U.S. Department of Labor Mine Safety and Health Administration
201 12th Street South
Arlington, Virginia 22202-5452
DEC 2 1 2016
In the matter of:
Peabody Midwest Mining, LLC (Formerly Black Beauty Coal Company) Gateway Mine
I.D. No. 11-02408
Petitions for Modification
Docket No. 30 CFR Standard Granted Finalized
M-2006-080-C 75.364(b)(l) December 11, 2008 January 10, 2009
M-2008-046-C 75.1101-l(b) February 2, 2009 March 4, 2009
PROPOSED DECISION AND ORDER TO REVOKE
On September 1, 2016 MSHA headquarters received a memorandum from District 8 stating an investigation indicated that the portals at the Gateway Mine have been permanently abandoned and sealed. The mine type has changed to facility. MSHA has determined that the mining conditions have changed and that the petitions for modification are no longer needed at the referenced mine. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safetyand Health, and pursuant to section lOl(c)of the Federal Mine Safety Health Act of 1977, 30 U.S.C. 811(c), the petitions 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 afterservice of this Proposed Decisionand 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 requestfor a hearing is filedwithin 30 daysafter 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 21st day of
December 2016, to:
Mr. Chad Barras Safety Director
420 Long Lane Road Equality, IL 62934
Jenna Haley, Ray Hood, Gary Wilhelm, Chris Van Arsdale
Miner's Representatives
13101 Zeigler 11 Rd. Coulterville IL 62237
l
Monique G. Banks
Secretary
cc: Mr. Jim Hafliger, Director Office of Mines and Minerals Illinois Dept. of Natural Resources One Natural Resources Way, Springfield, IL 62702-1271 DNR.MMLRD@illinois.gov