AUG 03 2019
In the matter of: Petition for Modification
Blackjewel L.L.C.
D-31 Cut Through
I.D. No.: 44-06782
Docket No. 30 CFR Standard PFM Request MSHA Investigation
M-2019-017-C 75.1108(c) March 4, 2019 July 19, 2019
PROPOSED ORDER OF DISMISSAL
On March 4, 2019, Blackjewel L.L.C. filed a petition for modification pursuant to 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 811(c), and 30
C.F.R. § 44 et seq., for the modification of the application of 30 C.F.R. § 75.1108(c) to the Petitioner 1s D-31 Cut Through mine located in Lee County, Virginia.
On July 19, 2019, MSHA attempted to conduct an investigation of the petition for modification and discovered that Blackjewel L.L.C. had filed for bankruptcy to reorganize with the intent to resume production. On August 12, 2019 MSHA became aware that Kopper Glo Mining LLC purchased the D-31 Cut Through mine located in Lee County Virginia. The mine has been in non-producing status since March 1, 2006 and only employs two people. Therefore, the mining conditions at the mine have changed and the petition for modification is no longer needed.
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 modification as it applies to the referenced mine is 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, 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 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 3rd day of
September , 2019, to:
Mr. Joe Jacobs PO Box 249
Stanville, KY 41659
Joe.jacobs@blackjewel.us
/s/
Kim Picott-Wagner
Secretary
cc: Mr. Marshall R. Moore, Chief Mine Inspector 3405 Mountain Empire Rd.
P.O. Drawer 900, Big Stone Gap, VA 24219 Dmlnfo@dmme.virginia.gov.