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Petition - Docket No. 1994-120-C

 In the matter of                                                                       Petitions for Modification

Oxbow Mining, LLC

Sanborn CreekMine

I.D. No. 05-04452

 

Petitions that are Granted and Finalized

Docket No.

30 CFR Standard

Granted

Finalized

M-1994-120-C

75.350

September 12, 1996

October 12, 1996

M-1997-109-C

75.804(a)

April 21, 1998

May 21, 1998

M-1997-110-C

75.1002

June 1, 1998

July 1, 1998

M-2000-156-C

75.701

May 29, 2001

June 28, 2001

M-2000-157-C

75.901

May 29, 2001

June 28, 2001

 

PROPOSED DECISIONAND ORDER TO REVOKE

 

MSHA records indicate that underground workingsof the referenced mine have been permanently abandonedand the surface openingto the mine sealed.MSHA has determined that the mining conditions have changedand that the modifications are no longer neededat 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 SafetyHealth 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 ProposedDecision and Orderto Revoke, unlessa hearing is requested on the Decision and Order. Any party to this actiondesiring a hearingon this matter must file in accordance with 30 CFR 44.14, within30 days. The requestfor hearing must be filed with the Administrator for Coal Mine Safety and Health,1100 Wilson Boulevard, Arlington, Virginia22209-3939.

 

If a hearing is requested, the requestshall contain a concisesummary of the position on the issues of fact or law desiredto be raised by the party requesting the hearing, includingspecific objections to the proposeddecision. A party other than Petitioner who has requested a hearing shall also commentupon all issuesof fact or law presented in the petition, and any party to this action requesting a hearingmay indicate a desiredhearing site.

 

If no request for a hearing is filed within30 days afterservice thereof, the Order to Revoke will become final.

 

 

Terry L. Bentley

Chief, Division of Safety

Coal Mine Safetyand Health