.
BIRCHFIELD MINING, INC.
January 30, 1995
WEVA 91-345-R


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                           January 30, 1995

BIRCHFIELD MINING, INC.,         :  CONTEST PROCEEDING
                  Contestant     :
                                 :
           v.                    :  Docket No. WEVA 91-345-R
                                 :  Order No. 3751389; 3/14/91
SECRETARY OF LABOR,              :
  MINE SAFETY AND HEALTH         :  Mine No. 1
  ADMINISTRATION (MSHA),         :
                  Petitioner,    :
                                 :
SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION  (MSHA),        :  Docket No. WEVA 91-2076
                  Petitioner     :  A.C. No. 46-07273-03558
                                 :
           v.                    :  Mine No. 1
BIRCHFIELD MINING, INC.,         :
                  Respondent     :

                               DECISION

Appearances:  David J. Hardy, Esq., Jackson & Kelly, Charleston,
              West Virginia, for Contestant;
              Patrick L. DePace, Esq., Office of  the Solicitor,
              U.S.   Department   of   Labor,   for  Petitioner,
              Arlington, Virginia.

Before:  Judge Fauver

     These cases involve a § 104(d)(1) order under the Federal
Mine Safety and Health Act of 1977, 30 U.S.C. § et seq.

     At the hearing the parties moved for approval of a
settlement.

     Having considered the reasons and documentation submitted, I
conclude that the settlement  is  consistent with the purposes of
the Act.  Accordingly, the motion is GRANTED.

                                        ORDER

     WHEREFORE  IT IS ORDERED that the  motion  for  approval  of
settlement is GRANTED  and  Respondent  shall  pay  the  approved
penalty  of  $800.00 within 30 days of this decision.  Upon  such
payment the cases are dismissed.


                                         William Fauver
                                         Administrative Law Judge


Distribution:

David J. Hardy, Esq., Jackson & Kelly, P.O. Box 553, Charleston,
WV 25344 (Certified Mail)

Patrick L. Depace, Esq., Office of the Solicitor, U.S. Department
of Labor, 4015 Wilson Blvd., Suite 516, Arlington, VA 22203
(Certified Mail)

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