In the matter of Petition for Modification
Jewell Smokeless Coal Corporation
Coronet Jewell Prep. Plant No. 2
I.D. 44-00649 Docket No. M-98-068-C
PROPOSED DECISION AND ORDER
On June 16, 1998, a petition was filed by Jewell Smokeless Coal Corporation, seeking a modification of the application of 30 CFR 77.214(a) to the Petitioner’s Dominion Mine No. 25 refuse fill area, located in Little Prater Creek of Tookland, 2½ miles west of State route 460 along State route 617, Buchanan County, Virginia. The refuse area is located at the abandoned Dominion Coal Corporation’s, Dominion No. 25 Mine site. Dominion Coal Corporation is a subsidiary of Jewell Smokeless Coal Corporation, and the refuse to be placed is produced by Classic Coal Corporation, a lease holder of Dominin Coal Corporation.
The Petitioner proposes to seal the three abandoned Dominion No. 25 drift entries into the Hagy coal seam and cover the area with coal refuse produced by Classic Coal Corporation mining in the Splashdam coal seam. The Petitioner alleges that the proposed method of refuse placement will provide the 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 abandoned Dominion No.25 Mine on September 1 and 8, 1998. It was found that the abandoned drift openings where sealed with impervious, non-combustible material. The refuse area had been prepared to divert water from the No. 1 mine opening through a drain to an area approximately 70 feet from the stable highwall. A 24-inch HDPE pipe was enclosed in a rock drain and wrapped in filter fabric through the impervious part of the mine seal. After a careful review of the entire record, including the petition and MSHA's investigation report and recommendation, 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 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, Jewell Smokeless Coal Corporation 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 Jewell Smokeless Coal Corporation's Petition for Modification of the application of 30 CFR 77.214(a) to its Coronet Jewell Prep. Plant 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 sealed drift mine openings.
2. Ensure that the 24-inch HDPE pipe and wet seal has been properly placed in the rock drain and that no piping is evident.
The rock-drain shall be extended to the edge of the refuse disposal area and be exposed to a natural or man-made drainage area to convey mine drainage.
3. Additional impervious, non-combustible backfill material shall be placed to a minimum thickness of four feet over the sealed drift openings and to four feet above any visible cracks in the exposed highwall.
4. Seal all other exposed coal seams with at least four feet of impervious, non-compustible material over and above each seam. Backfill material shall ensure an airtight seal 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, 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