U.S. Department of Labor Mine Safety and Health Adm1nistrat1on
201 12th Street South Arlington, Virginia 22202-5452
In the matter of: Petition for Modification
Rough Creek Mining, LLC Rough Creek Mine
I.D. No.: 15-18335
Docket No. 30 CFR Standard Granted Finalized
M-2005-058-C 75.1101-l(b) November 4, 2005 December 4, 2005
PROPOSED DECISION AND ORDER TO REVOKE
MSHA records indicate that on January 5, 2015 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 petition for 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 petition for 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 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 certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 7th day of August, 2015, to:
Address of Record
Mr. Steve Short General Manager
Rough Creek Mining, LLC 1586 Balls Hill Road
Nebo, Kentucky42441
Monique banks
Secretary
cc: Franklin J. Reed, Division Director, Division of Mine Safety, 1025 Capital Center Dr., Suite 201, Frankfort, KY 40601