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JIM TATUM 8 RSSUCIRTES TEL:~3-995-7191 May 11~ . a:1u no.uu~ r.uo <br />May 11, 1995 <br />Page 2 <br />of draw to 25-?7$. I am requesting WRITTEN CLARISICATION <br />from Mr. Pendleton that, either; <br />1. he was referring to the Woodward-Clyde report <br />and incorrectly named his source, or, <br />2. he was referring to a non-existent U.S. Bureau <br />of Mines report. If the mysterious report ie in <br />fact the Woodward-Clyde report please tell ma <br />exactly where this information is located, <br />b. On April 14th, Mr. Pendleton, in an effort to <br />dismiss Mr. Gerity's findings, states, "I would have to <br />review the Woodward-Clyde report to complete this <br />determination." If Mr. Pendleton circles a(1) above, as <br />the correct answer, he will not have to review the report, <br />as he is already familiar with it. Mr. Pendleton goes on to <br />say " I am also not familiar with the specitic commercial <br />version of the subsidence prediction software referenced by <br />rtr. Gerity." For the record the "commercial Version" of <br />software used by Mr. Gerity is the "SURFACE DEFORMATION <br />PREDICTION SYSTEM (VERSION 4.0) BY THE DEPARTMENT OF MINING <br />AND MINERALS ENGINEERING VIRGINIA POLYTECHNIC INSTITUTE AND <br />STATF. UtJIVERSZTY, BLACKSBURG, VIRGINIA AND HAS BEEN LICENSED <br />At:D DISTRIBUTED TO O.S.M.E. AND STATE REGULATORY AGENCIES." <br />riot exactly a commercial version software program, and, Z. <br />submit, a program Mr. Pendleton, as a qualified engineer, <br />shculd have been familiar with. <br />c. We would be more than happy to sell the State a <br />ccpy of the software used by Mr. Gerity and a copy of the <br />user's manual to assist Mr. Pendleton is his review. <br />Zt is very distressing to the citizen, to realize that <br />a state employee, whose job 1s suppose to be to protect the <br />rights of the citizen, while insuring that the eoal;mining <br />industry compiles with the rules and regulations,' would <br />commit such information to writing, representing same to be <br />fact, without verifying his source and refreshing his <br />memory. This does not appear to be an unbiased <br />investigation. <br />l am somewhat amazed that the State, who had full <br />knowledge of the Woodward-Clyde report in 1982, renewed the <br />permit for BRI, without requiring more stringent rules <br />regarding subsidence monitoring - 300 ft. from a structure <br />is obviously not an adequate distance which to initiate such <br />a plan, as proved by the damage my home has suffered. <br />. ...e. .: ,.ramu.a~awor...ruv,~ ..... n.. m:~l:+•-a ~...n~..:e ••.... a•~~:r er.. nr n. n.... <br />