In the matter of
G & P Contractors, Inc.
Engle Hollow No. 2 Mine
I.D. No. 15-17778
Docket No. M-96-084-C
Date Issued: 05/28/1997
PROPOSED ORDER OF DISMISSAL
By petition of modification filed on July 9, 1996, Petitioner requesed modification of the application of 30 CFR 75.342 to its Engle Hollow No. 2 Mine.
Information obtained by MSHA during normal inspection procedures confirmed that the subject mine is permanently abandoned and that there are no further plans to re-open the mine. Therefore, the modification is no longer needed.
Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, G & P Contractors, Inc.'s Petition for Modification of 30 CPR.75.342 to its Engle Hollow No. 2 Mine is dismissed without prejudice.
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, 4015 Wilson Boulevard, Arlington, Virginia 22203.
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 bearing, 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.
Robert A. Elam
Deputy Administrator for Coal Mine Safety and Health