JUN 28 2019
In the matter of: Petitions for Modification
Hopkins County Coal LLC
Elk Creek Mine
I.D. No. 15-18826
Docket No. 30 CFR Standard Granted Finalized
M-2005-036-C 75.1101-1(b) August 22, 2005 September 21, 2005
M-2005-059-C 75.1700 December 22, 2005 January 21, 2006
On November 1, 2016 MSHA headquarters received a request from District 10 requesting that the referenced petitions for modification be revoked. The underground portion of the Elk Creek Mine was abandoned and sealed on June 18, 2019. The primary mine type reclassified to a surface mine. MSHA has determined that the mining conditions have changed and that the petitions for modification 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 petition for 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 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 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.
/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 prepaid, or provided by other electronic means this 28thday of 2019 to:
Mr. Troy D. Johnson Safety Director
57 J.E. Ellis Rd. Madisonville, KY 42431
troy.johnson@alrp.com
/s/
Kim Picott-Wagner
Secretary
cc: Jim Vicini, Division Director Division of Mine Safety, 300 Sower Boulevard
P.O. Box 2244, Frankfort, KY 40601
jim.vicini@ky.gov