2012-05-17_ENFORCEMENT - C1981012

• Permit No: C1981012
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 5/17/2012
• Doc Name: MSHA Citation for DWDA Non-Compliance
• From: Us Department of Labor
• To: DRMS
• Email Name: JHB
• Email Name: DIH
• Media Type: D
• Archive: No

19. Type of Inspection
(activity code) E01
20. Event Number 4482182
21. Primary or Mill
22. Signature Ronald J. Gehrke 123.
AR Number
24076
Mine Citation /Order
Section I-- Violation Data
1. Date Mo Da Yr 2. Time (24 Hr. Clock)
05/02/2012
4. Served To
Al Weaver, Senior Engineer
6. Mine
NEW ELK PREP PLANT
8. Condition or Practice
The refuse pile Develop ' ert3'W a ste Disposal Area (DWDA) (ID C009- 04461 -05) was
not constructed according to the acknowledged construction plan, dated June
15, 2011. The maximum height was measured to be over 30 feet in numerous
locations (36 ft., 33 ft., 38 ft., 40 ft., 36.5 ft.), the minimum top width
was less than the required 20 feet on the east side top(16 ft., 17 ft.), and
numerous north side slopes were measured to be steeper than the required 1.5
Horizontal : 1 Vertical [33.7 degrees] (36.7, 36.6, 39).
The abatement of this condition will require that height, side slopes and top
width of the DWDA refuse pile to be modified to conform to the acknowledged
construction plan.
9. Violation
A. Health ❑
Safety
Other ❑
Section II Inspector's Evaluation
12. Type of Action
15. Area or Equipment
Section III -- Termination Action
17. Action to Terminate -
18. Terminated
Section IV -- Automated System Data
B. Section
of Act
11. Negligence (check one) A. None ❑
16. Termination Due Mo Da Yr
A. Date 05/11/2012
1130
10. Gravity:
A. Injury or Illness (has) (is): No Likelihood ❑
B. Injury or illness could rea-
sonably be expected to be:
C. Significant and Substantial:
p
No Lost Workdays ❑
Yes ❑ No
Unlikely 0 Reasonably Likely ❑ Highly Likely ❑ Occurred ❑
Lost Workdays Or Restricted Duty 2 Permanently Disabling ❑
B. Low ❑ C. Moderate
14. Initial Action
A. Citation ❑ B. Order ❑ C. Safeguard ❑ D. Written Notice ❑
U.S. Department of Labor
Mine Safety and Health Administration
5. Operator
NEW ELK COAL COMPANY LLC
7. Mine ID 05 -04461
3. Citation/ 6688955
Order Number
C. Part/Section of
Title 30 CFR 77.215(h)
104(a) I 13. Type of Issuance (check one) Citation
4>
(Contractor)
8a. Written Notice (103g) ❑
See Continuation Form (MSHA Form 7000 - 3a) ❑
D. Number of Persons Affected:
D. High ❑ E. Reckless Disregard ❑
Fatal ❑
001
Order ❑ Safeguard ❑ Written Notice ❑
E. Citation/
Order Number
F. Dated Mo Da Yr
B. Time (24 Hr. Clock)
1500
A. Date Mo Da Yr
B. Time (24 Hr. Clock
MSHA Form 7000 -3, Apr 08 (revised) In accordance with the provisions of the Small Business Regulatory Enforcement Fairness Act of 1996, the Small Business Administration has
established a National Small Business and Agriculture Regulatory Ombudsman and 10 Regional Fairness Boards to receive comments from small businesses about federal agency
enforcement actions. The Ombudsman annually evaluates enforcement activities and rates each agency's responsiveness to small business. if you wish to comment on the
enforcement actions of MSHA, you may call 1- 888 -REG -FAIR (1 -888- 734 - 3247), or write the Ombudsman at Small Business Administration, Office of the National Ombudsman, 409 3rd
Street, SW MC 2120, Washington, DC 20416. Please note, however, that your right to file a comment with the Ombudsman is in addition to any other rights you may have, including
the right to contest citations and proposed penalties and obtain a hearing before the Federal Mine Safety and Health Review Commission.