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ENFORCE34541
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ENFORCE34541
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Entry Properties
Last modified
8/24/2016 7:44:26 PM
Creation date
11/21/2007 2:14:45 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980007
IBM Index Class Name
Enforcement
Doc Date
12/11/1997
Doc Name
WEST ELK MINE MOUNTAIN COAL CO INC TDN SUBSIDENCE IMPACTS TO THE MAUTZ PROPERTY C-80-007
From
DMG
To
MIKE BOULAY
Violation No.
TD1997140370001TV1
Media Type
D
Archive
No
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Memo to Boulay <br />Jumbo Mountain Landsliding <br />page 8 <br />Page 2.04-4 of the West Elk permit application states that the pre-mining <br />land uses on private lands within the permit area include cattle grazing, <br />wildlife habitat, and dispersed recreational activities (hunting, <br />trapping, off-road vehicle use). In addressing its proposed post-mining <br />land uses on page 2.05-95 of the permit, MCC states "it is desired to <br />provide final reclamation of the disturbed areas that is self-sustaining <br />and provides habitat suitable for domestic livestock and wildlife". <br />As mentioned previously, landsliding is prolific throughout the North <br />Fork valley. Landowners in the valley should be aware of the occurrence <br />of landsliding and of its implications for use of the affected lands. <br />In nineteen years of examining landslides throughout the valley, 2 have <br />never witnessed, or been informed of, a fatality or injury to an elk, <br />deer, cow, horse or human, in or near any landslide. The wildlife, <br />domesticated cattle, hunters, fisherman and hikers are apparently capable <br />of surviving in close proximity to the cracks and troughs indicative of <br />landslides. Landsliding is capable of effecting almost any slope in the <br />valley 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, irrigation <br />facilities, commercial buildings, and private residences have all been <br />impacted by landsliding. Local residents know that care must be <br />exercised when traveling within landslide terrain, because the cracks and <br />troughs represent a potential hazard to health and safety. This means <br />that some higher intensity uses of the land, such as horse back races <br />through the wooded areas and underbrush may be inappropriate and ill <br />advised. <br />Landsliding as Material Damage - My Conclusion <br />In my opinion, landsliding of historic landslide complexes within the <br />Valley of the North Fork of the Gunnison River is an ordinary and <br />relatively random occurrence. Prudent and informed local residents <br />recognize this natural .process. Further, the regional land use <br />practices, developed in recognition of this situation, accommodate the <br />inconveniences entailed with normal disruption of roads, ditches, fences, <br />and occasional unfortunate residences. In my opinion, landsliding, <br />whether related to subsidence or not, is a normal fact of life in the <br />North Fork Valley and does not constitute an abnormal occurrence or <br />
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