In the matter of: RoxCoal, Inc Petitions for Modification
Roytown Deep Mine
I.D. No. 36-09260
Quecreek #1 Mine
I.D. No. 36-08746
Docket No. 30 CFR Standard Granted Finalized
M-2010-013-C 75.1101-1(b) January 21, 2011 February 20, 2011
PROPOSED DECISION AND ORDER TO REVOKE
On August 30, 2019 MSHA headquarters received information from District 2 that the underground workings of the referenced mines have been permanently abandoned and sealed at the mine portals. MSHA has determined that the mining conditions have changed and that the petition for modification is no longer needed at the referenced mines. 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 mines 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 6th day of September , 2019, to:
Mr. Robert Bodenschatz
Director of Safety
1576 Stoystown Rd.
Friedens, PA 15541
bbodenschatz@corsacoal.com
/s/
Kim Picott-Wagner Secretary
cc: Mr. Richard A. Wagner, P.E., Acting Director, Bureau of Mine Safety
PA Dept. of Environmental Protection, P.O . Box 133, 131 Broadview Road New Stanton, PA 15672