8/25/2020
In the matter of: Petition for Modification Peabody Southeast Mining, LLC
Shoal Creek Mine
ID No. 01-02901 Docket No. M-2019-064-C
PROPOSED ORDER OF DISMISSAL
On January 29, 2020, Peabody Southeast Mining, LLC filed a petition 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. Part 44. The Petitioner sought an alternate method of achieving the results of the mandatory safety standard 30 C.F.R. § 75.500(d), at the Shoal Creek Mine located in Walker County, Alabama.
On August, 20 2020, the Chief of Safety for Mine Safety and Health Enforcement received an email from Joshua Boulger, Safety Manager for Peabody Southeast Mining, LLC through Mary Jo Bishop, Assistant District Manager for MSHA’s Birmingham, Alabama District office stating Shoal Creek Mine is no longer pursuing this petition.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Peabody Southeast Mining, LLC’s Petition for Modification of 30 C.F.R. § 75.500(d) at the Shoal Creek Mine is hereby:
DISMISSED.
Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. Part 44 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 22202-5452.
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/
Stephen J. Gigliotti
Chief of Safety for
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 25th day of August , 2020, to:
Mr. Joshua Boulger,
Safety Manager Peabody
Southeast Mining, LLC
Shoal Creek Mine
654 Camp Creek Road
Oakman, AL 35579
jboulger@peabodyenergy.com
Joe C Weldon,
Miner’s Representative
1675 County Road 7
Bremen AL 35033
R. Henry Moore
Fisher & Phillips LLP
Six PPG Place,
Suite 830
Pittsburg, PA 15222
hmoore@fisherphillips.com
/s/
Rodney Adamson
Mine Safety and Health Specialist
8/25/2020
cc: Mr. Leon Herren, Mine Safety and Inspection Supervisor, Alabama Department of Labor, 11 West Oxmoor Road, Ste. 201, Birmingham, AL 35309, Leon.herren@labor.alabama.gov