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distance from the Tatum house), and argues that this explosion "was in exactly the same time <br />Game as the initial damage to the house." Id. Thus, in the matter now before the Boazd, the <br />Tatums' expert proposes a novel theory that addresses the initial cause of damage at the Tatum <br />house. Basin must have the opportunity to address [his theory. Mr. Gerity's theory, for example, <br />rests in part on his view that the initial damage to the house occurred in 1991. As noted in <br />Mr. Rold's report, Mr. Tatum testified in a deposition that cracks first occurred at the house in <br />1988, three years before this explosion. Basin would like the opportunity to respond to <br />Mr. Gerity's mistaken factual premises. Yet the motion filed by the Tatums and the Division <br />quotes Mr. Rold's conclusions about this theory as among the objectionable statements in his <br />report. <br />As a final example, Mr. Gerity's speculates that subsidence at the Golden Eagle mine <br />occurred as pillars punched into the floor of the mine. See, ems., Gerity Report at 9. Indeed, <br />Mr. Gerity's uses the premise that mine pillars punched into the mine floor to explain how mine <br />subsidence might continue to affect the Tatum house. See, ~, Gerity Report at 9-10 <br />(describing how pillar punching affects model inputs). Mr. Rold has reviewed borehole data <br />from the vicinity of the Golden Eagle Mine and determined that, in fact, the floor of the mine is <br />not soft. He notes in his report that "[t]he mine floor of sandstone and siltstone would resist <br />`punching' of the 80-foot square pillars, and would therefore minimize surface subsidence." <br />Wright Water Engineers Report at 7. Again, Basin presumes that it is this sort of conclusion that <br />the Tatums and the Division wish to exclude from the Board's consideration, but it is precisely <br />this sort of analysis that is required to address the arguments made by Mr. Gerity. <br />-8- <br />