Petition - Docket No. 1994-177-C

In the matter of: Petitions for Modification L. V. Coal Company No. 4 Slope I.D. No. 36-08014

PROPOSED DECISION AND ORDER TO REVOKE

MSHA records indicatethat underground workingsof the referenced mine have been permanently abandoned and the surface openingto the mine sealed.MSHA has determined that the mining conditions have changed and that the modifications are no longerneeded at the referenced mine. Wherefore, pursuantto the authority delegated by the Secretaryof Labor to the Administrator for Coal Mine Safety and Health, and pursuant to section 101(c) of the FederalMine Safety HealthAct of 1977, 30 U.S.C.811(c), the modificationsas they applytothe 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 Order to Revoke, unlessa hearing is requested on the Decisionand Order. Any party to this action desiringa 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 requestshall contain a concisesummary of the position on the issues of fact or law desiredto be raised by the party requesting the hearing, including specific objections to the proposeddecision. A party other than Petitioner who has requesteda hearing shall also comment upon all issuesof fact or law presentedin the petition, and any party to this action requesting a hearing may indicate a desiredhearing site.

If no request for a hearingis filed within30 days after servicethereof, the Order to Revoke will become final.

Terry L. Bentley

Chief, Division of Safety

Coal Mine Safety and Health