2/7/2024
In the matter of: Petition for Modification
Harrison County Coal Resources, Inc. Harrison County Mine
I.D. No. 46-01318 Docket No. M-2022-013-C
PROPOSED DECISION AND ORDER
Harrison County Coal Resources, Inc. filed a petition seeking modification of the application of 30 C.F.R. § 75.1700 to its Harrison County Mine located near Wallace, Wetzel County, West Virginia. The referenced petition for modification is dated July 14, 2022, and MSHA subsequently acknowledged receipt in a letter dated July 22, 2022.
The Petitioner filed the petition to permit an alternative method of compliance with the standard with respect to surface directional drilled (SDD) wells1 into the underground coal seams. The Petitioner alleges that the proposed alternative method will, at all times, guarantee no less than the same measure of protection afforded miners under 30 C.F.R. § 75.1700 as that provided by the standard, which states: § 75.1700 Oil and gas wells.
Each operator of a coal mine shall take reasonable measures to locate oil and gas wells penetrating coalbeds or any underground area of a coal mine. When located, such operator shall establish and maintain barriers around such oil and gas wells in accordance with State laws and regulations, except that such barriers shall not be less than 300 feet in diameter, unless the Secretary or his authorized representative permits a lesser barrier consistent with the applicable State laws and regulations where such lesser barrier will be adequate to protect against hazards from such wells to the miners in such mine, or unless the Secretary or his authorized representative requires a greater barrier where the depth of the mine, other geologic conditions, or other factors warrant such a greater barrier.
1 The extraction of methane from coal seams and surrounding strata is a rapidly growing component of the domestic natural gas supply. Recent innovations in drilling techniques have resulted in development of several types of wells and production methods to extract coalbed methane (CBM) resources. The wells are drilled from the surface using directional drilling technology to develop horizontal branches within the coal seam being mined. Drill holes may be deviated in both the horizontal and vertical planes using these techniques. Multiple horizontal branches may be developed from a single well and multiple seams may be developed from a single well. The drilling industry has trademarked several different proprietary names for these drilling processes. For purposes of this Order, these proprietary drilling processes will be referred to as generic "surface directional drilled" (SDD) wells.
The petition addresses specific Surface Directional Drilled (SDD) well plugging procedures, water infusion and ventilation methods, and procedures for mining through an SDD well and/or its branches.
Between September 22, 2022, and September 29, 2022, 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 a careful review of the entire record, including the petition and MSHA's investigative report this Proposed Decision and Order is issued.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Harrison County Mine is located at 464 North Portal Road, Wallace, Wetzel County, West Virginia. The Harrison County Mine extracts coal from the Pittsburgh #8 coal seam operating 3 continuous miner sections and 1 longwall section. The average mining height is 7.5 feet. There are 2 shafts and 1 slope opening for the underground mine. The mine employs approximately 400 coal miners and operates 3 shifts per day. The Harrison County Mine reported 12-month coal production of 6,276,672 tons. The mine liberates approximately 2,151,432 cubic feet of methane in a 24-hour period.
The miners are represented by a labor union with miners’ representatives. Questions and comments were solicited from miners. All questions received were relative to clarification of statements in the petition for modification and no concerns were identified that warrants special terms and conditions.
A copy of the petition for modification has been provided to the miners’ representatives at the time of filing and was posted on the bulletin board at the mine site during the investigation.
In order to efficiently develop and mine the reserve, the Harrison County Mine plans to mine through coal bed methane (CBM) wells in lieu of the 300-foot barrier required in 30 C.F.R. § 75.1700, by cleaning out, preparing, plugging, and/or re-plugging each well. The Petitioner provided an up-to-date map at the meeting which showed that the Coal Bed Methane (CBM) Well (RR33) is the only well within the current and projected mine workings and this well was never put into production. The maximum lateral hole diameter is 4 ¾ inches and the maximum lateral branch is approximately 3200-3300 feet. The RR33 CBM Well is projected to be intersected with the 7W Headgate section in June 2024 and with the 7W longwall in May 2025. It is projected to be intersected with the 8W longwall in April 2026.
This PDO addresses these concerns as they affect the Harrison County Mine. There are several differences between the Petitioner’s proposal and the amended terms and conditions set forth by MSHA. The essential changes include:
1. Requirement that the Harrison County Mine ventilation plan and ventilation map provides SDD well information, and the plan provides specific information regarding SDD well plugging or replugging procedures.
2. The Petitioner proposes to continue to use gels such as polymer gel and bentonite gel with a complete program. However, there were issues with the use of gel previously when the gel contacted the water and salts in the well during the plugging process. The gel in this case never set up and then the well was mined through, and methane gas pressures pushed the polymer gel out into the development section and gassed off the section. The investigation determined that cement is the most effective method.
MSHA determined that the Petitioner has provided all the contents required by the provision. All supporting documentation including a detailed statement of the facts the Petitioner would show to establish the grounds upon which it is claimed a modification is warranted.
Therefore, the terms and conditions as amended by MSHA will, at all times, guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.1700 for the identified well (RR33), as well as SDD wells and branches. On the basis of the petition, comments received, and the findings of MSHA's investigation, Harrison County Coal Resources, Inc. is granted a modification of the application of 30 C.F.R. § 75.1700 to its Harrison County Mine.
ORDER
Under the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and under § 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c), and 30 C.F.R. Part 44, a modification of the application of 30 C.F.R. § 75.1700 at Harrison County Coal Resources, Inc.’s Harrison County Mine is hereby:
GRANTED, subject to the following terms and conditions:
1. DISTRICT MANAGER APPROVAL REQUIRED
a. The type of oil or gas well that will be considered under this Petition includes coal bed methane wells which are not producing gas or oil, subject to the provisions below. Unconventional wells in the Marcellus, Utica, and all other unconventional shale oil and gas wells are not subject to this modification.
Nothing in these provisions is meant to lessen, diminish, or substitute any provision found in applicable state laws or regulations.
b. A safety barrier of 300 feet in diameter (150 feet between any mined area and a well) shall be maintained around all coalbed methane wells until approval to proceed with mining has been obtained from the District Manager. This barrier extends around all vertical and horizontal branches drilled in the coal seam. This barrier also extends around all vertical and horizontal branches within overlying coal seams subject to caving or subsidence from the coal seam being mined when methane leakage through the subsidence zone is possible. Wells that were drilled into potential oil or gas producing formations that did not produce commercial quantities of either gas or oil (exploratory wells, wildcat wells or dry holes) are classified as oil or gas wells by MSHA.
c. Prior to mining within the safety barrier around any well that the mine plans to intersect, the mine operator shall provide to the District Manager a sworn affidavit or declaration executed by a company official stating that all mandatory procedures for cleaning out, preparing, and plugging each gas or oil well have been completed as described by the terms and conditions of this order. The District Manager may choose to approve each branch intersection, each well, or a group of wells as applicable to the conditions.
The District Manager will review the affidavit or declaration, the logs and any other records that have been requested, and may inspect the well itself, and will then determine if the operator has complied with the procedures for cleaning out, preparing, and plugging each well as described by the terms and conditions of this Order. If the District Manager determines that the procedures have been complied with, the District Manager will provide approval, and the mine operator may then mine within the safety barrier of the well, subject to the terms of this Order.
If well intersection is not planned, the mine operator may request a permit to reduce the 300-foot diameter of the safety barrier that does not include intersection of the well. The District Manager may require documents and information that help verify the accuracy of the location of the well in respect to the mine maps and mining projections. This information may include survey closure data, down-hole well deviation logs, historical well intersection location data and any additional data required by the District Manager. If the District Manager determines that the proposed barrier reduction is reasonable, the District Manager will provide approval, and the mine operator may then mine within the safety barrier of the well.
d. In the event an uncharted well is inadvertently mined into, mining shall cease immediately on the section, electrical power shall be deenergized in the affected area, and MSHA shall be notified immediately via the emergency phone number posted on MSHA’s website for reporting of this hazardous condition. In addition to its potential for liberating methane, the well may also be an open connection from the mine to the surface that presents a hazard to the mine and the environment. The District will respond with a timely investigation, issue a K Order if needed, and allow resumption of mining once a suitable action plan is in place.
e. The terms and conditions of this Order apply to all types of underground coal mining.
2. MANDATORY PROCEDURES FOR PREPARING, PLUGGING, AND REPLUGGING SDD WELLS
a. MANDATORY COMPUTATIONS AND ADMINISTRATIVE PROCEDURES PRIOR TO PLUGGING OR REPLUGGING
1. Probable Error of Location – Directional drilling systems rely on sophisticated angular measurement systems and computer models to calculate the estimated location of the well bore. This estimated hole location is subject to cumulative measurement errors so that the distance between actual and estimated location of the well bore increases with the depth of the hole. Modern directional drilling systems are typically accurate within one or two degrees depending on the specific equipment and techniques.
The probable error of location is defined by a cone described by the average accuracy of angular measurement around the length of the hole. For example: a hole that is drilled 500 vertical feet and deviated into a coal seam at a depth of 700 feet would have a probable error of location at a point that is 4,000 feet from the hole collar (about 2,986 ft. horizontally from the well collar) of 69.8 ft. (4,000 ft. x sine (1.0 degree)) if the average accuracy of angular measurement was one degree and 139.6 ft. if the average accuracy of angular measurement was two degrees. In addition to the probable error of location, the true hole location is also affected by underground survey errors, surface survey errors, and random survey errors.
2. Minimum Working Barrier Around Well – For purposes of this Order, the minimum working barrier around any coalbed methane well or branches of a coalbed methane well in the coal seam is 50 feet plus the probable error of
location. For example: for a hole that is drilled 500 vertical feet and deviated into a coal seam at a depth of 700 feet using drilling equipment that has an average accuracy of angular measurement of one degree, the probable error of location at a point that is 4,000 feet from the hole collar is 69.8 ft. Therefore, the minimum working barrier around this point of the well bore is 120 ft. (69.8 ft. plus 50 ft., rounded up to the nearest foot). The 50 additional feet is a reasonable separation between the probable location of the well and mining operations. When mining is within the minimum working barrier distance from a coalbed methane well or branch, the mine operator must comply with the provisions of this Order. Coalbed methane wells must be prepared in advance for safe intersection and specific procedures must be followed on the mining section in order to protect the miners when mining within this minimum working barrier around the well.
The District Manager may require a greater minimum working barrier around coalbed methane wells where geologic conditions, historical location errors, or other factors warrant a greater barrier.
3. Ventilation Plan Requirements – The ventilation plan shall contain a description of all SDD coalbed methane wells drilled in the area to be mined. This description should include the well numbers, the date drilled, the diameter, the casing information, the coal seams developed, maximum depth of the wells, abandonment pressures, and any other information required by the District Manager. All or part of this information may be listed on the 30 C F.R. § 75.372 map.
The ventilation plan shall include the techniques that the mine operator plans to use to prepare the SDD wells for safe intersection, the specifications, and steps necessary to implement these techniques, and the required operational precautions that are required when mining within the minimum working barrier. In addition, the ventilation plan will contain any additional information or provisions related to the SDD wells required by the District Manager.
4. Ventilation Map – The ventilation map specified in 30 C.F.R. § 75.372 shall contain the following information:
i. The surface location of all coalbed methane wells in the active mining area and any projected mining area as specified in 30 C.F.R.§ 75.372(b)(14);
ii. Identifying information of coalbed methane wells (i.e., API hole number or equivalent);
iii. The date that gas production began from the well;
iv. The coal seam intersection of all coalbed methane wells;
v. The horizontal extents in the coal seam of all coalbed methane wells and branches;
vi. The outline of the probable error of location of all coalbed methane wells; and
vii. The date of mine intersection and the distance between estimated and actual locations for all intersections of the coalbed methane well and branches.
b. MANDATORY PROCEDURES FOR PLUGGING OR REPLUGGING SDD WELLS
The mine operator shall include one or more of the following methods to prepare SDD wells for safe intersection in the mine ventilation plan. The methods approved in the ventilation plan must be completed on each SDD well before mining encroaches on the minimum working barrier around the well or branch of the well in the coal seam being mined.
If methane leakage through subsidence cracks is a problem when retreat mining, the minimum working barrier must be maintained around wells and branches in overlying coal seams, or the wells and branches must be prepared for safe intersection as specified in the mine ventilation plan.
1. Cement Plug – Cement may be used to fill the entire SDD hole system. Squeeze cementing techniques are necessary for SDD plugging due to the lack of tubing in the hole. Cement should fill void spaces and eliminate methane leakage along the hole. Once the cement has cured, the SDD system may be intersected multiple times without further hole preparation. Gas cutting occurs if the placement pressure of the cement is less than the methane pressure in the coal seam. Under these conditions, gas will bubble out of the coal seam and into the unset cement creating a pressurized void or series of interconnected pressurized voids. Water cutting occurs when formation water and standing water in the hole invades or displaces the unset cement. Standing water has to be bailed out of the hole or driven into the formation with compressed gas to minimize water cutting. The cement pressure must be maintained higher than the formation pressure until the cement sets to minimize both gas and water cutting. The cementing program in the ventilation plan must address both gas and water cutting.
Due to the large volume to be cemented and potential problems with cement setting prior to filling the entire SDD system, adequately sized pumping units with back-up capacity must be used. Various additives such as retarders, lightweight extenders, viscosity modifiers, thixotropic
modifiers, and fly ash may be used in the cement mix. The volume of cement pumped should exceed the estimated hole volume to ensure the complete filling of all voids. The complete cementing program, including hole dewatering, cement, additives, pressures, pumping times and equipment must be specified in the ventilation plan.
The material safety data sheets (MSDS) for all cements, additives and components and any personal protective equipment and techniques to protect workers from the potentially harmful effects of the cement and cement components should be included in the ventilation plan. Records of cement mixes, cement quantities, pump pressures, and flow rates and times should be retained for each hole plugged.
SDD holes may be plugged with cement years in advance of mining. However, the District Manager shall require suitable documentation of the cement plugging in order to approve mining within the minimum working barrier around coalbed methane wells.
2. Active Pressure Management and Water Infusion - Reducing the pressure in the hole to less than atmospheric pressure by operating a vacuum blower connected to the wellhead may facilitate safe intersection of the hole by a coal mine. The negative pressure in the hole will limit the quantity of methane released into the higher pressure mine atmosphere. If the mine intersection is near the end of a horizontal branch of the SDD system, air will flow from the mine into the upstream side of the hole and be exhausted through the blower on the surface. On the downstream side of the intersection, if the open hole length is short, the methane emitted from this side of the hole may be diluted to safe levels with ventilation air. Conversely, safely intersecting this system near the bottom of the vertical hole may not be possible because the methane emissions from the multiple downstream branches may be too great to dilute with ventilation air. The methane emission rate is directly proportional to the length of the open hole. Successful application of vacuum systems may be limited by caving of the hole or water collected in dips in the SDD system.
Another important factor in the success of vacuum systems is the methane liberation rate of the coal formation around the well—older, more depleted wells that have lower methane emission rates are more amenable to this technique. The remaining methane content and the formation permeability should be addressed in the ventilation plan.
Packers may be used to reduce methane inflow into the coal mine after intersection. All packers on the downstream side of the hole must be equipped with a center pipe to be able to measure the inby methane pressures or so that water may be injected. Subsequent intersections should not take place if pressure in a packer-sealed hole is excessive.
Alternatively, methane produced by the downstream hole may be piped to an in-mine degas system to safely transport the methane out of the mine or may be piped to the return air course for dilution. In-mine methane piping should be protected as stipulated in “Piping Methane in Underground Coal Mines,” MSHA IR 1094, (1978). Protected methane diffusion zones may be established in return air courses if needed.
Detailed sketches and safety precautions for methane collection, piping and diffusion systems must be included in the ventilation plan (30 C.F.R.
§ 75.371(ee)).
Water infusion prior to intersecting the well will temporarily limit methane flow. Water infusion may also help control coal dust levels during mining. High water infusion pressures may be obtained prior to the initial intersection by the hydraulic head resulting from the hole depth or by pumping. Water infusion pressures for subsequent intersections are limited by leakage around in-mine packers and limitations of the mine water distribution system. If water is infused prior to the initial intersection, the water level in the hole shall not be more than 100 feet before the intersection.
The complete pressure management strategy including negative pressure application, wellhead equipment, and use of packers, in-mine piping, methane dilution, and water infusion must be specified in the ventilation plan. Procedures for controlling methane in the downstream hole must be specified in the ventilation plan. The remaining methane content and formation permeability should be addressed in the ventilation plan. The potential for the coal seam to cave into the well should be addressed in the ventilation plan. Dewatering methods should be included in the ventilation plan.
A record of the negative pressures applied to the system, methane liberation, use of packers and any water infusion pressures and application time should be retained for each intersection.
Remedial work – If problems are encountered in preparing the holes for safe intersection, then remedial measures must be taken to protect the miners. For example: if only one-half of the calculated hole volume of cement could be placed into a SDD well due to hole blockage, holes
should be drilled near each branch that will be intersected and squeeze cement using pressures sufficient to fracture into the potentially empty SDD holes. The District Manager will approve remedial work in the ventilation plan on a case-by-case basis.
3. MANDATORY PROCEDURES AFTER APPROVAL HAS BEEN GRANTED BY THE DISTRICT MANAGER TO MINE WITHIN THE MINIMUM WORKING BARRIER AROUND THE WELL OR BRANCHES OF THE WELL
a. A representative of the operator, a representative of the miners, the appropriate State agency, or the MSHA District Manager may request that a conference be conducted prior to intersecting any plugged or re-plugged well. Upon receipt of any such request, the District Manager shall schedule such a conference. The party requesting the conference shall notify all other parties listed above within a reasonable time prior to the conference to provide opportunity for participation. The purpose of the conference shall be to review, evaluate, and accommodate any abnormal or unusual circumstance related to the condition of the well or surrounding strata when such conditions are encountered.
b. The operator shall intersect a well or branches of the well on a shift approved by the District Manager. The operator shall notify the District Manager and the miners’ representative within 48 hours prior to intersecting a well in order to provide an opportunity to have representatives present.
c. When using continuous mining methods, the operator shall install drivage sights at the last open crosscut near the place to be mined to ensure intersection of the well. The drivage sites shall not be more than 50 feet from the well. When using longwall mining methods, distance markers shall be installed on 5-foot centers for a distance of 50 feet in advance of the well or branch in the headgate entry and in the tailgate entry.
d. The operator shall ensure that fire-fighting equipment including fire extinguishers, rock dust, and sufficient fire hose to reach the working face area of the well or branch intersection (when either the conventional or continuous mining method is used) is available upwind and operable during all well or branch intersections. The fire hose shall be connected, ready for use, and located in the last open crosscut of the entry or room. The operator shall maintain the water line to the belt conveyor tailpiece along with a sufficient amount of fire hose to reach the farthest point of penetration on the section. When the longwall mining method is used, a hose to the longwall water supply is sufficient, when connected, and ready for use.
e. The operator shall ensure that sufficient supplies of roof support and ventilation materials, emergency plugs and suitable sealing materials are placed upwind and ready for use no further outby than one crosscut from the last open crosscut of the well intersection.
f. On the shift prior to intersecting the well or branch, the operator shall service all equipment and check it for permissibility. Water sprays, water pressures, and water flow rates used for dust and spark suppression shall be examined and any deficiencies corrected. Daily permissibility examinations must continue until the well or branch is intersected or until mining exits the minimum working barrier around the well or branch.
g. The operator shall calibrate the methane monitor(s) on the longwall, continuous mining machine, or cutting machine and loading machine on the shift prior to intersecting the well or branch. Daily methane monitor calibration must continue until the well or branch is intersected or until mining exits the minimum working barrier around the well or branch.
h. When mining is in progress, the operator shall perform tests for methane with a handheld methane detector at least every 10 minutes from the time that mining with the continuous mining machine or longwall face is within 30 feet of the well or branch until the well or branch is intersected. During the actual cutting process, no individual shall be allowed on the return side until the well or branch intersection has been completed, and the area has been examined and declared safe. All workplace examinations on the return side of the shearer will be conducted while the shearer is idle. The operator’s most current Approved Ventilation Plan will be followed at all times unless the District Manager deems a greater air velocity for the intersect is necessary.
i. When using continuous or conventional mining methods, the working place shall be free from accumulations of coal dust and coal spillages, and rock dust shall be placed on the roof, rib, and floor to within 20 feet of the face when intersecting the well or branch. On longwall sections, rock dusting shall be conducted and placed on the roof, rib, and floor up to both the headgate and tailgate gob.
j. When the well or branch is intersected, the operator shall de-energize all equipment, and thoroughly examine and determine the area to be safe before permitting mining to resume.
k. After a well or branch has been intersected and the working place determined to be safe, mining shall continue inby the well or branch a sufficient distance to permit adequate ventilation around the area of the well or branch. A
packer will be installed in any open or unplugged portion of the hole as soon as it is safe to do so.
l. No open flame shall be permitted in the area until adequate ventilation has been established around the well or branch bore and methane levels of less than 1.0% are present in all areas that will be exposed to flames and sparks from the torch. The operator shall apply a thick layer of rock dust to the roof, face, floor, ribs and any exposed coal within 20 feet of the casing prior to the use of torches. Any casing, tubing, or stuck tools will be removed using the methods approved in the ventilation plan.
m. No person shall be permitted in the area of the well or branch intersection except those actually engaged in the operation, including company personnel, representatives of the miners, personnel from MSHA, and personnel from the appropriate State agency.
n. The operator shall alert all personnel in the mine to the planned intersection of the well or branch prior to their going underground if the planned intersection is to occur during their shift. This warning shall be repeated for all shifts until the well or branch has been mined through.
o. The well or branch intersection shall be under the direct supervision of a certified individual. Instructions concerning the well or branch intersection shall be issued only by the certified individual in charge. All miners shall be in known locations and in constant two-way communication with the responsible person under 30 C.F.R. § 75.1501 when active mining occurs within the minimum working barrier of the well or well branches.
p. If the mine operator cannot find the well or branch in the middle of the panel or a gate section misses the anticipated intersection, mining shall cease, and the District Manager shall be notified.
q. The provisions of this Order do not impair the authority of representatives of MSHA to interrupt or halt the well or branch intersection, and to issue a withdrawal order, when they deem it necessary for the safety of the miners. MSHA may order an interruption or cessation of the well or branch intersection and/or a withdrawal of personnel by issuing either a verbal or written order to that effect to a representative of the operator, which order shall include the basis for the order. Operations in the affected area of the mine may not resume until a representative of MSHA permits resumption. The mine operator and miners shall comply with verbal or written MSHA orders immediately. All verbal orders shall be committed to writing within a reasonable time as conditions permit.
r. A copy of this Order shall be maintained at the mine and be available to the miners.
s. All necessary safety precautions and safe practices according to Industry Standards, required by MSHA regulations and State regulatory agencies having jurisdiction over the plugging site will be followed to provide the utmost protection to the miners involved in the process.
t. All miners involved in the plugging or re-plugging operations will be trained on the contents of this petition prior to starting the process and a copy of this petition will be posted at the well or branch site until the plugging or re- plugging has been completed.
u. The responsible person required under 30 C.F.R. § 75.1501 Emergency Evacuations, is responsible for well or branch intersection emergencies. The well or branch intersection procedures should be reviewed by the responsible person prior to any planned intersection.
v. Within 30 days after this Order becomes final, the operator shall submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the District Manager. These proposed revisions shall include initial and refresher training on compliance with the terms and conditions stated in the Order. The operator shall provide all miners involved in well or branch intersection with training on the requirements of this Order prior to mining within the minimum working barrier of the next well or well branch intended to be mined through.
w. Within 30 days after this Order becomes final, the operator shall submit proposed revisions for its approved mine emergency evacuation and firefighting program of instruction required under 30 C.F.R § 75.1502. The operator will revise the program of instruction to include the hazards and evacuation procedures to be used for well or branch intersections. All underground miners will be trained in this revised plan within 30 days of submittal.
4. MANDATORY PROCEDURES SPECIFIC TO SDD INTERSECTIONS
a. Following the initial intersection of a branch of an SDD well, subsequent intersections of the same branch of the SDD well typically have lower risk. Appropriate procedures to protect the miners prior to these subsequent intersections or a given branch shall be specified in the ventilation plan.
b. All intersections with SDD wells and branches that are in intake air courses shall be examined as part of the pre-shift examinations required under 30
C.F.R. § 75.360.
c. All other intersection with SDD wells and branches shall be examined as part of the weekly examinations required under 30 C.F.R. § 75.364.
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.
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 7th day of February, 2024, to:
Mr. Scott Martin Mr. Todd Toothman
General Manager UMWA Financial Secretary Harrison County Coal Resources, Inc. 53 Casey Ln.
464 North Portal Road Metz, West Virginia 26585
Wallace, West Virginia 26448 toddumwa/501@gmail.com scottmartin@acnrinc.com
Mr. Thomas Musgrove UMWA President of Local 501 115 Tracy Lane
Fairview, West Virginia 26570 thomasmusgrove@gmail.com
Robert S. Roark
Mine Safety and Health Specialist
2/7/2024
cc: Mr. McKennis Browning, Acting Director, Office of Miners’ Health Safety & Training, #7 Players Club Dr. Suite 2, Charleston, WV 25311 McKennis.P.Browning@wv.gov