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wf <br />(SMCRA subsidence provisions imposed liability only for causation). The Tatums have argued <br />in the pas[ proceedings and correspondence that mine subsidence must have caused damage to <br />their property because i[ stood unaffected for many yeazs, and was damaged only after mining <br />commenced in the vicinity. See, ~, Letter from Tatum to Rathburn at 3 (Nov. 8, 1994) (copy <br />attached as Exhibit A); Letter from Tatum to Rosenthal and McCannon at 2 (May 24, 1995) <br />(copy attached as Exhibit B). The Ta[um's expert makes the same claim in his report in [his <br />proceeding. C. Gerity, Report Concerning An Investigation Into Continued Damage to the <br />House and Water Supply Pipeline at the Soli[aris Ranch at 6-7 (Feb. 2001). Evidence offered at <br />the hearing on Apri125's will show that the house in fact manifested cracking well before mining <br />began in the First North panel of the Golden Eagle Mine. Even if the Tatums' claim were <br />accurate, the mere coincidence of timing is insufficient to establish causality. See, ems., <br />ICiesewetter, 147 IBLA 323, 326 (1999) (copy attached as Exhibit C). <br />Basin therefore asks that the Boazd consider the evidence offered at the hearing in this <br />light and find as a fact that subsidence from the Golden Eagle Mine has had no effect on the <br />Tatum house or property from 1997 to the present. <br />B. The Tatums Have Beeu Fully Compensated for Damage to Their House and <br />Therefore No Violation Exists. <br />As the Tatums and the Division have noted, the Colorado District Court in Las Animas <br />County found that subsidence from the Golden Eagle Mine damaged the Tatum house. The <br />Court reviewed evidence concerning the diminution of the value of the Tatum property and found <br />as a fact that the diminution of value to the Tatum property was $48,000. Findings of Facts, <br />Conclusions of Law and Judgment at 4-6, Tatum v. Basin Resources. Inc., Case No. 92CV 127 <br />