Petition for Modification
In the matter of
Clintwood Elkhorn Mining Company
Clintwood Elkhorn III
I.D. No. 44-03010
Docket No. M-2003-018-C
30 CFR 77.214(a)
PROPOSED DECISION AND ORDER
On March 3, 2003, a petition was filed seeking a modification of the application of 30 CFR 77.214(a) to the Petitioner's Clintwood Elkhorn III Preparation Plant and its Cedar Branch Refuse Facility, I.D. No. VA50120-82, located in Hurley, Buchanan County, Virginia. 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, Clintwood Elkhorn Mining Company is granted a modification of the application of 30 CFR 77.214(a) to its Cedar Branch Refuse Facility, I.D. No. VA50120-82. A copy of the petition has been posted on the mine's bulletin board to notify the miners of the proposal for the refuse area.
The alternative method calls for cleaning the area of organic and topsoil material, exposing the coal seam and seven old drift entries of the abandoned Clintwood Elkhorn Mining Company's Scatcat Coal Company No. 2 Mine, and the abandoned mine openings of the Race Fork Coal Corporation No. 43 Mine. The exposed coal seam and drift openings will be sealed and covered. Coal mine refuse material will be trucked, dumped, spread and compacted over the sealed area.
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 Clintwood Elkhorn Mining Company's Petition for Modification of the application of 30 CFR 77.214(a), for the Petitioner's Clintwood Elkhorn Preparation Plant Cedar Branch Refuse Facility I.D. No. VA50120-82 is hereby:
GRANTED, for the modification of 30 CFR 77.214(a) with the following terms and conditions:
1. All topsoil and organic material shall be excavated to expose the seven drift openings to the abandoned Scatcat Mine in the Blair Seam. Additional abandoned drift openings in the immediate area shall be evaluated and exposed if prudent mining practices warrant.
2. An underdrain, constructed of durable non-acid producing rock and enclosing a 6-inch PVC pipe, shall be installed in the lowest drift opening to convey water from the Blair coal seam. The drain shall be wrapped in filter fabric to prevent clogging, and shall be attached to main underdrain beneath the Fill No. 1 refuse area to convey water from the mine.
3. All exposed mine openings shall be sealed in accordance with the requirements in 30 CFR 75.1711.
4. Inert non-combustible soil material shall be placed in 12-inch lifts and a 2:1 slope over all the sealed mine openings and the exposed coal seam, and shall extend above the seam for 4-feet, or 4-feet above any visible highwall cracks to act as an impervious barrier.
5. Refuse material shall be end-dumped, spread and properly compacted in no greater than 2-foot lifts over the sealed area and properly tested for optimum uniform compaction.
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 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