In the matter of Petitions for Modification
D. G. W. Coal Company
No. 7 Vein Slope
I.D. No. 36-07093 Docket No. M-1994-182-C
PROPOSED DECISIONAND ORDER TO REVOKE
D. G. W. Coal Company’s No. 7 Vein Slope was granted modification of the application of 30 CFR 75.1400 (Docket No. M-1994-182-C). The modification for 30 CFR 75.1400 underDocket No. M-1994-182-C was issued July 18, 1995, and finalizedAugust 17, 1995.
MSHA records indicatethat underground workingsof the mine were permanentlyabandoned and the surface openingsto the mine sealed July 19, 1996.
Finding of Fact and Conclusion of Law
MSHA has determined that the miningconditions have changedand that the modification is no longernecessary because the underground workingsof the No. 7 Vein Slope have been permanentlyabandoned and the surface openingssealed.
Therefore, modification of 30 CFR 75.1400 (DocketNo. M-1994-182-
C) is no longerneeded at the No. 7 Vein Slope.
ORDER
Wherefore, pursuant to the authoritydelegated 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),it is ordered that D. G. W. Coal Company's modification of 30 CFR 75.1400 (DocketNo. M-1994-182- C) as it appliesto the No. 7 Vein Slope is hereby:
REVOKED.
Pursuant to 30 CFR 44.52, revocations of the granted modifications will become final 30 days after serviceof this Proposed Decision and Order to Revoke, unless a hearing is requested on the Decisionand Order. Any party to this action desiring a hearing on this mattermust 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 hearingis requested, the request shall contain a concise summary of the position on the issues of fact or law desired to
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be raisedby the party requesting the hearing, including specific objections to the proposeddecision. A partyother than Petitionerwho has requested a hearingshall also commentupon 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 requestfor 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