02/18/2025
In the matter of Petition for Modification
Rockwell Mining LLC
Gateway Eagle Mine
I.D. No. 46-06618 Docket No. M-2024-075-C
PROPOSED ORDER OF DISMISSAL
On October 15, 2024, Rockwell Mining 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 C.F.R. Part 44. The petitioner sought a modification of mandatory safety standard 30 C.F.R. § 75.1002(a), at Gateway Eagle Mine, located in Boone County, West Virginia.
On February 14, 2025, the petitioner, through correspondence with the MSHA Pineville District Office, requested that the petition for modification be withdrawn.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, Rockwell Mining LLC’s Petition for Modification of 30 C.F.R. § 75.1002(a) at its Gateway Eagle 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, Arlington, Virginia 22202-5452.
If a hearing is requested, the request shall contain a concise summary of the position concerning 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 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 order of dismissal was served personally or mailed, postage prepaid, or provided by other electronic means this 18th day of February 2025, to:
Rex Osborne Safety Manager
Rockwell Mining LLC
54912 Pond Fork Road
Wharton, WV 25208
kosborne@blackhawkmining.com
Timothy Brown Assistant Safety Manager
Rockwell Mining LLC
54912 Pond Fork Road
Wharton, WV 25208
tim.brown@blackhawkmining.com
Robert Cash
Miners Representative
203 P.D. Fork Road
Foster, WV 25081
robertcash69@icloud.com
Caitlin V. Strong
Mine Safety and Health Specialist
cc: Mr. Frank Foster, Director, Office of Miners’ Health Safety & Training, #7 Players Club Dr. Suite 2, Charleston, WV 25311; Frank.G.Foster@wv.gov