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Bah1C/<Fidl •0©:•22~ ?1399571.91 JIM TATUf4 ASSGC PAri= ~~~ <br />10. Based on the determination just described, this Court entered judgment in the amount of <br />the diminution in the market value of Solitario Ranch attributable to the initial subsidence <br />dama¢_e that the TATUIIIS' adobe residence house sustained. Tl,i.s (`r,i,rt's I.lecember 1. <br />1997, judgment also included additional amounts in favor of the TATUl1iS on causes of <br />action not relevant to this proceeding. <br />11. BASII~f fully sarisIIed this Coun's December 1, 199%, judgment. <br />12. Coal mine subsidence in the workings BASIN abandoned near the adobe restdence house <br />on Solitarin Ranch rtmtin„exi to cause movement of the ground beneath or adjacent to the <br />house after December 1, 1997. <br />l3. Alternatively, the coal mute subsidence that this Court found to have occurred prior to <br />December 1, 19y7, has continued since that date to cause movement of the ground <br />beneath or adjacent to the adobe residence house. <br />14. Ground movement beneath or adjacent to the adobe residence house after December 1, <br />1997, as the result of coal mine subsidence in BASIN's underground workings has again <br />uauscd the walls of the adobe residence to crack and has again caused one wall of the <br />structure to separate from an adjacent wall. <br />15. As a result of continuing, suhsidence-indnced damage to the adobe residence house after <br />December 1, 1997, the TATUMS have sustained additional diminution in the market <br />value of Solitario Ranch in excess of the diminution this Cotut's 17ecrlltbcr I, 1997, <br />judgment attributed to the initial subsidence damage that BASIN caused. <br />16. On or about October 16, 2000, Ann Tatum transmitted to the federal Office of Surface <br />Mining Reclamation and Enforcement ("OSM") a request for inspection of BASIN's <br />Golden Eagle Mine and Cor issuance of appropriate enforcement action in light of <br />BASIN's failure either to repair or oomprnsate the TATUMS for subsidence damage that <br />BASIN's upclatiuus llad caused to an adobe residence house at Soli[ario Ranch after <br />December 1, 1997. <br />l7. On or about October 18, 2000. pursuant to federal regulations, II.CT\4 nnrified I1MC of <br />Anrt Tattltrt's inspection and enforcement request. <br />18. On or about October 25, 2000, in response to Ann Tatum's inspection and enforcement <br />request, DMG inspected [he adobe residence ltotise at Solitano Kanch and the land above <br />and adjacent to BASIN's underground mine workings. <br />19. On nr ahou[ Nnvemher 1 , 70(Nl, ere a result of conditions observed :utd information <br />gathered during the inspection just described, DRIG issued Notice of Violation No. C\'- <br />2000-009 to BASIN for failure eitlret to repair subsideuce darna~c to tltc adube residence <br />3 <br />