Petition for Modification
In the matter of
H & M Coal Contracting
Rocky Top Mine
I.D. No. 36-09072
Docket No. M-2002-121-C
30 CFR 75.1200(d) and (i)
PROPOSED DECISION AND ORDER
On December 4, 2002, a petition was filed seeking a modification of the application of 30 CFR 75.1200(d) and (i) to Petitioner's Rocky Top Mine, located in Williamstown, Schuylkill County, Pennsylvania. However, MSHA's review of the petition revealed the petitioner is also seeking modification of 30 CFR 75.1200(h). For that reason this standard is also included in the petition. 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 and MSHA's investigative report and recommendation, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner (as amended by the recommendations of MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 CFR 75.1200(d), (h), and (i).
On the basis of the petition and the findings of MSHA's investigation, H & M Coal Contracting is granted a modification of the application of 30 CFR 75.1200(d), (h), and (i) to its Rocky Top 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
H & M Coal Contracting's Petition for Modification of the application of 30 CFR 75.1200(d), (h), and (i) for the Rocky Top Mine is hereby:
GRANTED, for the use of cross sections, in lieu of contour lines, limiting the mapping of mines above or below this mine to those within 100 feet of the vein being mined, and conditioned upon compliance with the following terms and conditions:
1. A search by a registered engineer or surveyor of all available mapping, including cross sections, shall be conducted to determine the spacing between veins and the proximity of the projected and existing workings of the mine to other workings of adjacent mines. A hazard analysis shall be done when mapping indicates the presence of known or potentially flooded workings.
2. The map shall show cross section(s) through the slope, at locations of rock tunnels between veins, and along gangways at 1,000 foot intervals. The mapping provided shall show the cropline of the vein being mined.
3. Where adjacent workings are located within 1,000 feet of the projected limit(s) of the same vein being mined, those workings shall be mapped, the potential water/gas hazard shall be evaluated, and a revised drilling program, if needed, shall be established under 30 CFR 75.388.
4. Where projections include mining-through into inaccessible areas of the same vein or adjacent vein(s) and the conditions cannot be determined, a plan detailing the operation shall be submitted under 30 CFR 75.389 for approval by the District Manager.
5. Prior to recovering pillars known to be below the water level elevation in adjacent workings, a revised recovery plan shall be submitted under 30 CFR 75.220(a)(1) for approval by the District Manager.
6. When vein(s) within 100 feet above or below the vein being mined are interconnected by rock tunnels to other veins, all interconnected vein mapping shall be provided to within 1,000 feet of the active workings.
7. Prior to mine development within 200 feet of known flooded abandoned workings in the same vein, a plan, under the provisions of 30 CFR Section 75.389, must be submitted and approved by the District Manager.
8. Prior to the removal of pillars below the water level table and in the vein being mined, when a separation between veins is less than 100 feet and the adjacent vein is known to be flooded, a revised roof control plan shall be submitted and approved prior to pillar recovery.
9. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 CFR Part 48 training plan to the Coal Mine Safety and Health District Manager. The proposed revisions shall include initial and refresher training regarding compliance with the Proposed Decision and Order.
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, 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 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.
_________________________________
John F. Langton
Acting Deputy Administrator
for Coal Mine Safety and Health