U.S. Department of Labor Mine Safety and Health Administration
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
(FormerlyConsolidation Coal Company;
Robinson Run No. 95 Mine)
I.D. No. 46-01318
Docket No. 30 CFR Standard Granted Finalized
M-2003-070-C 75.364(b) (2) July 06, 2004 August 05, 2005
M-96-019-C 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, pursuantto the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to sectionlOl(c) of the Federal Mine Safety HealthAct 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 Decisionand Order to Revoke, unlessa hearing is requested on the Decisionand 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 requestfor hearing must be filed with the Administrator for Coal Mine Safety and Health, 20112th Street South, Arlington, Virginia 22202-5452.
If a hearingis requested, the request shall contain a concise summaryof the position on the issuesof fact or law desired to be raised by the party requestingthe hearing, including specificobjections to the proposed decision.A party other than Petitionerwho has requested a hearing shall also comment upon all issues of fact or law presentedin the petition,and any party to this actionrequesting a hearingmay indicate a desired hearing site.
If no requestfor a hearing is filed within 30 days after servicethereof, the Order to Revoke will become final.
Steven J. Gigliotti
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 paid, or provided by other eletronic means this 18th day of May, 2016, to:
Mr. Michael Nestor, Safety Director
79 Camp Run Road
Mannington WV, 26582
Ann Martin, Miners Representative 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