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Mine Safety and Health Administration

Petition - Docket No. M-2008-044-C

 

In the matter of Petition for Modification INR-WV Operating LLC

Saunders Prep Plant

I.D. No. 46-02140 Docket No. M-2008-044-C

 

PROPOSED DECISION AND ORDER

 

On August 29, 2008, a petition was filed by Summit Engineering, Inc. on behalf of INR– WV Operating LLC, seeking a modification of the application of 30 C.F.R § 77.214(a).

Petitioner proposes to backfill five (5) abandoned mine portals (two portals on the north side and three portals on the south side of the North Fork of the Buffalo Creek) and to cover the site with mine refuse from the Saunders Prep Plant located in Logan County, West Virginia. The resulting refuse pile is to be identified as WV04-02140-01. The mine openings were part of the No. 5 Mine, which was operated by Buffalo Mining Company and abandoned in 1972.

 

On November 10, 2008, the operator submitted an addendum to the petition. On November 21, 2008, the addendum was resubmitted to provide additional information to the petition investigator in MSHA District 4. The addendum addressed the underdrain for the refuse fill in relation to the elevations of the mine openings. The mine openings on the north side of the North Fork of the Buffalo Creek (Location 3, Exhibit 1) are at a lower elevation than those on the south side (Location 1, Exhibit 1).

 

On January 14, 2008, additional information was provided to indicate the location of properly sized durable drainage pipes to the lowest level opening in the set of portal openings on the north side of Buffalo Creek (Location 3, Exhibit 1). The drawings indicated that the drainage pipe would extend from at least 25 feet into the mine open and connect with an underdrain extension of the valley stream bed underdrain.

 

On February 6, 2006, additional information was obtained to clarify the locations of the drainage pipes, installation of the rock underdrain, and the settlement pond located at the toe of the refuse area. That information confirmed that valley stream bed underdrain would day light above and discharge into a water sediment settling pond constructed below and near the toe of the cross valley refuse pile and extend under the pile to day light above the elevation of the refuse being placed. The underdrain will be extended upstream and ahead of the placement of refuse until the entire drainage is filled with mine refuse.

 

The Petitioner alleges that the alternative method outlined in the petition will at all times guarantees no less than the same measure of protection afforded by the standard.

 

MSHA personnel conducted an investigation of the petition and filed a report of their findings and recommendations with the Administrator for Coal Mine Safety and Health. After a careful review of the entire record, including the petition, and MSHA's investigative report and recommendations, this Proposed Decision and Order is issued.

 

Findings of Fact and Conclusion of Law

 

The applicable standard, 30 C.F.R. § 77.214, Refuse piles, states:

 

(a) Refuse piles constructed on or after July 1, 1971, shall be located in areas which are a safe distance from all underground mine airshafts, preparation plants, tipples, or other surface installations and such piles shall not be located over abandoned openings or steamlines.

 

The petitioner requested the standard be modified to allow the disposal of mine refuse covering the backfill of the portal area of the now-abandoned Buffalo Mining Company’s No. 5 Mine. This disposal site is to be a refuse pile constructed over abandoned mine openings that are properly sealed, with appropriately sized drains through the lowest seals and continued through a compacted fill. The fill material immediately over the mine bench/mine opening is to be impervious, non-combustible material (surface spoil) and covered by a properly constructed refuse pile of breaker rock refuse and coarse coal refuse from the mine preparation plant. There are no steamlines to be buried on the backfilled mine bench or under the constructed refuse pile. The petitioner does not expect significant mine water discharge from the abandoned mine opening to be covered. The petitioned openings are higher in elevation than opening outside the projected refuse pile construction and, as a consequence, the commingling of any discharge of mine water with the surface drainage carried in the refuse pile underdrain is acceptable to the state regulatory authority.

 

The alternative method proposed by the petitioner (as amended by MSHA) will at all time guarantees no less than the same measure of protection afforded the miners under 30 C.F.R § 77.214(a).

 

On the basis of the petition and the findings of MSHA’s investigation, INR-WV Operating LLC is granted a modification of the application of 30 C.F.R § 77.214(a) to allow placement of backfill material and coarse refuse from the Saunders Prep Plant (I.D. No. 46-002140) at site I.D. No. WV04-02140-01 to cover five (5) sealed portal drift

 

openings of the permanently abandoned Buffalo Mining Company’s No. 5 Mine. These five opening are separated by several hundred feet and are at three distinct locations identified on the attached exhibit 1 at locations 1, 2 and 3.

 

ORDER

 

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, 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 INR- WV Operating LLC’s Petition for Modification of the application of 30 C.F.R § 77.214(a) for refuse disposal from the Saunders Prep Plant (I.D. No. 46-02140) at the mine benches of the abandoned Buffalo Mining Company’s No. 5 Mine is hereby:

 

GRANTED, to allow placement of backfill material and coarse refuse at site I.D. No. WV04-02515-2 to cover five (5) sealed portal drift openings of the permanently abandoned Buffalo Mining Company’s No. 5 Mine, conditioned upon full compliance of the petitioner with the following terms and conditions:

 

  1. All sloughed overburden material shall be removed for at least 12 feet in front of and to either side of the five (5) exposed mine openings to allow placement of backfill material for sealing.

     

  2. A 12-inch outside diameter SDR-11 high-density polyethylene pipe shall be installed in the entry with the lowest elevation on the north side of the North Fork of Buffalo Creek, and shall extend to and connect with the rock underdrain as identified in Item 4. At least the first 25 feet of the pipe shall be extended into the underground entry.

     

  3. A 12-inch outside diameter SDR-11 high-density polyethylene pipe shall be installed in the entry with the lowest elevation on the south side of the North Fork of Buffalo Creek, and shall extend to and connect with the rock underdrain as identified in Item 4. At least the first 25 feet of the pipe shall be extended into the underground entry.

     

  4. A wrapped rock underdrain shall be constructed on the original creek bed and extend the full length of the refuse pile extended beyond the mine bench and refuse pile fill limits. This underdrain shall be designed and

     

    sized to ensure the refuse pile does not impound water from the watershed area above the refuse pile as well as preventing water accumulation in the drainpipes and mine openings. The underdrain shall extend to a sediment pond located beyond the limits of the refuse area.

    The rock underdrain shall be constructed using durable sandstone that will not dissolve or break down. Extensions of the underdrain shall connect to the covered mine benches and 12-inch drainpipes.

     

  5. Backfill material shall be impervious, non-combustible, and contain enough fine material to ensure an airtight seal as it is placed in 2-foot lifts compacted to 90% Proctor dry density. Backfill material used to seal mine openings will be non-acid producing soil. Any materials found not to meet these parameters must be removed and replaced.

     

  6. The backfill material shall be placed in the exposed portal areas:

     

    1. to a minimum thickness of 4 feet above the seal drift openings;

       

    2. to 4 feet above any visible cracks in the exposed highwall; and

       

    3. to at least 4 feet over and above any part of this and any other exposed coal seams.

       

  7. The backfill material shall ensure an airtight seal for the coal seam prior to the placement of any scalp rock or coal mine refuse rock over the backfill area.

     

  8. The placement of backfill material shall conform to the reclamation plan drawings and not exceed a 1:1 slope (horizontal: vertical) or 1.3 static safety factor for the mine opening backfill. Placement of topsoil and revegetation shall be done in accordance with the West Virginia Department of Environmental Protection (WVDEP) reclamation permit.

 

Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R § 44.14, as within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia 22209-3939.

 

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 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 Order will become final and must be posted by the operator on the mine bulletin board at the mine.

 

 

 

Kevin G. Stricklin Administrator for
Coal Mine Safety and Health