9/11/2024
In the matter of Petition for Modification
Marfork Coal Company, LLC
Black Eagle Mine
I.D. No. 46-09550 Docket No. M-2024-002-C
PROPOSED ORDER OF DISMISSAL
On December 26, 2023, Marfork Coal Company, LLC filed a petition pursuant to Section 101(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §811(c) and 30 CFR part 44. The petitioner sought a modification of the application of mandatory safety standard 30 CFR § 75.312(c).
On September 9, 2024, the petitioner, through correspondence with the MSHA Beckley district office, requested that the petition for modification be withdrawn. The Black Eagle Mine no longer wishes to pursue this petition. Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Marfork Coal Company, LLC’s Petition for Modification M-2024-002-C of 30 CFR § 75.312(c) 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 Coal Mine Safety and Health, 201 12th Street South, Arlington, Virginia 22202-5452.
If a hearing is requested, the request shall contain a concise summary of the 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 Order to Dismiss will become final.
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 paid, or provided by other electronic means this 11th day of
September,2024 to:
Mitchell Kalos, P.E.
Chief Engineer
Marfork Coal Company, LLC
P.O. Box 457
Whitesville, WV 25209
mkalos@alphametresources.com
9/11/2024
Robert S. Roark
Mine Safety and Health Specialist
cc: McKennis Browning, Acting Director, Office of Miners' Health Safety & Training #7 Players Club Dr. Suite 2, Charleston WV 25311 McKennis.P.Browning@wv.gov