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III III IIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone (703) 866-3567 <br />FA%: (3031 83 2-81 06 <br />August 9, 1996 <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />GOVelnUf <br />Mr. Larry Mautz and Ms. Elaine Mautz lames 5 Lochhead <br />Colorado Guest Ranch Execwive Direcw~ <br />Michael B Long <br />1938 Highway 133 Division Director <br />Paonia, CO 81428 <br />RE: DAMAGE COMPLAINTS -West Elk Mine - C-80-007 <br />Dear Mr. and Ms. Mautz: <br />On July 15, 1996, we received a letter from you (dated July 10, 1996) which provided specific <br />concerns regarding the pending cabin damage complaint. This letter also referenced other problems <br />which you believe have resulted from ongoing coal mining at the West Elk Mine. We also received <br />a FAX letter from you on August 6, 1996. In addition to the referenced letters, we have spoken <br />by telephone and communicated by voice mail several times in the last few weeks. <br />The cabin damage issue remains unresolved; however, it is our hope that a specific resolution will <br />occur shortly. As stated above, we received your damage itemization on July 15, 1996. We also <br />expect to receive a detailed survey report from Mountain Coal Company shortly. This report <br />should contain a summary of all survey data to date. This report will be provided to you as soon <br />as it is received. Once we have the report from Mountain Coal Company, along with your damage <br />listing, we will pursue a fmal resolution. Our observations made during the June 12, 1996 meeting <br />at the cabin will also be used to assist with the resolution. Mountain Coal Company will be <br />responsible for repairing any damage to the cabin which can be shown to have resulted from coal <br />mine subsidence. I enclosed a letter of June 21, 1996 to Mountain Coal Company regarding the <br />cabin issue. <br />Your July 10, 1996 letter references damage to the "road up Lone Pine" (Issue rY6). We did <br />observe some small cracks on the road surface during our June 12, 1996 meeting. We will direct <br />Mountain Coal Company to repair the cracking. <br />Your letter of July 10, 1996 also references an issue regarding the Lone Pine underground <br />development rock pile (Issue 1t7). The pile was built and reclaimed in compliance with the <br />Mountain Coal Company permit. Mountain Coal Company has presented a surface access <br />agreement which appears to allow the pile construction. We understand you may not agree that <br />the access agreement allows such activities. If a disagreement still exists between you and <br />Mountain Coal Company as [o the intent of the access agreement, then it may be necessary for you <br />