Laserfiche WebLink
iiiiiiiiiiiiiiiiiii <br />999 <br />STATE OF COLORADO <br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparimeni of Natural Resoun es <br />1313 Sherman SL, Room 215 <br />Denver. Colorado 80203 <br />Phone: (3031 866-3567 <br />FAR (30J1 832-8106 <br />DATE: December 11, 1997 <br />TO: Mike Boulay <br />FROM: Jim Pendleton n^- <br />RE: bleat Elk M' e - Mo tain Coal Company, Inc. - <br />TDN: Subsidenc Impacts to the Mautz Property <br />(Permit: C-80-007) <br />~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ruv Romer <br />Governor <br />tames 5. Luchhead <br />E~rculive Director <br />hLrhaelB Long <br />Dlm lion Drteaar <br />This memo summarizes my observations in response to the Ten Day Notice <br />regarding landsliding overlying and adjacent to the West Elk Mine's Jumbo <br />Mountain underground coal mine workings. Mr. Larry Mautz, owner of the <br />surface has alleged that landsliding which has affected his property is <br />subsidence-related and constitutes material damage by Mountain Coal <br />Company (MCC). He further believes that MCC has an obligation under our <br />law and regulations to repair the landslide damage and/or compensate him <br />for alleged business income impacts. I examined these landslides during <br />a citizen's complaint inspection on August 21, 1997, in the company of <br />Susan McCannon, Norm Every and Phil Schmidt of MCC, and Mitch Rollings, <br />Mike Rosenthal and Gene Hay of the Office of Surface Mining. Larry <br />Mautz, the land owner accompanied us on the inspection. <br />Mr. Mautz also alleges that the potential threat of subsidence due to <br />undermining has caused his property to be devalued by $1,080,000 in the <br />past several years. He offers as evidence of this devaluation two <br />opposing appraisals of the Chipeta Guest Ranch. <br />My analysis, which I summarize here below, has allowed me to conclude: <br />(1) Recurrent episodes of landsliding have affected the north slope of <br />Jumbo Mountain, separated by periods of relative stability. It is <br />probable that landsliding will continue to effect the subject <br />property. <br />(2) Subsidence may have accelerated the occurrence of this most recent <br />episode of instability of the Muffler Rock scarp. <br />(3) Landsliding on Jumbo Mountain, even if caused or reactivated by <br />subsidence, does not constitute a material damage. <br />