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~ 96-90, 96-91 that explanation." Concerning the foundations, he observed that "[t]here was no significant distress or evidence of movement affecting the concrete foundation walls of the basem~t at the west end of the hw.se." Itl. at 2. In the feundation of the central portion of the house, there were "no indi- cations of significant deterioration or distress," and he characterized the faax]ation as being "in surprisingly good cc¢riition considering the age of the structure." Id. He stated that he was unable to make a "close ar~d detailed inspection of the foundations for the eastern (two-story) portion of the house" because of "limited access." Id. at 2-3. In describing the exterior of the house, he stated that "the south wall above the second story level near the east erd of the house was badly deteriorated from prolonged exposure to moisture. The deterioration cor,~»~~ with the interior damage we noted within the upstairs sitting roan." Id. at 3. By letter dated;Jline 7; 1995;. LNG Yespmided.to four separate letters it had received fran the T~tums in May 1995 riegarding various aspects of the damage to the Thtums' house and investigations thereof. Therein, LNG stated: While it is true that we have observed evidence of movanent of the upper walls in an outward motion, absolutely no evidence of movanent of the foundation of the bane has been observed by any parties. Movement of the foundation is the critical indi- cator of mine subsidence. Without evidence of movement of the foundation we can make no finding except that mine subsidence has not impacted the home. Hluther We continue to believe that no subsidence related to the 1st north mains has occurned. ~ June 30, 1995, Dr. daft released the report of his May 19, 1995, .. inspection. At pages 7-8 of that report, he concluded: The Tatum Yuilding cxmplex is well outside any potential minuig-related subsidence influence--even when ocroservatively assuming that 75 percent of the coal had been extracted and curly 11 percent of the ovexi~urden is hardrock (Figures 3 and 4). With curly 34 percent actual coal extraction, and 50 per- cent actual hard rock, it is highly unlikely that any surface subsidence has ocairred over the 1 North entry. This conclu- sion is substantiated by two facts: 1) Ih7 railroad repair has talaan place wer the 1 North entry within the zone of expected maximum deformatirni other than normal maintenance; and 2) the subsidence monitoring over the similarly-amfigured 3 North entry shows no measurable subsidence. m„+t,p,-„Y,.w, if the building catplex was being influenced by mine related subsi- dence, the garage, patio, arrl oa~crete included in this area wand be damaged. The cracks an the horse world be tension type, and, therefore, wider at the base beoa[tixs3 narrow up~rards. The water draiirixlg into the 1 North entry is fran the coal bearing stratigraphic.intesval. The overburdai is 151.ffiA 295 .. 1. .t+ ic.i.