Laserfiche WebLink
IBLA 96-90,96-91 <br />of the residence. However, recent cracks appear in other portions of the structure also. We have considered a <br />variety of reasons for the damage that has oCCrured. Evidence does not exist to categorically attribute, the damage <br />to a specific cause; therulote judgment has to be applied. Considering the possible causes of the damage, it is our <br />opinion that the surface movements due to coal subsidence are a likely reason for the damage. <br />(Attwooll Report at 7.) <br />Also, Carlton E. Gerity, REJ Pioneer Engineering provided the Tatum with a "Progress Report on Tatum House <br />Subsidence Issues" on April 12, 1995. Therein, he referenced the Attwooll Report, characterizing it as having concluded <br />that "mining related subsidence could have caused the problem." (Gerity Report at 1.) In his opinion, OSM "used an <br />incorrect model in their computer subsidence analysis. The correct model indicates that mine-influenced ground movement <br />could certainly have affected the'ratum house." Id. DMG reviewed both of these reports and in a memorandum dated <br />April 14, 1995, Pendleton stated: <br />All the professionals involved agree that the Tatum residence is evidencing extreme structural distress. In my <br />opinion the conclusion of Messrs. Gerity and Attwooll is that it hasn't been exhaustively demonst ated that <br />subsidence did not cause the phenomena observed. I have discussed these reports with Mike Rosenthal of the <br />OSM. Based on our protessional experience in subsidence observation and evaluation, both Mr. Rosenthal and I <br />are of the opinion that there is insufficient evidence for US to conclude that subsidence caused the phenomena <br />observed at the Tatum residence. Semantically, these statements are not in contradiction. Inherent within their <br />structure is a disagreement reg zding the burden of proof: <br />On May 11, 1995.OSM and DMG officials, accompanied by BRI employees and Tatum' expert, Gerity, again <br />inspected die Tatum' residence. It was weed that another inspection would take place to include Dr. Jesse L. Craft, a <br />subsidence expert with the Technical Assistance Team, Program Support Division, Appalachian Regional Coordinating <br />Center, OSM. That inspection took place on May 23, 1995. Dr. Craft was accompanied by OSM, DMG, and BRI <br />representatives, as well as Gerity. <br />That same day, another expert, hired by the Tatums, John D. Reins, P.E., Senior Consultant with Madsen, Kneppers & <br />Associates, Inc., issued a report to the Tatums of findings and preliminary conclusions following his inspection of their <br />residence. At page 4-5, he stated: j' We understand that other investigators have concluded that surface movements due to <br />coal mine subsidence are a likely r6asorr for much of the damage to the house. Our observations and interpretations of the <br />distress are consistent with <br />151 IBLA 294