OCT 28 2019
In the matter of: Petition for Modification
Rockwell Mining, LLC
Matewan Tunnel Mine
ID. No. 46-08610 Docket No. M-2019-020-C
PROPOSED DECISION AND ORDER
On April 22, 2019, a petition was filed seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.1108(c) to Petitioner's Matewan Tunnel Mine located in Boone 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.) § 75.1108(c) states, in relevant part,
(c) Effective December 31, 2018 all conveyor belts used in underground coal mines shall be approved under Part 14.
Petitioner is requesting a modification of the standard to allow the use of non-Part 14 conveyor belt at the Matewan Tunnel Mine.
MSHA personnel conducted an investigation of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. 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 Rockwell Mining, LLC's Matewan Tunnel Mine on August 21, 2019.
The Matewan Tunnel Mine is located in Boone County, West Virginia on the Pond Creek Road/Route WV-85 approximately 3 miles south of Wharton, WV. Rockwell Mining, LLC has been the mine operator since October 26, 2015. The Matewan Tunnel Mine is a straight, three entry system, a total of 10,500 feet in length portal-to-portal and does not have an active mining section. The previously mined Matewan coal seam is approximately 33 inches in thickness and an additional 48 inches of top rock was mined, providing an average mining height of 81 inches throughout the mine. The mine entries were developed on 150 foot centers. The mine roof is primarily supported by 6 foot fully grouted bolts with steel channels installed on each row of bolts. The mine's ribs are supported by 4 foot long conventional roof bolts and steel straps on 5 foot centers. The mine is ventilated by one main blowing fan located on the Rocklick Preparation Plant side and is generating 87,685 CFM. The airflow enters the mine to the No. 11 cross cut and then splits, with approximately 45,851 CFM leaving the mine on the Harris Mine side and 41,816 CFM leaving the mine on the Rocklick Plant side. The average air velocity in the belt entry is 50 feet per minute. The beltline is isolated on both sides by block stoppings with 3 ft. wide by 5 ft. high man doors in every other break. The doors are left open to allow the three entries to be common for ventilation purposes.
The belt is located in the center entry (Entry #2) and is offset from the center to allow a rubber-tired battery powered 4-wheeler to travel alongside the belt line on graveled roadways. The average entry width is 20 feet which allows sufficient room to walk on the offside of the belt.
The conveyor belt is imbedded with steel cable and the dimensions are 42 inches wide x 7/ 8 inches in thick x 12,445 feet in total length. The belt system was originally designed to simultaneously transport coal in both directions with raw coal on the top side of the belt going to the Rocklick Preparation Plant and clean coal on the bottom side of the belt going to the second rail load out.
The belt conveyor has a carrying capacity of 1,000 tons per hour on each belt (top and bottom) and travels at a speed of 670 feet per minute. The belt is driven on each end by two separate belt drives located on the surface. A 500 HP belt drive is used on the Rocklick Preparation Plant side and a 1000 HP belt drive is used on the Harris Mine side. The belt is used to transport raw coal from the Rockwell Black Oak Mine to the Rocklick Preparation Plant. The Black Oak mine has an average production of 4,000 raw tons per day.
The underground portion of the beltline is illuminated by fluorescent bulbs located every two crosscuts. There are significant fire detection/fire-fighting devices and emergency lifelines throughout the tunnel. Stop/Start control switches are located every 7 breaks and carbon monoxide sensors are spaced at 1000 foot intervals. Fire hose taps are spaced every 300 feet with a 3 inch diameter plastic water line suspended from the roof. Fire hoses are stored at #1, #37 and #74 breaks. Self-Contained Self Rescuer (SCSR) caches are stored at breaks #14, #28, #37, #42, #56 and #70 and two SCSR's are stored on the 4-wheeler vehicle. Emergency barricade materials are located in the No. 3" entry.
The petitioner states that Part 14 belt will be used to repair and replace belting and that approximately 2,000 feet of Part 14 belt will be installed by the end of 2019.
Communication systems are established throughout the mine with hand-held radios and a hardwired mine phone system located every seven breaks.
The mine electrical system consists of six 12,470 volt AC power transformers, one disconnect box, one D-box, two battery chargers and 39 water pumps.
The mine currently employs 3 miners, including supervisory personnel and operates one 8 to 9 hour shift per day, 5 to 6 days per week. The mine liberates zero cubic feet of methane in a 24 hour period. The mine is represented by the Unit d Mine Workers of America union organization and they have a miner's representative. The granting of this petition would affect all underground miners at the mine.
On the basis of the petition and the findings of MSHA's investigation, Rockwell Mining, LLC, is granted a modification of the application of 30 C.F.R. § 75.1108(c) to its Matewan Tunnel 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 Rockwell Mining, LLC's Petition for Modification of the application of 30 CF .R. § 75.1108(c) in the Matewan Tunnel Mine is hereby:
GRANTED, for the operator who may use the existing underground conveyor belt which is not currently approved under Part 14, subject to the conditions of this Order:
Terms and Conditions
1. The mine operator will install 2,000 feet of Part 14 belt by January 1, 2020. The remainder of the belting used.in the Matewan Tunnel will be replaced with Part 14 belt by January 1, 2021.
2. The previous two hours of data from the carbon monoxide (CO) system will be monitored for any signs of combustion prior to a qualified person entering the mine. The CO system data from the prior four hours will be monitored for any signs of combustion at the end of the coal transport each day. The CO system data will be examined for any changes detected by the CO sensors prior to resuming operation on the following day. The CO sensors will be set to "low alarm” at 5 PPM and "high alarm” at 10 PPM. The CO monitoring system will be programmed to shut off the belt at "high alarm”
3. A daily functional (bump) test of at least one sensor will be conducted for carbon monoxide in addition to the weekly functional test required under 30 CFR 75.1103-8. A different sensor will be bump tested each day. In addition to ensuring the CO sensors are working properly, the test should ensure that the monitoring attendant is able to detect the visual and audible warning alarms.
4. Train miners on location of Part 18 belt and revise the emergency evacuation and firefighting program of instruction per 30 CFR 75.1502 as appropriate.
5. An immediate functional test of fire suppression systems along with additional tests shall be conducted weekly. A daily visual inspection of all fire suppression systems shall be conducted by a qualified person.
6. Rockwell Mining, LLC will install a /I waterfall system" every 900 feet which will be integrated into the CO monitoring system. The waterfall will activate at 50 parts per million of CO. The waterfall will provide a water curtain from roof to floor and extend rib to rib. The volume of water will be supplied at 45 gallons per minute at a pressure of 50 pounds per square inch.
7. A pre-shift examination will be conducted with the belt empty and not operating. An on-shift examination will be conducted at any time during the shift while the belt is in operation and transporting coal.
8. The examiner will enter the mine from the Harris Portal, the downwind side, and will travel into fresh air from crosscut #75 to crosscut #11. Fresh air will come from behind the examiner while traveling from crosscut #11 to the Rocklick Portal.
9. Examiners will be trained to immediately notify the dispatcher when CO is detected.
10. If the CO system is malfunctioning, the belt shall not operate until necessary repairs have been made. 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 Mine Safety and Health Enforcement, 201 12th 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 L. Weaver,
Deputy Administrator for Mine Safety
and Health Enforcement
Certificate of Service
I hereby certify that a copy of this proposed decision was served, personally or mailed, post prepaid, or provided by other electronic means this 28th day of October , 2019, to:
Mark E. Heath
Spillman Thomas & Battle, PLLC
300 Kanawha Boulevard, East
Post Office Box 273
Charleston, West Virginia 25321-0273
Mr. Harold Elswick
Representative of Miners
United Mine Workers of America
Local Union 1503
500 4th Street
Madison, WV 25130
/s/
Robert S. Roark
Mine Safety and Health Specialist
cc: Mr. Eugene White, Director, Office of Miner's Health Safety & Training, #7 Players Club Dr., Suite 2, Charleston, WV 25311