Laserfiche WebLink
<br />the law completely bars Basin from presenting opinion evidence in this proceeding based, expressly <br />or by implication, on the conclusion that coal mine subsidence has never damaged Solitario. <br />Both expert witness reports that Basin has submitted in this proceeding conclude that coal <br />mine subsidence at Basin's Golden Eagle Mine could not have damaged Solitario either prior to <br />1997 or thereaRer. See Wright Water Engineers, lnc., Evaluation ojPotential Mining Subsidence <br />Effects on Tatum Residence (February 2001) at 2 (citing conclusions of others that "the [coal] pillars <br />in the 1"North workings would be stable using factors of safety calculations, even if one assumes <br />a loss of strength due to flooding of the workings"), 3 (citing reports that there were cracks in the <br />Solitario residence structure prior to Basin's mining operation and concluding that "the physical <br />relationship between the 1"North workings and the Tatum residence shows that mining did <br />not cause the.crac4ing at tie Tahtm residence" and that "[s]ince the adobe house wss , <br />experiencing cracking in the 1980s, the 1991 explosion [at the Golden Eagle Mine) or potential <br />coal bumps related to longwall mining after May 1991 could not have initiated the structural <br />damage"), 7-10 (reviewing pre-1997 subsidence-related data, challenging the opinion of Cazlton <br />Gerity regazding pre-1997 subsidence effects on Solitario, and concluding that "subsidence related <br />to the 1"North workings had no opportunity to affect the Tatum residence in the period afer <br />1997, or, for that matter, at any prior time" and that "[c]oal bumps or the methane explosion <br />therefore could not have initiated the cracking at the Tatum residence");' Letter from Robert <br />W. TTrompson to Davis, Graham & Stubbs LLP dared Febniarv 9, ?001 (incorporating the author's <br />1994 expert witness statement, reasserting opinions expressed in the author's 1997 testimony in the <br />' DMG and the Tatums attach as Exhibit B to this motion a copy of the text of this <br />report, without the attached tables, figures, and map. <br />