In the matter of
Cyprus Plateau Mining Corporation
Willow Creek Mine
I.D. No. 42-02113 .
| Petition for Modification
Docket No. M-95-168-C
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Date Issued: 06/06/1997
PROPOSED DECISION AND ORDER
On November 7, 1995, a petition was filed seeking a modification of the application of 30 CFR 75.352 to Petitioner's Cyprus Plateau Mining Corporation Willow Creek Mine, located in Carbon County, Utah. The Petitioner alleges that application of this standard will result in a diminution of safety to the miners and that the alternative method proposed in the petition will at all times guarantee no less than the same measure of protection afforded by the standard.
The petitioner alleges that the use of two-entry longwall development mining systems reduces the likelihood of coal bumps, roof falls and other hazards related to mining under deep cover or highly stressed ground conditions. Therefore, developing with additional entries to comply with isolation of the belt entry from a separate return entry and diverting belt air directly into the return aircourse diminishes the safety of miners as compared to utilizing the belt entry as a return aircourse during development mining, provided appropriate atmospheric monitoring and early warning fire detection and other precautions are utilized. Also, the petitioner alleges that the proposed alternate method outlined in the petition to use the belt entry as a return air course to during development mining will at all times guarantee no less than the same measure of protection afforded by the standard. The same diminution of safety and alternative method allegations apply to the application 30 CFR 75.350 (which requires belt haulage entries to be separated from intake and return aircourses), but are addressed by petition under a separate docket number (M-95-166-C).
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 and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
As part of the investigation, the Ground Support Division of MSHA’s Denver Safety and Health Technology Center conducted an evaluation of the ground control aspects of the Petitioner’s Willow Creek Mine, and submitted a report of its findings. The report substantiated that this operation will be mining multiple, gassy, dipping coal seams under deep cover and rugged topography. In fact, beginning with projected Panel D-1, the Willow Creek Mine will be mining under more than 2,000 feet of cover. The report stressed that neighboring coal mines, operating under such cover and having the same type of conditions, have had problems with coal bursts. Due to the coal seam characteristics, depth of cover and topography of the overburden of the Willow Creek Mine, two-entry gate roads shall be developed and used for all future longwall mining in those coal seams.
Due to the documented hazards associated with mining in this coal seam(s), application of 30 CFR 75.350 to the subject mine will result in a diminution of safety to the miners and the special terms and conditions set out below will at all times provide a safe work environment to the miners.
On the basis of the petition and the findings of MSHA's investigation, Cyprus Plateau Mining Corporation, is granted a modification of the application of 30 CFR 75.352 to its Willow Creek 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 Cyprus Plateau Mining Corporation's Petition for Modification of the application of 30 CFR 75.352 in the Willow Creek Mine is hereby:
GRANTED, for the use of the conveyor belt in a return aircourse during development of a two-entry mining system, conditioned upon compliance with the following:
The terms and conditions specified in the Proposed Decision and Order granting the modification of 30 CFR 75.350, Docket No. M-95-166-C, must be followed.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_________________________________
Robert A. Elam
Deputy Administrator
for Coal Mine Safety and Health
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