FEB 19 2019
In the matter of: Petitions for Modification
Rockwell Mining LLC (formerly Brody Mining LLC) Black Stallion UG Mine
I.D. No.: 46-09086
Docket No. 30 CFR Standard PFM Filed UG Mine Abandoned
M-2014-005-C 75.500(d) January 24, 2014 April 24, 2015
M-2014-006-C 75.507-1(a) January 24, 2014 April 24, 2015
M-2014-007-C 75.1002(a) January 24, 2014 April 24, 2015
PROPOSED ORDER OF DISMISSAL
On January 24, 2014, Rockwell Mining LLC (formerly Brody Mining LLC) filed the above-referenced
petitions for modification (PFM) of the applications of §§ 75.500(d), 75.507-1(a) and 75.1002(a) to
allow Rockwell Mining LLC to use non-permissible electronic surveying equipment in or inby the last
open crosscut, in return air, and within 150 feet of pillar workings or longwall faces at the Black
Stallion UG Mine.
On April 24, 2015 Brody Mining LLC abandoned and sealed the shafts and slope openings of the
underground portion of the mine. Blackhawk Mining, LLC the current controller has electrical power
on the surface mine office and mine yard and is utilizing the mine yard and warehouse .
On January 7, 2019, District 4 confirmed that the mining conditions have changed at the Black
Stallion UG Mine, that the underground portion of the mine has been abandoned and sealed.
Therefore, the petitions for modification are no longer needed at the referenced mine.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for
Coal Mine Safety and Health under 30 CFR 44.52(b), and pursuant to section 101(c) of the Federal
Mine Safety and Health Act of 1977, 30 U.S.C. 811(c), the
modifications as they apply to the referenced mine are hereby:
DISMISSED
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, at
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 may
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 Proposed Order of
Dismissal 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 19th day of February ,
2019, to:
Mr. R. Henry Moore Jackson Kelly PLLC
Three Gateway Center,
Suite 1500 401 Liberty Avenue
Pittsburgh, PA 15222
hmoore@jacksonkelly.com
Mr. Ricky D.
Endicott Miner's Representative
PO Box 681
Gilbert, WV 25208
Mr. James E.
Lester Miner's Representative
PO Box 713
Hanover, WV 25208
Mr. James Hutchens
Miner's Representative
PO Box 1297
Coal City, WV 25523
Mr. Thomas E.Jarvis
Miner's Representative
16 Ariel Pointe
Hurricane, WV 25526
/s/
Tammi Carrington
Secretary
cc: Eugene White, Director, Office of Miners' Health Safety & Training, #7 Players Club Dr. Suite 2,
Charleston WV 25311
Eugene.E.White@wv.gov