3/15/2021
In the matter of:
Rough Creek Mining, LLC
(formerly Pennyrile Energy LLC) Riveredge Mine
I.D. No. 15-19424
|
Docket No. |
30 CFR Standard |
Granted |
Finalized |
|---|---|---|---|
|
M-2016-036-C |
75.1700 |
06/30/2017 |
07/30/2017 |
PROPOSED DECISION AND ORDER TO REVOKE
MSHA records indicate on November 1, 2019 that the underground workings of the referenced mine have been permanently abandoned and the surface opening(s) to the mine sealed. 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 modification as they apply 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 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 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 15th day of March , 2021, to:
Mr. Kiah Winstead Superintendent
Rough Creek Mining, LLC
1586 Balls Hill Rd
Nebo, KY 42441
Mr. John Parker
Miner’s Representative
P.O. Box 60 Hanson, KY 42413
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