11/19/2024
In the matter of Petition for Modification
Sierra Minerals, LLC
Colombo Mine
Mine I.D. No. 04-05951 Docket No. M-2022-005-M
PROPOSED DECISION AND ORDER
On January 19, 2022, Sierra Minerals, LLC, Mine I.D. No. 04-05951, filed a petition seeking modification of the application of 30 CFR § 57.11052(d) at its Colombo Mine. The mine is in Sierra County, California in the Sierra Nevada Mountains. The petitioner is requesting a modification of the standard to allow the mine to provide commercially purchased drinking water in sealed bottles in the refuge chamber while maintaining the existing waterline in place for firefighting purposes. The petitioner is additionally requesting that the existing poly tank and waterline not be filled with water during periods of freezing weather.
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.
The Colombo Mine is a historic underground gold mine and is being rehabilitated and developed. The mine is in process of developing a secondary escapeway by rehabbing the raise and the upper levels. The mine is located in a remote area of the Sierra Nevada mountains in Sierra County, California, and the address is 13375 Damonte View Lane, Reno, Nevada 89511.
The Colombo Mine has 1 refuge chamber and current workings are approximately 1,700 feet underground.
The mine works one 8-hour shift, five days a week, and employs a total of 6 miners. The maximum number of miners working underground during a shift is 4.
The miners at the Colombo Mine are not represented by a labor union and there are no miner’s representatives. The petition has been posted on the bulletin board and will remain posted until a final decision is made regarding the petition for modification.
Water is purchased and provided to the refuge chamber via a 30-gallon poly tank which feeds water to the refuge waterline. The poly tank is plumbed into a 110- volt pump and is housed in a protective box constructed with 3-inch wooden walls.
The Colombo Mine is located at 5,400 ft. in the Sierra Nevada Mountains, 3.6 miles above the town of Sierra City, California, therefore, installation of a water system is not practical at this location. Any external water lines and water storage facilities would be subject to freezing during the winter months. In addition, the installation of a water system to this remote location would be prohibitive.
Sierra Minerals, LLC is requesting a modification of the application of the standard to allow the Colombo Mine to provide commercially purchased drinking water in sealed bottles in the refuge chamber while maintaining the existing waterline in place for firefighting purposes. The petitioner is additionally requesting that the existing poly tank and waterline not be filled with water during periods of freezing weather.
The water provided will be sufficient for four (4) miners, over a ten (10) day period. Six (6) cases of commercially bottled water will be maintained in the refuge chamber. Each case consists of 32, 16.9 fluid ounce bottles.
Commercially bottled water has an indefinite shelf life (per the FDA); however, water bottles would be replaced within a time period not to exceed 2 years or as needed due to damage, usage or degradation. The stored water will be visually inspected on a weekly basis along with the inspection of the refuge chamber and dry supplies.
Findings of Fact and Conclusions of Law
MSHA conducted an on-site investigation of the Colombo Mine Petition on April 11, 2022. Yasser Akbarzadeh, MSHA Staff Assistant, met with Shawn Christiance, Colombo Mine Foreman. During the visit, the information provided by the mine operator was verified. The mine operator did not have any additional comments to those provided in the petition of modification context.
The Colombo Mine refuge chamber has a water supply line and is also supplied with bottled water.
The mine works one 8-hour shift, five days a week, and employs a total of 6 miners. The maximum number of miners working underground is four miners per shift. The mine has one refuge chamber, and workings are approximately 1,700 feet underground.
At the time of investigation, purchased water was provided to the refuge chamber via a 30-gallon poly tank which feeds water to the refuge waterline. The poly tank is plumbed into a 110-volt pump and is housed in a protective box constructed with 3-inch wooden walls.
The mine intends to preserve the existing waterline, maintain it in a way that the water can be supplied as needed (dry pipe and fill water tank and pump to the refuge chamber when needed). This same infrastructure can provide a supply of water for firefighting purposes. MSHA agrees that leaving water in the pipe could result in freezing.
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 Sierra Minerals, LLC’s Petition for Modification for relief of the application of 30 C.F.R.§ 57.11052(d) in the Colombo Mine is hereby:
DENIED. MSHA’s review of the petition for modification concluded that since a waterline is currently provided to the refuge chamber, and it will remain in place, the petition is unnecessary. The mine operator does not need a petition for modification from the standard to provide additional bottled water for miners to drink in the refuge area. Furthermore, the mine is now abandoned (since 6/23/2023) and there is no indication of if or when the mine will reopen.
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 19th day of November, 2024 to:
Mr. Shawn Harrison Mr. Jason Cypher
Mine Manager Assistant Mine Manager
Colombo Mine Colombo Mine
Sierra Minerals, LLC Sierra Minerals, LLC
13375 Damonte View Lane 13375 Damonte View Lane
Reno, Nevada 89511 Reno, Nevada 89511
ner.sharrison@gmail.com jcypher.sierraminerals@gmail.com
11/19/2024
Robert S. Roark
Mine Safety and Health Specialist
cc: Mr. James Whittry, Principal Safety Engineer, Cal/OSHA, Mining and Tunneling (M & T) Unit, 1750 Howe Avenue, Suite 470, Sacramento, CA 95825 DOSHReg5Sac@dir.ca.gov