DEC 2 2 2016
In the matter of: Petitions for Modification
Bowie Resources LLC
(Formerly Bowie Resources Limited)
Bowie No 2 Mine
I.D. No. 05-04591
Docket No. 30 C.F.R. Standard Granted Finalized
M-1999-063-C 75.1002 October 28, 1999 November 27, 1999
M-1999-064-C 75.804(a) January 27, 2000 February 26, 2000
M-1999-100-C 75.1909(b)(6) March 13, 2000 April 12, 2000
M-2000-047-C 75.701 January 31, 2001 March 2, 2001
M-2000-048-C 75.901(a) December 15, 2000 January 14, 2001
M-2000-049-C 75.500(d) December 15, 2000 January 14, 2001
M-2000-050-C 75.1002-l(a) December 15, 2000 January 14, 2001
M-2001-029-C 75.1726(a) September 3, 2003 October 3, 2003
M-2003-023-C 75.1002 September 3, 2003 October 10, 2003
PROPOSED DECISION AND ORDER TO REVOKE
On August 8, 2016 the mine operator changed the status of the Bowie No 2 Mine from an active underground mine to an intermittent surface facility and permanently sealed all of the underground mine openings. Therefore, the mining conditions have changed and the petitions for modification listed above 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), Bowie Resources LLC's Petitions for Modifications as they apply to its Bowie No 2 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, at 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 the 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.
Stephen J. Gigliotti
Chief, Division of Safety
Coal Mine Safety and Health
,
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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 22nd day of
December.._2016, to:
William Bear Mine Manger
43659 Bowie Road
Paonia, Colorado 81428 bbear@bowieresoucrces.com
Monique G. Banks
Secretary
cc: Mr. Bill York-Feirn, Chief Inspector Colorado Division of Mines Department of Natural Resources 1313 Sherman Street, Denver, CO 80203