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ENFORCE28355
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Last modified
8/24/2016 7:35:41 PM
Creation date
11/21/2007 11:55:10 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
1/13/2000
Doc Name
JIM & ANN TATUM
From
US DEPARTMENT OF THE INTERIOR
Violation No.
TD1993020370005TV3
Media Type
D
Archive
No
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IBSA 9.6-90, 96-91 <br />of the residence. However, recent cracTrs appear in other por- <br />tions of the structure also. We have considered a variety of <br />reasons for the damage that has occurred. Evidence does not <br />exist to categorically attribute the damage to a specific <br />cause; therefore, judgment has to be applied. Consideri~ <br />the possible causes of the damage, it is cur opinion that the <br />surface awenents due to opal subsidence are a likely reason <br />::• fem. ~.~~• ~,,. <br />(Attwooll Report at 7 :) <br />Also, Carlton E. Gerity, P.E., Pioneer Rrn;n~^*±g, provided the <br />T~tums with a "Progress Report ce ThttmtHouse Subsidence Issues" ce <br />April 12, 1995. 'Therein, he reference3 the .~.ttwooll Report, characteriz- <br />ing it as having concluded that "mining related subsidence could have <br />caused the problem.° (GPSity Report at 1.) In his opinion, OSM "used <br />an incorrect model in their catfuter subsidence analysis. 'The wrrect <br />model indicates that mine-influenced ground mcvet~nt could certainly have <br />affected the Tatum house." ~. II~ reviewed both of these reports and <br />in a marorand~an dated April 14, 1995, Pendleton stated: <br />All the professionals irnolved agree that the Tatum resi- <br />dence is evidencing extreme structural distress. In -n5' opin- <br />ion the conclusion of Messrs. Gerity and Attwooll is that it <br />hasn't been exhaustively demonstrated that subsidence did not <br />cause the phenamna observed. I have discussed these reports <br />with Mike Rosenthal of the OSM. Based on our professional <br />experience in subsidenr~ observation aryl evaluation, both <br />Mr. Rosenthal and I are of the opinion that there is insuf- <br />ficient evidence for us to conclude that subsidence caused <br />the pt~s~a observed at the Tatum residence. Sa~antically, <br />these statements are not in centradiction. rnr,A„A.,t within <br />their structure is a disagzearent ~~~*~ the burden of <br />Proof <br />On May 11, 1995, OSM and lI''G officials, acea~anied by BRI arQloyeee <br />arri Tatums' expert, Gerity, again inspected the Thtums' residence. It was <br />agreed that another inspection would take place to inelude.Dr. Jesse L. <br />daft, a subsidence expert with the Thchnical Assistance Team, P.tngr~n Sup- <br />port Division, Appalachian Regional Ccordinating Center, OSM. 'That inspec- <br />tion took place on May 23, 1995. Dr. Craft was acea~arued by ~9, LIFT;, <br />and IiRI representatives, as well as Gpsity. <br />That same day, another expert hired by the Thtums, John D. Reins, <br />P.E., Senior Consultant with Madsen, Kneppers & Associates, Inc., issued a <br />report to the Tatums of firdirx~s and preliminary conclusions follovring his <br />inspection of their residence. At page 4-5, he stated: "We understand <br />that other isrvestigators have concluded that surface movem°nts due to coal <br />mine subsidence are a lilaely reason for much of the damage to the house. <br />Our observations and inter**rptations of the distress are consistent with <br />'~ <br />151 IBLA 294 <br />
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