Floyd County, Kentucky
Slope instabilities on a natural mountain slope in the Eastern Kentucky Coal Fields adjacent to a closed contour strip mine.
A steep mountain slope between the creek level and the reclaimed strip mine bench experienced slope failure several years after completion of mining and reclamation of the strip bench to approximate original contour.
Property owners below the slides initiated administrative complaints against the coal company alleging the slides were a consequence of previous mining on the theory that the coal company had placed mine spoils onto the undisturbed natural slope below the mine level, causing the slope to fail.
It was shown that the flow of water in the creek channel following significant rainfalls eroded the toe of the slope, causing a progressive failure in the slope above the creek.
The coal company was relieved of all responsibility by the administrative hearing officer after hearing testimony offered by the regulatory agency and the coal company.
The Attorney Client
For the Coal Company:
Francis, Kazee, & Francis
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STOKLEY-CHEEKS AND ASSOCIATES, INC
Copyright 2004 Richard Cheeks