In the matter of Petition for Modification
Dominion Coal Corporation
Dominion No. 22
I.D. No. 44-06645 Docket No. M-2000-056-C
PROPOSED DECISION AND ORDER
On April 19, 2000, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to Petitioner's Dominion No. 22, located in Jewell Ridge, Buchanan County, Virginia. The Petitioner alleges that the alternative method outlined in the petition will at all times guarantees no less than the same measure of protection afforded by the standard.
The petitioner requested the standard be modified to allow its disposal of mine refuse from the active Dominion No. 22 underground mining operation as backfill of the portal area of the now abandoned and sealed Dominion No. 21 underground mine. This disposal site is to be a refuse pile constructed over abandoned mine openings which have been properly sealed, with an appropriately sized drain through the lowest seal and continued through a compacted fill. The fill material is to be scalped rock from mine refuse, placed and compacted over the mine openings. A similar modification has been granted to Jewell Smokeless Coal Corporation of which Dominion Coal Company is a subsidiary company (see the Proposed Decision and Order for Docket No. M-1998-068-C, issued December 16, 1998, and finalized January 15, 1998).
On July 14, 2000, supplemental information was submitted to amend the petition. The petitioner changed the number of portal entries to be covered from 4 to 5 and identified one entry as requiring a permanent drain to prevent the abandoned mine from filling with water behind the portal seals.
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 (as amended by MSHA) will at all time guarantees 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, Dominion Coal Corporation is granted a modification of the application of 30 CFR 77.214(a) to its Dominion No. 22 mine to allow placement of backfill material and coarse refuse at site 1211-VA5-0335-01, to cover five sealed portal drift openings to the old Dominion Coal Corporation's Dominion No. 21 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 Dominion Coal Corporation's Petition for Modification of the application of 30 CFR 77.214(a) for the Dominion No. 22 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 at least 12 feet in front of and to either side of the five exposed drift mine openings to allow placement of backfill material for sealing.
2. A 24" high-density polyethylene (HDPE) pipe, extending through the fill area, shall be installed so as to create an effective wet seal. The pipe shall be installed in the lowest entry to prevent water from impounding in the mine void. At least the first 25 feet of the pipe shall be in the underground entry where it is to be covered with rock rip rap and wrapped with filter fabric.
3. Backfill material shall be impervious, non-combustible and must contain enough fine material to ensure an airtight seal as it is placed in 2-foot lifts compacted to 90% Proctor dry density.
4. The backfill material shall be placed in the exposed portal areas:
(a) to a minium thickness of 4 feet above the seal drift openings;
(b) to 4 feet above any visible cracks in the exposed highwall; and
(c) to at least 4 feet over and above any part of this and any other exposed coal seams.
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 over the backfill area.
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.
_________________________________
Michael J. Lawless
Deputy Administrator
for Coal Mine Safety and Health