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~51 Interior Dec. 286
<br />(Cite as: 151 Interior Dec. 286, *292, 2000 WL 1740340, **5 (D.O.I.))
<br />Page 6
<br />loor joists. The crawl space is excavated as much as 2 1/2 feet into shale
<br />~edrock. * * * No cracking or disaggregation of the grout was observed at any
<br />location in the field rock walls or the adobe leveling course. While props and
<br />hims had been installed at several locations beneath the joists, * * * no
<br />~ovement appeared evident at any of these supported locations. None of these
<br />shimmed supports had been unloaded or dislodged.
<br />However, in a subsequent memorandum to Susan McCannon, Coal Program
<br />supervisor, DMG, dated June 2, 1995, Pendleton admitted that he was unable to
<br />enter the crawl space beneath the eastern two-story portion of the house or to
<br />make any observations regarding the condition of the foundation there.
<br />In an undated "Trip Report," prepared by Mike Rosenthal, Chief, Physical
<br />ciences Branch, OSM, who took part in the February 1, 1995, investigation,
<br />Rosenthal concluded at page 2 that "there is little likelihood that there has
<br />een subsidence associated with the first north operation of the Golden Eagle
<br />ine that would have affected the Tatum home." In a February 16, 1995,
<br />memorandum to the Tatum file accompanying his Trip Report, Rosenthal stated:
<br />**6 I have reviewed the subject [DMG] report and agree with the conclusions
<br />~ade by Jim Pendleton. I have never observed actual subsidence damage to a
<br />structure where there has been no foundation involvement. The observation of no
<br />rastic foundation failure by Jim Pendleton, in conjunction with worst case
<br />ubsidence modeling, done by myself, would indicate that subsidence is not the
<br />cause of the cracking of the Tatum home.
<br />I By letter dated February 23, 1995, DMG notified OSM that it had completed its
<br />investigation into the subsidence question and that "the Tatum residence is not
<br />within an area where mine subsidence related to the 1st North Main of the Golden
<br />Eagle Mine is occurring or has occurred. Therefore the Tatum residence is not
<br />~ubject to mine subsidence impacts." By letter of the same date, it informed the
<br />atums of its conclusion. Five days later, the Acting Regional Director, Western
<br />Region Coordinating Center, OSM, sent information to the Tatums, which he stated
<br />~ad been *293 developed using "our subsidence prediction model" and utilizing
<br />the approximate "35-degree angle of draw you suggested to me:"
<br />As our original calculations indicate, using the actual extraction ratio,
<br />rrextraction thickness, and percent hardrock from the geological maps, subsidence
<br />pould not occur.
<br />In order to obtain an angle of draw of 34.52 degrees, we had to double the
<br />xtraction thickness (to 15 feet), half the percent hardrock (to 15%) and assume
<br />C00% extraction (versus 31%) The calculations are shown°on the attached
<br />computer printout. As you can see even with this theoretical situation, the
<br />ubsidence would be less than an one-eighth of an inch. We noted that under this
<br />~cenario that the railroad would have dropped 9.11 feet as it is located at the
<br />center of the subsidence curve. We found no evidence in the field indicating
<br />*.hat the railroad tracks had subsided. [FN3]
<br />The Tatums hired two professional engineers to assess the conditions at their
<br />esidence. Following a visit on February 23, 1995, William J. Attwooll, P.E.,
<br />Vice President of Aguirre Engineers, Inc., prepared a document for the Tatums,
<br />~ated March 16, 1995, and entitled "Report of Site Visit Observations Tatum
<br />:esidence." Therein, he described his observations of damage to the interior and
<br />exterior of the residence. He discussed possible causes of the damage and
<br />Copr. ® West 2001 No Claim to Orig. U.S. Govt. Works
<br />
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