Petition Docket No. M-2022-003-M

April 18, 2024

In the matter of
Nevada Gold Mines LLC
Pete Bajo Mine    PETITION FOR MODIFICATION
Mine I.D. No. 26-02689    Docket No. M-2022-003-M

PROPOSED DECISION AND ORDER

On February 1, 2022, Nevada Gold Mines LLC (NGM), Mine I.D. No. 26-02689, filed a petition seeking modification of the application of 30 CFR § 57.11052(d) at its Pete Bajo 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 C.F.R.) § 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:

1.    The Pete Bajo Mine is an underground portal gold mine that began operating in 
2011 and expects to continue mining for another 10 to 15 years.  The mine is located 20 miles northeast of Carlin, Nevada, in Eureka County, and the mailing address is 1655 Mountain City Highway, Elko, Nevada 89801.

2.    The Pete Bajo Mine currently has 7 refuge chambers located throughout the underground portion of the mine. In these refuge areas, drinkable water is currently supplied via commercially purchased water in sealed pouches.

3.    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 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 C.F.R § 57.11052(d).  Application of the standard could adversely impact the safety of miners using the refuge area if they were to rely on the waterlines that run from the portal to the refuge chambers.  The alternative method of storing sealed, purified water inside each refuge chamber provides certainty that miners will have sanitary drinking water available to them, regardless of the current condition of the water supply or the nature of any emergency that might occur in the future. 

4.    The 7 refuge chambers at the Pete Bajo Mine are portable.  By allowing the use of refuge chambers that are not connected to waterlines, the mine will have greater flexibility in locating the refuge chambers.  This will allow the refuge chambers to be located near where miners are working, and to be relocated more quickly to working areas where needed. 

5.    The mine seeks an alternative method of compliance with 30 C.F.R. § 
57.11052(d) and proposes the following: 

a)    The 7 refuge chambers in use at the Pete Bajo Mine are MineArc refuge chambers and are made of steel.  The refuge chambers 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.  
b)    Drinking water will be supplied via commercially purchased water in sealed individual portion-sized pouches in each refuge chamber.  The water will be supplied by the case and packaged into 4.227-fluid ounce/ 125-milliliter portions with 50 individual portions per case.  
c)    While MSHA's standard at 30 C.F.R. § 57.11052(d) is silent on the amount of water required, MSHA's underground coal standard 30 C.F.R. § 75.1507(d)(l) requires a minimum of 2.25 quarts of potable water per person per day for at least 96 hours (4 days).  At present, the refuge chambers at the Pete Bajo Mine are equipped to shelter and sustain 6 to 16 miners each. 

i.    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.  The condition and quantity of water will be confirmed by inspection, on no less than a monthly basis.  
ii.    Written instructions for conservation of water will be provided with the refuge chamber supplies. 
iii.    All miners affected will receive training in the operation of the refuge chambers and will receive refresher training annually.  
iv.    The refuge chambers will be inspected monthly, and the inspections will be documented by the Mine Manager or his designee. 

NGM 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. 

There are presently no miners’ representatives at the Pete Bajo Mine.  NGM posted a copy of the Petition on the mine’s bulletin board.  It shall remain posted until the Petition becomes final.  After the Petition was filed, Nevada Gold Mines gave a copy of the petition to 12 miners, a mixture of supervisors and hourly personnel.  All read the Petition and indicated by their signature that they had no comments or concerns. 

Findings of Fact and Conclusions of Law 

MSHA investigators conducted an investigation of the Pete Bajo Mine on April 5, 2022.  Yasser Akbarzadeh, MSHA’s Staff Assistant, and Steve Garvin, NGM’s Safety and Health Specialist, reviewed the Petition and inspected the refuge chambers.  In the weeks following the inspection, Mr. Akbarzadeh followed up with members of NGM’s safety and health staff via emails and telephone calls.  On February 1, 2023, District Manager Gary Hebel followed up in a telephone conversation with Mr. Lance Stielman, Safety and Health Manager for NGM’s Carlin Underground Mining Division.  During February and March 2023, Harvey Kirk, a member of MSHA’s Enforcement Safety Division in the agency’s office in Arlington, VA, also followed up via emails and telephone conversations with Mr. Steilman.  During the mine visit and follow-up contacts, information provided by the mine operator was verified and additional pertinent details were gathered. 

The Pete Bajo Mine is an underground portal gold mine utilizing the mechanized cut and fill stope mining method.  The Main Portal’s elevation is 5482 feet above sea level; the Vent Portal’s elevation is 5431 feet above sea lea level. 

Currently, the mine employs a total of approximately 166 employees, all of which are salaried and hourly persons employed by NGM.  There are no contractors at the Pete Bajo mine.  Approximately 111 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. 

During the initial mine visit, the information provided by the mine operator was verified.  Each of the refuge chambers is provided with a waterline, however the water has a light brown color, has an odor; and is not potable.  The mine operator has, in the meantime, provided packaged purified potable water in each refuge chamber.  The water packages are sized as 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.  In February 2023, the mine operator stated the mine planned to provide packaged water sufficient for 96 hours of shelter time. 

The mine intends to preserve the existing waterlines, but not for drinking water provision.  The waterlines may be used for firefighting, although they are not part of the mine’s firefighting plan.  Table 1 (below) shows the refuge chamber models, types, capacities, and elevations. 
 

The total capacity of the refuge chambers is 102 persons, which exceeds the normal maximum workforce underground.  All refuge chambers are portable and equipped with gas monitoring equipment, packaged drinking water, medical grade oxygen bottles, backup compressed air, toilet, radio, phone, air conditioning, blankets, first aid supplies and food rations.  At present, the refuge chambers are stocked with provisions sufficient to sustain the rated maximum number of occupants (6 to 16 miners) for only 36 hours.  However, management intends to increase supplies to a quantity sufficient to provide for 96 hours of shelter time.   

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.  Since then, the DEA company has ceased operating and NGM has had the DEA refuge chambers refitted and equipped to MineARC refuge chamber standards and using MineARC equipment. 

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 and 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 chamber 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 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 Portal and a Vent Portal.  The respective elevations for the two portals are 5482 and 5431 feet above sea level.  The refuge chambers are located between 136 feet and 796 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 72oF and 78°F.  The mine temperature does not drop below 32oF.  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 95oF and 104oF, and low temperature sensors that warn at 50oF and 32oF.  The refuge chambers are equipped with air conditioning units that will maintain the chamber’s internal temperatures at 86oF 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 Pete Bajo 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 in individually consumable portions.  Life sustaining breathable air will be provided using compressed air supply lines, with backup oxygen provided in accordance with the specifications of a refuge chamber manufacturer that produces Part 7approved refuge alternatives, subject to the conditions of this Order:  

TERMS AND CONDITIONS 

Nevada Gold and MSHA agree to modify the standard 30 C.F.R. § 57.11052(d) at Nevada Gold’s Pete Bajo 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 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 individual 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-evidence 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 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 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 detection equipment must be functional for up to 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 ___18th_____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
___________________________
Michele Gussie
Secretary for Mine Safety and Health Enforcement