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7BIA 96-90, 96-91 <br />of the residence. However. zecent cracks appear in other por- <br />tions of the structure also. We have ocrosi.dered a variety of <br />reasons for the damage that has occurred. does not <br />e~dst to categorically attribute the damage to a specific <br />cause; therefore, judgment has to be applied. C~sidering <br />tine possible causes of the damage, it is cur apinicm that the <br />surface rtoverents,ch;e to coal subsidenc~.e are a lilaely raasor- <br />,- . ;fos the damage. . <br />(Attwooll Report at 7:)~. . <br />Also, Carlton B. Gerity, P.B., Pia;eer * ~++*m*~ ~, provided the <br />Tatum with a "Pzogrnss Report m Tatum House Subsidence Issues" ortl <br />April 12, 1995. Therein, he referenced the Attwooll Report, rhaxacteriz- <br />ing it as having cc~cluded that "mining re]ated subsidence could have <br />caused the problem." (Cerity Report at 1.) In his opinion, 091 "used <br />an inoairect model in their omputer subsidence analysis. The cozrect <br />model indicates that mine-influenced grattd m~van~t caild certainly have <br />affected the Tatum house." Isi. II~ revi..etaied both of these reports and <br />in a msro2a~an dated April 14, 1995, Pendleton stated: <br />All the professionals involved agree that the Tatum resi- <br />denoe is evidencing extrs~e srn,rrn,~i distress. Ea my opin- <br />irn the ca~clusion of Messrs. (verity and Attwooll is that it <br />hasn't been exY~stively damnstrated that subsidence dial not <br />cause the phenan~la observed. I have discussed these reports <br />with MiJae Rosenthal of the (157+1. Based on our professional <br />~r+r;o,,.p in subsidence observatioc~ and evaluation, both <br />Mr. Rosenthal and I are of the opinion that there is insuf- <br />ficient evidence for us to oanclude that ~,~;~*+~ caused <br />the pt~arena observed at the Tatum resitiei~oe. Sementically, <br />these staten~ts are not in oontradictien. Inherent within <br />their structure is a disa¢ee~t regarding the burden of <br />proof. <br />On May li, 1995, OSM std iI93 officials, aooa~patue3 by l82I Htl7loyees <br />and Tatums' evert, Gerity, again inspected the Tatums' residence. It eras <br />agreed that another inspection uo-tld take place to incluc~_Dr. Jesse L. <br />Craft, a subsidence a with the llectmical Assistance Teen, Piogian Sup- <br />port Division, Ar**+r?ac*;~*+ Regional ~ardinating Center, OS~'1. That inspeC- <br />tien took place cm May 23, 1995. Dr. Craft eras acoompantied by ~!, II+G. <br />atxi SRI nepnesertatives, as well. as Gerity. <br />Rhat same day, another expert hired by the Tatuas, John D. Reins, <br />P.B., Senior Consultant with Madsen, ltneppers & Associates. Inc., issued a <br />report to the Tatung of findings and prelimis;ary oonclusia~s follo+ring his <br />inspection of their residence. At page 4-5, he stated: "We understairl <br />that other investigators have omcluded that surface its due to opal <br />mine subsidence are a likely reason Eor much of the damage to the house. <br />Our observ-atirais and intexpretattons of the ~~~+~s ate c~a~siste:tt with <br />.., <br />., <br />151 ffiA 294 <br />