FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
               OFFICE OF ADMINISTRATIVE LAW JUDGES
            601 New Jersey Avenue, N.W., Suite 9500  
                     Washington, D.C.  20001
                                 
                         December 3, 2002

SECRETARY OF LABOR,                :    CIVIL PENALTY PROCEEDINGS
   MINE SAFETY AND HEALTH               :
   ADMINISTRATION (MSHA),               :    Docket No. WEST 2002-224-M
                      Petitioner             :    A. C. No. 04-01299-05542
          v.                       :
                                   :    Docket No. WEST 2002-225-M
ORIGINAL SIXTEEN TO ONE MINE,           :    A. C. No. 04-01299-05543
   INCORPORATED,                   :
               Respondent               :    Sixteen To One Mine

                             DECISION

Appearances:   Matthew Vadnal, Esq., Office of the Solicitor, U.S. Department of Labor,
          San Francisco, California, on behalf of Petitioner;
          Michael Miller, President, Original Sixteen to One Mine, Inc., 
          Alleghany, California, on behalf of Respondent.

Before:   Judge Melick

     These cases are before me upon petitions for assessment of civil penalty under Section
105(d) of the Federal Mine Safety and Health Act of 1977 (the Act).  Citations No. 7992100 and
7987759 have been severed from Docket No. WEST 2002-224-M and consolidated with Docket
No. WEST 2002-224-M(A).

     At hearings the Secretary vacated Citations No. 7992098, 7996613 and 7992158 and
proposed to settle the remaining citations.  Modification of certain citations and a reduction in
penalty to $852.00, were proposed.  I have considered the representations and documentation
submitted in this case and I conclude that the proffered settlement is acceptable under the criteria
set forth in Section 110(i) of the Act.

     WHEREFORE, the motion for approval of settlement is GRANTED, and it is
ORDERED that Respondent pay a penalty of $852.00, within 40 days of this order.



                                   
                              Gary Melick
                              Administrative Law Judge
                              (202) 434-9977

Distribution: (Certified Mail)

Matthew Vadnal, Esq., Office of the Solicitor, U.S. Department of Labor, 71 Stevenson St., Suite
1110, San Francisco, CA 94105

Michael M. Miller, President, Original Sixteen to One Mine, Inc., P.O. Box 909, 527 Miners St.,
Alleghany, CA 95910

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