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