Petition for Modification of Application of Existing Mandatory Safety Standards for Refuse Piles at Kepler No. 1 Prep Plant
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Kepler Processing Company, LLC has petitioned the Mine Safety and Health Administration (MSHA) to modify 30 CFR 77.214(a), which prohibits locating refuse piles over abandoned mine openings. The company wants to use coarse coal refuse to backfill and reclaim five abandoned mine portals of the inactive Kepler Sewell Mine (MSHA ID 46-09287) at the Kepler No. 1 Prep Plant in Wyoming County, West Virginia. The petition proposes sealing each opening with 25 feet of soil and rock, installing 6-inch HDPE drainage pipes, constructing an underdrain system, and maintaining a minimum 4-foot soil/rock barrier between the coal seam and refuse fill. The refuse will be placed in maximum 2-foot compacted lifts to prevent spontaneous combustion. Comments must be received by May 4, 2026.
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Key Changes
- Modification of 30 CFR 77.214(a) to allow coarse coal refuse placement over five abandoned mine openings
- Each opening back-stowed with soil and rock for 25 feet per 30 CFR 75.1711-2
- Installation of 6-inch SDR 17 HDPE pipe through each seal for water conveyance
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Obligations
What this law requires
Submit all comments on the petition to MSHA's Office of Standards, Regulations, and Variances on or before May 4, 2026
Backfill each of the five mine openings with soil and rock to a minimum length of 25 feet as specified in 30 CFR 75.1711-2
Install a 6-inch, SDR 17 high density polyethylene (HDPE) pipe through the soil/rock in each of the five seals to convey pooled water from the mine
Install an underdrain system consisting of durable rock cobbles and perforated pipe wrapped with filter fabric at the base of all mine openings along the entire portal area
Maintain a minimum 4-foot barrier of soil and rock in all directions between the coal seam and the proposed coarse coal refuse fill