3/21/2024
In the matter of: Petition for Modification
Rosebud Mining Company
Coral-Graceton
I.D. No. 36-09595 Docket No. M-2023-001-C
PROPOSED ORDER OF DISMISSAL
On December 6th, 2022, Rosebud Mining Company requested a Petition For Modification of Application of Mandatory Standard to clean out and prepare oil and gas wells prior to plugging or re-plugging, plugging or re-plugging oil or gas wells to the surface, plugging or re-plugging oil or gas wells for use as degasification boreholes, alternatives for preparing and plugging or re- plugging oil and gas wells, and mine through plugged or re-plugged oil or gas wells (30 C.F.R Part 75.1700) at the Coral-Graceton mine (3609595).
An investigation was initiated on May 8th, 2023, in response to a Petition for Modification filed on December 6, 2022, with the Assistant Secretary of Labor for Mine Safety and Health, by Rosebud Mining Company.
The Coral-Graceton mine was opened into the Lower Kittanning coal seam through three slopes. Coal was produced from one underground section using a continuous mining machine and a continuous haulage system. As per a letter from Mr. Ben Stock dated March 20th, 2024, the mine was put into abandoned status, rendering the Petition for Modification request moot.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Rosebud Mining Company, Petition for Modification of 30
C.F.R. § 75.1700 to its Coral-Graceton 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 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 21st day of March 2024, to:
Sam Baker Mining Engineer
Rosebud Mining Company
301 Market Street
Kittanning, PA 16201
Sam.Baker@rosebudmining.com
Benjamin E. Stock, Esq. Attorney for
Rosebud Mining Company
301 Market Street
Kittanning, PA 16201
Ben.stock@rosebudmining.com
Vernus W. Sturgill
Mine Safety and Health Administration
cc: Mr. Richard A. Wagner, P.E., Director, Bureau of Mine Safety PA Dept. of Environmental Protection, P.O. Box 133, 131 Broadview Road, New Stanton, PA 15672 rwagner@pa.gov