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Memo to Berry/Boulay <br />Jumbo Mountain Landeliding <br />page 6 <br />underground mining being conducted by Mountain Coal Company. <br />(2) The immediate area of this active landslide has been the locus <br />of repeated ancient, historic and modern episodes of similar <br />landsliding. <br />(3) The MCC extraction of coal has caused subsidence of the <br />overlying ground surface as projected and approved within <br />their mine permit. <br />(4) There is no evidence with which to definitively verify or <br />discount a connection between subsidence of the MCC mine <br />workings and this active landslide. <br />(5) Subsequent to the approval of underground coal extraction, <br />including prediction of ground surface subsidence by MCC, Mr. <br />Mautz chose to erect a guest ranch cabin within an area <br />predicted to experience potentially damaging subsidence. <br />(6) Subsidence occurred and minor structural damage was sustained <br />by the guest ranch cabin erected by the Mr. Mautz. <br />(7) MCC effected repairs to Mr. Mautz's cabin, with Mr. Mautz's <br />approval. MCC has subsequently offered Mr. Mautz compensation <br />for value diminution or additional repairs. <br />(8) Cracking and troughing has occurred on private roads within <br />the active landslide mass. These features appear to represent <br />a potential hazard to individuals using these roads. <br />(9) MCC has offered to effect repairs to these roads. Mr. Mautz <br />has refused to grant access to MCC's Contractor to accomplish <br />the proposed repairs. (Hopefully, Mr. Mautz and MCC can come <br />to some agreement to effect the repairs, in the interest of <br />minimizing risk.) <br />(10) Landslide impacts have occurred throughout the 30 to 50 acres <br />effected by the landslide in the SW1/4 of Section 24 on Jumbo <br />Mountain. These impacts include cracking, troughing, <br />rotational transformations, dewatering of "natural" ponds, <br />relocation of springs, and damage to vegetation. <br />(11) The landslide impacts evidenced within the Jumbo Mountain 1996 <br />landslide activity appear characteristic of landslides <br />throughout the North Fork valley. As such, this landslide <br />does not appear to constitute any anomalous risk to health and <br />safety or anomalous impact to the environment. No specific <br />remedial treatment of this landslide is required under the <br />