04/29/2020
In the matter of: Petition for Modification
Rockwell Mining LLC
Matewan Tunnel
I.D. No. 46-08610 Docket No. M-2019-020-C
PROPOSED DECISION AND ORDER TO REVOKE
On April 22, 2019, a petition was filed seeking a modification of the application of 30 CFR 75.1108(c) to the Petitioner’s Matewan Tunnel mine located in Boone County, West Virginia. The proposed decision and order (PDO) was granted on October 28, 2019.
On April 10, 2020, Mark Heath , Attorney for Rockwell Mining LLC informed the Mine Safety and Health Administration’s (MSHA) Mount Hope District by email that Rockwell Mining LLC will not be implementing Docket 2019-020 and request that the PDO be withdrawn.
ORDER
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Rockwell Mining LLC’s Petition for Modification of 30 C.F.R. § 75.1108(c) to the Matewan Tunnel mine is hereby:
REVOKED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. 44.14 within 30 days. The request for the hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Arlington, Virginia 22202-5452.
If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party, other than the Petitioner, who has requested a hearing, may also comment upon all issues of fact or law presented in the petition and any party to this action requesting a hearing may indicate a desired hearing site.
If no request for a hearing is filed within 30 days after service thereof, the Order to Revoke will become final and must be posted by the operator on the mine bulletin board at the listed mines.
/s/
Stephen J. Gigliotti
Chief, Safety Division
Mine Safety and Health Enforcement
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 29th day of April, 2020, to:
Mr. Mark E. Heath
Spilman Thomas & Battle, PLLC
300 Kanawha Boulevard,
East (ZIP 25301)
Post Office Box 273
Charleston, WV 25321-0273
mheath@spilmanlaw.com
Mr. Harold Elswick
Representative of Miners
United Mine Workers of America
Local Union 1503
500 4th Street
Madison, WV 25130
/s/
Michele Gussie
Secretary
cc: Eugene White, Director , Office of Miners' Health Safety & Training, #7 Players Club Dr. Suite 2, Charleston WV 25311 Eugene.E.White@wv.gov