In the matter of Petition for Modification
Mingo Logan Coal Company
Black Bear Preparation Plant
ID No. 46-07985 Docket No. M-2004-007-C
PROPOSED DECISIONAND ORDER
On January 27, 2004,a petition was filed seekinga modification of the application of 30 CFR 77.214(a)to the Petitioner’s Black Bear Preparation Plant, ID No.46-07985, located in Wharncliffe, Mingo County, West Virginia. The Petitioner proposes to utilize coarsecoal refuse material to seal and reclaim four mine openingsof the abandoned Select Mining Inc’s, Mine #5, ID No. 46-08713. The Petitioner alleges that the alternative method outlined in the petitionwill at all time guarantee no less than the same measure of protection affordedby the standard.
MSHA personnel conducted an investigation of the petitionon April 1 and April 20, 2004, and filed a report of their findingsand recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entirerecord, including the petition, MSHA's investigative reportand 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 measureof protection affordedthe miners under 30 CFR 77.214(a).
On the basis of the petitionand the findings of MSHA’sinvestigation, Mingo Logan Coal Company, is granted a modification of the application of 30 CFR 77.214(a) to its Black Bear Preparation Plant, ID No. 46 7985. A copy of the petitionhas been postedon the mine’s bulletin board to notify the miners of the proposalfor the refusearea.
The alternative method calls for removalof all sloughed overburden in frontof the abandoned mine openings,exposing four portalsinto the Alma-C coal seam, installing a drain pipe,then backfilling and sealing the portals and covering the coal seam with compacted non-combustible inert soil material.
Order
Wherefore, pursuantto 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 Safetyand Health Act of1977, 30 U.S.C.,sec. 811(c), it is orderedthat Mingo Logan Coal Company’s Petition for Modification of the application of 30 CFR 77.214(a), for the Petitioner’s Black Bear Preparation Plant, ID No. 46-07985, 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 excavated and removed for a minimumof 12 feet in front of, and to either side of the mine openings to the abandoned Mine #5.
2. A 5-inch high density polyethylene (HDPE) pipe, extending through the fill area,shall be installed to create a wet seal. The pipe shall be installedfor a minimum of 25 feet into the lowest entry of the abandonedmine to preventwater from impounding in the mine voids.
3. The backfill materialfor the mine openings shallbe the most impervious soil availableat the site and non-combustible, and shallcontain sufficient finesto ensure an airtight seal. The material shallbe placed in a maximumof 12-inch lifts and compacted to 90% Proctordry density and sealed in accordance with 30 CFR 75.1711-2.
4. Inert non-combustible soil material shall be placed and compacted in 12-inch lifts and at a 2:1 slope over the sealed mine openings and any exposedcoal seam, and shall extend above any seam for four feet, or four feet above any visible highwall cracks to ensurean airtight seal.
5. Scalp rock or refuse materialshall be placedin compacted 12-inch liftsover the sealedabandoned mine openingsand reclaimed area, and contoured in 2:1 slopes.
Any party to this action desiringa hearing on this mattermust 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 desiredto 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 issuesof fact or law presented in the petition, and any partyto this actionrequesting a hearingmay indicate a desiredhearing site. If no request for a hearingis 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
Deputy Administrator
for Coal Mine Safetyand Health