photographs were also obtained of the area. The area is a <br />known historic landslide zone, and as such was documented in the previously referenced Dames and <br />Moore Report. MCC offered to help fence and sign the area by MCC letters dated May 20, 1997, June <br />23, 1997, and July 31, 1997. The CDMG provided a response to Mautz by letter dated July 1, 1997. <br />The slide occurred in a zone already subject to mass instability. The CDMG has determined that no loss <br />of reasonable use has occurred, in that the specifically impacted area was already rendered useless by <br />the inherent steepness and instability of the location. <br />Boundary Fence -The fence damage issue was also conveyed to CDMG by the letter from Mautz to <br />MCC of May 19, 1997. The fence was examined by CDMG during the inspection of May 21, 1997. <br />The fence appeared to be in disrepair resulting from many causes over time, including landslides, snow <br />load, and wildlife, but a link to subsidence cannot be made. The inspection did not reveal any recent <br />displacement of the fence. Regardless, MCC offered and effected repairs to the fence. These matters <br />are discussed in the attached MCC letters of May 20, 1997, June 23 1997, and July 31, 1997. <br />