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Petition - Docket No. M-2004-047-C

U.S. Department of Labor             Mine Safety and Health Administration

201 12th StreetSouth

Arlington, Virginia22202-5452

 

 

 

SEP 0 6 2016

 

In the Matter of:                                                        Petitions for Modification

Big Ridge Inc

Willow Lake Portal

I.D. No.:  11-03054

 

Docket No.           30 CFR Standard      Granted                             Finalized

M-2000-167-C      75.1700                      May 16, 2001                    June 15, 2001

M-2004-047-C      75.1909(b)(6)             January 21, 2005               February 3, 2005

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.  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, 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. 

 

 

                                                                      

                                                                       Stephen J. Gigliotti

                                                                       Chief, Division of Safety

                                                                       Coal Mine Safety and Health

 

 

 

 

 

 

 

 

3

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 6th day of September, 2016, to:

 

Addressee of Record Mr. Chad Barras Safety Director

7100 Eagle Crest Blvd Evansville, IN 47715 cbarras@peabod yenergy .com

 

_______________________________

Monique G. Banks

Secretary

 

 

cc:         Donald McCorkle, Director Indiana Bureau of Mines, Vincennes Univ.

Technology Building,1002 N. First St., Vincennes, IN  47591