8/31/26
In the matter of: Petition for Modification
Paramont Contura, LLC
Deep Mine 46
I.D. No. 44-07433 Docket No. M-2026-013-C
PROPOSED DECISION AND ORDER
On April 28, 2026, Paramont Contura, LLC filed a petition seeking modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.1700 at its Deep Mine 46 located in Dickenson County, Virginia. 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 C.F.R § 75.1700 – Oil and Gas Wells, states, in relevant part,
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.
The petition addresses items for which District Manager approval is required, procedures for cleaning out and preparing oil and gas wells prior to plugging or re-plugging, procedures for plugging or re-plugging oil or gas wells to the surface, procedures for plugging or re-plugging oil or gas wells for use as degasification boreholes, alternative procedures for preparing and plugging or re-plugging oil or gas wells, and procedures after approval has been granted to mine through a plugged or re-plugged well.
MSHA personnel investigated the merits of the petition and filed a report of their findings with the Administrator for Mine Safety and Health Enforcement. After careful review of the entire record, including the petition and MSHA's investigative report, the Administrator issues this Proposed Decision and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
MSHA investigated pertinent details of the mine on July 6-7, 2026. The investigation included an item-by-item review of the proposed petition and an onsite mine visit. During the onsite visit, the MSHA investigator verified that the proposed Petition for Modification (PFM) was posted on the mine’s bulletin board and explained the PFM process and all stipulations to the miners and supervisors.
Paramont Contura, LLC requests a modification of 30 CFR 75.1700 to permit an alternative method of compliance with the standard with respect to gas wells. The alternative method would be utilized when mining through vertically drilled degasification boreholes with or without horizontal laterals to permit mining through the boreholes, and the petition applies to all wells to be mined through located within the mineable reserve at Paramont Contura, LLC - Deep Mine 46. The petitioner states that the alternative method will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard.
Deep Mine 46 is in Dickenson County, Virginia, 1.3 miles Southeast of Nora, Virginia. Deep Mine 46 employs 51 miners on three shifts, and normally operates on a 5 day scheduled work week. The mine produces coal from the Lower Banner coal seam with two mechanized mining units. Coal is produced with continuous mining machines operating two production shifts per day. According to mine management, the average production is 4,000 raw tons per day. The remaining life of the mine is estimated to be 7 years. The most current air samples at the mine, taken on April 6, 2026, revealed that the total mine methane liberation was 0 cubic feet per 24-hour period.
The miners at this mine are not represented by a labor union. Damien Addington is the
current elected miners’ representative for this mine. During the investigation, comments were solicited from Mr. Addington and 38 miners from the two production shifts and the maintenance shift. No comments were provided.
The majority of the miners were transferred from Deep Mine 44, which went through the same petition process in 2017. A copy of the Petition for Modification was posted on the bulletin board at the mine. All underground personnel would be affected by this modification.
During the comment period of the Petition for Modification, MSHA received an anonymous comment from the public. The public comment is available at MSHA’s website at www.msha.gov and www.regulations.gov. MSHA carefully considered all comments prior to the issuance of this Proposed Decision and Order.
There are several differences between the petitioner’s proposal and the amended terms and conditions set forth by MSHA. The essential changes include:
1. Conventional coal bed methane wells (vertically drilled in the same manner as conventional oil and gas wells) may exist within the vicinity of Deep Mine 46. Surface directional drilled (SDD) wells into the underground coal seams (sometimes referred to as turkey foot wells) are not subject to this modification. The submitted petition will only apply to conventionally drilled oil, gas, and coal bed methane wells. An additional petition would be required for surface directional drilled wells.
2. Conditions set forth by MSHA include required procedures in the event an uncharted well is inadvertently mined into.
3. The mine does not currently incorporate longwall mining techniques. Due to the possibility of this mining method applying to the mine in the future, several conditions set forth by MSHA have been added to address longwall mining should this method be employed in the future without the need for an additional Petition for Modification.
4. The mine currently uses a continuous miner, to extract coal from the active coal face. When a well intersect is planned and a continuous miner, is to be used to facilitate removal of any remaining casing(s) or tubing string(s), the casing(s) and tubing string(s) should be milled at the mineable coal seam.
The knowledge of similar and successful petitions at other mines, the petition and the
alternative method, as petitioned, will satisfy the intent of the 30 CFR 75.1700 and provide a measure of safety equal to or greater than that provided by the regulation.
On the basis of the petition, and the findings of MSHA's investigation, Paramont Contura, LLC is granted a modification of the application of 30 C.F.R. § 75.1700 to its Deep Mine 46.
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
Paramont Contura, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.1700 in Deep Mine 46 mine is hereby:
GRANTED, conditioned upon compliance with the following requirements.
1. DISTRICT MANAGER APPROVAL REQUIRED
a. The type of oil or gas well that will be considered under this Petition includes abandoned wells that have been depleted of oil or gas production or have not produced oil or gas and may have been plugged, and active conventional vertical wells. Unconventional wells in the Marcellus, Utica, and all other unconventional shale oil and gas wells are not subject to this modification. Additionally, surface directional drilled (SDD) 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 between any mined area and a well) shall be maintained around all wells (defined herein to include all active, inactive, abandoned, shut-in, and previously plugged oil and gas wells, and including water injection wells) until approval to proceed with mining has been obtained from the District Manager. Wells that were drilled into potential oil or gas producing formations that did not produce commercial quantities of either gas or oil (wildcat wells or dry holes) are also defined as oil or gas wells.
c. Prior to mining within the safety barrier around any well that is intended to be mined through, 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 affidavit or declaration must be accompanied by all logs described in subparagraphs 2(a)(2) and 2(d)(5) below and any other records described in those subparagraphs which the District Manager may request. 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, they will provide their approval and the mine operator may then mine within the safety barrier of the well, subject to the terms of this Order. In addition, a site-specific plan detailing procedures when mining within a 150-foot diameter of a well and when a well intersect is planned shall be submitted to the District Manager for approval prior to mining within 50 feet of a well, with or without actual well intersect. If the District Manager determines that the procedures have been complied with, they 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 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, they 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 CLEANING OUT, PREPARING, PLUGGING, AND RE-PLUGGING OIL OR GAS WELLS
a. MANDATORY PROCEDURES FOR CLEANING OUT AND PREPARING VERTICAL OIL AND GAS WELLS PRIOR TO PLUGGING OR RE-PLUGGING
The mine operator shall test for gas emissions inside the hole before cleaning out, preparing, plugging, and re-plugging oil and gas wells. The District Manager shall be immediately contacted by phone if gas is being produced and notified in writing.
(1) A diligent effort shall be made to clean the well to the original total depth. The mine operator shall contact the District Manager by phone and notify him in writing prior to stopping the operation to pull casing or clean out the total depth of the well.
If this depth cannot be reached, and the total depth of the well is less than 4,000 feet, the operator shall completely clean out the well from the surface to at least 200 feet below the base of the lowest mineable coal seam, unless the District Manager requires cleaning to a greater depth based on their judgment as to what is required due to the geological strata, or due to the pressure within the well. The operator shall provide the District Manager with all information it possesses concerning the geological nature of the strata and the pressure of the well. If the total depth of the well is 4,000 feet, or greater, the operator shall completely clean out the well from the surface to at least 400 feet below the base of the lowest mineable coal seam. Wells of this greater depth are under greater pressure, so the 400 feet requirement provides greater protection for miners. The operator shall remove all material from the entire diameter of the well, wall to wall. If the total depth of the well is unknown and there is no historical information, the mine operator must contact the District Manager before proceeding.
(2) The operator shall prepare down-hole logs for each well. They shall consist of a caliper survey and log(s) suitable for determining the top, bottom, and thickness of all coal seams and potential hydrocarbon producing strata and the location for a bridge plug. The District Manager may approve the use of a down-hole camera survey in lieu of down-hole logs. In addition, a journal shall be maintained describing the depth of each material encountered, the nature of each material encountered; bit size and type used to drill each portion of the hole; length and type of each material used to plug the well; length of casing(s) removed, perforated or ripped or left in place, any sections where casing was cut or milled; and other pertinent information concerning cleaning and sealing the well. Invoices, work-orders, and other records relating to all work on the well shall be maintained as part of this journal and provided to MSHA upon request.
(3) When cleaning out the well as provided for in subparagraph (a)(l), the operator shall make a diligent effort to remove all of the casing in the well. After the well is completely cleaned out and all the casing removed, the well should be plugged to the total depth by pumping expanding cement slurry and pressurizing to at least 200 pounds per square inch (psi). If the casing cannot be removed, it must be cut, milled, perforated, or ripped at all mineable coal seam levels to facilitate the removal of any remaining casing in the coal seam by the mining equipment. Any casing which remains shall be perforated or ripped to permit the injection of cement into voids within and around the well. All casing remaining at mineable coal seam levels shall be perforated or ripped at least every 5 feet from 10 feet below the coal seam to 10 feet above the coal seam.
The mine subject to this order currently uses a continuous miner to extract coal from the active coal face. When a well intersect is planned and a continuous miner is to be used to facilitate removal of remaining casing(s) or tubing string(s), the casing(s) and tubing string(s) should be milled at the mineable coal seam.
Perforations or rips are required at least every 50 feet from 200 feet (400 feet if the total well depth is 4,000 feet or greater) below the base of the lowest mineable coal seam up to 100 feet above the uppermost mineable coal seam. See Appendix A. The mine operator must take appropriate steps to ensure that the annulus between the casing and the well walls are filled with expanding (minimum 0.5% expansion upon setting) cement and contain no voids.
If it is not possible to remove all of the casing, the operator shall notify the District Manager before any other work is performed. If the well cannot be cleaned out or the casing removed, the operator shall prepare the well as described from the surface to at least 200 feet below the base of the lowest mineable coal seam for wells less than 4000 feet in depth and 400 feet below the lowest mineable coal seam for wells 4000 feet or greater, unless the District Manager requires cleaning out and removal of casing to a greater depth based on their judgement as to what is required due to geological strata, or due to the pressure within the well.
If the operator, using a casing bond log can demonstrate to the satisfaction of the District Manager that all annuli in the well are already adequately sealed with cement, then the operator will not be required to perforate or rip the casing for that particular well. When multiple casing and tubing strings are present in the coal horizon(s), any casing which remains shall be ripped or perforated and filled with expanding cement as indicated above. An acceptable casing bond log for each casing and tubing string is needed if used in lieu of ripping or perforating multiple strings.
(4) If the District Manager concludes that the cleaned-out well is emittng excessive amounts of gas, a mechanical bridge plug shall be placed in the borehole in a competent stratum at least 200 feet (400 feet if the total well depth is 4,000 feet or greater) below the lowest mineable coal seam but above the top of the uppermost hydrocarbon-producing stratum, unless the District Manager requires a greater distance based on their judgment that it is required due to the geological strata or due to the pressure within the well (the operator shall provide the District Manager with all information it possesses concerning the geological nature of the strata and the pressure of the well). If it is not possible to set a mechanical bridge plug, an appropriately sized packer may be used. The mine operator shall document what has been done to “kill the well” and plug the carbon producing strata.
(5) If the uppermost gas-producing stratum is within 300 feet of the base of the lowest mineable coal seam, the operator shall properly place mechanical bridge plugs or cap seal plugs or a suitable brush plug described in subparagraph (a)(4) shall be used to isolate the hydrocarbon-producing stratum from the expanding cement plug. Nevertheless, the operator shall place a minimum of 200 feet (400 feet if the total well depth is 4,000 feet or greater) of expanding cement below the lowest mineable coal seam, unless the District Manager requires a greater distance based on their judgment that it is required due to the geological strata, or due to the pressure within the well.
b. MANDATORY PROCEDURES FOR PLUGGING OR RE-PLUGGING OIL OR GAS WELLS TO THE SURFACE
After completely cleaning out the well as specified in paragraph 2(a) above, the following procedures shall be used to plug or re-plug gas or oil wells to the surface:
(1) The operator shall pump expanding cement slurry down the well to form a plug which runs from at least 200 feet (400 feet if the total well depth is 4,000 feet or greater) below the base of the lowest mineable coal seam (or lower if required by the District Manager based on their judgment that a lower depth is required due to the geological strata, or due to the pressure within the well) to the surface. The expanding cement will be placed in the well under a pressure of at least 200 pounds per square inch.
Portland cement or a lightweight cement mixture may be used to fill the area from 100 feet above the top of the uppermost mineable coal seam (or higher if required by the District Manager based on their judgment that a higher distance is required due to the geological strata, or due to the pressure within the well) to the surface.
(2) The operator shall embed steel turnings or other small magnetic particles in the top of the cement near the surface to serve as a permanent magnetic monument of the well. In the alternative, a 4.5 inch or larger casing, set in cement, shall extend at least 36 inches above the ground level with the API well number engraved or welded on the casing. When the hole cannot be marked with a physical monument (i.e. prime farmland), high-resolution GPS coordinates (one-half meter resolution) are required.
c. MANDATORY PROCEDURES FOR PLUGGING OR RE-PLUGGING OIL AND GAS WELLS FOR USE AS DEGASIFICATION WELLS
After completely cleaning out the well as specified in paragraph 2(a) above, the following procedures shall be utilized when plugging or re-plugging oil or gas wells that are used as degasification boreholes:
(1) The operator shall set a cement plug in the well by pumping an expanding cement slurry down the tubing to provide at least 200 feet of expanding cement below the lowest mineable coal seam, unless the District Manager requires a greater depth based on their judgment that a greater depth is required due to the geological strata, or due to the pressure within the well. The expanding cement will be placed in the well under pressure of at least 200 pounds per square inch. The top of the expanding cement shall extend at least 100 feet above the top of the coal seam being mined, unless the District Manager requires a greater distance based on their judgment that a greater distance is required due to the geological strata, or due to the pressure within the well.
(2) The operator shall securely grout into the bedrock of the upper portion of the degasification well a suitable casing in order to protect it. The remainder of this well may be cased or uncased.
(3) The operator shall fit the top of the degasification casing with a wellhead equipped as required by the District Manager in the approved ventilation plan. Such equipment may include check valves, shut-in valves, sampling ports, flame arrestor equipment, and security fencing.
(4) Operation of the degasification well shall be addressed in the approved ventilation plan. This may include periodic tests of methane levels and limits on the minimum methane concentrations that may be extracted.
(5) After the area of the coal mine that is degassed by a well is sealed or the coal mine is abandoned, the operator must seal all degasification wells using the following procedures:
(i) The operator shall insert a tube to the bottom of the drill hole or, if not possible, to within 100 feet above the coal seam being mined. Any blockage must be removed to ensure that the tube can be inserted to this depth.
(ii) The operator shall set a cement plug in the well by pumping Portland cement or a lightweight cement mixture down the tubing until the well is filled to the surface.
(iii) The operator shall embed steel turnings or other small magnetic particles in the top of the cement near the surface to serve as a permanent magnetic monument of the well. In the alternative, a 4-inch or larger casing, set in cement, shall extend at least 36 inches above the ground level with the API well number engraved or welded on the casing.
d. MANDATORY ALTERNATIVE PROCEDURES FOR PREPARING AND PLUGGING OR RE-PLUGGING OIL OR GAS WELLS
The following provisions apply to all wells which the operator determines, and with which the MSHA District Manager agrees, cannot be completely cleaned out due to damage to the well caused by subsidence, caving, or other factors.
(1) The operator shall drill a hole adjacent and parallel to the well, to a depth of at least 200 feet (400 feet if the total well depth is 4,000 feet or greater) below the lowest mineable coal seam, unless the District Manager requires a greater depth based on their judgment that a greater depth is required due to the geological strata, or due to the pressure within the well.
(2) The operator shall use a geophysical sensing device to locate any casing which may remain in the well.
(3) If the well contains casing(s), the operator shall drill into the well from the parallel hole. From 10 feet below the coal seam to 10 feet above the coal seam, the operator shall perforate or rip all casings at intervals of at least 5 feet. Beyond this distance, the operator shall perforate or rip at least every 50 feet from at least 200 feet below the base of the lowest mineable coal seam up to 100 feet above the seam being mined, unless the District Manager requires a greater distance based on their judgment that a greater distance is required due to the geological strata, or due to the pressure within the well. The diagram shown in Appendix A is representative of the placement of the perforation or ripping that must be done. The operator shall fill the annulus between the casings and between the casings and the well wall with expanding (minimum 0.5% expansion upon setting) cement, and shall ensure that these areas contain no voids. If the operator, using a casing bond log, can demonstrate to the satisfaction of the District Manager that the annulus of the well is adequately sealed with cement, then the operator will not be required to perforate or rip the casing for that particular well, or fill these areas with cement. When multiple casing and tubing strings are present in the coal horizon(s), any casing-which remains shall be ripped or perforated and filled with expanding cement as indicated above. An acceptable casing bond log for each casing and tubing string is needed if used in lieu of ripping or perforating multiple strings.
(4) Where the operator determines, and the District Manager agrees, that there is insufficient casing in the well to allow the method outlined in subparagraph (d)(3) to be used, then the operator shall use a horizontal hydraulic fracturing technique to intercept the original well. From at least 200 feet below the base of the lowest mineable coal seam to a point at least 50 feet above the seam being mined, the operator shall fracture in at least six places, at intervals to be agreed upon by the operator and the District Manager after considering the geological strata and the pressure within the well. The operator shall then pump expanding cement into the fractured well in sufficient quantities and in a manner which fills all intercepted voids.
(5) The operator shall prepare down-hole logs for each well. They shall consist of a caliper survey and log(s) suitable for determining the top, bottom, and thickness of all coal seams and potential hydrocarbon producing strata and the location for the bridge plug. The operator may obtain the logs from the adjacent hole rather than the well if the condition of the well makes it impractical to insert the equipment necessary to obtain the log. The District Manager may approve the use of a down-hole camera survey in lieu of downhole logs if in their judgment such logs would not be suitable for obtaining the above-listed data or are impractical to obtain due to the condition of the drill hole.
(6) A journal shall be maintained describing the depth of each material encountered, the nature of each material encountered; bit size and type used to drill each portion of the hole; length and type of each material used to plug the well; length of casing(s) removed, perforated or ripped or left in place; and other pertinent information concerning sealing the well. Invoices, work orders, and other records relating to all work on the well shall be maintained as part of this journal and provided to MSHA upon request.
(7) After the operator has plugged the well as described in subparagraphs (d)(3) and/or (d)(4), the operator shall plug the adjacent hole, from the bottom to the surface, with Portland cement or a lightweight cement mixture. The operator shall embed steel turnings or other small magnetic particles in the top of the cement near the surface to serve as a permanent magnetic monument of the well. In the alternative, a 4.5 inch or larger casing, set in cement, shall extend at least 36 inches above the ground level.
A combination of the methods outlined in subparagraphs (d)(3) and (d)(4) may have to be used in a single well, depending upon the conditions of the hole and the presence of casings. The operator and the District Manager should discuss the nature of each hole. The District Manager may require that more than one method be utilized.
The mine operator may submit an alternative plan to the District Manager for approval to use different methods to address wells that cannot be completely cleaned out. The District Manager may require additional documentation and certification by a registered petroleum engineer to support the proposed alternative methods.
3. MANDATORY PROCEDURES AFTER APPROVAL HAS BEEN GRANTED BY THE DISTRICT MANAGER RO MINE WITHIN THE SAFETY BARRIER, OR TO MINE THROUGH A PLUGGED OR RE-PLUGGED 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 on a shift approved by the district manager. The operator shall notify the District Manager and the miners’ representative 48 hours in advance of a planned well intersect in order to provide an opportunity to have representatives present
c. When using continuous mining methods, drivage sights shall be installed 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, drivage sights shall be installed on 10-foot centers for a distance of 50 feet in advance of the well bore. The drivage sights shall be installed in the headgate and tailgate.
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 intersection (when either the conventional or continuous mining method is used) is available and operable during all well intersections. The fire hose shall be 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. The belt conveyor tailpiece shall be defined as the location where the low belt tailpiece is connected to the low belt structure that the continuous haulage system rides on. When the longwall mining method is used, a hose to the longwall water supply is sufficient.
e. The operator shall ensure that sufficient supplies of roof support and ventilation materials shall be available and located at the last open crosscut. In addition, emergency plugs and suitable sealing materials shall be available in the immediate area of the well intersection.
f. On the shift prior to intersecting the well, the operator shall service all equipment and check it for permissibility. At the beginning of the shift that the well intersect is anticipated, water sprays, water pressures, and water flow rates used for dust and spark suppression shall be examined and any deficiencies corrected.
g. At the beginning of the shift when intersecting the well is anticipated, the operator shall calibrate the methane monitor(s) on the longwall, continuous mining machine, or cutting machine and loading machine.
h. When mining is in progress, the operator shall perform tests for methane using a handheld methane detector 12 inches from the roof, face, and ribs at least every 10 minutes from the time that mining with the auger miner, continuous mining machine or longwall face is within 50 feet of the well (as determined from the well deviation survey) until the well is intersected. During the actual cutting process, no individual shall be allowed on the return side until the well 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. 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 is intersected, the operator shall de-energize all equipment, and thoroughly examine and determine they are safe before mining is resumed.
k. When a well has been intersected and the working place determined to be safe, mining shall continue inby the well a sufficient distance to permit adequate ventilation around the area of the well. Adequate ventilation shall be maintained at all times. Maintaining the line brattice or extendable line curtain closer to the active face may be necessary.
l. If the casing is cut or milled at the coal seam level, the use of torches should not be necessary. However, in rare instances, torches may be used for inadequately or inaccurately cut or milled casings. No open flame shall be permitted in the area until adequate ventilation has been established around the well 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. Methane levels in all intake air courses, working places and the immediate section return shall be maintained less than 1% methane. 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, and at the location where torches are to be used.
m. Non-sparking (brass) tools will be located on the working section and will be used exclusively to expose and examine cased wells.
n. No person shall be permitted in the area while mining within 50 feet of the anticipated well intersect, except those actually engaged in the operation, including company personnel, representatives of the miners, personnel from MSHA, and personnel from the appropriate State agency.
o. The operator shall alert all personnel in the mine to the planned intersection of the well 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 has been mined through.
p. The well intersection shall be under the direct supervision of a certified individual. Instructions concerning the well intersection shall be issued only by the certified individual in charge. Additionally, the site specific well intersect plan and petition for modification shall be posted on the working section when mining within 50 feet of an anticipated well intersect. At the beginning of any shift when a well intersect is to occur all personnel underground shall be informed. All personnel underground shall also be familiar with the communication procedures to be used. Mine management shall ensure that all personnel can be immediately contacted to inform them of any problems that might develop during the well intersect. The communication system shall be tested prior to mining within 100-foot diameter of any well intersect and at the beginning of each shift thereafter until the well is intersected.
q. If the mine operator cannot find the well in the middle of the panel or a gate section misses the anticipated intersection, mining shall cease, and the District Manager shall be notified.
r. The provisions of this Order do not impair the authority of representatives of MSHA to interrupt or halt the well 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 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.
s. A copy of this Order shall be maintained at the mine and be available to the miners.
t. If the well is not plugged to the total depth of all minable coal seams identified in the core hole logs, any coal seams beneath the lowest plug will remain subject to the barrier requirements of 30 C.F.R. § 75.1700, should those coal seams be developed in the future.
u. 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 upmost protection to the miners involved in the process.
v. 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 site until the plugging or re-plugging has been completed.
w. Mechanical bridge plugs should incorporate the best available technologies that are either required or recognized by the State regulatory agency and/or oil and gas industry.
x. 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 intersection with training on the requirements of this Order prior to mining within 150 feet of the next well intended to be mined through.
y. The responsible-person required under 30 C.F.R. § 75.1501 is responsible for well intersection emergencies. The well intersection procedures should be reviewed by the responsible-person prior to any planned intersection.
z. 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 intersections. All underground miners will be trained in this revised plan within 30 days of the submittal of the revised evacuation plan.
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.
The petitioner shall include the above terms and conditions in the initial and annual refresher training as required in its approved training plans to ensure that miners are aware of the stipulations contained in this petition.
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, 200 Constitution Ave NW, Suite C3522, Washington, DC, 20210.
Any hearing request must contain a concise summary of position on the issues of fact or law 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 on 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 of this Proposed Decision and Order, the Decision and Order will become final and must be posted by the operator on the bulletin board at the mine.
Timothy R. Watkins,
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 31st day of August, 2026, to:
Eric L. Silkwood
SVP & Deputy General Counsel
Alpha Metallurgical Services, LLC
300 Running Right Way
P.O. Box 261
Julian, West Virginia 25529
ESilkwood@Alphametresources.com
Alexander C. Bullinger
General Engineer
cc: Mr. Marshall R. Moore, Chief Mine Inspector, 3405 Mountain Empire Rd., P.O. Drawer 900, Big Stone Gap, VA 24219, (276) 523-8225, DmInfo@dmme.virginia.gov