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Independent Review of MSHA's Actions at Crandall Canyon Mine

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elieved th<strong>at</strong> a higher stability factor should be employed. Owens accepted the resolution<br />

<strong>of</strong> this inconsistency by the consultant increasing the stability factor from .37 to .40.<br />

Conclusion: District 9 answered an informal submittal for a plan revision with a formal<br />

written response from the District Manager. MSHA has historically required th<strong>at</strong> plan<br />

deficiencies identified in writing be answered with a written response. Owens, by resolving<br />

the inconsistencies via phone calls, and then failing to document the specifics <strong>of</strong> such a<br />

resolution, did not adhere to MSHA practices.<br />

The resolution <strong>of</strong> the inconsistencies, as explained by Owens, was lacking detail and<br />

substance. Despite the vague n<strong>at</strong>ure <strong>of</strong> the oper<strong>at</strong>or’s response to the five inconsistencies,<br />

MSHA conducted no further ARMPS analyses, and made no other <strong>at</strong>tempt <strong>at</strong> verifying the<br />

consultant’s methodology.<br />

Recommend<strong>at</strong>ion: The District Standard Oper<strong>at</strong>ing Procedure (SOP) should be modified to<br />

require a written response from the mine oper<strong>at</strong>or when plan deficiencies have been identified<br />

in writing.<br />

Issues identified with supporting d<strong>at</strong>a should be adequ<strong>at</strong>ely resolved, with any follow-up<br />

inform<strong>at</strong>ion verified by MSHA.<br />

3) Failure to properly consider the impact <strong>of</strong> the March 10, 2007 bounce in the North Barrier<br />

section prior to approving retre<strong>at</strong> mining in the South Barrier section. On March 10,<br />

2007, a significant bounce occurred during retre<strong>at</strong> mining on the North Barrier section <strong>of</strong><br />

<strong>Crandall</strong> <strong>Canyon</strong> <strong>Mine</strong>. A large amount <strong>of</strong> coal was expelled from the ribs, damaging<br />

ventil<strong>at</strong>ion controls and causing the oper<strong>at</strong>or to cease mining oper<strong>at</strong>ions in this area.<br />

Section 50.2 defines and accident as, “a coal or rock outburst th<strong>at</strong> causes withdrawal <strong>of</strong><br />

miners or which disrupts regular mining activity for more than one hour” and “an<br />

unplanned ro<strong>of</strong> or rib fall in active workings th<strong>at</strong> impairs ventil<strong>at</strong>ion or impedes passage.”<br />

As such, it is required under § 50.10 to be immedi<strong>at</strong>ely reported to MSHA. The bounce th<strong>at</strong><br />

resulted in the mine manager’s decision to withdraw from the North Barrier section met<br />

the criteria <strong>of</strong> § 50.2 but was not immedi<strong>at</strong>ely reported to MSHA.<br />

Despite the failure to comply with Part 50, mine management did have several discussions<br />

with MSHA District personnel on March 12 th and 13 th in which “bouncing” was mentioned.<br />

Notes taken by Owens indic<strong>at</strong>e a 12:00 noon phone call on March 12 th from Laine Adair,<br />

General Manager for the <strong>Crandall</strong> <strong>Canyon</strong> <strong>Mine</strong>, in which pillar bouncing is mentioned.<br />

Similarly, notes taken by William Reitze, District 9 Ventil<strong>at</strong>ion Branch Supervisor,<br />

pertaining to convers<strong>at</strong>ions with Adair on March 12 th and 13 th repe<strong>at</strong>edly use the word<br />

“bounce.” The calls with Reitze pertained to an issue with constructing seals for the area,<br />

which ultim<strong>at</strong>ely escal<strong>at</strong>ed to the point where Davis was involved. As part <strong>of</strong> the seal issue<br />

discussion, Davis was informed th<strong>at</strong> the section was being withdrawn due to bounces. A<br />

March 13 th e-mail from John Fredland, Technical Support seal specialist, to Davis<br />

22

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