Skip to main content
U.S. flag

An official website of the United States government.

Petition - Docket No. M-2013-017-C

11/3/2021

In the matter of:                                                                    Petition for Modification UC Mining, LLC

(formerly Highland Mining Company, LLC)

UC Mining, LLC

(formerly Highland 9 Mine) I.D. No. 15-02709
 

Docket No.                30 CFR Standard          Granted                 Finalized


M-2013-017-C           75.1100-3              September 20, 2013 October 20, 2013

PROPOSED DECISION AND ORDER TO REVOKE

On September 7, 2021 MSHA headquarters received a letter from the Madisonville District stating that the underground workings of the referenced mine have been permanently abandoned and sealed at the mine portals and requesting that Docket M-2013-017-C be revoked. 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 Mine Safety and Health Enforcement, 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 Mine Safety and Health Enforcement, 201 12th Street South, Suite 401, 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
Mine Safety and Health Enforcement

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 3rd day of November, 2021, to:

Mr. Kiah Winstead Superintendent 1586 Balls Hill Rd Nebo, KY 42441
Kiah.winstead@arlp.com

 

Don Braenovich
Mine Safety and Health Specialist

cc:       Tim Fugate, Divisions Director, Division of Mine Safety
            300 Sower Boulevard P.O. Box 2244, Frankfort, KY 40601

tim.fugate@ky.gov