Petition - Docket No. M-2019-006-M | Mine Safety and Health Administration (MSHA)

FEB 27 2020

In The Matter of PETITION FOR MODIFICATION

Hecla Limited

Lucky Friday Mine

MSHA ID No. 10-00088 Docket No. M-2019-006-M

Proposed Decision and Order

On September 4, 2019, Hecla Limited filed a petition for modification requesting the modification of 30 C.F.R. § 57.11052(d) for the Lucky Friday Mine, I.D. No. 10-00088, in Shoshone County, Idaho. The mine is an underground silver, lead, and zinc mine that began operating in 1942 and expects to continue mining for another 20 to 30 years.

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

(a) Of fire-resistant construction, preferably in untimbered areas of the mine;

(b) Large enough to accommodate readily the normal number of persons in the particular area of the mine;

(c) Constructed so they can be made gastight; and

(d) Provided with compressed air lines, waterlines, suitable handtools, and stopping materials.

Petitioner seeks modification of§ 57.11052(d) 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 three refuge chambers provided in the mine. 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 non-potable water to the refuge area, will result in a diminution of safety to the miners.

On February 12, 2020, Hecla Limited submitted an "Amendment to Lucky Friday Petition for Modification of 30 C.F.R. § 57.11052(d)." Petitioner seeks to expand the original petition to also apply to future refuge chambers and locations.

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

FINDINGS OF FACT AND CONCLUSIONS OF LAW

MSHA investigators conducted a field investigation on October 24, 2019, and supplemented the investigation with follow-up phone conversations and email exchanges.

The seventy-seven year old mine utilizes drill and blast methods, along with electric and diesel mining equipment, for drilling, loading, and hauling to the production shaft, and hoisting silver, lead, and zinc ore to the surface. Due to the multiple mining levels and travel distances for miners, three refuge chambers are currently located in the mine.

The three refuge chambers are located at:

• 4900 Level - in 54 ramp on the 4850 sublevel (MineARC self-contained refuge chamber)

• 5180 Upper Connection Drift (Strata self-contained refuge chamber)

• 57-6150 Lower Connection Drift (Strata self-contained refuge chamber)

In addition to the locations provided in the original petition, Petitioner seeks to include the future refuge chambers in the petition with proposed locations at:

• 6500 Level (Level currently in development. The refuge chamber has not been constructed yet)

• 7500 Level (Not developed yet)

• 8300 Level (Not developed yet)

As an alternative method of complying with the waterline requirement contained in § 57.11052(d), Petitioner proposes maintaining commercially purchased, bottled water in sufficient quantities 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 in the refuge area.

The Petitioner alleges that water provided via a pipeline to these refuge chambers represents a diminution of safety, stating that the mine water is non-potable, as it is noncompliant with 40 CFR Part 141, National Primary Drinking Water Regulations.

Additionally, the mine water system is very large and complex and inherently susceptible to mechanical damage in the event of a mine emergency.

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 providing each of the refuge chambers with a minimum of 2.25 quarts of potable drinking water per person, per day based on the refuge manufacturer's specified maximum occupant capacity, for at least 36 hours in the refuge area. (One refuge is rated for 20 miner occupancy while the other two are rated for 8 miner occupancy).

Petitioner agrees to ensure that provisioned water will have a maximum shelf life of 2 years and that Petitioner will confirm the condition and quantity of stored water 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 system complexity and age, or damage to the waterline. The quality of the bottled water is also guaranteed safe for drinking by miners needing to take refuge.

MSHA reviewed the mine's history in addition to current and forecast mining conditions at the mine. The mine has incurred a number of rock outbursts attributed to depth of the deposit and rock pressure. The silver valley is known for difficult mining conditions.

These conditions are expected to continue throughout the mine life as active mining areas extend to increasing depths. An emergency resulting from ground failure, interrupted ventilation, and/or other reason has the potential to result in miners requiring refuge for three or four days. For this reason, MSHA determined that a 96-hour supply of water for each miner taking refuge is required for Petitioner's proposed alternative method to provide the same measure of protection afforded the miners by the standard.

On the basis of the petition and the findings of MSHA's investigation, Hecla Limited is granted a modification of the application of 30 C.F.R. § 57.11052 (d) petition as it relates to the installed and future refuge areas at the Lucky Friday Mine.

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 Hecla Limited, as it pertains to potable water supplied to refuge areas at the Lucky Friday Mine is hereby:

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

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

2. 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 96 hours (i.e., 4 days) in the refuge area.

3. 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.

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

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

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 requesting, 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/

Timothy R. Watkins Administrator for

Mine Safety and Health Enforcement

CERTIFICATE OF SERVICE

I hereby certify that a copy of this Proposed Decision and Order was served personally or mailed; postage prepaid, or provided by other electronic means this 27th day of February , 2020 to:

Lance Boylan

Acting HSE

Manager Lucky

Friday Mine

397 Friday Avenue,

Mullan, Idaho 83846

LBoylan@hecla-mining.com

Kevin Foy

Miners' Representative

PO Box 256,

Mullan, ID 83846

Silas Walls

Miners' Representative

783 Burke Rd,

Wallace, ID 83873

Neil Sheley

Miners' Representative

PO Box 97,

Kingston, ID 83859

Jess Hill

Miners' Representative

606 4th Street,

Pinehurst, ID 83850

Steve Thomas

Mine.rs' Representative

104 Memory Lane,

Pinehurst, ID 83850

Cliff Shiner

Miners' Representative

PO Box 64,

Osburn, ID 83849

/s/

Michele Gussie Secretary