Aggregates Manager August 2017

New equipment PG8

|

Flagrant violations PG28

|

Sand markets PG32

www.AggMan.com

August 2017

Gambling For

Gold Gold Rush’s 316 Mining crew grapples with a challenging Oregon deposit.

17

Motor graders matter to your cost per ton

22

Six steps to better breaker performance

THE QS331 GYRATORY CONE YOUR ULTIMATE BASE PRODUCT SOLUTION You spoke, we listened.

– – – –

3 Foot Cone 3 Foot Running Costs 4 Foot Performance 5 Foot Feed Size

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Low operating costs, high performance.

The QS331 is the ideal solution for your base product production needs. Don’t take our word for it, try it for yourself.

Please contact us for details of your nearest dealer: 610-662-5405 / 289-439-6125 info.mobilecs@sandvik.com www.construction.sandvik.com

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7/12/17 8:43 AM

Cat Command for loading — available as a retrofit kit — allows line-of-site remote control of Cat 988K wheel loaders.

On Our Cover: In season seven, the Gold Rush crew mine familiar territory in Oregon, but encounter unanticipated challenges.

Cover photo courtesy of Kolberg-Pioneer.

PAGE 8

By following six simple preventive maintenance guidelines, operators can achieve optimal performance from their breakers.

PAGE 22

COLUMNS & DEPARTMENTS

TABLE OF CONTENTS AUGUST 2017 |

VOLUME 22, NUMBER 8

FEATURE ARTICLES

10

3 Editorial Revamping WOTUS, again.

4 Data Mining The latest financial analysis of issues impacting in the industry and Aggregates Manager’s exclusive aggregates industry outlook.

6 State and Province News A roundup of the latest news in North America.

Gambling for Gold Gold Rush’s 316 Mining crew risks it all in hopes of striking Oregon pay dirt.

22 Six Tips for Maintaining Your Breaker

Extend breaker life by following routine maintenance procedures.

8 RollOuts Sandvik’s new QJ341+ jaw crusher, and other new equipment for the aggregates market.

28 Rock Law As ‘flagrant’ case law continues to develop, an ALJ upholds the designation under a narrow interpretation.

30 Advertiser Index See who’s who and where to find their products.

OPERATIONS ILLUSTRATED

17

Motor Graders Matter

Although often underutilized, motor graders are an important part of an overall system, impacting cost per ton everywhere from the face and plant to haul roads and yard.

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31 Classified Ads Aggregate industry classifieds.

32 Carved in Stone Sand has many environmental uses, but beach replenishment is one that is often forgotten.

7/18/17 3:44 PM

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August 2017

EDITORIAL

Vol. 22, No. 8

by Therese Dunphy, Editor-in-Chief tdunphy@randallreilly.com

aggman.com /AggregatesManager /AggManEditor

Revamping WOTUS, Again

Editorial Editor-in-Chief: Therese Dunphy Editorial Director: Marcia Gruver Doyle Senior Editor: Kerry Clines Online Editor: Wayne Grayson editorial@aggman.com

Design & Production Art Director: Sandy Turner, Jr. Production Designer: Timothy Smith Advertising Production Manager: Kim Knight production@aggman.com

Construction Media Vice President, Construction Media: Joe Donald sales@randallreillyconstruction.com

3200 Rice Mine Rd NE Tuscaloosa, AL 35406 800-633-5953 randallreilly.com

Corporate Chairman: Mike Reilly President and CEO: Brent Reilly Chief Operations Officer: Shane Elmore Chief Financial Officer: Russell McEwen Senior Vice President, Sales: Scott Miller Senior Vice President, Editorial and Research: Linda Longton Vice President of Events: Stacy McCants Vice President, Audience Development: Prescott Shibles Vice President, Digital Services: Nick Reid Vice President, Marketing: Julie Arsenault

For change of address and other subscription inquiries, please contact: aggregatesmanager@halldata.com.

Aggregates Manager TM magazine (ISSN 1552-3071) is published monthly by Randall-Reilly, LLC copyright 2017. Executive and Administrative offices, 3200 Rice Mine Rd. N.E., Tuscaloosa, AL 35406. Subscription rates: $24 annually, Non-domestic $125 annually. Single copies: $7. We assume no responsibility for the validity of claims of manufacturers in any advertisement or editorial product information or literature offered by them.

Publisher reserves the right to refuse non-qualified subscriptions.

Periodical circulation postage paid at Tuscaloosa, Alabama and additional entries. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by an information storage retrieval system, without written permission of the copyright owner. POSTMASTER: Send all UAA to CFS. (See DMM 507.1.5.2); NON-POSTAL AND MILITARY FACILITIES: send address corrections to Aggregates Manager, 3200 Rice Mine Road N.E., Tuscaloosa, AL 35406.

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R

elief from the 2015 Clean Water Rule: Definition of ‘Waters of the United States,’ also known as WOTUS, is making its way through the rulemaking process. Promulgated in 2015, the onerous rule was quickly stayed from implementation by the courts.

In February, President Trump issued an executive order that outlined a two-step process that would “ensure that the nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the States under the Constitution.”

In late June, three agencies — the Environmental Protection Agency (EPA), Department of the Army, and Army Corps of Engineers (Corps) — kicked off the first step with a proposed rule that essentially turns the clock back to before the 2015 rulemaking, recodifying the identical regulatory text in place before that rulemaking. In fact, it’s the same text that has been used for regulatory purposes since the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 rule.

Interestingly, an economic analysis performed by the EPA and Corps as part of the proposed rule refutes its own earlier analysis that the benefits of implementing the rule out-weighed the costs. The agencies attribute the change to the use of faulty information.

“We are taking significant action to return power to the states and provide certainty to our nation’s farmers and businesses,” EPA Administrator Scott Pruitt said in a press release announcing the proposed rule. “This is the first step in the two-step process to redefine ‘waters of the U.S.’ and we are committed to moving through this re-evaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent, and collaborative with other agencies and the public.”

The new rule is good news for operators, particularly those with sites that include dry creekbeds or isolated wetlands, which would have been harmed by the overly broad 2015 rule. But, the work on WOTUS is not yet complete.

The second step of the process involves a re-evaluation and revision of the definition of “waters of the United States” as outlined in the executive order. This time, all three agencies will be deeply involved in the development of that definition.

“The Army, together with the Corps of Engineers, is committed to working closely with and supporting the EPA on these rulemakings,” said Douglas Lamont, a senior official who is performing the duties of the Assistant Secretary of the Army for Civil Works. “As we go through the rulemaking process, we will continue to make the implementation of the Clean Water Act Section 404 regulatory program as transparent as possible for the regulated public.”

For those affected by the deeply muddled waters of the U.S., transparency would be a welcome change.

AGGREGATES MANAGER / August 2017

3

7/17/17 12:51 PM

mining U.S.

On-Highway

Diesel Fuel

Prices 7/3/17

United States $2.472 One Week +0.007 p One Year +0.049 p

Company Cemex, S.A.B. de C.V.

New England $2.578 One Week +0.001 p One Year +0.096 p

Central Atlantic $2.671 One Week +0.001 p One Year +0.136 p

Lower Atlantic $2.407 One Week +0.011 p One Year +0.052 p

Midwest $2.403 One Week +0.017 p One Year +0.014 p

Gulf Coast $2.307 One Week +0.002 p One Year +0.025 p

Rocky Mountain $2.585 One Week -0.007 q One Year +0.149 p

West Coast $2.759 One Week +0.002 p One Year +0.050 p

West Coast less California $2.628 One Week +0.002 p One Year +0.029 p

California $2.866 One Week +0.003 p One Year +0.068 p Source: U.S. Energy Information Administration (dollars per gallon, prices include all taxes).

DataMining_AGRM0817.indd 4

CX

Current Value

52-Week Low

52-Week High

$9.86 p

$6.38

$10.06

CRH plc

CRG

$35.48 q

$29.42

$39.90

Eagle Materials Inc.

EXP

$92.31 q

$73.27

$110.64

Granite Construction Inc.

GVA

$20.27 p

$42.59

$62.18

Heidelberg Cement AG

HEI

$99.98 p

$79.03

$107.84

LafargeHolcim Ltd. ADR

HCMLY

$11.56 q

$8.55

$12.07

Martin Marietta Materials, Inc.

MLM

$227.90 q

$167.06

$244.32

MDU Resources Group, Inc.

MDU

$25.79 q

$22.47

$29.92

Summit Materials

SUM

$29.67 p

$17.27

$29.67

United States Lime & Minerals, Inc.

USLM

$79.48 p

$58.16

$81.99

U.S. Concrete

USCR

$78.95 p

$42.82

$80.45

Vulcan Materials Co.

VMC

$128.17 q

$105.71

$138.18

Source: Wall Street Journal Market Watch. Currency conversion calculated on date of close 7/07/17.

COMPANY SPOTLIGHT

East Coast $2.522 One Week +0.006 p One Year +0.084 p

Ticker

L

afargeHolcim (HCMLY) reported a net sales increase of 5.3 percent on a like-for-like basis in the first quarter of 2017 and expects to meet its annual guidance.

“Our good Q1 performance has gotten us off to an excellent start for 2017 and marks our fourth consecutive quarter of growth earnings,” said Eric Olsen in a press release. Olsen, former CEO of LafargeHolcim, left the company in July. “Continued pricing strength, improving volume momentum, and synergies underpinned our results across the portfolio,” he added.

Global aggregate sales were 57 million tons, up 0.2 percent over the first quarter of 2016, but a 3.9-percent increase on a like-for-like basis. Cement sales were flat at 53 million tons and ready-mixed concrete sales of 14.9 million cubic yards were down 1.8 percent on a like-for-like basis.

In North America, the region recorded an improvement in earnings despite a tough prior year comparison due to unusually Cemex SAB (CX) mild weather in the first quarter of 2016.

In what is typically a small quarter for the region, margins increased by around 60 basis points, net sales grew by 2.5 percent on a likefor-like basis, and Operating EBITDA Adjusted was up slightly to $8.22 million.

The U.S. continued to benefit from improved cement pricing and a focus on cost discipline.

Strong demand led to good growth in U.S. aggregates volumes. In Canada, performance was stable, with projects such as the Champlain Bridge having a positive effect on aggregates and ready-mixed concrete.

Aggregates sales of 15.9 million tons were 5.3 percent ahead of first quarter 2016 results.

Ready-mix concrete sales of 2.1 million cubic yards were up 2.5 percent, and cement sales of 3.6 million tons were down 4.5 percent.

“Our performance in the first quarter, our continued strong execution combined with our diverse portfolio reinforces our confidence in achieving our full year guidance and our 2018 targets,” Olsen said.

Source: Market Watch

Data

STOCK REPORT

7/17/17 1:45 PM

k

06

90

64

18

84

07

32

92

67

99

45

18

AGGREGATES INDUSTRY OUTLOOK The July Aggregates Industry Index increased for the first time since March to an overall score of 133.61, a 0.94-percent increase from June. After experiencing large jumps following the election and the beginning of Donald Trump’s presidency, the index dropped slightly and is showing signs of stabilizing. Outlook responses given on a five-point scale rose across the board, with the largest increases being reported in terms of the outlook for aggregate sales during the next quarter and the next year (each up 0.09 point), followed closely by the outlook for respondents’ companies (up 0.08 point). Improvements in weather conditions are allowing planned projects to begin.

Aggregates Industry Outlook 150

139.35

145

135.06

140 135

124.24

130

139.94

122.43

119.44

125

140.38 132.37

109.80

120

133.61

111.42

108.08

115 110 105 100

111.00

Aug. 2016

Sept.

2016

Oct. 2016

Nov. 2016

Dec. 2016

Jan. 2017

Feb. 2017

March 2017

April 2017

May 2017

June 2017

July 2017

Aug. 2017

With the improved weather in the Northeast, shovel ready projects are finally proceeding. Bidding has been robust, and optimism about the economy continues to grow. We anticipate a strong third and fourth quarter.

—Daryl Zeiner, Sales Manager, The H&K Group

Despite weather trends, we forecast positive materials volume and price growth for the full year 2017.

The market seems flat, but very solid.

— Michael Stratman, Northeast Division Manager, OMG Midwest/Mallard Sand and Gravel

— Damian Murphy, Regional President, Summit Materials

The demand for construction-related products has been good. We are expecting future growth in these product lines with the need for more production equipment to meet these demands.

We are installing additional equipment at both our wet screening and dry screening operations.

Continued opposition to greenfield sites plays a role in the permitting cycle, however, the aggregates industry and a vast majority of operators are doing a great job demonstrating that the environment and industry are not mutually exclusive. I see great opportunity in this area, coupled with infrastructure funding for maintenance that will solidify the need for future reserves and aggregate production.

— Van Stockstill, President, Consolidated Aggregates

— Jill Shackelford, President, Jill Shackelford Consulting

We have seen a huge surge in business in the last six months. It is good to see the market as positive as it is, and projects are springing up like we haven’t seen in years. Let the good times roll.

— Bob Fousek, President, FMR

Major producers’ profits are up. Mergers and acquisitions are up. Greenfield sites are on the rise. The aggregate industry is certainly rebounding in the Southeast and Texas. We love it!

— O.F. “Russ” Patterson, III, Chief Geologist, Patterson Exploration Services.

Editor’s note: To join our panel, email Editor-in-Chief Therese Dunphy at tdunphy@randallreilly.com.

CENSUS CONSTRUCTION DATA 5/1/2017

4/1/2017

% change May 2017- April 2017

% change May 2017- May 2016

Residential

515,778

518,317

-0.5

10.9

Non-residential

Type of Construction

714,316

712,063

0

0

Office

72,168

71,045

2

14.7

Commercial

83,005

83,557

-1

9.1

Health Care

39,225

39,002

1

2.1

Educational

93,553

90,979

3

6.8

41,913

42,414

-1

-2.8

Power

100,507

99,805

1

-7.9

Highway and Street

90,777

91,653

-1

1.2

Transportation

Sewage and Waste Disposal

19,393

19,160

1.2

-16

Manufacturing

70,068

71,267

-2

-10.5

Seasonally adjusted annual rate. (Millions of dollars. Not all sub-categories of non-residential construction are included.)

DataMining_AGRM0817.indd 5

Source: U.S. Census Bureau

7/17/17 1:45 PM

ee

STATE & PROVINCE

NEWS

To keep up to date with news from the United States and Canada, visit www.AggMan.com for daily updates.

by Therese Dunphy | Editor-in-Chief tdunphy@randallreilly.com

ALABAMA Two contractors received a $20,000 reward for the capture of a vandal at Wadley Crushed Stone, according to The Randolph Leader.

The operator, along with Gary Ingram Paving & Grading Inc., Wier Grading & Clearing LLC, and GT Drilling, paid the reward. The vandal was apprehended when contractor John Paul Phillips noticed someone on one of the drill rigs, and the individual took off running with a bag of tools. Phillips and fellow driller Chevelle Willie Cameron caught David Allan Whitley, while a second individual escaped.

Whitley and his partner are believed to have vandalized equipment at the quarry twice before, causing thousands of dollars in damages.

Whitley was arrested and charged with two counts of first-degree criminal mischief and third-degree criminal trespassing.

MAINE At Aggregates Manager’s press time, the Rockland City Council was expected to approve the sale of a former limestone quarry known as Engine Quarry to Jake Barbour of Jake Barbour Inc. VillageSoup-Knox reports that Barbour was one of three bidders for the 14-acre site. He offered to swap the city’s interest in the quarry for a 0.64-acre parcel he owns adjacent to the city landfill, valued at $4,500, as well as an easement on a long, narrow parcel along a street where a walking trail is currently planned. Two other bidders offered $20,000 and $21,000 for the property.

MASSACHUSETTS Aggregate Industries’ Saugus quarry kicked off its reclamation project with an open house that allowed members of the town’s Aggregate Post Closure Committee to walk the site and see how the project will work. According to the Saugus Advertiser, the operation will begin to accept truckloads of fill. It expects to take 15 years to dump the 7 million cubic yards of fill into the quarry. At that point, the operator and committee will once again partner to redevelop the sight according to its “highest and best use.” Aggregate Industries operates two asphalt plants, a ready-mixed concrete plant, and the quarry at the site. Operations will continue throughout the reclamation process.

MICHIGAN The Michigan Senate unanimously approved $47.6 million for 27 land acquisitions and 87 land projects proposed by the Michigan Natural Resources Trust Fund, including a project that would convert 680 acres at the former London Sand quarry into a public hunting, fishing, and hiking area. The Monroe News reports that the quarry, now known as the Crystal Waters property, contains seven bodies of water, and a boat launch is proposed on an 85-acre lake. There are currently no inland public-access lakes in the county. Acquisition of the property is expected to cost $3.5 million, with the trust fund being supported by interest earned off funds generated from development of stateowned mineral rights.

6

MINNESOTA Jordan Sands had two independent firms investigate an April tremor that shook the Mankato area.

According to the Mankato Free Press, a report compiled by Barr Engineering points to evidence that an earthquake took place approximately seven seconds after the blast. The second firm, Lettis Consultants International, used data from the U.S. Geological Survey (USGS) and on-site vibration readings. Its conclusion was that an earthquake likely occurred seven seconds after the blast, about 2 miles below ground, and more than a mile south of the quarry. At the time of the blast, the USGS said the incident measured 2.8 in magnitude and was likely due to a quarry blast, but noted that at a distance of 31 miles, it was too far away to be certain. Area officials said the city found no evidence that the operator was negligent or had deviated from its blast plan.

NORTH CAROLINA A teen lost his finger while trespassing with four friends at a Salisbury quarry, WNCN reports. According to the Rowan County Sheriff’s Office, the five teens trespassed at American Quarry late one afternoon. The teen, 17-year-old Davis Hamilton, was taken to Wake Forest Baptist Medical Center after his injury. The sheriff’s office didn’t release information on the teen’s condition or details on how he lost the finger. The teens entered the quarry by crawling over a section of fence that was partially knocked over by a tree.

All five were cited for trespassing and issued a criminal summons to appear in court for the misdemeanor.

NORTH CAROLINA Martin Marietta Materials announced it is in the process of acquiring Bluegrass Materials for $1.625 billion in cash. Bluegrass has nearly two dozen operations in five states — Georgia, South Carolina, Maryland, Kentucky, and Tennessee — as well as approximately 300 employees. Bluegrass is a wholly owned subsidiary of Panadero Aggregates Holdings, which was formed in 2010 as a partnership between John D. Baker II and Ted Baker II, Lindsay Goldberg LLC, and Bluewater Worldwide LLC. “The acquisition of Bluegrass directly aligns with our long-term strategic growth plan,” said Ward Nye, chairman, president, and CEO of Martin Marietta.

AGGREGATES MANAGER / August 2017

StateNews_AGRM0817.indd 6

7/18/17 9:09 AM

OHIO

SOUTH CAROLINA

A former limestone quarry will be the site of the newest Columbus and Franklin County Metro Park, WOSU reports. Metro Parks will develop the park in collaboration with a private company. The quarry was developed in the 1800s, with rock being used in such projects as the Statehouse and Ohio Stadium. Quarrying ended in the early 1940s. A private company, Wagenbrenner, is acquiring 607 acres from the current owner and will develop much of it as mixed commercial and residential property. Metro Parks expects to buy 260 acres of the parcel to create the park. “In central Ohio, this is going to be something unprecedented where we’ve got a large residential development right in the heart of a Metro Park,” Tim Maloney, Metro Parks executive director told the campus news organization, noting that it is part of a national trend toward public-private partnerships.

Residents opposed to Vulcan Materials Co.’s quarry in Lexington County continue to argue that its approval by state environmental officials should be overturned. The State reports that they have fought the 553-acre quarry for three years. Currently, they are pressing concerns regarding wells and potential contamination. Previously, they have listed concerns about wetlands and dust.

County officials there have required wider buffer zones and alternate truck routes, moves that Vulcan supported.

“By listening to our neighbors and working through the permitting process with Lexington County, we have been able to take a good quarry site and make it better,” Jimmy Fleming, a Vulcan vice president, told the newspaper.

PENNSYLVANIA Two representatives of a Lancaster paving company were charged with theft by deception and criminal conspiracy after writing $39,013.66 in bad checks to New Enterprise Stone & Lime Co.’s Burkholder Paving Quarry. According to PennLive. com, Dorothy Miller and George Stanley were doing business as Traditional Paving and purchased asphalt at the quarry. At press time, Miller had been released from the Lancaster County prison after posting $50,000 bail, while Stanley remained in prison in lieu of bail.

TENNESSEE A young woman was seriously injured after falling approximately 30 feet at Greenway Farms quarry in Hixson. According to the Times Free Press, kayakers saw her fall and called 911. First responders put her in a rescue basket and transported her to a waiting ambulance. She was reported to be in serious, but stable, condition.

TEXAS The appearance of three Cemex quarries in the nation’s top 25 Crushed Stone Operations was covered by Radio NB. The company’s Balcones Quarry in New Braunfels was ranked as the largest operation (by production volume) in 2015. Its FEC Quarry in Miami ranked fourth while its Krome Quarry, also in Florida, was also among the top 25 quarries.

Skid Power HD Extra deep tread provides excellent traction Reinforced sidewalls minimize stone cuts and damage caused by scrubbing Special tear, cut & wear resistant compound for long wear life Specially designed rim guard ensures protection against damages in rim flange area Strong casing for durability and puncture resistancea

BKT USA Inc. 2660 West Market St., Suite 100 Fairlawn (Akron) - OH 44333 Toll free: (+1) 888-660-0662 Office: (+1) 330-836-1090 - Fax: (+1) 330-836-1091

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AGGREGATES MANAGER / August 2017 Untitled-17 1

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ROLLOUTS

Your complete guide to new and updated equipment and supplies in the aggregates industry.

by Therese Dunphy | Editor-in-Chief | tdunphy@randallreilly.com

Pre-screen increases crusher productivity Sandvik Mobile Crushers and Screens introduces the Sandvik QJ341+, which incorporates a double-deck prescreen as standard to its QJ341 jaw crusher. The new pre-screen is said to provide high amplitude for separation, enabling the unit to remove a large amount of fines for greater efficiency, higher productivity, and less wear.

Sandvik says test results have shown an increase in productivity of as much as 30 percent in certain applications. A new telescopic natural fines conveyor — with a discharge height of 10 feet, 3 inches — deals with the increased flow of pre-screened material, while a dirt chute with a steeper angle allows faster transfer of material. The mobile crusher is available with a choice of Cat or Volvo engine and features a self-locking hopper for set-up from the ground level.

Sandvik | www.construction.sandvik.com

Retrofit kit enables remote control operation Cat Command for loading enables line-of-sight remote control of Cat 988K Wheel Loaders and reduces the risk of injury in activities such as highwall and edge operations, stockpile feeding, and working on slopes and unstable surfaces. Available as a retrofit kit for 988K machines, the system features a compact control console supported by a shoulder harness. Ergonomic controls, common with the controls in the cab, give the operator full access to primary machine functions. The controls are integrated with machine electronics to provide the same control and responsiveness as if operating from the cab. Advanced options, such as Autodig, are accessible on the console, which works from as far as a quarter mile away from the machine.

Caterpillar | www.cat.com

Cone crusher feeder Deister Machine Co., Inc. rolls out its EMCO 360 Crusher Optimizer Feeder, the latest in its line of electromechanical vibrating feeders. The unit is specifically engineered to optimize cone crusher performance. It features a 360-degree discharge opening and distributes a homogeneous feed to cone crushers to keep them choke-fed for improved efficiency, product consistency, and higher production rates.

Deister Machine Co., Inc. | www.deistermachine.com

8

AGGREGATES MANAGER / August 2017

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7/17/17 12:52 PM

Scrubs clay and other contaminants McCloskey Washing Systems launches its Aggstorm Range, which is designed to operate as a stand-alone unit or integrate with one of its SandStorm wash plants. AggStorm is designed to manage various types of clay-bound material where aggressive scrubbing and washing, rather than simple screening, is required. Suitable for sand and gravel and C&D applications, the unit aggressively removes clays and silts, as well as any light debris.

McCloskey Washing Systems | www.mccloskeywashing.com

Wider components enhance material flow Terex Finlay debuts its I-140 direct drive 50- by 48-inch horizontal impact crusher with variable speed. The CR032 chamber is said to give excellent reduction ratios and high consistency of product shape, while material flow through the plant has been enhanced by increasing the width of components. The machine features an electronic control system that manages the speed of the rotor and regulates the heavy-duty vibrating feeder with integrated pre-screen to maintain a consistent feed of material to the impact chamber. Material from the integrated pre-screen can be diverted to a stockpile via an optional by-pass conveyor, or it can join the crushed product on the main belt. The hopper capacity is 7.5 cubic yards.

Terex Finlay | www.terexfinlay.com

Dozer boosts fuel efficiency Caterpillar’s D6T Dozer features a new, fully automatic transmission to optimize performance and achieve fuel efficiency savings of up to 20 percent in heavy work and 30 percent in light work and finish grading applications. An additional gear between first and second allows the machine to remain in the most efficient mode for a higher period of time. The dozer is also said to be easier to operate — just set the desired ground speed, and the four-speed transmission will set the powertrain for optimum efficiency. The unit is powered by the Tier 4 Final Cat C9.3 Acert engine, which has a net power rating of 215 horsepower. Cat Connect Grade technologies, ranging from simple grade indicators to fully factory-integrated GPS, are available.

Caterpillar | www.cat.com

AGGREGATES MANAGER / August 2017

Rollouts_AGRM0817.indd 9

9

7/17/17 12:53 PM

APPLICATIONS

by Michelle Cwach

Gambling For

Gold Gold Rush’s 316 Mining crew risks it all in hopes of striking Oregon pay dirt.

10

AGGREGATES MANAGER / August 2017

Applications_AGRM0817indd.indd 10

7/18/17 8:16 AM

F

rom the wilds of Alaska, to the remote corners of the Canadian Klondike, to the jungles of Guyana, Dave Turin and Todd Hoffman — the masters of reality TV mining — have spent the better part of a decade travelling the globe in search of gold. But it’s in their home state of Oregon that they may have met their toughest challenge yet.

The pair, which is a part of the 316 Mining crew on Discovery Channel’s hit TV show Gold Rush, is currently mining a parcel of dry desert ground in northeastern Oregon. Now in its seventh season, longtime fans of the show have witnessed a massive evolution of the crew — once a rag-tag group of inexperienced miners, now seasoned professionals capable of pulling in more than 3,000 ounces of gold worth more than $3.3 million in a single season.

Coming off their record-breaking haul in season six and anxious to tackle a new mining challenge in season seven, Hoffman and Turin set up camp in Oregon, a location much closer to their families and a historically gold-rich area. They entered their new mining claim armed with a highly productive wet wash feed system, along with a combo screen from Johnson Crushers International (JCI) that Turin estimates is capable of increasing operational efficiency by 20 percent.

But the 14-person crew faced enormous unseen challenges in season seven. Once they began excavating, their struggle to find the pockets of rich gold left behind by the previous dredge became so difficult that it only allowed them to sluice 7,000 yards over the course of the season. That’s less than 2 percent of the material they sluiced in season six.

That’s the risk you run in any new mining endeavor, Turin says.

“Each year, the biggest challenge for us has been trying to figure out how to mine the resource,” he adds. “You can build the right plant and have the right tools that allow you to clean and sort and size your rock, but at the end of the day, it always comes back to the source. Here, we underestimated how successful the original dredge was at capturing the gold in the area, and that’s the reason we have such a small pay zone. But you never really know until you get right down in there and start digging.”

Setting high expectations During the seventh season of Gold Rush, the 316 Mining crew was working close to home in Oregon.

The Oregon claim they mined is a well-known placer deposit that was once a river channel that meandered through the valley. The secret to mining an area like that is finding the deepest channels in AGGREGATES MANAGER / August 2017

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APPLICATIONS

The deposit being mined this season — having previously been dredged — allowed the crew to sluice only 7,000 yards over the course of the season.

the mature river plaster ground, because that’s where the deepest gold lies, Turin says. And finding those deep channels would be key if the crew wanted to meet Hoffman’s ambitious season goal of 5,000 ounces — worth upwards of $5 million.

The bottom of the claim’s gold deposit consists of 3- to 4-foot boulders encased in mud, which can have gold settled within the mud, Turin says. That makes processing the rocks more challenging, because the larger stones have to be scrubbed clean to remove the gold.

The process starts with a wet wash grizzly feeder, which shakes the rocks down and starts cleaning the bigger boulders. The larger rocks bounce across the top of the feeder, and the smaller rocks, dirt, and gold that are washed off the boulders are transferred to a blademill. The blademill scrubs the rock with spiral flights and breaks the clay off with paddles.

Material is then fed to the combo screen, which separates it based on size.

Any material smaller then ½-inch-minus goes into the sluice box, where the gold is trapped in the riffles and carpet. At the end of the day, the crew cleans the sluice box and recovers the fine gold material, Turin says.

It didn’t take long, however, before Hoffman and Turin realized that they were not hitting the pockets of rich gold

12

they had been hoping for.

“The challenge with this site is that the dredge went up the middle of this valley,” Turin says. “So we wanted to do two things: get underneath where the dredge went, and get the side pay that it left.

“What we found was that the dredge did a great job. We were chasing a pay zone where we thought we would be able to run about 12 hours a day. In the end, we didn’t find the pockets of rich gold that exist in the claim.”

Smooth screening Although Turin had plenty of experience with a variety of screens in his mining career, he gives the combo screen high marks. “I love the combo screen,” he says. “I was a bit apprehensive initially, with the added size and height and the fact that it looked to me like it was going to be out of balance, but boy, once we fired it up, it ran so smoothly.”

“Since we turned it on, it’s the smoothest-running screen we’ve ever used,” Hoffman adds.

The combo screen from Johnson Crushers International is a new breed of screen that combines characteristics of incline and horizontal screens, and delivers productivity, efficiency, and flexibility in wet and dry applications, according to Nick Hahn, product de-

velopment manager for JCI. The combo screen also offers a sloped feed zone for quicker fines separation and provides the benefits of a triple-shaft vibrating mechanism. These advantages include anti-plugging/blinding, extended bearing life, application flexibility, and stroke amplitude adjustment, Hahn says.

“The combo screen allows you to quickly get your oversized material out first, and then at the bottom you’re getting perfect fine screening,” Turin says. “At the beginning, the material’s not just moving with the vibration, but it’s rolling over itself, which then allows it to get into the opening.”

Turin is no stranger to equipment from JCI. Long before joining Gold Rush, he earned his degree as a civil engineer and served as vice president and quarry manager of his family’s aggregate business, Mt. Hood Rock, just a couple of hours away from the Eugene, Ore.-based manufacturing facility.

“We’ve used JCI products for years,” Turin says. “Their equipment has always held up for us, and it’s always competitively priced. In my family business, we’ve always looked at long-term goals.

We don’t do things on a short-term basis — we want to know how long something is going to last.

“The thing I especially like about JCI is that they’re not just sitting there

AGGREGATES MANAGER / August 2017

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APPLICATIONS making exactly the same product every single year,” he adds. “I like the fact that they’re trying new things, like this combo screen. They’re willing to take a chance, take a risk. That’s how you improve.”

As the 316 Mining crew races against the clock to capture as much gold as it can before the season’s conclusion, there’s no time to waste waiting for parts — which is a big reason why Turin appreciates being back in Oregon.

“When we were in the jungle, it would be weeks before getting parts.

When we were in the Yukon, it was literally five, six days before you could get a bearing. So being in Oregon is nice.

JCI has all of its parts ready to go, you can just make one phone call, and I’ve got a part by the next day.

“But I know that next year, wherever we may be, we’re still going to be taken care of when it comes to parts and service,” he says. “All of the easy gold is gone, so now we have to go to the remotest parts of the planet to find gold. I’ve had to learn how to adapt and find people that can get me parts immediately, and JCI can do that. I don’t know where we’ll be next season, but I do know that I want to take that plant with me. As far as I’m concerned, that will go with us.”

The combo screen combines characteristics of both incline and horizontal screens.

Focusing on the future While Hoffman and Turin may not have found the golden payday they hoped for in Oregon, they’ve already got their sights set on season eight. Though he never imagined himself a reality TV star, putting mining in the spotlight internationally is an important responsibility, Turin says, and one he takes seriously.

“Worldwide, there are millions and millions of guys who mine for a living, and that’s how they pay the bills. And in a certain respect, I represent those guys that are sitting at home watching the show. And honestly, I want them to be happy with me. I want them to say, ‘Hey, that’s one of us!’ I want them to embrace what I’m doing, and I want to show the positive aspects of mining.

“And for the most part I’m proud of what they show on TV,” he says. “We get to show how hard of work it is, but then we also show how gratifying it is.

14

A sloped feed zone and triple-shaft vibrating mechanism help provide quick fines separation while preventing blinding.

There aren’t many jobs where you get the instant satisfaction after busting your butt and getting your hands dirty, but we get to walk up to the sluice box at the end of the day and see gold in it. In the past, I would crush for weeks and weeks, and we would have a great big pile of rock and you’d think, ‘Wow, that’s a great pile of rock.’ But here,

you can walk up to the sluice box and immediately see all that gold in the box. There’s no better feeling than that.

That’s why we mine.” AM Michelle Cwach is the former marketing manager for Johnson Crushers International and has extensively covered the Gold Rush crew.

AGGREGATES MANAGER / August 2017

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OPERATIONS ILLUSTRATED

By Tina Grady Barbaccia, Contributing Editor

Motor Graders Matter

Train your operator to crown the roads for drainage.

Size your motor grader to fit the needs of the entire operation.

Automation can ease operation for newer drivers.

OUR EXPERTS

Smooth haul road conditions improve truck cycle times.

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Zachary Aragon is fleet manager at Vista Sand.

He maintains equipment operations and web systems. Previously, Aragon was a training supervisor in the U.S. Navy and a naval air crewman. He has a Bachelor of Arts in organizational management from Ashford University and studied business and criminal justice at Liberty University.

Don Weinhold is a senior market professional for the construction materials industry at Caterpillar Inc., where he focuses on products and services going into the aggregates industry and provides training for customers and internal Cat dealers. He has worked at Caterpillar for 36 years.

Wade Porter is a motor grader product specialist for North America at Caterpillar. He has held the same position for Caterpillar in South America, Europe, Africa, the Middle East, and Russia. Global experience helps Porter understand customer and dealer equipment needs in many different aggregates environments.

AGGREGATES MANAGER / August 2017

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This Supporting Player Has an Important Role

“A

lthough a motor grader and skilled operator to run it are essential to sand and gravel and aggregates operations, both assets are often underutilized, and their importance is not always recognized, explains Wade Porter, motor grader product specialist for Caterpillar.

“The motor grader is an asset that is not used nearly enough,” Porter says. “In many cases, when there is a motor grader on the jobsite, it sometimes has rust on the blade. The mindset is often that it’s not our primary focus, and we just get it out once in a while, only when needed.”

Focus remains on manufacturing the product efficiently and delivering it to the customer as quickly as possible.

However, the production and performance of the trucks directly correlate to the condition of the roads and the use of a motor grader.

“The motor grader is considered a support tool, not a production tool,” Porter points out. “Customers should get in the mindset of using it more often to maintain haul roads, improve rolling resistances and cycle times, and clean up the yards where customers come in to receive products. Increasing the efficiencies of these systems with a motor grader demonstrates the productivity and value of this support tool.”

New technologies, such as cross-slope and blade assistance features, enable these machines to be “more

1

intuitive” and are adding to this increased productivity.

“When you think of all the functionality incorporated with two joysticks, it’s truly amazing what a properly trained person can do without a lot of effort,” says Don Weinhold, senior market professional for the construction materials industry at Caterpillar Inc. “Cross-slope is huge because operators just choose the slope target they want the blade to stay at to create a consistent slope. This is valuable for less-experienced operators and helps ensure a haul road or yard area is being properly maintained.”

To that end, Stable Blade — a Cat proprietary technology which regulates engine speed with onboard sensors to detect when a bounce is about to happen — can be used in haul road or yard maintenance, but also to protect these surfaces and the machine from damage.

Speed promotes a harmonic bounce, which becomes exponential once phasing begins if an operator doesn’t change the machine’s attitude or speed. This system works with the throttle control to slow down the motor grader when a phasing or harmonic bounce is about to occur.

“A yard that is not well kept affects the ability of customers’ trucks to get in and out of the yard quickly and with the least amount of wear and tear on their vehicle,” Weinhold adds. “It’s important to put together a road program that involves the motor grader and all parts of the operation in which it’s used, and taking into account the actual construction of the roads.”

Design the haul road properly

When upsizing haul trucks to increase production, consider haul road width, load carrying capability, berm heights, primary crusher hopper capacity, and any other plant modifications. The first step is proper design. The best haul roads have crowned straight sections, super-elevated curves, safety berms, drainage ditches on both sides, and should be three times the width of the widest truck. These variables affect how a motor grader will be used and what size machine, tires, and blades are necessary for optimal production.

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AGGREGATES MANAGER / August 2017

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Keep the crown consistent

Inconsistency with the road crown causes road damage and can drive up costs because the motor grader will need to be in use more often, and trucks will have more difficulty navigating haul roads. Good roads improve production and extend tire life, which reduces overall operating costs. Although road maintenance is a cost, it’s also an investment to ensure equipment or trucks aren’t up on blocks due to damage or tire issues.

3

Train operators on tools and techniques

Each equipment manufacturer has suggested service intervals, but some operations have found success with more frequent maintenance. At Vista Sand, an oil change and oil sample analysis is performed every 250 hours on each piece of equipment. Operators also conduct a pre-shift and post-shift inspection and check in with the resident mechanic for additional input before a major failure happens.

4

Involve employees

Motor grader operators can increase their efficiency with moving heavy blade loads by leaning the tops of wheels toward the heel, which creates counteracting force against the side draft and helps the grader track straight. When building ditches, lean tires away from the ditch back slope to prevent sidewall damage and toward the ditch back slope to pack material.

When grading on a slope, operators should lean tires into the slope to provide better grip and away from the slope for better stability — i.e. more contact area.

AGGREGATES MANAGER / August 2017

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Voices of Experience Zachary Aragon

Wade Porter

Don Weinhold

S

U

A

ize matters when it comes to efficiently and effectively using a motor grader in an operation.

“Bigger is not always better, especially in our environment,” explains Zachary Aragon, fleet manager at Vista Sand, a sand producer in Granbury, Texas.

When Aragon began managing equipment at Vista Sand, he quickly discovered that the “bigger is better” mantra was inaccurate. Vista had been operating a Caterpillar 16M motor grader with a 16-foot blade, but Aragon determined that “it was too big for our needs.” Different features, such as front-wheel drive, also were needed for maximum efficiency.

“Just because you can blade more road at a time doesn’t make it a good fit,” he says. “Any time it rained or got muddy, it did not do well in the pit, so we didn’t get to use it when we really needed it.”

The lesson learned? Buying the right motor grader for an operation’s needs, and terrain is crucial. This means using any resources available and working with the dealer to pick the right machine for your operation. For Vista, this included Caterpillar conducting a site visit, measuring haul roads for width and distance, looking at the slope, and taking aerial views of the operation.

Vista ultimately scaled back to a 140M motor grader with a 14-foot blade and all-wheel drive.

“The haul roads are wide, but places in the pit are pretty tight, so a smaller machine and blade better fit our needs,” Aragon says. “We use our motor grader almost 24 hours a day, five to seven days per week, and average anywhere from 600 to 1,000 loads per day. We need the best motor grader to cover up potholes from rain and mud, and to smooth out the deep sand in the pit, which gets rutted out constantly. This means a smoother ride for operators and, ultimately, faster cycle times.”

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sing correct techniques for a motor grader can help boost productivity and reduce cycle time — while protecting an operation’s equipment investment.

“Train operators on how to properly operate a motor grader to crown a haul road and achieve the proper grade and slope,” says Wade Porter, motor grader product specialist at Caterpillar.

“Crowning from the haul road’s center line to the shoulder or ditch will allow proper drainage.”

However, it’s not as simple as it sounds. While grading and crowning, the motor grader operator could cause soil erosion if the slope is too steep and cause water to pool in the middle of the road if it’s too shallow.

“Motor grader operator training is important to every aspect of aggregates operations from haul road and yard maintenance to working in the pit,” Porter says. “Train operators on good techniques for machine frame and wheel lean setup, blade pitch, and blade rotation angle. The more forward you tip the blade, the more aggressive it cuts, because it puts the cutting edge at a more aggressive angle. The further back, the easier it is to spread and comb off large rocks that could cause tire damage.”

As an operator rolls the moldboard forward and backward, the cutting edge’s depth changes by 7 to 9 inches.

“Utilizing the pitch is a great technique for achieving grade, because it makes a uniform elevation change across the entire cutting edge and doesn’t change the blade slope, which the operator is trying to keep consistent,” Porter says.

“The operator should roll the moldboard forward to cut the deepest pothole or corrugation to achieve a smooth surface. Any loose material should be placed in a windrow and then spread back evenly on the road with added moisture so it can be sealed for a good load-bearing road cap.”

motor grader may seem like just another piece of equipment, but it is “critical” to the entire aggregates operation — and many aggregates producers admit they underutilize them, says Don Weinhold, senior market professional for quarry and aggregates at Caterpillar.

“When thinking about a motor grader and how it impacts cost per ton, we typically think about going from the face to plant, but they also play a role in maintaining the yard area, haul roads, and so many other parts of the operation,” Weinhold says. “Everything in an operation is part of a system.”

In addition to haul road construction and maintenance in an operation, motor graders are essential for blasting cleanup, loading area cleanup, dust maintenance, reclamation, and snow removal.

“When we train field reps and dealers, we take a look at the whole aggregates operation,” Weinhold says. “Every piece of equipment impacts every other piece.”

Although frequency of motor grader use varies by operation, the equipment itself and the techniques used to operate it need to be looked at holistically. “They need to be considered as part of an overall system, especially because some aggregates manager may be supervising a quarry or sand and gravel business that has been in operation for 50 or more years,” Weinhold says. “The people before them have made decisions that had an impact on the operation.”

When Weinhold conducts motor grader training, he advises on “rules of thumb” that speak to motor graders as part of the whole aggregates operation.

This includes the proper size motor grader for the operation, which is a function of what size haul trucks are being used. “You need to consider the width of the haul road, load carrying capability, berm heights, primary crusher hopper capacity, and other plant modifications when looking at motor graders,” Weinhold says.

AGGREGATES MANAGER / August 2017

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EQUIPMENT MANAGEMENT

Six Tips

For Maintaining Your Breaker Extend breaker life by following routine maintenance procedures.

22

AGGREGATES MANAGER / August 2017

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E

xcavator-mounted hydraulic breakers are an ideal attachment to help break rock, concrete, asphalt and other construction and aggregate materials. However, to achieve long-lasting attachment performance, routine maintenance needs to be top of mind.

A lack of routine maintenance can easily derail production, costing you valuable time, money, and potentially decreasing the attachment’s lifespan. By following these six tips, you can get optimal performance and life out of your heavy-duty hydraulic breaker.

Tip No. 1: Complete a visual inspection Although it only takes a few minutes to visually inspect a hydraulic breaker for wear and tear, many operators overlook this step. A visual inspection should be completed each time the breaker will be used to help identify any worn or damaged components and prevent unexpected downtime.

“Daily visual checks can give an early look at worn items that can lead to potential failures down the road,” says Lee Smith, Doosan attachment product specialist. “Check hydraulic hoses, the breaker shell, attachment pins, tool retainers and locks; and the tool point, for any cracks or gouges.”

Tip No. 2: Use the correct maintenance tools Many breaker manufacturers provide a specialized check tool to measure the breaker’s lower bushing, top angle of the breaker tool, and retaining pins. “Using this maintenance tool for its recommended checks will decrease the likelihood of early component failure,” Smith says.

The first step to using the maintenance tool is removing the retainer pins and breaker tool. Once the breaker tool is removed, it is a good

For a long life in a harsh operating environment, be sure to take proper care of your hydraulic breaker.

AGGREGATES MANAGER / August 2017

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EQUIPMENT MANAGEMENT opportunity to give it an inspection for any cracks and use the maintenance tool to check the top angle. Also, check the retainer pins for wear and/or damage.

Next, check the breaker’s bushing. “The maintenance tool is inserted into the bushing, and if it can be turned flat so that it fits end-to-end inside the bushing, the bushing needs to be replaced,” Smith says. “This simple check takes approximately 15 to 30 minutes and should be conducted once a week or every 50 hours of attachment use.”

“Any wear on the bushing can affect tool performance and should not be overlooked,” he adds. “Bushing wear will allow front to back play in the breaker tool and can cause misalignment to the piston.”

Tip No. 3: Examine hydraulic hoses

Before daily use, inspect the hydraulic breaker for wear and tear. Look for any worn or damaged components.

Hydraulic hoses from the excavator should be the correct length and always be routed properly to help decrease wear and potential downtime. According to Smith, hoses that are short in length restrict attachment extension. On the flip side, hoses longer in length can catch or become disengaged on rebar and other debris. Doosan breakers come with

standard hydraulic hoses that are the correct length for each of their machines to make installation easy and maximize operating time and hose protection.

Tip No. 4: Grease the attachment Greasing the hydraulic breaker is the most important maintenance item because it lubricates and clears the tool bushing area of debris. Use a No. 2 lithium-based grease with 3 percent moly rated to 500 degrees Fahrenheit to help prevent metal-on-metal contact. Compared to standard lubricants, the grease is made for higher temperatures and remains between the steel and bushings at higher temperatures, providing for better and longer-lasting lubrication.

Greasing can be done manually or via an automatic greasing system. If using a hydraulic breaker that needs to be manually greased, make sure to follow manufacturer recommendations — typically every 1 to 2 hours — to reduce buildup, tool wear, and bushing wear.

Some manufacturers feature an automatic lubrication (greasing) system for their hydraulic breaker models that delivers a constant flow of grease and eliminates manual greasing intervals. According to Smith, the lubrication system

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AGGREGATES MANAGER / August 2017 Untitled-21 1

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can be mounted on the breaker cradle directly, or a larger tank can be machine mounted. The automatic system can save labor-intensive time, money down the road, and help to avoid over-greasing the hydraulic breaker.

Tip No. 5: Use the right tool point Matching the tool point to its respective application can significantly maximize jobsite production and extend the breaker’s life. Hydraulic breakers can be equipped with different points — the most common being the moil tool point. When breakers are ordered, they may come standard with a set of moil points that can be used for everyday demolition applications.

Other available tool points include: • Chisel tool point — provides more breaker control when a breaker is being used for general excavation or cutting concrete for trenching.

• Blunt tool point — easily breaks and fractures large pieces of concrete or block

•

in heavy construction applications.

Pyramidal tool point — used for breaking hard, abrasive material in demolition applications.

Tip No. 6: Inspect nitrogen pressure Determining the proper nitrogen charge pressure depends on the application and outside working temperature, Smith says.

“The nitrogen level for breaking rock should be different than breaking concrete in a parking lot,” he says. “The outside temperature also adds another variable. The attachment’s Operation and Maintenance Manual gives you the recommended nitrogen pressure setting for your application and working temperature.”

By following these six hydraulic breaker maintenance tips, an operator can better utilize the attachment and help extend its life. Be sure to complete the recommended maintenance schedule for the hydraulic breaker. Catching any obvious concerns during a routine visual check can help reduce unnecessary downtime later on.

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EQUIPMENT MANAGEMENT

Right-size your breaker

H

ydraulic breaker attachments are not universal across all carriers such as crawler excavators. Each breaker must be properly sized to a specific carrier’s performance to effectively break material. For instance, if a breaker is too large for the carrier, energy can be displaced and diminish the breaker’s impact on the material. Additionally, if the breaker is too small, it can put excessive pressure on the working steel and other mounting components, potentially causing damage. Lee Smith, Doosan attachment product specialist, recommends working with a heavy equipment dealership to ensure the breaker will match the carrier’s weight, hydraulic oil flow and pressure, and will fit the desired breaker application. AM

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ROCKLAW

by Patrick W. Dennison and Adam J. Schwendeman

‘Flagrant’ Case Law Developing ALJ upholds flagrant designation under ‘narrow interpretation.’

T

Patrick W. Dennison is an attorney in Jackson Kelly PLLC’s Pittsburgh office, where he practices in the Occupational Safety and Health and Coal and Oil and Gas Industry Practice Groups.

He can be reached at 412434-8815 or pwdennison@ jacksonkelly.com.

Adam J. Schwendeman is an associate in Jackson Kelly PLLC’s Charleston office, where he practices in the Occupational Safety and Health and Litigation Practice Groups.

He can be reached at 304340-1077 or aschwendeman@ jacksonkelly.com.

28

en months ago, the Federal Mine Safety and Health Review Commission (Commission) issued its decision in The American Coal Co., et al., 38 FMSHRC 2062 (Review Commission August 2016), in which it reviewed Administrative Law Judge (ALJ) Thomas P. McCarthy’s decision regarding flagrant designations for two orders alleging violations of 30 C.F.R. § 75.400. The Commission upheld the ALJ’s decision with respect to one of the orders and remanded the case to the ALJ to determine whether the other order was flagrant under the “narrow approach” in light of certain findings made by the Commission and, if not, whether it was flagrant under the “broad approach,” which considers the operator’s history of past violations.

On June 15, 2017, ALJ McCarthy issued his decision on remand and ultimately sustained the Secretary’s original high negligence and flagrant designations, assessing a civil penalty of $112,380 for the violation. The cited standard, § 75.400, governs accumulations of combustible material in underground coal mines.

With its decision, the Commission further elaborated on the basis for a flagrant designation. The Commission identified five elements that the Secretary must establish to support a flagrant designation: (1) there was a condition that constituted a violation of a mandatory health or safety standard; (2) the violation was “known” by the operator; (3) the violation either (a) substantially caused death or serious bodily injury, or (b) reasonably could have been expected to cause

death or serious bodily injury; (4) there was a failure on the part of the operator to make reasonable efforts to eliminate the violation; and (5) that failure was either “reckless” or “repeated.”

ALJ McCarthy noted that the Commission majority did not address in its decision the approach to the “broad” interpretation of repeat flagrant designations that he had detailed in his initial decision and order.

Rather, the Commission majority directed the ALJ to fashion his “own broad interpretation ‘which permits the Secretary to establish a violation as flagrant by taking the operator’s history of previous accumulations violations into account.’” The ALJ found Commissioner Althen’s reasoning in his concurring and dissenting opinion to be “clear, sensible, and highly persuasive.”

The ALJ noted that Commissioner Althen made essentially two arguments: (1) the plain language of § 110(b)(2) refers to a single, specific violation, and (2) the practical application of the Commission’s interpretation of § 110(b)(2), as presented in its Wolf Run decision, raises “insurmountable procedural concerns relating to fair notice and due process.” The ALJ found that Commissioner Althen recognized that using an operator’s history of violations for this purpose presents concerns.

Nonetheless, and after detailing the Commission’s arguments and “separate comments” concerning the broad interpretation, the ALJ “decline[d] to address the broad interpretation.” Instead, he relied upon “the narrow interpretation” involving only “a

AGGREGATES MANAGER / August 2017

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single, ongoing violation” to uphold the flagrant and high ted reducing the negligence to moderate. Further, he found negligence designations and the penalty. that the operator was also on notice that greater efforts In his analysis, the ALJ addressed whether the responwere necessary in order to comply with the cited standard, dent knew or should have known that the violation existed given an extensive history of meetings, training sessions, for at least two shifts, given that the inspector issued no prior citations and orders for similar violations, safety talks inadequate examination violation and the cited condition and manager meetings, and changes in work force allocawas not detailed in the examination books. The ALJ retion to increase belt examinations. viewed the handwritten and printed production and delay Finally, the ALJ, in assessing a penalty of $112,380, reports and found that “mine management was well-aware” relied on the operator’s “repeated and extensive violation that the belt at issue was having “significant electrical and history under section 75.400,” finding that it “cannot be operational issues” during five shifts preceding issuance of gainsaid that non-flagrant civil penalty assessments under the order and that such issues led to multiple instances of the progressive enforcement scheme of the Mine Act, inclurecurrent stopping and starting that could cause spillage ding 77 penalties for S&S violations and 11 penalties for and float coal dust accumulations around the belt.” The ALJ unwarrantable failures, have not deterred respondent from concluded that the operator had multiple opportunities to continuing to violate the cited standard.” discover, document, and correct the violative conditions, The case law on “flagrant” designations continues to but nonetheless failed to take action. He found that the develop. With each decision from the Commission and its accumulations existed for more than two shifts and multiALJs, the industry learns what factors may be relied upon ple belt examinations were conducted during those shifts. by the Secretary to issue and sustain flagrant designations.

In addition, mine foremen traveled past the accumulations As we see further challenges to this type of designation, with their section crews as they traveled to and from the we hope that the legal reasoning will evolve and eventualworking face. ly provide the industry with a more precise definition of Having found in the initial decision that the operator what constitutes “flagrant” under the Mine Act. AM had constructive knowledge of the cited conditions, on remand the ALJ also found that the operator had “actual implied knowledge” of the cited conditions because: [t]he mine foremen knew that the pony belt delay could cause accumulations, and therefore had a duty to inspect and determine whether accumulations had occurred; or, alternatively, the mine foremen knew that the pony belt was experiencing With over 1200 different kits engineered and delays, knew that such delays might developed, count on Arctic Wolf™ for factory-style cause accumulations (former facts), integrated air conditioning systems in ready-to-fit and therefore a reasonable foreman kits. Loaders. Dozers. Excavators. Graders. Tractors. would have learned of the accuIf your equipment has an engine and a cab on it, we mulations (latter facts). can put cool air into it.

Using the same analysis concerCall today. 1-800-2 MR COOL or go online at ning the mine foreman’s actual www.hammondac.com and order your system and implied knowledge cited conditions, parts today. the ALJ increased the negligence back to “high” after initially reducing it to “moderate.” In his prior findings, the ALJ found the fact that the cited conditions were not reported to mine management by examiners 1-800-267-2665 • sales@hammondac.com • www.hammondac.com was a mitigating factor and suppor-

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ADINDEX August 2017

Advertiser

Web

Page

electricmotors.com

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BKT Tires

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Bill Langer - Research Geologist

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31

CL Dews & Sons Foundry

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31

Cowin & Company

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27

Elrus Aggregate System

www.elrus.com

15

Hammond Air Conditioning LLC

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29

HCEA

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31

John Deere Construction

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BC

Kespry, Inc.

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13

Kleeman, A Wirtgen Group Company

www.wirtgen-group.com/america

Liebherr Construction Equipment

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21

NSSGA Membership

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16

Progressive Commercial Insurance

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25

Sandvik

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IFC

United Employment Assoc.

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24 7

IBC

31

This index is provided as a service. The publisher does not assume any liability for errors or omissions.

30

AGGREGATES MANAGER / August 2017

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10/22/15 1:27 PM

7/18/17 3:38 PM

CARVED IN STONE

Bill Langer is a consulting research geologist who spent 41 years with the U.S. Geological Survey before starting his own business. He can be reached at Bill_Langer@hotmail.com

The Sand and the Sea

Sand has many environmental uses, but here is one that may not have come to mind.

W

hen I was a kid, my family spent summers — and some holidays — at the Jersey shore.

During early March 1962, a nor’easter, called the Ash Wednesday Storm, laid waste to New Jersey resort towns from Bay Head to Cape May. We went to the shore the following spring.

The U.S. Army Corps of Engineers had begun an emergency beach-replenishment project to restore the damage on the storm-ravaged coast. I remember walking on the beach with my dad. I was 17. There was a dredge off shore pumping a water-sand slurry through large pipes onto the beach. As the water drained off, heavy equipment moved and shaped the sand into dunes and a new beach. We were witnessing a tiny part of that massive restoration project.

While beach nourishment often involves dredging sand off shore and My dad said, “Time will tell.” He told me that wave pumping it in, some areas are running out of off-shore sand and trucking after wave slowly, but surely, eats away at the beach, it in from on-shore operations. and it was only a matter of time until another event like the Ash Wednesday storm would come along. (Hurricane Sandy comes to mind.) He predicted we would see more and more dredges spewing sand on the beaches.

Beach replenishment, or beach nourishment as it is called today, is the subject of serious debate in many coastal areas around the world, not just the Jersey shore. Many people question if beach nourishment is economically sustainable, environmentally conscious, and sound engineering practice.

However, other viable methods of beach protection are not apparent, and it is unlikely that multimillion dollar homes and billions of tourism dollars will be allowed to be washed away into the ocean. Therefore, general opinion seems to be that, although beach nourishment may not be an ideal solution, it is the best solution we have at hand.

Most beach nourishment projects have 50-year life cycles. Furthermore, it is likely that flooding and beach erosion will worsen over time due to rising sea levels and increased intensity of storms associated with climate change. Unless there is a drastic change in the approach to beach protection, massive amounts of sand will be required to maintain beaches during “normal” years and for restoration after major storms.

Right now, most of the sand is obtained from the continental shelf; a gently sloping nearly flat plain that extends offshore from the coastline seaward about 80 to 90 miles where it is about 300 feet deep. Beyond that is the continental slope and the ocean floor.

There are mounds and ridges of sand on the continental shelf that are remnants of barrier islands that existed during the Ice Age when sea level was lower. These features are prime targets for beach nourishment. They are also home to large schools of fish and other sea life, and fishermen are concerned over their use for beach nourishment. That, coupled with isolated sand shortages creates pressure to look elsewhere for sand.

Take, for example, a beach near Miami, Fla. They are running out of off-shore sand for beach nourishment, so sand is being trucked to the beach from an on-shore sand operation about 100 miles away. Ironically, the sand comes from a deposit that was a beach in the geologic past when the sea was higher than today.

My dad had it right about seeing more dredges in his lifetime and mine, but someday in the future, my grandkids or their grandkids may see dredges being replaced by fleets of trucks hauling sand to the beach from onshore sources.

Time will tell. AM

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