8/30/2021
In the matter of: Petition for Modification
Haile Gold Mine Inc.
Haile Gold Mine
I.D. No.: 38-00600
Docket No. 30 CFR Standard PFM Filed PFM Withdraw Request
M-2021-001-M 49.2(c) April 16, 2021 August 26, 2021
PROPOSED ORDER OF DISMISSAL
On April 16, 2021, Haile Gold Mine Inc. 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 applications of 30 C.F.R. § 49.2(c) to the Petitioner's Haile Gold Mine located in Lancaster County, South Carolina. The petitioner was requesting a modification of this standard to allow miners to obtain the required one year of underground mining experience while developing the slope underground to be eligible to participate on a mine rescue team.
On August 26, 2021, the Birmingham District Manager received a letter from Ms. Mary Koerner, Health and Safety Superintendent for Oceana Gold Corporation – Haile Gold Mine requesting that the petition for modification Docket M-2021-001-M be withdrawn. Therefore, the petition for modification is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement 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 Mine Safety and Health Enforcement, 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.
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 was served personally or mailed, postage prepaid, or provided by other electronic means this 30th day of August, 2021, to:
Ms. Mary Koerner
Health and Safety Superintendent
Oceana Gold – Haile Gold Mine
6911 Snowy Owl Road
PO Box 128,
Kershaw, SC 29067
Mary.Koerner@oceanagold.com
David E. Dubberly
Darra James
Coleman Nexsen
Pruet, LLC
1230 Main Street, Suite 700 (29201)
Columbia, SC 29202
DDubberly@nexsenpruet.com DColeman@nexsenpruet.com
Don Braenovich
Mine Safety and Health Specialist
cc: Mr. Joe Koon, Mining Section Manager Central Office Staff: 2600 Bull Street, Columbia, SC 29201
koonjm@dhec.sc.gov