01/17/2025
In the matter of Petition for Modification
Wolf Run Mining, LLC
Leer South Mine
I.D. No. 46-04168 Docket No. M-2024-088-C
PROPOSED ORDER OF DISMISSAL
On November 22, 2024, Wolf Run 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 CFR part 44. The petitioner sought a modification of the application of mandatory safety standard 30 CFR § 75.507-1(a).
On January 16, 2025, the petitioner, through correspondence with the MSHA Morgantown district office, requested that the petition for modification be withdrawn. The Leer South 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, Wolf Run Mining, LLC’s Petition for Modification M-2024-088-C of 30 CFR § 75.507-1(a) 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 17th day of January 2025 to:
Jerry Vance John Hawkins
Superintendent Safety Professional
Wolf Run Mining, LLC Wolf Run Mining, LLC
21550 Barbour County Hwy 21550 Barbour County Hwy
Philippi, WV 26416 Philippi, WV 26416
jevance@archrsc.com jhawkins@Archrsc.com
Errol Scott Arnett
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