U.S. Department of Labor Mine Safety and Health Administration
201 12th Street South
Arlington, Virginia 22202-5452
SEP O 6 2016
In the matter of: Petitions for Modification
Knight Hawk Coal LLC
Prairie Eagle South Underground Mine
I.D. No. 11-03205
Docket No. 30 CFR Standard Granted Finalized
M-2008-049-C 75.503(18.35( a)(5)(i)) May 29, 2009 June 28, 2009
PROPOSED DECISION AND ORDER TO REVOKE
On August 19, 2016 MSHA headquarters received a memorandum from District 8 stating an investigation indicated that the underground ·workings of the referenced mine have been permanently abandoned. MSHA has determined that the mining conditions have changed and that the petition for modification is 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 l0l(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 final30 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 hearingmust be filed with the Administrator for Coal Mine Safety and Health, 201 12 th 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 commentupon all issuesof 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
.
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:
Mr. Thomas J. Hasenstab II
Mine Engineer
500 Culter-Trico Road
Percy, IL 62272
tomhasenstab@knighthawkcoal.com
Monique G. Banks
Secretary
cc: Mr. Jim Hafliger, Director Office of Mines and Minerals Illinois Dept. of Natural Resources, One NaturalResources Way, Springfield, IL 62702-1271