Petition for Modification
In the matter of
Mettiki Coal, LLC
Mettiki General Mine
ID No. 18-00671
Docket No. M-2002-104-C
30 CFR 77.214(a)
PROPOSED DECISION AND ORDER
On November 12, 2002, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to the Petitioner's Mettiki General Mine and Refuse Area, ID No. MD300172-01, located in Garrett County, Maryland. 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).
On the basis of the petition and the findings of MSHA's investigation, Mettiki General Mine is granted a modification of the application of 30 CFR 77.214(a) to its Mettiki General Mine Refuse Area, ID No. MD300172-01.
The alternative method calls for placing coarse coal refuse material and bottom ash from a nearby power-plant over the four sealed and backfilled entries of the old Gobbler's Knob Mine, and also over the compacted, inert backfill material sealing that coal seam.
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 Mettiki Coal, LLC's Petition for Modification of the application of 30 CFR 77.214(a) for the Petitioner's Mettiki General Mine's Refuse Area, ID No. MD300172-01 is hereby:
GRANTED, for the modification of 30 CFR 77.214(a) with the following terms and conditions:
1. All backfill soil material shall be excavated to expose each of the four sealed and backfilled drift openings to the Gobbler's Knob Mine and the coal seam for a minimum of 10 feet to either side of the four openings.
2. Impervious, non-combustible soil material shall be placed in 12-inch lifts to a minimum thickness of 10 feet on front of the drift openings and properly compacted in the excavated area. The soil seal shall act as an impervious seal to cover the exposed openings, the coal seam and the highwall for a minimum height of 4 feet above the seam, or above any substantial highwall cracks.
3. Backfill material and coal refuse shall be placed in properly compacted 2-foot lifts and in a 2:1 slope configuration over the impervious soil seal.
4. Underdrains shall be installed in the refuse area to prevent any accumulation of water within the refuse, or redirect any groundwater away from the sealed drift openings.
5. The entire construction area shall be compacted to optimum uniform compaction levels, and shall be tested to ensure that a minimum of 95% standard Proctor density is achieved.
6. Diversion ditches shall be constructed along the groin and toe of the refuse pile to provide adequate drainage, divert the drainage from the underdrains, and ensure that no impounding capacity results over the sealed drift openings.
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