JAN 31 2019 Petition for Modification
In the matter of:
Wolf Run Mining LLC Sentinel Mine
I.D. No. 46-04168 Docket No. M-2013-032-C
PROPOSED DECISION AND ORDER
On June 20, 2013, a petition was filed seeking a modification of the application of 30 Code of
Federal Regulations (30 C.F.R.) § 75.500(d) to Petitioner's Sentinel Mine located in Barbour
County, West 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.
The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 75.500(d) states,
in relevant part,
(d) All other electric face equipment which is taken into or used inby the last open crosscut of
any coal mine.....shall be permissible.
Petitioner is requesting a modification of the standard to allow the use of non- permissible
surveying equipment in or inby the last open crosscut.
MSHA personnel conducted an investigation of the petition and filed a report of their findings with
the Administrator for Coal Mine Safety and Health. After careful review of the entire record,
including the petition, and MSHA's investigative report, this Proposed Decision and Order is
issued.
Finding of Fact and Conclusion of Law
MSHA investigators conducted an investigation of the Sentinel Mine on August 28, 2013.
The Sentinel Mine is opened into the Clarion coal seam. The average seam height is 84 inches. The
Sentinel Mine has three working sections utilizing six continuous-miner units with shuttle car
haulage.
The mine liberates 3,510,534 ft 3 of methane in a 24 hour period and is on a 5 day 103(i) spot
inspection. The mine is in active status. The mine employs 289 people on three shifts per day (two
production shifts and one maintenance shift) six days per week. The mine produces approximately
5,000 tons of clean coal daily.
The mine is intersected by two shaft openings, one slope opening and one elevator located in the
intake shaft.
The miners at the Sentinel Mine are not represented by a labor union and there is no miner's
representative. The petition has been posted on the mine bulletin board.
On the basis of the petition and the findings of MSHA's investigation, Wolf Run Mining LLC, is
granted a modification of the application of 30 C.F.R. § 75.500(d) to its Sentinel 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. § 811(c), it is ordered that Wolf Run Mining LLC's, Petition for
Modification of the application of 30 C.F.R. § 75.500(d) in the Sentinel Mine is hereby:
GRANTED, for the operator who may use the following total stations and theodolites and similar low
voltage battery-operated total stations and theodolites if they have an IP rating of 66 or greater
in or inby the last open crosscut, subject to the conditions of this Order:
1. Sokkia Electronic Total Station Model SET 3S0RX-31A
2. Sokkia Electronic Total Station Model SET 3S0R
3. Sokkia Electronic Total Station Model SETS 30 R 6 volts d.c.
4. Sokkia Electronic Total Station Model SETS 50 RX 6 voltsd.c.
5. Topcon Electronic Total Station Model GTS-22S 7.2 voltsd.c.
6. Topcon Electronic Total Station Model GTS-300W 7.2 volts d.c.
7. Topcon Digital Theodolite Model DT-270L
8. Topcon Digital Theodolite Model DT-209L
9. Sokkia Electronic Total Station Model SET-300 7.2 volts d.c.
10. Topcon Electronic Total Station Model GTS-301D 7.2 volts d.c.
11. Topcon Electronic Total Station Model GTS-235W
1. Non-permissible electronic surveying equipment shall only be used until equivalent
permissible electronic surveying equipment is available. The equipment allowed under this Order is
low voltage or battery-powered non-permissible total stations and theodolites. All non-permissible
electronic total stations and theodolites shall have an IP 66 or greater rating. When equipment
contains lithium batteries, the equipment must meet lithium battery safety standard UL1642 or IEC
62133.
2. The operator will maintain a logbook for electronic surveying equipment with the
equipment, or in the location where mine record books are kept or in the location where the
surveying record books are kept. The log book will contain the date of manufacture and/ or purchase
of each particular piece of electronic surveying equipment, and include proof of compliance with
any lithium battery safety standard. The logbook shall be made available to MSHA upon request.
3. All non-permissible electronic surveying equipment to be used in or inby the last open
crosscut, shall be examined by the person to operate the equipment prior to taking the equipment
underground to ensure the equipment is being maintained in a safe operating condition. These
examinations shall include
i. Check the instrument for any physical damage and the integrity of the case;
ii. Remove the battery and inspect for corrosion;
iii. Inspect the contact points to ensure a secure connection to the battery;
iv. Reinsert the battery and power up and shut down to ensure proper connections; and
v. Check the battery compartment cover or battery attachment to ensure that it is securely
fastened.
vi. For equipment utilizing lithium type cells, ensure that lithium cells and/ or packs are not
damaged or swelled in size."
The results of this examination will be recorded in the logbook.
4. The equipment shall be examined at least weekly by a qualified person as defined in 30
C.F.R. § 75.153; the examination results shall be recorded weekly in the equipment's log book.
Examination entries in the logbook may be expunged after oneyear.
5. The operator is to ensure that all non-permissible electronic surveying equipment is
serviced according to the manufacturer's recommendations. Dates of service will be recorded in
theequipment's log book and shall include a description of the work performed.
6. The non-permissible surveying equipment that will be used in or inby the last open
crosscut, shall not be put into service until MSHA has initially inspected the equipment and
determined that it is in compliance with all the terms and conditions of this Order.
7. Non-permissible surveying equipment shall not be used if methane is detected in
concentrations at or above 1.0 percent methane. When 1.0 percent or more of methane is detected
while the non- permissible surveying equipment is being used, the equipment shall be de-energized
immediately and the non-permissible electronicequipment withdrawn outby the last open crosscut.
Prior to entering in or inby the last open crosscut all requirements of 30 C.F.R. § 75.323 must be
complied with.
8. As an additional safety check, prior to setting up and energizing non- permissible electronic
surveying equipment in or inby the last open crosscut, the surveyor(s) shall conduct a visual
examination of the immediate area for evidence that the areas appear to be sufficiently rock-
dusted and for the presence of accumulated float coal dust. If the rock- dusting appears
insufficient or the presence of accumulated float coal dust is observed, the equipment may not be
energized until sufficient rock dust has been applied and/ or the accumulations of float coal dust
have been cleaned-up. If non-permissible electronic surveying equipment is to be used in an
unrock-dusted area within 40 feet of a working face where a continuous mining machine is used to
extract coal, the area is to be rock-dusted prior to energizing the electronic surveying equipment.
A positive means of preventing mobile equipment from tramming in the same entry or cross-cut where
surveyors are conducting their work inby the feeder shall be provided and addressed in the Roof Control Plan.
9. All hand-held methane detectors shall be MSHA- approved and maintained in permissible and
proper operating condition as definedby 30 C.F.R. § 75.320. All methane detectors must provide
visual and audible warnings when methane is detected at or above 1.0 percent.
10. Prior to energizing any of the non-permissible surveying equipment in or inby the last open
crosscut, methane tests must be made in accordance with 30 C.F.R. § 75.323(a).
11. All areas to be surveyed must be pre-shifted according to 30 C.F.R.
§ 75.360 prior to surveying. If the area was not pre-shifted, a supplemental examination according
to 30 C.F.R. § 75.361 must be performed before any non-certified person enters the area. If the
area has beenexamined according to 30 C.F.R. § 75.360 or 30 C.F.R. § 75.361, additional examination
is not required.
12. A qualified person as defined in existing 30 C.F.R. § 75.151 shall continuously monitor for
methane immediately before and during the use of non-permissible surveying equipment in or inby the
last open crosscut. A second person in the surveying crew, if there are two people in the crew,
must also continuously monitor for methane. That person must either be a qualified person as
defined in 30 C.F.R. § 75.151 or be in the process of being trained to be a qualified person but
has yet to “make such tests for a period of 6 months'' as required by 30 C.F.R. §
75.150. Upon completion of the 6 month training period the second person on the surveying crew must
become qualified in order to continue on the surveying crew. If the surveying crew consists of one
person, rather than two, such person shall monitor for methane with two separate devices.
13. Batteries contained in the surveying equipment must be “changed 11 out" or “charged” in
intake air outby the last open crosscut. Replacement batteries for the electronic surveying
equipment shall be carried only in the compartment provided for a spare battery in the electronic
equipment carrying case. Before each shift of surveying, all batteries for the electronic surveying
equipment must be charged sufficiently so that they are not expected to be replaced on that shift.
The following maintenance and use conditions shall apply to equipment containing lithium-type
batteries:
i. The battery pack must not be disassembled or modified by anyone other than permitted by
the manufacturer of the equipment.
ii. The battery pack must only be charged using the original equipment manufacturer's
recommended charger on the surface of the mine.
iii. The battery must not be exposed to water or allowed to get wet. This does not preclude
incidental exposure of sealed battery packs.
iv. The battery must not be placed in direct sunlight or used or stored near a source of heat.
v. The battery must not be used at the end of its life cycle (e.g. when there is a performance
decrease of greater than 20% in battery operated equipment). The battery must be
disposed of properly."
14. When using non-permissible electronic surveying equipment in or inby the last open crosscut,
the surveyor must confirm by measurement or by inquiry of the person in charge of the section, that
the air quantity on the section, on that shift, in the last open crosscut is at least the minimum
quantity that is required by the mine's ventilation plan.
15. Personnel engaged in the use of surveying equipment shall be properly trained to recognize
the hazards and limitations associated with the use of surveying equipment in areas where methane
could be present.
16. All members of the surveying crew shall receivespecific training on the terms and conditions
of this Order before using non-permissible electronic equipment in or inby the last open crosscut.
A record of the training shall be kept with the other training records.
17. Within 60 days after this Order becomes final, the operator shall submit proposed revisions
for its approved 30 C.F.R. § 75.220 roof control plan and 30CF.R. Part 48 training plans to the
Coal Mine Safety and Health District Manager. These proposed revisions shall specify additional
measures to protect surveyors from the hazards of mobile equipment while conducting their work on
the working section, initial and refresher training regarding the terms and conditions stated in
this Order. When training is conducted on the terms and conditions in this Order, an MSHA Certificate of
Training (Form 5000-23) shall be completed. Comments shall be included on the Certificate of Training
indicating that it was surveyor training.
18. The operator shall replace or retire from service any electronic surveying instrument that was
acquired prior to December 31, 2004 within one year of this Order becoming final. The operator
shall replace or retire from service any electronic surveying instrument that was acquired between
January 1, 2005 and December 31, 2010 within two years of this Order becoming final. Within three
years of the date that this Order becomes final, the operator shall replace or retire fromservice
any theodolite that was acquired more than five years prior to the date that this Order became
final or any total station or the other electronic surveying equipment identified in this Order
acquired more than ten years prior to the date that this Order became final. After five years, the
operator will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites
will be no older than five years from date of manufacture and total stations and other electronic
surveying equipment will be no older than 10 years from date ofmanufacture.
19. The operator is responsible for seeing that all surveying contractors hired by the operator
are using electronic equipment in accordance with the requirements of Condition Number 18 in this
Order. The conditions of use in this Order shall apply to all non-permissible electronic surveying
equipment used in or inby the last open crosscut regardless of whether the equipment is used by the
operator or by an independent contractor.
20. Non-permissible surveying equipment may be used when production is occurring, subject to
these conditions:
a. On an MMU where production is occurring, non- permissible electronic surveying equipment shall
not be used downwind of the discharge point of any face ventilation controls, such as tubing
(including controls such as "baloney skins) or curtains.
b. Production may continue while non-permissible electronic surveying equipment is used, if the
surveying equipment is used in a separate split of air from where production is occurring.
c. Non-permissible surveying equipment shall not be used in asplit of air ventilating an MMU if
any ventilation controls will be disrupted during such surveying. Disruption of ventilation
7
controls means any change to the mine1s ventilation system that causes the ventilation system not
to function in accordance with the mine1s approved ventilation plan.
d. If, while surveying, a surveyor must disrupt ventilation, the surveyor shall cease surveying
and communicate to the section foreman that ventilation must be disrupted. Production must stop
while ventilation is disrupted. Ventilation controls must be reestablished immediately after the
disruption is no longer necessary. Production can only resume after all ventilation controls are
reestablished and are in compliance with approved ventilation or other plans, and other applicable
laws, standards, or regulations.
e. Any disruption in ventilation shall be recorded in the logbook required by this Order. The
logbook shall include a description of the nature of the disruption, the location of the
disruption, the date and time of the disruption, the date and time the surveyor communicated the
disruption to the section foreman, the date and time production ceased, the date and time
ventilation was reestablished, and the date and time production resumed.
f. All surveyors, section foremen, section crew members, and other personnel who will be
involved with or affected by surveying operations shall receive training in accordance with 30
C.F.R. § 48.7 on the requirements of this Order within 60 days of the date this Order becomes
final. Such training must be completed before any non-permissible surveying equipment can be used
while production is occurring. The operator shall keep a record of such training and provide such
record to MSHA upon request.
g. The operator shall provide annual retraining to all personnel who will be involved with or
affected by surveying operations in accordance with 30 C.F.R. § 48.8. The operator shall train new
miners on the requirements of this Order in accordance with 30
C.F.R. § 48.5, and shall train experienced miners, as defined in 30
C.F.R. § 48.6, on the requirements of this Order in accordance with 30 C.F.R. § 48.6. The operator
shall keep a record of such training and provide such record to MSHA upon request.
21. The operator shall post this Order in unobstructed locations on the bulletin boards and/ or
in other conspicuous places where notices to miners are ordinarily posted, for a period of not less than 60 consecutive days.
22. Unless specifically mentioned herein, nothing in this Order changes or supersedes the
requirements otherwise imposed by the Mine Act, other mandatory standards or regulations, or
approved ventilation or other plans.
The petitioner shall include the above terms and conditions in the initial and annual refresher
training as required in its approved Part 48 training plans to ensure that miners are aware of the
stipulations contained in this petition.
Any party to this action desiring a hearing on this matter must file'in accordance with 30 C.F.R. §
44.14 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine
Safety and Health, 20112th Street South, Arlington, Virginia 22202.
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 may 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.
/s/
David Weaver,
Acting Deputy Administrator For Coal Mine Safety and Health
Certificate of Service
I hereby certify that a· copy of this proposed decision was served-personally or mailed, postage
paid, or provided by other electronic means this 31st day of
January , 2019, to:
Mr. John Stemple
Safety Director
21550 Barbour County Hwy
Philippi, WV 26416
jstemple@archcoal.com
/s/
Tammi Carrington
Secretary
cc: Eugene White, Director, Office of Miners' Health Safety & Training
#7 Players Club Dr. Suite 2, Charleston WV 25311
Eugene.E.White@wv.gov