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JXM TAj~M 8 ASSOCIATES TEL=7 995-7191 May 24.95 5=12 No.007 P.02 h. a~+y.~t ~c, :C.JCN4 ~. ~. ~. '. May 24, 1995 Page 2 thickness is 450 feet, my house can't be effected because it is more than 34? feet away, THEN when DMG corrects the distance from the mine to my home to 362.5 in the Auqust 12,,. 1993, letter, DMG using a 30 degree angle of draw 'and 445 foot overburden thickness, falls short of the "calculated effects from subsidence 116.2 feet..." from the structure. Consistent - I thi~~k not. The pre]iminary conclusion as related to me by Mr. Gerity after the May 19th on-site visit, expressed by the State and OSM, waE~ that the structural damage was related to the water problem from the roof. For the record, the FIRST indication we had that the house was moving was the creak in the dining room floor, the dining room window, and the constant movement in the roof. It is obvious that the damage to the upstairs Bitting room is water related, however, this WAS NOT a problem until the structure moved, and it became impossible to maintain the roof with the constant movement. KEEP IN MIND THIS HOUSE HAD NO PROBLEMS UNTIL AFTER THE MINING STARTED IN 1986 - A FACT WHICH CAN SE CONFIRMED BY 14ANY PEOPLE. I am requesting copies of the study protocols from all parties who wer= present at the last two on-site investigation::, resumes Prom Dr. Pendleton, Dr. Craft, and Dr. Kohl, as well ss responses to my last several letters. I am also enclosing a copy of the May 19, 1988, letter from the mine - refer to page 2, paragraph 1. The mine was well aware that they did not have to monitor the structure until they were one month away Prom mining under the structure. It is apparent that this STATE REQUIREMENT, Stipulation 28, which, in turn,-refers to Section 2.05:6 of the Board Regulations, is woefully inadequate as it does not define the distance from which they must monitor, only the time. This makes absolutely' no sense: The mine committed a fraud on us with an intentional perversion of the truth. The false, misleading, and untrue representations of. the mine induced us into agreeing with the mine's request.. Elements of a cause for "fraud" include Palse a reasonable person, or group of people, in the doing oP some act which a person of ordinary prudence would not have done. contributory negligence would be the act or omission amounting to want of ordinary care on the part of the complaining party, which concurring. with the defendant's