Petition for Modification
In the matter of
Dickinson-Russell Coal Company, LLC
Roaring Fork #3 Mine
ID No. 44-06975
Docket No. M-2003-026-C
30 CFR 77.215-2
PROPOSED DECISION AND ORDER
On March 27, 2003, a petition was filed seeking a modification of the application of 30 CFR 77.215-2 to the Petitioner's Roaring Fork #3 Mine and its Scalped Rock Disposal Area, ID No. VA5-0203-01, located in Nora, Dickinson County, Virginia. Although the petition sought modification of 30 CFR 77.215-2, it has been treated as a modification of 30 CFR 77.214(a). 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. As previously mentioned, the investigation revealed that this petition should address standards under 77.214(a), since abandoned mine openings in the Upper Banner coal seam are at issue. 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, Dickenson-Russell Coal Company is granted a modification of the application of 30 CFR 77.214(a) to its Roaring Fork #3 Mine Scalped Rock Disposal Area, ID No. VA5-0203-01.
The alternative method calls for cleaning the area of all organic and topsoil material, exposing the coal seam and four old drift entries of the abandoned Lynn K. No. 3 Mine. The exposed coal seam and drift openings will be sealed and covered. Scalp rock 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 Dickenson-Russell Coal Company, LLC's Petition for Modification of the application of 30 CFR 77.215-2, and modified to 77.214(a), for the Petitioner's Roaring Fork No. 3 Mine and Scalped Rock Disposal Area ID No. VA5-0203-01 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 four drift openings to the abandoned Lynn K. Coal Company No. 3 Mine and Upper Banner coal seam.
2. A 3 x 3 foot rock drain enclosing an 8-inch PVC pipe shall be installed in the lowest drift opening to convey water from the near-horizontal coal seam. The drain shall be wrapped in filter fabric and shall extend a sufficient distance into the opening to prevent the backfill material of the seal from blocking the drain.
3. The rock drain shall be extended through the disposal area and tie into the proposed D-5B diversion drain to convey mine drainage into the existing Pond 5.
4. Inert non-combustible soil material shall be placed in 12-inch lifts and a 2:1 slope over the four sealed mine openings and the coal seam, and extend above the seam for 4 feet, or 4 feet above any visible highwall cracks to act as an impervious barrier.
5. Scalped rock shall be end-dumped, spread and properly compacted in approximately 2-foot lifts over the sealed area and sloped in a 2:1 configuration where appropriate.
6. A proposed sediment basin downstream from the toe of the fill shall be designed to trap suspended solids in any runoff.
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