45.1-161.122 - Mining in proximity to abandoned areas.
§ 45.1-161.122. Mining in proximity to abandoned areas.
A. The mine foreman shall ensure that boreholes are drilled in each advancingworking place that is (i) within 50 feet of abandoned areas in the mine asshown by surveys made and certified by a registered engineer or surveyor,(ii) within 200 feet of abandoned areas in the mine which have not beencertified as surveyed or, (iii) within 200 feet of any mine workings of anadjacent mine located in the same coal bed unless the adjacent area of themine has been pre-shift examined. The boreholes shall be at least 20 feet indepth and always maintained not less than 10 feet in advance of the face, andnot more than eight feet apart unless approved by the Chief. One boreholeshall also be drilled for each cut on sides of the active workings that arebeing driven toward, and in proximity to, an abandoned mine or part of a minewhich may contain flammable gas or which is filled with water.
B. Sufficient holes shall be drilled through to accurately determine whetherhazardous quantities of methane, carbon dioxide and other gases or water arepresent in the abandoned area. Materials shall be available to plug suchholes to prevent an inundation of hazardous quantities of gases or water ifdetected.
C. Mining shall not advance into any abandoned area penetrated by boreholesdrilled in accordance with subsection A until a plan has been submitted andapproved by the Chief. The plan will include at a minimum: (i) procedures fortesting the atmosphere at the back of boreholes drilled into the abandonedarea; (ii) the method of ventilation, ventilation controls, and the airquantities and velocities in the affected working section and working place;(iii) procedures for mining-through when hazardous quantities of methane,carbon dioxide, or other hazardous gases cannot be removed; (iv) dewateringprocedures to be used if a penetrated area contains hazardous wateraccumulation; and (v) the procedures and precautions to be followed duringmining-through operation. A copy of the plan shall be made available near thesite of the penetration operation and the operator shall review the plan withall miners involved in the operation. Failure to comply with the approvedplan shall constitute a violation of this section.
D. Any operator, his agent, mine foreman or miner engaged in drilling ormining into inaccessible abandoned areas shall have upon his person aself-contained self-rescuer.
(Code 1950, § 45-38; 1954, c. 191; 1966, c. 594, § 45.1-93; 1979, c. 56;1994, c. 28; 1996, c. 774; 2005, c. 3.)