Petition Docket No. M-2022-008-C

6/6/2022

In the matter of:                 Petition for Modification Panther
Creek Mining LLC
Sycamore Surface Mine
I.D. No. 46-07058                 Docket No. M-2022-008-C

PROPOSED ORDER OF DISMISSAL

On May 10, 2022, a petition was filed by Panther Creek Mining LLC, seeking a modification of the application of 30 CFR

§ 75.1700 to the Petitioner's Sycamore Surface Mine, located in Fayette County, West Virginia. The Petitioner alleged that the alternate method proposed in the petition would at all times provide the same degree of safety as the existing standard.

On May 20, 2002, the Sycamore Surface Mine (formerly known as the Huffman Surface Mine No. 1) was initially placed in non- producing status and classified as a coal surface mine.

Currently the surface mine is in active status. The petitioner filed a petition for modification seeking to modify § 75.1700 to plug and mine through gas wells. This § 75.1700 applies to underground coal mines and is not applicable to surface coal mines.

Wherefore, 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., Sec. 811(c), it is ordered that Panther Creek Mining LLC’s Petition for Modification of the application of 30 CFR § 75.1700 for the Sycamore Surface 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, 201 12th Street South, 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 shall 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.

Stephen J. Gigliotti Chief, Safety Division 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 6^th day of June, 2022, to:

Mr. Michael Proctor Engineering Consu1tant
New River Engineering, Inc.
202 School Drive Shrewsbury, WV 25015 mproctor@ssnrei.com