In the matter of: Petition for Modification
Little Buck Coal Co.
Broad Mountain Slope I.D. No. 36-10233 Docket No. M-2018-024-C
PROPOSED DECISION AND ORDER
On October 17, 2018, a petition was filed seeking a modification of the application of 30
C.F.R. § 75.1202-1(a) to the Petitioner’s Broad Mountain Slope mine, located in Schuylkill County, Pennsylvania. The standard states, "Mine maps shall be revised and supplemented at intervals of not more than 6 months." Petitioner proposes to increase the required interval of survey from 6 months to annually. 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 from March 5, 2019 through April 10, 2019 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 and MSHA1s investigative report, this Proposed Decision and Order is issued.
Finding of Fact and Conclusion of Law
The alternative method proposed by the Petitioner (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 1202-1(a). MSHA's investigation verified"..., the low production and slow rate of advance in anthracite mining make surveying on 6 month intervals impractical. In most cases annual development is frequently limited to 750 feet of gangway advance with associated up-pitch development."
On the basis of the petition and the findings of MSHA1s investigation, Little Buck Coal Co. is granted a modification of the application of 30 C.F.R. § 75.1202-1(a) to its Broad Mountain Slope.
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 Little Buck Coal Co.'s Petition for Modification of the application of 30 C.F.R. § 75.1202-1(a) in the Broad Mountain Slope mine is hereby:
GRANTED, for annual revisions and supplements of the mine map, conditioned upon compliance with the following terms and conditions:
1. The mine map shall be revised and supplemented based on a survey made or certified by a registered engineer or a registered surveyor at intervals of not more than twelve (12) months. The annual due date shall coincide with that of the ventilation plan/ map approval date.
2. The mine map shall also be revised and supplemented on the basis of a survey made or certified by a registered engineer or registered surveyor prior to final retreat mining or from the point of deepest penetration of gangway advance or breast advance if not connected to a surveyed location.
3. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health District Manager. These proposed revisions shall include initial and refresher training regarding compliance with the Proposed Decision and Order.
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, 201 12th Street South, Arlington, Virginia 22202-5452.
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 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 Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.
_____/s/_______
David L. 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 prepaid, or provided by other electronic means this 28th day of May , 2019, to:
Mr. Ronald Bender Partner
Little Buck Coal Co. 21 Pine Lane
Pine Grove, PA 17963
Hotwheels 45@yahoo.com
____/s/______
Kim Picott-Wagner
Secretary
cc: Mr. Colvin C. Carson, Director, Bureau of Mine Safety PA Dept. of Environmental Protection 131 Broadview Road New Stanton, PA 15672 cocarson@pa.gov