In the matter of Petition for Modification
Ambrose Branch Coal Company, Inc.
Preparation Plant
I.D. No. 44-05265 Docket No. M-97-063-C
Date Issued: 10/05/1997
PROPOSED DECISION AND ORDER
On May 21, 1997, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to Petitioner's Preparation Plant, located in Ambrose Branch off US Route 23 and 5 miles north of Pound, Wise County, Virginia. The 7 abandoned Fleetwood Energy Mine openings are in refuse area which is approximately 1/2 mile form the preparation plant.
The Petitioner alleges that the proposed method of refuse placement will provide a degree of safety which was intended by the law, and 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 Proposed Decision and Order is issued.
Finding 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, Ambrose Branch Coal company, Inc. is granted a modification of the application of 30 CFR 77.214(a) to its No. 1 Preparation Plant.
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 Ambrose Branch Coal Company, Inc.'s Petition for Modification of the application of 30 CFR 77.214(a) in the No. 1 Preparation Plant is hereby:
GRANTED, for modification of 30 CFR 77.214(a) with the following terms and conditions:
1. Remove all sloughed overburden material for 12 feet in front of and to either side of the exposed drift mine openings.
2. Install two 5-inch high density polyethylene drain pipes in the lowest entry at point 230, ensuring a downslope configuration towards the outside ditch. The pipes shall be placed in a rock-filter drain constructed of select backfill material. This 3 foot by 4 foot rock drain shall be of durable, 1-inch sandstone enclosed in filter fabric to prevent piping. The pipes and drain shall be extended for approximately 34 feet inby the mine entry.
3. The exposed portal areas and the completed mine drain shall be backfilled and covered 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 and 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 coal mine refuse or scalp rock.
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, as amended, (55 Federal Register 53430, December 28, 1990) 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