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~• I suspect that Mr. Gerity is inappropriately comparing mechanical observations conducted above retreat-extracted conventional mining and longwall extraction at the Allen Mine (now referred to as the New Elk Mine) with the expressly non-retreated "limited-extraction" conventional mining in the portion of the Golden Eagle underground workings in question. I would have to review the Woodward-Clyde report to complete this determination. I am also not familiar with the specific commercial version of the subsidence prediction software referenced by Mr. Gerity. I would have to obtain and manipulate the software in order to complete an opinion regarding the applicability of the particular modeling he has completed. In order to complete the analyses suggested above I project that approximately one to two man weeks would be required. My schedule is such that the earliest opening in my schedule which would accommodate such a demand might occur in July. The other professionals on State staff, Bruce Stover of our Division or Jeff Hynes of the Colorado Geological Survey, have equally committed schedules. Other options, such as contracting with a consultant would be prohibitively time demanding and inordinately expensive. Based upon my original examination of the Tatum residence and the surrounding area, my review of the reports submitted by the Tatums, and my discussions with Mike Rosenthal, it is my recommendation that the Division not expend any additional professional effort in responding to the Tatum's allegations. The OSM has found our response to the TDN to be acceptable. If the Tatum's chose to pursue litigation, time will be available with which to complete additional analyses. In closing, I feel compelled to reiterate a point I have made previously. The Tatum's residence, for whatever reason, is experiencing extreme structural and architectural distress. The structure is a significant historical and architectural resource, which I suspect would easily qualify for inclusion on the National Registry of Historic Structures. The distress was severe enough at the time that I examined the building, that it might conceivably expose the occupants and the structure to hazard if it is allowed to worsen. I hope that the Tatum's are taking appropriate steps to accomplish necessary remedial activity. The longer that remedial activity is delayed the more significant and costly the required repairs may become. cc: Mike Rosenthal, OSM Dan Hernandez Randy Price Mike Long, Director Doc: M:\COAL\JAP\TATUM.NO JP/JP