Petition - Docket No. M-2008-011-C

In the matter of:                                                                    Petitions for Modification
Seminole Coal Resources LLC
(formerly North River Energy Corp.)
North River #1 Underground Mine
I.D. No.: 01-00759

PROPOSED DECISION AND ORDER TO REVOKE

On February 27, 2019 the Mine Safety and Health Administration (MSHA) Coal's Division of Safety was notified by District 7 that on December 16, 2013, Jeff Gregg, Resident Engineer notified the district that the underground workings of the North River #1 Underground Mine have been permanently abandoned and the surface opening(s) to the mine sealed. In addition, on the legal ID the type of operation was changed from underground to facility. MSHA has determined that the mining conditions have changed and that the petitions for modification referenced 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), the modifications as they apply to the referenced mine are hereby:

REVOKED.

Pursuant to 30 CFR 44.52, revocations of the petitions for modifications listed above 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.

                   /s/                      

Stephen J. Gigliotti

Chief, Division of Safety

Coal Mine Safety and Health

              I hereby certify that a copy of this proposed decision was served personally or mailed,

              postage prepaid, or provided by other electronic means this      5th     day of

              March    , 2019, to:

Addressee of Record
Mr. Robert McAtee
Executive VP
8360 Taylors Ferry Road
Hueytown, AL 35023
rmcatee@er pfuels.com

                 /s/                      
Tammi Carrington
Secretary

cc:       Mr. Leon Herren, Mine Safety and Inspection Supervisor, Alabama Department of Labor, 11 West Oxmoor Road, Ste. 201 Birmingham, AL 35309