.
MAPLE MEADOW MINING COMPANY
February 1, 1996
WEVA 95-219


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                           February 1, 1996


SECRETARY OF LABOR,              :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. WEVA 95-219
               Petitioner        :  A. C. No. 46-03374-03837
                                 :
          v.                     :
                                 :  Maple Meadow Mine
MAPLE MEADOW MINING COMPANY,     :
               Respondent        :

                  DECISION APPROVING SETTLEMENT

Appearances:  Caryl L. Casden, Esq., Office of the Solicitor,
              U. S. Department of Labor, Arlington, Virginia,
              for the Secretary;
              John Bonham, Esq., Jackson & Kelly, Charleston,
              West Virginia, for Respondent.

Before:  Judge Maurer

     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 the hearing, the parties proposed a settlement wherein
section 104(d)(1) Citation No. 3964584 would be modified to a 
section 104(a) citation and the penalty reduced from $600 to 
$200.  Also with regard to the negligence factor on that citation 
which was originally marked as "high," the proposal is that it 
be changed to "moderate."  With regard to section 104(d)(1) Order
No. 3964585, it would be modified to a section 104(d)(1) citation
and the proposed penalty of $1800 would be reduced to $900. Also
with regard to the gravity assessment, which was originally marked
as "highly likely," the proposal is that it be changed to
"reasonably likely."

     I have considered the representations and documentation
submitted in this case, and I conclude that the proffered settlement
is appropriate 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 $1100 within 
30 days of this decision.  Upon payment in full, this case IS 
DISMISSED.


                                 Roy J. Maurer
                                 Administrative Law Judge

Distribution:

Caryl L. Casden, Esq.,
Office of the  Solicitor,
U. S. Department of Labor,
4015 Wilson Boulevard, Suite 516,
Arlington, VA 22203

John Bonham, Esq., Jackson & Kelly,
P. O. Box 553,
Charleston, WV 25322

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