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Mr. Larry Mautz and Ms. Elaine Mautz <br />August 8, 1996 -Damage Complaints/West Elk <br />Page 2 <br />to pursue the matter in the civil courts. <br />Issue # 8 of your July 10, 1996 letter describes additional road damage located at several places <br />on Jumbo Mountain. On July 24, 1996, Michael Boulay (Division of Minerals and Geology) met <br />with you and Norm Every (Mountain Coal Company) to view the referenced damage. The specific <br />observations made that day are itemized in our inspection report issued July 30, 1996. I enclose <br />a copy of that report for your records. <br />During telephone conversations over the last few weeks, you have stated your belief that Mountain <br />Coal Company mine activities have created damage to your surface lands in the form of surface <br />cracks and destroyed vegetation. It is our understanding that you believe these cracks pose a health <br />and safety hazard and that both the cracks and possible destruction of vegetation jeopardize your <br />recreation business. Various laws and regulations may apply to this situation. The Colorado <br />Surface Coal Mining Reclamation Act (33-34-101 et. seq., C.R.S. 1973, as amended) and the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining are directly <br />administered by the Division of Minerals and Geology (DMG). I believe we previously sent full <br />copies of.these documents directly to you. The federal laws and regulations which apply are the <br />Surface Mining Control and Reclamation Act (Public Law 95-87) and the Code of Federal <br />Regulations, Title 30, Part 700. In Colorado, primary enforcement is implemented by DMG. The <br />federal Office of Surface Mining oversees the Colorado program. Other laws or regulations may <br />be applicable, but we can only provide comments relative to those laws or regulations within our <br />purview. <br />In one of your voice mail messages, you asked if Mountain Coal Company has posted a bond. A <br />reclamation bond is posted, and it is held in the event the company abandons the site. This bond <br />can only be used for reclamation of the mine site, if the Mountain Coal Company permit is <br />revoked. <br />In general, coal companies are responsible for preventing material damage caused by subsidence, <br />as defined in the regulations. The companies are also responsible for damage repair for structures. <br />Damage resulting in diminution of reasonably foreseeable use must also be addressed. Health and <br />safety hazards must be mitigated. <br />Enclosed you will also fmd a letter to Mountain Coal Company which directs them to take certain <br />actions. These include submittal of detailed maps of the possible subsidence cracks on Jumbo <br />Mountain, an analysis of the surface and subsurface processes which caused the cracks, and a repair <br />plan. <br />It is our understanding that you have asked Mountain Coal Company to stop their road repair <br />activities. Road repair should occur as soon as possible. However, we understand that you plan <br />to have other individuals view the cracks prior to repair. We encourage you to complete your <br />