Pike County, Kentucky
Slope instabilities occurred on a mountain side in the Eastern Kentucky Coal Fields adjacent to a closed underground coal mine.
The land slide occurred on a steeply sloping mountain side about 1500 feet from the closed deep mine entrance. The ground surface near the slide had not been disturbed by mining activities, but ground water seepage was occurring near the elevation of the slides and the elevation of the coal seam that had been mined.
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 closed mine entrance had entrapped ground water forcing it to emerge as seepage, causing the slides.
It was shown that the seepage was a natural occurrence and that the closed deep mine did not cause water to back up as alleged. The slides were naturally occurring and were the most recent such events in a long history of slope instability of the natural mountain slopes.
The coal company was relieved of all responsibility by the administrative hearing officer after six days of testimony offered by the regulatory agency and the coal company.
The Attorney Client
For the Coal Company:
Baird & Baird
For additional information concerning this case,
STOKLEY-CHEEKS AND ASSOCIATES, INC
Copyright 2004 Richard Cheeks