Petition - Docket No. M-2019-070-C

JAN 27 2020
In the matter of:                                                    Petitions for Modification
Ramaco Resources, LLC
Eagle Seam Deep Mine,
I.D. No. 46-09495
Stonecoal Branch Mine No. 2,
I.D. No. 46-08663 No. 2 Gas,
I.D. No. 46-09541                                               Docket No. 30 CFR Standard

PFM Requested
Withdraw Requested M-2019-070-C M-2019-071-C M-2019-072-C
_____________________________________________________________________________
75.500(d)    December 3, 2019    January 21, 2020
75.500(d)    December 3, 2019    January 21, 2020
75.500(d)    December 3, 2019    January 21, 2020

PROPOSED ORDER OF DISMISSAL

On January 21, 2020, Brad Justice, Vice President of Safety for Ramaco Resources, LLC contacted the Office of Standards, Regulations and Variances (OSRV) and requested that the above petitions for modification be withdrawn due to errors within their plan. The mine operator does not wish to pursue the petitions at this time and will resubmit the petitions for modification at a later date.

MSHA has determined that the modifications are no longer needed at the referenced mines. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, and pursuant to section 101(c) of the Federal Mine Safety Health Act of 1977, 30 U.S.C. 811(c), the modifications as they apply to the referenced mines listed above are hereby:

DISMISSED.

Pursuant to 30 CFR 44.52, revocations of the granted modifications will become final 30 days after service of this Proposed Order of Dismissal, 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 Coal Mine Safety and Health, at 201 12th Street South, 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 Dismiss 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 27th day of January , 2020, to:

Addressee of Record Brad Justice
Vice President of Safety
Ramaco Resources, LLC
1000 Elk Creek Road
Verner, WV 25650
Brad.justice@ramacometc.com

/s/
Michele Gussie Secretary

cc: Eugene White, Director Office of Miners' Health Safety & Training #7 Players Club Dr. Suite 2, Charleston WV 25311
Eugene.E.White@wv.gov