Petition for Modification
In the matter of
New Century Mining, Inc.
Pineywoods Preparation Plant
I.D. No. 01-02976
Docket No. M-2002-036-C
30 CFR 77.214(a)
PROPOSED DECISION AND ORDER
On March 26, 2002, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to the Petitioner's Pineywoods Preparation Plant, refuse pile site ID No. 1211-AL11-02976-01 located in Alabaster, Shelby County, Alabama. 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.
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. MSHA's Pittsburgh Safety and Health Technology Center reviewed the petition and provided a technical report. After a careful review of the entire record, including the petition, MSHA's investigative report and recommendations, and the technical report, 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 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 and technical reports, New Century Mining, Inc. is granted a modification of the application of 30 CFR 77.214(a) to its PineyWoods Preparation Plant, ID No. 01-02976. Coarse refuse at site 1211-AL11-02976-01, seals four portal drift openings to the old Kodiak Mine
No. 1, ID number 01-03067. The Kodiak Mine was developed 450 feet into the Coke coal seam. The entries were driven at a 16% slope down dip of the proposed refuse site 1211-AL11-02976-01.
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 New Century Mining, Inc.'s Petition for Modification of the application of 30 CFR 77.214(a) for the Petitioner's Pineywoods Preparation Plant, refuse pile site ID No. 1211-AL11-02976-01 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 four exposed drift openings to allow placement of backfill material for sealing.
2. The backfill material shall ensure an airtight seal for the coal seam prior to the placement of any scalp rock or coal mine refuse material. Furthermore, no water impounding structure shall be constructed on the resulting refuse pile/valley fill.
3. The exposed portal areas of the Kodiak Mine No. 1 shall be backfilled with impervious, non-combustible material that must contain enough fine material to ensure an airtight seal as it is placed in 12-inch lifts that are compacted to a minimum of 95% of the standard Proctor density.
4. The backfill material shall be placed to a minimum thickness of at least 5 feet over and above any part of the exposed coal seam, and the sealed drift openings and any existing seal material and to 5 feet above any visible cracks in the exposed highwall. The outslope of the material will be sloped to a minimum slope of 3 horizontal to 1 vertical.
5. Once the seal is completed, the existing face-up area will be covered with coarse refuse. The coarse refuse material will be placed over the entire mine entry area in layers not to exceed 24 inches thick and compacted to 90% of the standard Proctor density to ensure stability and to minimize the flow of air through the fill. The slope of the disposal area will be a maximum of 2.5 horizontal to 1 vertical.
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.
_________________________________
Allyn C. Davis
Acting Deputy Administrator
for Coal Mine Safety and Health