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Petition - Docket No. M-2020-001-C

In the matter of:                                                                      Petition for Modification

Warrior Met Coal Mining, LLC

No 7 Mine       I.D. No. 01-01401

No 4 Mine       I.D. No. 01-01247                                         Docket No. M-2020-001-C

PROPOSED DECISION AND ORDER

On November 6, 2019, Warrior Met Coal Mining, LLC filed a petition seeking an amendment and modification of the application of 30 Code of Federal Regulations (30 C.F.R.) § 75.1911 to Petitioner’s No 7 and No 4 Mine respectively located in Jefferson County and Tuscaloosa County, AL. The proposed fire suppression system was never installed and additional information requested by MSHA was never received from the mine operator; therefore, the investigation of this petition for modification could not be conducted. On October 29, 2020, Mine Safety and Health Enforcement Chief of Safety received notice from the petitioner requesting that the above-noted Petition for Modification be withdrawn.

Therefore, 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 and Health Act of 1977, 30 U.S.C. § 811(c), it is ordered that Warrior Met Coal Mining, LLC’s Petition for Modification of the application of 30 C.F.R. § 75.1911 in the No 7 and No 4 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.

If a hearing is requested, the request shall contain a concise summary of 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 the 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 Decision and Order will become final.

                /s/                     

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 and Order was served personally or mailed, postage prepaid, or provided by other electronic means this        30th        day of                          October                      , 2020, to:

Michael Peelish, Esq. Counsel for Warrior Met Coal

Adele L. Abrams, Esq., CMSP Law Office of Adele Abrams P.C. 4740 Corridor Place

Suite D

Beltsville, MD 20705 mpeelish@aabramslaw.com

Barry Kimbrell

Mine Manager No 7 Mine 4795 Sealy Ann Mountain Rd.

Adger, AL 35006 barry.kimbrell@warriormetcoal.com

Renea Aldridge, No 7 Mine Miner’s Representative

155 Worthington, Dr.

Woodstock AL 35188

David Cooper, No 4 Mine Miner’s Representative 16553 Duddley Rd.

Vance, AL 35490

Christopher Thielen

Mine Manager No 4 Mine 14730 Lock 17 Rd.

Brookwood, AL 35444 chris.thielen@warriormetcoal.com

                      /s/                                       

Rodney Adamson

Mine Safety and Health Enforcement Specialist

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