In the matter of Petition for Modification
Fray Mining, Inc.
No. 2 Mine
I.D. No. 44-03524 Docket No. M-98-023-C
PROPOSED DECISION AND ORDER
On February 4, 1998, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to Petitioner’s No. 2 Mine, located at Robinson Fork off State Route 662, 1.5 miles West of Rowe, Virginia. The Petitioner is seeking modification of the standard to allow construction of a refuse bench fill in an area containing abandoned mine openings. The refuse area is located at the abandoned J.J. Coal Company, Inc., No. 3 Mine, approximately 1/2 mile southeast of the active mine.
The Petitioner proposes to seal the four abandoned No. 3 Mine portals into the Kennedy Coal Seam and cover the area with coal refuse. 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 at the No. 2 Mine on May 4, 1998. The mine employs a total of 12 miners working one shift five days per week. During the shift, 11 miners work underground on a continues mining section. Coal production averages 300 tons per day. The refuse area had been prepared to divert water from the mine openings through a pipe and rock drains to an area approximately 100 feet from the abandoned mine openings in the stable highwall.
Findings of Fact and Conclusion of Law
The alternative method proposed by the petitioner will at all time guarantee no 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, Fray Mining, Inc. is granted a modification of the application of 30 CFR 77.214(a) to its refuse area.
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 Fray Mining, Inc.'s Petition for Modification of the application of 30 CFR 77.214(a) in the Mine No. 2 is hereby:
GRANTED, for the 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 4-inch high-density CMP pipes in entries No. 3 and 4. These pipes shall be placed in a sandstone filter-drain. This rock-drain shall be of durable, 1-inch sandstone and enclosed in filter fabric to prevent piping.
The rock-drain shall be extended to the edge of the refuse disposal area and be exposed to a natural or man-made drainage ditch to convey mine drainage.
3. The completed mine drain shall be covered and the exposed portal areas shall be backfilled and covered with impervious non-combustible material that contains enough fine material to ensure an airtight seal. This seal shall be placed in 2-foot lifts and compacted to 90 percent Proctor dry density.
4. The impervious non-combustible backfill material shall be placed to a minimum thickness of four feet over the sealed drift openings, to four feet above any visible cracks in the exposed highwall, and at least 4 feet over and above any part of this and other exposed coal seams.
5. The backfill material shall ensure an airtight seal for all coal seams prior to the placement of any coal mine refuse.
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