Mining Incidents

Birch River Surface Mine No. 1 Coal

Controlled by Matthew Ashley
Calvin, Nicholas County, WV  ·  Active
MSHA Mine ID: 4608675

Birch River Surface Mine No. 1 has $48K in proposed MSHA penalties and $24K outstanding across 2 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Birch River Surface Mine No. 1.

Fatalities
0
Total incidents
6
Years on record
2007–2012
Latest incident
Apr 2012
Compliance record
MSHA citations since 2006
68
citations
30
significant & substantial
$48,208
proposed penalties
$18,820
paid to date
39% of proposed penalties paid to date, a $29,388 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
55
inspections on record
1,385
inspection hours
4.9
citations per 100 inspection hours
This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
68 citations across 1,385 inspection hours.
Source: MSHA inspections data, updated weekly.

Birch River Surface Mine No. 1 has $48K in proposed MSHA penalties and $24K outstanding across 2 contested dockets.

Penalty disposition
Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$48K
proposed penalties
$43K
current assessed
$19K
paid to date
$24K
outstanding
67 assessments are final orders; 2 contested dockets.
As of the most recent assessment on 2025-09-18.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.

MSHA sampling at Birch River Surface Mine No. 1 shows respirable coal dust averaging 0.09 mg/m3 (100% compliant) across 99 samples.

Health sampling
A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.
Respirable coal dust
Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
0.09
dust avg (mg/m3)
0.68
dust max (mg/m3)
100%
within 1.5 mg/m3
99
samples
Most recent sample: 2026-03-24.
Silica (quartz)
19.7
silica avg (%)
28.6
silica max (%)
3
samples
Most recent sample: 2026-03-31.
Noise
0%
over PEL
41
samples
Most recent sample: 2026-03-18.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Quarterly safety rates
Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q4 4,162 0 0 0.0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 90 0 0 0.0
2014 Q3 859 0 0 0.0
2014 Q2 684 0 0 0.0
Show 36 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2014 Q1 1,252 0 0 0.0
2013 Q4 1,120 0 0 0.0
2013 Q3 1,216 0 0 0.0
2013 Q2 1,671 0 0 0.0
2013 Q1 1,215 0 0 0.0
2012 Q4 2,804 0 0 0.0
2012 Q3 2,773 0 0 0.0
2012 Q2 16,036 2 1 124.7
2012 Q1 36,451 6 3 164.6
2011 Q4 34,959 0 0 0.0
2011 Q3 36,558 1 0 27.4
2011 Q2 37,562 0 0 0.0
2011 Q1 39,231 4 2 102.0
2010 Q4 37,196 0 0 0.0
2010 Q3 37,359 4 2 107.1
2010 Q2 35,082 6 5 171.0
2010 Q1 33,992 5 2 147.1
2009 Q4 32,753 0 0 0.0
2009 Q3 38,130 0 0 0.0
2009 Q2 33,180 5 3 150.7
2009 Q1 30,294 0 0 0.0
2008 Q4 28,323 4 3 141.2
2008 Q3 26,438 0 0 0.0
2008 Q2 25,214 7 5 277.6
2008 Q1 22,769 0 0 0.0
2007 Q4 26,008 5 0 192.2
2007 Q3 23,239 0 0 0.0
2007 Q2 23,296 3 1 128.8
2007 Q1 18,577 0 0 0.0
2006 Q4 29,834 1 1 33.5
2006 Q3 21,905 0 0 0.0
2006 Q1 2,645 0 0 0.0
2000 Q4 0 0 0
2000 Q3 0 0 0
2000 Q2 0 0 0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

6 on file

2012 · 1 incident

April 18, 2012 WV · Coal FIRE
Atlantic Leaseco, LLC · Accident type, without injuries

Operator was pushing spoil on Cut 5 in the C pit when he noticed smoke coming out of the engine comp. He then seen flames and exited the machine. EE attempted to retrieve the fire extinguisher at which time the fire was to hot for him to do so. All agencies and the Fire Dept. were called.

2011 · 1 incident

July 14, 2011 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Atlantic Leaseco, LLC · Struck by... (Not Elsewhere Classified)

EMPLOYEE WAS STEAM CLEANING A RADIATOR OF A DOZER. EMPLOYEE STOPPED TO REPOSITION HIS FOOTING AND THEN ACTIVATED HIS WAND SPRAYING HIMSELF IN THE LEFT THUMB CAUSING A PUNCTURE WOUND. EMPLOYEE WAS TAKEN TO SUMMERSVILLE HOSPITAL AND REFERRED TO CAMC HOSPITAL. HE WAS TAKEN INTO SURGERY TO CLEAN INFECTION OUT OF HIS HAND ON 7/15/2011. EMPLOYEE WAS RELEASED ON 7/18/2011.

2010 · 1 incident

October 18, 2010 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Atlantic Leaseco, LLC · Contact with hot objects or substances

While cutting a pin out of a D10 dozer track, a piece of hot metal popped into employee's ear causing a burn. Employee didn't go to the Dr until 10/21/10 at which time he was given a prescription for medication and returned to work.

2008 · 2 incidents

October 20, 2008 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer EXPLOSIVES AND BREAKING AGENTS
Atlantic Leaseco, LLC · Struck by flying object

Employee was hit with a piece of fly rock while a single hole was being shot. The employee along with 3 other employees were positioned behind a D11 dozer while shot was being shot. The piece of rock measured 4" x 2" and either was a glancing blow or just brushed his back.

March 15, 2008 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Atlantic Leaseco, LLC · Over-exertion (Not Elsewhere Classified)

While getting off D11 dozer, employee put all of his weight on right arm causing a burning feeling and knotted up. Didn't say he slipped, just step down causing all his weight to be pulled against right arm.

2007 · 1 incident

August 15, 2007 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer STRIKING OR BUMPING
Atlantic Leaseco, LLC · Struck against stationary object

The operator left the cab area, walked down the stairway toward the lower compartment of the Hitachi Excavator. He hit his head on a piece of metal causing a cut to his head requiring stitches.

For insurers, brokers, and safety consultants

The full compliance file on Birch River Surface Mine No. 1

A dated report covering the 26-year penalty trail, line-item violation pattern, contest and docket posture, rate-normalized peer benchmark, and full fatality history. Delivered as a PDF with the underlying data as CSV.