September 29, 2023
In the matter of Petition for Modification
Bunker Hill Mining Corp
Bunker Hill Mine
MSHA ID No. 10-00083 Docket No. M-2023-001-M
PROPOSED ORDER OF DISMISSAL
On February 28, 2023,Bunker Hill MiningCorp filed a petition pursuantto 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. sec. 811(c), and 30 Code of Federal Regulations (30 CFR) § 44.10 et seq., for modification of the application of mandatory safety standard
30 CFR § 57.11052(d) at the Bunker Hill Mine. BunkerHill Mining Corp and SilverValley Metals Corp. are the controller and the operator, respectively, of the Bunker Hill Mine.
30 CFR § 57.11052(d) states, in part, that underground refuge areas shall be provided with compressed air lines, waterlines, suitable hand tools, and stopping materials. The petitioner proposed a modification of the standard to allow the mine to use the internal air supply of the underground refuge chamber located at 9 level, in lieu of using a compressed air line to provide air for that refuge chamber, and also to provide commercially purchased water in sealed bottles in lieu of a waterline in the same refuge chamber.
On September 18, 2023, Mr. Alan Longley, Health and Safety Manager for the Bunker Hill Mine, sent an email to Mr. Brad Breland, Acting District Manager for the Mine Safety and Health Administration’s DenverDistrict, requesting that Bunker Hill Mining Corp’spetition for modification be withdrawn.
Wherefore, pursuantto the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Bunker Hill Mining Corp’s Petition for Modification of 30 CFR § 57.11052(d) at the Bunker Hill Mine is hereby:
DISMISSED
Any party to this action desiringa hearing on this mattermust file in accordance with
30 CFR § 44.14,within 30 days,a request with the Administrator for Mine Safetyand Health Enforcement, 201 12th Street South, Arlington, Virginia 22202-5452.
If a hearing is requested, the request shall contain a concisesummary of positionon 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 requestfor a hearing is filed within 30 days after service thereof,the Order of Dismissal will become final.
Brian Goepfert
Administrator for
Mine Safety and Health Enforcement
Certificate of Service
I hereby certify that a copy of this proposeddecision was servedpersonally or mailed,postage prepaid, or provided by other electronic means this 29th day of September 2023, to:
Mr. Alan Longley, Healthand Safety Manager Mr. Thomas Francis, General Manager Bunker Hill Mine1 Mine Road Kellogg, Idaho 83837 Alan.Longley@bunkerhillmining.com Tom.Francis@bunkerhillmining.com
L. HarveyKirk III, CSP
Sr. Mine Safety and Health Specialist