In the matter of Petition for Modification
Paramont Coal Corporation
Deep Mine No. 24
I.D. No. 44-06802 Docket No. M-97-012-C
Date Issued: 09/14/1997
PROPOSED DECISION AND ORDER
On January 27, 1997, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to Petitioner’s No. 24 Deep Mine, located in Dante, Wise County, 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, and 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 time guarantee on 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, Paramont Coal Corporation is granted a modification of the application of 30 CFR 77.214(a) to its No. 24 deep 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 Paramont Coal Corporation's Petition for Modification of the application of 30 CFR 77.214(a) in the No. 24 Deep Mine is hereby:
GRANTED, for the modification of 30 CFR 77.214(a) with the following terms and conditions:
1. All sloughed overburden material shall be removed for 12 feet in front of and to either side of the exposed drift mine openings.
2. A rock-core underdrain for a wet seal shall be installed in the lowest entry. This underdrain shall be constructed of durable sandstone rock and shall be enclosed in filter fabric to prevent piping. The underdrain shall be extended to a collector drain or to a drainfield, and it shall be covered to a minimum of 4 feet with impervious, noncombustible material.
3. The exposed portal areas shall be backfilled with impervious, non-combustible material that contains enough fine material to ensure an airtight seal as it is placed in 2-foot lifts that are compacted to 90 % Proctor dry density.
4. The backfill material shall be placed to a minimum thickness of at least 4 feet over and above any part of the exposed coal seam, and to 4 feet above the sealed drift openings or to 4 feet above any visible cracks in the exposed highwall.
5. The backfill material shall ensure an airtight seal for the coal seam prior to the placement of any scalp rock or coal mine refuse rock.
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, 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 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