GENERAL54007

• Permit No: C1981013
• IBM Index Class Name: General Documents
• Doc Date: 4/14/1995
• Doc Name: TATUM RESIDENCE SUPPLEMENTAL REPORTS
• From: DMG
• To: SUSAN MCCANNON
• Permit Index Doc Type: CITIZEN COMPLAINTS
• Media Type: D
• Archive: No

iii iiiiiiiiiiiuiii •

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
131 3 Sherman 51.. Room 215
Denver, Colorado 80207
Phone [phone]
FA%:13031 8328106
DATE: April 14, 1995
TO: Susan McCannon
FROM: Jim Pendleton
RE: Tatum Residep~e -~.9tipplemental Reports
Roy Romer
Governor
lames 5. Lochheazl
Executive Dnecmr
M¢hael N Long
Division DneUOr
I have completed a review of the report by Carl Gerity, P.E.,
Subject Titled "Progress Report on Tatum House Subsidence issues",
forwarded to your attention by Ann Tatum on April 13th. I have
also previously reviewed a similar report prepared for Mrs. Tatum
by William J. Attwooll, P.E. & Vice President of Aguirre Engineers,
Inc., dated March 27, 1995. Mr. Gerity's report presents
conclusions regarding subsidence mechanics in the area of the Tatum
residence. Mr. Attwooll's report focus's upon examination of the
architectural stress occurring to the Tatum residence.
Mr. Gerity concludes: "The conclusions of the letter / memo by
State of Colorado, Department of Natural Resources, Division of
Minerals and Geology, dated February 16, 1995 and the Office of
Surface Mining in a Memo dated February 16, 1995 and a letter dated
February 28, 1995 are not necessarily supported by the study of
Woodward-Clyde at the Allen Mine, or the report by Aguirre
Engineers, Inc. dated March 16, 1995." Mr. Attwooll similarly
concludes: "Evidence does not exist to categorically attribute the
damage to a specific cause; therefore, judgment has to be applied.
Considering the possible causes of the damage, it is our opinion
that surface movements due to coal mine subsidence are a likely
reason for the damage."
All the professionals involved agree that the Tatum residence is
evidencing extreme structural distress. In my opinion the
conclusion of Messrs. Gerity and Attwooll is that it hasn't been
exhaustively demonstrated that subsidence did not cause the
phenomena observed. I have discussed these reports with Mike
Rosenthal of the OSM. Based upon our professional experience in
subsidence observation and evaluation, both Mr. Rosenthal and I are
of the opinion that there is insufficient evidence for us to
conclude that subsidence caused the phenomena observed at the Tatum
residence. Semantically, these statements are not in
contradiction. Inherent within their structure is a disagreement
regarding the burden of the proof.
~~~
DEPARTMENT OF
NATURAL
~'~~~ RESOURCES