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2007-05-10_ENFORCEMENT - C1981013
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2007-05-10_ENFORCEMENT - C1981013
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Last modified
8/24/2016 3:16:52 PM
Creation date
8/7/2009 3:58:43 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
5/10/2007
Doc Name
DRMS Brief in Support of NOV CV2007001, Civil Penalty & Proposed Decision on SI
Violation No.
CV2007001
Media Type
D
Archive
No
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IBLA 96-90,96-91 <br />dxat conclusion on his observations of the foundation of die house. He stated at page 3 of his report: <br />i <br />I entered the crawl space beneath the main floor from die partial basement. * * * I examined the crawl space <br />foundation walls by flashlight * * *. "The IbUn lation consists of field rock and mortar walls founded in excavated <br />trench[e]s. Two to three courses of unfinished adobe blocks are placed on top of lie field stone wall as a leveling <br />course. Finally, wooden blocks•support the floor joists. The crawl space is excavated as much as 2!/:! feet into <br />shale bedrock. * * * No cracking or disaggregation of the grout was observed at any location in the field rock walls <br />or die adobe leveling course. While props and shims had been installed at several locations beneath the joists, * * <br />* no movement appeared evident at any of these supported locations. None of these shimmed supports had been <br />unloaded or dislodged. <br />However, in a subsequent'memoruxlun to Susan McCannon, Coal Program Supervisor, DMG, dated June 2, 1995, <br />Pendleton admitted that he was unable to enter the crawl space beneath the eastern two-story portion of the house or to make <br />any observations regarding the condition of the toundation there. <br />In an Undated Trip Report," prepared by Mike Rosenthal, Chief, Physical Sciences Branch, OSM, who took part in the <br />February 1, 1995, investigation, Rosenthal concluded at page 2 that "there is little likelihood that there has been subsidence <br />associated with the first north operation of the Golden Eagle Mine that would have affected the Tatum hone." In a <br />February 16, 1995, memorurdL i im to the Tatum file accompanying his Trip Report, Rosenthal stated: <br />I have reviewed the subject [DMG] repot and agree with the conclusions made by Jim Pendleton. I have never <br />observed actual subsidence dxnage to a structure where there has been no focuxiation involvement. The <br />observation of no drastic foundation failue by Jim Pendleton, in coniunction with worst case subsidence <br />modeling, done by myself 'Would indicate that subsidence is not die cause of the cracking ofthe Tatun home. <br />By letter dated Febnkuy 23, 1995, DMG notified OSM that it had completed its investigation into the subsidence <br />question and that "the Tatum residence is not within an area where mine subsidence related to the 1 st North Main of the <br />Golden Eagle Mine is occurring or has occured. Therefore the Tatum residence is not subject to mine subsidence impacts." <br />By letter of the same date, it infomhed the Tatum of its conclcsion Five days latex, the Acting Regional Director, Westem <br />Region Coordinating Center, OSM, sent infonnation to the Tatums, which he stated had been <br />151 IBLA 292
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