U.S. Department of Labor Mine Safety and Health Administration
201 12th Street South
Arlington, Virginia22202-5452
JAN 0 9 2016
In the matter of: Petition for Modification
Bowie Resources Limited
Bowie No 3 Mine
I.D. No.: 05-04758
|
Docket No. |
30 CFR Standard |
Granted |
Finalized |
|---|---|---|---|
|
M-2003-081-C |
75.1002 |
May 3, 2004 |
June 2, 2004 |
PROPOSED DECISION AND ORDER TO REVOKE
MSHA records indicate that on September 30, 2005 the underground workings of the referenced mine have been permanently abandoned and the surface opening(s) to the mine sealed. MSHA has determined that the mining conditions have changed and that 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, revocation of the granted modification 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, 201 12th 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 may 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 decision was served personally or mailed, postageprepaid, or provided by other electronic means this 9th day of January, 2017, to:
Mr. Ernal A. Shaw
Safety Manager
1855 Hwy 133
Paonia, CO 81428
r
Monique Banks
Secretary
cc: Mr. Bill York- Feirn, Chief Inspector, Colorado Division of Mines, Department of Natural Resources, 1313 ShermanStreet, Denver, CO 80203