| In the matter of Kade Coal company, Inc. No. 2 Mine I.D. No. 44-06483 | Petition for Modification Docket No. M-96-036-C |
Date Issued: 02/06/1997
On April 8, 1996, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to Petitioner's No. 2 Mine, located in Clifton Fork of Contrary Creek, Buchanan County, Virginia. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA investigators) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 77.214(a).
On the basis of the petition and the findings of MSHA's investigation, Kade Coal Company, Inc. is granted a modification of the application of 30 CFR 77.214(a) to its No. 2 Mine.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is ordered that Kade Coal Company, Inc.'s Petition for Modification of the application of 30 CFR 77.214(a) in the No. 2 Mine is hereby:
GRANTED, for modification of 30 CFR 77.214(a) with the following terms and conditions:
- All sloughed overburden material shall be removed for
12 feet in front of and to either side of the 4
abandoned drift mine openings.
- The existing 18inch plasticpipe drains, installed in
a rock drain wrapped in filterfabric, constructed for
each of the drift openings, and connected to a larger
collector drain, shall be covered to a minimum of 4
feet with impervious, noncombustible material. The
collector drain shall be constructed to extend to the
perimeter of the refuse facility.
- The drift openings shall be backfilled and sealed in 2foot lifts or less with impervious, noncombustible
material and shall be compacted to 90% of Proctor dry
density.
- The backfill material shall be placed to a minimum
thickness of 4 feet over any part of the exposed coal
seam and to 4 feet above the sealed drift opening or to
4 feet above any visible cracks in the highwall.
- The backfill material shall ensure an airtight seal for the coal seam prior to the placement of any coal mine refuse at the facility.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
 _________________________________ Robert A. Elam Deputy Administrator for Coal Mine Safety and Health |
