MAR 19 2020
In the matter of: Petition for Modification
Sunrise Coal, LLC
Prosperity Mine
I.D. No. 12-02249
Docket No. 30 CPR Standard Granted Finalized
M-2013-035-C 75.503(18.35( a)(5)(i)) July 11, 2014 August 10, 2014
PROPOSED DECISION AND ORDER TO REVOKE
On March 13, 2020 MSHA headquarters received a memorandum from District 8, District Manager, Ron Burns stating an investigation indicated that the underground workings of the referenced mine have been permanently abandoned and sealed. The mine type has been changed from underground to surface on December 23, 2014. 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 CPR 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 CPR 44.14, within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, at 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.
/s/
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
postage prepaid, or provided by other electronic means this 19th day of March , 2020, to:
Mr. Rick E. Pigg Vice President
12661 North Agri Care Road Oaktown, IN 47561 RPigg@SunriseCoal.com
/s/
Michele Gussie Secretary
cc: Joby Johnson, Director, Indiana Bureau of Mines, Vincennes Univ.
Technology Building, 1002 N. First St. Vincennes, IN 47591 jojohnson_ @dol.gov