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16 <br />1 MR. BERRY: I remember the discussion. <br />2 I don't remember the exact words used. <br />1 3 MR. ANDERSON: All right. I'm reading <br />4 from the transcript from that hearing. <br />5 MR. BERRY: That's fine. <br />6 MR. ANDERSON: So you took the position <br />7 in the March hearing that there was no violation at <br />1 8 the Tatum property at the present time? <br />9 MR. BERRY: I think we were advocating <br />10 the position that we took relative to the <br />11 disposition of the NOV, which was stated, I think, <br />12 in the letter that Mr. Brown is referring to. <br />13 MR. ANDERSON: I'm not quite sure what <br />14 that answer was. Let's put the question this way: <br />15 Assume with me that the cracks that you observed <br />J 16 during your inspection still exist in the Tatum <br />17 house. Assume with me that Basin Resources has <br />18 undertaken no repairs of the cracks in the Tatum <br />l 19 house. <br />20 Is it your opinion on behalf of the <br />l 21 division that there is currently a violation of <br />1 22 either the Coal Act or the regulations promulgated <br />23 thereunder or the Golden Eagle Mine permit based on <br />24 those facts. <br />25 MR. BROWN: I object to these questions, <br />