.
FIELDING HYDROSEEDING
March 13, 1995
WEVA 94-80


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                            March 13, 1995

SECRETARY OF LABOR,             :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. WEVA 94-80
               Petitioner       :  A.C. No. 46-08122-03502 NFZ
                                :
          v.                    :  Mine Murphy No. 1 Prep Plant
                                :
FIELDING HYDROSEEDING,          :
               Respondent       :

                    DECISION APPROVING SETTLEMENT

Before:  Judge Amchan

This case is before me upon petition for assessment of
civil penalty under section 105(d) of the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. § 801 et seq.  The
Secretary of Labor has filed a motion to approve a settlement
agreement.  The terms of the settlement are that the total
proposed penalties are reduced from $6,000 to $5,000.
Petitioner represents that Respondent has agreed to pay this
amount in an installment payment plan specified in the
settlement agreement.

     I have considered the representations and documentation
submitted and I conclude that the proffered settlement is
consistent with the criteria in section 110(i) of the Act.

                                ORDER

     WHEREFORE IT IS ORDERED that the motion for approval of
settlement is GRANTED and Respondent shall pay the approved
penalties in accordance with the terms of the settlement
agreement.  Upon such payment this case is DISMISSED.


                                 Arthur J. Amchan
                                 Administrative Law Judge


Distribution:

Javier I. Romanach, Esq., Office of the Solicitor, U.S.
Department of Labor, 4015 Wilson Blvd., Suite 516, Arlington,
VA 22203

M. Timothy Koontz, Esq., 242 East Second Ave., P.O. Box 2180,
Williamson, WV 25661

/lh