Petition - Docket No. M-2019-05-M

SEP 19 2019



In The Matter of                                        Petition for Modification

Nevada Gold Mines LLC

Genesis Mine, ID No. 26-00062

South Area Mine, ID No. 26-00500          Docket No. M-2019-05-M



PROPOSED ORDER OF DISMISSAL



On July 5, 2019, Nevada Gold Mines LLC (Nevada Gold), filed a petition pursuant to Section

101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811(c) and 30 C.F.R. §

44. The petitioner seeks a modification of the application of mandatory safety stand d 30 C.F.R.

§ 56.6309(b), at the Nevada Gold's Genesis and South Area Mines, located near Carlin, Nevada.

Nevada Goal Mines LLC seeks a modification of application of 30 C.F.R. § 56.6309(b) to allow

the use of recycled, used waste oil blended with diesel fuel to prepare ammonium-nitrate fuel oil

(ANFO). On September 9, 2019, the Metal and Nonmetal Safety Division received a letter from

the petitioner withdrawing the Petition because at the present time, it does not desire to pursue

approval to use blended oil to prepare ANFO at the Genesis Mine or the South Area Mine. As a

result, the petition is no longer needed.



Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for

Mine Safety and Health Enforcement, Nevada Gold Mines LLC's Petition for Modification of 30

C.F.R. § 56.6309(b) at its Genesis Mine and South Area Mine is hereby:



DISMISSED



Any party 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 position concerning 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 at issue 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 of Dismissal 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 order of dismissal was served personally or mailed, postage prepaid, this 19 day of September , 2019, to:



Nevada Gold Mines LLC

Genesis Mine

South Area Mine

1655 Mountain City Highway Elko,

Nevada 89801



Larry Soper

500 Palace Parkway Spring Creek,

NV 89815



Jacob Martin

327 Country Club Parkway Spring Creek,

NV 89815

Truman Hensley

PO Box 1735

Carlin, NV 89822



Jacob Farley

289 Lower Southfork #7

Spring Creek, NV 89815



Bcc: Donald R. Vickers, District Manager

OSRV

Case-File