Mill Creek #1 Surface Mine: 78 MSHA citations Coal
Mill Creek #1 Surface Mine has $23K in proposed MSHA penalties and $0 outstanding across 4 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
78
citations
31
significant & substantial
$22,793
proposed penalties
$22,793
paid to date
100% of proposed penalties paid to date, a $0 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2006
24
inspections on record
659
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: 659 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.
Mill Creek #1 Surface Mine has $23K in proposed MSHA penalties and $0 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.$23K
proposed penalties
$23K
current assessed
$23K
paid to date
$0
outstanding
78 assessments are final orders; 4 contested dockets.
Of $7K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2012-09-17.
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.39.7%
significant & substantial
3.8%
high negligence or reckless
39.7%
reasonably likely or greater
24.4%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 17.9% low, 78.2% moderate, 3.8% 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.
7
citations taken to the federal commission · 9% of citations on record
- Settled 4 · 57%
- Stood as issued 3 · 43%
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 5 decided S&S contests · industry: 79%
0%
Penalty reduction in decided contests
$7K proposed, $7K 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 2012-12-10.
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 |
|---|---|---|---|---|
| VA 2013-118 | Settlement | Barbour | 2014 | $4K → $4K |
| VA 2009-263 | Default | Lesnick | 2011 | $2K → $2K |
| VA 2008-152 | Dismissal | Lesnick | 2008 | $1K → $1K |
| VA 2008-153 | Settlement | Lesnick | 2008 | $556 → $556 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Mill Creek #1 Surface Mine shows 100% of 60 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: 2012-01-16, 14 years ago
ⓘ
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
60
samples
0.73
dust max (mg/m3)
44 samples taken by MSHA inspectors, 16 by the operator.
Most-sampled occupations
- BULLDOZER OPERATOR30
- HIGHLIFT OPERATOR/FRONT END LOADER13
- BACKHOE OPERATOR5
Silica (quartz)
Last sampled: 2011-03-01, 15 years ago19.9
silica avg (%)
10
samples
34.1
silica max (%)
Most-sampled occupations
- BULLDOZER OPERATOR8
- BACKHOE OPERATOR1
- ROTARY BUCKET EXCAVATOR 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: 2010-01-13, 16 years ago
ⓘ
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.0%
over PEL
20
samples
Most-sampled occupations
- BULLDOZER OPERATOR5
- HIGHLIFT OPERATOR/FRONT END LOADER5
- BACKHOE OPERATOR3
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 |
|---|---|---|
| 2012 | 100% | 1 |
| 2011 | 100% | 6 |
| 2010 | 100% | 14 |
| 2009 | 100% | 20 |
| 2008 | 100% | 5 |
| 2007 | 100% | 10 |
| 2006 | 100% | 4 |
Silica (quartz) by year
| Year | silica avg (%) | samples |
|---|---|---|
| 2011 | 25.5 | 2 |
| 2009 | 21.5 | 6 |
| 2008 | 9.8 | 1 |
| 2007 | 9.4 | 1 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2010 | 0% | 5 |
| 2009 | 0% | 5 |
| 2007 | 0% | 5 |
| 2006 | 0% | 5 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Mill Creek #1 Surface Mine recorded 0.00 reportable injury cases per 100 full-time workers in 2009.
Injury rate, 2009
ⓘ
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
No reportable injury cases in any year shown. Employee-hours were reported in each of those years, so these are true zeros rather than missing data. Citations, listed in the compliance record above, are inspector-found violations and are counted separately from worker injuries.
Below average. The US coal mining average was 4.16 and the all-US-mining average was 3.36 cases per 100 workers.
In Virginia, coal mining averaged 4.22 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 |
|---|---|---|---|
| 2009 * | 0.00 | 0.00 | 0.000 |
| 2008 * | 0.00 | 0.00 | 0.000 |
| 2007 * | 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
- Barnette Energy, LLC 2006 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) |
|---|---|---|
| 2017 | 0 | |
| 2016 | 0 | |
| 2015 | 0 | |
| 2014 | 1 | |
| 2013 | 1 | |
| 2012 | 5 | |
| 2011 | 7 | 10,496 |
| 2010 | 10 | 36,532 |
| 2009 | 13 | 55,102 |
| 2008 | 13 | 60,474 |
| 2007 | 13 | 56,722 |
| 2006 | 10 | 11,574 |
Source: MSHA quarterly employment and production, updated weekly.
Mill Creek #1 Surface Mine sits in Dickenson County, Virginia, where the Census mining category is 9.8% 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.Dickenson County, Virginia · Population 13,920
9.8%
Mining share of county employment
$43,831
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 |
|---|---|---|---|---|
| 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 Q2 | 0 | 0 | 0 | |
| 2016 Q1 | 0 | 0 | 0 | |
| 2015 Q4 | 0 | 0 | 0 |
Show 36 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2015 Q3 | 0 | 0 | 0 | |
| 2015 Q2 | 0 | 0 | 0 | |
| 2015 Q1 | 0 | 0 | 0 | |
| 2014 Q4 | 320 | 0 | 0 | 0.0 |
| 2014 Q3 | 480 | 0 | 0 | 0.0 |
| 2014 Q2 | 120 | 0 | 0 | 0.0 |
| 2014 Q1 | 480 | 0 | 0 | 0.0 |
| 2013 Q4 | 1 | 0 | 0 | 0.0 |
| 2013 Q3 | 1 | 0 | 0 | 0.0 |
| 2013 Q2 | 480 | 0 | 0 | 0.0 |
| 2013 Q1 | 1 | 0 | 0 | 0.0 |
| 2012 Q4 | 600 | 0 | 0 | 0.0 |
| 2012 Q3 | 2,471 | 2 | 2 | 809.4 |
| 2012 Q2 | 2,554 | 1 | 1 | 391.5 |
| 2012 Q1 | 2,080 | 2 | 0 | 961.5 |
| 2011 Q4 | 6,640 | 0 | 0 | 0.0 |
| 2011 Q3 | 0 | 2 | 1 | |
| 2011 Q2 | 875 | 2 | 0 | 2285.7 |
| 2011 Q1 | 5,846 | 4 | 3 | 684.2 |
| 2010 Q4 | 0 | 5 | 1 | |
| 2010 Q3 | 5,111 | 2 | 1 | 391.3 |
| 2010 Q2 | 7,697 | 0 | 0 | 0.0 |
| 2010 Q1 | 6,672 | 5 | 4 | 749.4 |
| 2009 Q4 | 6,190 | 1 | 1 | 161.6 |
| 2009 Q3 | 7,867 | 7 | 3 | 889.8 |
| 2009 Q2 | 5,173 | 0 | 0 | 0.0 |
| 2009 Q1 | 10,148 | 6 | 2 | 591.2 |
| 2008 Q4 | 5,191 | 0 | 0 | 0.0 |
| 2008 Q3 | 7,036 | 0 | 0 | 0.0 |
| 2008 Q2 | 7,036 | 8 | 1 | 1137.0 |
| 2008 Q1 | 7,575 | 0 | 0 | 0.0 |
| 2007 Q4 | 7,310 | 7 | 3 | 957.6 |
| 2007 Q3 | 6,801 | 0 | 0 | 0.0 |
| 2007 Q2 | 7,265 | 9 | 4 | 1238.8 |
| 2007 Q1 | 6,863 | 0 | 0 | 0.0 |
| 2006 Q4 | 5,682 | 4 | 1 | 704.0 |
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.