8/1/2022
In the matter of Petition for Modification
Wolf Run Mining Company
Leer South Mine
I.D. No. 46-04168 Docket No. M-2021-025-C
PROPOSED DECISION AND ORDER
On June 30, 2021, MSHA confirmed receipt of Wolf Run Mining Company’s filed petition for modification of the application of 30 C.F.R. § 75.1904(b)(6) to its Leer South Mine, an underground coal mine in Barbour County, West Virginia. Section 75.1904(b)(6) requires that underground diesel fuel tanks be provided with “[s]hutoff valves located as close as practicable to the tank shell on each connection through which liquid can normally flow.”
The Petitioner modified a diesel-powered locomotive so that it could be used near the working section at the Leer South Mine to transport supplies and equipment and to refuel underground diesel-powered forklifts from the locomotive’s diesel fuel tank. The Petitioner seeks a modification of the application of Section 75.1904(b)(6) at the Leer South Mine to permit an alternative method of compliance that would allow the use of a “Brookville Diesel Motor” (locomotive) in a dual role as a “Motor” and as a “Diesel Fuel Transportation Unit.” The Petitioner states that, under Section 75.1904(b)(6), the use of a shut-off valve in the return line may pose a risk to the motor’s operation and emissions and is not related to fuel dispensing. In addition, the Petitioner states that all other required shut-off valves are installed on the connections as close as practicable to the tank’s shell. The Petitioner proposed an alternative method which it alleges will at all times guarantee no less than the same measure of protection afforded the miners of the Leer South Mine by the standard.
MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Mine Safety and Health Enforcement. After a careful review of the entire record, including the petition, MSHA's investigative report and recommendations, this Proposed Decision and Order (PDO) is issued.
Findings of Fact and Conclusions of Law
On August 3, 2021, a meeting was held between MSHA and the mine operator regarding the subject petition. A copy of the petition was posted on the mine bulletin board. Thfollowing persons participated in the investigation: Harrison Abbott – Safety Manager; Brian Mitchell – Safety Department; John Stemple – Safety Department; Nate Waters – Safety Department; Richard Miller –Mine Inspector (Bridgeport Field Office); and Philip Long –Mine Inspector (Electrical). A representative number of miners were informed of the submitted petition and were provided the opportunity to share their comments or questions, however none were shared.
Leer South is an underground mine operating in the Clarion and Lower Kittanning coal seams. The mine utilizes one slope from the surface to the Clarion seam used for raising and lowering miners and materials. They also have three internal slopes from the Clarion to the Lower Kittanning seam, one for haulage and two for ventilation. The mine has one intake air shaft, one bleeder shaft, one utility shaft, and one return shaft. Leer South will operate one longwall section and 6 to 8 continuous miner sections. The mine currently employs 519 underground miners and 83 surface miners, with three production shifts a day, seven days a week. In 2020 the mine had a clean coal production of approximately 756,069 tons with a projection of 3.6 million clean tons per year after longwall production starts.
The mine liberates approximately 3,033,414 cfm of methane per day. The granting of this petition would affect all underground coal miners.
Pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977,
30 U.S.C. Section 811(c) (the "Act"), and 30 C.F.R. § 44.10, et sec., Wolf Run Mining (“Leer South Mine”) files an amended Petition for Modification of the application of mandatory safety standard 30 C.F.R. § 75.1904(b) at its Leer South Mine located in Barbour County, West Virginia, I.D. No. 46-04168, for an alternative method of compliance with the standard to permit the use of a Brookville diesel motor in a dual role as a motor/diesel fuel transportation unit. In support of its Petition, Leer South Mine states as follows:
The Petitioner seeks a modification of the application of Section 75.1904(b)(6) at the Leer South Mine to permit an alternative method of compliance that would allow the use of a “Brookville Diesel Motor” (locomotive) in a dual role as a “Motor” and as a “Diesel Fuel Transportation Unit.” The Petitioner modified the locomotive, manufactured by the Brookville Equipment Corporation, so that it would not only function as diesel-powered equipment used for transporting supplies, etc., but also as a diesel fuel tank and diesel fuel transportation unit for refueling diesel-powered forklifts underground. The majority of its use would consist of moving loads of supplies and equipment underground near the working section. In addition, the locomotive’s diesel fuel tank would be used to routinely refuel diesel-powered forklifts underground. The Petitioner states that, under Section 75.1904(b)(6), the use of a shut-off valve in the return fuel line of the dual-use locomotive may pose a risk to the motor’s operation and emissions and is not related to fuel dispensing. In addition, the Petitioner states that all other required shut-off valves are installed on the connections as close as practicable to the tank’s shell. During MSHA’s investigation, the Petitioner stated that its proposed alternative method will allow a safer refueling method for its diesel-powered forklifts. Leer South Mine is a part of the same company as Leer Mine, Mine ID No. 46-09192. The mine operates in the same coal seam just a few miles from one another. Both mines utilize the same Brookeville Diesel Locomotives. The Leer Mine was loading diesel-powered forklifts on rail flatcars for transport by diesel locomotive from the development sections to the permanent fuel storage location at the portal bottom area for refueling. Leer Mine’s similar petition was thoroughly investigated with the assistance of MSHA Technical Support along with other investigators including the State Enforcement personnel. The petitioner proposes the following alternative method of compliance to the application of 30 C.F.R. § 75.1904(b)(6) at its Leer South Mine.
1. Leer South Mine seeks modification of 30 C.F.R. § 75.1904(b)(6), as it pertains to the requirement that underground diesel fuel tanks be equipped with shut-off valves on all connections to the tank. That standard provides in relevant part:
Shutoff valves located as close as practicable to the tank shell on each connection through which liquid can normally flow.
2. Leer South Mine seeks modification of 30 C.F.R. § 75.1904(b)(6) as it applies to the return line from the motor's engine back to the fuel tank. Using some type of shut-off valve poses a risk to the motor's emissions and is not related to fuel dispensing. All other required shut-off valves are installed on the connections as close as practicable to the tank’s shell.
3. The alternative method proposed in the Petition will at all times guarantee no less than the same measure of protection afforded by the standard 30 C.F.R. § 75.1904(b)(6).
4. In the alternative to compliance with 30 C.F.R. § 75.1904(b)(6), Leer South Mine proposes the following:
a. The Brookeville diesel motor has been equipped with a fuel tank constructed of
¼-inch steel plates that are designed to serve as both the motor's fuel tank and a fuel-dispensing tank. The tank is equipped with a pump that can only dispense fifty percent of the tank's capacity; this will ensure that the motor's fuel supply cannot be completely depleted.
b. During the fueling process the motor's engine will be shut off eliminating unnecessary idling 75.1916(d) and the 8 gpm fuel dispensing pump will operate utilizing a separate battery power source that has been added to the Motor. The fuel dispensing hose a 50 ft hose with a no latch open device and a self-closing valve. There is a power supply switch at the pump's nozzle storage bracket as well an emergency shut off switch located above the fuel tank. The emergency switch is protected by a cover which automatically ensures that the switch is in the off position anytime the cover is closed. 75.1905(b). The following Fueling procedure has been developed and posted on the fuel tank.
• Make sure Fueling Sign is hung.
• Inspect Fire Extinguishers prior to beginning the fueling process.
• Ensure Fire Extinguishers are located out-by the fueling point.
• Verify Fuel hose, Equipment, etc. are in good condition.
• Test for Methane in the atmosphere.
• Check for potential ignition sources and other hazards in the area.
• Notify the mine Dispatcher before starting.
• Unlock and open the emergency shut off switch.
• Check for any spills after the fueling is complete.
• Shut off the emergency switch and close locked cover.
• Notify the mine Dispatcher after completion.
c. The tank is equipped with a 4-inch vent designed to open at a pressure not to exceed 2.5 psi. (75.1904(b))
d. Tank openings are identified and marked. The tank, fittings and components have been pressure tested.
e. The pump dispensing line is equipped with a manual shut off valve that will serve as anti-siphoning device. 75.1905(b) iii
f. Additional Fire Suppression and Detection have been installed to ensure that the system protects and meets all of the requirements. 75.191 l(b)
g. At no time will the Motor be operated unattended. 75.1916(e)
h. Within 60 days after this Proposed Decision and Order becomes final, Leer South Mine shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Coal Mine Safety and Health Enforcement District Manager. In addition to the requirements specified in items No. 1, these proposed revisions shall specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.
5. The miners at Leer South Mine are not represented by a labor organization but this petition has been posted at the mine.
Diesel-powered equipment is typically used for a particular service or purpose. For example, it may be used to transport supplies or equipment for production or support work or, it may be used for transporting a fuel tank on a diesel fuel transportation unit. If diesel-powered equipment is used for transporting supplies or equipment and a fuel tank, a separate trailer with the fuel tank is parked in a permanent or temporary fuel tank storage area while the diesel-powered equipment is used to transport the supplies and equipment. Under the petition, however, the locomotive would be used to transport supplies or equipment and its fuel tank would be used to refuel forklifts underground. The investigation verified the Petitioner’s proposed alternative method.
MSHA’s mandatory safety standards for diesel-powered equipment under 30 C.F.R. Subpart T include requirements for diesel fuel tanks, dispensing of diesel fuel, and transport of diesel fuel, in addition to the safety requirements that are applicable to the diesel equipment itself. The diesel-powered equipment standards define the term “diesel fuel tank” as “a closed metal vessel specifically designed for the storage or transport of diesel fuel;” and the term “diesel fuel transportation unit” is defined as “a self-propelled or portable wheeled vehicle used to transport a diesel fuel tank.” 30 C.F.R. § 75.1900. The proposed dual use of the diesel-powered locomotive as described in the petition does not fit neatly within the above definitions of a diesel fuel tank and diesel fuel transportation unit because the locomotive’s fuel tank would be used to refuel diesel-powered forklifts underground. Nevertheless, the Petitioner’s proposed alternative method consists of compliance with many of the provisions of MSHA’s diesel equipment standards applicable to an underground diesel fuel tank and a diesel fuel transportation unit under Sections 75.1904 and 75.1905.
There are additional safety concerns that result from refueling diesel-powered forklifts underground from the locomotive’s fuel tank that are not covered by the Petitioner’s proposed alternative method. For example, depleting the fuel to operate the locomotive’s engine can cause the locomotive to stop in a hazardous manner or location. There are also additional fire hazards from fuel spillage and from the separate electrical system for the dispensing pump and the recharging of its battery. A significant concern is the ability of miners to exit the mine safely in the event of a fire. Accordingly, this PDO includes modifications to Sections 75.1904, 75.1905, and 75.1906, and additional terms and conditions to address the safety concerns.
The parts have been received but the petitioner does not plan on installing them until the Petition is granted. When installed, the fuel pick-up tube will be extended half-way down into the fuel tank so the motors fuel supply can never be more than half depleted. A fueling intake checklist, as provided in the Petition, will be provided on machines. The manufacturer has provided confirmation that all machine fuel tanks have been pressure tested to 3 psi as per regulations.
The dual-use locomotive may be used as a “diesel fuel tank” under Section 75.1904 and as a “diesel fuel transportation unit” under Sections 75.1905 and 1906 to safely transport supplies and equipment and safely refuel forklifts underground from the locomotive’s fuel tank provided that the Petitioner complies with the diesel-powered equipment standards in 30 C.F.R. Subpart T; and the standards applicable to diesel fuel tanks under Section 75.1904, dispensing of diesel fuel under Section 75.1905, and transport of diesel fuel under Section 1906, as modified below; and the additional safety requirements in the terms and conditions in this PDO. During this investigation there were noticeable differences between the previously granted petition for Leer Mine and the Leer South Mine Petition. Leer South Mine is willing to accept the terms and conditions previously granted and included in Leer Mine’s Petition. This was confirmed by a follow up meeting held with Wolf Run Mining Company on March 7, 2022. The pump dispensing line will contain a self-closing valve with no latch open device. The fire suppression and detection system will be installed the same as the previously granted petition. Leer South Mine’s intent is to mirror Leer’s Petition M-2016-022-C in every way. Accordingly, on the basis of the entire record, Wolf Run Mining LLC’s petition for modification is granted.
ORDER
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, 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. § 75.1904(b)(6) in the Leer South Mine is hereby:
GRANTED, for the use of the Brookville Diesel Motor (locomotive) in the dual role as a diesel fuel tank and a diesel fuel transportation unit to be used to refuel diesel-powered forklifts underground subject to the diesel-powered standards in 30 C.F.R. Subpart T; and the standards concerning diesel fuel tanks (Section 75.1904), dispensing of diesel fuel (Section 75.1905), and transport of diesel fuel (Section 75.1906), the application of which is modified below; and conditioned upon compliance with the additional terms and conditions.
1. Section 75.1904(a) is modified to apply to Petitioner’s dual-use locomotive. The dual-use locomotive used underground shall—
(a) Have steel walls of a minimum 3/16-inch thickness, or walls made of other metal of a thickness that provides equivalent strength;
(b) Be protected from corrosion;
(c) Be of seamless construction or have liquid tight welded seams; and,
(d) Not leak.
2. Section 75.1904(b)(1)(ii) is modified to apply to Petitioner’s dual-use locomotive. The dual-use locomotive, with a tank capacity of 500 gallons or less must be provided with an emergency venting device whose area is equivalent to a pipe with a nominal inside diameter of 4 inches or greater and which is designed to open at a pressure not to exceed 2.5 psi.
3. Section 75.1904(b)(2), (3), (4), and (5), is modified to apply to Petitioner’s dual-use locomotive. The dual-use locomotive shall have—
(a) Self-closing caps for locomotive’s diesel fuel tank;
(b) Vents to permit the free discharge of liquid, at least as large as the fill or withdrawal connection, whichever is larger, but not less than 1-1/4 inch nominal inside diameter;
(c) Liquid tight connections for all tank openings that are—
(i) Identified by conspicuous markings that specify the function; and
(ii) Closed when not in use; and
(d) Vent pipes that drain toward the tank without sagging and are higher than the fill pipe opening.
4. Section 75.1904(b)(6) is modified to apply to Petitioner’s dual-use locomotive. The locomotive’s fuel pump dispensing line and fuel tank supply lines shall be equipped with shut- off valves. The shut-off valves shall be installed as close as possible to the tank’s shell on each connection through which liquid flows. A shut-off valve shall not be installed on the return line from the locomotive’s engine back to the fuel tank. Use of a shut-off valve on the return line may pose a risk to the locomotive’s operation and emissions and is not related to fuel dispensing.
5. Section 75.1904(d) is modified to apply to Petitioner’s dual-use locomotive. Surfaces of the locomotive’s tank and its associated components must be protected against damage by collision.
6. Section 75.1904(e) is modified to apply to Petitioner’s dual-use locomotive. Before being placed in service, the locomotive’s tank and its associated components must be tested for leakage at a pressure equal to the working pressure. Construction layouts, installation diagrams and documentation of appropriate testing of the locomotive’s tank and its associated components shall be provided to and maintained by the mine operator. The fuel dispensing system including the tank and its associated components must be properly designed for the application and shall be installed in a workmanlike manner.
7. Section 75.1905(a) is modified to apply to Petitioner’s dual-use locomotive. Diesel- powered forklifts in Petitioner’s Leer South Mine may be refueled from the fuel tank of the dual- use locomotive.
8. Section 75.1905(b),(3)(i),(ii), and (iii), is modified to apply to Petitioner’s dual-use locomotive. Fuel that is dispensed from the locomotive’s tank must be dispensed by a fuel dispensing pump with—
(a) A power supply switch installed near the pump’s nozzle storage bracket.
(b) One continuous refueling hose with no connections. The maximum hose length shall be 50 feet. The refueling hose shall have a self-closing dispensing nozzle that closes when the handle is released.
(c) An anti-siphoning device or equivalent functionality of anti-siphoning by the fuel dispensing system.
9. Section 75.1905(c) is modified to apply to Petitioner’s dual-use locomotive. Diesel fuel must not be dispensed from the locomotive’s fuel tank using compressed gas.
10. Section 75.1905(d) is modified to apply to Petitioner’s dual-use locomotive. Prior to and during refueling of forklifts underground, the locomotive’s engine shall be shut off and remain off thereby eliminating unnecessary idling. In addition, the forklifts to be refueled shall be shut off, allowed to cool for at least ten minutes before refueling, and remain off during refueling.
11. Section 75.1905(e) is modified to apply to Petitioner’s dual-use locomotive. An accessible emergency shut-off switch shall be installed in close proximity to the fuel tank. The emergency shut-off switch shall be protected by a cover which ensures that the switch is in the off position anytime the cover is closed. The emergency shut-off switch shall be in the off position with the cover closed and locked at all times unless the fuel dispensing system is being used to dispense fuel.
12. The application of Section 75.1906, concerning the transport of diesel fuel, is modified to apply to Petitioner’s dual use locomotive. In addition, the locomotive shall be promptly removed from the intake escapeway when refueling of a forklift is completed.
13. The fuel dispensing pump shall be equipped to limit the amount of fuel that can be dispensed to a maximum of fifty percent of the tank’s capacity to ensure that the locomotive’s fuel supply is not completely depleted.
14. When refueling a forklift underground, the fuel delivery rate shall be established and maintained to prevent spillage. The fuel delivery rate should be based on the size of the tank to be refueled in order to reduce the likelihood of spillage from accidental overfilling.
15. The Petitioner’s dual-use track mounted locomotive is nonpermissible, heavy duty diesel powered equipment and shall not be used where permissible electrical equipment is required. Therefore, Section 75.1910 concerning nonpermissible diesel-powered equipment; electrical system design and performance criteria requirements are modified to apply to the fuel pump battery and its electrical system. In addition to the requirements in Section 75.1910, a separate battery (from the locomotive’s engine starting battery and charging system) shall be used as the sole power to the fuel dispensing pump. This pump battery and its electrical system shall be protected and adequately covered. In no case shall a temporary (jumpered) battery be used. This battery shall be charged only when removed from the equipment. This battery will be changed when service is performed on the surface.
16. In addition to the fire suppression system requirements under 30 C.F.R. § 75.1911 concerning fire suppression systems for diesel-powered equipment and fuel transportation units, the surfaces of the fuel tank and its associated components including the pump, hose, and battery, must be protected from external damage and adequately covered. The fuel dispensing system shall be installed such that the activation of the equipment’s fire suppression system shall shut off battery power to the fuel dispensing pump.
17. A trained person shall ensure that the following safe fueling procedures are followed. These procedures include actions that shall be conducted before, during and after refueling.
a. The refueling area shall be designated and identified with a clearly marked sign.
b. The refueling area shall be well rock dusted.
c. The atmosphere of the refueling area shall be examined and continuously monitored for methane to ensure that explosive levels are not reached.
d. The appropriate personnel located on the surface shall be contacted before and at the completion of dispensing fuel. The refueling location shall be communicated to appropriate personnel located on the surface.
e. Firefighting equipment shall be present and in good working condition. Two 20- pound fire extinguishers (10A60BC or higher rating) shall be located upwind of the refueling area within easy reach of the refueling area prior to and during refueling. The fuel dispensing system, miners, and fire extinguishers shall be located up wind of the refueling area.
f. An additional trained person, other than the miner performing the refueling, shall perform a fire watch during refueling. The trained person shall have the ability to communicate from the refueling area to a designated person on the surface.
g. Neither the fuel dispensing unit nor the equipment being fueled shall block the escapeway while dispensing fuel.
h. Proper personal protective equipment and a spill clean-up kit including fuel absorbent material, or any other needed equipment or tools shall be readily available at the refueling locations.
i. Unlock and open the emergency shut-off switch.
j. When refueling is complete shut off the emergency switch and close and lock the cover.
18. The following check list shall be posted on the locomotive on or near its fuel tank and shall be maintained legible.
• Ensure that the fueling sign is hung.
• Ensure that the locomotive’s engine is shut off.
• Inspect the fire extinguishers prior to starting refueling.
• Ensure that the fire extinguishers are located outby the fueling point.
• Verify that the fuel hose and associated equipment are in good condition.
• Test for methane in the atmosphere.
• Check for potential ignition sources and other hazards in the area.
• Notify the mine dispatcher before starting.
• Unlock and open the emergency shut-off switch.
• Check for any spills while fueling and after fueling is completed.
• Shut off the emergency switch and close and lock the cover.
• Notify the mine dispatcher after completion.
19. No fuel shall be pumped into cans in the intake escapeway.
20. The requirement that the locomotive’s fueling system and components be examined and tested weekly as part of the requirements for maintenance of diesel-powered equipment under 30 C.F.R. § 75.1914(f) includes testing of the anti-siphon functionality of the system to assure that it is maintained in safe condition or removed from service.
21. The locomotive shall not be used to transport personnel.
22. The locomotive shall never be left unattended unless it is parked in a permanent or temporary underground diesel storage area in accordance with Section 75.1903.
23. The refueling location near the working section shall be ventilated with intake air that is coursed into a return air course or to the surface and that is not used to ventilate working places. Alternately, if the refueling location near the working section is ventilated with intake air that is used to ventilate working places then a CO sensor shall be installed to monitor the atmosphere downwind of the refueling location. The CO sensor shall be installed at a distance downwind of the refueling location not to exceed 1,000 feet. However, where air velocities are between 50 and 100 feet per minute the CO sensor shall be installed at a distance downwind of the refueling location not to exceed a distance of 500 feet. Lastly, where air velocities are less than 50 feet per minute the CO sensor shall be installed at a distance downwind of the refueling location not to exceed a distance of 350 feet. Any such CO monitoring system shall be maintained in proper operating condition and calibrated accurately to remain effective to alert miners of a fire and allow miners to safely be withdrawn to a safe location. Actions in response to alert, or alarm signals similar to the requirements of Section 75.352 must be used. When a CO sensor malfunctions there is no alternative method for refueling. In addition, ventilation controls meeting the requirements of Section 75.333(d) must be used.
The refueling location near the working section shall be ventilated with an air quantity that shall be sufficient to dilute, render harmless and carry away flammable, combustible, explosive, noxious, and harmful gases, dusts, smoke, and fumes. Near the working section is defined similarly to refuge alternative for a working section as required within 1,000 feet from the nearest working face.
24. The locomotive shall not be put into service until MSHA has inspected it and determines that it is in compliance with all of the above terms and conditions.
Within 30 days after this PDO becomes final, Leer South Mine shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health Enforcement District Manager. The proposed revisions shall specify task training and refresher training for all miners assigned to perform work under the terms and conditions of this PDO. In addition, the training shall include the following elements:
a) Training on the fire hazards that could result from fuel spillage and the additional electrical system for the dispensing pump and the recharging process.
b) Training on proper testing for air quality prior to energizing the refueling pump.
c) Training on the safe procedures, and safe work practices of transporting, storing and dispensing diesel fuel.
In addition, within 30 days after this PDO becomes final, Leer South Mine shall submit proposed revisions for its approved 30 C.F.R. §75.1502 Mine emergency evacuation and firefighting program of instruction to the Mine Safety and Health Enforcement District Manager. The proposed revisions for the Section 75.1502 Mine emergency evacuation and firefighting program of instruction shall include procedures for responding to a mine emergency and safe evacuation of miners in the event of a fire involving the locomotive or the refueling process. The mine emergency response shall include training miners on a safe evacuation strategy.
The procedures of 30 C.F.R. § 48.3 and §75.1502 for approval of proposed revisions to already approved training plans and programs of instruction shall apply.
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– Suite 401, 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.
Timothy R. Watkins,
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, postage prepaid, or provided by other electronic means this 1st day of August, 2022, to:
Larry Gore,
General Manager
Wolf Run Mining LLC
21550 Barbour County Highway
Philippi, WV 26416
lgore@archrsc.com
Harrison Abbot,
Safety Manager
Wolf Run Mining LLC
21550 Barbour County Highway
Philippi, WV 26416
HAbbot@archrsc.com
Rodney Adamson
Mine Safety and Health Enforcement Specialist
cc: Eugene White, Director, Office of Miners' Health Safety & Training, 1615 Washington Street E, Charleston, WV 25311, Eugene.E.White@wv.gov