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Memo to Boulay <br />Jumbo Mountain Landsliding <br />page 9 <br />represent an abnormal constraint on land uses. Therefore, in keeping <br />with that opinion, I conclude that landsliding on Jumbo Mountain, even <br />if caused or reactivated by subsidence, does not constitute a material <br />damage. <br />Mautz Chipeta Guest Ranch Cabin <br />Subsequent to the approval of the MCC permit revision to conduct mining <br />of the 'B' seam beneath Jumbo Mountain, Mr. Mautz erected a guest ranch <br />cabin above the gate roads between Panel 8 and Panel 9. This location <br />had been predicted to experience potentially damaging subsidence within <br />the approved permit documents. That cabin subsequently experienced <br />subsidence and exhibited minor damage. Damage included minor cracking <br />of reinforced foundational grade beam footings, separation of the slab- <br />on-grade structural floor poured within the grade beam foundational <br />footings, distortion of doorways resulting in sticking doors, and drywall <br />cracking and drywall tape separation. It does not appear that major <br />structural damage has occurred. <br />Mr. Mautz informed the Division and MCC of the damage. Following <br />inspection of the structure, MCC proposed and completed repairs to the <br />structure, with Mr. Mautz's approval. MCC has subsequently compensated <br />Mr. Mautz for diminution of the structure's value. <br />Diminution of Reasonably Foreseeable Use and Value <br />Mr. Mautz also alleges that the potential threat of subsidence due to <br />undermining has caused his property to be devalued by $1,080,000 in the <br />past several years. He offers as evidence of this devaluation two <br />appraisals of the Chipeta Guest Ranch. <br />The Division has been provided the cover letter for the earlier <br />appraisal, performed by Gutierrez Appraisal Service. The Division has <br />not been provided a copy of the actual appraisal report. Elisea C. <br />Gutierrez performed this appraisal on December 15, 1995, "to estimate the <br />Market Value". The cover letter states; "the property rights appraised <br />are the fee simple title" and sets the Market value at $2,500,000. Based <br />upon this cover letter it is impossible for me to render any conclusions <br />regarding the methodology or geotechnical accuracy of the appraisal. <br />The Division has been provided the excerpts (pages 15, 16, 20, 21 and 69) <br />of the appraisal report for the latter appraisal, performed by Landmark <br />Valuation, Inc. as of June 4, 1996, which sets trie market value at <br />