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REBUTTAL REPORT TO <br />GERITY EXPERT REPORT OF FEBRUARY 2001 <br />1.0 MISSTATED DISTANCE, MINING TO TATUM HOUSE <br />Mr. Gerity (on page 2) states: "Underground excavation had been conducted within 350 feet to <br />the south of the house." The 350 measurement relates to the south end of the garage. The <br />distance from the closest mining to the house is actually 405 feet. <br />2.0 MISCONSTRUED EVIDENCE OF CURRENT 5U8SIDENCE IMPACT <br />As evidence of recent ground movement and surface subsidence, Mr. Gerity (on page 2) uses the <br />statement: "... a small tree had recently fallen dawn the embankment alortg with several rocks." <br />Afield inspection on February 20, 2001 confirmed the fallen tree and boulder fail but Found that <br />other similaz cut slopes along the railroad and the highway in areas not influenced by miuing <br />experienced cut slope raveling and mckfall that were equal to or greater than what Mr. Gerity <br />cited. These observations strongly indicate that the tree slump and rockfall ]vlr. Gerity cited were <br />caused by natural erosion processes not related to surface mine subsidence. <br />3.0 RANCHO ESCONDIDO RELEVANCE <br />Mr. Gerity's discussion (on page 3) of subsidence effects at Rancho Escondido have no bearing <br />an the question of alleged current subsidence of the Tatum structure. The Rancho Escondido <br />azea was longwall mined. The effects there were as expected and predicted and aze not <br />analogous to the effects of mining in the First North area. Also, these longwall panels were over <br />1,600 feet away from the Tatum structure and could have had no possible effect on that structure. <br />4.0 ERRONEOUS STATEMENT CONCERNING ENTRY 7 BLOCKAGE <br />Mr. Gerity (on page 6} states: "The final mine survey was not completed in the Batty 7 <br />(6/20/88) because the surveyors could not reenter the azea." It is true that the survey was not <br />Wright blazer Engineers, Inc. -]- 001-!67.000 <br />,CO.~ 6cic p8b r~1c:13;, ._ (3.4',u.; Y3!t'9 d9~19M cc.C( f,3h1110 Pi- 933 <br />