In the matter of: Petitions for Modification
Jesse Creek Mining, LLC
(formerly Boone Resources, Inc.)
Gholson Mine No.1
I.D. No.: 01-02908
Docket No. 30 CFR Standard Granted Finalized
M-1996-074-C 75.1700 January 6, 1997 February 1,1997
M-1996-153-C 75.350 December 10, 1997 January 14, 1998
PROPOSED DECISION AND ORDER TO REVOKE
MSHA records indicate that the underground workings of the referenced mine have been permanently abandoned and the surface opening(s) to the mine sealed since October 17, 2014. MSHA has determined that the mining conditions have changed and that 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 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 modifications as they apply 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 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 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. 'l
/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 pre-paid, or provided by other electronic means this _5 th _ day of
March , 2019, to:
Addressee of Record
Mr. Cary P. Harwood
Chief Operating Officer
1615 Kent Dairy Road
Alabaster, AL 35007
charwood @jesse creek mining.com
/s/
Tammi Carrington
Secretary