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03/16/2007 16:10 7198460159 <br />M~1R/16/200?/Fdl 12:05 PM DOI OSM W& DENVEI? <br />JIM TATUM <br />FAX No, 303 844 1450 <br />PAGE 05 <br />P, 035 <br />The Tatttnns.notified DMt in 1993 that they beliaycci necking in the walla of their <br />house had bran caused>,y subsidence resulting fiam Basin's coal mining activities. <br />151 TBI.A at 290. 17141Cs concluded that damage to the Tatum residence was not attributable <br />to coal ariue subsidence. ~ Dissatisfied with flue conclusion, the Tatums flied a Citizcn's <br />Complaint with QSM. Ise la response, OSM issued a ten day nntico (TDl~ m DMG, <br />1 addressing the damage to the Taium house, as well as other issues.' <br />Aa a result of the TDN, experts tom laMCr and OSM, as well as private consultants <br />hired by the Tatwns; conducted a series of investigations concerning whether the damage to <br />the Tatum resldmce was caused by coal tvdne subsidence. 151 IBLA Z91-97. l3aperts,fl'om <br />DMG and OSM tmifarmty concluded that me damage to the Tatum residence was not sauced <br />by coal mIDe subsidence. Tim Pendlctvn of D19IG found, fbr cxanaple, that wl~e there wan <br />ccacldng in the walls of fhe Tatum residence, dtere wsa nn damage t4 the faundatiort of $te <br />bttdditt$, and therefore the cracking was not caused by coalmine subsidence. 151 ISLA at <br />292. Mr7do Rosenthal, Chtief, Pigreical Sciences Branch, OSM, accepted Mr. Pendleton's <br />conclusion, noting that the lack o£ £oundatian £aiimn, coupled with worst case subsidence <br />modeling, "wrould indicate that subsidence is net the cause of the cracltixlg of the Tatum <br />hone." ~. Another OSMf subsidence expert, Jesse ~.. Craft, deterr~ned that the damage to <br />the Tatum zesidence was roost likely'caused by poor too£maintenatlce arrd dewatering of <br />soils in the vicinity o£ the house. ~d at 296. The DMC. and O5M experts fautld that tkte <br />Because the NOV at issue in this Application for Review coticanas voly the damage m the <br />Tatum residence, $asin will oat address the other issues raised in tlle'IDI~l. <br />r~ <br />1 <br /> <br />-2- <br />