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D <br /> Mountain Coal Company <br /> West Elk Mine <br /> Post Office Box 591 <br /> Somerset, Colorado 81434 " <br /> Telephone 970 929-5015 <br /> Fax 970 929-5595 <br /> RECEIVED <br /> June 23, 1997 <br /> dUN 2 / W7 <br /> Mr. David A. Berry Division of Minerals 6 gooiagy <br /> Mr. Michael P. Boulay <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Office of Mined Land Reclamation <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Re: West Elk Mine, Permit No. C-80-007, Status of 9 NW Panel <br /> Dear Dave and Mike: <br /> Mountain Coal Company (MCC) has completed mining of the 8 NW longwall panel and is <br /> currently longwall mining the 9 NW panel of the West Elk Mine. These panels are generally <br /> located under Jumbo Mountain. Surface ownership of the lands overlying the panels is Larry and <br /> Elaine Mautz north of the south section line of Sections 23 and 24, T13S, R91 W and Section 19, <br /> T13S, R90W, and is BLM south of this south section line (seethe attached map). An old three <br /> and four-wire fence line and a few jeep trails, most originally constructed for exploration access, <br /> exist on these properties. As of the first of this month, the longwall face of the 9 NW panel was <br /> located between cross-cuts #12 and #13, to the east of the surface feature labeled on the map as <br /> "Muffler Rock". Mining of this panel was begun on January 07, 1997. <br /> Both the Division and MCC have recently been contacted by telephone and letter by Larry and <br /> Elaine Mautz with concerns of alleged subsidence damage to the south fence line and of rock fall <br /> activity from Muffler Rock. In response to these concerns, MCC inspected these areas with <br /> Larry Mautz, and also accompanied the Division and Larry Mautz on another inspection of these <br /> areas. <br /> MCC has also contacted the BLM to inquire of other or similar concerns. Mr. Jim Sazama of the <br /> BLM stated that the BLM claimed no ownership of the fence (and therefore had no concern with <br /> alleged damage), but also stated that the BLM has had past issues with this fence, due to missing <br /> lengths and/or its state of disrepair. Mr. Sazama said that the grazing lessee on the BLM lands <br /> (Whistling Acres Ranch) has apparently completed repairs to parts of this fence for the past three <br /> years, but recognized that some repairs were completed by Larry Mautz's personnel last year. <br /> He also stated that he had seen some of the fence of concern a few years ago and about 80 % of <br /> the fence he saw was on the ground and in general disrepair, primarily due to snow load and <br /> wildlife activity. MCC and the Division observed the fence to be in similar disrepair this year <br />