JULY 01 2019
In the matter of: Petition for Modification
River View Coal LLC
(Formerly: Island Creek Coal Company)
River View Facilities (Formerly: Ohio #11)
I.D. No. 15-03178
Docket No. 30 C.F.R. Granted Final Decision Date
______________________________________________________________________
M-1976-084-C 75.1710-1 May 4, 1979 June 3, 1979
PROPOSED DECISION AND ORDER TO REVOKE
On June 21, 2019 MSHA headquarters received a request from District 10 stating that the records indicate that the underground workings of the referenced mine have been permanently abandoned and sealed at the mine portals. MSHA has determined that the findings and conditions that justified the modification have changed such that the modification is no longer warranted 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 C.F.R. § 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 C.F.R. § 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.
/s/
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 1stday of, 2019, to:
Mr. Thomas K. Ford General Manager River View Coal LLC 835 State Route 1179
Waverly, KY 42462 ken.ford@arlp.com
/s/
Kim Picott-Wagner
Secretary
cc: Jim Vicini, Division Director Division of Mine Safety, 300 Sower Boulevard
P.O. Box 2244, Frankfort, KY 40601
jim.vicini@ky.gov