W. Va. Code R. § 56-20-9

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 56-20-9 - Underground Workings

9.1. Mine workings.

9.1.a. The operator shall refrain from quarrying within five hundred (500) feet of any active or abandoned underground quarry or mine in order to prevent breakthroughs and to protect health or safety of miners: Provided, That the Director shall permit an operator to quarry near, through or partially through an abandoned underground mine/quarry or closer to an active underground mine/quarry if:

9.1.a.1. The nature, timing and sequencing of the approximate coincidence of specific quarry activities with specific underground mine/quarry activities are coordinated jointly by the operators involved and approved by the Director of the West Virginia Office of Miners' Health, Safety and Training, and

9.1.a.2. Such operations will result in improved resource recovery, abatement of water pollution or elimination of hazards to the health and safety of the public: Provided, That any breakthrough of an underground quarry or mine which does occur shall be sealed.

9.1.b. The official representative of any known underground mine/quarry shall be notified immediately when a quarry operation may in any way interfere with the safe operation of the active underground mine/quarry.

9.1.c. Special precautions shall be taken to protect the employees where excavating is being performed in the vicinity of a known abandoned underground mine/quarry which may contain a dangerous accumulation of water and/or gas.

9.1.d. All cut-throughs into underground mine/quarry workings shall be closed immediately.

9.1.e. Access to unattended mine openings shall be restricted by gates or doors, or the openings shall be fenced and posted.

9.1.f. Upon abandonment of a mine, the owner or operator shall effectively close or fence off all surface openings down which persons could fall or through which persons could fall or through which persons could enter. Upon or near all such safeguards, trespass warnings and appropriate danger notices shall be posted.

9.2. Ventilation.

9.2.a. Ventilation plan. A plan of the mine ventilation system shall be set out by the operator in written form. Revisions of the system shall be noted and updated at least annually. The ventilation plan or revisions thereto shall be submitted to the Director of the West Virginia Office Miners' Health, Safety and Training or his authorized representative for review and comments upon his written request. The plan shall, where applicable, contain the following:

9.2.a.1. The mine name;

9.2.a.2. The current mine map or schematic or series of mine maps or schematics of an appropriate scale, not greater than five hundred (500) feet to the inch, showing:

9.2.a.2.A. Direction and quantity of principal air flows;

9.2.a.2.B. Locations of seals used to isolate abandoned workings;

9.2.a.2.C. Locations of areas withdrawn from the ventilation system;

9.2.a.2.D. Locations of all main, booster and auxiliary fans;

9.2.a.2.E. Locations of air regulators and stoppings and ventilation doors;

9.2.a.2.F. Locations of overcasts, undercasts and other airway crossover devices;

9.2.a.2.G. Locations of known oil or gas wells;

9.2.a.2.H. Locations of known underground mine openings adjacent to the mine;

9.2.a.2.I. Locations of permanent underground shops, diesel fuel storage depots, oil fuel storage depots, hoist rooms, compressors, battery charging stations, electrical distribution networks and explosive storage facilities. Permanent facilities are those intended to exist for one (1) year or more;

9.2.a.2.J. Significant changes in the ventilation system projected for one (1) year;

9.2.a.2.K. Mine fan data for all active main and booster fans including manufacturer's name, type, size, fan speed, blade setting, approximate pressure at present operating point, and motor brake horsepower rating;

9.2.a.2.L. Diagrams, descriptions or sketches showing how ventilation is accomplished in each typical type of working place including the approximate quantity of air provided, and typical size and type of auxiliary fans used;

9.2.a.2.M The number and type of internal combustion engine units used underground, including make and model of unit, type of engine, make and model of engine, brake horsepower rating of engine, and approval number;

9.2.a.2.N. Unventilated areas. Unventilated areas shall be sealed or barricaded and posted against entry;

9.2.a.2.O. Auxiliary fan systems. When auxiliary fan systems are used, such systems shall minimize recirculation and be maintained to provide ventilation air that effectively sweeps the working places;

9.2.a.2.P. Construction and maintenance of ventilation doors;

9.2.a.2.Q. Ventilation doors shall be:

9.2.a.2.Q.1. Substantially constructed;

9.2.a.2.Q.2. Covered with fire-retardant material, if constructed of wood;

9.2.a.2.Q.3. Maintained in good condition;

9.2.a.2.Q.4. Self-closing, if manually operated; and

9.2.a.2.Q.5. Equipped with audible or visual warning devices, if mechanically operated.

9.2.a.2.R. Opening and closing of ventilation doors. When ventilation control doors are opened as a part of the normal mining cycle, they shall be closed as soon as possible to reestablish normal ventilation to working places.

9.2.a.2.S. Seals. Seals shall be provided with a means for checking the quality of air behind the seal and a means to prevent a water head from developing unless the seal is designed to impound water.

W. Va. Code R. § 56-20-9