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[DOCID: f:k95-500.wais]

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LARC COAL, INC.
October 13, 1995
KENT 95-500


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, SUITE 1000
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                           October 13, 1995

SECRETARY OF LABOR,            :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :  Docket No. KENT 95-500
                Petitioner     :  A.C. No. 15-17475-03519
                               :
          v.                   :  Hatchett Mill
LARC COAL, INC.,               :
                Respondent     :

                               DECISION

Appearances:  Thomas Grooms, Esq, Office of the Solicitor, U.S.
              Department of Labor, Nashville, Tennessee for
              Petitioner; W. L. Cook, Vice President, Larc Coal,
              Inc., Madison, West Virginia for Respondent.

Before: Judge Melick

     This case is before me upon a petition for assessment of civil
penalty under Section 105(d) of the Federal Mine Safety and Health
Act of 1977 (the Act).  At hearings Petitioner filed a motion to
approve a settlement agreement.  A reduction in penalty from
$12,500 to $7,500 was proposed.  I have considered the representations
and documentation submitted in this case, including those
representatives made at hearing, 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
$7,500 within 30 days of this order.


                             Gary Melick
                             Administrative Law Judge


Distribution:  Thomas Grooms, Esq., Office of the Solicitor, U.S.
Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville,
TN 37215

J. L. Cook, Vice President, Larc Coal, Inc., 221 Riverside Drive,
Madison, WV 24130

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