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Days Creek Stockpile: 35 MSHA citations Coal

Holmes Mill, Harlan County, KY  ·  NonProducing
MSHA Mine ID: 1517971

Days Creek Stockpile has $5K in proposed MSHA penalties and $360 outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
1998–2017
Latest incident
Aug 2017
Compliance record
MSHA citations since 2002
35
citations
13
significant & substantial
$4,882
proposed penalties
$4,366
paid to date
89% of proposed penalties paid to date, a $516 gap.
Source: MSHA violations data, updated weekly.
See Bluegrass Natural Resources, LLC's full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
92
inspections on record
1,590
inspection hours
2.2
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.
35 citations across 1,590 inspection hours.
Source: MSHA inspections data, updated weekly.

Days Creek Stockpile has $5K in proposed MSHA penalties and $360 outstanding across 4 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.
$5K
proposed penalties
$5K
current assessed
$4K
paid to date
$360
outstanding
35 assessments are final orders; 4 contested dockets.
Of $1K in penalties contested before the Commission, $969 was upheld in final decisions.
As of the most recent assessment on 2021-10-28.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
ⓘ Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
37.1%
significant & substantial
2.9%
high negligence or reckless
37.1%
reasonably likely or greater
11.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 11.4% low, 85.7% moderate, 2.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
When citations were contested
ⓘ Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
4 citations taken to the federal commission · 11% of citations on record
  • Settled 3 · 75%
  • Stood as issued 1 · 25%
100%
S&S designation survived the contest
ⓘ Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.
of 2 decided S&S contests · industry: 79%
14%
Penalty reduction in decided contests
$808 proposed, $694 after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2019-06-09.
Contested penalties
ⓘ A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.
Largest penalties this mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
KENT 2019-0261 Settlement Manning 2019 $356 → $242
KENT 2010-839 Default Lesnick 2011 $334 → $334
KENT 2003-371 Settlement Zielinski 2004 $317 → $275
KENT 2018-0283 Settlement Feldman 2018 $118 → $118
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Days Creek Stockpile shows 100% of 103 respirable coal dust samples met the 1.5 mg/m3 standard.

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.

Last sampled: 2024-02-14
100%
within 1.5 mg/m3
103
samples
0.61
dust max (mg/m3)
0
over MSHA ECV
ⓘ The excessive concentration value (ECV) is MSHA's own per-sample enforcement threshold, which builds in measurement uncertainty; a sample over its ECV can trigger a citation. The count covers only samples MSHA assigned an ECV.
64 samples taken by MSHA inspectors, 39 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR86
  • WEIGHMAN5
  • ELECTRICIAN3

Silica (quartz)

Last sampled: 2023-12-28
5.6
silica avg (%)
4
samples
6.6
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR4
See US coal mines ranked by silica in their dust samples.

Noise
ⓘ The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2023-12-18
0%
over PEL
48
samples
Most-sampled occupations
  • BULLDOZER OPERATOR37
  • ELECTRICIAN3
  • WEIGHMAN3
See US mines ranked by noise samples over the legal limit.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Health sampling trend
ⓘ 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 by year
ⓘ 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.
Year within 1.5 mg/m3 samples
2024 100% 1
2023 100% 6
2022 100% 7
2021 100% 6
2020 100% 2
2019 100% 5
2018 100% 6
2017 100% 6
2016 100% 6
2015 100% 6
2014 100% 3
2013 100% 4
2012 100% 3
2011 100% 2
2010 100% 3
2009 100% 2
2008 100% 2
2007 100% 2
2006 100% 1
2005 100% 2
2004 100% 2
2003 100% 6
2002 100% 7
2001 100% 2
2000 100% 11
Silica (quartz) by year
Year silica avg (%) samples
2023 4.3 1
2021 6.4 1
2016 5.0 1
2015 6.6 1
Noise by year
Year over PEL samples
2023 0% 2
2022 0% 3
2021 0% 2
2020 0% 1
2019 0% 2
2018 0% 1
2017 0% 2
2016 0% 2
2015 0% 1
2014 0% 2
2013 0% 3
2012 0% 3
2011 0% 1
2010 0% 3
2009 0% 2
2008 0% 2
2007 0% 1
2006 0% 1
2005 0% 1
2004 0% 1
2003 0% 4
2002 0% 4
2000 0% 4
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
  1. Lone Mountain Processing LLC 1996 to 2017
  2. Black Jewel, LLC 2017 to 2019
  3. INMET Mining, LLC. 2019 to 2023
  4. Bluegrass Natural Resources, LLC 2023 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 1
2025 1
2024 2
2023 3
2022 2
2021 3
2020 2
2019 1
2018 0
2017 3
2016 2
2015 6
2014 6
2013 4
2012 4
2011 4
2010 3
2009 3
2008 3
2007 3
2006 3
2005 2
2004 3
2003 3
2002 2
2001 2
2000 2
Source: MSHA quarterly employment and production, updated weekly.

Days Creek Stockpile sits in Harlan County, Kentucky, where the Census mining category is 4.3% of county employment.

Local economic context
ⓘ County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Harlan County, Kentucky · Population 26,185
4.3%
Mining share of county employment
$37,198
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
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
2026 Q2 165 0 0 0.0
2026 Q1 175 0 0 0.0
2025 Q4 180 0 0 0.0
2025 Q3 287 0 0 0.0
2025 Q2 275 0 0 0.0
2025 Q1 297 0 0 0.0
2024 Q4 287 0 0 0.0
2024 Q3 180 0 0 0.0
Show 94 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 366 0 0 0.0
2024 Q1 178 0 0 0.0
2023 Q4 289 0 0 0.0
2023 Q3 287 0 0 0.0
2023 Q2 351 0 0 0.0
2023 Q1 521 0 0 0.0
2022 Q4 30 0 0 0.0
2022 Q3 1,306 0 0 0.0
2022 Q2 1,276 0 0 0.0
2022 Q1 828 0 0 0.0
2021 Q4 1,192 1 0 838.9
2021 Q3 1,634 0 0 0.0
2021 Q2 1,606 0 0 0.0
2021 Q1 1,065 0 0 0.0
2020 Q4 991 0 0 0.0
2020 Q3 21 0 0 0.0
2020 Q2 21 0 0 0.0
2020 Q1 1,045 0 0 0.0
2019 Q4 964 0 0 0.0
2019 Q3 0 0 0
2019 Q1 0 2 1
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2017 Q2 1,943 0 0 0.0
2017 Q1 2,011 1 0 497.3
2016 Q4 1,763 0 0 0.0
2016 Q3 2,410 0 0 0.0
2016 Q2 2,322 0 0 0.0
2016 Q1 0 1 0
2015 Q4 2,280 0 0 0.0
2015 Q3 3,496 0 0 0.0
2015 Q2 3,982 0 0 0.0
2015 Q1 4,209 0 0 0.0
2014 Q4 3,405 1 0 293.7
2014 Q3 3,940 1 1 253.8
2014 Q2 3,889 0 0 0.0
2014 Q1 3,543 0 0 0.0
2013 Q4 2,228 2 2 897.7
2013 Q3 2,472 0 0 0.0
2013 Q2 2,653 0 0 0.0
2013 Q1 2,681 0 0 0.0
2012 Q4 2,176 0 0 0.0
2012 Q3 2,201 0 0 0.0
2012 Q2 2,390 0 0 0.0
2012 Q1 2,714 0 0 0.0
2011 Q4 2,382 0 0 0.0
2011 Q3 2,572 0 0 0.0
2011 Q2 2,668 0 0 0.0
2011 Q1 2,511 0 0 0.0
2010 Q4 2,015 0 0 0.0
2010 Q3 2,162 0 0 0.0
2010 Q2 1,878 0 0 0.0
2010 Q1 1,507 1 1 663.6
2009 Q4 1,810 0 0 0.0
2009 Q3 1,867 0 0 0.0
2009 Q2 1,604 0 0 0.0
2009 Q1 1,856 0 0 0.0
2008 Q4 1,598 0 0 0.0
2008 Q3 1,825 0 0 0.0
2008 Q2 2,069 0 0 0.0
2008 Q1 2,105 4 1 1900.2
2007 Q4 1,726 0 0 0.0
2007 Q3 1,871 0 0 0.0
2007 Q2 1,939 0 0 0.0
2007 Q1 2,024 0 0 0.0
2006 Q4 1,737 0 0 0.0
2006 Q3 1,967 0 0 0.0
2006 Q2 2,003 0 0 0.0
2006 Q1 1,409 0 0 0.0
2005 Q4 1,221 0 0 0.0
2005 Q3 1,304 0 0 0.0
2005 Q2 1,410 2 0 1418.4
2005 Q1 1,363 0 0 0.0
2004 Q4 1,331 0 0 0.0
2004 Q3 1,892 0 0 0.0
2004 Q2 1,995 0 0 0.0
2004 Q1 2,054 1 0 486.9
2003 Q4 1,782 0 0 0.0
2003 Q3 1,736 0 0 0.0
2003 Q2 1,773 0 0 0.0
2003 Q1 1,361 6 0 4408.5
2002 Q4 1,184 0 0 0.0
2002 Q3 1,232 1 0 811.7
2002 Q2 1,292 0 0 0.0
2002 Q1 1,101 0 0 0.0
2001 Q4 1,131 0 0 0.0
2001 Q3 518 0 0 0.0
2001 Q2 604 0 0 0.0
2001 Q1 1,102 0 0 0.0
2000 Q4 1,083 0 0 0.0
2000 Q3 1,081 0 0 0.0
2000 Q2 1,171 0 0 0.0
2000 Q1 1,180 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2017 · 1 incident

August 25, 2017 KY · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator ALL OTHER OCCUPATIONAL ILLNESSES
Lone Mountain Processing LLC · (Not Elsewhere Classified)

Employee has suffered from back pain over time which has been worsening. On this date the employee sought medical attention and was diagnosed with degenerative disc disease.

2001 · 1 incident

June 15, 2001 KY · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Lone Mountain Processing LLC · Struck against a moving object

HE WAS PUSHING COAL TO A RAW COAL FEEDER WTH A DOZER. HE TURNED THE DOZER AND CHANGED DIRECTION AND THE DOZER DROPPED SUDDENLY OFF SOME LOOSE COAL. THE IMPACT STRAINED HIS NECK. HE BEGAN MISSI NG WORK ON 7-30-01.

1998 · 1 incident

March 21, 1998 KY · Coal grader operator, roadgrader operator SLIP OR FALL OF PERSON
Lone Mountain Processing LLC · Fall from machine

INJURED STATED THAT AS HE WAS DISMOUNTING THE GRADER, HE SLIPPED AND FELL AGAINST THE BLADE. IT RESULTED INTO 2 FRACTURED RIBS.