Petition for Modification
In the matter of
Double M Mining, Inc.
Auger #2 Mine
I.D. No. 46-08915
Docket No. M-2002-123-C
30 CFR 77.214(a)
PROPOSED DECISION AND ORDER
On November 25, 2002, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to the Petitioner's Auger #2 Mine, located in Amonate, McDowell County, West 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 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, Double M Mining, Inc. is granted a modification of the application of 30 CFR 77.214(a) to its Auger #2 Mine.
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 Act of 1977, 30 U.S.C., Sec. 811(c), it is ordered that Double M Mining, Inc.'s Petition for Modification of the application of 30 CFR 77.214(a) in Auger #2 Mine is hereby:
GRANTED, for the modification of 30 CFR 77.214(a) with the following terms and conditions:
1. The face up of the auger mine shall remove and take a cut to create a highwall and expose the coal seam and abandoned mine portals.
2. The coal seam shall be covered with inert soil material to a height of 4 feet above the seam.
3. The four exposed mine portals as well as the two punch out areas of the abandoned Greasy Creek Coal Company No. 2 Mine shall be sealed by placing and compacting incombustible soil material for a distance of up to 25 feet into the openings.
4. The area shall be backfilled with refuse material to eliminate the highwall and maintain a 2 to 1 slope, and covered with soil when refuse placement is complete.
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