Empire: 22 MSHA citations Coal
Denali Energy Group, LLC
· Surface
Controlled by
Conrad Whitaker; Jonathan Whitaker
Hurley, Va,
Buchanan County,
VA
·
NonProducing
MSHA Mine ID: 4003274
Empire has $6K in proposed MSHA penalties and $5K outstanding across 1 contested dockets, plus health sampling and the full incident record.
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- Fatalities
- 0
- Total incidents
- 0
- Years on record
- —
- Latest incident
- —
Compliance record
MSHA citations since 2006
22
citations
8
significant & substantial
$6,167
proposed penalties
$568
paid to date
9% of proposed penalties paid to date, a $5,599 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
34
inspections on record
637
inspection hours
n/a
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.Rate withheld: 637 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Empire has $6K in proposed MSHA penalties and $5K outstanding across 1 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.$6K
proposed penalties
$6K
current assessed
$568
paid to date
$5K
outstanding
22 assessments are final orders; 1 contested dockets.
Of $577 in penalties contested before the Commission, $477 was upheld in final decisions.
As of the most recent assessment on 2025-03-13.
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.36.4%
significant & substantial
13.6%
high negligence or reckless
36.4%
reasonably likely or greater
31.8%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 13.6% low, 72.7% moderate, 13.6% 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.
1
citations taken to the federal commission · 5% of citations on record
- Settled 1 · 100%
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 1 decided S&S contests · industry: 79%
17%
Penalty reduction in decided contests
$577 proposed, $477 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 2018-02-22.
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 2018-0308 | Settlement | Lewis | 2018 | $577 → $477 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Empire shows 100% of 33 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: 2024-09-04
ⓘ
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.100%
within 1.5 mg/m3
33
samples
0.41
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.33 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
- AUGER HELPER14
- AUGER OPERATOR14
- MINE FOREMAN/MINE MANAGER2
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: 2024-09-04
ⓘ
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.4%
over PEL
28
samples
Most-sampled occupations
- AUGER OPERATOR13
- AUGER HELPER11
- MINE FOREMAN/MINE MANAGER3
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% | 2 |
| 2022 | 100% | 4 |
| 2021 | 100% | 2 |
| 2020 | 100% | 2 |
| 2019 | 100% | 4 |
| 2018 | 100% | 4 |
| 2008 | 100% | 3 |
| 2007 | 100% | 6 |
| 2006 | 100% | 6 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2024 | 0% | 2 |
| 2022 | 0% | 4 |
| 2021 | 0% | 4 |
| 2020 | 0% | 2 |
| 2019 | 0% | 2 |
| 2018 | 0% | 2 |
| 2008 | 33% | 3 |
| 2007 | 0% | 3 |
| 2006 | 0% | 6 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
- Mountainside Coal Company Inc 2006 to 2017
- Denali Energy Group, LLC 2017 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) |
|---|---|---|
| 2024 | 1 | |
| 2023 | 1 | 2,100 |
| 2022 | 2 | 2,000 |
| 2021 | 1 | |
| 2020 | 1 | |
| 2019 | 2 | 3,200 |
| 2018 | 3 | 35,169 |
| 2017 | 2 | 11,374 |
| 2009 | 2 | 24,391 |
| 2008 | 3 | 24,977 |
| 2007 | 3 | 31,967 |
| 2006 | 2 | 27,936 |
Source: MSHA quarterly employment and production, updated weekly.
Empire sits in Buchanan County, Virginia, where the Census mining category is 11.2% 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.Buchanan County, Virginia · Population 19,857
11.2%
Mining share of county employment
$42,216
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 |
|---|---|---|---|---|
| 2024 Q4 | 100 | 0 | 0 | 0.0 |
| 2024 Q3 | 400 | 2 | 1 | 5000.0 |
| 2024 Q2 | 0 | 0 | 0 | |
| 2023 Q4 | 200 | 0 | 0 | 0.0 |
| 2023 Q3 | 400 | 0 | 0 | 0.0 |
| 2023 Q2 | 400 | 3 | 2 | 7500.0 |
| 2023 Q1 | 480 | 1 | 1 | 2083.3 |
| 2022 Q4 | 1,060 | 0 | 0 | 0.0 |
Show 34 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2022 Q3 | 960 | 0 | 0 | 0.0 |
| 2022 Q2 | 1,200 | 1 | 1 | 833.3 |
| 2022 Q1 | 1,200 | 2 | 1 | 1666.7 |
| 2021 Q4 | 0 | 0 | 0 | |
| 2021 Q3 | 0 | 0 | 0 | |
| 2021 Q2 | 0 | 4 | 0 | |
| 2021 Q1 | 1,200 | 0 | 0 | 0.0 |
| 2020 Q4 | 1,500 | 2 | 0 | 1333.3 |
| 2020 Q3 | 0 | 0 | 0 | |
| 2020 Q2 | 0 | 0 | 0 | |
| 2020 Q1 | 0 | 0 | 0 | |
| 2019 Q4 | 1,100 | 0 | 0 | 0.0 |
| 2019 Q3 | 650 | 0 | 0 | 0.0 |
| 2018 Q4 | 1,560 | 0 | 0 | 0.0 |
| 2018 Q3 | 1,560 | 0 | 0 | 0.0 |
| 2018 Q2 | 2,200 | 0 | 0 | 0.0 |
| 2018 Q1 | 2,548 | 0 | 0 | 0.0 |
| 2017 Q4 | 1,272 | 1 | 1 | 786.2 |
| 2017 Q3 | 1,190 | 0 | 0 | 0.0 |
| 2009 Q3 | 1,385 | 0 | 0 | 0.0 |
| 2009 Q2 | 1,385 | 0 | 0 | 0.0 |
| 2009 Q1 | 731 | 2 | 0 | 2736.0 |
| 2008 Q4 | 1,774 | 0 | 0 | 0.0 |
| 2008 Q3 | 1,021 | 1 | 1 | 979.4 |
| 2008 Q2 | 351 | 0 | 0 | 0.0 |
| 2008 Q1 | 1,341 | 0 | 0 | 0.0 |
| 2007 Q4 | 1,050 | 0 | 0 | 0.0 |
| 2007 Q3 | 1,524 | 0 | 0 | 0.0 |
| 2007 Q2 | 1,324 | 0 | 0 | 0.0 |
| 2007 Q1 | 1,200 | 0 | 0 | 0.0 |
| 2006 Q4 | 1,642 | 0 | 0 | 0.0 |
| 2006 Q3 | 1,532 | 0 | 0 | 0.0 |
| 2006 Q2 | 1,453 | 1 | 0 | 688.2 |
| 2006 Q1 | 0 | 0 | 0 |
No reportable incidents on file.
MSHA has no recorded reportable accidents for this mine in the current dataset. New reports appear here within a week of being filed.