9/24/25
In the matter of: PETITIONS FOR MODIFICATION
Marion County Coal Resources, Inc.
Marion County Mine
I.D. No. 46-01433
Docket No. 30 CFR Standard Issued Finalized
M-1993-029-C 75.364(b)(2) 06/21/1995 07/21/1995
M-1993-325-C 75.343(b) 05/04/1995 06/03/1995
M-1996-044-C 75.364(b)(1) 10/20/1998 05/24/1997
M-2002-028-C 75.364(b)(1) 06/24/2004 07/24/2004
M-2004-024-C 75.364(b)(2) 12/09/2004 01/08/2005
M-2021-026-C 75.1700 12/10/2021 01/09/2022
M-2022-009-C 75.507-1(a) 12/09/2022 01/08/2023
M-2022-010-C 75.1002(a) 12/09/2022 01/08/2023
M-2023-008-C 75.500(d) 12/13/2023 01/12/2024
PROPOSED DECISION AND ORDER TO REVOKE
On September 10, 2025, the Chief, Division of Safety received notification from MSHA’s Morgantown District requesting that Dockets M-1993-029-C, M-1993-325-C, M-1996-044-C, M-2002-028-C, M-2004-024-C, M-2021-026-C, M-2022-009-C, M-2022-010-C, M-2023-008-C, for the above referenced 30 Code of Federal Regulation (30 C.F.R.) standards, for Marion County Coal Resources, Inc. – Marion County Mine be revoked.
On September 10, 2025, the Morgantown District received a request from Jeremy Devine, Safety Director for Marion County Coal Resources, Inc. requesting that the above-mentioned dockets be revoked. The modifications approved in the petitions are no longer in use or desired by the mine operator. Therefore, MSHA has determined that there has been a change in circumstances which originally supported the terms and conditions of the modifications. As a result, the modifications are no longer needed at the referenced mine.
Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and pursuant to section 101(c) of the Federal Mine Safety Health Act of 1977, 30 U.S.C. 811(c), the modifications as they applies to the referenced mine are 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 Mine Safety and Health Enforcement, 200 Constitution Ave NW, Suite C3522, Washington, DC, 20210.
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 of service thereof, the Order to Revoke will become final.
Timothy R. Watkins
Acting Administrator for
Mine Safety and Health Enforcement
Certificate of Service
I hereby certify that a copy of this proposed decision was served personally or mailed, postage paid, or provided by other eletronic means this 24th day of September, 2025, to:
Jeremy Devine
Safety Director
Marion County Mine
151 Johnnycake Road
Metz, WV 26585
jeremydevine@acnrinc.com
Alexander Bullinger
General Engineer
cc: Frank Foster, Director,
Office of Miners’ Health, Safety, and Training
#7 Players Club Drive Suite #2
christianna.colles@alaska.gov