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<br />Mountain Coal Company <br />West Elk Mina <br />Poet Office Box 591 <br />Somerset, Colorado 81434 <br />Telephone 970 929-5015 <br />fez 970 929-5595 <br />~-~ , oU , -qq`1 -~ <br />August 06, 1997 <br />Ms. Susan McCannon <br />DMSION OF MINERALS AND GEOLOGY <br />Office of Mined Land Reclamation <br />1313 Sherrnart Street, Room 2l5 <br />Denver, CO 80203 <br />RECE!'1=~ <br />SEP ~ 5 1991 <br /> <br />Re: West Elk Mine, Permit No. C-30-007, Citizen Cumplaiut <br />Dear Ms. McCannon: <br />III IIIIIIIillllllll <br />999 <br />~` <br />Per Mountain Coal Company's (MCC) verbal agreement with you, attached are data from afollow-up <br />survey of the Mr. Mautz cabin completed on August 29, 1997, including a brief description of the survey <br />equipment and methodology, as well as a summary of the survey results. MCC believes that these data <br />support MCC's position that no further subsidence has occurred at the cabin and, therefore, no further <br />damage to Mr. Mautz's cabin, nor restriction of flow in the water line, has occurred as a result of <br />subsidence. <br />MCC has not been notified by Mr. Mautz that the water line has been or will be excavated by him. No <br />further investigation is planned by MCC. <br />Per his letter, Mr. Mautz bas alleged damage to his water line based on reference to a regulation that <br />requires the protection of "domestic water sources" presumably made by Mr. Mitch Rollings of OSM on <br />August 21, 1997, during yourjoint inspection of another complaint. MCC believes that the rule (4.05.15) <br />referenced by Mr. Rollings is clearly for the protection of vested water rights, and is not applicable to Mr. <br />Mautz's continuing problems with his cabin and appurtenant structures. <br />Please contact me should you have questions. <br />Sincerely, <br />Phil G. Schmidt, <br />Engineering Manager <br />cc: David Berry, CDMG <br />Michael Boulay, CDMG <br />Kirk Mueller, ARCC <br />Kathy Welt, MCC <br />