Petition for Modification
In the matter of
Blue Diamond Coal Company
Leatherwood Processing Plant
#76 Preparation Plant
ID No. 15-16520
Docket No. M-2002-016-C
30 CFR 77.214(a)
PROPOSED DECISION AND ORDER
On February 19, 2002, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to the Petitioner's #76 Leatherwood Preparation Plant, ID No. 15-16520, Beech Fork Refuse Fill, ID No. 1211-KY07-07103-04, located in Perry County, Kentucky. 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, 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 no less than the same measure of protection afforded the miners under 30 CFR 77.214(a).
Coarse refuse at the Beech Fork Refuse Fill, formerly the Beech Fork Slurry Impoundment, will cover the sealed drift mine openings and auger holes into the Leatherwood coal seam. The seam dips west toward the present Stonecoal Branch slurry Impoundment.
On the basis of the petition and the findings of MSHA's investigation, Blue Diamond Coal Company is granted a modification of the application of 30 CFR 77.214(a) to its #76 Leatherwood 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 Blue Diamond Coal Company's Petition for Modification of the application of 30 CFR 77.214(a) in the #76 Preparation Plant is hereby:
GRANTED, for the modification of 30 CFR 77.214(a) with the following terms and conditions:
1. All sloughed overburden shall be removed and a contour cut shall be taken to readily access abandoned mine openings into the Leatherwood seam.
2. A perforated bleeder pipe shall be installed into the lowest mine opening for at least 25 feet in order to safely discharge any seepage from the mine. The pipe bedding and backfill shall be placed in accordance with prudent engineering practices.
3. All abandoned openings shall be backfilled with impervious, noncombustible clay material, placed in 12-inch lifts and compacted at optimum moisture content to 90% standard Proctor.
4. Clay material shall also be used to seal the backfilled openings and the exposed coal seam to a minimum of 4 feet above the seam, or 4 feet above any visible cracks in the exposed highwall, and shall be compacted at optimum moisture content in 24-inch lifts.
5. A lateral rock drain, constructed of competent sandstone and wrapped in fabric cloth, shall be constructed along the entire toe of the clay seal.
6. An 18-inch HDPE pipe shall be installed at the lowest elevation of the rock drain, and extend to the refuse pile abutment drain. The pipe bedding and backfill shall be placed in accordance with prudent engineering practices, and buried at least 4 feet before vehicle travel is allowed over it.
7. Once the soil-seal is completed, coal refuse material shall be placed over the seal in 2-foot lifts, and compacted to 90% standard Proctor to ensure stability and minimize the flow of air through the fill. The slope of the refuse disposal area shall be a maximum of 2 horizontal to 1 vertical foot.
8. The Stone Coal Branch slurry impoundment in the adjacent hollow to the west, shall not exceed a maximum slurry level of 1618 feet, unless an in-depth evaluation of seepage into the abandoned Leatherwood seam has been performed.
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, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.
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 the 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.
_________________________________
John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and Health