U.S. Department of Labor Mine Safety and HealthAdministration
201 12th Street South
Arlington , Virginia 22202-5452
MAY 1 7 2016
In the matter of: Petitions for Modification
Wolf Run Mining Company
(Formerly: Hawthorne Coal Company Inc.)
Name of Mine: Sawmill Run Preparation Plant
I.D. No. 46-05544
Docket No. 30 CFR Standard Granted Finalized
M-2005-056-C 77.214 (a) June 13, 2006 July 13, 2006
PROPOSED DECISION AND ORDER TO REVOKE
MSHA has determined that the area for which the modification was granted is no longer warranted. The five mine openings have been sealed and reclaimed. The mine information form now shows this mine being just a facility. 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, 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 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 certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 17th day of May, 2016, to:
Mr. Joseph Myers 245 Enoxy Bldv.
Tallmansville WV, 26237
Monique Bank
Secretary
cc: Eugene White,Director, Office of Miners' HealthSafety & Training 1615 Washington Street E, Charleston, WV 25311