06/13/2023
In the matter of PETITION FOR MODIFICATION Marshall County Coal Resources, Inc.
(Formerly McElroy Coal Company)
Mine I.D. No. 46-01437 Docket No. M-1999-122-C
PROPOSED DECISION AND ORDER TO REVOKE
On May 2, 2023, the Chief Division of Safety received a memorandum from the Morgantown District manager requesting that Dockets M-1999-122-C and M- 2004-001-C for Marshall County Coal Resources, Inc. – Marshall County Mine be revoked.
On April 19, 2023, Morgantown District manager received a request from Ryan Carman, Safety Director for Marshall County Coal Resources, Inc. requesting that Dockets M-1999-122-C and M-2004-001-C be revoked. In the affected area, New seals were constructed in the A-North, B-North, and 1 North areas. The entire area is now being examined in its entirety therefore the check points (monitoring stations) approved in the petitions are no longer needed.
Therefore, MSHA has determined that the mining conditions have changed. The findings which originally supported the terms and conditions of the modification are no longer valid. There has also been a change in circumstances which originally supported the terms and conditions of the modification. As a result, the modification is 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 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 Mine Safety and Health Enforcement at 201 12th Street South, Suite 401, 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 request for a hearing is filed within 30 days after service thereof, the Order to Revoke will become final.
Brian Goepfert
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 prepaid, or provided by other electronic means this 13th day of
June , 2023, to:
Mr. Ryan Carman Safety Director
Marshall County Coal Resources, Inc. 57 Goshom Woods Road
Cameron, West Virginia 26033 ryancarman@ancrinc.com
Corey Lyseski
Miner’s Representative 57 Goshorn Woods Road Cameron WV 26033 m.coreylyseski@yahoo.com
Don Braenovich
Mine Safety Health Specialist
cc: McKennis Browning, Acting Director, Office of Miners' Health Safety & Training #7 Players Club Dr. Suite 2, Charleston WV 25311 McKennis.P.Browning@wv.gov