Mining Incidents

Muddy Creek Mountain Stone: 54 MSHA citations Metal/Non-Metal

Controlled by (Earl) Mac Quick
Alderson, Greenbrier County, WV  ·  Abandoned
MSHA Mine ID: 4608861

Muddy Creek Mountain Stone has $10K in proposed MSHA penalties and $0 outstanding across 3 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
5
Years on record
2001–2010
Latest incident
Jun 2010
Compliance record
MSHA citations since 2000
54
citations
13
significant & substantial
$10,025
proposed penalties
$8,826
paid to date
88% of proposed penalties paid to date, a $1,199 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
26
inspections on record
416
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: 416 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Muddy Creek Mountain Stone has $10K in proposed MSHA penalties and $0 outstanding across 3 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.
$10K
proposed penalties
$9K
current assessed
$9K
paid to date
$0
outstanding
54 assessments are final orders; 3 contested dockets.
Of $2K in penalties contested before the Commission, $1K was upheld in final decisions.
As of the most recent assessment on 2011-10-19.
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.
24.1%
significant & substantial
18.5%
high negligence or reckless
24.1%
reasonably likely or greater
66.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.7% low, 64.8% moderate, 18.5% 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 · 2% of citations on record
  • Settled 1 · 100%
69%
Penalty reduction in decided contests
$1K proposed, $400 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 2008-05-01.
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 2008-1039M Settlement Barbour 2011 $1K → $400
WEVA20030110M Settlement Zielinski 2003 $771 → $470
WEVA20030223M Settlement Melick 2003 $195 → $146
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
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.

Metal and nonmetal contaminants (personal samples)
Many samples are screening measurements of substances with no applicable exposure limit; they are counted as samples but excluded from every over-limit figure. Over-limit shares use only limit-tested samples.

Last sampled: 2009-06-24, 17 years ago
50%
of limit-tested samples over the exposure limit
8
samples
2
limit-tested
Most sampled contaminants
  • Quartz, respirable, >1% Qtz21 over
  • Respirable dust, <.1mg6
Show the individual readings (8)
Date Contaminant Concentration Limit Conc / limit Occupation
2002-10-09 Quartz, respirable, >1% Qtz 0.17 0.17 1.00 Stone Polisher/Cutter
2009-06-24 Respirable dust, <.1mg 0 Stone Polisher/Cutter
2009-06-24 Quartz, respirable, >1% Qtz 0.15 1.45 0.10 Supervisor, Co. Official
2009-06-24 Respirable dust, <.1mg 0 Stone Polisher/Cutter
2009-06-24 Respirable dust, <.1mg 0 Stone Polisher/Cutter
2002-10-09 Respirable dust, <.1mg 0 Stone Polisher/Cutter
2002-10-09 Respirable dust, <.1mg 0 Utility Man
2002-10-09 Respirable dust, <.1mg 0 Utility Man
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly. Metal/nonmetal contaminant figures come from MSHA's Personal Health Samples and Area Samples files (public record), updated weekly.
Ownership history
  1. Muddy Creek Mountain Stone Inc 2000 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2010 2
2009 3
2008 4
2007 6
2006 7
2005 2
2004 5
2003 11
2002 11
2001 12
2000 17
Source: MSHA quarterly employment and production, updated weekly.

Muddy Creek Mountain Stone sits in Greenbrier County, West Virginia, where the Census mining category is 1.7% 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.
Greenbrier County, West Virginia · Population 32,688
1.7%
Mining share of county employment
$48,662
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
2010 Q4 36 0 0 0.0
2010 Q3 1,020 3 1 2941.2
2010 Q2 1,284 0 0 0.0
2010 Q1 4 0 0 0.0
2009 Q4 789 5 3 6337.1
2009 Q3 1,101 0 0 0.0
2009 Q2 978 4 1 4090.0
2009 Q1 810 0 0 0.0
Show 32 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2008 Q4 901 0 0 0.0
2008 Q3 1,000 0 0 0.0
2008 Q2 1,189 3 1 2523.1
2008 Q1 1,092 6 0 5494.5
2007 Q4 1,591 0 0 0.0
2007 Q3 2,400 2 0 833.3
2007 Q2 2,665 0 0 0.0
2007 Q1 1,956 0 0 0.0
2006 Q4 2,117 0 0 0.0
2006 Q3 2,071 9 0 4345.7
2006 Q2 2,579 0 0 0.0
2006 Q1 1,110 0 0 0.0
2005 Q3 1,118 1 0 894.5
2005 Q2 1,041 0 0 0.0
2005 Q1 495 0 0 0.0
2004 Q4 589 0 0 0.0
2004 Q3 1,449 1 0 690.1
2004 Q2 2,494 0 0 0.0
2004 Q1 1,557 0 0 0.0
2003 Q4 1,918 0 0 0.0
2003 Q3 3,808 0 0 0.0
2003 Q2 3,967 0 0 0.0
2003 Q1 1,078 2 1 1855.3
2002 Q4 2,205 11 4 4988.7
2002 Q3 3,514 0 0 0.0
2002 Q2 4,169 1 0 239.9
2002 Q1 865 1 0 1156.1
2001 Q4 1,646 0 0 0.0
2001 Q3 3,191 0 0 0.0
2001 Q2 5,403 0 0 0.0
2001 Q1 1,180 2 2 1694.9
2000 Q4 1,372 2 0 1457.7
No fatalities recorded at this mine.

Reportable incidents

5 on file

2010 · 1 incident

2008 · 2 incidents

August 26, 2008 WV · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman OTHER
Muddy Creek Mountain Stone Inc · Bodily reaction, (Not Elsewhere Classified)

Driving haul truck. Not using mirrors to back up.

2007 · 1 incident

July 23, 2007 WV · Metal/Non-Metal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman MACHINERY
Muddy Creek Mountain Stone Inc · Flash burns (welding)

He was watching the welder. He was told by the welder and two other employes not to watch it.

2001 · 1 incident

November 7, 2001 WV · Metal/Non-Metal mine manager, mine foreman, mine owner SLIP OR FALL OF PERSON
Muddy Creek Mountain Stone Inc · Caught in, under or between (Not Elsewhere Classified)

OPERATING CLIMBING OFF EXCAVATOR TO TALK TO THE OWNER, CAUGHT HIS GLOVED HAND ON A BRACKET, CUT LITTLE FINGER.