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house. Basin paid the Tatums the diminished fair market value of the house based on this <br />finding, and therefore satisfied the District Court judgment. <br />The Notice of Violation now pending before the Boazd alleges that cracks appearing in <br />the Tatum house after the District Court's decision in 1997 have been caused by subsidence <br />occurring at the Golden Eagle Mine. Basin disagrees. When experts engaged by Basin review <br />the physical facts of subsidence at the Golden Eagle Mine, the timing of subsidence, and the <br />relationship between the mine workings and the Tatum house, they conclude that the mine did <br />not cause the recent damage to the house. Indeed, they tend to agree with the Division and OSM <br />that it is unlikely that subsidence from the mine could ever affect the Tatum house. <br />The motion filed by the Tatums and the Division focuses on this latter fact. The motion <br />asks that the Boazd preclude Basin's experts from talking about whether subsidence could have <br />affected the house prior to 1997. It is rather difficult for an expert examining the facts of this <br />case not to address this issue, since mining in the First North section of the Golden Eagle Mine <br />(which is the section neazest the Tatum house) ended in 1988. Indeed, the Tatums themselves <br />allege that it is subsidence related to mining in 1988 that is causing the ongoing damage to their <br />house. <br />To be cleaz, by opposing the motion brought by the Tatums and the Division, Basin is not <br />asking the Boazd to overrule or otherwise act in a manner contrary to the decision of the District <br />Court. The Tatums filed a new citizens complaint, alleging new damage, and that complaint <br />gave rise to the Notice of Violation now being contested by Basin. Basin asks only that it be <br />allowed to mount a defense to the new claims made by the Tatums. By contesting this NOV, <br />Basin asks that the Boazd find that subsidence has not affected the Tatum house after 1997. That <br />is the only issue before the Board. The Board need not find that subsidence never affected the <br />-2- <br />