Mining Incidents

Deep Water Prep Plant P-2: 162 MSHA citations Coal

Coal-Mac MET, LLC · Facility
Controlled by John Mitch Potter
Kincaid, Fayette County, WV  ·  Active
MSHA Mine ID: 4609162

Deep Water Prep Plant P-2 has $30K in proposed MSHA penalties and $13K outstanding across 6 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
21
Years on record
2006–2026
Latest incident
Aug 2026
Compliance record
MSHA citations since 2006
162
citations
53
significant & substantial
$29,631
proposed penalties
$16,539
paid to date
56% of proposed penalties paid to date, a $13,092 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
68
inspections on record
1,775
inspection hours
9.1
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.
162 citations across 1,775 inspection hours.
Source: MSHA inspections data, updated weekly.

Deep Water Prep Plant P-2 has $30K in proposed MSHA penalties and $13K outstanding across 6 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.
$30K
proposed penalties
$29K
current assessed
$17K
paid to date
$13K
outstanding
145 assessments are final orders; 6 contested dockets.
Of $5K in penalties contested before the Commission, $5K was upheld in final decisions.
As of the most recent assessment on 2026-07-01.
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.
32.9%
significant & substantial
5.6%
high negligence or reckless
32.9%
reasonably likely or greater
34.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 21.7% low, 72.7% moderate, 5.6% 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.
24 citations taken to the federal commission · 15% of citations on record
  • Settled 9 · 38%
  • Stood as issued 15 · 63%
80%
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 5 decided S&S contests · industry: 79%
9%
Penalty reduction in decided contests
$5K proposed, $5K 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 2024-10-17.
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
WEVA 2024-0249 Dismissal Young 2024 $2K → $2K
WEVA 2012-640 Settlement Simonton 2013 $1K → $962
WEVA 2025-0013 Settlement Voisin 2025 $882 → $882
WEVA 2009-1159 Settlement Rae 2011 $745 → $500
WEVA 2024-0076 Dismissal Young 2024 $198 → $198
WEVA 2024-0296 Settlement Paez 2024 $147 → $147
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Deep Water Prep Plant P-2 shows 100% of 165 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: 2026-06-30
100%
within 1.5 mg/m3
165
samples
1.43
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.
134 samples taken by MSHA inspectors, 31 by the operator.
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER41
  • MECHANIC39
  • FINE COAL PLANT OPERATOR32

Silica (quartz)

Last sampled: 2025-05-01
1.8
silica avg (%)
9
samples
2.8
silica max (%)
Most-sampled occupations
  • MECHANIC8
  • FINE COAL PLANT OPERATOR1

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: 2026-03-04
10%
over PEL
81
samples
Most-sampled occupations
  • HIGHLIFT OPERATOR/FRONT END LOADER24
  • CLEANING PLANT OPERATOR11
  • UTILITY MAN10
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
2026 100% 10
2025 100% 8
2024 100% 9
2023 100% 10
2022 100% 9
2019 100% 16
2018 100% 8
2014 100% 10
2013 100% 16
2012 100% 10
2011 100% 8
2010 100% 19
2009 100% 19
2008 100% 9
2007 100% 4
Silica (quartz) by year
Year silica avg (%) samples
2025 1
2018 2.6 1
2014 2.5 2
2013 1.4 1
2012 0.9 2
2009 1.5 2
Noise by year
Year over PEL samples
2026 0% 5
2025 0% 5
2024 0% 5
2023 29% 7
2022 25% 4
2019 0% 5
2018 0% 5
2014 0% 3
2013 7% 15
2012 10% 10
2010 11% 9
2009 33% 3
2008 20% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Deep Water Prep Plant P-2 recorded 2.96 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
2.96
total case rate
2.96
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In West Virginia, coal mining averaged 3.89 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2025 * 2.96 2.96 0.000
2024 * 0.00 0.00 0.000
2023 * 21.63 16.22 0.000
2013 * 0.00 0.00 0.000
2012 * 6.47 6.47 0.000
2011 * 8.24 6.18 0.000
2010 * 5.51 0.00 0.000
2009 * 5.62 5.62 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Ownership history
  1. Frasure Creek Mining LLC 2006 to 2021
  2. Resilient Mining, LLC 2021 to 2025
  3. Coal-Mac MET, LLC 2025 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 37
2025 29
2024 22
2023 13
2022 4
2021 0
2019 7
2018 8
2017 0
2016 0
2015 1
2014 8
2013 10
2012 18
2011 42
2010 30
2009 15
2008 7
2007 15
2006 4
Source: MSHA quarterly employment and production, updated weekly.

Deep Water Prep Plant P-2 sits in Fayette County, West Virginia, where the Census mining category is 3.0% 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.
Fayette County, West Virginia · Population 39,987
3.0%
Mining share of county employment
$52,672
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 20,380 13 6 637.9
2026 Q1 25,923 6 2 231.5
2025 Q4 29,868 0 0 0.0
2025 Q3 22,319 0 0 0.0
2025 Q2 2,413 5 0 2072.1
2025 Q1 12,861 2 0 155.5
2024 Q4 12,550 0 0 0.0
2024 Q3 13,338 7 0 524.8
Show 60 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 11,905 0 0 0.0
2024 Q1 10,341 15 3 1450.5
2023 Q4 7,745 0 0 0.0
2023 Q3 14,119 1 0 70.8
2023 Q2 9,113 1 0 109.7
2023 Q1 6,006 3 0 499.5
2022 Q4 4,526 3 0 662.8
2022 Q3 2,594 0 0 0.0
2022 Q2 974 3 0 3080.1
2022 Q1 0 4 0
2021 Q4 0 0 0
2019 Q2 3,022 5 3 1654.5
2019 Q1 3,819 0 0 0.0
2018 Q4 4,302 0 0 0.0
2018 Q3 4,031 1 0 248.1
2018 Q2 4,279 3 0 701.1
2018 Q1 983 0 0 0.0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 222 0 0 0.0
2015 Q1 904 0 0 0.0
2014 Q4 4,118 1 0 242.8
2014 Q3 3,439 0 0 0.0
2014 Q2 4,182 1 0 239.1
2014 Q1 3,767 0 0 0.0
2013 Q4 5,449 9 3 1651.7
2013 Q3 4,274 0 0 0.0
2013 Q2 6,298 3 0 476.3
2013 Q1 5,679 3 0 528.3
2012 Q4 6,770 0 0 0.0
2012 Q3 4,487 5 1 1114.3
2012 Q2 8,351 0 0 0.0
2012 Q1 11,327 0 0 0.0
2011 Q4 25,340 2 2 78.9
2011 Q3 26,009 0 0 0.0
2011 Q2 22,822 3 1 131.5
2011 Q1 22,876 0 0 0.0
2010 Q4 26,480 1 1 37.8
2010 Q3 24,296 0 0 0.0
2010 Q2 12,577 5 0 397.6
2010 Q1 9,179 0 0 0.0
2009 Q4 11,669 0 0 0.0
2009 Q3 11,178 1 0 89.5
2009 Q2 5,017 0 0 0.0
2009 Q1 7,697 5 2 649.6
2008 Q4 5,163 0 0 0.0
2008 Q3 3,483 3 3 861.3
2008 Q2 101 0 0 0.0
2007 Q2 1,302 0 0 0.0
2007 Q1 9,929 4 3 402.9
2006 Q4 4,348 0 0 0.0
2006 Q3 961 5 3 5202.9
2006 Q2 0 0 0
No fatalities recorded at this mine.

Reportable incidents

21 on file

2026 · 1 incident

August 11, 2026 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Coal-Mac MET, LLC · Struck by falling object

Employee was in the process of lifting a Prep Plant dryer cage up off of dryer when the chain slipped off of the cage and the cage fell to the floor contacting employee's right foot.

2025 · 1 incident

February 8, 2025 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Resilient Mining, LLC · Fall to the walkway or working surface

Employee was in the process of cleaning the basement floor of the preparation plant due to a spillage of flocculant on the floor. EE was moving toward the door to open a bay door on the plant when EE slipped and fell on EE's back.

2023 · 4 incidents

December 14, 2023 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Resilient Mining, LLC · Caught in, under or between a moving and a stationary object

While changing the drive belts on the Heavy Media Pump the employee was helping roll one of the drive belts on when the sheave broke free unexpectedly and moved rapidly catching a finger between the belt and the sheave causing a laceration to the end of the employees left middle finger.

September 20, 2023 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Resilient Mining, LLC · Over-exertion in pulling or pushing objects

While unloading belt press belt from a pick-up truck, the belt had been placed on the ground. The employee straddled the belt lying on the ground, bent over and placed both hands on the end of the belt to slide it along the ground. The employee stated felt a pop in the left shoulder while sliding the belt. EE's shoulder began hurting after feeling it pop.

March 10, 2023 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Resilient Mining, LLC · Caught in, under or between a moving and a stationary object

Employee was reinstalling an impeller on the spiral clean coal pump by pulling the belt to thread on the impeller on the shaft and caught middle finger between the belts and the sheave.

January 26, 2023 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Resilient Mining, LLC · Fall to the walkway or working surface

Spotting for an equipment operator while moving a part stand onto the filter press floor. While maneuvering the stand into place it came into contact with a plastic water pipe. It is believed that when the pipe ruptured it sprayed water into the face of the employee at which time TheY tried to move quickly away from the water spray and fell onto the floor causing THE injuries

2018 · 1 incident

June 29, 2018 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

Employee was descending down an A-frame ladder and missed placed footing from 3rd rung to 2nd rung on ladder and lost balance.

2012 · 2 incidents

May 5, 2012 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator STEPPING OR KNEELING ON OBJECT
Frasure Creek Mining LLC · Struck against stationary object

While working on the raw coal belt skirt board EE stepped off the belt structure onto a lump of coal twisting his right knee. He told the supervisor around 11:30 during lunch. He finished out the shift. He went to the ER at Montgomery General Hospital around 8:00 that evening, he was told that he had torn ligaments in the knee and to see his family Dr for a follow up.

January 18, 2012 WV · Coal crane operator, mobile equipment operator (meo), dragline operator, dropball operator, rigger DUST DISEASE OF LUNGS
Frasure Creek Mining LLC · Inhalation of radiations, caustics, toxic and noxious substances

This office was notified on 1/18/12 that a former EE assigned to TSSG has filed a claim for black lung benefits. This claimant was last assigned to Frasure Creek Mining Deep Water Prep Plant in 2009. He is no longer assigned to TSSG.

2011 · 4 incidents

November 28, 2011 WV · Coal front-end loader, scraper-loader operator, pan operator, payloader, scraper rig operator SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

EE was getting off the loader. Top step was covered in mud and bottom step was broke. He slipped and scraped his shin on the right leg causing a small laceration on the shin area.

November 14, 2011 WV · Coal refuse truck driver, backfill truck driver, stock pile truck driver HANDTOOLS (NONPOWERED)
Frasure Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Bar slipped and hit his neck cutting him on the right side below his ear.

November 11, 2011 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall from machine

Getting off rt 60 to check out the trk because he had smoke in the cab. He was climbing down the ladder and fell and hit his left knee.

July 23, 2011 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall to the walkway or working surface

Employee was walking across office porch and tripped over an elbow and jammed his knee.

2010 · 2 incidents

December 27, 2010 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall to the walkway or working surface

Treating belts with antifreeze, slipped in the snow, falling on left knee.

September 20, 2010 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Frasure Creek Mining LLC · Caught in, under or between a moving and a stationary object

EE was manufacturing a guard and guard slipped and smashed right middle finger. X-ray showed that the finger is hairline fracture.

2009 · 1 incident

November 10, 2009 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech IGNITION OR EXPLOSION OF GAS OR DUST
Frasure Creek Mining LLC · Contact with hot objects or substances

Ignition of gases while hooking up cutting torches. Employee was taken to Plateau Medical Center in Oak Hill. Employee complained of pain in Abdomen and left ear.

2008 · 1 incident

June 9, 2008 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall from machine

EE states he dislodged rock from scalping screen and lost his footing, falling down the chute onto refuse rock. EE suffered contusions on lower back, tailbone and side and also numbness in leg. EE was not tied off at the time of the injury.

2007 · 2 incidents

March 17, 2007 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator SLIP OR FALL OF PERSON
Frasure Creek Mining LLC · Fall onto or against objects

EE was using a chain hoist to pull scalping screen into place. While standing on a motor base, slipped off and fell, landing on his feet. Continued to fall to the floor, striking his ribs on a piece of angle iron, bruised his ribs.

January 9, 2007 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Frasure Creek Mining LLC · Caught in, under or between two or more moving objects

Had just replaced belts on magnetite auger. Found the pipe stopped up on the feed tube. While attempting to unstop the pipe, EE grabbed the belts and pulled on them to help the motor get started. When the belts moved, they caught his hand, pulling it through between the belts and pulley.

2006 · 2 incidents

September 7, 2006 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Frasure Creek Mining LLC · Struck by flying object

Using torch and got slag in eye.

August 16, 2006 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman FALLING/SLIDING/ROLLING MATERIALS
Frasure Creek Mining LLC · Struck by falling object

Walking along clean coal belt walkway to worksite & was struck by falling piece of handrail from above. Received cut & blow to back of head.