Petition for Modification
In the matter of
Coastal Coal Company, LLC
VICC #3 Mine
I.D. No. 44-06853
VICC #8 Mine
I.D. No. 44-06906
Docket No. M-2002-088-C
30 CFR 77.214(a)
PROPOSED
DECISION AND ORDER
On October 1, 2002, a petition was filed
seeking a modification of the application of 30 CFR 77.214(a) to the Petitioner's
VICC #3 Mine, I.D. No. 44-06853, and VICC #8 Mine, I.D. No. 44-06906, and the
related refuse area, locally known as the Caledonia Pit located on Meade Creek
off State Route Alt.58, North of Virginia City, Wise 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,
MSHA's investigative report and recommendations, this Proposed Decision and
Order is issued.
Findings
of Fact and Conclusion of Law
The alternative
method proposed by the petitioner will at all time 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, Coastal Coal Company, LLC is
granted a modification of the application of 30 CFR 77.214(a) to its VICC #3
Mine and VICC #8 Mine, and the related refuse are in the Caledonia Pit.
Refuse from both
Coastal Coal Company Mines will be used to fill the pit and reclaim the area
that contains two abandoned Eastover Mine Company openings into the Jawbone
coal seam.
Order
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 Actof1977, 30 U.S.C., sec. 811(c), it is ordered that Coastal Coal Company, LLC's Petition for Modification of the application of 30 CFR 77.214(a) for the Petitioner= s VICC#3 and #8 Mines and the related Caledonia Pit Refuse Area is hereby:
GRANTED, for the modification of 30 CFR
77.214(a) with the following terms and conditions:
1.
All sloughed overburden material
shall be removed from the front of, and to either side of the two exposed drift
openings for a distance of approximately 12 feet to allow placement of suitable
backfill material for sealing.
2. Remove all standing water from the
pit and the two mine openings.
3. Backfill the two portal area with
impervious, non-combustible material for a minimum of 20 feet and compact in
1-foot lifts to 90% Proctor dry density to ensure an airtight seal.
4. Backfill and seal all coal seams
exposed in the pit with a minimum of four feet of non-combustible material
above the top of each seam and provide a 2:1 slope. The material is to be placed in 2-foot lifts and tested for
optimum uniform compaction.
Any party to this
action desiring a hearing on this matter must file in accordance with 30 CFR
44.14, as within 30 days. The request
for hearing must be filed with the Administrator for Coal Mine Safety and
Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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 the 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 Order will become final and must
be posted by the operator on the mine bulletin board at the mine.
John F.
Langton
Acting
Deputy Administrator
for Coal Mine Safety and
Health
