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,, <br />mining engineer Mike Rosenthal, visited the Tatum home to conduct <br />an investigation of the subsidence allegation. See AR III-3. <br />9. On February 8, 1995, Mr. Pendleton issued a report in <br />which he stated his observations from the February 1, 1995, <br />inspection. At the end. of the report, on pages 4 and 5, Mr. <br />Pendleton concluded that subsidence was not the cause of the <br />damage to the Tatum home. See AR III-3. <br />10. On February 16, 1995, Mr. Mike Rosenthal issued his <br />"trip report" concerning the February 1, 1995, visit to the Tatum <br />home. In the report, Mr. Rosenthal concludes that <br />there is little likelihood that there has been <br />subsidence associated with the first north operation of <br />the Golden Eagle Mine that would have affected the <br />Tatum home. <br />See AR III-5. <br />11. On February 16, 1995, OSM employee Mike Rosenthal <br />issued a memorandum concerning the February 8, 1995, report by <br />DMG employee Jim Pendleton referred to in item 8, above. In the <br />memorandum, Mr. Rosenthal stated that he had reviewed the report <br />by Mr. Pendleton and agreed with the conclusions reached by Mr. <br />Pendleton. See AR III-6. <br />12. By letter dated February 23, 1995 (see AR III-2), DMG <br />informed OSM that, as requested by OSM Deputy Director Ed Kay, <br />6 <br />