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Page 3, Mr. David A. Berry <br />This cracking, if it occurs, would be similar to the cracking associated with the existipg landslide <br />movements" pnd that "cracking due to subsidence would be ... difficult to distinguish' from natural <br />cracks and scarps." This report also concludes that "mining is unlikely to increase the incidence <br />or rate of movement of the smaller scale active landslides. These movements are likely to <br />continue with or without mining." Given that landslides have been documented in Lpne Pine <br />Gulch and continue to be prevalent, there is no evidentiary basis for holding MCC responsible for <br />the alleged damage to the spring. <br />12. MCC agreed to and began monitoring of Spring G-26B in September 1993. The spring <br />site was surveyed and records on the area reviewed. There is no adjudicated water right for <br />spring G-26B as shown in the Water Division IV's Water Rights Report (attached). The only <br />water right listed is the Jumbo Mountain Spring No. 3 Pond, which MCC believes is the same as <br />the spring called CR-12 and is located in the vicinity of spring G-26a. Furthermore, an inquiry <br />with the Colorado Division of Water Resources, Water Division IV regarding the status of the <br />Jumbo Mountain Spring No. 3 Pond resulted in a letter (attached) that states that there was no <br />record found to show that reasonable diligence was met on the conditional portion (the "pipeline") <br />of the decree, which was to be served by the pond. That water right may no longer be valid. No <br />repairs to the "pipeline" or plans for such have been initiated to date. <br />13. Yes, MCC is willing to meet and discuss a fair resolution to Mr. Mautz's concerns. As I <br />had mentioned to you a few weeks ago, the last few days during the week of February 21, 1994, <br />appear to be available for MCC. We offer meeting space in MCC's olTice building or would be <br />glad to arrange for a meeting room at the Paonia Town Hall or other off-site location. If it is <br />more convenient for you and Mr. Mautz, we can also travel to Denver. <br />Please contact me should you have questions regarding these responses. <br />Sincerely, <br />~.~~~t <br />Katlileen G. Welt, <br />Environmental Supervisor <br />cc: Scot Anderson <br />Henry Barbe <br />Gene DiClaudio <br />Christine Johnston, DMG <br />Steve Renner, DMG <br />Mark Scanlon <br />Attachments <br />