3/11/2024
In the matter of Petition for Modification
Buchanan Minerals, LLC
Buchanan Mine #1
I.D. No. 44-04856 Docket No. M-2022-018-C
PROPOSED DECISION AND ORDER
On November 26, 2021, Buchanan Minerals, LLC filed a petition seeking a modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.1100-2(b) to its Buchanan Mine #1 located in Raven, Buchanan County, Virginia. The Petitioner alleges that the alternative method outlined in the petition will, at all times, guarantee no less than the same measure of protection afforded by the standard.
The petitioned standard, 30 Code of Federal Regulations (30 C.F.R.) § 57.1100-2(b) states,
(b) Belt conveyors. In all coal mines, waterlines shall be installed parallel to the entire length of belt conveyors and shall be equipped with firehose outlets with valves at 300-foot intervals along each belt conveyor and at tailpieces. At least 500 feet of firehose with fittings suitable for connection with each belt conveyor waterline system shall be stored at strategic locations along the belt conveyor. Waterlines may be installed in entries adjacent to the conveyor entry belt as long as the outlets project into the belt conveyor entry.
The petitioner requests a modification of the existing standard, 30 CFR 75.1100-2 (b), as it relates to the use of an alternative location of firefighting equipment installed along belt conveyors at the Buchanan Mine #1. The petitioner is applying to install the waterline in the adjacent entry to the belt conveyor and extend the distance between fire hydrants to 320 feet on three-entry longwall headgate development and subsequent longwall retreat sections.
Buchanan Minerals, LLC is seeking an alternative to the installation of a parallel waterline along the entire length of the belt conveyor that will be utilized in the development of three-entry longwall headgate and subsequent longwall retreat sections. Currently, as numbered left to right, No.1 entry serves as the return, No. 2 entry serves as the intake/track entry and No. 3 entry serves as the belt entry.
The headings are on 60-foot centers and the crosscuts from the No. 2 Entry to the No. 3 Entry are on 160-foot centers. The No. 2 intake/track entry is isolated from the No. 3 belt entry by use of permanent cement block stoppings. Buchanan Mine #1 seam heights are 48 inches or higher. In accordance with 30 CFR 75.333 (c) (1), personnel doors are installed at distances not to exceed 600 feet.
A 6-inch waterline is installed along the full length of the track. The following two methods are utilized to facilitate the requirements of the petitioned standard: (1) A 2- inch waterline is installed along the belt conveyor with fire valves installed at intervals of 300 feet. The 2-inch waterline is supplied via the 6-inch line through taps at intervals necessary to ensure flow rate requirements are met; or (2) A 2-inch branch line extends at every break over to the No. 3 belt entry with a corresponding fire valve fitted on the end.
The new gateroad design at Buchanan will utilize 1,000-foot-wide longwall faces and requires crosscuts to be driven on 160-foot centers. This crosscut spacing is critical to the global stability of the mine environment. The design has been reviewed by MSHA’s Technical Support Roof Control Group along with numerous industry experts that utilized ACPS, LaModel and Flac3D analysis tools to determine this was the ideal pillar configuration. The Analysis of Coal Pillar Stability Program (ACPS) was used to compare pillar stability factors of different pillar sizes and configuration and the current 160-foot centers was found to be the safest design that provides similar factors of safety as with the current 4-entry system.
Buchanan Minerals, Buchanan Mine #1 is applying to reconfigure the 6-inch waterline in the adjacent entry to the belt conveyor and extend the distance between fire hydrants to 320 feet on three-entry longwall headgate development and subsequent longwall retreat sections. The waterline will be located in the No. 2 intake/track entry with the exception of a final connection that will extend the waterline to the section loading point in the No. 3 belt entry. Additional fire-fighting equipment will be staged and enhanced access between the No. 2 and No. 3 entry will be instituted. The utilization of the waterline in the No. 2 intake/track entry will facilitate both the installation of the waterline during development and removal upon longwall retreat mining.
Finding of Fact and Conclusion of Law
On October 13, 2022, MSHA conducted an investigation of the subject Petition of Modification (PFM) for the Buchanan Mine #1. This Petitioner identifies this petition with an alternative method that will provide a measure of protection equal to or greater than the standard. Personnel representing Buchanan Minerals, LLC’s safety department participated in the investigation.
This mine has 15 shaft openings into the Pocahontas No. 3 seam. The mine is ventilated with 7 fans producing 2,848,184 cubic feet per minute (CFM) of air quantity. The mine liberates 9,193,663 cubic feet of methane within 24 hours. The mine has twelve (12) Mechanized Mining Units (MMU) and two (2) active longwall sections. There are a total of 542 underground miners employed.
On October 13, 2022, there were approximately 123 miners that were solicited for comments. There were comments from fifteen (15) supervisors, three (3) safety department personnel, eight (8) mine rescue team members, seven (7) fire-fighting brigade members and fifteen (15) section foremen. There were no negative comments from anyone. All miners contacted were in favor of extending the fire hydrant spacing to 320 feet with the additional proposed safety precautions. Only one concern was expressed over the potential that a rail runner may de-rail and rupture the waterline.
The miners are not represented by a labor union and there is no miner’s representative.
On October 13, 2022, an onsite inspection of the currently installed waterline and fire hydrants was conducted to determine the functionality of the proposed system. The inspection was conducted on a three (3) entry system in the 1 South Development Panel. The current 6-inch waterline is installed in the No. 2 Entry in the Intake air course, as per Petition of Modification M-88-230-C, which approved the installation in the intake entry instead of the belt entry. To comply with 30 CFR 75.1100-2(b), 2-inch water hose is installed, through the stoppings, at every crosscut (160-foot centers), into the No. 3 Belt Entry to feed fire hydrants.
Every miner underground is affected by this petition. A new three (3) entry system is currently being evaluated with a three (3) panel test area. The test area yield pillars have been increased to 160-foot centers. The petitioner is requesting to extend the fire hydrant spacing in lieu of complying with the existing 30 CFR 75.1100-2(b) requirement.
MSHA determined that the Petitioner has provided contents required by the provision. However, the Petitioner failed to provide a detailed statement of the facts the petitioner would show to establish the grounds upon which it is claimed a modification is warranted. The petitioner previously filed for a petition related to this request and is currently following the terms and conditions of that granted order. The petitioner has made a request and stated that crosscuts at this mine has increased to 160-foot centers, however this fact does not support that this petition is warranted. Crosscuts every 160 feet on center allows for the petitioner to continue to meet the minimum requirements of the regulation.
The existing regulation states that waterlines may be installed in entries adjacent to the conveyor entry belt as long as the outlets project into the belt conveyor entry.
Therefore, there is no application required to install the 6-inch waterline in the adjacent entry to the belt conveyor.
The petitioner provided statements that the alternative method will guarantee no less than the same measure of protection afforded miners under the mandatory standard and listed reasons 1-8. Reasons 1, 2, 3, 7, & 8 are statements supporting the installation of the waterline adjacent to the belt conveyor and as previously stated there is no application required to install the 6-inch waterline in the adjacent entry to the belt conveyor. The reasons listed here make statements supporting the waterline in the track entry. However, the investigation revealed that a miner expressed the potential hazard that a rail runner may de-rail and rupture the waterline. This expressed concern does not support the installation of the waterline in the track entry.
Reasons 5 & 6 state readily available and easily identifiable fire valves will lessen response time and simplify training with the fire valve locations along every other break along the track entry. All fire valves are required to be identifiable. If these statements are true, then fire valves installed every break instead of every other break simplify training and response time just as much if not more.
Reason 4 states the additional fire hose will provide enough fire-fighting hoses that can reach the corresponding break of the next fire valve location. The petitioner has not provided facts that support any of these reasons or provide sufficient information to determine whether the alternative method will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard. The petitioner is requesting to install the waterline in the No. 2 entry adjacent to the No. 3 belt conveyor entry and extend the distance between fire hydrants to 320 feet on three- entry longwall headgate development and subsequent longwall retreat sections. The proposed crosscuts from the No. 2 Entry to the No. 3 Entry are on 160-foot centers.
Therefore, the Petitioner has met the minimum requirement of the standard. The petitioner can continue to comply with the 300 feet maximum fire hydrant spacing requirements of 30 C.F.R. § 75.1100-2(b) by installing the fire hydrants in each crosscut.
On the basis of the petition and the findings of MSHA's investigation, Buchanan Minerals, LLC is not granted a modification of the application of 30 C.F.R. § 75.1100-2(b) to its Buchanan Mine #1.
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 Buchanan Minerals, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.1100-2(b) in the Buchanan Mine #1 is hereby:
DENIED
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 4E401, 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 March, 2024 to:
Mr. Josh Honaker, Superintendent
Buchanan Minerals, LLC
P.O. Drawer L
Oakwood, Virginia 24631
josh.honaker@coronadous.com
3/11/2024
Robert S. Roark
Mine Safety and Health Specialist
cc: Mr. Marshall R. Moore, Chief Mine Inspector, 3405 Mountain Empire Road,
P.O. Drawer 900, Big Stone Gap, VA 24219 DmInfo@dmme.virginia.gov