Petition - Docket No. 1994-030-C

In the matter of:             Petitions for Modification

Mon River Mining Corporation

No. 1 Deep Mine

I.D. No. 46-06647     

Docket No.                         30 CFR Standard             Granted                         Finalized__________

M-1986-185-C             75.503                         April 6, 1987                         May 18, 1987

M-1994-030-C             75.364(b)(2)                         January 17, 1995             February 16, 1995

PROPOSED DECISION AND ORDER TO REVOKE

MSHA records indicate that underground workings of the referenced mine have been permanently abandoned and the surface opening to the mine sealed.  MSHA has determined that the mining conditions have changed and that the modifications are no longer needed at the referenced mine. 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 Health Act of 1977, 30 U.S.C. 811(c), the modifications as they apply to the referenced mine are hereby:

REVOKED

Pursuant to 30 CFR 44.52, revocations of the granted modifications will become final 30 days after service of this Proposed Decision and Order to Revoke, unless a hearing is requested on the Decision and Order.  Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14, within 30 days.  The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 1100 Wilson Boulevard, Arlington, Virginia  22209-3939.

If a hearing is requested, the request shall contain a concise summary of the 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 to Revoke will become final.

___________________________________       Terry L. Bentley

Chief, Division of Safety

Coal Mine Safety and Health

Certificate of Service

I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, this ___________ day of ________________, 2004, to:

Mr. John Pettite, Jr.

Superintendent

Mon River Mining Corp.

PO Box 2429 Westover, WV 26502

__________________________________ Melissa C. Beaty

 Mine Safety and Health Technician

(Office Automation)

cc:             Mr. Doug Conaway

bcc:             District 3