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-~ <br />_ ti <br />I~~ <br />o ~II ~~~~I~~I~~~~~ ~~~ <br />Mountain Coal Company (, -24-97 D ' ` <br />West Elk Mine <br />Post Office Box 591 " <br />Somerset, Colorado 87434 <br />Telephone 970 929-5015 <br />Fax 970 929-5595 <br />RECEIVED <br />June 23, 1997 <br />JUN2j~~ <br />Mr. David A. Berry OIViSIOn OI MIdEt819 6 aet3le~y <br />Mr. Michael P. Boulay <br />DIVISION OF MINERALS AND GEOLOGY <br />Office of Mined Land Reclamation <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: West Elk Mine, Permit No. C-80-007, Status of 9 NW Panel <br />Dear Dave and Mike: <br />Mountain Coal Company (MCC) has completed mining of the 8 NW longwall panel and is <br />currently longwall mining the 9 NW panel of the West Elk Mine. These panels are generally <br />located under Jumbo Mountain. Surface ownership of the lands overlying the panels is Larry and <br />Elaine Mautz north of the south section line of Sections 23 and 24, T13S, R91 W and Section 19, <br />T13S, R90W, and is BLM south of this south section line (see the attached map). An old three <br />and four-wire fence line and a few jeep trails, most originally constructed for exploration access, <br />exist on these properties. As of the first of this month, the longwall face of the 9 N W panel was <br />located between cross-cuts # l2 and # 13, to the east of the surface feature labeled on the map as <br />"Muffler Rock". Mining of this panel was begun on January 07, 1997. <br />Both the Division and MCC have recently been contacted by telephone and letter by Larry and <br />Elaine Mautz with concerns of alleged subsidence damage to the south fence line and of rock fall <br />activity from Muffler Rock. In response to these concerns, MCC inspected these azeas with <br />Larry Mautz, and also accompanied the Division and Larry Mautz on another inspection of these <br />areas. <br />MCC has also contacted the BLM to inquire of other or similaz concerns. Mr. Jim Sazama of the <br />BLM stated that the BLM claimed no ownership of the fence (and therefore had no concern with <br />alleged damage), but also stated that the BLM has had past issues with this fence, due to missing <br />lengths and/or its state of disrepair. Mr. Sazama said that the grazing lessee on the BLM lands <br />(Whistling Acres Ranch) has apparently completed repairs to parts of this fence for the past three <br />years, but recognized that some repairs were completed by Larry Mautz's personnel last yeaz. <br />He also stated that he had seen some of the fence of concern a few years ago and about 80 % of <br />the fence he saw was on the ground and in general disrepair, primazily due to snow load and <br />wildlife activity. MSC and the Division observed the fence to be in similar disrepair this year <br />