Mining Incidents

Eagle Creek No 3: 381 MSHA citations Coal

Coal-Mac LLC · Surface
Controlled by John Mitch Potter
Sharples, Logan County, WV  ·  NonProducing
MSHA Mine ID: 4609174

Eagle Creek No 3 has $333K in proposed MSHA penalties and $8K outstanding across 29 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
22
Years on record
2007–2024
Latest incident
Nov 2024
Compliance record
MSHA citations since 2007
381
citations
160
significant & substantial
$333,173
proposed penalties
$269,825
paid to date
81% of proposed penalties paid to date, a $63,348 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
60
inspections on record
3,000
inspection hours
12.7
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.
381 citations across 3,000 inspection hours.
Source: MSHA inspections data, updated weekly.

Eagle Creek No 3 has $333K in proposed MSHA penalties and $8K outstanding across 29 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.
$333K
proposed penalties
$278K
current assessed
$270K
paid to date
$8K
outstanding
366 assessments are final orders; 29 contested dockets.
Of $250K in penalties contested before the Commission, $179K was upheld in final decisions.
As of the most recent assessment on 2025-05-14.
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.
43.6%
significant & substantial
1.4%
high negligence or reckless
43.6%
reasonably likely or greater
29.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 38.1% low, 60.5% moderate, 1.4% 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.
185 citations taken to the federal commission · 49% of citations on record
  • Settled 165 · 89%
  • Stood as issued 19 · 10%
  • Vacated or withdrawn 1 · 1%
89%
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 116 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$250K proposed, $179K 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 2025-05-27.
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 2015-0443 Settlement Gill 2015 $53K → $40K
WEVA 2009-622 Settlement Melick 2011 $35K → $19K
WEVA 2014-0822 Settlement Gill 2015 $20K → $14K
WEVA 2012-848 Settlement Zielinski 2013 $18K → $12K
WEVA 2014-1043 Settlement Gill 2015 $15K → $10K
WEVA 2014-1137 Settlement Gill 2015 $13K → $11K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Eagle Creek No 3 shows 100% of 166 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: 2025-05-14
100%
within 1.5 mg/m3
166
samples
0.89
dust max (mg/m3)
1
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.
124 samples taken by MSHA inspectors, 42 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR54
  • HIGHWALL DRILL OPERATOR50
  • HIGHLIFT OPERATOR/FRONT END LOADER27

Silica (quartz)

Last sampled: 2025-05-20
17.1
silica avg (%)
9
samples
42.6
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • HIGHWALL DRILL OPERATOR4

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: 2025-03-12
0%
over PEL
58
samples
Most-sampled occupations
  • BULLDOZER OPERATOR19
  • HIGHLIFT OPERATOR/FRONT END LOADER14
  • HIGHWALL DRILL OPERATOR11
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
2025 100% 22
2024 100% 28
2023 100% 13
2015 100% 26
2014 100% 14
2013 100% 10
2012 100% 10
2011 100% 11
2010 100% 11
2009 100% 11
2008 100% 10
Silica (quartz) by year
Year silica avg (%) samples
2025 22.9 3
2024 20.7 3
2015 7.7 3
Noise by year
Year over PEL samples
2025 0% 5
2024 0% 5
2023 0% 5
2015 0% 5
2014 0% 5
2013 0% 5
2012 0% 8
2011 0% 5
2010 0% 2
2009 0% 10
2008 0% 3
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Eagle Creek No 3 recorded 0.00 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.
0.00
total case rate
0.00
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 * 0.00 0.00 0.000
2024 1.84 1.84 0.000
2023 * 5.33 5.33 0.000
2015 * 0.00 0.00 0.000
2014 1.67 1.67 0.000
2013 3.47 1.74 0.000
2012 * 4.28 4.28 0.000
2011 * 0.00 0.00 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. Mingo Logan Coal Company 2006 to 2007
  2. Eagle Creek Mining LLC 2007 to 2022
  3. Coal-Mac LLC 2022 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2026 1
2025 25 170,120
2024 40 252,998
2023 13 44,688
2022 0
2019 0
2018 0
2017 0
2016 3
2015 27 311,018
2014 45 685,989
2013 44 675,216
2012 35 624,111
2011 38 819,831
2010 29 591,076
2009 23 468,010
2008 33 617,196
2007 12 219,682
Source: MSHA quarterly employment and production, updated weekly.

Eagle Creek No 3 sits in Logan County, West Virginia, where the Census mining category is 6.6% 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.
Logan County, West Virginia · Population 31,826
6.6%
Mining share of county employment
$47,237
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 0 0 0
2026 Q1 12 0 0 0.0
2025 Q4 0 0 0
2025 Q3 1,844 0 0 0.0
2025 Q2 21,123 11 0 520.8
2025 Q1 26,571 26 5 978.5
2024 Q4 28,165 1 1 35.5
2024 Q3 27,570 1 0 36.3
Show 57 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 25,877 0 0 0.0
2024 Q1 26,788 30 6 1119.9
2023 Q4 24,133 10 5 414.4
2023 Q3 11,546 0 0 0.0
2023 Q2 1,842 7 0 3800.2
2023 Q1 0 0 0
2022 Q4 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 168 0 0 0.0
2016 Q4 3 2 0 666666.7
2016 Q3 1,361 0 0 0.0
2016 Q2 3,091 0 0 0.0
2016 Q1 2,300 0 0 0.0
2015 Q4 4,050 1 0 246.9
2015 Q3 13,269 5 2 376.8
2015 Q2 22,289 6 2 269.2
2015 Q1 30,504 29 15 950.7
2014 Q4 32,517 0 0 0.0
2014 Q3 30,674 0 0 0.0
2014 Q2 28,523 22 16 771.3
2014 Q1 28,244 26 14 920.5
2013 Q4 29,720 0 0 0.0
2013 Q3 31,154 13 7 417.3
2013 Q2 30,199 0 0 0.0
2013 Q1 24,087 11 2 456.7
2012 Q4 22,092 0 0 0.0
2012 Q3 17,551 27 12 1538.4
2012 Q2 27,580 0 0 0.0
2012 Q1 26,252 20 16 761.8
2011 Q4 23,642 0 0 0.0
2011 Q3 22,822 3 0 131.5
2011 Q2 24,381 0 0 0.0
2011 Q1 26,208 6 4 228.9
2010 Q4 20,562 0 0 0.0
2010 Q3 20,864 9 1 431.4
2010 Q2 16,681 0 0 0.0
2010 Q1 11,292 2 1 177.1
2009 Q4 8,689 0 0 0.0
2009 Q3 7,265 10 5 1376.5
2009 Q2 11,774 0 0 0.0
2009 Q1 23,197 6 2 258.7
2008 Q4 20,587 0 0 0.0
2008 Q3 17,043 6 2 352.1
2008 Q2 18,898 4 2 211.7
2008 Q1 14,308 5 3 349.5
2007 Q4 14,384 0 0 0.0
2007 Q3 5,462 2 0 366.2
2007 Q2 1,420 0 0 0.0
2007 Q1 1,320 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

22 on file

2024 · 1 incident

November 13, 2024 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Coal-Mac LLC · Struck against a moving object

Employee was operating a D10 T Dozer when EE backed over a rock and jarred self. The employee went to the ER the next day took off a couple days came back to work and is off again awaiting an MRI.

2023 · 1 incident

November 16, 2023 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Coal-Mac LLC · Over-exertion (Not Elsewhere Classified)

Employee stopped EE's service truck in an area where a drill had been repaired. When EE walked around to shut a cabinet door EE stepped into a drill hole. EE received a sprain left ankle and a small fracture in EE's foot.

2015 · 1 incident

October 13, 2015 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDLING OF MATERIALS
Eagle Creek Mining LLC · Over-exertion in lifting objects

Employee pulled a muscle in his back while lifting his hood during pre shift inspection. Note: Filing solely to meet deadline regulations. Incident is under investigation.

2014 · 2 incidents

June 21, 2014 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech MACHINERY
Eagle Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Employee was cutting a limb from a tree when his saw kicked back and cut his hand.

March 31, 2014 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Eagle Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

Miner was removing a sensor above his head when he felt a pain in his neck

2013 · 4 incidents

September 17, 2013 WV · Coal FIRE
Eagle Creek Mining LLC · Accident type, without injuries

Operator heard a loud pop from the engine compartment and the Cat D11T Dozer became engulfed in flames.

August 15, 2013 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Eagle Creek Mining LLC · Struck by falling object

Mechanic was replacing hydraulic pump on bulk truck, pump slid off of pto shaft striking employee on right forearm requiring 6 stitches.

May 30, 2013 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Eagle Creek Mining LLC · Struck against a moving object

Operator was in a dozer pushing out a shot when he stated he felt a sharp pain in his back.

February 23, 2013 WV · Coal water truck operator POWERED HAULAGE
Eagle Creek Mining LLC · Struck against a moving object

Operator was on a 773 water truck when the water load shifted truning it on its side. Operator recieved a 1" laceration to his forehead requiring 6 stitches

2012 · 3 incidents

June 9, 2012 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
Eagle Creek Mining LLC · (Not Elsewhere Classified)

Employee felt chest pains prior to work activity, presumed heart attack by EMT personnel, but turned out to be excessively low blood sugar. Immediate reportable hotline called as precautionary measure and no dangers were found by MSHA investigation. Employee finished the shift

April 5, 2012 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Eagle Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Mechanic replaced valve hoses of lifting jacks on rock truck. Lifting jacks on rock truck not completely filled with oil and released truck bed when the mechanic attempted to lower it.

2011 · 1 incident

January 15, 2011 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver OTHER
Eagle Creek Mining LLC · Unclassified, insufficient data

The driver involved in the incident suffered from an unforeseen medical condition. The driver was unconscious and does not recall the incident.

2010 · 2 incidents

December 31, 2010 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Eagle Creek Mining LLC · Fall to the walkway or working surface

Fueler was removing fueling hose on a 992 loader when he felt a sharp pain in his left calf and felt pressure on it. He fell to the ground for a minute and then continued to work.

March 15, 2010 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Eagle Creek Mining LLC · Struck against a moving object

Operator was pushing overburden on a drill bench over a spoil bank. The operator was backing the equipment up, when it struck a small rock ledge, causing a jarring motion to the equipment. The operator complained of minor discomfort and finished out the shift.

2009 · 1 incident

February 28, 2009 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Eagle Creek Mining LLC · Over-exertion (Not Elsewhere Classified)

Employee tripped entering dozer and caught himself by grabbing handrail to keep from falling. He twisted his left arm.

2008 · 5 incidents

October 13, 2008 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Eagle Creek Mining LLC · Struck against a moving object

Employee was tramming D10R on road over top of sediment ditch when he ran up on top of several rocks where he got stuck. When he started to back up, the D10R turned over on its right side into sediment ditch. Employee immediately, walked off the job, stopping at security guard shack to phone his wife. He left job, not reporting accident or if any injuries to his supervisor.

June 19, 2008 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
Eagle Creek Mining LLC · Fall to the walkway or working surface

Employee slipped off track of dozer while changing fuel filters, jarring lower back.

June 16, 2008 WV · Coal greaser, grease man, oiler, lube man, dragline oiler SLIP OR FALL OF PERSON
Eagle Creek Mining LLC · Fall from machine

THE MAINTENANCE EMPLOYEE ATTEMPTED TO NOTIFY THE LOADER OPERATOR OF HIS APPROACH TO PERFORM MAINTENANCE ON THE LOADER. THE OPERATOR DID NOT HEAR HIM AND WHILE MAINTENANCE EMPLOYEE WAS CLIMBING UP THE LADDER OF LOADER, THE LOADER OPERATOR PULLED OUT CAUSING HIM TO LOSE HIS GRIP.

March 5, 2008 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer MACHINERY
Eagle Creek Mining LLC · Struck against a moving object

Dropped off steep spoil bank in front of Loader - Dozer nose dived

February 16, 2008 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver POWERED HAULAGE
Eagle Creek Mining LLC · Struck by... (Not Elsewhere Classified)

Loader dumped bucket of rock into truck - knocking down overhead radio.

2007 · 1 incident

December 20, 2007 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer SLIP OR FALL OF PERSON
Eagle Creek Mining LLC · Fall onto or against objects

Operator was climbing down from D9 Dozer when he slipped off step, cutting left leg.