Petition for Modification

In the matter of                                                           

Remington Coal Company, Inc.

Stockburg No. 1

I.D. No. 46-08634

Docket No. M-2002-081-C

30 CFR 75.1700

PROPOSED DECISION AND ORDER 

On September 10, 2002, a petition was filed seeking a modification of the applica­tion of 30 CFR 75.1700 to Petitioner's Stockburg No. 1 Mine, located in Kanawha County, West Virginia.

The Petitioner alleges that the amended alternative method outlined in the petition and amended by MSHA 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 and MSHA's investigative report and recommendation, this PDO is issued. 

Finding of Fact and Conclusion of Law 

The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1700 . 

There are approximately 72 oil wells in an old oil field operated by Pure Oil Company within the mine's projected workings.  Of those, 61 of the wells have been plugged and 11 are currently active.  However, the plugging methods used did not anticipate mining through the wells on the coal seam horizons.  These wells are approximately 3000 feet deep with the current mining intersecting the wells on Stockton and Coalburg Coal Seams at approximately 300 feet below the surface.

The mine operator intends to clean out each well to at least 200 feet below the Eagle Coal Seam (the lowest minable coal seam located approximately 1000 feet below the surface) and to plug with expanding cement to the floor of the Eagle Coal Seam.  The petitioner included a provision to use plugged oil or gas wells as degasification boreholes in the proposed alternative method. However, due to the shallow nature of the mining at the Stockburg No. 1 Mine (300 feet or less below the surface and in ridges with the coal seam outcrops exposed) and the relatively low methane liberation of the Stockton and Coalburg Coal seams, it is unlikely that degasification boreholes will be required. 

The mine operator intends to clean out each well to at least 200 feet below the Eagle Coal Seam and to plug with expanding cement to the floor of the Eagle Coal Seam.  Portland cement will be used to fill the remainder of the well to the surface.  However, MSHA expects the expanding cement to extend from 200 feet below, through and up to 100 feet above any and all minable coal seam.  If any other minable coal seams(24 inches or greater in thickness) are present, they must also be plugged with expanding cement to the same distances below, through and above.

As recommended by previous MSHA investigation reports, permanent magnetic monuments of the plugged wells have been be expanded to allow steel pipe markers.    

The active gas wells will be plugged and the petitioner will use continuous miners and longwall shears to cut through the wells, in accordance with the terms and conditions of this PDO.  Any abandoned gas wells which were cleaned and plugged prior to issuance of this PDO will be individually evaluated to determine compliance with the terms and conditions described below prior to mining through, or whenever the safety barrier is reduced to a distance less than the District Manager would approve pursuant to Section 75.1700.  Unless the existing records show that well to have been plugged using techniques equivalent to the amended alternative method and that information is submitted and accepted in accordance with Paragraph 2(s) as providing the required level of safety by the District Manager, the well shall be again cleaned, inadequate plugging materials drilled out and the well plugged in accordance with the terms and conditions of this proposed deci­sion and order.  Special attention to securing and interpreting the suite of drill logs required by Paragraph 1(a)(4) is needed to assure that at a minimum the expanding cement plug extends from at least 200 feet below the lowest minable seam through 100 feet above the highest minable seam, unless the seams are separated by an interval greater than 300 feet, in which case each seam may be plugged individually.  The Asuite of drill logs@, referenced above,  may include drillers logs, nearby core hole records, and mine maps but such records must be carefully evaluated for completeness and accuracy.

On the basis of the petition and the findings of MSHA's   investigation, Remington Coal Company, Inc. is granted a modification of the application of 30 CFR 75.1700 to its Stockburg No. 1 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 Remington Coal Company, Inc.'s Petition for Modification of the application of 30 CFR 75.1700 in the Stockburg No. 1 Mine is hereby:

GRANTED,     for mining through or near (whenever the safety barrier diameter is reduced to a distance less than the District Manager would approve pursuant to Section 75.1700) plugged oil or gas wells pene­trating the Stockton and Coalburg Coal Seams and other minable coal seams using continuous miners, conventional mining or longwall mining methods, conditioned upon compli­ance with the following terms and

                        conditio­ns:

1.            Procedures to be utilized when plugging oil or gas wells.   

a.          Cleaning out and preparing oil and gas wells.  Prior to plugging an oil or gas well, the fol­low­ing procedure shall be followed:

(1)        A diligent effort shall be made to clean the borehole to the original total depth.  If this depth cannot be reached, the borehole shall be cleaned out to a depth which would permit the placement of at least 200 feet of expanding cement below the base of the lowest minable coal bed. 

(2)       W hen cleaning the borehole, a diligent effort shall be made to remove all the casing in the borehole.  If it is not possible to remove all casing, the casing which remains shall be perforated, or ripped, at intervals spaced close enough to permit expanding cement  slur­ry to infiltrate the annulus between the casing and the borehole wall for a distance of at least 200 feet below the base of the lowest minable coal bed. 

(3)        If the cleaned-out borehole produces gas, a mechanical bridge plug shall be placed in the borehole in a competent stratum at least 200 feet below the base of the lowest minable coal bed, but above the top of the uppermost hydrocarbon-producing stratum.  If it is not possible to set a mechanical bridge plug, an appropriately sized packer or a substantial brush plug may be used in place of the mechanical bridge plug. 

                                    (4)        A suite of logs shall be made consisting of a caliper survey, directional deviation survey, and log(s) suitable for determining the top and bottom of the minable coal beds and potential hydrocarbon producing strata and the location for the bridge plug. 

(5)        If the uppermost hydrocarbon-producing stratum is within 200 feet of the base of the lowest minable coal bed, properly placed  mechanical bridge plugs or a suitable brush plug described in Subparagraph (a)(3) shall be used to isolate the hydrocarbon producing stra­tum from the expanding cement plug.  Nevertheless, a mini­mum of 200 feet of ex­panding cement shall be placed below the lowest minable coalbed. 

(6)        The wellbore shall be completely filled and circulated with a gel that inhibits any flow of gas, supports the walls of the borehole, and increases the density of the expanding cement.  This gel shall be pumped through open-end tubing run to a point approximately 20 feet above the bottom of the cleaned out area of the bore­hole or bridge plug. 

b.         Plugging oil or gas wells to the surface.  The following procedures shall be utilized when plug­g­ing gas or oil wells to the surface: 

(1)        A cement plug shall be set in the wellbore by pumping an expanding cement slurry down the tubing to displace the gel and fill the bore­hole to the surface.  (As an alternative, the cement slurry may be pumped down the tubing so that the borehole is filled with Portland cement or a Portland cement-fly ash mixture from a point approximately 100 feet above the top of the lowest minable coal bed to the surface with an expanding cement plug ex­tend­ing from at least 200 feet below the lowest minable coal bed to the bottom of the Portland cement.)  There shall be at least 200 feet of expanding cement below the base of the lowest minable coal bed. 

(2)        A small quantity of steel turnings, or other small magnetic particles, shall be embedded in the top of the cement near the surface to serve as a permanent magnetic monument of the borehole.  An acceptable alternative monument can be achieved by the use of a 42-inch or larger casing set in cement extending at least 36 inches above the ground level with the API well number either engraved or welded in the casing will be provided to locate the plugged well.

                        c.          Plugging oil or gas wells using the vent pipe method.  The following procedures shall be util­ized when using the vent pipe method for plugging oil and gas wells: 

(1)        A 42-inch or larger vent pipe shall be run into the wellbore to a depth of 100 feet below the lowest minable coal bed and swedged to a smaller diameter pipe, if desired, which will extend to a point approximately 20 feet above the bottom of the cleaned out area of the borehole or bridge plug. 

(2)        A cement plug shall be set in the wellbore by pumping an expanding cement slurry, Portland cement, or a Portland cement-fly ash mixture down the tubing to displace the gel so that the borehole is filled with cement.  The borehole and the vent pipe shall be filled with expanding cement for a minimum of 200 feet below the base of the lowest minable coal bed.  The top of the expanding cement shall extend upward to a point approximately 100 feet above the top of the highest minable coal bed. 

(3)        All fluid shall be evacuated from the vent pipe to facilitate testing for gases.  During the evacuation of fluid, the expanding cement shall not be disturbed. 

(4)        The top of the vent pipe shall be protected to prevent liquids or solids from entering the wellbore, but permit ready access to the full internal diameter of the vent pipe when necessary. 

d.         Plugging oil and gas wells for use as degasif­ica­tion boreholes.  The following procedures shall be utilized when plugging oil or gas wells for subse­quent use as degasification boreholes:  

(1)        A cement plug shall be set in the wellbore by pumping an expanding cement slurry down the tubing to displace the gel and provide at least 200 feet of expanding cement below the lowest minable coalbed.  The top of the  expanding cement shall extend upward to a point above the top of the coalbed being mined.  This distance shall be based on the average height of the roof strata breakage for the mine.

                                    (2)        To facilitate methane drainage, degasif­ica­tion casing of suitable diameter, slot­ted or perforated throughout its lower 150 to 200 feet, shall be set in the borehole to a point 10 to 30 feet above the top of the expanding cement. 

(3)        The annulus between the degasification casing and the borehole wall shall be cemented from a point immediately above the slots or per­forations to the surface. 

(4)        The degasification casing shall be cleaned out for its total length. 

(5)        The top of the degasification casing shall be fitted with a wellhead equipped as required by the District Manager.  Such equipment may include check valves, shut-in valves, sampling ports, flame arrestor equipment, and security fencing. 

2.        The following cut-through procedures (a-t) apply whenever the petition­er reduces the safety barrier diameter to a distance less than the District Manager would approve pursuant to Section 75.1700 or proceeds with an intent to cut through a plugged well:

1.                  Prior to reducing the safety barrier to a distance less than the District Manager would approve pursuant to Section 75.1700 or proceeding with an intent to cut through a plugged well, the oper­ator shall notify the District Manager or his designee.

b.         A representative of the operator, a representative of the miners, the appropriate State agency, or the MSHA District Manager or designee may request that a conference be con­ducted prior to mining through any plugged well to review, evaluate, and accommodate any abnormal or unusual circumstance(s) related to the condition of the well or surrounding strata when such conditions are encountered.  The party requesting the conference shall notify all other parties listed above within a reasonable time prior to the conference to provide opportunity for participation.

                        c.         Mining through a plugged well shall be done on a shift approved by the District Manager or designee.

d.          The District Manager or designee and the miners= representative shall be notified by the operator in sufficient time prior to the mining-through operation in order to provide an opportunity to have representatives present.

e.          When using continuous mining methods, drivage sights shall be installed at the last open cross­cut near the place to be mined to ensure intersec­tion of the well.  The drivage sites shall not be more than 50 feet from the well.  When using longwall mining methods, drivage sights shall be installed on 10-foot centers for a distance of 50 feet in advance of the well bore.  The drivage sights shall be installed in the headgate and tailgate.

f.           Firefighting equipment shall include fire extinguish­ers, rock dust, and sufficient fire hose to reach the working face area of the mining through when either the conventional or con­tinuous mining method is used.  The fire hose shall be located in the last open crosscut of the entry or room.  When the longwall mining method is implemented, the fire hose shall be extended to the face area of the mine through.  All fire hoses shall be ready for operation during the mining through.

g.          Sufficient supplies of roof support and ventila­tion materials shall be available and located at the last open crosscut.  In addition, an emergency plug and/or plugs shall be available in the imme­diate area of the mine through.

h.          The quantity of air required by the approved mine ventilation plan, but not less than 9000 cubic feet per minute (cfm) of air, shall be used to ventilate the working face during the mining through operation using continuous mining or conventional mining methods.  The quantity of air required by the ventilation plan, but not less than 30,000 cfm, shall reach the working face of a longwall during the mining through operation.

i.           Equipment shall be checked for permissibility and serviced on the shift prior to mining through the well.

j.           The methane monitor(s) on the longwall, continuous mining machine, or cutting machine and loading machine shall be calibrated on the shift prior to mining through the well. 

k.         When mining is in progress, tests for methane shall be made with a hand-held methane detector at least every 10 minutes from the time that mining with the continuous mining machine is within 30 feet of the well until the well is intersected and im­medi­ately prior to mining through.  When mining with longwall mining equipment, the tests for methane shall be made at least every 10 minutes when the longwall face is within 10 feet of the well.  During the actual cutting through process, no individual shall be allowed on the return side until mining through has been completed and the area has been examined and declared safe.

l.          When using continuous or conventional mining methods, the working place shall be free from accumulations of coal dust and coal spillages, and rock dust shall be placed on the roof, rib and floor to within 20 feet of the face when mining through the well.  On longwall sections, rock dusting shall be conducted and placed on the roof, rib and floor up to both the headgate and tailgate.

m.       When the wellbore is intersected, all equipment shall be deenergized and the place thoroughly examined and determined safe before mining is resumed.  Any well casing shall be removed and no open flame shall be permitted in the area until adequate ventilation has been established around the wellbore. 

n.         After a well has been intersected and the working place determined safe, mining shall continue inby the well a sufficient distance to permit adequate ventilation around the area of the wellbore. 

o.         No person shall be permitted in the area of the mining through operation except those actually engaged in the operation, company personnel, representatives of the miners, personnel from MSHA, and personnel from the appropriate State agency. 

p.        The mining through operation shall be under the direct supervision of a certified official.  In­structions concerning the mining through opera­tion shall be issued only by the certified offi­cial in charge. 

q.         MSHA personnel may interrupt or halt the mining through operation when it is necessary for the safety of the miners.

r.          A copy of this PDO shall be maintained at the mine and be available to the miners.