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Mine Safety and Health Administration

Petition - Docket No. M-2017-002-M

In The Matter of                                                                    PETITION FOR MODIFICATION

Martin Marietta Materials Inc.

Fort Calhoun Underground Mine

MSHA ID No. 25-01300                                                      Docket No. M-2017-002-M

 

 

Proposed Decision and Order

 

On May 1, 2017, Martin Marietta Materials Inc. filed a petition for modification, requesting the modification of 30 C.F.R. § 57.11052(d) for the Fort Calhoun Underground Mine, I.D. No. 25-01300, in Washington County, Nebraska. The mine is currently being developed, and will produce crushed, broken limestone beginning in 2018.

 

30 C.F.R. § 57.11052,  Refuge areas, states that: Refuge areas shall be-

  1. Of fire-resistant construction, preferably in untimbered areas of the mine;
  2. Large enough to accommodate readily the normal number of persons in the particular area of the mine;
  3. Constructed so they can be made gastight; and
  4. Provided with compressed air lines, waterlines, suitable handtools, and stopping materials.

 

Petitioner seeks modification of§ 57.11052(d) only with respect to the waterline requirement. Petitioner requests a modification of the application of the standard to allow the mine to provide commercially purchased water in sealed bottles in lieu of a waterline in each of two refuge chambers used during development of the mine access decline tunnels. The petition alleges that this alternative method will at all times guarantee no less than the same measure of protection afforded the miners by this standard. The petition also alleges that application of the standard, e.g., providing waterlines to the refuge area, will result in a diminution of safety to the miners.

 

MSHA investigators conducted an investigation into the merits of the petition and filed a written report of their findings with the Administrator for Metal and Nonmetal Mine Safety and Health. After a careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.

 

FINDINGS OF FACT AND CONCLUSIONS OF LAW

 

An investigation of Martin Marietta's Fort Calhoun Underground Mine was conducted by MSHA investigators during August, 2017.

 

The Fort Calhoun Underground Mine is developing two parallel decline tunnels to access identified limestone reserves near Fort Calhoun, Nebraska. The decline tunnels will each be approximately 3,200 feet long. The tunnels will be spaced roughly 155 feet horizontally between tunnel center lines. Two cross passages are planned to connect the two parallel tunnels during development, at approximately 1,400 feet from the surface, and 2,700 feet from the surface respectively. The Fort Calhoun Underground Mine will provide a portable prefabricated refuge chamber in each of the two decline tunnels for the purpose of barricading in the event of a mine emergency during the development of the declines.

 

The Fort Calhoun Underground Mine currently has two employees. The decline tunnel excavation, ground support and installation of the permanent conveyor are all being performed by contractors, totaling approximately 14 persons working at any given time. When the development contract work is complete, the operator plans to expand to 12 employees underground when production begins in 2018.

 

In urging MSHA to grant its petition based on a diminution of safety, the Petitioner states as follows: "The two planned portable refuge chambers are designed to sustain 20 miners each for 36 hours under battery backup power. These prefabricated refuge chambers will, at all times, be equipped with waterlines being directly fed from the surface. The waterlines supplied to the refuge chambers, however, will not be an adequate source of potable water for miners taking refuge. The reliability of source water quality and volume being fed to the chambers is jeopardized considering transmission lines will be installed in a mining environment and inherently susceptible to mechanical damage or restriction in the event of a mine emergency. Sourcing of water from a surface reservoir to the refuge chambers is also affected by climatic conditions on the surface. Freezing surface temperatures could restrict or cut off the supply of water to the refuge chambers resulting in a diminution of safety."

In evaluating a requested modification based on a diminution of safety, MSHA considers whether application of the standard, alone, will result in a diminution of safety to the miners. 30 C.F.R. § 44.4(a)(2). If, in a particular circumstance, MSHA finds that the standard is less safe for miners than no standard, MSHA will not require compliance with the standard. In this case, MSHA finds that the Petitioner's waterlines, while perhaps not reliable, are safer for miners than no waterlines. For this reason, MSHA finds that application of the standard will not result in a diminution of safety to the miners.

 

In evaluating a requested modification based on an alternative method, MSHA considers whether the alternative method will at all times guarantee no less than the same measure of protection afforded by the standard. 30 C.F.R. § 44.4(a)(1).     In lieu of waterlines, Petitioner proposes to provide potable water "in each of the chambers in the form of commercially purchased bottled water in sealed bottles.. Each of the two chambers will be provided with a minimum of 2.25 quarts of potable drinking water per person, per day. Considering that each of the chambers is designed to support 20 miners for a period of 36 hours, each chamber will be outfitted with a minimum of 67.5 quarts or 2,160 ounces of commercially purchased potable drinking water in sealed bottles."

 

Petitioner agrees to ensure that provisioned water will have a maximum shelf life of 2 years and that the condition and quantity of stored water will be confirmed by monthly inspection. Petitioner also agrees to provide written instructions for conservation of water within the refuge areas for reference by miners in the event of an emergency.

 

Regarding petitioner's alternative method, MSHA investigators determined the proposed use of bottled water has distinct advantages over waterlines. Bottled water stored in the refuge chamber avoids risk of interrupted supply of water due to freezing weather or damage to the waterline. The quality of the bottled water is also guaranteed safe for drinking by miners needing to take refuge. The proposed quantity of bottled water is suitable given the limited distance in which decline tunnel development at the Fort Calhoun Underground Mine will involve single entry access. For these reasons, petitioner's alternative method of providing commercially available bottled water in lieu of a piped in waterline will provide the same measure of protection afforded the miners by this standard.

 

ORDER

 

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Metal and Nonmetal, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), it is ordered that a modification of 30 C.F.R. § 57.11052 (d) to Martin Marietta Materials, Inc., as it pertains to potable water supplied to refuge areas during development of decline tunnels at the Fort Calhoun Underground Mine is hereby:

 

GRANTED, conditioned upon compliance with the following requirements for bottled water supply in refuge areas during development of decline tunnels in lieu of plumbed potable waterlines:

 

  1. Water shall be commercially purchased bottled water in sealed bottles.

 

  1. Sufficient water shall be provided in each refuge area to provide 2.25 quarts of water per miner, per day, based on the refuge manufacturer's specified maximum occupant capacity, for at least 36 hours (i.e., 1.5 days) in the refuge area.

 

  1. The bottled water shall have a maximum shelf life of 2 years and shall not be used in the refuge after the shelf life expiration date.

 

  1. The condition and quantity of stored water shall be confirmed by inspection on a monthly basis.

 

  1. Written instructions for conservation of water shall be provided with the refuge supplies.

 

  1. This order only applies to refuge areas provided during the development of the two 3,200-foot long declines.

 

Any party to this action desiring a hearing must file a request for hearing within 30 days after service of the Proposed Decision and Order, in accordance with 30 C.F.R. § 44.14, with the Administrator for Metal and Nonmetal Mine Safety and Health, 201 12th Street South, Suite 401, Arlington, Virginia 22202. If a hearing is requested, the request must 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 and Order. 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. 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, this Proposed Decision and Order will become final and shall be posted by the operator on the mine bulletin board at the mine.

 

 

 

 

/s/

Kevin G. Stricklin

Acting Administrator for Metal and Nonmetal Mine Safety and Health

 

 

 

CERTIFICATE OF SERVICE

 

 

 

I hereby certify that a copy of this Proposed Decision and Order was served personally or mailed; postage prepaid, this 30th day of October, 2017 to:

 

 

Ryan Bender

Area Production Manager - Nebraska Martin Marietta Materials, Inc.

Midwest Division 11252 Aurora Avenue Des Moines, IA 50322

 

 

 

 

 

/s/

Donald R. Vickers, P.E

Senior Mine Safety and Health Specialist