07/25/2023
In the matter of Petition for Modification River View Coal LLC
(formerly UC Mining, LLC) Henderson County Mine
I.D. No. 15-02709 Docket No. M-2022-020-C
PROPOSED ORDER OF DISMISSAL
On August 26, 2022, UC Mining, 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. § 77.1914(a) to the Petitioner's Henderson County Mine, located in Union County, Kentucky.
On July 19, 2023, MSHA receivedan email from Brendan Mackellar, engineer for River View Coal LLC requesting the petition be withdrawn. 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, River View Coal LLC’s Petition for Modification of 30 C.F.R. § 77.1914(a) to its Henderson County 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 Orderwill become finaland must be posted by the operatoron the mine bulletin board at the mine.
Brian Goepfert,
Administrator for
Mine Safetyand Health Enforcement
Certificate of Service
I hereby certifythat a copy of this proposed decisionwas served personally or mailed, postage prepaid, or provided by other electronic means this 25th day of July, 2023, to:
Mr. Brendan Mackellar Engineer
River View Coal LLC 835 St. Route 1179
Waverly,KY, 42462
Brendan.MacKellar@arlp.com
Don Braenovich
Mine Safety and Health Specialist
cc: Tim Fugate, Divisions Director, Division of Mine Safety, 300 Sower Boulevard
P.O. Box 2244, Frankfort, KY 40601 tim.fugate@ky.gov