In the matter of
Left Fork Mining Company, Inc.
Straight Creek Mine #1
I.D. No. 15-12564
Petition for Modification
Docket No. M-1998-007-C
PROPOSED ORDER OF DISMISSAL
On December 23, 1997, Left Fork Mining Company, Inc. filed a petition pursuant to 101(c) of the Federal Mine safety and Health Act of 1977, 30 U.S.C. sec. 811(c), and 30 CFR 44 et seq., for modification of the application of 30 CFR 75.380(h) to its Straight Creek Mine #1 located in Bell County, Kentucky. The Petitioner proposed an alternative method.
Finding of Fact and Conclusion of Law
Although the mine has been idle for an extended time, the district indicates that the alternate escapeway has been rerouted so as to eliminate the point where the primary and alternate escapeway were common. The primary escapeway is routed through a vertical intake shaft. The alternate escapeway currently is routed in the return aircourse to the bottom of an intake slope. A copy of the mine map is on file. As a result of the change in routing of the alternate escapeway, a petition is unnecessary. For this reason, the petition is dismissed as moot.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C., sec. 811(c), it is order that Left Fork Mining Company, Inc.'s Petition for Modification of 30 CFR 75.380(d) to its Straight Creek Mine #1 is hereby:
Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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 Petitioner who has requested a hearing shall 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 of Dismissal will become final.
Chief, Division of Safety Coal Mine Safety and Health