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Petition - Docket No. 1996-016-C

U.S. Department of Labor             Mine Safety and HealthAdministration

201 12th Street South

Arlington , Virginia 22202-5452

 

MAY 1 8 2016

In the matter of:                                                                                  Petitions for Modification

The Harrison County Coal Company

Harrison County Mine

(Formerly Consolidation Coal Company;

Robinson Run No. 95 Mine)

I.D. No. 46-01318

 

 

Petitions that are Granted and Finalized

Docket No.

30 CFR Standard

Granted

Finalized

M-2003-070-C

75.364(b)(2)

July 06, 2004

August 05, 2004

M-96-016C

75.364(b)(1)

December 08, 1996

January 07, 1998

 

 

PROPOSED DECISION AND ORDER TO REVOKE

 

MSHA has determined that the two areas from 104 block of Main North to the Oakdale shaft and from 45 block Main North to 3 block which the modifications were granted has been permanently sealed. Since mining conditions have changed, the modification is 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 modification as it applies to the referenced mine is 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, 20112th Street South, Arlington, Virginia 22202-5452.

 

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.

 

 

 

 

Stephen J. Gigliotti

Chief, Division of Safety

Coal Mine Safety and Health

 

 

Certificate of Service

 

I hereby certifythat a copy of this proposed decisionwas served personally or mailed, postage paid, or providedby other electronicmeans this18th day of May, 2016 to:

 

 

 

 

 

Mr. Michael Nestor, Safety Director 79 Camp Run Road

Mannington WV, 26582

 

Ann Martin, MinersRepresentative 507 Festus Ridge Road

Worthington WV, 26591

 

 

 

 

 

 

Monique Banks

Secretary

 

 

cc:         Eugene White, Director,Office of Miners'Health Safety & Training

1615 Washington Street E, Charleston, WV 25311

Eugene.E.White@wv.gov