Petition Docket No. M-2022-002-M

April 11, 2024
In the matter of              PETITION FOR MODIFICATION
Nevada Gold Mines LLC
Exodus Mine    
Mine I.D. No. 26-02661    Docket No. M-2022-002-M

PROPOSED DECISION AND ORDER

On January 27, 2022, Nevada Gold Mines LLC (NGM), Mine I.D. No. 26-02661, filed a petition seeking modification of the application of 30 C.F.R. § 57.11052(d) at its Exodus Mine in Eureka County, Nevada. The petitioner alleges that the alternative method in the petition will at all times guarantee no less than the same measure of protection afforded to the miners by the standard.
The petitioned standard, 30 Code of Federal Regulations (30 CFR) § 57.11052(d) –states, in relevant part,
Refuge areas shall be –
(d)  provided with compressed air lines, waterlines, suitable handtools, and stopping materials.

Petitioner is requesting a modification of the standard to permit the use of sealed, purified drinking water in lieu of providing potable water through waterlines.  The petitioner states that:

The Petition for Modification (PFM), respectfully submitted by Nevada Gold Mines LLC (NGM) through Counsels Karen L Johnston and Laura E. Beverage, relates the following information:

The Exodus Mine is an underground portal gold mine that began operating in 2010 and expects to continue mining for another 5 to 10 years. The mine is located 21 miles northeast of Carlin, Nevada, in Eureka County and the mailing address is 1655 Mountain City Highway, Elko, Nevada 89801. The Exodus Mine currently has 11 refuge areas (referred to primarily in the petition and by mine staff as refuge chambers). All are portable and located throughout the underground portion of the mine. In these refuge chambers, potable water is currently supplied via commercially available packaged water, sealed and sized in individually consumable portions.
At the present time, each refuge chamber is provided with a waterline. However, due to the configuration and condition of the waterlines and the quality of the water source, the water flowing through these lines is reportedly not potable. Installing waterlines that provide potable drinking water to each refuge chamber is not feasible due to the lack of essential infrastructure. Further, the waterlines may be susceptible to damage during certain mine emergencies, thus the water supply could be cut off completely.  Given the suspect source of the water and the potential for waterline damage, there is no guarantee that potable drinking water can be provided via the waterlines, as required by 30 CFR § 57.11052(d). 

By allowing the use of refuge chambers that are not connected to waterlines, the mine will have greater flexibility in locating the portable underground refuge chambers.  This will allow those refuge chambers to be located near where miners are working and be relocated more quickly to working areas where and when needed. 

The mine seeks an alternative method of compliance with 30 CFR § 57.11052(d) per the following statements and proposals: 

1.    The 11 refuge chambers in use at the Exodus Mine are MineArc refuge chambers, made of steel and are sized and equipped for a capacity of from 6 to 16 miners.  This total capacity exceeds the normal maximum work crew of approximately 32 miners underground on any given day during any shift. 

2.    Potable water will be supplied via commercially available water in sealed individual portion-sized pouches in each refuge chamber.   The water will be supplied by the case, packaged in 4.227-fluid ounce/ 125-milliliter portions with 50 individual portions per case. 

3.    At a minimum, the refuge chambers at the Exodus Mine will be supplied with 2.25 quarts of water per day per person for 4 days. 

4.    At present, the refuge chambers at the Exodus Mine are equipped for a maximum of 16 miners each, for a maximum of 36 hours. 

5.    The water will have a maximum shelf life of five years.  The operator will replace the existing water supply with fresh water before the expiration date of the water.    

6.    The condition and quantity of water will be confirmed by inspection, on no less than a monthly basis. 

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

8.    All miners affected will receive training in the operation of the refuge chambers and will receive refresher training annually. 

9.    The refuge chambers will be inspected monthly, and the inspections will be documented by the Mine Manager or his designee. 

Nevada Gold requests this Petition for Modification apply to the existing refuge chambers and to future refuge chambers and locations. NGM asserts that the proposed alternative method will guarantee at all times no less than the same measure of protection as that afforded by the existing standard. The information provided is proposed by the petitioner and does not necessarily reflect what will be granted by MSHA. 

Findings of Fact and Conclusions of Law 

MSHA investigators conducted an investigation of the Exodus Mine Petition on April 5, 2022.  NGM’s Safety and Health Specialist Steve Garvin reviewed the Petition and accompanied MSHA during the investigation and inspection of the refuge chambers.  MSHA investigators followed up via emails and telephone calls with members of NGM’s safety and health staff, including Mr. Lance Steilman, Safety and Health Manager for NGM’s Carlin Underground Mining Division.  During the mine visit and in follow-up contacts, information provided by the mine operator was verified and additional pertinent details were gathered.  MSHA’s Directorate of Technical Support Applied Engineering Division (AED) provided technical assistance during this petition investigation.  MSHA reviewed the mine’s inspection history and the operator’s reports of accidents. 

The Exodus Mine is an underground portal gold mine, utilizing the mechanized cut and fill stope mining method.  The elevation of the Haulage Portal, the Vent Access and the North Decline portals are 5418, 5438 feet, and 5498 feet above sea lea level, respectively. 

Currently, the mine employs a total of approximately 123 employees, all of which are salaried and hourly persons employed by NGM.  There are no contractors at the Exodus mine.  

Approximately 96 persons work underground.  The mine works two, 
12-hour shifts, 7 days a week.  Shift changes occur on the surface; the maximum number of miners underground at any one time is approximately 32 persons.  There are fewer persons working nightshifts and Friday through Sunday because some of the salaried and support staff are scheduled off. Table 1 (below) shows the refuge chamber models, types, capacities and elevations. 
 

The total capacity of the refuge chambers is 146 persons, which exceeds the normal maximum workforce underground.  All refuge chambers are portable, or sometimes referred to as moveable or temporary.  Not all the underground refuge chambers are always in service.  At present, two refuge chambers are out of service. 

MSHA’s district staff reported that the refuge chambers are relocated and positioned as necessary to afford all miners with refuge, that refuges are located such that occupancy during an emergency will not be exceeded, and that travel time from every working place does not exceed 30 minutes. 

The Petition for Modification stated that the refuge chambers are MineARC.  This is not exactly accurate.  The refuge chambers were manufactured by DEA and provided to the mine in approximately 2006.  DEA did not manufacture 30 CFR Part 7-approved portable refuge chambers, nor did it ever apply for Part 7 approval.  NGM has purchased MineARC components and retrofitted the DEA refuge chambers to MineARC refuge chamber standards using MineARC equipment. 

The refuge chambers are equipped with gas monitoring instrumentation to monitor atmospheric conditions, packaged potable water, compressed air supplied via airlines, medical grade oxygen in cylinders, oxygen candles (in chambers sized for 12 persons or greater), toilet, radio, phone, air conditioning, blankets, first aid supplies and food rations. 

The refuge chambers are also equipped with an electrically powered scrubbing system and prepackaged MARCISORB chemical absorber cartridges to remove the buildup of harmful carbon dioxide (CO2) and carbon monoxide (CO) from the air inside the refuge chamber.  The chambers’ gas monitoring instrumentation alarms if the quality of air supplied by the mine’s airlines becomes contaminated or otherwise deficient.  The alarm will prompt those sheltering inside to initiate operation of the backup oxygen system.  The backup oxygen system is rated for 36 hours of operation. 

All refuge chambers are currently provided with water via a waterline, however the water within the waterlines has a light brown color, an offensive odor and is reported to be non-potable.  Due to the condition of the water within the waterline, the mine operator currently supplies all refuge areas with commercially available potable water, packaged in 4.227-fluid ounce/ 125-milliliter portions, with 50 individually sized portions per case.  In accordance with 30 CFR § 57.20002 – Potable water, the petitioner intends to continue providing the water in small individual portions so that additional or extra drinking cups are not required.  In accordance with the same standard, the mine will also provide a receptacle for empty water packages.   

The mine has agreed to provide potable water in sufficient quantity to supply the rated maximum number of refuge chamber occupants (12 to 16 persons in each refuge chamber) for 96 hours.  Potable water is water which meets the quality standards prescribed in the U.S. Public Health Service Drinking Water Standards, published in    42 CFR Part 721, or water which is approved for drinking purposes by the State or local authority having jurisdiction. 

By ending its reliance on water supplied by a waterline and changing to a packaged water supply, the mine will be transitioning from an unlimited supply of water to a limited supply of water.  Therefore, it is critical that the amount of water provided is sufficient for the safety and health of miners who would be trapped in the underground mine during an emergency.  Further, it is important that the mine operator verify that the water stored in the refuge chambers is in place and ready for use when miners are working near the refuge area and expecting to use it in case of an emergency.  It is also important to ensure that miners are properly instructed and trained on the importance of rationing water and using the water conservatively to effectively sustain miners’ lives. 

The mine intends to leave the existing waterlines intact, not for drinking water purposes, but for emergency or firefighting purposes.  To protect miners from drinking unhealthy water it is important to conspicuously mark the existing waterlines as “non-potable”. 

MSHA conducted a risk analysis to determine the adequate amount of water.  MSHA’s experience with refuge chambers in underground mines includes discovery of previously unknown, unreported, or unrepaired damage to waterlines and air lines.  MSHA is also aware that persons sometimes enter refuge chambers during non-emergency periods and consume supplies of water, food, etc., and therefore compromise the effectiveness of refuge areas.  MSHA reviewed the mine’s refuge chamber monitoring equipment and the procedures used to verify chamber readiness.  NGM’s mines have a variety of ways that chamber readiness can be monitored. 

Some refuge chambers have a video camera that automatically turns on when the chamber’s door is opened and displays the chamber’s interior on a monitor in a remotely located control room.  Persons in the control room have real-time visual indication of activity and can take the appropriate action. 

Some refuge chambers have an exterior light system that alerts when the refuge chamber door has been opened, as for occupancy and pressurization.  The light, which is normally green and steady, indicates that the chamber is ready for use.  The light changes to flashing red or blue when the door is opened and remains illuminated in this manner until the chamber’s use is completed.  This system provides dual functionality: to alert that the door has been opened, and that persons may be inside with the chamber pressurized.  Persons outside know that if the door is opened without depressurizing, they may be injured by a sudden and perhaps violent swinging of the door.  After the refuge chamber has been determined to be empty, has been inspected and recertified, the light changes back to green.  Many MineARC refuge chambers are equipped with communication lines that can send a signal to a control room, but not all are active. 

Refuge chambers located in areas where miners are working are available for a daily, visual observation of the exterior by the miners who are working in the area, and who would be relying on the refuge chamber in the event of an emergency.  They can also be inspected by miners who are passing nearby on their way to another work location.  Observing the chamber nearby or seeing from a distance that the refuge chamber’s light is green would assure miners that the chamber is ready should it be needed.  Refuge chambers located in remote areas where no miners are currently scheduled to work and are not expected to be needed for use, need be visually observed less frequently, such as several times each week. 

It is important to examine the exterior of each refuge chamber on a regular basis to verify the condition of the waterline, compressed air lines and their connections, back (roof) and rib conditions, and for the presence of the refuge chambers’ tamper-evident seals.  If a tamper-evident seal is found to have been removed or broken, an examination of the interior of the chamber should be promptly conducted to assure the required amount of potable water and other supplies are present.  After the entire examination is completed, a new tamper-evident seal should be installed.  These exterior inspections should be performed daily and included in the secondary escapeway examinations that are conducted at least weekly.  Daily exterior observations are believed to provide an adequate level of protection for miners working underground. 

The petitioner stated potential hazards to waterlines include damage, interruption, and survivability of the mine’s water lines should an underground event occur.  The petitioner reports on page 2, section 6: 

“As well, these waterlines are susceptible to damage during an emergency or even under normal working conditions such that the water supply could be cut off completely.  Given the source of the water and this potential for damage, there can be no guarantee of potable drinking water via the waterline required by § 57.11052(d) for miners using the refuge areas in the event of an emergency.” 

The petitioner also states, on page 3, section 6: 

“Application of the standard could adversely impact the safety of the affected miners if they were to rely on waterlines running from the portal to the refuge chambers, which lines are subject to interruption and are inherently less safe than sanitary sealed water pouches located safely inside the refuge chamber.  The alternative method of sealed water stored inside each refuge chamber provides 100 percent certainty that the affected miners will have sanitary drinking water available to them regardless of the nature of the emergency.” 

The petitioner’s statements related to the mine’s waterlines prompted MSHA to also investigate the potential susceptibility of the air lines.  The air lines now in use are a combination of steel and plastic.  In general, 6-inch inside diameter (ID) steel pipe manifolds are provided, and are reduced downstream to 2-inch ID.  To reduce weight and allow for easier handling, 1-inch ID, high density polyethylene (HDPE) solid-wall pipes are run to the refuge chambers from the smaller diameter steel air lines.  The water and air supply lines are typically installed in close proximity to each other near the tunnel back (roof) or at the springline (where the curved portion of the tunnel roof meets the top of the wall.  The springline is typically approximately 14-15 feet above the floor, and the back is typically approximately 17 feet above the floor.)  When a refuge is relocated, the mine installs additional HDPE air pipe to the new location, with the last portion of the line being a short flexible hose. 

It is critical to the survivability of miners sheltering in refuge chambers that a reliable, breathable air atmosphere be provided and maintained.  DEA refuge chambers retrofitted to MineARC standards are equipped with the company’s Guardian System that monitors toxicity in the compressed air line and turns on a scrubber every 12 hours.  If there is a system fault, a strobe light flashes a visual indication outside the chamber so the problem can be noticed, troubleshot and repaired.  This system can send a fault signal to a remotely located control room if it is connected. 

Since January 1, 2015, the Exodus Mine has reported on MSHA’s Accident Reporting Form 7000-1, zero fall-of-ground incidents, and zero underground fires.  However, some of NGM’s other mines reported fall-of-ground incidents and fires, such as the Leeville Mine, which reported four falls of grounds, two of which resulted in damage to the water and air lines.  The Leeville Mine also reported six underground fires.  One, an air compressor fire, damaged an HDPE air line, resulting in contaminated air being supplied to a refuge chamber. 

The quality of compressed air was also investigated.  Compressed air is produced by oil-lubricated compressors that have their air intake on the surface.  An in-line filter on the air line captures oil particulate prior to air being released inside the chamber.  The refuge chambers are equipped with a MineARC CAMS (Compressed Air Management System), which consists of 4 filters: a water separator, a pre-filter, a coalescing filter, and an absorption filter.  The system is equipped with an auto-drain feature and includes an air toxicity monitor that measures CO, CO2, and O2.  The compressed air system is inspected weekly, monthly, and every 120 days.  During the 120-day inspection, the pre-filter, coalescing filter, and absorption filter are replaced, the water separator is examined and cleaned or replaced if needed.  All brass check valves are replaced during the 120-day inspection.  Filter system inspections and scheduled maintenance are performed per MineARC’s instruction, which is compliant with ISO 12500-1 (Filters for compressed air – Test methods – Part 1: Oil aerosols) and is designed to meet AS/NZS 1716:2003 (the Australian/New Zealand Standard for Respiratory protection devices.  
 
The refuge chambers are all equipped with CO2 and CO scrubbers.  The mine will continue to maintain the compressed air lines to the refuge chambers and the backup air systems.  Every refuge is equipped with a gas detection unit capable of monitoring the air provided and the atmosphere inside and outside the refuge area. 

MSHA gathered information related to ambient temperatures in the mine to evaluate whether more than the proposed supply of 2.25 quarts of water per person per day would be required to sustain life.  The mine reported that mine temperatures vary throughout the year depending on the surface temperature. The mine’s ventilation fans are equipped with burners that heat the air to prevent temperatures from dropping below freezing.  The refuge chambers are equipped with high and high-high temperature sensors that warn at 95˚F and 104˚F, and low and low-low temperature sensors that warn at 50˚F and 32˚F.  The refuge chambers are equipped with air conditioning units that will maintain the chamber’s internal temperatures at 86˚F for 36 hours when at full capacity and running on battery power. 

The petitioned standard, 30 CFR § 57.11052(d), is a subsection of 30 CFR § 57.11052 – Refuge areas.  The investigation reviewed the details of compliance with all subsections.  The petitioner intends to meet the minimum requirements of 30 CFR § 57.11052.  Because the mine must remain compliant with the entire standard, the investigation reviewed the details of compliance with all subsections.  The mine is compliant with, or will be compliant with all subsections, as follows: 

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

According to the manufacturer’s published descriptions and specifications, the MineARC and DEA portable refuge chambers are fire resistant.  The exterior housings of the DEA refuge chambers are constructed of steel. 

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

The investigation reports that the portable refuge chambers are positioned where necessary to accommodate all miners working in active areas of the mine. 

c)    “Constructed so they can be made gastight;” 

MSHA’s investigation determined that the DEA chambers are of two different configurations.  The 6-person chambers are round, 72 inches in diameter and have a lockable entry door.  The 16-person chambers are generally rectangular with a slightly peaked roof and have an airlock at the entry door.  Both styles have doors that can be barred shut from the inside. 

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

The waterlines are specifically being petitioned.  The petitioner raised concerns about the survivability of the waterlines, which could also impact the compressed air lines.  
Therefore, the waterlines, compressed air lines (and the associated provision of breathable air) were included in MSHA’s petition investigation. 

The petitioner has standardized the equipment, use and training for all refuge areas, therefore all suitable tools are provided in a consistent manner for all refuge areas.  The petitioner intends to maintain a fire extinguisher suitable to fight a fire within or near all refuge areas.   

The alternate methods proposed in NGM’s Petition for Modification, and MSHA’s investigation, review and recommendations were used to develop the Proposed Decision and Order.  They provide the factual basis for the Terms and Conditions. 

There are presently four miners’ representatives at the Exodus Mine.  NGM provided each miners’ representative with a copy of the Petition.  In addition, NGM posted a copy of the Petition on the mine’s bulletin board.  It shall remain posted until the Petition becomes final.  Also, after the Petition was filed, Nevada Gold Mines gave a copy of the petition to 12 more miners.  All read the Petition and indicated by their signature that they had no comments or concerns. 

The granting of this petition would affect all underground miners at this mine. 

According to information published by MineARC refuge chamber manufacturer Mine Safe, standard MineARC refuge chamber equipment includes an electrical scrubbing system and prepackaged MARCISORB chemical absorber cartridges to remove the buildup of harmful carbon dioxide (CO2) and carbon monoxide (CO) from the air inside the refuge chamber.  The mine states that it plans to stock enough pre-packaged MARCISORB chemical absorber cartridges to remove the buildup of harmful carbon dioxide (CO2) and carbon monoxide (CO) from the air inside the refuge chamber for 96 hours.  Every refuge is equipped with a gas detection unit. 

Concern about the condition and survivability of the mine’s water lines should an underground event occur prompted MSHA to verify that the compressed air lines are in good condition, not susceptible to damage during mine emergencies, nor in danger of the air supply being cut off completely.  The airlines now in use are hard-piped, one-inch inside diameter.  If a refuge is relocated, the mine installs additional hard air pipe to the new location, with the last portion of the line being a short flexible hose. 

The quality of compressed air was also investigated.  Compressed air is produced by oil-lubricated compressors that have their air intake on the surface.  An in-line filter on the air line captures oil particulate prior to air being released inside the chamber.  The refuge chambers are equipped with a MineARC CAMS (Compressed Air Management System), which consists of 4 filters: a water separator, a pre-filter, a coalescing filter, and an absorption filter.  All filters are equipped with an auto-drain feature.   The system also includes an air toxicity monitor.  The compressed air system is inspected weekly, monthly, and every 120 days.  During the 120-day inspection, the pre-filter, coalescing filter, and absorption filter are replaced, the water separator is examined and is replaced if needed.  All brass check valves are replaced during the 120-day inspection.  The filter system inspection and maintenance schedule is performed per MineARC’s instructions, which is compliant with ISO 12500-1 (Filters for compressed air – Test methods – Part 1: Oil aerosols) and is designed to meet AS/NZS 1716:2003 (the Australian/New Zealand Standard for Respiratory protection devices.   

MSHA investigated ambient temperatures in the mine to determine if the mine’s depth might cause temperatures in the refuge chambers to be overly warm, and if so, require more than the proposed supply of 2.25 quarts of water per person per day.  The mine has a Main (Haulage) Portal, the Vent Portal and the North Decline.  The respective elevations for the three portals are 5418, 5438 and 5498 feet above sea level.  The refuge chambers are located between 170 feet and 1521 feet below the average portal elevation level.  The mine stated that mine temperatures vary throughout the year depending on the surface temperature.  The mine provided a July 2022 ambient temperature survey showing that temperatures in the refuge chamber areas varied between 72˚F and 78˚F.  The mine temperature does not drop below 32˚F.  The mine’s ventilation fans are equipped with burners that heat the air to prevent temperatures from dropping below freezing.  The refuge chambers are equipped with high temperature sensors that warn at 95˚F and 104˚F, and low temperature sensors that warn at 50˚F and 32˚F.  The refuge chambers are equipped with air conditioning units that will maintain the chamber’s internal temperatures at 86˚F for 36 hours when at full capacity and running on battery power. 

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 Nevada Gold Mines LLC’s Petition for Modification for relief of the application of  
30 C.F.R. § 57.11052(d) in the Exodus Mine is hereby: 

GRANTED, for the operator to provide life sustaining potable water and life sustaining breathable air to all refuge areas including each existing refuge chamber, and all future newly constructed or repositioned refuge chambers. Potable water will be provided via commercially available packaged water, sealed and sized in individually consumable portions. Life sustaining breathable air will be provided using air via compressed air supply lines, with backup oxygen provided in accordance with the specifications of a refuge chamber manufacturer that provides Part 7-approved refuge alternatives, subject to the conditions of this Order: 

TERMS AND CONDITIONS 

Nevada Gold Mines and MSHA agree to modify the standard 30 C.F.R. § 57.11052(d) at Nevada Gold’s Exodus Mine in Eureka County, Nevada as follows: 

1.    This Order shall apply to the existing refuge chambers, to relocated refuge chambers and to future refuge chambers.  

2.    Refuge chambers shall accommodate the maximum number of persons that can be expected to be working in each area of the mine at any time. 

3.    Each refuge chamber shall be supplied with water sufficient for the number of miners for which the refuge is designed, for up to 4 days.  

4.    Potable Water Supply: 
a.    Drinking water shall be provided via commercially purchased purified water in individually portioned packaged pouches. 
b.    Sufficient water shall be provided in each refuge area to provide 2.25 quarts of water for each person per day, for at least 4 days. 
c.    Water shall be stored in a manner that makes the expiration dates readily visible for inspection. 
d.    Water shall be exchanged with a fresh supply prior to the water manufacturer’s specified expiration dates, or at intervals not to exceed five years, whichever occurs first. If the expiration dates are not legible, or if they become illegible, the water shall be replaced by the end of the next working shift. 
e.    The condition and quantity of stored water shall be confirmed by inspection on at least a monthly basis, and the inspections shall be documented. 
f.    A weekly examination of the exterior of the refuge chamber shall be conducted to verify the condition of the compressed air line and its connection, roof and rib conditions, and for the presence of the tamper-evident seals.  If the refuge area is in an active work area, the exterior of the refuge chamber shall be inspected in the same manner as part of the regular workplace examination. If the tamper-evident seals are found to have been removed or broken, an examination of the interior of the chamber shall be conducted to assure the required amount of potable water is present.  After the examination, a new tamper-evident seal shall be replaced. After the examination, a tamper-evident seal shall be replaced.  
g.    Written instructions for conservation of water shall be provided in the refuge chamber. 

5.    The mine shall leave existing waterlines in close proximity to refuge areas intact. The waterlines will be conspicuously labeled as “non-potable” and shall be maintained legible to miners. 

6.    Refuge chamber environmental protection systems shall be maintained in functional operating condition and inspected and maintained per the manufacturer’s specifications and instructions. These systems include but are not limited to; electrically powered scrubbing system MARCISORB chemical absorber cartridges, air conditioning units to maintain temperatures at 86˚F when at full capacity and running on battery power. 

7.    Refuge chambers shall contain gas detection equipment capable of monitoring concentrations of oxygen, carbon dioxide, carbon monoxide, and other harmful gases specific to the mine.  The gas detection equipment must be functional for at least 96 hours. 

8.    Training on refuge chambers and their environmental systems and instructions for use shall be provided for affected personnel at least semi-annually.  Training shall include:  
a.    The hazards associated with insufficient and excessive concentrations of oxygen, carbon dioxide, carbon monoxide and other harmful gases specific to the mine, b. The use of gas detector(s) to monitor concentrations of oxygen and potentially harmful concentrations of gases, and
c.    The operation and chemical recharging of the refuge chamber’s interior atmosphere scrubbing and other environmental systems.

9.    Applicable revisions or appropriate changes to the mine’s 30 C.F.R. Part 48 training plan regarding the conditions in this Order shall be submitted to the MSHA District Manager for revision and approval prior to implementation of the training plan by the Petitioner. Nevada Gold Mines LLC shall include the above terms and conditions in the initial and annual refresher training to ensure that miners are aware of the stipulations contained in this Order.

10.    The mine shall comply with all other requirements of 30 C.F.R. § 57.11052 – Refuge areas.
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 plans.
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 bulletin board at the mine.
____________________________________________
Brian Goepfert, 
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 paid, or provided by other electronic means this __11th__ day of      April___, 2024, to:

Laura E. Beverage 
Karen L. Johnston 
Jackson Kelly PLLC 
1099 18th Street, Suite 2150
Denver, CO 80202
lbeverage@jacksonkelly.com  
kjohnston@jacksonkelly.com  

Chris Torres, Safety & Health UG Mgr. 
Nevada Gold Mines LLC 
1655 Mountain City Hwy 
Elko, NV 89801 chris.torres@nevadagoldmines.com 

Steven Garvin, Sr. Miners Rep. steven.garvin@nevadagoldmines.com 
_________ 
Michele Gussie  
Secretary for Mine Safety and Health Enforcement