Petition - Docket No. M-2014-020-M

JAN 15 2020
In The Matter of:                                          Petition for Modification
Nevada Gold Mines, LLC
A1turo Mine
ID No. 26-02767

Docket Number                 30 CFR                 Granted               Finalized
_____________________________________________________________________________
M-2014-020-M                56.6309(b)             July 13, 2015      August 12, 2015

PROPOSED DECISION AND ORDER TO REVOKE

On November 27, 2019, MSHA headquarters received a memorandum from the Western District office requesting revocation of petition M-2014-020-M at the Arturo Mine based on the following facts:

1. Nevada Gold Mines, LLC requested petition M-97-02-M at the Goldstrike Mine be revoked on October 15, 2019, as it is does not intend to use recycled waste oil to prepare ANFO.

2. Petition M-2014-020-M at the Arturo Mine previously allowed the use of recycled waste oil processed at the Goldstrike Mine and hauled the five miles from Goldstrike Mine to Arturo Mine where the recycled waste oil was used to prepare ANFO.

3. Nevada Gold Mines, LLC advised MSHA on November 14, 2019, that it does not oppose revocation of both petitions M-2014-020-M and M-97-02-M.

4. Petition M-97-02-M is being revoked concurrently.

Based on these facts, the modification is no longer needed at the Arturo 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 modification as it applies to the referenced mine is hereby:

REVOKED.

Pursuant to 30 C.F.R. § 44.52, revocation of the granted modification 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 paiiy to this action desiring a hearing on this matter must file in accordance with. 30 C.F.R. § 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, Arlington, Virginia 22202-5450.

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 paiiy 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/
Timothy R. Watkins
Administrator for
Mine Safety and Health Enforcement

Certificate of Service
I hereby certify that a copy of this Proposed Decision and Order to Revoke was served personally or mailed, postage prepaid, this 15th day of January, 2020, to:

Nevada Gold Mines, LLC
Arturo Mine
1655 Mountain City Highway Elko,
Nevada 89801
Margaret S. Lopez, Esq.

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Suite 1000
1909 K Street,
NW Washington, D.C. 20006

/s/
Donald Vickers
Mine Safety and Health Specialist