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[DOCID: f:lk200098x.wais]

 
SHAMROCK ENTERPRISES
LAKE 2000-98-M
April 24, 2001


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                         April 24, 2001


SECRETARY OF LABOR,            : CIVIL PENALTY PROCEEDING
     MINE SAFETY AND HEALTH    :
     ADMINISTRATION (MSHA),    : Docket No. LAKE 2000-98-M
               Petitioner      : A.C. No. 21-02669-05520
          v.                   :
                               :
SHAMROCK ENTERPRISES,          :
               Respondent      : Crusher 22-25


                  DECISION APPROVING SETTLEMENT

Before: Judge Schroeder

     This  case  is  before me on a Petition by the Secretary for
the  assessment of a Civil  Penalty  for  alleged  violations  of
safety  regulations  under  the  Federal  Mine  Safety  Act.  The
Petition  proposed  a  Civil  Penalty  of  $24,326.00 for alleged
violations of two orders and seven citations  in the operation of
a  sand and gravel facility in Minnesota.  After  receipt  of  an
answer,  I  issued a prehearing order which required an effort at
negotiation.   On  April  17, 2001, the counsel for the Secretary
filed  a Motion to Approve Settlement  and  Dismiss  Proceedings.
The  Motion   represents  that  the  parties  have  negotiated  a
settlement which requires several actions.

     First, the  Respondent  has agreed to pay a Civil Penalty in
the reduced amount of $11,117.00.   Second,  the  Respondent  has
agreed  to  conduct  an  eight-hour  meeting to instruct all mine
personnel  on proper policy and procedure  to  ensure  compliance
with health  and  safety  regulations.  Third, the Respondent has
agreed to instruct equipment operator on specific operational and
inspection issued. Fourth, the Secretary has agreed to vacate two
Orders and one citation.

     The agreement to a reduction in the  Civil  Penalty is based
on a reevaluation by the Secretary of the facts and circumstances
concerning the various orders and citations.  I have reviewed the
record.  I find the settlement agreement is consistent  with  the
penalty criteria in the Federal Mine Safety Act.  I also find the
settlement agreement is in the public interest.  Therefore, it is
ORDERED  that  the  Motion  to  Approve  Settlement  and  Dismiss
Proceeding is granted.  The Respondent is directed to pay a Civil
Penalty  of  $11,117.00  within  30  days  of  this  Order.   The
Respondent is directed to comply with the various undertakings in
the settlement agreement.   The  parties  are  to  bear their own
costs.  Upon receipt of the Civil Penalty directed by this Order,
the Petition is DISMISSED.


                              Irwin Schroeder
                              Administrative Law Judge


Distribution:

Maya  Ewing,  Esq.,  Office of the Solicitor, U.S. Department  of
Labor, 230 S. Dearborn St., 8th Floor, Chicago, IL 60604

Carrol P. Kelley, Secretary,  Shamrock  Enterprises,  6415 Bandel
Road, NW., Rochester, MN 55901

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