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-- f ' ,~ I III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. A complete inspection of the West Elk Mine was conducted by Christine Johnston of the Division. The inspection was conducted over two days. The weather was clear and mild the first day and raining on the second day. I met with Norm Every of MCC the morning of September 27th, and Henry Barbe accompanied me for the remainder of the inspection. Kathy Welt was available to discuss upcoming permitting for the west Elk Mine. This inspection was conducted under the normal inspection and enforcement program and for follow-up to a citizen complaint received August 29, 1995 from Larry and Elaine Mautz. The Division received two additional letters from the Mautzs' dated September 1.5, 1995 and September 18, 1995, which discuss the repairs done by MCC, the problems with those repairs, and additional damage to the cabin. I met with Larry Mautz and Norm Every. Since the Division's previous inspection, MCC has repaired the Lone Pine Gulch road. The culvert was cleared and the road regraded. The road was also regraded in the area of the Swale for the upper diversion ditch at the Lone Pine refuse pile. In addition, MCC cleared the slide off the road and regraded the road over the slide. Mr. Mautz said he was satisfied with MCC's work on the road. The letters written by Mrs. Mautz on September 15 and 18 discussed the inadequacy of the repairs done to the cabin. Mr. Every stated that MCC's second step in making the Mautzs' "whole" in respect to the cabin, will be to compensate them for the diminished value of the cabin. MCC has had an appraisal done on the cabin, but it is not available yet. MCC suggest that the diminished value would be based on this appraisal and an investigation by a structural engineer. Mr. Mautz was receptive to this idea and would like MCC to present a proposal to him. Mr. Mautz, while not satisfied with the repairs, stated that the cabin was not going to fall down and compensation based on the diminished value would be fine. We also inspected the damage that was recently noted on the furnace building located on the south side of the building where the caulking between the two buildings has been stretched. Availability of Records Records for the West Elk Mine were reviewed at the mine office. For comments regarding records reviewed, please see the enclosed 1