12/12/2023
In the matter of: Petition for Modification
American Mine Services Joliet MI, LLC
I.D. No. 11-03153 Docket No. M-2022-001-M
PROPOSED ORDER OF DISMISSAL
On December 27, 2021, American Mine Services (AMS), 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. § 44 et seq., for the modification of the application of 30 C.F.R. § 49.6(a)(1). The Joliet Mine – 1955 Patterson Rd. Joliet, IL 50436, I.D. No 11-03153, currently operated by American Mine Services LLC.
On October 16, 2023, MSHA received an email from Evan Willeke, President of American Mine Service, LLC requesting the petition be withdrawn. This contractor is no longer mining at the Joliet Mine and as a result, the petition is no longer needed and should be dismissed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, American Mine Services, LLC’s Petition for Modification of 30 C.F.R. § 49.6(a)(1) to its Joliet 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, Suite 401, Arlington, Virginia 22202- 5452. 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 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 and must be posted by the operator on the mine bulletin board at the mine.
Brian Goepfert,
Administrator for
Mine Safety and HealthEnforcement
Certificate of Service
I herebycertify that a copy of this proposeddecision was served personally or mailed, postage prepaid, or provided by other electronic means this 12th day of December 2023, to:
Mr. Evan Willke, President American Mine Services LLC11808 Highway 93 Boulder,CO 80303 Evan Willeke
ewilleke@americanmineservices.com
Vernus W. Sturgill
Mine Safety and Health Specialist
cc: BrandonNeal, Mine SafetyProgram Director, Divisionof Reclamation; Miningand Safety, Mine Safety Training Program;1313 Sherman Street, Room 215, Denver, CO 80203; brandon.neal@state.co.us
Ronnie Huff, Director, Officeof Mines and Minerals; IllinoisDept. of NaturalResources, One Natural Resources Way, Springfield, IL 62702-1271; ronnie.huff@illinois.gov
MCS: V. Sturgill: 10/16/2023, standard dismissal language. W:\Enforcement\Safety\Petitions\ M-2022-001-M