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  Violations are still Pending   Indicates violations pending hearings, appeals, and/or other actions.  
  Violations Not Assessed   Indicates violations that have not yet been assessed.  
  107A   These are non-assessable.  
 
Assessment Process Overview
 
Note: Vacated Citations are not included in any reports on the MDRS.

Violator Contractor
ID
Citation/Order No. Case No. Date Issued Final Order Date Section of
Act
Date Terminated Citation/
Order
S & S Standard Proposed
Penalty ($)
Citation/Order
Status
Current Penalty
($)
Amount Paid
To Date ($)
Performance Coal Company     8087608   000222782 4/5/2010  7/21/2010  104(a)   4/5/2010  N   75.604(b)   224.00  Closed 224.00 224.00
A permanent cable splice in the trailing cable of the No.2 Joy continuous miner s/n JM5924 used on the right side of the Barrier Section was not effectively insulated and sealed so as to exclude moisture. The permanent cable splice located 40 feet from the continuous miner had insulated wires exposed.
 
Performance Coal Company     8087609   000222782 4/5/2010  7/21/2010  104(a)   4/6/2010  N   75.1505(b)   224.00  Closed 224.00 224.00
The emergency escape way map located on the Barrier Section was not an up to date map. The emergency escape way for the Barrier Section was not marked on the map.
 
Performance Coal Company     4642503     4/5/2010    103(k)   8/20/2012  N/A    Non-Assessable
Currently there is no text available.
 
Performance Coal Company     8098204   000222782 3/30/2010  7/21/2010  104(a)   4/9/2010  N   75.370(a)(1)   285.00  Closed 285.00 285.00
The Methane and Dust Control Plan is not being followed on 040-0 MMU, Tailgate #22 Section, in that JM6044 continuous miner is in operation and is not on the approved Methane and Dust Control Plan. JM5186 is the continuous miner that is supposed to be on this section.
 
Performance Coal Company     8085078   000222782 3/25/2010  4/7/2012  104(a)   3/30/2010  Y   72.630(b)   2,106.00  Closed 2,106.00 2,106.00
The dust collection system of the Fletcher Double Bolter serial number #97015/2008301, located on the Barrier section, MMU-062-0, has not been maintained in a permissible and operating condition. When examined the machine had just finished putting up the first row of bolts in the number 5 heading and 1) The gaskets on both dust collection doors where found to be torn and deteriorated and in need of replacement. 2) The dust filters had not been replaced when they had become full of fine rock dust as required by the manufacture, The filters showed signs of having been beaten causing the housings to become dented.3)There was fine rock dust found on the clean side of the rock dust filter media on the operator side of the machine. The dust parameter checks are to be checked and completed before the bolting machine is put into operation at the beginning of each shift it is used.
 
Performance Coal Company     8087763     3/24/2010    104(b)   3/24/2010  N/A    Non-Assessable
No apparent effort was made by the operator to remove accumulations located at the Longwall Mother Drive Belt.
 
Performance Coal Company     8086927   000222782 3/23/2010  4/7/2012  104(a)   3/23/2010  N   75.370(a)(1)   263.00  Closed 263.00 263.00
The Approve Ventilation Methane and Dust Control Plan for the 066-0 MMU is not being complied with. The Fletcher roof drill operating in the 4 to 3 cross-cut with the line curtain configuration (Blowing) the intake air to the face. The approve plan requires (Exhausting) line curtain configuration.
 
Performance Coal Company     8084612   000222782 3/23/2010  4/7/2012  104(a)   3/23/2010  N   75.325(b)   138.00  Closed 138.00 138.00
The last open cross-cut on the MMU-067 Portal Mains Section is being provided with only 7,339 CFM when measured with a Government anemometer.
 
Performance Coal Company     8086928   000222782 3/23/2010  4/7/2012  104(a)   3/23/2010  Y   75.370(a)(1)   3,405.00  Closed 3,405.00 3,405.00
The Approved Ventilation Methane and Dust Control Plan for the 066-0 MMU is not being complied with. The water sprays for the Joy 12-12 continuous miner, Ser. # JM4598B are not being maintained, 21 of 40 required sprays were inoperable and a water fitting to the spray block located above the throat was broken. This mechanized mining unit is on a reduce standard of 0.8 mg/m3.
 
Performance Coal Company     8087762   000222782 3/17/2010  7/21/2010  104(a)   3/17/2010  N   75.605   127.00  Closed 127.00 127.00
The cable supplying power to the Joy Shuttle Car S/N 17651 was not properly clamped to the reel to prevent damage and strain on the electrical connections.
 
Performance Coal Company     8087761   000222782 3/17/2010  4/7/2012  104(a)   3/17/2010  N   75.370(a)(1)   6,996.00  Closed 6,996.00 6,996.00
The operator is not following the Ventilation Plan as approved by the District Manager on the No.2 section (MMU 040-0). Belt air was flowing in the wrong direction from the section belt drive to the feeder (2 breaks). When checked with an anemometer, 12,285 CFM was found at the section dumping point.
 
Performance Coal Company     8098203   000222782 3/17/2010  7/21/2010  104(a)   3/24/2010  N   75.1712-6(a)   127.00  Closed 127.00 127.00
A sanitary toilet was not provided for the Barrier Mains section, 062-0 MMU.
 
Performance Coal Company     8087760   000222782 3/17/2010  7/21/2010  104(a)   3/24/2010  N   75.512   127.00  Closed 127.00 127.00
The operator could not produce a written record of the weekly electrical examination being done on the No.2 section (MMU 040-0) for the following equipment: (2) Joy miners S/N JM6053 and JM6044, Maintenance Scoop, Feeder, Splitter Box. The last recorded date was 3/5/10.
 
Performance Coal Company     8087758   000222782 3/16/2010  7/21/2010  104(a)   3/16/2010  N   70.220(a)   117.00  Closed 117.00 117.00
The operator has failed to notify the District Manager within three days that the No.2 section (MMU 040-0) was placed in producing status. The MMU has been producing coal since 03/08/2010.
 
Performance Coal Company     8087759   000222782 3/16/2010  7/21/2010  104(a)   3/22/2010  N   75.1202   499.00  Closed 499.00 499.00
The operator does not have an accurate and up to date mine map at either portal locations. The map does not show the ventilation changes that were made on 03/11/2010 and 3/15/2010.
 
Performance Coal Company     8087757   000222782 3/15/2010  4/7/2012  104(a)   3/15/2010  N   75.380(d)(7)(iv)   3,689.00  Closed 3,689.00 3,689.00
The secondary lifeline for the No.1 section (MMU 029-0) located at the Glory Hole, is not located in a manner for miners to use effectively to escape. The lifeline is separated for 3 breaks, 130 to 127 break.
 
Performance Coal Company     8085076   000222782 3/15/2010  7/21/2010  104(a)   3/24/2010  N   75.400   100.00  Closed 100.00 100.00
The long wall belt had accumulations of fine coal dust, black in color over top of previously rock dusted areas from the belt tail roller to the belt head. Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up.
 
Performance Coal Company     8085074   000222782 3/15/2010  7/21/2010  104(a)   3/24/2010  N   75.380(d)(7)(vii)   127.00  Closed 127.00 127.00
The double cones were missing on the secondary escape way life line at break 102 of the long wall section that showed that a branch line was present and leading to an SCSR Cache box.
 
Performance Coal Company     8085073   000222782 3/15/2010  4/7/2012  104(a)    3/24/2010 Y   75.400   2,748.00  Closed 2,748.00 2,748.00
At the drive unit of the long wall belt line located behind the drive is an accumulation of mud and slop that is up to 10 inches deep and extends from rib-to-rib and is 30 feet long. The slop is runny and has spread to the belt starter box and track where it has covered the electrical mats at the starter. Accumulations of coal and coal dust shall not be permitted to accumulate in active workings.
 
Performance Coal Company     8085077   000222782 3/15/2010  7/21/2010  104(a)   3/24/2010  N   75.400   224.00  Closed 224.00 224.00
At the five north belt drive, from behind the take-up and going inby 350 feet there is an accumulation of lose coal and fine coal dust, black in color and measuring 1/8th of a inch deep. Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up.
 
Performance Coal Company     8087756   000222782 3/15/2010  7/21/2010  104(a)   3/22/2010  N   75.1722(a)   285.00  Closed 285.00 285.00
The tail roller for the No.1 section tailpiece is not guarded to protect persons from contacting the exposed moving parts. The exposed roller when measured is, 8 feet wide and 24 inches high.
 
Performance Coal Company     8087755   000222782 3/15/2010  4/7/2012  104(a)   3/15/2010  Y   75.400   2,282.00  Closed 2,282.00 2,282.00
The No.1 section (MMU 029-0) belt tailpiece has accumulations of loose coal and float coal dust under the tail roller. When measured, the accumulations are up to 6 inches deep and the width of the tailpiece (8 feet).
 
Performance Coal Company     8085075   000222782 3/15/2010  7/21/2010  104(a)   3/24/2010  N   75.380(d)(7)(vii)(A)  127.00  Closed 127.00 127.00
At break 102 of the long wall section secondary escape way life line, the life line was not marked with the SCSR cache signal to show that the branch line led to 2 boxes of SCSR's.
 
Performance Coal Company     8090315   000216722 3/11/2010  5/19/2010  104(a)   3/15/2010  N   75.333(c)(1)   162.00  Closed 162.00 162.00
The personnel doors on 2 north belt between crosscut 67 and crosscut 57 are 1,000 feet apart.The distance between personnel doors shall be no more than 600 feet in seam height 48 inches or higher.
 
Performance Coal Company     8090312   000216722 3/11/2010  5/19/2010  104(a)   3/15/2010  N   75.370(a)(1)   243.00  Closed 243.00 243.00
The operator was not following the ventilation plan approved by the district manager. The air ventilating seals, sets 15 thru 8, was moving in the wrong direction.
 
Performance Coal Company     8090313   000216722 3/11/2010  4/7/2012  104(a)   3/15/2010  Y   75.202(a)   4,689.00  Closed 4,689.00 4,689.00
Outby crosscut 60 on 2 north belt in the seal air course, the roof where person work or travel is not being supported or otherwise controlled to protect persons from hazards related to falls of the roof. There is a area 12 feet long by 20 feet wide that has no support. The examiner is required to travel this area weekly.
 
Performance Coal Company     8090316   000216722 3/11/2010  4/7/2012  104(a)   3/15/2010  Y   75.202(a)   4,689.00  Closed 4,689.00 4,689.00
Two crosscut outby the track overcast in the seal air course, at the crosscut leading to the head gate 17 sump pump, break 58 on two north belt there are eleven loose timbers, and five timbers had fallen out exposing 12 feet of unsupported roof between the rib and the first bolt. Areas where persons work or travel shall be supported or otherwise controlled to protect persons from hazards related to falls of the roof.
 
Performance Coal Company     8090314   000216722 3/11/2010  5/19/2010  104(a)   3/15/2010  N   75.333(h)   176.00  Closed 176.00 176.00
The intake overcast at the Barrier section is not being maintained to serve the purpose for which it was built. There are six blocks missing from the right corner looking inby.
 
Performance Coal Company     9968858   000216722 3/10/2010  4/7/2012  104(a)   4/30/2010  N   70.207(a)   540.00  Closed 540.00 540.00
The mine operator did not submit five (5) valid respirable dust samples during the January/February 2010 bimonthly sampling cycle on the Mechanized Mining Unit 050-0, as shown in the attached Advisory No. 0215 dated March 8, 2010.
 
Performance Coal Company     8087753   000216722 3/9/2010  5/19/2010  104(a)   3/15/2010  N   75.220(a)(1)   946.00  Closed 946.00 946.00
The operator is not following the Roof Control Plan as approved by the District Manager. Located at SS# 24125 in No.2 entry in the primary escapeway, the 2 to 1 crosscut when measured is, 36 feet wide corner to corner at the start of the turn and does not reduce to 20 feet wide until 16 feet into the crosscut. Page 12, drawing 2 shows a maximum of 26 feet in width corner to corner at the start of turned crosscuts and shall be reduced to 20 feet wide within 6 feet of the turn.
 
Performance Coal Company     8087751   000216722 3/9/2010  5/19/2010  104(a)   3/9/2010  N   75.360(f)   162.00  Closed 162.00 162.00
The person/persons conducting the preshift examination on the electrical distribution box S/N 10525-497 located at the Glory Hole did not certify by date, time and initials to show that an examination has been made. The last date found was 3/8/10 at 12:04 PM by SH.
 
Performance Coal Company     8087754   000216722 3/9/2010  4/7/2012  104(a)   3/15/2010  N   75.400   1,795.00  Closed 1,795.00 1,795.00
The CLA Forklift S/N 153, being used for supplying the No.1 section has accumulations of combustible material on the machine. Hydraulic oil has accumulated on top of the pump compartment on the surface and down the sides of the machine.
 
Performance Coal Company     8086204   000216722 3/9/2010  5/19/2010  104(a)   3/17/2010  N   75.220(a)(1)   190.00  Closed 190.00 190.00
The 12 of the approved roof control plan is not being complied with in the no. 1 entry, at the coal feeder the inby opening was measured 33 ft. wide.
 
Performance Coal Company     8086202   000216722 3/9/2010  5/19/2010  104(a)   3/17/2010  N   75.360(e)   138.00  Closed 138.00 138.00
Up to date, date-time and initials are not present at the no.3 scoop charger.
 
Performance Coal Company     8078839   000216722 3/9/2010  5/19/2010  104(a)   3/9/2010  N   75.514   127.00  Closed 127.00 127.00
The cable splice on the no. 1 continuous miner on mmu 040 is not being insulated to the same degree as the outer jacket.
 
Performance Coal Company     8103337   000216722 3/9/2010  4/7/2012  104(d)(2)   3/11/2010  N   75.370(a)(1)   4,000.00  Closed 4,000.00 4,000.00
The approved mine ventilation plan, approved 8/09/09 and re-approved 1/22/10 was not being followed in the tailgate entries of the longwall panel. The air was going outby in the No. 5-7 entries from the longwall face (return air) to the mouth of the section instead of intake air going inby from the mouth of the section to the longwall tail. The regulator at survey station 22412 was not present and instead was a permanent stopping blocking intake air from ventilating the tailgate entries.
 
Performance Coal Company     8084609   000216722 3/9/2010  5/19/2010  104(a)   3/9/2010  N   75.400   207.00  Closed 207.00 207.00
Accumulation of coal float dust (black in color) is allowed to accumulate on rockdust surface along the Section belt for the 22 Head gate MMU-029 Section beginning from the section tailpeice outby for a distance of 360 feet.
 
Performance Coal Company     8078837   000216722 3/9/2010  5/19/2010  104(a)   3/9/2010  N   75.380(d)(7)(i)   499.00  Closed 499.00 499.00
The lifeline in the primary escape way for mmu 040 is not being maintained throughout the entire length of the escape way, the lifeline is running through the blocks not over the overcast.
 
Performance Coal Company     8078836   000216722 3/9/2010  4/7/2012  104(a)   3/9/2010  Y   75.380(d)(6)   3,689.00  Closed 3,689.00 3,689.00
The Intake overcast at break 12 is not provided with ladders, stairways, ramps, or similar facilities to allow person to cross, and travel to the surface.
 
Performance Coal Company     8084611   000216722 3/9/2010  5/19/2010  104(a)   3/15/2010  N   75.400   207.00  Closed 207.00 207.00
Accumulation of combustible material (lubricants and loose coal) is allowed to accumlate under shields on the frame of the Fairchild service scoop S/N 1253 at various deeps, being used on the 22 Headgate MMU-029 section.
 
Performance Coal Company     8086203   000216722 3/9/2010  5/19/2010  104(a)   3/17/2010  N   75.360(e)   138.00  Closed 138.00 138.00
Up to date, date-time and initial is not present at the no. 1 scoop charger on mmu 040
 
Performance Coal Company     8087752   000216722 3/9/2010  5/19/2010  104(a)   3/15/2010  N   75.816(b)   127.00  Closed 127.00 127.00
The 12,470 high voltage cable supplying power to the No.1 and No.2 section is not guarded to minimize the possibility of miners contacting the cables and protect the cable from damage. Located at the air lock doors, at the mouth of No.1 section, when opening the outby set of doors, the door comes in contact with the high voltage cable and pushes the cable against the block used in the doors.
 
Performance Coal Company     8084610   000216722 3/9/2010  5/19/2010  104(a)   3/9/2010  N   75.1106-2(a)(3)   127.00  Closed 127.00 127.00
A compress gas cylinder (oxygen tank) being transported on the maintance scoop on the 22 Headgate MMU-029 section is not provided with a metal cap to protect the valve stem during transportion of the cylinder.
 
Performance Coal Company     8086201   000216722 3/9/2010  5/19/2010  104(a)   3/9/2010  Y   75.904   1,412.00  Closed 1,412.00 1,412.00
The circuit breaker for the welder at the KVA box on mmu 040 is not properly identified, the circuit breaker is identified as scoop charger.
 
Performance Coal Company     8078840   000216722 3/9/2010  4/7/2012  104(a)   3/9/2010  Y   75.904   1,412.00  Closed 1,412.00 1,412.00
The circuit breaker for the No. 1 s/car on mmu 040 at the section power center, is not identified.
 
Performance Coal Company     8078838   000216722 3/9/2010  5/19/2010  104(a)   3/17/2010  N   75.203(e)(1)   127.00  Closed 127.00 127.00
The No. 2 entry on mmu 040 beginning at spad 23769 and extending outby for a distance of 80 ft. was measured 21ft. To 22 ft. wide.
 
Performance Coal Company     8087750   000216722 3/8/2010  4/7/2012  104(a)   3/8/2010  Y   75.604(b)   3,405.00  Closed 3,405.00 3,405.00
The Joy continuous miner S/N JM5811 being used on the No.1 section (MMU 029-0) has a splice approximately 100 feet from the machine that is not effectively insulated and sealed so as to exclude moisture. On one end of the splice the tape and wrap has rolled up and is exposing the shielding on the conductors. The cable was laying in standing water and .20% methane was detected on a handheld Solaris at the location of the splice.
 
Performance Coal Company     8087747   000216722 3/2/2010  4/7/2012  104(a)   3/8/2010  N   75.380(d)(7)(vii)(B)  1,111.00  Closed 1,111.00 1,111.00
The branch line leading from the lifeline to the refuge alternative in the primary escapeway on the No.1 section (MMU 029-0) is not marked with a rigid spiraled coil at least eight inches in length.
 
Performance Coal Company     8087748   000216722 3/2/2010  4/7/2012  104(a)   3/2/2010  N   75.380(d)(7)(iv)   1,111.00  Closed 1,111.00 1,111.00
The primary escapeway lifeline on the No.1 section (MMU 029-0)is not located in such a manner for miners to use to effectively escape. The old secondary escapeway lifeline was hung and tied together with the primary escapeway lifeline for three breaks at the mouth of the active section.
 
Performance Coal Company     8087746   000216722 3/2/2010  4/7/2012  104(a)   3/2/2010  N   75.220(a)(1)   3,405.00  Closed 3,405.00 3,405.00
The operator is not following the Roof Control Plan as approved by the District Manager on the No.1 section (MMU 029-0). Located in the No.3 entry, the crosscut from No.2 entry had been holed through to No.3 entry and no reflective material was hung to indicate the location of unsupported roof.
 
Performance Coal Company     9968854   000216722 3/2/2010  5/19/2010  104(a)   5/13/2010  Y   70.100(a)   2,473.00  Closed 2,473.00 2,473.00
Based on the results of five valid respirable dust samples collected by the operator, the average concentration of respirable dust in the working environment of the designated occupation in the 066-0 mechanized mining unit was 3.316 mg/m3, which exceeded the applicable limit of 2.0 mg/m3. Management shall take corrective actions to lower the respirable dust concentration and submit these changes in writing to the District Manager in the form of an updated Methane and Dust Control plan. After the plan is approved by the District Manager, abatement sampling may begin.
 
Performance Coal Company     8087744   000216722 3/2/2010  4/7/2012  104(d)(2)   3/2/2010  Y   75.370(a)(1)   38,503.00  Closed 38,503.00 38,503.00
The operator is not following the Ventilation Plan as approved by the District Manager on the No.1 section (MMU 029-0) under the Methane Dust Control, in that, the minimum amount of air in the last open crosscut is not maintained at 15,000 CFM. When checked with an anemometer only 7,448 CFM was found in the last open crosscut, 2 to 3 entry.
 
Performance Coal Company     8087745   000216722 3/2/2010  4/7/2012  104(a)   3/2/2010  N   75.220(a)(1)   3,405.00  Closed 3,405.00 3,405.00
The operator is not following the Roof Control Plan as approved by the District Manager on the No.1 section (MMU 029-0) on Pg.12, drawing No.2, the maximum width of turns on crosscuts is 26 feet from corner to corner. Located in the 2 to 3 crosscut at SS# 24493 in the No.2 entry, the width is 30 feet corner to corner when measured.
 
Performance Coal Company     8087749   000216722 3/1/2010  5/19/2010  104(a)   3/2/2010  N   75.512   127.00  Closed 127.00 127.00
The operator could not produce a written record of the weekly electrical examination being conducted on the No.1 section (MMU 029-0) for the following equipment: 1) Joy Miner S/N JM5811, 2) Joy Miner S/N JM4918, 3) Fletcher Bolter S/N 2004328, 4) Joy Shuttle Car S/N ET17504, 5) DBT Feeder S/N DBT54-2147, 6) AEI Section Power Center S/N 27011-2500-206 for the week ending 2/27/2010. The last recorded date was 2/20/2010.
 
Performance Coal Company     8087742   000216722 3/1/2010  5/19/2010  104(a)   3/1/2010  N   75.517   634.00  Closed 634.00 634.00
The 480 volt cable that supplies power to the Joy 10 S/C Shuttle Car S/N ET16084, being used on the No.3 section (MMU's 066/067) is not protected from damage. Located 2 crosscuts outby the face the cable has been ran over for approximately 100 feet by another piece of equipment. Tire tracks are visible on the cable.
 
Performance Coal Company     8087743   000216722 3/1/2010  5/19/2010  104(a)   3/1/2010  N   75.360(g)   1,304.00  Closed 1,304.00 1,304.00
The person/persons doing the pre-shift examination for the No.3 section (MMU's 066/067) has failed to report in the designated pre-shift book a record of hazardous conditions and their locations found by the examiner. The results of the air and methane measurements, and the action taken to correct hazardous conditions found during the preshift examination have not been recorded.
 
Performance Coal Company     8087739   000216722 2/24/2010  5/19/2010  104(a)   2/24/2010  N   75.360(f)   162.00  Closed 162.00 162.00
The person conducting the preshift examination on the AEI belt starter S/N 27480-500-1008 at old 3 head for section 2, did not certify by Date, Time and Initials that the examination had been made. The last recorded date found was 2/23/10 at 1:44 P.M.
 
Performance Coal Company     8087738   000216722 2/24/2010  5/19/2010  104(a)   2/24/2010  N   75.515   190.00  Closed 190.00 190.00
The 480 volt cable for the No.2 charger located at the Ellis No.5 belt drive is not entering the metal frame through a proper fitting, allowing movement of the cable inside the charger.
 
Performance Coal Company     8087740   000216722 2/24/2010  5/19/2010  104(a)   2/26/2010  N   75.202(a)   460.00  Closed 460.00 460.00
The roof and ribs of areas where persons are required to work or travel is not supported or otherwise controlled to protect persons from hazards related to falls of roof and ribs. Located between 50 and 51 break of north mains on 5 north belt at the SCSR cache. The right rib looking outby has a separation from the roof with a visible gap, also several vertical cracks are visible in the rib. The rib when measured is 36 feet in length, overall height in area is 6 1/2 feet with 22 inches of rock and 56 inches of coal.
 
Performance Coal Company     9968852   000216722 2/24/2010  5/19/2010  104(a)   3/18/2010  N   90.208(a)   425.00  Closed 425.00 425.00
The mine operator did not submit five (5) valid respirable dust samples during the Transition Period for Part 90 Miner, M82240234, as shown in the attached Advisory No. 0213 dated February 19, 2010.
 
Performance Coal Company     8087741   000216722 2/24/2010  5/19/2010  104(a)   2/24/2010  N   75.380(d)(7)(vii)(A)  1,111.00  Closed 1,111.00 1,111.00
The branch line leading from the secondary lifeline to an SCSR cache at #10 break on 4 north belt track entry is not marked with four cones with the base sections in contact to form 2 diamond shapes.
 
Performance Coal Company     8087737   000216722 2/23/2010  5/19/2010  104(a)   2/23/2010  N   77.1109(a)   127.00  Closed 127.00 127.00
The Sullair diesel compressor being used at the Bandy Town fan was not provided with a portable fire extinguisher.
 
Performance Coal Company     8087736   000216722 2/23/2010  5/19/2010  104(a)   2/23/2010  N   75.312(g)(1)   100.00  Closed 100.00 100.00
The operator could not produce a record for the daily mine fan examination for the Bandy Town mine fan for 2/22/2010. The last recorded date was 2/21/2010. By the end of the shift on which the examination is made, person shall record examination.
 
Performance Coal Company     8087734   000216722 2/18/2010  4/7/2012  104(d)(2)   2/19/2010  Y   75.220(a)(1)   21,993.00  Closed 21,993.00 21,993.00
The operator is not following the Roof Control Plan as approved by the District Manager. Located at the rehabilitation area for the new Barrier section, entries and crosscuts are from 20 1/2 feet to 24 feet in width. Survey spads could not be found in the area but according to the location of the North Mains track it would be 60,61, and 62 break. Three entries are being rehabbed in this area. Crosscut No.1 to No.2 is 20 1/2 feet to 23 1/2 feet wide for a distance of 82 feet. Crosscut No.2 to No.3 is 20 1/2 feet to 23 1/2 feet wide for a distance of 75 feet. The No.2 entry is 21 feet to 24 feet wide for a distance of 72 feet.To add: Page 12, Drawing 2 shows a maximum of 20 feet in width in crosscuts and entries.
 
Performance Coal Company     8087735   000216722 2/18/2010  5/19/2010  104(a)   2/22/2010  N   75.380(d)(7)(vii)(A)  263.00  Closed 263.00 263.00
The branch line leading to the SCSR cache located on the North Mains Track, at break 60, was not provided with the proper directional cones forming two diamond shapes.
 
Performance Coal Company     8087732   000216722 2/17/2010  4/7/2012  104(a)   2/17/2010  Y   75.1725(a)   1,203.00  Closed 1,203.00 1,203.00
The AEI line splitter S/N 8548-1195 located at 66 break on the North Mains track is not being maintained in safe operating condition. The 12,470 high voltage cable entering the input side of the splitter is not strained to prevent movement of the cable. The cap that connects the strain to the box has unthreaded allowing movement of the cable. Also, the lid bolt on the back lid of the box was missing, allowing the lid to be lifted on one side. The splitter box was removed from service.
 
Performance Coal Company     8087730   000216722 2/17/2010  4/7/2012  104(a)   2/18/2010  Y   75.202(a)   2,106.00  Closed 2,106.00 2,106.00
The roof and ribs of areas where persons are required to work or travel is not supported or otherwise controlled to protect persons from hazards related to falls of the roof and ribs. Located at the AEI splitter box S/N 17514-402, a brow on the outby corner of the coal pillar is loose with a visible gap along the roof. Two timbers and one jack were installed in the area but are not firmly against the mine roof and have been placed on the falling material.
 
Performance Coal Company     8087733   000216722 2/17/2010  4/7/2012  104(a)   2/22/2010  Y   75.202(a)   3,689.00  Closed 3,689.00 3,689.00
The roof and ribs of areas where persons are required to work or travel is not supported or otherwise controlled to protect persons from hazards related to falls of the roof and ribs. Located between 101 break and 102 break on the North Mains track, a piece of rock in the mine roof and extending down into the rib measuring 7 feet wide, 16 feet long, and up to 18 inches thick with a gap of up to 5 inches is present along the track entry with no support.
 
Performance Coal Company     8087731   000216722 2/17/2010  4/7/2012  104(a)   2/18/2010  Y   75.202(a)   16,867.00  Closed 16,867.00 16,867.00
The roof where persons are required to work or travel is not supported or otherwise controlled to protect persons from hazards related to falls of roof. Located at 59 break on North Mains track, roof has fell out from around the roof bolts in the intersection and both crosscuts adjacent to the intersection exposing up to 18 inches of the primary roof support. Red caution tape had been placed from a timber to a crib in the area, but the roof has fell, covering up the caution tape.
 
Performance Coal Company     8087728   000216722 2/16/2010  4/7/2012  104(a)   2/17/2010  N   75.333(b)(3)   1,111.00  Closed 1,111.00 1,111.00
The permanent stopping located at #26 break on No.3 section #1 belt is not being maintained, in that the belt conveyor haulageway and intake air course for the No.3 section (MMU's 066/067) is not separated. A hole is present in the stopping measuring 8x16 inches.
 
Performance Coal Company     8087729   000216722 2/16/2010  4/7/2012  104(a)   2/17/2010  Y   75.400   2,282.00  Closed 2,282.00 2,282.00
The AL Lee forklift S/N E-9914 being used to supply the No.3 section (MMU's 066/067) has accumulations of loose coal, float dust, and oil build up in the operators compartment and around the tram/brake pedals. When measured the accumulations are 32 inches wide and up to 3 inches deep.
 
Performance Coal Company     8087727   000216722 2/16/2010  4/7/2012  104(a)   2/17/2010  Y   75.340(a)(2)(i)   5,503.00  Closed 5,503.00 5,503.00
The No.1 and No.2 Ground Hog Scoop chargers, S/N GB28171 and GJ42597 located in the intake air course for the No.3 section (MMU's 066/067) at survey station No.24106 is not ventilated to the return air course or to the surface. The Intake air is flowing across the charging stations to the active working section.
 
Performance Coal Company     8087724   000214081 2/11/2010  4/21/2010  104(a)   2/16/2010  N   75.203(b)   138.00  Closed 138.00 138.00
The sightline used for directional control to maintain the projected direction of mining in the No.6 entry was not adequate, causing a narrow block of coal to exist between the No.6 and No.7 entries. The inby corners of the outby coal pillar was 22 feet, corner to corner when measured.
 
Performance Coal Company     8087725   000214081 2/11/2010  4/21/2010  104(a)   2/16/2010  N   75.203(e)(2)   138.00  Closed 138.00 138.00
The crosscut of the No.2 to No.1 entries has excessive width for more the 5 feet. When measured the width of the crosscut was from 20 1/2 feet to 21 1/2 feet wide for a distance of 32 feet.
 
Performance Coal Company     8087723   000214081 2/11/2010  4/21/2010  104(a)   2/11/2010  N   75.220(a)(1)   207.00  Closed 207.00 207.00
The operator is not following the Roof Control Plan as approved by the District Manager. On the No.3 section (MMU's 066/067) the face of the No.6 entry is 29 feet wide for a distance of 8 feet. Page 12, drawing 2 shows the maximum width of entries and crosscuts shall not exceed 20 feet.
 
Performance Coal Company     8087726   000214081 2/11/2010  4/21/2010  104(a)   2/11/2010  N   75.380(d)(7)(i)   162.00  Closed 162.00 162.00
The secondary lifeline on the No.3 section which miners are to use to exit the mine in emergency situations was not extended to section loading point. The lifeline was located 2 crosscuts outby the section loading point.
 
Performance Coal Company     8087722   000214081 2/9/2010  4/21/2010  104(a)   3/1/2010  N   75.204(c)(1)   285.00  Closed 285.00 285.00
In various locations along the North Mains intake air course, from 58 break to 108 break, the bearing plates of the roof bolts are not firmly against the roof. The roof has fell out from around the bolts, causing the plates not to be in contact with the mine roof.
 
Performance Coal Company     8087721   000214081 2/9/2010  4/21/2010  104(a)   2/9/2010  N   75.360(g)   127.00  Closed 127.00 127.00
The Pre-Shift/On-Shift record book for the No.3 section has not been countersigned by the Mine Foreman or equivalent mine official. The last date signed was for the day shift on 02/06/2010.
 
Performance Coal Company     8090275   000214081 2/8/2010  4/21/2010  104(a)   2/18/2010  N   75.403   127.00  Closed 127.00 127.00
Based on the results of a laboratory analysis of a rock dust survey, conducted 12/22/2009 on the #4 section, the survey was non-complaint. There were nineteen of twenty two samples that were taken that were less than 65 per centum of incombustible content in the intake and less than 80 per centum of incombustible content in the return.
 
Performance Coal Company     8090274   000214081 2/8/2010  4/21/2010  104(a)   2/17/2010  N   75.403   127.00  Closed 127.00 127.00
Based on the results of a laboratory analysis of a rock dust survey, conducted 1/26/2010 on the #3 unit, the survey was non-complaint. Two out of two samples taken were less than 65 per centum of combustible content.
 
Performance Coal Company     8090273   000214081 2/4/2010  4/7/2012  104(a)   2/4/2010  Y   75.517   3,143.00  Closed 3,143.00 3,143.00
The trailing cable on shuttle car, serial #ET17640 located on the #4 section, was not insulated adequately and fully protected. There was a inch cut in the outer and inner insulation exposing bare wire. This condition creates a shock hazard.
 
Performance Coal Company     8090269   000214081 2/4/2010  4/21/2010  104(a)   2/4/2010  Y   75.202(a)   1,412.00  Closed 1,412.00 1,412.00
The rib along the side of the power center, located on the #4 section, where persons work or travel is not being supported or otherwise controlled to protect persons from hazards related to rib rolls. The rib measured 15 feet in length, 5 inches thick and up to 32 inches wide. There were vertical gaps of up to 3 inches and 3 inch horizontal gaps at the mine roof.
 
Performance Coal Company     8090271   000214081 2/4/2010  4/7/2012  104(a)   2/4/2010  Y   75.604(b)   3,143.00  Closed 3,143.00 3,143.00
Two permanent splices in the cable supplying power to the middle shuttle car, serial #17683 located on the #4 section, were not effectively sealed and insulated to exclude moisture.
 
Performance Coal Company     8090268   000214081 2/4/2010  4/21/2010  104(a)   2/4/2010  N   75.1403   334.00  Closed 334.00 334.00
The #2 move box installed at spad #6311 was too close to the track. Twenty four inches of clearance is required, when measured there was 8 inches of clearance.
 
Performance Coal Company     8090270   000214081 2/4/2010  4/7/2012  104(a)   2/4/2010  Y   75.517   3,143.00  Closed 3,143.00 3,143.00
The cable supplying power to the middle shuttle car, serial #17683, located on the #4 section is not adequately insulated and fully protected in that there was a 5/8 inch wide cut in the outer jacket exposing a bare conductor.
 
Performance Coal Company     8090272   000214081 2/4/2010  4/21/2010  104(a)   2/4/2010  N   75.380(d)(7)(iv)   127.00  Closed 127.00 127.00
The secondary escapeway off of the #4 unit was not provided with a continuous lifeline that was located in such a manner for miners to use for an effective escape in that the lifeline was entangled with a cable at the Plumley switch.
 
Performance Coal Company     8090267   000214081 2/4/2010  4/7/2012  104(a)   2/4/2010  Y   75.1403   1,657.00  Closed 1,657.00 1,657.00
When checked all four of the sanding devices, on the #8 ALE mantrip serial #E9603, were inoperative.
 
Performance Coal Company     8072766   000214081 1/28/2010  4/21/2010  104(a)   1/28/2010  N   75.342(a)(4)   190.00  Closed 190.00 190.00
The #2 Joy continuous mining machine (serial# JM5811) being used on the Headgate #22 (#1 Section) MMU 029-0 methane monitor is not being maintained in permissible and proper operating condition. The methane monitor readout has -.3% methane on the screen.
 
Performance Coal Company     8072770   000214081 1/28/2010  4/21/2010  104(a)   2/2/2010  N   75.1702   190.00  Closed 190.00 190.00
The operator does not have no smoking signs located at the portals of the mine on the Ellis punch-out side.
 
Performance Coal Company     8072765   000214081 1/28/2010  4/21/2010  104(a)   1/28/2010  N   75.380(d)(4)(iv)   540.00  Closed 540.00 540.00
The primary escapeway lifeline for the Headgate #22 (#1 Section) MMU 029-0 is not located in such a manner for miners to use effectively to escape. The lifeline is tangled with the leaky feeder cable two break outby spad# 24091.
 
Performance Coal Company     8072769   000214081 1/28/2010  4/21/2010  104(a)   2/8/2010  N   75.400   308.00  Closed 308.00 308.00
The #1 beltline for the Headgate#22 (#1 Section) MMU 029-0 has float coal dust along the entire beltline from the #1 belt head to the #1 tailpiece. Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up and not be permitted to accumulate in active workings, or on diesel-powered and electric equipment therein
 
Performance Coal Company     8072768   000214081 1/28/2010  4/21/2010  104(a)   2/8/2010  N   75.333(c)(2)   190.00  Closed 190.00 190.00
The mandoors located three, eight and ten breaks outby the Headgate#22 (#1 Section) MMU 029-0 power center in the primary escapeway does not have mandoor signs.The location of all personnel doors in stoppings along escapeways shall be clearly marked so that the doors may be easily identified by anyone traveling in the escapeway and in the entries on either side of the doors.
 
Performance Coal Company     8072767   000214081 1/28/2010  4/21/2010  104(a)   1/28/2010  N   75.370(a)(1)   362.00  Closed 362.00 362.00
The operator is not following ventilation plan on the Headgate#22 (#1 Section) MMU 029-0. The ventilation plan required that the operator has 3,000 CFM of air in all idle faces. The operator only has 2,597 CFM of air in the #1 face when taken with a calibrated anemometer.
 
Performance Coal Company     8090266   000214081 1/27/2010  4/7/2012  104(a)   2/1/2010  N   75.380(d)(7)(vii)   1,111.00  Closed 1,111.00 1,111.00
The secondary lifeline at the plumley switch does not have two securely attached directional cones install consecutively indicating a branch line immediately ahead.
 
Performance Coal Company     8087719   000214081 1/27/2010  4/21/2010  104(a)   2/8/2010  N   75.364(b)(1)   127.00  Closed 127.00 127.00
The intake air course for the No.1 section (MMU 029-0) can not be traveled in its entirety. Located between 129 break and 130 break at the Glory Hole, water has accumulated to a depth of at least 16 inches, for a distance of 90 feet, and is rib to rib. The water is dark in color that would not allow a person to see slip, trip, and fall hazards.
 
Performance Coal Company     8090264   000214081 1/27/2010  4/21/2010  104(a)   1/27/2010  N   77.1110   285.00  Closed 285.00 285.00
The fire extinguishers at the 114 Hauler Charger on the surface was not continuously maintained in a usable and operative condition. Two extinguisher were not showing any pressure according to the extinguisher gauge.
 
Performance Coal Company     8090265   000214081 1/27/2010  4/21/2010  104(a)   1/27/2010  N   75.1505(b)   499.00  Closed 499.00 499.00
The escapeway map were miners congregate is not up-to-date. The cut through on #4 section and the double doors on #4 section are not shown on the map. The #3 section is nine breaks behind.
 
Performance Coal Company     8087718   000214081 1/27/2010  4/7/2012  104(a)   1/27/2010  Y   75.380(d)(7)(iv)   5,503.00  Closed 5,503.00 5,503.00
The secondary escapeway lifeline is not located in such a manner for miners to effectively use to escape in emergency situations. At 2 locations along the escapeway, (1) Ellis switch, (2) 78 break switch at 6 North belt drive, the lifeline is tangled with other cables and waterlines.
 
Performance Coal Company     8087720   000214081 1/27/2010  4/21/2010  104(a)   2/8/2010  N   75.360(f)   162.00  Closed 162.00 162.00
The persons conducting the pre-shift examinations of the intake room located at 147 break on Old North Mains, has not certified by dates, times, and initials that an examination was made. The only dates found was the pre-shift for the Evening Shift for the dates of 1/21/2010 to 1/26/2010, times varied from 12:00pm to 12:30pm for the dates, and the initials were from [Name Redacted] and [Name Redacted].
 
Performance Coal Company     8090263   000214081 1/26/2010  4/7/2012  104(a)   1/27/2010  Y   75.1722(b)   1,412.00  Closed 1,412.00 1,412.00
The tail pulley at the #1 south belt tailpiece is not guarded properly. The guard does not extend a distance sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and pulley. There is a opening on the left side of the tailpiece, looking outby, measuring 31x12 inches and is 12 inches from the rotating pulley.
 
Performance Coal Company     8090262   000214081 1/25/2010  4/21/2010  104(a)   2/1/2010  N   77.205(e)   190.00  Closed 190.00 190.00
The elevated walkway between the north and south portals, right side traveling north to south, is not being maintained in good condition in that the grated metal is bent and is creating a tripping hazard.
 
Performance Coal Company     8090259   000214081 1/20/2010  4/21/2010  104(a)   1/21/2010  N   75.512   224.00  Closed 224.00 224.00
The #2 Fairchild scoop, serial #T339-145-R, being operated on the #3 section was not being maintained in that the battery plug on the operators side was not properly assembled, also the conduit was that was protecting the leads from the battery to the breaker box had been cut and the cable was visible.
 
Performance Coal Company     8090261   000214081 1/20/2010  4/21/2010  104(a)   1/20/2010  N   75.1731(b)   207.00  Closed 207.00 207.00
The #3 unit section belt was not properly aligned to prevent rubbing against the structure. The belt was rubbing structure at thirty feet inby spad #22594. There was a groove rubbed into the structure measuring one inch in depth. The belt was rubbing in other locations also.
 
Performance Coal Company     8090258   000214081 1/20/2010  4/7/2012  104(a)   1/20/2010  Y   75.604(b)   3,143.00  Closed 3,143.00 3,143.00
The #2 cable providing 480vac to the #2 shuttle car being operated on the #3 section has a splice that is not effectively sealed and insulated as to exclude moisture. Insulated wires and MSHA approved tape could be seen through the outer jacket.
 
Performance Coal Company     8090260   000214081 1/20/2010  4/21/2010  104(a)   1/21/2010  N   75.1100-2(b)   224.00  Closed 224.00 224.00
The fire hose outlet spacing was wrong at the second outlet outby the tailpiece of the #3 unit section belt. Fire hose outlets shall be installed at intervals of 300 feet. The second fire valve was at 440 feet.
 
Performance Coal Company     8087717   000214081 1/19/2010  4/21/2010  104(a)   1/20/2010  Y   75.202(a)   2,473.00  Closed 2,473.00 2,473.00
The ribs along the walkway side on 4 North belt between 34 and 35 break where persons are required to work or travel are not supported or otherwise controlled to protect persons from hazards related to falls of ribs. When measured, the rib is 11 feet long, 7 feet high (5 feet coal and 2 feet rock), and 9 inches thick with a gap opening the measured 5 inches. It is 6 feet between the rib and the structure of the belt line.
 
Performance Coal Company     8087715   000214081 1/19/2010  4/7/2012  104(a)   1/20/2010  N   75.1731(a)   499.00  Closed 499.00 499.00
At two locations along the Ellis No.5 belt, there were damaged rollers in the belt line. At 23 to 24 break, middle canister damaged on top structure, at 28 to 29 break, middle canister damaged on top structure.
 
Performance Coal Company     8087714   000214081 1/19/2010  4/7/2012  104(a)   1/19/2010  N   75.1731(b)   499.00  Closed 499.00 499.00
The Ellis No.5 belt is not properly aligned to prevent the belt from rubbing against the structure. Located between No.8 and No.9 break of No.5 Ellis belt, the bottom belt is rubbing seven bottom roller hangers.
 
Performance Coal Company     8087716   000214081 1/19/2010  4/7/2012  104(a)   1/20/2010  N   75.400   807.00  Closed 807.00 807.00
The Ellis No.5 belt line has accumulations of loose wet coal and coal fines along the walkway side of the belt line. When measured the accumulations where, 100 feet in length, up to 4 feet in width , and up to 6 inches deep.
 
Performance Coal Company     8087713   000214081 1/19/2010  4/7/2012  104(a)   1/20/2010  N   75.400   807.00  Closed 807.00 807.00
The Ellis No.5 belt drive has accumulations of loose wet coal and coal fines underneath the drive rollers, and extend to the stationary roller for the take up. The accumulations when measured were up to 20 inches deep, 4 feet in width, and 10 feet in length.Terminated violation under wrong citation number.
 
Performance Coal Company     8072762   000211471 1/15/2010  3/24/2010  104(a)   1/15/2010  N   75.380(d)(7)(iv)   687.00  Closed 687.00 687.00
The secondary lifeline for the Longwall (MMU 050-0) is not located in such a manner for miners to use effectively to escape. The lifeline is tangled up with several cables along the longwall beltline.
 
Performance Coal Company     8090257   000211471 1/13/2010  3/24/2010  104(a)   1/20/2010  N   75.701   263.00  Closed 263.00 263.00
The transformer for the #1 four unit belt drive has a bolt missing from one of the lids. This is not consistent with the grounding methods approved by the authorized representative.
 
Performance Coal Company     9968823   000211471 1/12/2010  3/24/2010  104(a)   4/8/2010  N   70.207(a)   176.00  Closed 176.00 176.00
The mine operator did not submit a valid respirable dust sample during the November/December 2009 bimonthly sampling cycle on the MMU 062-0, as shown in the attached Advisory No. 0212 dated January 7, 2010.
 
Performance Coal Company     8087711   000211471 1/11/2010  4/7/2012  104(a)   1/19/2010  N   75.1505(a)   1,026.00  Closed 1,026.00 1,026.00
The escapeway map located on the surface at the Birchton portals where miners congregate, does not show the designated alternate escapeway as it is underground. The escapeway with lifeline located underground is going to the Birchton portals, while the map shows the escapeway going to the North portals located at the main mine office. The Birchton portals is the shortest most direct route to the surface.
 
Performance Coal Company     8090252   000211471 1/11/2010  3/24/2010  104(a)   1/11/2010  N   75.1714-6   687.00  Closed 687.00 687.00
There was no tether cord provided with the additional rescuers located on the #2 mantrip.
 
Performance Coal Company     8090254   000211471 1/11/2010  4/7/2012  104(a)   1/11/2010  Y   75.1731(b)   3,143.00  Closed 3,143.00 3,143.00
The #1 south belt was not properly aligned to prevent the moving belt from rubbing against the structure. The bottom belt was cutting into structure from one to three inches and smoke was observed coming off of the belt. This condition started at break 25 and continued for a distance of 70 feet outby.
 
Performance Coal Company     8090253   000211471 1/11/2010  4/7/2012  104(a)   1/11/2010  Y   75.1731(a)   946.00  Closed 946.00 946.00
One break outby the #3 unit section belt drive on the #1 south belt a hanger for a bottom roller is broken. The roller has fallen down and is turning in combustible material measuring from 1 to 6 inches.
 
Performance Coal Company     8090256   000211471 1/11/2010  4/7/2012  104(d)(2)   1/11/2010  Y   75.1731(a)   4,000.00  Closed 4,000.00 4,000.00
One bottom roller was running in accumulation of combustible materials, cross over bar was rubbing top of the bottom belt, and a 2nd bottom roller was stuck and the belt had rubbed a flat groove, one quarter inch deep into the roller, located on the #1 south belt, thirty feet outby break #5 and extended for a distance of thirty feet. [Name Redacted] (Fire Boss) said that [Name Redacted] (Fire Boss) had found this problem on Saturday January 09, 2010 and that the section crew had been working on it. At the time of this inspection no one was working on this section of belt. The operator engage in aggravated conduct by his failure to correct the known hazard before running the belt. This violation is an unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8090255   000211471 1/11/2010  4/7/2012  104(a)   1/11/2010  Y   75.1731(b)   1,412.00  Closed 1,412.00 1,412.00
The #1 south belt was cutting into cinderblocks for a depth of 2 inches. As a result a mixture of nylon strings and dry coal dust had accumulated 8 inches in depth in two locations. These two locations are 20 and 60 feet inby break #5.
 
Performance Coal Company     8090249   000211471 1/7/2010  4/7/2012  104(a)   1/7/2010  N   75.1403   873.00  Closed 873.00 873.00
When checked the off-side outby end sanding device, on the #13 mantrip, was inoperative. The device would not deliver sand to the rail.
 
Performance Coal Company     8072761   000211471 1/7/2010  4/7/2012  104(a)   1/14/2010  Y   75.1403   4,329.00  Closed 4,329.00 4,329.00
The track in the North Mains at #66 break has water above the top track for a distance of 52 feet.
 
Performance Coal Company     8087709   000211471 1/7/2010  4/7/2012  104(d)(2)   1/7/2010  Y   75.370(a)(1)   70,000.00  Closed 70,000.00 70,000.00
The operator is not following the Ventilation Plan as approved by the District Manager on the No.1 section (MMU's 029-0), air flow is not in the direction as shown on the approved map. The intake air split for the No.1 section which is used as the primary escapeway, with the lifeline miners are to use to escape in fresh air in emergency situations, the air flow has reversed with air flow going outby. In case of an emergency the men on this section would not have fresh air in the primary escapeway. [Name Redacted], mine foreman, stated he was aware of this condition and that it has existed for approximately 3 weeks. [Name Redacted] engaged in aggravated conduct constituting more than ordinary negligence in that he was aware of the condition. This violation is an unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8087710   000211471 1/7/2010  4/7/2012  104(d)(2)   1/7/2010  Y   75.370(a)(1)   66,142.00  Closed 66,142.00 66,142.00
The operator is not following the Ventilation Plan as approved by the District Manager. The return air course from the No.1 section at the overcast on the longwall belt, located 1 1/2 breaks outby survey spad No.22626 at break 11 was entering the secondary escapeway used by the men on the longawall section. This air is used to ventilate the face of the active longwall section (MMU 050-0). When checked with a Solaris gas detector, the detector showed 0.10% methane and 20.8% oxygen in the air going to the longwall face.
 
Performance Coal Company     8090251   000211471 1/7/2010  3/24/2010  104(a)   1/12/2010  N   75.380(d)(7)(vii)   687.00  Closed 687.00 687.00
The lifeline coming off of #3 unit did not have two securely attached cones indicating a branch line locating the SCSR cache.
 
Performance Coal Company     8090250   000211471 1/7/2010  3/24/2010  104(a)   1/7/2010  N   75.1100-2(e)   176.00  Closed 176.00 176.00
The operator failed to provide a fire extinguisher for the Stancor pump, located in the #1 return entry across from spad number24306.
 
Performance Coal Company     8080120   000211471 12/30/2009  3/24/2010  104(a)   12/30/2009  N   75.1100-3   162.00  Closed 162.00 162.00
The fire extinguisher located at the #2 Battery charger for Track locomotives in the #3 portal is found not in useable condition in that the gage on the extinguisher indicated the unit had been discharged.
 
Performance Coal Company     8096965   000211471 12/30/2009  3/24/2010  104(a)   12/30/2009  N   77.1109(e)(1)   100.00  Closed 100.00 100.00
The Sullair 1600H air compressor (S/N 20080328017) located on the surface near the Bandy town ventilation fan is not equipped with any fire extinguishers.
 
Performance Coal Company     8096964   000211471 12/30/2009  3/24/2010  104(a)   12/30/2009  N   77.1109(e)(1)   100.00  Closed 100.00 100.00
The 1000 gallon diesel storage tank located on the surface near the Bandy town ventilation fan is not equipped with any fire extinguishers.
 
Performance Coal Company     8096966   000211471 12/30/2009  3/24/2010  104(a)   12/30/2009  N   77.1109(e)(1)   100.00  Closed 100.00 100.00
The Turbine water pump located on the surface near the Bandy town ventilation fan is not equipped with any fire extinguishers.
 
Performance Coal Company     8096963   000211471 12/30/2009  3/24/2010  104(a)   1/20/2010  N   77.1301(c)(9)   100.00  Closed 100.00 100.00
The operator is failing to keep the cap magazine and powder magazine located on the surface marked with suitable danger signs visible from all directions.
 
Performance Coal Company     8080119   000211471 12/30/2009  4/7/2012  104(a)   1/11/2010  Y   75.400   1,203.00  Closed 1,203.00 1,203.00
The stationary take-up roller on the #1 Belt head for the #3 Section is found turning in loose coal and coal dust. The depth of loose coal and coal dust is from 6 inches to 12 inches covering the entire length of roller.
 
Performance Coal Company     8100144   000211471 12/30/2009  3/24/2010  104(a)   1/7/2010  N   75.333(h)   127.00  Closed 127.00 127.00
The operator is failing to maintain the correct direction of air flow in first right panel in the Old No. 3 Section. The air flow through the regulator at MP#11 is going in the reverse direction.
 
Performance Coal Company     8087535   000211471 12/29/2009  3/24/2010  104(a)   12/29/2009  N   75.1106-3(a)(2)   150.00  Closed 150.00 150.00
A compressed oxygen cylinder located at the head gate 23 No 3 belt head was not secured in an upright position. The height in this area is over 6 feet.
 
Performance Coal Company     8080118   000211471 12/28/2009  4/7/2012  104(a)   12/30/2009  Y   75.1403   1,026.00  Closed 1,026.00 1,026.00
The operator has allowed water to accumulate over the top track one break outby and one break inby the #5 Ellis tailpiece.
 
Performance Coal Company     8103330   000211471 12/22/2009  3/24/2010  104(a)   12/30/2009  N   75.512   100.00  Closed 100.00 100.00
There was no record in the designated weekly electrical examination book verifying that a weekly examination of the right roof bolter and the right shuttle car was conducted for the week ending 12/19/2009.
 
Performance Coal Company     8103331   000211471 12/22/2009  4/7/2012  104(a)   12/22/2009  Y   75.604(b)   2,473.00  Closed 2,473.00 2,473.00
A permanent splice in the trailing cable for the Joy Center Shuttle Car (ET16084) operating on the No. 3 section was not effectively insulated and sealed as to exclude moisture. The splice had the outer wrap and inner insulating tape pulled apart three inches exposing the inner power leads.
 
Performance Coal Company     6612945   000211471 12/22/2009  3/24/2010  104(a)   12/30/2009  N   75.220(a)(1)   100.00  Closed 100.00 100.00
The operator failed to follow the roof control plan approved by the District Manager in that the roof bolt spacing was 5 to 7 feet from the left inby corner of the last intersection in No. 5 Heading on the No. 3 Section.
 
Performance Coal Company     8100143   000211471 12/22/2009  4/7/2012  104(a)   12/22/2009  N   75.517   499.00  Closed 499.00 499.00
The operator is failing to maintain the trailing cable to the #2007060 roof bolter on the #2 section 040-0 MMU. The roof bolter trailing cable has a 2.5 inch cut exposing the insulated lead inside, which 2 of the lead are damage exposing bare leads. This is an idle section and there is no methane detected at this time.
 
Performance Coal Company     8087534   000211471 12/22/2009  4/7/2012  104(a)   12/28/2009  N   75.503   334.00  Closed 334.00 334.00
The No. 2 Joy continuous miner s/n JM6053 used on the No.2 section MMU 040-0 is not being maintained in a permissible condition. An opening of greater than .015 inches is present between the panel lid and the panel box of the main junction box. This section is idle and the power is off at the present time. There is no methane present on the section.
 
Performance Coal Company     8103324   000211471 12/17/2009  3/24/2010  104(d)(2)   12/17/2009  N   75.364(a)(1)   4,000.00  Closed 4,000.00 4,000.00
An examination by a certified persons has not been conducted for the third panel (non pillar panel) off of the right return for the No. 3 section. Also, an examination at evaluation points 60 and 61, as designated on the ventilation map, have not been conducted. The last dates found were 4/15/2009 and these areas have not been recorded in the designated weekly examination book for the last six months.
 
Performance Coal Company     8103322   000211471 12/16/2009  3/24/2010  104(a)   1/7/2010  N   75.333(c)(1)   150.00  Closed 150.00 150.00
There were no personnel doors within 600 feet of each other in the first left panel of the old No. 3 section interior panel off of Plumley Mains. The distance between personnel doors was 740 feet.
 
Performance Coal Company     8103321   000211471 12/16/2009  3/24/2010  104(a)   1/13/2010  N   75.364(a)(1)   150.00  Closed 150.00 150.00
An examination by a certified person cannot be conducted by traveling to the deepest point of penetration of the Old No. 3 Section left side 1,2,and 3 interior panels off of Plumley Mains. There was accumulations of water exceeding 18 inches in depth.
 
Performance Coal Company     8080117   000211471 12/16/2009  3/24/2010  104(a)   12/30/2009  N   75.512   100.00  Closed 100.00 100.00
The weekly electrical examination book for Headgate #22 ( #1 Section ) has not been recorded since 12-4-2009 for the following equipment JM5811 continuous miner, JM4918 continuous miner, ET17504 shuttle car, 488-1253 service scoop.
 
Performance Coal Company     8103323   000211471 12/16/2009  4/7/2012  104(a)   12/16/2009  Y   75.606   2,473.00  Closed 2,473.00 2,473.00
The trailing cable for the Right Roof Bolter being operated on the No. 4 section was protected to prevent damage from mobile equipment. The cable was run over by a piece of mobile equipment as evidenced by a set of tire tracks.The word "not" was left out of the citation.
 
Performance Coal Company     8080112   000211471 12/15/2009  3/24/2010  104(a)   12/16/2009  N   75.360(g)   100.00  Closed 100.00 100.00
The preshift & onshift book for the Headgate #22 section does not have the air measurement of each location.
 
Performance Coal Company     8080116   000211471 12/15/2009  3/24/2010  104(a)   1/7/2010  N   75.507-1(a)   150.00  Closed 150.00 150.00
The non permissible 1010 hauler charger is operating between double doors, the double doors are between the intake and return. When a person open the return side door, the charger is operating in the return.
 
Performance Coal Company     8080114   000211471 12/15/2009  3/24/2010  104(a)   1/7/2010  N   75.380(d)(4)(iv)   263.00  Closed 263.00 263.00
The alternate escapeway for the Longwall section ( MMU 050-0 ) does not have sufficient width to enable miners, including disabled persons, to escape quickly in an emergency. The area between the belt and monorail is measured 18 inches wide between #46 and #47 break.
 
Performance Coal Company     8080115   000211471 12/15/2009  3/24/2010  104(a)   1/20/2010  N   75.516   150.00  Closed 150.00 150.00
The power wires for the permissible pumps in the #1 section return are laying on cribs in various locations in the return. All power wires shall be supported on well-insulated insulators and shall not contact combustible material, roof, or ribs.
 
Performance Coal Company     8080113   000211471 12/15/2009  3/24/2010  104(a)   1/7/2010  N   75.400   425.00  Closed 425.00 425.00
The #2 entry for the Longwall section (MMU 050-0) has combustible materials ( papers, used oil cans, boxes ) from the end of the track to the last open break.
 
Performance Coal Company     8085240   000211471 12/14/2009  4/7/2012  104(a)   12/30/2009  Y   75.364(b)(2)   2,473.00  Closed 2,473.00 2,473.00
The No. 1 Section return cannot be safely traveled in its entirety due to dark-murky water measuring from 12 inches and up to 48 inches in depth from break 73 to break 134. The mine floor in this area contains slipping and tripping hazards due to unleveled bottom due to heaving of the mine floor, extraneous materials and slick rocks. This condition poses hazards related to tripping and falling hazards in water in depths up to 48 inches that could result in drowning. This citation is being issued in conjunction with a 107(a) order citation number 8085239.
 
Performance Coal Company     8085239     12/14/2009    107(a)   2/2/2010  N/A    Non-Assessable
Miner's have been required to work and travel in dark-murky water from levels measuring 12 inches up to 48 inches. The mine floor under the water contains slipping and tripping hazards that cannot be seen due unleveled bottom from heaving of the mine floor in the area, extraneous materials and slick rocks. This condition poses hazards related to tripping and falling in water up to 48 inches that could result in drowning. Citation No. 8085240 is being issued in conjunction with this order.
 
Performance Coal Company     8085236   000208514 12/10/2009  2/17/2010  104(a)   12/10/2009  N   75.342(a)(4)   100.00  Closed 100.00 100.00
The methane monitor for the Left Joy Miner operating on the No. 4 Section (062-0 MMU) was not maintained in proper working condition. When tested with known air-methane mixture (2.5%) the methane monitor went to 3.9% methane.
 
Performance Coal Company     9968801   000208514 12/10/2009  2/17/2010  104(a)   12/10/2009  N   70.208(a)   100.00  Closed 100.00 100.00
The mine operator did not submit a valid respirable dust sample during the October/November 2009 bimonthly sampling cycle on the Designated Area 940-0, as shown in the attached Advisory No. 0211 dated December 7, 2009.
 
Performance Coal Company     8085238   000208514 12/10/2009  2/17/2010  104(a)   12/10/2009  Y   75.1731(b)   745.00  Closed 745.00 745.00
The No. 1 North belt was not properly aligned to prevent the moving belt from rubbing the offside of the tail piece frame and bearing block of the hold-up roller. There was visible smoke from the belt rubbing.
 
Performance Coal Company     8085237   000208514 12/10/2009  2/17/2010  104(a)   12/16/2009  N   75.333(c)(2)   150.00  Closed 150.00 150.00
The personnel doors in the entries adjacent to the escapeway were not clearly marked so that the doors could be easily identified by a person traveling in left and right return entries from Plumley Mains to the No. 4 section.
 
Performance Coal Company     8080111   000208514 12/9/2009  2/17/2010  104(a)   12/15/2009  N   77.1110   150.00  Closed 150.00 150.00
The fire extinguisher provided at the emulsion oil #12 tank on the surface is discharged. Firefighting equipment shall be continuously maintained in a usable and operative condition.
 
Performance Coal Company     8085235   000208514 12/9/2009  2/17/2010  104(a)   12/9/2009  Y   75.1101-1(a)   334.00  Closed 334.00 334.00
When tested, the control valve failed to activate and cause water to flow into the branch lines and discharge from the nozzles of the No. 1 North Belt.
 
Performance Coal Company     8085234   000208514 12/9/2009  2/17/2010  104(a)   1/11/2010  N   75.1101-8(b)   100.00  Closed 100.00 100.00
The top branch line for the water sprinkler system provided for the 3 Section No. 1 belt drive was located above the top surface of the belt. The sprinklers were in a horizontal position approximately 5 feet from the center of the belt.
 
Performance Coal Company     8085232   000208514 12/8/2009  2/17/2010  104(a)   12/16/2009  N   75.1403   745.00  Closed 745.00 745.00
The No. 12 personnel carrier was not equipped with well maintained sanding devices. The offside, outby end sander reservoir was broke off and the actuator was damaged.
 
Performance Coal Company     8085233   000208514 12/8/2009  2/17/2010  104(a)   12/16/2009  N   75.523-3(c)(2)   100.00  Closed 100.00 100.00
The manual brake release in the operator's compartment of the 35C Maintenance Scoop (SN:T339-550) would not reengage the brakes without energizing the equipment.
 
Performance Coal Company     8080110   000208514 12/8/2009  4/7/2012  104(a)   12/8/2009  Y   75.604(b)   2,473.00  Closed 2,473.00 2,473.00
The trailing cable for the Joy continuous miner serial# JM4598B being operated on the #3 Section (MMU 066-0) has a permanent splice thats not effectively insulated and sealed so as to exclude moisture. The splice has an 1/4 inch opening exposing the leads.
 
Performance Coal Company     8080109   000208514 12/4/2009  2/17/2010  104(a)   12/15/2009  N   75.202(a)   687.00  Closed 687.00 687.00
The roof between #78 and #79 break mains intake has nine roof bolts hanging maximum of two feet from the immediate roof. The roof where persons work or travel shall be supported or otherwise controlled to protect persons from hazards related to falls of the roof.
 
Performance Coal Company     9968791   000208514 12/4/2009  4/7/2012  104(a)   4/8/2010  Y   70.101   1,944.00  Closed 1,944.00 1,944.00
Based on the results of five valid respirable dust samples collected by the operator, the average concentration of respirable dust in the working environment of the designated occupation in the 029-0 mechanized mining unit was 0.610 mg/m3, which exceeded the applicable limit of 0.4 mg/m3. Management shall take corrective actions to lower the respirable dust concentration and submit these changes in writing to the District Manager in the form of an updated Methane and Dust Control plan. After the plan is approved by the District Manager, abatement sampling may begin. The operator shall comply with the 20-foot curtain setback and reduced-cut depth portion of their plan until they can obtain compliance on both operator and MSHA surveys.
 
Performance Coal Company     8080107   000208514 12/1/2009  4/7/2012  104(a)   12/15/2009  Y   75.364(b)(2)   745.00  Closed 745.00 745.00
The return air course from the #1 Section could not be traveled in its entirely due to a roof fall between #68 and #69 break. The fall is approximately 15 feet long and 16 feet wide and 3 feet high. The return air course also has water up to 15 inches in various location from #60 break to #69 break. The water is black in in color presented a slip/trip hazard to the miner due to uneven mine floor and rocks under the water.
 
Performance Coal Company     8080106   000208514 12/1/2009  2/17/2010  104(a)   1/7/2010  N   75.333(b)(5)   150.00  Closed 150.00 150.00
The permanent stoppings in break #54, #55, #56, #57, #58, #59, #60, #61, #62, #63, #64, #65, #66, #67,and #68 between the #2 and #3 entry of Headgate 1 North are not being maintained in the intent which they were built due to adverse roof conditions pushing the stoppings out. The return from #1 Section is not isolated from the return air from the working longwall panel old works at breaks #54, #55, #56, #57, #58, #59, #60, #61, #62, #63, #64, #65, #66, #67,and #68.
 
Performance Coal Company     8080108   000208514 12/1/2009  2/17/2010  104(a)   12/9/2009  Y   75.202(a)   3,405.00  Closed 3,405.00 3,405.00
The roof and ribs in the #1 Section return between #68 and #69 is not being supported or otherwise controlled to protect persons from hazards related to falls of the roof, face or ribs and coal or rock bursts. The area has approximately 15 feet long by 16 feet wide with no roof support.
 
Performance Coal Company     8080105     11/24/2009    103(k)   11/29/2009  N/A    Non-Assessable
An accident occurred at this operation on November 24, 2009 at approximately 0241 hours. This order is being issued, under Section 103 (j) of the Federal Mine Safety and Health Act of 1977, to prevent the destruction of any evidence which would assist in the investigation, the cause or causes of the accident. It prohibits all activity at or inby 050-0 MMU #50 break except to prevent or eliminate imminent danger and breaker the fall until MSHA has determined that it is safe to resume normal mining operations in this area. This order was initially issued orally to the mine operator at 0301 hours and has now been reduced to writing.The initial order is modified to reflect that MSHA is now proceeding under the authority of Section 103 (k) of the Federal Mine Safety and Health Act of 1977.This Section 103(k)) Order is intended to protect the safety of all persons on-site, including those involved in rescue and recovery operations or investigation of the accident. The mine operator shall obtain prior approval from an Authorized Representative of the Secretary for all actions to recover and/or restore operations in the affected area. Additionally, the mine operator is reminded of its existing obligations to prevent the destruction of evidence that would aid in investigating the cause or causes of the accident.The operator has submitted a clean-up plan and the District Manger has approved it. Therefore this order is modified to allow the operator to begin the clean-up of the roof fall.The operator has developed a required clean-up plan addressing the clean-up of fall area in the #2 entry @ spad#22944 on the MMU 050-0 Section, Therefore this 104 (k) order is hereby modified to allow the operator to implement the plan procedures to clean-up the fall.
 
Performance Coal Company     8085026   000208514 11/23/2009  2/17/2010  104(a)   12/7/2009  N   75.333(d)(2)   190.00  Closed 190.00 190.00
The double doors built at 63 break in the left return of the number 3 section were not built of sufficient strength to allow them to be un-damaged while equipment and materials were moved thru them. The doors of the 63 break side will not close and are preventing the double doors from doing the job which they were built for. The support post has been damaged and the doors have been hit causing them to be deformed.
 
Performance Coal Company     8085028   000208514 11/23/2009  4/7/2012  104(a)    8/20/2012 Y   75.333(h)   946.00  Closed 946.00 946.00
In Seal Set #3, Seals numbered 14,15,17,18,and 19 are being crushed out by hoving bottom. Air can be heard leaking at the seals and when checked with a smoke tube, smoke can be seen entering the seals thru cracks. These seals are in-gassing at this time. Seals shall be maintained for the purpose for which they were intended. Time will be given for a mine engineer to evaluate these seals and determine what can be done to maintain there integrity.
 
Performance Coal Company     8085027   000208514 11/23/2009  2/17/2010  104(a)   11/23/2009  N   75.333(d)(3)   190.00  Closed 190.00 190.00
The double doors located between the cut-thru at Portal Mains and the left return of the number 3 section were not kept closed when not in use. Both sets of doors were left open allowing the return to short circuit from 3 section at 63 break to Portal Mains at 19 break.
 
Performance Coal Company     8085025   000208514 11/23/2009  2/17/2010  104(a)   12/7/2009  N   75.400   176.00  Closed 176.00 176.00
At 63 break in the left return of number 3 section, across from the double doors to Portal Mains, rubbish has been allowed to be dumped in the return entry. This consist of paper, wood, half a scoop bucket of coal, oil buckets and 20 boxes of 4 foot glue. Combustible materials shall not be allowed to accumulate in returns and active work areas.
 
Performance Coal Company     8080104   000208514 11/23/2009  2/17/2010  104(a)   11/23/2009  N   75.333(h)   745.00  Closed 745.00 745.00
The #4 double door frame between #84 and #85 break has two holes in it. One of the hole measured 10 inches high by 40 inches wide. The other hole is 10 inches high by 32 inches wide. Took an air reading across the door had 24,700 CFM of air coming through the door. All ventilation controls, including seals, shall be maintained to serve the purpose for which they were built.
 
Performance Coal Company     8080103   000208514 11/23/2009  4/7/2012  104(a)   11/23/2009  N   75.1100-3   585.00  Closed 585.00 585.00
The fire extinguisher for the #3 Mantrip is discharged. All firefighting equipment shall be maintained in a usable and operative condition.
 
Performance Coal Company     8080102   000208514 11/19/2009  2/17/2010  104(a)   11/19/2009  N   75.312(g)(1)   100.00  Closed 100.00 100.00
The examination of ventilation equipment was not in the book for the Bandytown fan for 11-18-2009. By the end of the shift on which the examination is made, persons making main mine fan examinations shall record all uncorrected defects that may affect the operation of the fan that are not corrected by the end of that shift.
 
Performance Coal Company     6612943   000208514 11/19/2009  2/17/2010  104(a)   12/1/2009  N   75.333(b)(5)   150.00  Closed 150.00 150.00
The permanent stoppings in Break #55 and Break #56 between the No. 2 Heading and No.3 Heading of Headgate 1 North are not being maintained in the intent which they were built due to adverse roof conditions pushing parts of the stoppings out. The return from No. 1 Section is not isolated from the return air from the working longwall panel old works at Break #55 and #56.
 
Performance Coal Company     8078369     11/19/2009    104(b)   12/4/2009  N/A    Non-Assessable
The operator submitted a revision of the current approved plan to the District Manager and was approved on 10/27/2009. The operator again failed to come in to compliance on samples taken and submitted on 10/27/2009 thru 10/31/2009.Based on the results of three valid respirable dust samples collected by the operator, the average concentration, when divided by five, of the respirable dust in the working environment of the designated occupation on the Mechanized Mining Unit (MMU) 064-0 was 0.726 mg/m3, which exceeded the applicable limit of 0.7 mg/m3 standard. Due to the hazards of respirable silica dust and coal dust additional time will not be granted under the current dust control parameters.
 
Performance Coal Company     6612944   000208514 11/19/2009  4/7/2012  104(a)   12/1/2009  Y   75.364(b)(2)   745.00  Closed 745.00 745.00
The return air course from the No. 1 Section could not be traveled in its entirety due to a pool of accumulated water that was rib to rib, approximately 300 feet in length, and at least 12 inches to 15 inches and above from Break #55 to Break #58. The pool of water was black and murky in color, and presented a slip/trip hazard to the miners.
 
Performance Coal Company     8080101   000208514 11/18/2009  2/17/2010  104(a)   2/11/2010  N   75.371(t)   100.00  Closed 100.00 100.00
The operator has not submitted an up to date Designated Area (DA) plan since 02/29/2008.The locations where samples for DA will be collected, including the specific location of each sampling device, and the respirable dust control measures used at the dust generating sources for these locations.
 
Performance Coal Company     9968781   000208514 11/17/2009  2/17/2010  104(a)   12/10/2009  N   70.207(a)   176.00  Closed 176.00 176.00
The mine operator did not submit the required five (5) additional respirable dust sample/samples during the September/October 2009 bimonthly sampling cycle on the Mechanized Mining Unit 065-0, as shown in the attached Advisory No. 0207 dated November 9, 2009.
 
Performance Coal Company     9968780   000208514 11/17/2009  2/17/2010  104(a)   12/10/2009  N   70.207(a)   176.00  Closed 176.00 176.00
The mine operator did not submit the required five (5) additional respirable dust sample/samples during the September/October 2009 bimonthly sampling cycle on the Mechanized Mining Unit 064-0, as shown in the attached Advisory No. 0208 dated November 9, 2009.
 
Performance Coal Company     8080100   000206150 11/3/2009  1/20/2010  104(a)   12/2/2009  N   75.333(h)   127.00  Closed 127.00 127.00
The stopping located at spad# 23349 between #2 and #3 entry has an opening measured 55 inches wide by 30 inches high in the outby end of the stopping.
 
Performance Coal Company     8086914   000206150 10/28/2009  1/20/2010  104(a)   10/28/2009  N   75.220(a)(1)   224.00  Closed 224.00 224.00
The Approved Roof Control Plan at this mine is not being complied with on the No. 3 Section, 064 MMU in the No. 4 working face. The plan requires permanent support (bolts) shall be within 4 foot of the coal face, using a standard rule the permanent support (bolts) measured 6 foot from the coal face. A damage bolt was located in the first row of bolts in the 4 Left cross-cut. A shuttle car was being operated by the affected area to run to the continuous miner located in the 3 right cross-cut. No loose unconsolidated material was present in the affected area.Added statement to the body of this citation. The statement of the approved plan not being complied with is incorrect concerning the permanent support (bolts) that measured 6 foot from the # 4 working face.
 
Performance Coal Company     8080099   000206150 10/28/2009  1/20/2010  104(a)   11/2/2009  N   75.333(d)(3)   585.00  Closed 585.00 585.00
The airlock located on the track outby the Ellis switch is open on both sides. When an airlock is used, one side of the airlock shall remain closed. When not in use, both sides shall be closed.
 
Performance Coal Company     8086910   000206150 10/27/2009  1/20/2010  104(a)   10/28/2009  N   72.630(b)   243.00  Closed 243.00 243.00
The Fletcher roof drill Serial No. 92042-2003318, available for use to support the roof on the 064-0 MMU, No. 3 Section, is not being maintained in permissible and proper working condition. The dust collection system is compromise with dust behind the left and right filter, wing nut to secured the filters are missing, the right filter is gob out with dust, evident of dust at the exhaust outlet. No visible dust was present in the mine atmosphere during operation.
 
Performance Coal Company     8086913   000206150 10/27/2009  1/20/2010  104(a)   10/27/2009  N   75.370(a)(1)   460.00  Closed 460.00 460.00
The Approved Methane and Dust Ventilation Plan is not being complied with on the 065-0 MMU, No. 3 Section. The approved plan requires 3,000 CFM an 45 MEAV were the roof drill is operating. Using an approved calibrated anemometer at the end of the line curtain in the No. 2 working face were the roof drill was operating 1,937 CFM with a 16 MEAV was recorded. No visible air born dust or methane was present.
 
Performance Coal Company     8086911   000206150 10/27/2009  1/20/2010  104(a)   10/28/2009  N   72.630(b)   243.00  Closed 243.00 243.00
The Fletcher roof drill Serial No. 940901-2008322, available for use to support the roof on the 065-0 MMU, No. 3 Section, is not being maintained in permissible and proper working condition. The dust collection system is compromise with dust behind the left and right filter. The door gasket to the left door is not secured at the bottom to seal the enclosure. The left door strap is missing at the bottom. No visible dust was present in the mine atmosphere during operation.
 
Performance Coal Company     8086912   000206150 10/27/2009  1/20/2010  104(a)   10/27/2009  N   75.370(a)(1)   540.00  Closed 540.00 540.00
The Approved Methane and Dust Ventilation Plan is not being complied with on the 064-0 MMU, No. 3 Section. The approved plan requires 75 PSI of water pressure at the spray block, using a water gage at the right spray block at the ripper 55 PSI was observed on the Joy 14-10 A continuous miner, Serial No. JM 5519 A that was available for use.
 
Performance Coal Company     8080097   000206150 10/26/2009  1/20/2010  104(a)   11/2/2009  N   75.333(h)   190.00  Closed 190.00 190.00
The stopping located at spad# 21216 has an opening of 75 inches by 80 inches in the right return for LBB. All ventilation controls, including seals, shall be maintained to serve the purpose for which they were built.
 
Performance Coal Company     8080096   000206150 10/26/2009  1/20/2010  104(a)   11/2/2009  N   75.400   285.00  Closed 285.00 285.00
The #5 Ellis beltline is black in color from the tailpiece to the belt head. The #5 Ellis beltline has float coal dust deposited on rock-dusted surface.
 
Performance Coal Company     8100121   000206150 10/26/2009  1/20/2010  104(a)   10/26/2009  N   75.364(b)(5)   243.00  Closed 243.00 243.00
The primary intake escape way was not traveled in its entirety from the intersection of the primary intake escape way of the #4 Section and the #3 Section. The #4 primary intake escape way has not been travel since 10/13/2009 according to the date, time and initials on the date boards.
 
Performance Coal Company     8086907   000206150 10/21/2009  4/7/2012  104(d)(2)   10/21/2009  Y   75.1710-1   4,000.00  Closed 4,000.00 4,000.00
The Joy shuttle car Serial No. PM 0158 being used on the 065-0 MMU, No. 3 Section located at the section dumping point in the last open break that measured with a standard rule to be an average of 52 inches was not provided with a cab or canopy. The entry that the shuttle car was located measured with a standard rule to be 46 inches. This section was moved from a low seam on 10/16/2009 and began production on 10/19/2009. Management engaged in aggravated conduct constituting more than ordinary negligence, this violation is unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8086905   000206150 10/21/2009  4/7/2012  104(d)(2)   10/21/2009  Y   75.1710-1   4,000.00  Closed 4,000.00 4,000.00
The Fairchild scoop Serial No. 339-230 being used on the 065-0 MMU, No. 3 Section located in the No. 2 entry in/by the last open break that measured with a standard rule to be an average of 60 inches was not provided with a cab or canopy. The entry that the scoop was located measured with a standard rule 82 inches. This section was moved from a low seam on 10/16/2009 and began production on 10/19/2009. Management engaged in aggravated conduct constituting more than ordinary negligence, this violation is unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8080094   000206150 10/21/2009  4/7/2012  104(d)(2)   10/21/2009  Y   75.370(a)(1)   5,645.00  Closed 5,645.00 5,645.00
The operator is failing to follow the approved ventilation plan. On Section #2, MMU 040, in #4 entry the right side roof bolter was bolting the roof with 2200 CFM of air behind the line curtain. Dust was visible around the roof bolter operators and roof bolter from a distance of at least 50 feet. The operator has engaged in aggravated conduct constituting more than ordinary negligence. This violation is an unwarrantable failure to follow a mandatory standard.
 
Performance Coal Company     8086906   000206150 10/21/2009  4/7/2012  104(d)(2)   10/21/2009  Y   75.1710-1   4,000.00  Closed 4,000.00 4,000.00
The Joy shuttle car Serial No. PM 0163 being used on the 065-0 MMU, No. 3 Section located in the No. 3 to 2 cross-cut in the last open break that measured with a standard rule to be an average of 60 inches was not provided with a cab or canopy. The entry that the shuttle car was located measured with a standard rule to be 77 inches. This section was moved from a low seam on 10/16/2009 and began production on 10/19/2009. Management engaged in aggravated conduct constituting more than ordinary negligence, this violation is unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8086909   000206150 10/21/2009  4/7/2012  104(d)(2)   10/21/2009  Y   75.1710-1   4,000.00  Closed 4,000.00 4,000.00
The Joy shuttle car Serial No. 16851A being used on the 064-0 MMU, No. 3 Section located at the section dumping point that measured with a standard rule to be an average of 60 inches was not provided with a cab or canopy. The entries located to the working faces on the 064 MMU average measured with a standard rule to be 51 inches. This section was moved from a low seam on 10/16/2009 and began production on 10/19/2009. Management engaged in aggravated conduct constituting more than ordinary negligence, this violation is unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8086908   000206150 10/21/2009  4/7/2012  104(d)(2)   10/21/2009  Y   75.1710-1   4,000.00  Closed 4,000.00 4,000.00
The Fairchild scoop Serial No. 337-196 being used on the 064-0 MMU, No. 3 Section located in the last open break 6 to 7 that measured with a standard rule to be an average of 66 inches was not provided with a cab or canopy. The entries located to the working faces on the 064 MMU average measured with a standard rule to be 51 inches. This section was moved from a low seam on 10/16/2009 and began production on 10/19/2009. Management engaged in aggravated conduct constituting more than ordinary negligence, this violation is unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8080095   000206150 10/21/2009  1/20/2010  104(a)   10/21/2009  N   75.1731(b)   117.00  Closed 117.00 117.00
The #1 beltline for the #2 Section is not properly aligned. The moving belt is rubbing the bottom belt structures in several location along the beltline.
 
Performance Coal Company     8080093   000206150 10/20/2009  1/20/2010  104(a)   10/20/2009  N   75.1731(a)   117.00  Closed 117.00 117.00
The longwall belt storage unit has a belt roller that is stuck due to an accumulations of belt string wrap around the belt roller and hanger. At break #44 on the longwall belt another belt roller is damaged and worn flat due to belt string wrap around the belt roller and hanger.
 
Performance Coal Company     8080092   000206150 10/19/2009  4/7/2012  104(d)(2)   10/19/2009  N   75.380(d)(4)   4,000.00  Closed 4,000.00 4,000.00
The primary escapeway for the Longwall Section MMU 050 is not being maintained 6 feet wide. A rib roll of 8.5 feet long X 3.5 feet height X 3 feet thick fell between the rib and the stage loader, causing the escapeway to be less than 6 feet wide.To read ( This violation is an unwarrantable failure to comply with a mandatory standard.)
 
Performance Coal Company     8080091   000206150 10/19/2009  1/20/2010  104(a)   10/20/2009  N     243.00  Closed 243.00 243.00
The operator failed to maintain two way communication from the Longwall section to the surface. The Longwall section intake phone was not making contact with the surface phone.
 
Performance Coal Company     8080089   000203237 10/15/2009  4/7/2012  104(a)   10/15/2009  Y   75.1731(b)   2,282.00  Closed 2,282.00 2,282.00
The #4 North belt is rubbing two bottom belt hangers at #37 and #38 break. The belt hangers are hot to the touch and smoking.
 
Performance Coal Company     8080090   000203237 10/15/2009  4/7/2012  104(a)   10/15/2009  N   75.1731(a)   460.00  Closed 460.00 460.00
The #5 Ellis beltline has a damaged bottom belt roller one break inby the #5 Ellis belt head.
 
Performance Coal Company     9968749   000203237 9/29/2009  4/7/2012  104(a)   4/8/2010  Y   70.101   1,944.00  Closed 1,944.00 1,944.00
Based on the results of five valid respirable dust samples collected by the operator, the average concentration of respirable dust in the working environment of the designated occupation in the 040-0 mechanized mining unit was 1.174 mg/m3, which exceeded the applicable limit of 0.9 mg/m3. Management shall take corrective actions to lower the respirable dust concentration and submit these changes in writing to the District Manager in the form of an updated Methane and Dust Control plan. After the plan is approved by the District Manager, abatement sampling may begin. The operator shall comply with the 20-foot curtain setback and reduced-cut depth portion of their plan until they can obtain compliance on both operator and MSHA surveys.
 
Performance Coal Company     8090963   000203237 9/28/2009  12/24/2009  104(a)   9/29/2009  N   48.9   100.00  Closed 100.00 100.00
The operator cannot produce a record of any training of [Name Redacted]. There is no record of any experienced miner training, annual refresher training or task training for this miner.
 
Performance Coal Company     8066167   000203237 9/28/2009  12/24/2009  104(a)   9/29/2009  N   75.370(a)(1)   308.00  Closed 308.00 308.00
The air pressure in the belt entry of the long wall section belt is greater at station number 35+00 than in the intake entry. There is a set of air lock door constructed at this location and air from the belt entry is leaking into the intake when checked with a smoke tube.
 
Performance Coal Company     8094612   000203237 9/27/2009  12/24/2009  104(a)   9/27/2009  N   75.1502   585.00  Closed 585.00 585.00
THE OPERATOR FAILED TO DESIGNATE A RESPONSIBLE PERSON FOR THE EVENING SHIFT CREW (11 MINERS) ON 9/27/09 THAT WAS WORKING UNDERGROUND AT THIS MINE.
 
Performance Coal Company     8094608   000203237 9/25/2009  12/24/2009  104(a)   9/25/2009  N   75.1100-3   150.00  Closed 150.00 150.00
THE FIRE SUPPRESSION NOZZLES (DRY CHEMICAL) WERE NOT BEING MAINTAINED IN A USABLE CONDITION ON THE #3 S/C ON #3 SECTION. LOOSE COAL WAS PACKED AROUND THESE TWO NOZZLES LOCATED IN THE HYDRAULIC PUMP COMPARTMENT.
 
Performance Coal Company     8094609   000203237 9/25/2009  12/24/2009  104(a)   9/25/2009  N   75.400   285.00  Closed 285.00 285.00
ACCUMULATIONS OF COMBUSTIBLE MATERIAL WAS PRESENT IN THE HYDRAULIC PUMP COMPARTMENT ON THE #3 S/C ON #3 SECTION. THIS MATERIAL WAS APPROXIMATELY 12 INCHES DEEP,30 INCHES LONG ,AND 20 INCHES WIDE.
 
Performance Coal Company     8094610   000203237 9/25/2009  4/7/2012  104(a)   9/25/2009  Y   75.604(b)   2,473.00  Closed 2,473.00 2,473.00
THE TRAILING CABLE ON THE CONTINUOUS MINING MACHINE LOCATED ON THE MMU-065 HAD A SPLICE APPROXIMATELY 40 FT. FROM THE STANDOFF THAT WAS NOT SEALED TO EXCLUDE MOISTURE.
 
Performance Coal Company     8090961   000203237 9/24/2009  4/7/2012  104(d)(2)   9/24/2009  Y   48.3   15,971.00  Closed 15,971.00 15,971.00
The operator is failing to maintain an approved plan of training for the current mining practices. The operator has started a longwall section that uses belt air in the face and uses an AMS system to monitor the atmospheric conditions in and around the longwall. The current approved training plan does not address the AMS system training in any way.Add ," The lack of AMS training greatly increases the hazard of exposure to fire and/or smoke. The operator has engaged in aggravated conduct by installing the AMS system without providing training. This violation is unwarrantable failure to comply with a mandatory standard."
 
Performance Coal Company     8090962   000203237 9/24/2009  4/7/2012  104(g)(1)   9/28/2009  Y   75.350(b)(2)   15,971.00  Closed 15,971.00 15,971.00
36 miners are working on the longwall and 4 AMS operators are working on the surface without receiving any AMS training. The following miners and AMS operators are ordered withdrawn until a training plan is approved and they receive the required AMS training [Names Redacted].Add the sentence" The miners named are declared to be a hazard to their selves and others and are to be withdrawn from the mine until they receive the required training."
 
Performance Coal Company     8094605   000203237 9/23/2009  4/7/2012  104(a)   9/25/2009  Y   72.630(b)   1,203.00  Closed 1,203.00 1,203.00
THE DUST COLLECTING SYSTEM BEING USED ON THE MMU-064 ROOF BOLTING MACHINE (S.N. 2003-318) WAS NOT MAINTAINED IN PERMISSIBLE AND OPERATING CONDITION WHEN TESTED, (-10) WAS THE READING ON THE GAUGE AT THE DRILL CHUCK.
 
Performance Coal Company     8094604   000203237 9/23/2009  4/7/2012  104(d)(2)   9/23/2009  Y   75.362(a)(2)   6,115.00  Closed 6,115.00 6,115.00
THE OPERATOR FAILED TO CONDUCT A COMPLETE EXAMINATION TO ASSURE COMPLIANCE WITH THE RESPIRABLE DUST CONTROL PARAMETERS SPECIFIED IN THE METHANE DUST CONTROL PLAN FOR THE MMU-065 SECTION.THE OPERATOR FAILED TO CONDUCT A COMPLETE EXAMINATION TO ASSURE COMPLIANCE WITH THE RESPIRABLE DUST CONTROL PARAMETERS SPECIFIED IN THE METHANE DUST CONTROL PLAN FOR THE MMU-065 SECTION. MANAGEMENT ENGAGED IN AGGRAVATED CONDUCT CONSTITUTING MORE THAN ORDINARY NEGLIGENCE IN THAT PRODUCTION WAS DEEMED MORE IMPORTANT THAN CONDUCTING PARAMETER CHECKS ON THE CONTINUOUS MINING MACHINE. THIS VIOLATION IS AN UNWARRANTABLE FAILURE TO COMPLY WITH A MANDATORY STANDARD.
 
Performance Coal Company     8090959   000203237 9/23/2009  4/7/2012  104(a)   9/23/2009  Y   75.202(a)   1,530.00  Closed 1,530.00 1,530.00
The operator is failing to adequately protest miners from fall of the roof and rib. At spad 22773, on the #1 section, on the left inby corner, the roof bolts are from 4' 6" to 7' from the corner.
 
Performance Coal Company     8066162   000203237 9/23/2009  12/24/2009  104(a)   9/24/2009  N   75.351(o)(1)(ii)   100.00  Closed 100.00 100.00
The record for AMS malfunctions is not being maintained properly. The cause and extent of the malfunction and corrective action taken to return the AMS to proper operation is not being recorded.
 
Performance Coal Company     8094603   000203237 9/23/2009  4/7/2012  104(d)(2)   9/23/2009  Y   75.362(a)(2)   6,115.00  Closed 6,115.00 6,115.00
THE OPERATOR FAILED TO CONDUCT A COMPLETE EXAMINATION TO ASSURE COMPLIANCE WITH THE RESPIRABLE DUST CONTROL PARAMETERS SPECIFIED IN THE METHANE DUST CONTROL PLAN FOR THE MMU-064 SECTION.THE OPERATOR FAILED TO CONDUCT A COMPLETE EXAMINATION TO ASSURE COMPLIANCE WITH THE RESPIRABLE DUST CONTROL PARAMETERS SPECIFIED IN THE METHANE DUST CONTROL PLAN FOR THE MMU-064 SECTION. MANAGEMENT ENGAGED IN AGGRAVATED CONDUCT CONSTITUTING MORE THAN ORDINARY NEGLIGENCE IN THAT PRODUCTION WAS DEEMED MORE IMPORTANT THAN CONDUCTING PARAMETER CHECKS ON THE CONTINUOUS MINING MACHINE. THIS VIOLATION IS AN UNWARRANTABLE FAILURE TO COMPLY WITH A MANDATORY STANDARD.
 
Performance Coal Company     8094606   000203237 9/23/2009  4/7/2012  104(a)   9/23/2009  Y   72.630(b)   1,203.00  Closed 1,203.00 1,203.00
THE DUST COLLECTING SYSTEM BEING USED ON THE MMU-065 ROOF BOLTING MACHINE (S.N. 2008-322) WAS NOT MAINTAINED IN PERMISSIBLE AND OPERATING CONDITION WHEN TESTED, (-10) WAS THE READING ON THE GAUGE AT THE OPERATOR SIDE DRILL CHUCK.
 
Performance Coal Company     8066163   000203237 9/23/2009  12/24/2009  104(a)   9/23/2009  N   75.352(e)   425.00  Closed 425.00 425.00
The #71 C/O sensor located on the longwall belt was recorded as having a malfunction at 0524 Hrs. No one was dispatched to this malfunction until 1000 Hrs.This is short of immediate action to return the system to proper operation.
 
Performance Coal Company     8094607   000203237 9/23/2009  4/7/2012  104(d)(2)   9/23/2009  N   75.362(g)(2)   4,000.00  Closed 4,000.00 4,000.00
THE OPERATOR HAS FAILED TO CERTIFY BY DATE, TIME, AND INITIALS THAT THE EXAMINATION (DUST PARAMETERS) FOR 9/23/09 EVENING SHIFT WAS MADE.THE OPERATOR HAS FAILED TO CERTIFY BY DATE, TIME, AND INITIALS THAT THE EXAMINATION (DUST PARAMETERS) FOR 9/23/09 EVENING SHIFT WAS MADE. THE OPERATOR ENGAGED IN AGGRAVATED CONDUCT CONSTITUTING MORE THAN ORDINARY NEGLIGENCE BY NOT CERTIFYING THAT HE HAD CONDUCTED THE PARAMETER CHECKS. THIS VIOLATION IS AN UNWARRANTABLE FAILURE TO COMPLY WITH A MANDATORY STANDARD.
 
Performance Coal Company     8090960   000203237 9/23/2009  4/7/2012  104(a)   9/23/2009  Y   75.517   2,473.00  Closed 2,473.00 2,473.00
The operator is failing to maintain the cables on the bonder on the #1 section in an adequately insulated and fully protected condition. The stinger cable has a 1/4" cut in the outer jacket exposing the copper conductor inside.
 
Performance Coal Company     8090958   000203237 9/23/2009  4/7/2012  104(d)(2)   9/24/2009  Y   75.202(a)   5,645.00  Closed 5,645.00 5,645.00
The operator is failing to adequately protect miners from falls of the roof and rib in the area of the #37 seal. The mine roof has fallen out from between the majority of the roof bolts for a break each inby and outby the seal. The mine roof has also fallen completely away from at least 8 roof bolts, leaving them hanging 2' from the mine roof. This condition has been reported in the weekly exam for hazardous conditions for the weeks of 8/27/09/, 9/2/09, 9/12/09 and 9/19/09. These reports had all been countersigned by the mine foreman. The operator engaged in aggravated conduct by knowing about these conditions and failing to take action on a known hazard. This violation is unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8066166   000203237 9/23/2009  12/24/2009  104(a)   9/28/2009  N   75.351(k)   634.00  Closed 634.00 634.00
The AMS is not being maintained in proper operating condition it will not automaticly provide a visual and audible alarm at the longwall belt tail. This condition has existed for about one week.Parts on order.
 
Performance Coal Company     8066161   000203237 9/23/2009  12/24/2009  104(a)   9/24/2009  N   75.351(o)(1)(iii)   100.00  Closed 100.00 100.00
The operator could not provide a record of the seven day test of the alarms for the AMS system.
 
Performance Coal Company     8066165   000203237 9/23/2009  12/24/2009  104(a)   9/23/2009  N   75.351(k)   634.00  Closed 634.00 634.00
The AMS system is not being maintained in proper operation condition. The #72 sensor located at the longwall mule train was found to be out of calibration when a known gas of 25 ppm was applied to the sensor. The sensor read 29 ppm.
 
Performance Coal Company     8066164   000203237 9/23/2009  12/24/2009  104(a)   9/24/2009  N   75.351(b)(3)   100.00  Closed 100.00 100.00
A map or schematic showing the type and location of the sensors the intended direction of air flow at these locations is not available.
 
Performance Coal Company     8090956   000203237 9/21/2009  12/24/2009  104(a)   9/23/2009  N   75.512   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of weekly electrical exams. There is no record of an examination of the mother drive bobcat or the 120 break mantrip charger.Add " for the week of 9/14/09" to the last sentence.
 
Performance Coal Company     8090952   000203237 9/21/2009  12/24/2009  104(a)   9/21/2009  N   75.159   100.00  Closed 100.00 100.00
The operator is failing to maintain a list of people certified and qualified for duties under part 75 of 30 CFR.
 
Performance Coal Company     8090949   000203237 9/21/2009  12/24/2009  104(a)   9/21/2009  N   75.360(f)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of preshift examinations conducted on the #1 section set up. The preshift examination conducted 9/18/09 does not have any recorded of an examination of the lifeshelter.
 
Performance Coal Company     8090947   000203237 9/21/2009  12/24/2009  104(a)   9/21/2009  N   75.360(f)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of preshift examinations conducted on the #2 section. The preshift examination conducted 9/20/09 from 825-840PM does not have any recorded of methane or oxygen tests.
 
Performance Coal Company     8090957   000203237 9/21/2009  12/24/2009  104(a)   9/23/2009  N   75.512   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of weekly electrical exams. There is no a complete record of an examination of the outby D boxes, KVA's and dual line switches for the week of 9/14/09.
 
Performance Coal Company     8090950   000203237 9/21/2009  12/24/2009  104(a)   9/23/2009  N   75.364(h)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of the weekly examination of the lifeshelters underground. The operator cannot produce a record of the weekly examination of the lifeshelter on the #1 section for the week of 9/7/09 or the week of 9/14/09.
 
Performance Coal Company     8090948   000203237 9/21/2009  12/24/2009  104(a)   9/21/2009  N   75.360(f)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of preshift examinations conducted on the #2 section. The preshift examination conducted 9/19/09 from 300-600 AM does not have any recorded of methane or oxygen tests.
 
Performance Coal Company     8090955   000203237 9/21/2009  12/24/2009  104(a)   9/28/2009  N   75.351(g)   100.00  Closed 100.00 100.00
The operator is failing to maintain a record of the training of any of the AMS operators on the 3 shifts.
 
Performance Coal Company     8090951   000203237 9/21/2009  12/24/2009  104(a)   9/23/2009  N   75.364(h)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of the weekly examination of the lifeshelters underground. The operator cannot produce a record of the weekly examination of the lifeshelter on the #4 section for the week of 9/14/09.
 
Performance Coal Company     8090953   000203237 9/21/2009  12/24/2009  104(a)   9/21/2009  N   75.1715   100.00  Closed 100.00 100.00
The operator is failing to properly maintain the mine check in/out system. The #3 section foreman, [Name Redacted], is checked in, when he is actually not on the property.
 
Performance Coal Company     8090954   000203237 9/21/2009  12/24/2009  104(a)   9/21/2009  N   75.1505(a)(3)   392.00  Closed 392.00 392.00
The operator is failing to provide an accurate escapeway map in the bathhouse. The escapeway map posted in the bathhouse shows an additional primary escapeway in the parallel north mains in addition to the actual primary escapeway in the north mains.
 
Performance Coal Company     8090946   000203237 9/21/2009  12/24/2009  104(a)   9/23/2009  N   75.1702   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of smoke searches conducted on the #4 section. There is no record of a smoke search being conducted on the day or evening shift for the week of 9/19/09.
 
Performance Coal Company     8066160   000203237 9/17/2009  12/24/2009  104(a)   9/21/2009  N   75.821(d)   100.00  Closed 100.00 100.00
The High voltage Longwall equipment examination book is not being certified by the signature of the person completing the examinations.
 
Performance Coal Company     8090942   000203237 9/17/2009  12/24/2009  104(a)   9/17/2009  N   77.1102   224.00  Closed 224.00 224.00
Two 40lb compressed gas cylinders and two bottles of charcoal lighter fluid are being stored in employee parking lot at the gas grill without any "No Smoking" signs present.
 
Performance Coal Company     8090945   000203237 9/17/2009  4/7/2012  104(a)   9/17/2009  Y   75.342(a)(4)   1,203.00  Closed 1,203.00 1,203.00
The operator is failing to maintain the methane monitor on the Joy 14-15 continuous miner (JM5849), on the #4 section, in a proper operating condition. When tested with a 2.5% methane, air mixture the monitor went up to 4.3%.
 
Performance Coal Company     8066159   000203237 9/17/2009  12/24/2009  104(a)   9/21/2009  N   75.1101-1(b)   150.00  Closed 150.00 150.00
The sprinkler for the constant tension wench control box is plumbed into an old fire sprinkles system that has no water supplied to it. This condition is located at the #4 6 foot belt takeup..
 
Performance Coal Company     8090941   000203237 9/17/2009  12/24/2009  104(a)   9/17/2009  N   77.208(e)   224.00  Closed 224.00 224.00
The operator is leaving an unattended 40lb compressed propane cylinder stored on the surface with the hose and regulator hooked up in the employee parking lot.
 
Performance Coal Company     8090944   000203237 9/17/2009  4/7/2012  104(a)   9/17/2009  Y   75.342(a)(4)   1,203.00  Closed 1,203.00 1,203.00
The operator is failing to maintain the methane monitor on the Joy 14-15 continuous miner (JM5924), on the #4 section, in a proper operating condition. When tested with a 2.5% methane, air mixture the monitor went up to 5%.
 
Performance Coal Company     8090943   000203237 9/17/2009  12/24/2009  104(a)   9/17/2009  N   77.1109(e)   224.00  Closed 224.00 224.00
Two 40lb compressed gas cylinders and two bottles of charcoal lighter fluid are being stored in employee parking lot at the gas grill without a fire extinguisher.
 
Performance Coal Company     8090938   000203237 9/16/2009  4/7/2012  104(a)   9/16/2009  Y   75.517   2,473.00  Closed 2,473.00 2,473.00
The operator is failing to maintain the trailing cable on the Joy 10 s/c (ET 17640) on the #4 section in fully protected and adequately insulated condition. The cable has a 1/4" hole in the outer jacket exposing the copper in the damaged black phase lead inside.
 
Performance Coal Company     8090936   000203237 9/16/2009  4/7/2012  104(a)   9/17/2009  N   75.1403   1,026.00  Closed 1,026.00 1,026.00
The operator is failing to maintain the track switch in the driftmouth of the Southside track entry in a proper working condition. The switch is broken so that it will not properly open/close when it is thrown.
 
Performance Coal Company     8090939   000203237 9/16/2009  4/7/2012  104(a)   9/16/2009  Y   75.370(a)(1)   2,106.00  Closed 2,106.00 2,106.00
The operator is failing to comply with the safety precaution page of the 063 MMU methane dust control plan. The Fletcher roof bolter is required to maintain 12"Hg of suction. When tested only 8" Hg of suction was present.
 
Performance Coal Company     8090940   000203237 9/16/2009  4/7/2012  104(a)   9/16/2009  Y   75.517   2,473.00  Closed 2,473.00 2,473.00
The operator is failing to maintain the trailing cable on the left side Fletcher roof bolter on the #4 section in fully protected and adequately insulated condition. The cable has a 3/8" hole in the outer jacket exposing the insulated leads inside.
 
Performance Coal Company     8094600   000203237 9/16/2009  12/24/2009  104(a)   9/17/2009  N   75.807   100.00  Closed 100.00 100.00
THE #2 D-BOX POWER CABLE IS COMING IN CONTACT WITH THE HIGH VOLTAGE POWER CABLE FROM THE ELLIS TRACK SWITCH TO THE SECOND OVERCAST TOWARDS THE ELLIS PORTALS IN THE TRACK ENTRY.
 
Performance Coal Company     8094599   000203237 9/16/2009  4/7/2012  104(a)   9/16/2009  N   75.333(g)   392.00  Closed 392.00 392.00
THE OPERATOR FAILED TO INSTALL A VENTILATION CONTROL IN THE ROOM LOCATED ONE CROSS CUT INBY SPAD #21272 AND ONE BREAK TO THE RIGHT. THIS ROOM WAS DROVE APPROXIMATELY 21 FT. FROM THE SOLID RIB.
 
Performance Coal Company     8094602   000203237 9/16/2009  12/24/2009  104(a)   9/17/2009  N   75.360(f)   100.00  Closed 100.00 100.00
THE OPERATOR HAS FAILED TO RECORD THE RESULTS FOR THE PRE- SHIFT EXAMINATION THAT WAS CONDUCTED ON 9/16/09 FOR THE GLORY HOLE AND NORTH MAIN INTAKE ROOMS.
 
Performance Coal Company     8094601   000203237 9/16/2009  12/24/2009  104(a)   10/7/2009  N   75.203(e)(2)   873.00  Closed 873.00 873.00
VARIOUS LOCATIONS ALONG THE TRACK ENTRY FROM THE ELLIS SWITCH TO THE PORTAL OF THE NORTH SIDE HAS AREAS MEASURING 20 TO 24 FT WIDE FOR A DISTANCE EXCEEDING 5 FT. RIBS HAVE ROLLED OUT DISLODGING SEVERAL TIMBERS IN THIS ENTRY CREATING WIDE PLACES ALSO.
 
Performance Coal Company     8094598   000203237 9/16/2009  4/7/2012  104(d)(2)   9/16/2009  N   75.360(a)(1)   4,000.00  Closed 4,000.00 4,000.00
THE OPERATOR HAS FAILED TO CONDUCT PRE-SHIFT EXAMINATIONS FOR THE ROOM LOCATED ON THE ELLIS INTAKE SPLIT. THIS ROOM IS DROVE APPROXIMATELY 21 FT. INBY THE CORNER OF THE SOLID RIB LOCATED ONE CROSS CUT INBY SPAD #21272 AND ONE BREAK TO THE RIGHT.
 
Performance Coal Company     8090937   000203237 9/16/2009  4/7/2012  104(a)   9/16/2009  N   75.370(a)(1)   499.00  Closed 499.00 499.00
The operator is failing to comply with the approved mine ventilation plan on the #4 section. On the left side there are 3 open crosscuts with only 10,920 cfm in the LOB. The plan call for 13,500 cfm to be present when there are 3 open crosscuts.
 
Performance Coal Company     8094597   000203237 9/15/2009  12/24/2009  104(a)   9/15/2009  N   75.360(e)   100.00  Closed 100.00 100.00
THE OPERATOR FAILED TO CERTIFY WITH DATE,TIME, AND INITIALS THAT THE ELECTRIC PUMP LOCATED AT CROSS CUT #71 IN THE #1 SECTION RETURN HAD BEEN PRE- SHIFTED FOR 9/15/2009.
 
Performance Coal Company     8086180   000203237 9/15/2009  4/7/2012  104(d)(2)   9/15/2009  Y   75.310(a)(3)   35,543.00  Closed 35,543.00 35,543.00
There fan alarm for the Bandy Town fan is not operational due to a telephone outage and the fan is not being monitored to notify this mine if an fan stoppage occurs. The phone lines have not been in operation since 2:00 am this date according to midnight management.The first word of the first sentence in this citation should be "The".There fan alarm for the Bandy Town fan is not operational due to a telephone outage and the fan is not being monitored to notify this mine if an fan stoppage occurs. The phone lines have not been in operation since 2:00 am this date according to midnight management.The first word of the first sentence in this citation should be
 
Performance Coal Company     8094596   000203237 9/15/2009  4/7/2012  104(d)(2)   9/16/2009  N   75.380(a)   4,000.00  Closed 4,000.00 4,000.00
THE OPERATOR FAILED TO HAVE TWO DISTINCT ESCAPEWAYS FOR THE LONGWALL SECTION AT CROSS CUT #30 WHERE THE NEW #1 SECTION IS SETTING UP. A STOPPING HAD NOT BEEN INSTALLED AT THIS LOCATION.THE WRONG CITATION NUMBER WAS TERMINATED IN ERROR.
 
Performance Coal Company     8094595   000203237 9/15/2009  12/24/2009  104(a)   9/16/2009  N   75.360(f)   100.00  Closed 100.00 100.00
THE OPERATOR FAILED TO RECORD THE LAST OPEN BREAK READING FOR THE #1 SECTION PRE-SHIFT EXAMINATIONS BOOKS BEING CONDUCTED THIS SECTION.
 
Performance Coal Company     8066157   000203237 9/15/2009  12/24/2009  104(a)   9/16/2009  N   75.520   499.00  Closed 499.00 499.00
The 110 volt pump located at #4 break on the LBB track is not provided with a switch to deentergize the pump.
 
Performance Coal Company     8090935   000203237 9/15/2009  4/7/2012  104(a)   9/17/2009  N   75.1712-3(a)   873.00  Closed 873.00 873.00
The operator is failing to maintain the bathhouse in a clean and sanitary condition. The right hand urinal is leaking in the drain pipe when flushed. This allows urine and water to be deposited on the concrete floor presenting a slip hazard and a health hazard.
 
Performance Coal Company     8066158   000203237 9/15/2009  12/24/2009  104(a)   9/16/2009  N   75.900   150.00  Closed 150.00 150.00
The #3 circuit of the KVA Box at #2 Belt Head LLB is being used to power #28 break pump with a 10/5 cable. The trip unit in the breaker is a 200 to 1500 unit. The lowest setting of this trip unit exceeds the maximum allowable setting for # 10/5 cable.
 
Performance Coal Company     8094592   000203237 9/14/2009  12/24/2009  104(a)   9/15/2009  N   75.1403   499.00  Closed 499.00 499.00
WATER WAS ALLOWED TO ACCUMULATE OVER TOP OF THE TRACK RAILS BETWEEN CROSS CUTS #40 AND #41 FOR THE LONGWALL SECTION.
 
Performance Coal Company     8094591   000203237 9/14/2009  12/24/2009  104(a)   9/15/2009  N   75.380(f)(3)(iii)   425.00  Closed 425.00 425.00
THE OPERATOR FAILED TO SEPARATE THE PRIMARY ESCAPEWAY FOR THE LONGWALL SECTION AT CROSS CUTS #43 AND #51 FROM POWER BOXES (S.N. 14196-1800-100 AND S.N. 29920-209) LOCATED IN THESE BREAKS.
 
Performance Coal Company     8094593   000203237 9/14/2009  12/24/2009  104(a)   9/14/2009  N   75.333(d)(3)   392.00  Closed 392.00 392.00
THE THIRD SET OF AIRLOCK DOORS INBY CROSS CUT #78 FOR THE LONGWALL AND #1 SECTIONS WERE NOT SHUT TO FORM AN AIRLOCK.
 
Performance Coal Company     8094590   000203237 9/14/2009  12/24/2009  104(a)   9/15/2009  N   75.333(d)(1)   127.00  Closed 127.00 127.00
THE OPERATOR FAILED TO APPLY SEALANT TO THE REGULATOR LOCATED ON THE NEW #1 SECTION RETURN.
 
Performance Coal Company     8094594   000203237 9/14/2009  12/24/2009  104(a)   9/14/2009  N   75.1202   176.00  Closed 176.00 176.00
THE CERTIFIED 75.1200 MAP WAS NOT UP-TO-DATE WITH THE CORRECT VENTILATION CONTROLS FOR THE REGULATOR LOCATED ON THE #1 SECTION AND THE DOUBLE SET OF DOORS LOCATED IN THE #4 ENTRY FOR THE LONGWALL.
 
Performance Coal Company     8066155   000200291 9/10/2009  11/19/2009  104(a)   9/10/2009  N   75.342(a)(4)(ii)   100.00  Closed 100.00 100.00
The calibration record for the #1 Miner Ch4 monitor on the #4 section has dates of being done on 07/09/2009 and on 08/19/2009. This is a lapse of 41 days. This calibration is required at least once each 31 days.
 
Performance Coal Company     8066156   000200291 9/10/2009  11/19/2009  104(a)   9/10/2009  N   75.342(a)(4)(ii)   100.00  Closed 100.00 100.00
The calibration record for the #2 Miner Ch4 monitor on the #4 section has dates of being done on 07/09/2009 and on 08/19/2009. This is a lapse of 41 days. This calibration is required at least once each 31 days.
 
Performance Coal Company     8066153   000200291 9/10/2009  11/19/2009  104(a)   9/10/2009  N   75.342(a)(4)(ii)   100.00  Closed 100.00 100.00
The calibration record for the #1 miner Ch4 monitor on #3 section indicates that the last calibration was done on 8/7/2009. That is a lapse of 33 days. This calibration is required at least once every 31 days.
 
Performance Coal Company     8066154   000200291 9/10/2009  11/19/2009  104(a)   9/10/2009  N   75.342(a)(4)(ii)   100.00  Closed 100.00 100.00
The calibration record for the #2 miner Ch4 monitor on #3 section indicates that the last calibration was done on 8/7/2009. That is a lapse of 33 days. This calibration is required at least once every 31 days.
 
Performance Coal Company     8094585   000200291 9/8/2009  11/19/2009  104(a)   9/14/2009  N   75.333(d)(1)   392.00  Closed 392.00 392.00
THE TWO PERMANENT STOPPINGS LOCATED BETWEEN THE AIRLOCK DOORS AT #9 CROSS CUT ON THE LONGWALL SECTION TRACK HAD NOT BEEN PLASTERED ON EITHER SIDE.
 
Performance Coal Company     8094584   000200291 9/8/2009  11/19/2009  104(a)   9/8/2009  N   75.333(d)(3)   392.00  Closed 392.00 392.00
THE THIRD SET OF AIRLOCK LOCATED INBY #78 CROSS CUT IN THE TRACK ENTRY GOING TO THE LONGWALL SECTION WERE NOT SHUT.
 
Performance Coal Company     8094587   000200291 9/8/2009  4/7/2012  104(a)   9/14/2009  Y   75.380(d)(1)   3,143.00  Closed 3,143.00 3,143.00
THE OPERATOR FAILED TO MAINTAIN A SAFE CLEAR TRAVELWAY IN THE PRIMARY ESCAPEWAY FOR THE LONGWALL SECTION MMU-050. FROM CROSS CUT #67 TO CROSS CUT #26 THE LIFELINE WAS INSTALLED OVER THE TRACK RAILS IN NUMEROUS LOCATIONS WHERE THE TRACK WAS SETTING ON CRIB BLOCKS CREATING A TRIP HAZARD.
 
Performance Coal Company     8094586   000200291 9/8/2009  11/19/2009  104(a)   9/14/2009  N   75.1505(a)(1)   285.00  Closed 285.00 285.00
THE OPERATOR FAILED TO PROVIDE AN ESCAPEWAY MAP FOR THE MINERS LOCATED ON THE LONGWALL SECTION MMU-050.
 
Performance Coal Company     8094583   000200291 9/4/2009  4/7/2012  104(a)   9/4/2009  Y   75.202(a)   8,209.00  Closed 8,209.00 8,209.00
THE OPERATOR FAILED TO CONTROL THE LEFT RIB FROM CROSS CUT #77 TO #78 ALONG THE TRACK ENTRY FOR THE LONGWALL SECTION. THIS RIB APPROXIMATELY 50 FT. LONG,18 INCHES WIDE, AND 12 TO 18 INCH THICK.
 
Performance Coal Company     6612937   000200291 9/3/2009  11/19/2009  104(a)   9/4/2009  N   75.370(d)   585.00  Closed 585.00 585.00
The operator implemented an intentional change to the ventilation system that altered the main air current in a manner that could materially affect the safety and health of the miners without the approval of the District Manager. The intake air course from the Birchton Portals to the junction of the Parallel North Mains was changed from an intake air course to a neutral air course without an approved ventilation revision.
 
Performance Coal Company     6612934   000200291 9/1/2009  4/7/2012  104(d)(2)   9/4/2009  N   75.370(a)(1)   8,421.00  Closed 8,421.00 8,421.00
The operator failed to follow an approved ventilation revision, approved August 06, 2009, in that (1) a stopping was constructed across the No. 2 neutral entry adjacent from the No. 4 Seal in Seal Set 13; (2) a regulator was constructed near EP-TG 1 on the angled connector opposite Regulator 1 and 2; and (3) two regulators were installed inby and outby the longwall tailgate conveyor drive.The following controls were not installed as approved: (1) the first regulator in EP-TG 1, the two regulators which comprise EP-LW 3.The cited conditions collectively contributed to an air reversal in the longwall setup entries where men were working on longwall setup. A ventilation change was made which was not in accordance with 30 CFR 75.324 (see accompanying citation). A certified foreman who was directing the work force was present at the longwall setup where the air reversal was both obvious and extensive. The air reversal existed since yesterday (bleeder fan brought on line).
 
Performance Coal Company     8094582   000200291 9/1/2009  11/19/2009  104(a)   9/4/2009  N   75.370(a)(1)   190.00  Closed 190.00 190.00
THE OPERATOR FAILED TO FOLLOW THE APPROVED VENTILATION PLAN (8/6/2009) FROM CROSS CUT #81 TO CROSS CUT #78. AIRFLOW HAS REVERSED IN THIS ENTRY ALLOWING THE AIR TO COME OUTBY INSTEAD OF INBY
 
Performance Coal Company     8091973   000200291 9/1/2009  11/19/2009  104(a)   9/1/2009  N   75.370(a)(1)   392.00  Closed 392.00 392.00
The operator is not following the approved ventilation plan. No line curtain is in the face of the #5 entry on the #3 section. The face is driven 22 feet from flush and bolted. Under the page titled "Safety Precautions", of the MMU 065 Methane and Dust Control Plan, item #4 states that the line curtain shall be advanced during bolting operations, until it is within 10 feet of the face. After that, on the page titled SECTION SPECIFIC METHANE AND DUST CONTROL PLAN, under FACE VENTILATION, item d states that a minimum of 3000 cfm will be maintained in all idle faces.
 
Performance Coal Company     8091974   000200291 9/1/2009  11/19/2009  104(a)   9/1/2009  N   75.904   499.00  Closed 499.00 499.00
A dewatering pump at the end of the track on the #3 section is not properly labeled for identification. The cathead at the power center reads "#18 break track pump". The in line breaker for that pump reads " #1 pump".
 
Performance Coal Company     8091972   000200291 9/1/2009  11/19/2009  104(a)   9/1/2009  N   75.370(a)(1)   392.00  Closed 392.00 392.00
The operator is not following the approved ventilation plan. No line curtain is in the face of the #4 entry on the #3 section. The face is driven 20 feet from flush and bolted. Under the page titled "Safety Precautions", of the MMU 065 Methane and Dust Control Plan, item #4 states that the line curtain shall be advanced during bolting operations, until it is within 10 feet of the face. After that, on the page titled SECTION SPECIFIC METHANE AND DUST CONTROL PLAN, under FACE VENTILATION, item d states that a minimum of 3000 cfm will be maintained in all idle faces.
 
Performance Coal Company     6612936   000200291 9/1/2009  4/7/2012  104(d)(2)   9/4/2009  N   75.324(b)(2)   4,810.00  Closed 4,810.00 4,810.00
An intentional change in the ventilation system was in the process of being implemented and unnecessary persons were working in the mine. The operator was in the process of implementing a ventilation change approved by the District Manager on August 6, 2009. Several required ventilation controls were not yet installed, and several ventilation controls were installed but were not approved in the ventilation plan (see citation 6612934). Airflow had reversed in the longwall set-up entries (see citation 6612934), and airflow was reversed in neutral aircourses (see citations 8094582, and 6612934).Two coal producing sections, the number 3 section and the number 4 section, returned to production approximately 7 a.m. on September 1, 2009 prior to the completion of the ventilation change. Additionally, three track/motor crew persons were working in the headgate entries inby the longwall recovering high voltage line, an electrician was working along the longwall face, and several Joy Manufacturing service representatives were on the longwall section. Additionally, the number 2 section was mining coal and the number 1 section had persons working in preparation to run coal.The condition cited was mine wide and the existance of the underlying ventilation conditions (citations 8094581 and 6612934) were both extensive and obvious. Foreman traveled and worked in the areas which were not properly ventilated.
 
Performance Coal Company     8094581   000200291 9/1/2009  11/19/2009  104(a)   9/4/2009  N   75.333(b)   108.00  Closed 108.00 108.00
THE AIRLOCK DOORS LOCATED IN THE TRACK ENTRY OUTBY THE PLUMLEY SWITCH IS NOT BEING MAINTAINED FOR THE PURPOSE THEY WERE INSTALLED FOR. THE INBY SET OF DOORS WOULD NOT STAY CLOSED TO FORM AN AIRLOCK.
 
Performance Coal Company     8094580   000200291 8/30/2009  4/7/2012  104(a)   8/30/2009  Y   75.202(a)   3,405.00  Closed 3,405.00 3,405.00
THE OPERATOR FAILED TO SUPPORT OR CONTROL THE RIBS ON THE #4 SECTION BETWEEN ENTRIES #3 AND #4 IN THE L.O.B.,THE LEFT RIB AT THE FEEDER, AND THE RIB BETWEEN THE #2 AND #3 ENTRIES ONE BREAK OUTBY THE L.O.B. THESE RIBS WERE APPROXIMATELY 10 TO 16 FT. IN LENGTH 1 FT. THICK, AND 18 INCHES WIDE OF SLATE ROCK.
 
Performance Coal Company     8086166   000200291 8/30/2009  11/19/2009  104(a)   8/30/2009  N   77.1109(e)   392.00  Closed 392.00 392.00
There are no fire extinguishers provided for the two 55-gallon drums of Kerosene located near the roll-up doors in the motor shop. Both drums have Kerosene in them.
 
Performance Coal Company     8086167   000200291 8/30/2009  11/19/2009  104(a)   8/30/2009  N   77.1102   224.00  Closed 224.00 224.00
There are no "No Smoking" signs located at the two 55-gallons of kerosene located in the motor barn area.
 
Performance Coal Company     8094579   000200291 8/30/2009  11/19/2009  104(a)   9/8/2009  N   75.370(a)(1)   176.00  Closed 176.00 176.00
THE OPERATOR FAILED TO FOLLOW THE APPROVED VENTILATION PLAN ON THE MMU-062 SECTION IN THE #1 ENTRY. THIS ENTRY WAS INBY THE LAST OPEN BREAK FOR APPROXIMATELY 45 FT. WITH THE LINE CURTAIN LAYING ON THE MINE FLOOR.
 
Black Diamond 2 Construction, Inc   IDS  8094578   000200983 8/27/2009  11/25/2009  104(a)   8/27/2009  N   77.1607(s)   100.00  Closed 100.00 100.00
THE OPERATOR OF TRUCK #125-0019 WAS MOVING BETWEEN WORK AREAS WITH THE BED OF THE TRUCK NOT IN THE TRAVEL POSITION.
 
Performance Coal Company     8094576   000200291 8/27/2009  11/19/2009  104(a)   9/8/2009  N   77.1000   243.00  Closed 243.00 243.00
THE OPERATOR FAILED TO ESTABLISH AND FOLLOW A GROUND CONTROL PLAN WHERE THE HIGHWALL IS BEING DEVELOPED AT THE ELLIS PUNCH OUT PORTALS.
 
Black Diamond 2 Construction, Inc   IDS  8094577   000200983 8/27/2009  11/25/2009  104(a)   8/27/2009  N   77.1607(s)   100.00  Closed 100.00 100.00
THE OPERATOR OF TRUCK #125-0030 WAS MOVING BETWEEN WORK AREAS WITH THE BED OF THE TRUCK NOT IN THE TRAVEL POSITION.
 
Performance Coal Company     8094575   000200291 8/26/2009  11/19/2009  104(a)   9/8/2009  N   75.1200   100.00  Closed 100.00 100.00
THE OPERATOR FAILED TO MAKE TEMPORARY NOTATIONS ON THE 75.1200 MAP FOR THE ANGLE STOPPING AT SPAD #22338, A MISSING STOPPING AT SPAD #22220,WATER AT SPAD #222219,AND MAN DOORS AT SPAD #21089.THIS IS A NOTICE TO THE OPERATOR THAT THE 75.1200 MAP HAS BEEN CITED FOR THESE CONDITIONS 4 TIMES IN THE LAST 6 MONTHS.
 
Performance Coal Company     8094573   000200291 8/26/2009  4/7/2012  104(a)   8/26/2009  Y   75.1715   2,901.00  Closed 2,901.00 2,901.00
THE CHECK-IN AND CHECK-OUT SYSTEM AT THIS MINE WAS NOT PROVIDING POSITIVE IDENTIFICATION OF 27 MINERS FOR THE DAYSHIFT. SEVENTEEN MINERS WERE NOT CHECKED IN AND 10 MINERS WERE CHECKED IN, BUT WAS GONE FROM THE MINE.
 
Performance Coal Company     8094572   000200291 8/26/2009  4/7/2012  104(a)   8/26/2009  Y   75.1501(a)   2,901.00  Closed 2,901.00 2,901.00
THE DESIGNATED PERSON TO TAKE CHARGE IN THE EVENT OF AN EMERGENCY DID NOT KNOW THE LOCATION OF THE MINERS UNDERGROUND. A TOTAL OF 79 MINERS WERE UNDERGROUND WITH NO MEANS OF TRACKING THE LOCATIONS OF THESE MINERS.
 
Performance Coal Company     8094574   000200291 8/26/2009  11/19/2009  104(a)   9/8/2009  N   75.400   285.00  Closed 285.00 285.00
ACCUMULATION OF FLOAT COAL DUST WAS PRESENT INSIDE THE KVA BOX (S.N. 22037-2300-1105) LOCATED AT THE 4 NORTH BELT HEAD.
 
Performance Coal Company     8094571   000200291 8/24/2009  11/19/2009  104(a)   8/24/2009  N   75.1100-3   150.00  Closed 150.00 150.00
THE DRY CHEMICAL SYSTEM BEING USED ON THE SCOOP BATTERY CHARGER (S.N.EL1353) WAS NOT BEING MAINTAINED IN A USABLE CONDITION. THIS SYSTEM WAS MISSING THE CANISTER FOR THE DRY CHEMICAL
 
Performance Coal Company     8094570   000200291 8/24/2009  11/19/2009  104(a)   8/25/2009  N   75.400   285.00  Closed 285.00 285.00
ACCUMULATION OF COMBUSTIBLE MATERIAL (LOOSE COAL) WAS ALLOWED TO ACCUMULATE AT CROSS CUT #28 ON THE #1 SOUTH BELT LINE. THIS MATERIAL WAS APPROXIMATELY 4 TO 6 INCHES DEEP,4 FT. WIDE, AND 22 FT. IN LENGTH.
 
Performance Coal Company     8086155   000200291 8/17/2009  11/19/2009  104(a)   8/25/2009  N   75.333(d)(2)   224.00  Closed 224.00 224.00
The operator is failing to properly maintain the airlock doors located on the track outby the no.1 section, between no. 83-84 stoppings. The outby set of doors is damaged and allows air to enter between the two sets, thus not forming an airlock.
 
Performance Coal Company     8086156   000200291 8/17/2009  11/19/2009  104(a)   8/17/2009  N   75.400-2   308.00  Closed 308.00 308.00
The operator is failing to follow the approved Clean-up Plan on the no.2 section. The 3-right cross-cut and the no.4 entry have not been cleaned prior to the next mining cycle being conducted. The 3-right cross-cut was dirty for a distance of 40 feet and the no.4 entry was dirty for a distance of 90 feet. Both entries have been mined since the area was cleaned last.
 
Performance Coal Company     8094566   000197138 8/13/2009  10/22/2009  104(a)   8/17/2009  N   75.208   499.00  Closed 499.00 499.00
THE OPERATOR FAILED TO INSTALL A READILY VISIBLE WARNING DEVICES OR A PHYSICAL BARRIER TO IMPEDE TRAVEL BEYOND PERMANENT SUPPORT AT CROSS CUT #132 ON THE OLD NORTH MAINS BELT LINE.
 
Performance Coal Company     8094568   000197138 8/13/2009  10/22/2009  104(a)   8/13/2009  N   75.380(d)(7)(i)   362.00  Closed 362.00 362.00
THE OPERATOR FAILED TO MAINTAIN A CONTINUOUS LIFELINE IN THE PRIMARY ESCAPEWAY AT #81 CROSS CUT FOR THE #2 SECTION. A BLACK PLASTIC 2 INCH WATER LINE WAS UNDER THE LIFELINE.
 
Performance Coal Company     8094567   000197138 8/13/2009  10/22/2009  104(a)   8/13/2009  N   75.1714-7(a)   540.00  Closed 540.00 540.00
THE OPERATOR FAILED TO PROVIDE A MULTI-GAS DETECTOR FOR THE LONG WALL MOTOR CREW AT CROSS CUT #81 COMING OFF THE LONG WALL SET-UP.THIS IS A NOTICE TO THE OPERATOR THAT THIS CITATION HAS BEEN ISSUED 3 TIMES IN THE LAST TWO INSPECTION DAYS.
 
Performance Coal Company     8094569   000197138 8/13/2009  4/7/2012  104(a)   8/13/2009  Y   75.204(f)(4)   5,961.00  Closed 5,961.00 5,961.00
THE OPERATOR WAS FAILING TO TEST THE TORQUE RANGE ON THE TORQUE TENSION RESIN ASSISTED BOLTS BEING INSTALLED ON THE MMU-040 SECTION. THE TORQUE WRENCH THAT WAS ON THE LEFT BOLT MACHINE DID NOT WORK.
 
Performance Coal Company     8091970   000197138 8/12/2009  10/22/2009  104(a)   8/12/2009  Y   75.1725(a)   1,530.00  Closed 1,530.00 1,530.00
The Fletcher roof bolting machine, serial number 200832, on the #3 section, MMU 064-0, is not being maintained in a safe operating condition. The metal plate that identifies lever functions is completely off its' mounts, bent upwards on one side, and moves freely around the levers. Also, 7 inch curtain hooks are hanging on the lever for boom swing. This condition creates a hazard of inadvertent hydraulic machine movement.
 
Performance Coal Company     8091971   000197138 8/12/2009  10/22/2009  104(a)   8/12/2009  N   75.1505(b)   127.00  Closed 127.00 127.00
The #3 Section escapeway map is not being kept up-to-date. The changes to route of travel of the primary and secondary escapeways have not been noted on the current map.
 
Performance Coal Company     8094562   000197138 8/11/2009  10/22/2009  104(a)   8/28/2009  N   75.333(d)(3)   243.00  Closed 243.00 243.00
THE DOORS LOCATED BETWEEN CROSS CUTS #9 AND #10 ON THE #2 SECTION TRACK ARE NOT INSTALLED IN PAIRS TO FORM AN AIRLOCK.
 
Performance Coal Company     8094561   000197138 8/11/2009  10/22/2009  104(a)   8/13/2009  N   75.1100-2(e)   150.00  Closed 150.00 150.00
THE PRESSURE PUMP LOCATED ON THE #2 SECTION WAS NOT PROVIDED WITH FIRE FIGHTING EQUIPMENT.
 
Performance Coal Company     8094555   000197138 8/11/2009  10/22/2009  104(a)   8/13/2009  N   75.1714-7(a)   634.00  Closed 634.00 634.00
THE OPERATOR FAILED TO PROVIDE A MULTI-GAS DETECTOR FOR THREE MINERS LOCATED AT THE #78 CROSS WHERE #1 AND #2 SECTIONS SPLIT.
 
Performance Coal Company     8094558   000197138 8/11/2009  4/7/2012  104(a)   8/13/2009  Y   75.1722(a)   1,111.00  Closed 1,111.00 1,111.00
THE OPERATOR FAILED TO GUARD THE ENDS OF THE HOLD UP ROLLER SHAFT ON THE #1 BELT TAILPIECE #2 SECTION. THIS MOVING SHAFT EXTENDS OUT APPROXIMATELY 4 INCHES FROM THE BEARINGS ON BOTH SIDES OF THE ROLLER.
 
Performance Coal Company     8094565   000197138 8/11/2009  10/22/2009  104(a)   8/13/2009  N   75.1403   585.00  Closed 585.00 585.00
THE OPERATOR ALLOWED WATER TO ACCUMULATE OVER THE TRACK RAILS BETWEEN CROSS CUTS #45 AND #46 ON THE NOTH MAIN TRACK.
 
Performance Coal Company     8094556   000197138 8/11/2009  10/22/2009  104(a)   8/13/2009  N   75.807   499.00  Closed 499.00 499.00
THE OPERATOR FAILED TO INSTALL GUARDING ON THE HIGH VOLTAGE CABLE THAT ENTERS THE METAL WALL OF THE TRACK DOORS LOCATED BETWEEN #9 AND #10 CROSS CUTS ON #2 SECTION. ALSO THERE WAS NO GUARDING WHERE THE DOOR SWINGS OPEN ALLOWING THE DOOR TO TOUCH THE CABLE.
 
Performance Coal Company     8094559   000197138 8/11/2009  4/7/2012  104(a)   8/13/2009  Y   75.400   1,530.00  Closed 1,530.00 1,530.00
ACCUMULATIONS OF COMBUSTIBLE MATERIAL (LOOSE DRY COAL) WAS PRESENT AT THE TAILPIECE ON THE #2 SECTION BELT. THIS MATERIAL WAS APPROXIMATELY 3 TO 30 INCHES IN DEPTH. ALSO THE TAIL ROLLER WAS TURNING IN LOOSE COAL AND THE BELT WAS RUBBING THIS MATERIAL UNDER THE TAILPIECE.
 
Performance Coal Company     8094560   000197138 8/11/2009  4/7/2012  104(a)   8/13/2009  Y   75.400   1,530.00  Closed 1,530.00 1,530.00
ACCUMULATIONS OF COMBUSTIBLE MATERIAL (LOOSE DRY COAL) WAS PRESENT AT THE #1 TAILPIECE FOR #1 BELT #2 SECTION. THIS MATERIAL WAS APPROXIMATELY 3 TO 12 INCHES DEEP AND 17 FT. IN LENGTH ON THE OFFSIDE OF THE BELT. THE END OF THE HOLD UP ROLLER WAS TURNING IN THIS MATERIAL AND THE BELT WAS RUBBING IT UNDER THE TAILPIECE.
 
Performance Coal Company     8094564   000197138 8/11/2009  10/22/2009  104(a)   8/11/2009  N   75.1714-3(b)   499.00  Closed 499.00 499.00
THE OPERATOR FAILED TO REMOVE THE SELF-CONTAINED SELF-RESCUER (S.N.18016) FROM SERVICE THAT WAS DAMAGED THE MINER WAS WEARING AT CROSS CUT #78 WHERE THE #1 AND #2 SECTIONS SPLIT.
 
Performance Coal Company     8094563   000197138 8/11/2009  10/22/2009  104(a)   8/13/2009  N   75.1714-7(a)   499.00  Closed 499.00 499.00
THE OPERATOR FAILED TO PROVIDE A MULTI-GAS DETECTOR FOR THE MINER LOCATED AT THE #78 CROSS CUT WHERE THE #1 AND #2 SECTIONS SPLIT.
 
Performance Coal Company     8094554   000197138 8/11/2009  4/7/2012  104(a)   8/17/2009  Y   75.203(e)(2)   1,944.00  Closed 1,944.00 1,944.00
THE ADDITIONAL ROOF SUPPORT (CRIBS) INSTALLED ON THE NORTH MAINS TRACK BETWEEN CROSS CUTS 57 TO 58,112 TO 113,124 TO 127,AND 131 TO 132 WERE NOT SET AGAINST THE TOP. ALSO 3 CRIBS HAD BEEN KNOCKED OUT CREATING A WIDE PLACE THAT MEASURED 28 TO 281/2 FT. WIDE AND APPROXIMATELY 51 FT. IN LENGTH.
 
Performance Coal Company     8094557   000197138 8/11/2009  10/22/2009  104(a)   8/13/2009  N   75.380(d)(7)(i)   362.00  Closed 362.00 362.00
THE OPERATOR FAILED TO MAINTAIN A CONTINUOUS LIFELINE IN THE SECONDARY ESCAPEWAY ON THE #2 SECTION BETWEEN #9 AND #10 CROSS CUTS. THIS LIFELINE WAS INSTALLED ABOVE THE FRAME OF THE AIR LOCK DOORS THAT WAS INSTALLED. ALSO WHERE THE TRACK TURNS AND ENTERS THE BELT ENTRY (#10 CROSS CUT) THE LIFELINE WAS OVER TOP POWER CABLES.
 
Performance Coal Company     8094553   000197138 8/10/2009  10/22/2009  104(a)   9/21/2009  N   75.337(a)   100.00  Closed 100.00 100.00
THE OPERATOR FAILED TO REPAIR THE #16 SEAL (#3 SET) TO PROTECT MINERS FROM HAZARDS OF THIS SEALED AREA.
 
Performance Coal Company     8094549   000197138 8/3/2009  4/7/2012  104(d)(2)   8/4/2009  N   75.1505(b)   4,000.00  Closed 4,000.00 4,000.00
THE ESCAPEWAY MAP WHERE MINERS CONGREGATE IN THE BATH HOUSE IS NOT CURRENT AND UP TO DATE. THIS MAP SHOWS THE PRIMARY ESCAPEWAY COMING OUT THE OLD FAN ENTRY (#4) ,BUT THE ACTUAL ESCAPEWAY COMES OUT THE #5 PORTAL.
 
Performance Coal Company     8094552   000197138 8/3/2009  4/7/2012  104(d)(2)   8/4/2009  Y   75.204(c)(1)   4,000.00  Closed 4,000.00 4,000.00
THE BEARING PLATES ON APPROXIMATELY 35 ROOF BOLTS WERE NOT FIRMLY AGAINST THE MINE ROOF 20 FT. INBY THE FAN IN THE #5 SOUTH PORTAL. WITH THESE BOLTS HANGING DOWN THIS WAS CREATING UNSUPPORTED ROOF IN THE PRIMARY ESCAPEWAY FOR APPROXIMATE DISTANCE OF 48 FT.
 
Performance Coal Company     8094547   000197138 8/3/2009  10/22/2009  104(d)(2)   8/4/2009  Y   75.380(d)(1)   10,705.00  Closed 10,705.00 10,705.00
THE OPERATOR FAILED TO MAINTAINED THE PRIMARY ESCAPEWAY FOR THE #3 AND #4 SECTIONS, IN A SAFE CONDITION TO ALWAYS ASSURE PASSAGE OF ANYONE INCLUDING DISABLE PERSONS. APPROXIMATELY 6 TO 18 INCHES OF WATER WAS PRESENT FOR A DISTANCE OF 70 FEET, CINDER BLOCKS, METAL BEAMS, 6 BY 6 TIMBERS, AND MUD WAS PRESENT 20 FT. INBY THE FAN, CREATING SLIP, AND TRIP HAZARDS. ALSO APPROXIMATELY TWELVE ROWS OF ROOF SUPPORT WERE DAMAGED TO WHERE THE PLATES WERE NOT FIRMLY AGAINST THE TOP, NO LIFELINE HAD BEEN INSTALLED FROM THE MAN DOORS OF THE FAN FOR APPROXIMATELY 135 FT. UNDERGROUND. CITATIONS WILL BE ISSUED FOR THESE CONDITIONS.
 
Performance Coal Company     8094548   000197138 8/3/2009  4/7/2012  104(d)(2)   8/4/2009  Y   75.380(d)(7)(i)   10,705.00  Closed 10,705.00 10,705.00
THE OPERATOR FAILED TO INSTALL A CONTINUOUS AND DURABLE LIFELINE FOR APPROXIMATELY 135 FT. FROM THE AIRLOCK DOORS OF THE FAN TO THE FIRST RIGHT HANDED CROSS CUT UNDERGROUND. THIS IS THE PRIMARY ESCAPEWAY FOR THE #3 AND #4 SECTIONS.
 
Performance Coal Company     8094550   000197138 8/3/2009  4/7/2012  104(d)(2)   8/4/2009  N   75.1200   4,000.00  Closed 4,000.00 4,000.00
THE 1200 MAP FOR THIS MINE WAS INACCURATE IN THAT THE OPERATOR WAS SHOWING THE FAN FOR THE SOUTH PORTALS IN THE #4 ENTRY AND THE FAN IS LOCATED IN THE #5 ENTRY. ALSO THE #4 ENTRY HAS A STOPPING INSTALLED ACROSS THE MINE OPENING. THE PRIMARY ESCAPEWAY IS SHOWN COMING OUT THE #4 PORTAL WHEN IT SHOULD BE COMING OUT THE #5 PORTAL.
 
Performance Coal Company     8094546   000197138 8/3/2009  10/22/2009  104(a)   8/3/2009  N   75.220(a)(1)   176.00  Closed 176.00 176.00
THE OPERATOR FAILED TO FOLLOW THE APPROVED ROOF CONTROL PLAN. TWO BOLTS WERE FOUND, ONE MEASURING 67 INCH AND THE OTHER 55 INCHES OFF THE RIB AND MEASURING 10 FOOT IN LENGTH. IN THE TRACK ENTRY, #16 CROSSCUT OF #3 SECTION.
 
Performance Coal Company     8094551   000197138 8/3/2009  4/7/2012  104(d)(2)   8/4/2009  N   75.360(b)(6)(ii)   4,000.00  Closed 4,000.00 4,000.00
THE OPERATOR HAS FAILED TO CONDUCT A PRE-SHIFT EXAMINATION ON THE ROOM THAT WAS DRIVEN APPROXIMATELY 23 FT. OFF THE INTAKE AIR COURSE AT SPAD #26 SOUTH PORTAL.
 
Performance Coal Company     8094545   000197138 8/2/2009  10/22/2009  104(a)   8/3/2009  N   75.514   100.00  Closed 100.00 100.00
THE CONNECTION AND SPLICE FOR THE PANIC SWITCH LOCATED ON THE #2 SCOOP (BIG SCOOP) ON #3 SECTION WERE NOT EFFICIENTLY INSULATED. EXPOSED WIRING WERE VISIBLE ON THE LEFT SIDE OF THE OPERATING DECK.
 
Performance Coal Company     8094541   000197138 8/2/2009  10/22/2009  104(a)   8/3/2009  N   75.1106-3(a)(3)   150.00  Closed 150.00 150.00
The compress gas cylinder, serial #S66983, located at 13 break on #1 belt ( #3 section), was not being protected against damage from falling material, in that the cylinder was not provided with a metal cap.
 
Performance Coal Company     8094542   000197138 8/2/2009  10/22/2009  104(a)   8/3/2009  N   75.400   285.00  Closed 285.00 285.00
ACCUMULATIONS OF COMBUSTIBLE MATERIAL (LOOSE COAL SATURATED WITH HYDRAULIC OIL) WAS ALLOWED TO ACCUMULATED IN THE DECK OF THE # 196 SCOOP LOCATED ON #3 SECTION. THIS MATERIAL WAS APPROXIMATELY 1 TO 6 INCHES IN DEPTH COVERING THE ENTIRE DECK.
 
Performance Coal Company     8094544   000197138 8/2/2009  10/22/2009  104(a)   8/3/2009  N   75.1107-9(a)(1)   150.00  Closed 150.00 150.00
THE DRY CHEMICAL FIRE EXTINGUISHING NOZZLES LOCATED ON THE #2 SCOOP (BIG SCOOP) WERE NOT BEING PROTECTED AGAINST THE ENTRANCE OF MOISTURE, DUST OR DIRT. THESE NOZZLES WERE NOT PROVIDED WITH CAPS.
 
Performance Coal Company     8094543   000197138 8/2/2009  10/22/2009  104(a)   8/3/2009  N   75.503   243.00  Closed 243.00 243.00
THE #2 SCOOP (BIG SCOOP) LOCATED ON #3 SECTION WAS NOT BEING MAINTAINED IN PERMISSIBLE CONDITION IN THAT AN OPENING EXCEEDING .005 WAS FOUND IN THE TOP OF THE MAIN CONTROL PANEL LID.
 
Performance Coal Company     8084967   000197138 7/29/2009  4/7/2012  104(d)(2)   7/29/2009  Y   75.350(a)   5,211.00  Closed 5,211.00 5,211.00
The operator is using belt air to ventilate the number 1 section.
 
Performance Coal Company     8084965   000197138 7/29/2009  4/7/2012  104(d)(2)   7/29/2009  Y   75.333(b)(1)   11,597.00  Closed 11,597.00 11,597.00
The operator had 4 open cross cuts on the return side in the number 1 section. Two of these stopping's were taken out to grade bottom in the right return for water drainage.
 
Performance Coal Company     8094536   000197138 7/29/2009  10/22/2009  104(a)   8/25/2009  N   75.202(a)   190.00  Closed 190.00 190.00
THE OPERATOR FAILED TO CONTROL OR SUPPORT THE LEFT AND RIGHT RIBS FROM CROSS #21 TO CROSS CUT #31 IN THE LEFT RETURN AT THE SOUTH PORTAL. THESE RIBS ARE APPROXIMATELY 6 TO 12 INCHES THICK, 5FT. IN WIDTH, AND ARE 5 FT. TO 60 FT. IN LENGTH IN THIS AREA. ALSO THESE HAVE SEPARATED FROM THE BLOCK OF COAL AT THE TOP OF THESE RIBS.
 
Performance Coal Company     8094537   000197138 7/29/2009  10/22/2009  104(a)   7/29/2009  N   75.1107-9(a)(1)   150.00  Closed 150.00 150.00
THE DRY CHEMICAL FIRE EXTINGUISHING SYSTEM ON THE FORKLIFT LOCATED ON THE #3 SECTION WAS NOT BEING PROTECTED AGAINST MOISTURE ENTERING THE SYSTEM. THE HOSE THAT WAS ATTACHED TO THE CANISTER WAS NOT CONNECTED TO THE ACTUATOR IN THE DECK.
 
Performance Coal Company     8094540   000197138 7/29/2009  4/7/2012  104(a)   8/2/2009  Y   75.202(a)   2,473.00  Closed 2,473.00 2,473.00
THE OPERATOR FAILED TO CONTROL OR SUPPORT THE RIGHT RIB( ENTERING THE MINE) 30 FT. INBY CROSS CUT #8 IN THE TRACK ENTRY. THIS RIB IS APPROXIMATELY 12 INCHES THICK ,8FT. WIDE, 18 FT. IN LENGTH, AND HAS SEPARATED FROM THE BLOCK OF COAL.
 
Performance Coal Company     8094539   000197138 7/29/2009  4/7/2012  104(a)   7/29/2009  Y   75.1731(b)   745.00  Closed 745.00 745.00
THE ALIGNMENT OF THE #1 BELT CONVEYOR (#3 SECTION) WAS ALLOWING THE BOTTOM BELT FROM CROSS CUT #6 TO CROSS CUT #5 TO RUB AND CUT INTO THE BELT STANDS IN THREE DIFFERENT LOCATIONS IN THIS AREA.
 
Performance Coal Company     8084966   000197138 7/29/2009  4/7/2012  104(d)(2)   7/29/2009  Y   75.370(a)(1)   18,742.00  Closed 18,742.00 18,742.00
The operator did not have the required 13,500 CFM in the LOB in the number 1 section. When checked there was only10,080 CFM.
 
Performance Coal Company     8094538   000197138 7/29/2009  4/7/2012  104(a)   8/2/2009  Y   75.1722(a)   1,111.00  Closed 1,111.00 1,111.00
THE HOLD UP ROLLER SHAFT FOR THE #1 BELT TAILPIECE (#3 SECTION) WAS NOT GUARDED TO PREVENT MINERS FROM COMING IN CONTACT WITH THIS MOVING SHAFT. APPROXIMATELY 3 1/4 INCHES OF THIS MOVING SHAFT WAS STICKING OUT FROM THE BEARING ALLOWING MINERS TO COME IN CONTACT WITH THE SHAFT.
 
Performance Coal Company     8094535   000197138 7/28/2009  10/22/2009  104(a)   7/29/2009  N   75.1504   499.00  Closed 499.00 499.00
THE OPERATOR FAILED TO FOLLOW THE APPROVED EMERGENCY RESPONDS PLAN ON THE #3 SECTION IN THAT NO MULTI-GAS DETECTOR WAS PROVIDED AT THE MINE EMERGENCY SHELTER.
 
Performance Coal Company     8094530   000197138 7/27/2009  10/22/2009  104(a)   7/27/2009  N   75.515   100.00  Closed 100.00 100.00
THE POWER CABLE FOR THE #3 SECTION FEEDER WAS NOT SUBSTANTIALLY BUSHED WHERE THE CABLE ENTERED THE JUNCTION BOX.
 
Performance Coal Company     8094532   000197138 7/27/2009  4/7/2012  104(d)(2)   7/27/2009  N   75.220(d)   6,115.00  Closed 6,115.00 6,115.00
THE APPROVED SUPPLEMENT TO THE ROOF CONTROL PLAN DATED 11/14/2008 WAS IMPLEMENTED AT THIS MINE AND MINERS WERE NOT INSTRUCTED OF THIS REVISION ON THE #3 SECTION THAT IS PILLARING.
 
Performance Coal Company     8094534   000197138 7/27/2009  10/22/2009  104(a)   7/27/2009  N   75.220(e)   334.00  Closed 334.00 334.00
THE APPROVED SUPPLEMENTAL ROOF CONTROL PLAN DATED 11/14/2008 WAS NOT MADE AVAILABLE TO THE MINERS WORKING ON THE #3 SECTION.
 
Performance Coal Company     8094529   000197138 7/27/2009  10/22/2009  104(a)   7/29/2009  N   75.400   285.00  Closed 285.00 285.00
ACCUMULATIONS OF LOOSE COAL SATURATED WITH HYDRAULIC OIL WAS PRESENT IN THE DECK OF SCOOP # T337-196-2-08 AND UNDER THE SHIELDS OF THIS SCOOP. THIS MATERIAL WAS APPROXIMATELY 2 TO 4 INCHES DEEP IN THESE AREA AND HYDRAULIC OIL WAS COVERING THE AREA WHERE THE PTO HOOK UP IS LOCATED.
 
Performance Coal Company     8094533   000197138 7/27/2009  10/22/2009  104(a)   7/27/2009  N   75.220(a)   1,657.00  Closed 1,657.00 1,657.00
THE OPERATOR FAILED TO FOLLOW THE APPROVED ROOF CONTROL PLAN DATED 7/27/2007 ON THE #3 SECTION PAGE #1 ITEM #7 FOR THE SAFETY PRECAUTIONS. A COPY OF THE SUPPLEMENT DATED 11/14/2008 WAS NOT LOCATED ON THE #3 SECTION.
 
Performance Coal Company     8094531   000197138 7/27/2009  4/7/2012  104(d)(2)   7/27/2009  N   75.220(a)   6,115.00  Closed 6,115.00 6,115.00
THE OPERATOR HAS FAILED TO FOLLOW THE APPROVED ROOF CONTROL PLAN (11/14/2008 5th SUPPLEMENT) FOR THE #3 SECTION THAT'S PILLARING. THIS APPROVED PLAN ITEM #33 STATES THAT FIVE 8FT. CABLE BOLTS WILL BE INSTALLED IN THE INTERSECTIONS PRIOR TO SECOND MINING OF THE PILLAR BLOCK BEING MINED. THE SECTION FOREMAN HAS BEEN FOLLOWING THE APPROVED ROOF CONTROL PLAN DATED 7/27/2007.
 
Performance Coal Company     8094528   000197138 7/27/2009  10/22/2009  104(a)   7/27/2009  N   75.380(d)(1)   499.00  Closed 499.00 499.00
THE OPERATOR FAILED TO PROVIDE A SAFE CLEAR TRAVELWAY FOR THE SECONDARY ESCAPEWAY FOR #3 SECTION. SCOOP # T337-196-2-08 WAS ON CHARGE UNDER THE LIFELINE ONE CROSS CUT OUTBY THE SECTION TAILPIECE. ALSO THE TOOL BOX SLED WAS BLOCKING THE LIFELINE 20 FT. INBY THIS SCOOP.
 
Performance Coal Company     8086142   000197138 7/22/2009  10/22/2009  104(a)   7/22/2009  N   75.325(b)   117.00  Closed 117.00 117.00
When checked with smoke the belt air was entering the MMU-029/040 section.
 
Performance Coal Company     8086141   000197138 7/22/2009  10/22/2009  104(a)   7/22/2009  N   75.325(b)   100.00  Closed 100.00 100.00
When checked with a calibrated anemometer, the air reaching the last open cross-cut between no. 3 and 4 entries, on the MMU-029/040 section was only 7,296 CFM.
 
Performance Coal Company     8094527   000197138 7/21/2009  4/7/2012  104(d)(2)   7/22/2009  N   75.400   4,000.00  Closed 4,000.00 4,000.00
ACCUMULATION OF LOOSE COAL WAS PRESENT AT THE #2 TAILPIECE (2 BELT) FOR #1 SECTION FROM THE BACK OF THE TAILPIECE OUTBY FOR TWO CROSS CUTS. THIS MATERIAL WAS APPROXIMATELY 6 TO 15 INCHES DEEP IN THIS AREA. ALSO FROM CROSS CUT #60 OUTBY TO THE #2 HEAD INCLUDING UNDER THE DRIVE MOTORS LOOSE COAL WAS PRESENT. THIS MATERIAL WAS APPROXIMATELY 2 TO 8 INCHES IN DEPTH ALONG THIS BELT FROM THE TRACK RAIL TO THE OFFSIDE RIB OF THE BELT.
 
Performance Coal Company     8094526   000197138 7/21/2009  4/7/2012  104(d)(2)   7/22/2009  Y   75.360(a)(1)   4,810.00  Closed 4,810.00 4,810.00
THE PRE-SHIFT EXAMINATION FOR #3 BELT FOR #1 SECTION DAYSHIFT 7/21/2009 WAS INADEQUATE IN THAT APPROXIMATELY 31 BOTTOM ROLLERS WERE BROKE OFF LYING ON THE MINE FLOOR AND THE OTHER END WAS HANGING ON THE BELT RAIL.
 
Performance Coal Company     8094523   000197138 7/21/2009  10/22/2009  104(a)   7/21/2009  N   75.333(h)   308.00  Closed 308.00 308.00
THE LAST PERMANENT STOPPING LOCATED 1 CROSS CUT OUTBY SPAD #23700 ON #1 SECTION WAS NOT BEING MAINTAINED FOR THE PURPOSE FOR WHICH IT WAS INSTALLED. THIS STOPPING SEPARATES THE INTAKE FROM THE LEFT RETURN.
 
Performance Coal Company     8094524   000197138 7/21/2009  10/22/2009  104(a)   7/22/2009  Y   75.1731(a)   1,304.00  Closed 1,304.00 1,304.00
APPROXIMATELY 31 BOTTOM BELT ROLLERS WERE OFF THE RAILS ON OF THE #3 SECTION BELT FOR #1 SECTION. THESE ROLLERS WERE LYING IN ACCUMULATIONS OF LOOSE COAL ON ONE END AND STILL HANGING ON THE BELT RAILS ON THE OTHER END ALLOWING THE BELT TO TURN THESE ROLLERS.
 
Performance Coal Company     8094525   000197138 7/21/2009  4/7/2012  104(d)(2)   7/22/2009  Y   75.400   9,122.00  Closed 9,122.00 9,122.00
ACCUMULATIONS OF LOOSE COAL WAS PRESENT ALONG THE #3 SECTION FOR #1 SECTION FROM CROSS CUT #128 OUTBY TO THE #3 BELT HEAD. THIS MATERIAL WAS APPROXIMATELY 3 TO 18 INCHES DEEP FROM THE TRACK RAIL TO THE OFFSIDE RIB ON THIS BELT. THE PRE-SHIFT RECORD FOR THIS BELT LIST NEEDS SPOT CLEANED AND DUSTED SINCE 7/11/2009
 
Performance Coal Company     8094521   000197138 7/20/2009  10/22/2009  104(a)   7/21/2009  N   75.1403   460.00  Closed 460.00 460.00
WATER HAD BEEN ALLOWED TO ACCUMULATE OVER TOP OF THE TRACK RAILS AT CROSS CUT #126 ON THE #1 SECTION.
 
Performance Coal Company     6612480   000197138 7/20/2009  10/22/2009  104(a)   7/21/2009  N   75.400   224.00  Closed 224.00 224.00
ACCUMULATION OF LOOSE COAL SATURATED WITH HYDRAULIC OIL WAS PRESENT IN THE DECK OF SCOOP # T339-396-12-06. ALSO THIS MATERIAL WAS PRESENT UNDER THE SHIELDS AT THE SCOOP DECK AND UNDER THE SHIELDS WHERE THE JUNCTION BOX IS LOCATED. THIS MATERIAL WAS APPROXIMATELY 1 TO 3 INCHES IN DEPTH AND PACKED IN THESE AREAS.
 
Performance Coal Company     6612478   000197138 7/20/2009  10/22/2009  104(a)   7/20/2009  N   75.1106-2(a)(1)   127.00  Closed 127.00 127.00
THE OPERATOR FAILED TO PLACE 4 COMPRESSED GAS CYLINDERS IN DEVICES DESIGNED TO HOLD THEM IN PLACE DURING TRANSIT ON THE FLAT CAR BEING PULLED BY THE #4 MOTOR.
 
Performance Coal Company     6612479   000197138 7/20/2009  10/22/2009  104(a)   7/21/2009  N   75.503   176.00  Closed 176.00 176.00
THE SPRING LOADED DEVICE ON THE #3 SET OF BATTERIES WAS NOT BEING MAINTAINED IN A USABLE CONDITION. THIS SET OF BATTERIES WAS ON THE # T-339-396-12-06 SCOOP THAT WAS ON CHARGE ON THE # 1 SECTION.
 
Performance Coal Company     8094522   000197138 7/20/2009  4/7/2012  104(a)   7/21/2009  Y   75.400   1,657.00  Closed 1,657.00 1,657.00
ACCUMULATIONS OF LOOSE COAL WAS PRESENT ALONG THE #3 SECTION BELT (#1 SECTION) FROM CROSS CUT #131 TO CROSS CUT #128. THIS MATERIAL WAS APPROXIMATELY 2 TO 8 INCHES IN DEPTH ,150 FT. IN LENGTH, AND 12 TO 18 INCHES WIDE. ALSO AT CROSS CUT #128 A BOTTOM ROLLER WAS TURNING IN LOOSE DRY COAL.THE TERMINATION SHOULD HAVE READ: THE LOOSE COAL HAS BEEN CLEANED UP IN THE AFFECTED AREA.
 
Performance Coal Company     6612477   000197138 7/19/2009  10/22/2009  104(a)   7/21/2009  Y   77.404(a)   873.00  Closed 873.00 873.00
THE #6502 FORKLIFT BEING USED TO LOAD SHIELDS ON THE SURFACE IS NOT BEING MAINTAINED IN A SAFE OPERATING CONDITION. AFTER STARTING THE MACHINE THE OPERATOR CAN NOT TURN THE ENGINE OFF WITH THE IGNITION SWITCH. THE OPERATOR REMOVED THE FORKLIFT FROM SERVICE IMMEDIATELY.
 
Performance Coal Company     6612476   000197138 7/19/2009  10/22/2009  104(a)   7/19/2009  N   77.208(d)   150.00  Closed 150.00 150.00
THE OPERATOR FAILED TO STORE 7 COMPRESSED GAS CYLINDERS IN A SAFE MANNER LOCATED BESIDE THE MOTOR BARN WHERE THE LIFE SHELTER (TRAINING UNIT) IS SITTING.
 
Performance Coal Company     6612475   000197138 7/19/2009  10/22/2009  104(a)   7/19/2009  N   77.410(a)   117.00  Closed 117.00 117.00
THE OPERATOR FAILED TO PROVIDE AN AUDIBLE BACK-UP ALARM ON THE #27 FORKLIFT BEING USED TO LOAD SHIELDS ON THE SURFACE.
 
Performance Coal Company     6612472   000197138 7/15/2009  10/22/2009  104(a)   7/20/2009  N   75.333(h)   150.00  Closed 150.00 150.00
NUMEROUS VENTILATION CONTROLS (STOPPINGS) ALONG THE #1 SECTION RIGHT RETURN WERE NOT BEING MAINTAINED TO SERVE THE PURPOSE IN WHICH THEY WERE INSTALLED FOR. THESE STOPPINGS HAD HOLES IN THEM FROM SPAD #23694 TO SPAD #20033 CAUSING THE BELT LINE TO NOT BE SEPARATED FROM THE RETURN.
 
Performance Coal Company     6612473   000197138 7/15/2009  4/7/2012  104(a)   7/20/2009  Y   75.364(b)(2)   745.00  Closed 745.00 745.00
A SAFE TRAVELWAY IS NOT BEING MAINTAINED FOR #1 SECTION RIGHT RETURN FROM CROSS CUT #115 TO CROSS CUT #114 ACCUMULATION OF WATER WAS APPROXIMATELY 18 INCHES IN DEPTH. ALSO FROM CROSS CUT #30 TO CROSS CUT #29 WATER HAD BEEN ALLOWED TO ACCUMULATE APPROXIMATELY 12 INCHES IN DEPTH. BOTH BODIES OF WATER WAS APPROXIMATELY 50 FT . IN LENGTH AND RIB TO RIB.
 
Performance Coal Company     8078826   000197138 7/15/2009  10/22/2009  104(a)   7/20/2009  N   75.203(e)(1)   100.00  Closed 100.00 100.00
The no. 3 entry on mmu 029 beginning on the outby corner at spad 23699, extending outby, was measured 23 ft. 3 inches to 23 ft. 4 inches for a distance of 41 ft. and beginning on the out by corner one break outby spad 23699 was measured 22 ft. 6 inch to 23 ft. wide.
 
Performance Coal Company     8078827   000197138 7/15/2009  10/22/2009  104(a)   7/20/2009  N   75.220(a)(1)   150.00  Closed 150.00 150.00
Page 11 of the approved roof control plan is not being complied with in the no. 3 right opening, one break ouby spad 23699. The opening was measured 28 ft. wide.
 
Performance Coal Company     6612467   000197138 7/15/2009  10/22/2009  104(a)   7/20/2009  N   75.807   190.00  Closed 190.00 190.00
The 12,740 high voltage cable hung along the track haulage roadway to the #1 section was not hung 6.5ft. Off the mine floor as required from brk #125 to #126 for about 8ft. In distance. The cable also was not guarded were men regularly work or travel through this area.The cable was approx. 5.5ft off the mine floor.
 
Performance Coal Company     6612471   000197138 7/15/2009  4/7/2012  104(a)   7/20/2009  Y   75.400   2,678.00  Closed 2,678.00 2,678.00
ACCUMULATIONS OF LOOSE COAL WAS PRESENT ON THE #3 SECTION BELT AT CROSS CUT #128 FOR APPROXIMATELY 12 FT. IN LENGTH 2FT. IN DEPTH, AND 4FT. IN WIDTH ON THE #1 SECTION. ALSO THE SECTION TAILPIECE TAIL ROLLER WAS TURNING IN LOOSE COAL AND THE ACCUMULATIONS WERE APPROXIMATELY 25 FT. OUTBY THE TAIL ROLLER 10 INCHES IN DEPTH , AND APPROXIMATELY 4 FT. IN WIDTH.
 
Performance Coal Company     6612931   000197138 7/15/2009  10/22/2009  104(a)   7/21/2009  N   75.370(a)(1)   243.00  Closed 243.00 243.00
The operator did not follow the ventilation revision to the ventilation plan approved by the District Manager on April 27, 2009, in that the diagonal connector from the 1 North Tailgate to the 1 North Headgate was not provided with the necessary ventilation controls to provide return airways in No. 1, 2, and 3 Entries.
 
Performance Coal Company     8078829   000197138 7/15/2009  10/22/2009  104(a)   7/29/2009  Y   75.380(f)(3)(iii)   1,111.00  Closed 1,111.00 1,111.00
Intake split ventilating the energized long wall head gate electrical box is dumping into the intake escape way for mmu 029 section.
 
Performance Coal Company     6612932   000197138 7/15/2009  10/22/2009  104(a)   7/21/2009  N   75.333(h)   150.00  Closed 150.00 150.00
The operator failed to maintain ventilation controls to serve the purpose for which they were built in the left return off No. 1 Section in that the return airway was common with the neutral airway in the diagonal connector from No. 1 Tailgate to No. 1 Headgate and in the No. 2 Heading outby Break No. 9.Add the following statement: The areas that allowed the return to mix with the neutral are: 1) the stopping in 3 Heading at the cut through to 1 North Headgate had a door open, 2) the overcast in 3 Heading in the diagonal entries has not been sealed, 3) the stopping between 1 and 2 Headings 1 bk inby old belt head has a 4'x4' hole, 4) the scoop air lock doors are damaged at the old belt head, and 5) the scoop air lock doors outby No. 9 break are not sealed adequately.
 
Performance Coal Company     6612469   000197138 7/15/2009  10/22/2009  104(a)   7/15/2009  N   75.370(a)(1)   162.00  Closed 162.00 162.00
The approved methane and dust control plan was not being followed on mmu 040-0. The plan states that there will be 33 water sprays working on the Joy 14-15 miner and only 29 could be found.
 
Performance Coal Company     6612468   000197138 7/15/2009  10/22/2009  104(a)   7/15/2009  N   75.1107-1(c)(1)   100.00  Closed 100.00 100.00
The fire suppression system located on the Joy 14-15 miner ser no 6044 used on mmu 040-0 did not work when tested by the remote box.
 
Performance Coal Company     6612470   000197138 7/15/2009  10/22/2009  104(a)   7/20/2009  Y   75.220(a)(1)   1,111.00  Closed 1,111.00 1,111.00
The approved roof control plan was not being followed on mmu 040-0. The brk from #3 to #4 entry 1brk inby the feeder was found to be 21ft., to 24ft., wide for approx. 19ft., in distance along the left rib. There is also a 6ft., torque tension rooof bolt installed approx. 7ft., off the rib in the same location.
 
Performance Coal Company     8078828   000197138 7/15/2009  10/22/2009  104(a)   7/20/2009  Y   75.380(f)(3)(iii)   1,111.00  Closed 1,111.00 1,111.00
The no. 1 and no. 396 energized scoop charger for mmu 029 was located in the intake escape way, 200 ft. outby the section power center.
 
Performance Coal Company     6612474   000197138 7/15/2009  4/7/2012  104(a)   7/20/2009  Y   75.1403   1,111.00  Closed 1,111.00 1,111.00
THE OPERATOR IS NOT PROVIDING A 24 INCH CLEARANCE ON THE OFFSIDE OF THE #3 BELT (#1 SECTION) FROM CROSS CUT #116 TO CROSS CUT #111. SEVERAL RIB ROLLS, ACCUMULATION OF LOOSE COAL , AND A PIECE OF BELT WAS PRESENT IN THIS AREA.
 
Performance Coal Company     6612466   000197138 7/14/2009  10/22/2009  104(a)   7/14/2009  N   75.1100-2(f)   100.00  Closed 100.00 100.00
THE OPERATOR FAILED TO SUPPLY FIRE FIGHTING EQUIPMENT (FIRE EXTINGUISHERS) AT THE #1 SECTIONS OIL STORAGE HOLE.
 
Performance Coal Company     6612465   000197138 7/14/2009  10/22/2009  104(a)   7/15/2009  N   75.380(d)(7)(iii)   392.00  Closed 392.00 392.00
THE OPERATOR HAS FAILED TO INSTALL REFLECTIVE MATERIAL EVERY 25 FT. ON THE LIFELINE IN THE PRIMARY ESCAPEWAY FOR THE #1 SECTION FOR A DISTANCE OF 120 FT. OUTBY SPAD #23692.
 
Performance Coal Company     6612464   000197138 7/14/2009  4/7/2012  104(a)   7/15/2009  Y   75.380(d)(1)   2,901.00  Closed 2,901.00 2,901.00
THE OPERATOR FAILED TO MAINTAIN A SAFE TRAVELWAY FOR THE SECONDARY ESCAPEWAY LOCATED AT #124 CROSS CUT ON THE #1 SECTION. BLACK MUDDY WATER WAS ALLOWED TO ACCUMULATE OVER 12 INCHES DEEP WHERE THE LIFELINE WAS INSTALLED.
 
Performance Coal Company     6612462   000197138 7/13/2009  10/22/2009  104(a)    7/14/2009 Y   75.370(a)(1)   2,161.00  Closed 2,161.00 2,161.00
THE OPERATOR FAILED TO FOLLOW THE APPROVED VENTILATION PLAN (METHANE DUST CONTROL) ON THE MMU-040 SECTION. THE CONTINUOUS MINING MACHINE WAS MINING THE 2 LEFT CROSS CUT WITH ONLY 1400 CFM AT THE END OF THE LINE CURTAIN.
 
Performance Coal Company     6612463     7/13/2009    104(b)   7/14/2009  N/A    Non-Assessable
THE OPERATOR WAS UNABLE TO GET THE PROPER CFM BEHIND THE LINE CURTAIN IN THE #2 LEFT CROSS CUT ON THE MMU-040 SECTION.
 
Performance Coal Company     6612457   000194059 7/10/2009  4/7/2012  104(a)   7/13/2009  N   75.360(f)   100.00  Closed 100.00 100.00
THE PRE-SHIFT RECORD FOR THE #1 SECTION HAD NOT BEEN COUNTERSIGNED BY THE MINE FOREMAN OR EQUIVALENT SINCE DAY SHIFT 07/05/2009.
 
Performance Coal Company     6612461   000194059 7/10/2009  9/19/2009  104(a)   7/13/2009  N   75.604(b)   499.00  Closed 499.00 499.00
THE PERMANENT SPLICE LOCATED ON THE 14/15 CONTINUOUS MINING MACHINES TRAILING CABLE LOCATED IN THE #2 ENTRY WAS NOT EFFECTIVELY INSULATED AND SEALED TO EXCLUDE MOSITURE.
 
Performance Coal Company     6612459   000194059 7/10/2009  4/7/2012  104(a)   7/14/2009  Y   75.370(a)(1)   1,944.00  Closed 1,944.00 1,944.00
THE 14/15 CONTINUOUS MINING MACHINE LOCATED ON THE #1 SECTION ( #2 ENTRY) DID NOT HAVE THE REQUIRED CFM WHILE MINING IN THE 2 LEFT CROSS CUT. WHEN TAKING AN AIR READING AT THE END OF THE LINE CURTAIN THERE WAS ONLY 4095 CFM.THE CROSS CUT BEING MINED WAS 2 RIGHT INSTEAD OF 2 LEFT.
 
Performance Coal Company     6612460   000194059 7/10/2009  4/7/2012  104(d)(2)   7/10/2009  N   75.370(a)(1)   4,000.00  Closed 4,000.00 4,000.00
THE OPERATOR HAD MADE AN AIR CHANGE ON THE #1 SECTION WITHOUT HAVING AN APPROVED REVISION FROM THE DISTRICT MANAGER. WITH THIS AIR CHANGE MADE THE AIR HAD BEEN REVERSED IN THE #1 ENTRY FROM CROSS CUT #95 TO THE SECTION.
 
Performance Coal Company     6612458   000194059 7/10/2009  9/19/2009  104(a)   7/13/2009  N   75.1403   585.00  Closed 585.00 585.00
WATER HAD BEEN ALLOWED TO ACCUMULATE OVER THE TOP OF THE TRACK RAILS BETWEEN CROSS CUTS #85 AND #86 ON THE #1 SECTION.
 
Performance Coal Company     8086127   000194059 7/9/2009  4/7/2012  104(d)(2)   7/9/2009  Y   75.400   66,142.00  Closed 66,142.00 66,142.00
The operator is failing to properly maintain the 029-040 MMU section. Loose coal has been allowed to accumulate in several locations of the section. The no.4 entry has coal measuring 1 inch to 24 inches deep for a distance of 112 feet on both ribs and the roadway. The 3 right cross-cut has coal accumulations measuring 1 inch to 24 inches deep on both ribs and the roadway for a distance of 79 feet in length. The no.3 entry, just outby the last open cross-cut has coal measuring 1 inch to 24 inches deep on both ribs and the roadway. The 2 left cross-cut has coal accumulations measuring 1 inch to 15 inches deep on both ribs and the roadway for a distance of 40 feet. With the citation issued on 07/08/2009 citing over 2% methane in the same location and the problems encountered today with excessive methane, the above conditions create a hazard.This violation is an unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8072754   000194059 7/8/2009  4/7/2012  104(a)   7/9/2009  Y   75.325(b)   1,111.00  Closed 1,111.00 1,111.00
The quantity of air reaching the last open break of the left side of the Head Gate section, MMU 040-0 is 5,347 cfm. 9,000 cfm is required.
 
Performance Coal Company     8087652   000194059 6/23/2009  4/7/2012  104(a)   6/23/2009  N   75.1715   1,203.00  Closed 1,203.00 1,203.00
The operator is not following the established check-in and check-out system which will provide positive identification of every person underground, and will provide an accurate record of the persons in the mine. There was a total of 114 miners checked in and a record of only 76 miners underground.
 
Performance Coal Company     8090865   000194059 6/22/2009  4/7/2012  104(a)   6/22/2009  Y   77.701   2,473.00  Closed 2,473.00 2,473.00
The Brookeville mantrip on charge at the charger in the shop, does not have the frame ground hooked up between the charger and the batteries.
 
Performance Coal Company     9968698   000194059 6/18/2009  4/7/2012  104(a)    12/4/2009 Y   70.100(a)   1,530.00  Closed 1,530.00 1,530.00
Based on the results of five valid respirable dust samples collected by the operator, the average concentration of respirable dust in the working environment of the designated occupation in the 064-0 mechanized mining unit was 3.733 mg/m3, which exceeded the applicable limit of 2.0 mg/m3. Management shall take corrective actions to lower the respirable dust concentration and submit these changes in writing to the District Manager in the form of an updated Methane and Dust Control plan. After the plan is approved by the District Manager, abatement sampling may begin.
 
Performance Coal Company     8090857   000194059 6/18/2009  4/7/2012  104(a)   6/18/2009  Y   75.220(a)(1)   540.00  Closed 540.00 540.00
The operator is failing to comply with the 5th supplement to the approved roof control plan, page 6, item 31. The roof bolts are not being maintained to within 4' of the rib on the inby track side corner at spad 23388. The corner brow has rolled off making the bolts from 5 1/2' to 9' from the rib.
 
Performance Coal Company     8090858   000194059 6/18/2009  4/7/2012  104(a)   6/18/2009  Y   75.503   634.00  Closed 634.00 634.00
The left side Fletcher roof bolter on the #1 section is not being maintained in a permissible condition. The top center area light has a broken globe an the conduit on the light on the T bar does not have a band securing it to the packing gland. .05 CH4 was detected.
 
Performance Coal Company     8090863   000194059 6/18/2009  4/7/2012  104(a)   6/23/2009  Y   75.1100-2(e)   2,473.00  Closed 2,473.00 2,473.00
The #1 scoop charger located in the intake on the #1 section is not provided with a fire extinguisher. The extinguisher that is present has been discharged.
 
Performance Coal Company     8090861   000194059 6/18/2009  4/7/2012  104(a)   6/18/2009  Y   75.1100-3   873.00  Closed 873.00 873.00
The operator is failing to properly maintain the fire suppression system on the right side Joy continuous miner on the #1 section. Three of the four spray blocks are stopped up.
 
Performance Coal Company     8090862   000194059 6/18/2009  4/7/2012  104(a)   6/18/2009  Y   75.701   1,944.00  Closed 1,944.00 1,944.00
The set of batteries on charge at the 396 charger on the #1 section, does not have the frame ground hooked up between the charger and the batteries.
 
Performance Coal Company     8090860   000194059 6/18/2009  4/7/2012  104(a)   6/18/2009  Y   75.1100-3   873.00  Closed 873.00 873.00
The operator is failing to properly maintain the fire suppression system on the left side Joy continuous miner on the #1 section. Two of the four spray blocks are stopped up.
 
Performance Coal Company     8090859   000194059 6/18/2009  4/7/2012  104(a)   6/23/2009  Y   75.362(d)(2)   946.00  Closed 946.00 946.00
The left roof bolter on the #4 section is not provided with a probe for taking methane checks in an extended cut. The probe on the machine is damaged to the extent that it would not be able to be used.
 
Performance Coal Company     8090864   000194059 6/18/2009  4/7/2012  104(a)   6/18/2009  Y   75.517   873.00  Closed 873.00 873.00
The cable on the right side Fletcher roof bolter on the #1 section is not being maintained in a fully protected and adequately insulated condition. The cable has a hole in the outer jacket exposing the copper in the damaged phase lead inside.
 
Performance Coal Company     8090856   000194059 6/17/2009  4/7/2012  104(d)(2)   6/17/2009  Y   75.370(a)(1)   12,563.00  Closed 12,563.00 12,563.00
The operator is failing to comply with the approved methane/dust control plan, section specific page items 4 and 7. The line curtain in the 4R crosscut is 4 rows of bolts or 15' back from the face. Also the 064 MMU continuous miner is loading in the #3 entry without any line curtain with the miner operator standing in visible dust on the return of the miner. Steve Colo, the section foreman stated to MSHA that he was aware of the conditions. [Name Redacted] engaged in aggravated conduct by failing to take action on a known hazard. This is unwarrantable failure to comply with a mandatory standard.
 
Performance Coal Company     8090854   000194059 6/17/2009  4/7/2012  104(a)   6/17/2009  Y   75.1100-2(f)   873.00  Closed 873.00 873.00
The oil station on the #3 section is not provided with a fire extinguisher. 27- 5 gallon cans of hydraulic oil are being stored at this location.
 
Performance Coal Company     8090855   000194059 6/17/2009  4/7/2012  104(d)(2)   6/17/2009  Y   75.370(a)(1)   12,563.00  Closed 12,563.00 12,563.00
The operator is failing to comply with page5 of the approved ventilation plan and the 064 MMU methane dust control plan, section specific page items 4 and 7. The following conditions were found: 1) There is not a back up check present in the #5 entry. 2) The line curtain in the 4R crosscut is 4 rows of bolts and 15' back from the face. 3) The ventilation current is improperly split and air passing over the left miner is going to the right side of the section. 4) The left side continuous miner is loading in the #3 face without any line curtain and the miner man is standing in the visible dust in the return of the continuous miner. The section foreman stated he was aware of the condition of the face ventilation and failed to take action to correct it. Steve Colo engaged in aggravated conduct by failing to take action on a known hazard. This is unwarrantable failure to comply with a mandatory standard.Change the body of citation to read, " The operator is failing to comply with page 5 of the approved ventilation plan. There is not a back up curtain in the #5 entry and the ventilation current is improperly split allowing the air current passing over the 064MMU to go to the right side and the 065MMU. [Name Redacted] stated to MSHA that he was aware of the condition. He engaged in aggravated conduct by failing to take action on a known hazard. This is unwarrantable failure to comply with a mandatory standard"
 
Performance Coal Company     8090852   000194059 6/16/2009  9/19/2009  104(a)   6/16/2009  N   75.342(a)(4)   190.00  Closed 190.00 190.00
The operator is failing to maintain the methane monitor on the left side Joy 14-15 continuous miner on the #4 section in a proper operating condition. When tested with a 2.5% methane/air mixture, the monitor only went up to .2%.
 
Performance Coal Company     8090853   000194059 6/16/2009  9/19/2009  104(a)   6/16/2009  N   75.503   285.00  Closed 285.00 285.00
The right side Joy 14-15 continuous miner (JM5924) on the #4 section is not being maintained in a permissible condition. The main cable junction box has an opening in excess of .005".
 
Performance Coal Company     6612452   000194059 6/15/2009  9/19/2009  104(a)   6/15/2009  N   75.333(h)   117.00  Closed 117.00 117.00
THE VENTILATION CONTROLS INSTALLED ON THE MMU-062 AND 063 SECTION WERE NOT MAINTAINED TO SERVE THE PURPOSE FOR WHICH THEY WERE BUILT. FROM THE SECTION LOADING POINT TO THE SECTION HEAD 4 OUT OF THE FIVE INTAKE STOPPINGS HAD HOLES IN THE THEM.
 
Performance Coal Company     8090849   000194059 6/15/2009  9/19/2009  104(a)   6/18/2009  N   75.360(f)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete and accurate record of preshift examinations on the #4 section. The preshift examination conducted on the #4 section on 6/14/09 (530am-550am) is dated 5/14/09 and also has no record of the lifeshelter being examined.
 
Performance Coal Company     8090851   000194059 6/15/2009  4/7/2012  104(a)   6/17/2009  Y   75.1505(a)(3)   7,578.00  Closed 7,578.00 7,578.00
The operator is failing to maintain an up to date escapeway map posted in an area where miners congregate before and after shift. The escapeway map posted in the bathhouse is not up to date as to the location of mining, mandoors and ventilation controls on the 1,3, and 4 sections. The map also does not show the change in primary and secondary escapeways for the #4 section, that took effect on 6/15/09.in the lat sentence change "#4 section" to read "#1 section".
 
Performance Coal Company     8090850   000194059 6/15/2009  9/19/2009  104(a)   6/18/2009  N   75.360(f)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete and accurate record of preshift examinations on the #4 section. The preshift examination conducted on the #4 section on 6/14/09 (1100am-210am) is dated 5/14/09 and also has no record of the lifeshelter being examined.
 
Performance Coal Company     8090848   000194059 6/15/2009  9/19/2009  104(a)   6/18/2009  N   75.360(f)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete and accurate record of preshift examinations on the #4 section. The preshift examination conducted on the #4 section on 6/13/09 (1130pm-1152pm) is dated 5/14/09 and also has no record of the lifeshelter being examined.
 
Performance Coal Company     8082839   000191172 6/10/2009  4/7/2012  104(a)   6/10/2009  Y   75.220(a)(1)   1,203.00  Closed 1,203.00 1,203.00
The operator is failing to comply with the safety precaution page, item 22 of the approved roof control plan on the #3 section. The next to the last row of bolts in the #6 entry is marked by only 1 reflector instead of 2.
 
Performance Coal Company     8090842   000191172 6/10/2009  8/20/2009  104(a)   6/10/2009  N   75.325(b)   224.00  Closed 224.00 224.00
The operator is failing to maintain 9000cfm in the Right side last open break on the #3 section. When tested by MSHA only 5700cfm was present.
 
Performance Coal Company     8090844   000191172 6/10/2009  4/7/2012  104(a)   6/17/2009  Y   75.1725(a)   392.00  Closed 392.00 392.00
The Joy 14-10AA continuous miner on the #3 section is not being maintained in a safe operating condition. The offside emergency stop button has the Red palm button missing. This condition would make the emergency stop difficult to find and/or operate. Management removed the miner from service until repairs are made.
 
Performance Coal Company     8090846   000191172 6/10/2009  8/20/2009  104(a)   6/17/2009  N   75.342(a)(4)   100.00  Closed 100.00 100.00
The operator is failing to properly maintain the methane monitor on the Joy 14-10A (s/n 5519A) continuous miner on the #3 section. When tested with a 2.5% CH4/air mixture the monitor only went up to 1.8%.
 
Performance Coal Company     8090845   000191172 6/10/2009  4/7/2012  104(a)   6/17/2009  Y   75.1725(a)   425.00  Closed 425.00 425.00
The Fletcher roof bolter (s/n 2003-318) on the #3 section is not being maintained in a safe operating condition. The automatic temporary roof support will not stay firmly against the mine roof. Management removed the miner from service until repairs are made.Change the word "miner" in the last sentence to read "roof bolter".
 
Performance Coal Company     8090847   000191172 6/10/2009  8/20/2009  104(a)   6/10/2009  N   75.503   285.00  Closed 285.00 285.00
The Joy 14-10A continuous miner (s/n 5519A) on the #3 section is not being maintained in a permissible condition. The cable junction box has an opening in excess of .005". 0% CH4 was detected.
 
Performance Coal Company     8082840   000191172 6/10/2009  4/7/2012  104(d)(2)   6/10/2009  N   75.370(a)(1)   4,000.00  Closed 4,000.00 4,000.00
The operator is failing to comply with the safety precaution page, item 4 and the section specific page of the approved methane/dust control plan on the 064 MMU. Item 4 of the safety precaution page requires curtain to be advanced to within 10' of the face. The #6 face, on the #3 section is 24' deep without any line curtain. The section specific page requires all line curtain to be hung as exhausting. In the #7 entry, the operator has hung a solid check that prevents any air from passing around it and also restricts the LOB velocity to 5700cfm. (separate citation issued.)
 
Performance Coal Company     8090843   000191172 6/10/2009  8/20/2009  104(a)   6/17/2009  N   75.503   285.00  Closed 285.00 285.00
The Fletcher roof bolter on the left side of the #3 section is not being maintained in a permissible condition. One of the lights mounted on the T bar has been tore off along with its power tree. 0% CH4 was detected.
 
Performance Coal Company     8090841   000191172 6/10/2009  4/7/2012  104(a)   6/10/2009  Y   75.220(a)(1)   1,203.00  Closed 1,203.00 1,203.00
The operator is failing to comply with the safety precaution page, item 22 of the approved roof control plan on the #3 section. The next to the last row of bolts in the unsupported #7 entry is marked by only 1 reflector instead of 2.
 
Performance Coal Company     8082829   000191172 6/8/2009  4/7/2012  104(a)   6/8/2009  Y   75.1100-2(b)   11,306.00  Closed 11,306.00 11,306.00
The tail piece on the #3 Belt on the #1 Section is not provided with a ready fire valve. The valve available does not have the male nipple in it, that is necessary to hook up a fire hose. This same fire valve was cited and corrected on 06/03/09. This is the 8th time fire valves have been cited since 03/10/09.
 
Performance Coal Company     8082831   000191172 6/8/2009  4/7/2012  104(d)(2)   6/8/2009  N   75.370(a)(1)   4,000.00  Closed 4,000.00 4,000.00
The operator is failing to comply with an approved revision to the mine ventilation plan. The longwall set up is not being ventilated in the manner specified by the revision. A permanent ventilation control, required to be in place has been practically removed allowing air to short circuit to the return. A regulator required to be in place, to allow air to exit the longwall set up, is instead a solid stopping.
 
Performance Coal Company     8082827   000191172 6/8/2009  4/7/2012  104(a)   6/8/2009  Y   75.380(f)(5)(ii)   1,530.00  Closed 1,530.00 1,530.00
The operator is failing to provide adequate fire suppression on track equipment operated in the intake primary escape way on the #1 Section. The #12 Brookville Jitney is only provided with one 10# fire extinguisher where two are required. The second 10# fire extinguisher has been discharged.
 
Performance Coal Company     8082828     6/8/2009    104(b)   6/8/2009  N/A    Non-Assessable
The operator has failed to take any action to fix the conditions on the #2 Belt, cited in citation #8082817.
 
Performance Coal Company     8082826   000191172 6/8/2009  8/20/2009  104(a)   6/10/2009  N   75.360(f)   100.00  Closed 100.00 100.00
The operator is failing to maintain a complete record of preshift examinations on the #4 Section. On 06/06/09 (110-135 PM) and 06/07/09 (100-125 PM) the operator failed to record last open break air readings and the conditions found in the faces. On 06/06/09 (110-135 PM), 06/07/09 (100-125 PM), 06/06/09 (830-1130 PM) and 06/08/09 (300-500 AM) the operator failed to record where the life shelter had been preshifted.
 
Performance Coal Company     8082830   000191172 6/8/2009  4/7/2012  104(a)   6/8/2009  Y   75.220(a)(1)   1,203.00  Closed 1,203.00 1,203.00
The operator is failing to comply with page 6, item 31 of the 5th supplement to the approved roof control plan, on the #1 Section. In the #2 entry, in the feeder line the corner does not have roof bolts installed within 4 feet of the rib. The bolts are from 4.5 feet to 7 feet from the rib.
 
Performance Coal Company     8082825   000191172 6/4/2009  8/20/2009  104(a)   6/8/2009  N   75.370(a)(1)   585.00  Closed 585.00 585.00
The operator is failing to comply with page 1, item 6 of the approved ventilation base plan. The plan requires 9000cfm to be maintained where mechanized mining equipment is being installed or removed. At the longwall setup area, only 147cfm of air was present at the tail end of the longwall face, when tested by MSHA.
 
Performance Coal Company     6612448   000191172 6/3/2009  4/7/2012  104(a)   6/8/2009  Y   75.380(d)(1)   2,282.00  Closed 2,282.00 2,282.00
THE SECONDARY ESCAPEWAY WAS NOT BEING MAINTAINED IN A SAFE CONDITION TO ALWAYS ASSURE PASSAGE OF ANYONE. BLACK MUDDY WATER APPROXIMATELY 10 INCHES DEEP WAS PRESENT UNDER THE LIFELINE FOR A DISTANCE OF APPROXIMATELY 25 FT.
 
Performance Coal Company     8082823   000191172 6/3/2009  4/7/2012  104(a)   6/8/2009  Y   75.320(a)   3,405.00  Closed 3,405.00 3,405.00
The operator is failing to calibrate methane detectors with a known methane/air mixture every 31 days. The Solaris multi gas detector in use by the fireboss on the #1 section belts has not been calibrated since 3/10/09.
 
Performance Coal Company     8082819   000191172 6/3/2009  4/7/2012  104(d)(2)   6/3/2009  N   75.203(a)   4,000.00  Closed 4,000.00 4,000.00
The operator is failing to add additional roof support where the belt/track entry on the #1 section was mined over 20 wide. The operator cuts this entry 22'wide to allow for the belt and track to be in the same entry. The operator has not added additional support for 450'near the end of the belt.
 
Performance Coal Company     8082824   000191172 6/3/2009  4/7/2012  104(a)   6/8/2009  Y   75.1502   7,578.00  Closed 7,578.00 7,578.00
The operator is failing to comply with page 1 of the approved emergency response plan. The secondary means of communication (intake phone) on the #1 section would not function when tested.
 
Performance Coal Company     6612451   000191172 6/3/2009  8/20/2009  104(a)   6/3/2009  N   75.202(a)   117.00  Closed 117.00 117.00
THE OPERATOR FAILED TO CONTROL THE RIB LOCATED ONE CROSS CUT OUTBY SPAD # 23268 BESIDE THE LIFELINE. THIS RIB WAS APPROXIMATELY 3FT.LONG,1FT. THICK AND 16 INCHES WIDE AND HAD ALREADY SEPARATED FROM THE BLOCK OF COAL.
 
Performance Coal Company     8082820   000191172 6/3/2009  4/7/2012  104(a)   6/3/2009  Y   75.1100-2(b)   3,405.00  Closed 3,405.00 3,405.00
The # belt tailpiece on the #1 section is not provided with a ready fire valve. The fire valve present does not have a handle to turn it on/off present. This is the 8th time this standard had been cited since 3/10/09. This is to put the operator on notice that further issuances of this standard will be high negligence.
 
Performance Coal Company     8082817   000191172 6/3/2009  4/7/2012  104(a)    6/8/2009 Y   75.1731(b)   1,235.00  Closed 1,235.00 1,235.00
The operator is failing to maintained the #2 belt on the #1 section. A stand is improperly installed at break 48, causing the stand to twist and the belt to rub the metal across the width of the bottom cross member of the stand. At break 52, the stand is damaged, causing the belt to rub on the frame on the walkway side. At break 87, the stand is improperly installed, causing the stand to twist and the belt to rub the metal across the width of the bottom cross member of the stand.
 
Performance Coal Company     8082818   000191172 6/3/2009  4/7/2012  104(a)   6/3/2009  Y   75.400   2,473.00  Closed 2,473.00 2,473.00
The operator is failing to maintain the #3 belt on the #1 section free of combustible materials. At 103 to 104 break, coal has spilled on the walkway side up to the belt rail and, up to 24"deep, 3'wide and 100'long.
 
Performance Coal Company     6612450   000191172 6/3/2009  4/7/2012  104(a)   6/8/2009  N   75.380(d)(4)   460.00  Closed 460.00 460.00
THE OPERATOR FAILED TO MAINTAIN A 6 FT. WIDE TRAVEL WAY FOR THE PRIMARY ESCAPEWAY AT SPAD #23288. SEVERAL SUPPLIES WERE LOCATED DIRECTLY UNDER THE LIFELINE IN THIS CROSS CUT.
 
Performance Coal Company     8082821   000191172 6/3/2009  8/20/2009  104(a)   6/8/2009  N   75.333(c)(2)   176.00  Closed 176.00 176.00
The operator is failing to mark mandoors in the entries on each side of stoppings along escapeway. In the left return on the #1 section, 3 mandoors, starting at spad 23524 and going outby, are not marked. The primary escapeway is on the opposite side of these stoppings.
 
Performance Coal Company     6612449   000191172 6/3/2009  8/20/2009  104(a)   6/3/2009  N   75.370(a)(1)   176.00  Closed 176.00 176.00
THE OPERATOR FAILED TO FOLLOW THE APPROVED VENTILATION PLAN (METHANE DUST CONTROL) ON THE MMU-029 SECTION IN THE #4 ENTRY. THE ROOF BOLTING MACHINE WAS INBY THE LAST OPEN CROSS CUT ENERGIZED WITH ONLY 1228 CFM BEHIND THE LINE CURTAIN.
 
Performance Coal Company     8082822   000191172 6/3/2009  8/20/2009  104(a)   6/10/2009  N   75.1715   100.00  Closed 100.00 100.00
The fireboss, [Name Redacted], does not have an identification tag firmly attached to his belt.
 
Performance Coal Company     6612447   000191172 6/3/2009  4/7/2012  104(a)   6/15/2009  Y   75.400   1,657.00  Closed 1,657.00 1,657.00
ACCUMULATIONS OF COMBUSTIBLE MATERIAL WAS ALLOWED TO ACCUMULATE ON THE #2 BELT FOR THE #1 SECTION. FROM THE HEAD TO THE TAILPIECE IN VARIOUS LOCATION LOOSE COAL AND FINE FLOAT COAL DUST WAS PRESENT ON THE MINE FLOOR. THE LOOSE COAL WAS APPROXIMATELY 2 TO 10 INCHES DEEP ALONG THIS BELT. BOTTOM ROLLERS WERE TURNING IN THIS MATERIAL IN VARIOUS LOCATION ALONG THIS BELT. ALSO COAL RIBS HAVE ROLLED OFF ALONG THIS BELT ON THE OFFSIDE IN VARIOUS LOCATION FOR THE ENTIRE LENGTH OF THIS BELT.
 
Performance Coal Company     6612444   000191172 6/2/2009  8/20/2009  104(a)   6/8/2009  N   75.1403   460.00  Closed 460.00 460.00
THE OPERATOR FAILED TO HAVE A 24 INCH CLEARANCE FOR THE TRACK AT CROSS CUT #104 ON THE #1 SECTION.
 
Performance Coal Company     6612445   000191172 6/2/2009  4/7/2012  104(a)   6/2/2009  Y   75.604(b)   1,944.00  Closed 1,944.00 1,944.00
THE PERMANENT SPLICE ON THE TRAILING CABLE OF THE CONTINUOUS MINING MACHINE LOCATED ON THE MMU-040 SECTION WAS NOT EFFECTIVELY INSULATED AND SEALED TO EXCLUDE MOISTURE.
 
Performance Coal Company     6612446   000191172 6/2/2009  8/20/2009  104(a)   6/3/2009  N   75.333(f)   117.00  Closed 117.00 117.00
WOOD LOCATED ON THE VENTILATION CONTROL (STOPPING) THAT SEPARATES THE RIGHT RETURN FROM THE BELT LINE ON THE #1 SECTION 1 CROSS CUT OUTBY THE FEEDER DID NOT HAVE SEALANT COVERING THE WOOD.
 
Performance Coal Company     6612436   000191172 5/19/2009  8/20/2009  104(a)   5/19/2009  N   75.333(h)   100.00  Closed 100.00 100.00
THE VENTILATION CONTROLS (CURTAINS) LOCATED AT SPAD #21169 WERE NOT MAINTAINED TO SERVE THE PURPOSE FOR WHICH THEY WERE INSTALLED FOR. CURTAINS WERE ON THE MINE FLOOR IN THE #1 AND #2 ENTRIES THAT HAD BEEN DROVE INBY THE CORNER APPROXIMATELY 20 TO 30 FEET IN THESE ENTRIES.
 
Performance Coal Company     6612435   000191172 5/19/2009  8/20/2009  104(a)   6/15/2009  N   75.1712-3(c)(3)(ii)   392.00  Closed 392.00 392.00
THE CHANGE ROOM BEING USED AT THE ELLIS PUNCH OUT PORTALS DOESN'T PROVIDE AMPLE SPACE FOR THE MINERS TO CHANGE CLOTHES PRIOR TO AND AFTER EACH SHIFT.
 
Performance Coal Company     8082768   000191172 5/18/2009  4/7/2012  104(a)   5/20/2009  Y   75.380(d)(7)(iv)   3,143.00  Closed 3,143.00 3,143.00
The operator is failing to maintain the lifeline in the secondary escapeway of the #4 section, in a manner where miners can use it to effectively escape. The lifeline is passing over top of one cable and over the antenna line twice.
 
Performance Coal Company     7264872   000191172 5/18/2009  4/7/2012  104(a)   5/18/2009  Y   72.630(b)   1,111.00  Closed 1,111.00 1,111.00
The dust collection system on the roof bolting machine being operated on the #4 Section MMU 063-0, was not being maintained as approved. The static vacuum pressure at the left operator drill pot indicated 8 inches (Hg). The dust collection system specify a vacuum pressure reading of 12 inches (Hg). This condition indicates possible leakage somewhere in the system compromising the collection efficiency of the collector.
 
Performance Coal Company     8082769   000191172 5/18/2009  4/7/2012  104(a)   5/18/2009  Y   75.320(a)   6,996.00  Closed 6,996.00 6,996.00
The Solaris methane detector be stored in the Strata life shelter on the #4 section has not been calibrated since 2/13/2009.
 
Performance Coal Company     8082767   000188167 5/12/2009  7/23/2009  104(d)(2)   5/18/2009  N   75.370(a)(1)   4,000.00  Closed 4,000.00 4,000.00
The mine operator is failing to comply with the approved mine ventilation plan. The operator is failing to examine EP's 53 and 54 in the location approved in the mine ventilation map.
 
Performance Coal Company     8082763   000188167 5/11/2009  7/23/2009  104(d)(2)   6/23/2009  N   75.364(b)(1)   4,000.00  Closed 4,000.00 4,000.00
The operator is failing to examine at least one entry of each intake air course, in its entirety, so the entire air course is traveled. The LBB intake split going towards the Ellis punch-out is not being examined in its entirety. The intake is blocked by two roof falls, two breaks out-by spad 21054 and the intake has been dangered off due to bad top and bad ribs from spad 21054 to spad 21539. This conditions were reported on 03/23/09 and the intake was dangered off at this time. The last complete exam of this area was on the week ending 03/21/09.Change spad 21054 to spad 21254.
 
Performance Coal Company     8082764   000188167 5/11/2009  7/23/2009  104(d)(2)   5/11/2009  N   75.364(g)   4,000.00  Closed 4,000.00 4,000.00
The operator is failing to leave Dates, Times, and Initials in enough locations to prove that a weekly examination for hazardous conditions has been conducted. There are not any up to date, Dates, Times and Initials present in the right return were it travels around the panel off of LBB #4 head.
 
Performance Coal Company     8082765   000188167 5/11/2009  7/23/2009  104(a)   5/13/2009  N   75.333(e)(1)(ii)   100.00  Closed 100.00 100.00
The operator is failing to construct permanent ventilation controls from non-combustible materials. The operator has constructed a return regulator, at spad 21083, out of line curtain.
 
Performance Coal Company     8082762   000188167 5/11/2009  7/23/2009  104(d)(2)   5/11/2009  N