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Petition - Docket No. M-2011-024-C

APR 0 6 2016 

In the matter of:                          Petitions for Modification
Rosebud Mining Company
(Formally AMFIRE Mining Company LLC
And Anita Mining Company)
Ondo Extension
I.D. No. 36-09005

Petitions that are Granted and Finalized

Docket No.

30 CFR Standard

Granted

Finalized

M-2003-003-C

75.1100 2(e)(2)

August 14, 2003

September 14, 2003

M-2008-014-C

75.500

February 5, 2009

March 5, 2009

M-2008-042-C

75.1101-1(b)

April 16, 2009

May 16, 2009

M-2011-024-C

75.503

March 8, 2012

April 8, 2012

PROPOSED DECISION  AND ORDER TO REVOKE

MSHA records indicate that on approximately March 18, 2015 the underground workings of the referenced mine have been permanently abandoned and the surface opening to the mine sealed. The mine type is currently a surface operation that is in Non-Producing status.   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, 20112th 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.

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 April 2016, to: 

Mr. J. Clifford Forrest III 301 Market Street
Kittanning, PA 16201

Monique Banks
Secretary

cc:                  Mr. Colvin C. Carson, Director, Bureau of Mine Safety, PA Dept. of Environmental Protection 131BroadviewRoad, New Stanton,PA 15672 cocarson@pa.gov