1997-08-11_GENERAL DOCUMENTS - C1980007

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and also past years. It is MCC's position that the repair of usual, natural damages are not the responsibility of MCC. None-the-less, MCC provided laborers and materials to the BLM grazing lessee to complete routine maintenance of the fence this year. MCC intends to continue monitoring the fence line and roads within the area of influence of the 9 NW longwall panel and will repair, replace or compensate the landowner for any damages that may occur as a result of mining per Rule 4.20.3(2)and per MCC's permit commitment in Section 2.05.6(6)(e)(ii)(A-C) on page 2.05-122. As above, however, MCC believes that much of the fence was in general disrepair prior to mining. MCC has completed photo and video documentation of the north face of Jumbo Mountain, including Muffler Rock, for more than three years (and prior to mining). MCC has also spoken with members of the Graham family that have lived near and have (with past owners' permission) utilized the lands near Muffler Rock for several decades. Based on these photos and the conversations with the Grahams, along with observations of the rock accumulations and vegetative growth at the base of Muffler Rock, rock falls in this area have occurred historically and will probably continue. Rock falls of this kind are typically more active during the Spring thaw time of year. As you are aware, the north face of Jumbo Mountain is a large ancient landslide body, interspersed with many localized more recent and active landslides. Landslide activity has also been observed and documented on Jumbo Mountain in past years and is continuing. MCC has described the projected effects of mining on such surficial features on page 2.05-103 and 104 of MCC's permit. In MCC's letter of May 20, 1997, to Larry Mautz, MCC urged that precautionary measures, such as fencing and posting warning signs, may need to be taken. In Section 2.05.6(f)(iv)(A-D), on permit page 2.05-125, MCC has committed to monitor and to repair or block access on roads that may have been damaged by mining; and on public property, to post signs for hazards awareness. As was offered in the May 20 letter, MCC intends to assist Larry in posting the area and to resolve any damage to fences or roads that may have been caused by mining. To reiterate, MCC believes that this rock fall activity has occurred historically, but is willing to assist the landowner in posting and fencing the area. Please contact me should you have questions or require further information. Sincerely, Kathleen G. Welt, Environmental Supervisor cc: Gene DiClaudio, MCC Larry & Elaine Mautz Kirk Mueller, ARCC Legal Phil Schmidt, MCC