Mining Incidents

Navaro Surface Mine Operation: 150 MSHA citations Coal

Controlled by Gary Bowen II
Elbert, Mcdowell County, WV  ·  Abandoned
MSHA Mine ID: 4608804

Navaro Surface Mine Operation has $42K in proposed MSHA penalties and $3K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2001–2005
Latest incident
Aug 2005
Compliance record
MSHA citations since 2000
150
citations
92
significant & substantial
$41,994
proposed penalties
$34,655
paid to date
83% of proposed penalties paid to date, a $7,339 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
30
inspections on record
1,304
inspection hours
11.5
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.
150 citations across 1,304 inspection hours.
Source: MSHA inspections data, updated weekly.

Navaro Surface Mine Operation has $42K in proposed MSHA penalties and $3K 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.
$42K
proposed penalties
$38K
current assessed
$35K
paid to date
$3K
outstanding
150 assessments are final orders; 4 contested dockets.
Of $14K in penalties contested before the Commission, $7K was upheld in final decisions.
As of the most recent assessment on 2008-10-07.
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.
61.3%
significant & substantial
4.7%
high negligence or reckless
62.7%
reasonably likely or greater
48.7%
permanently disabling or fatal if injury occurs
Negligence coding: 0.7% none, 16.0% low, 78.7% moderate, 4.7% 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.
12 citations taken to the federal commission · 8% of citations on record
  • Settled 11 · 92%
  • Vacated or withdrawn 1 · 8%
50%
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 6 decided S&S contests · industry: 79%
46%
Penalty reduction in decided contests
$14K 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 2008-03-05.
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 2008-426 Settlement Melick 2011 $9K → $5K
WEVA 2008-627 Settlement Feldman 2008 $3K → $2K
WEVA 2008-427 Settlement Lesnick 2008 $1K → $754
WEVA 2008-628 Settlement Lesnick 2011 $100 → $100
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Navaro Surface Mine Operation shows 100% of 94 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: 2008-10-08, 17 years ago
100%
within 1.5 mg/m3
94
samples
0.88
dust max (mg/m3)
85 samples taken by MSHA inspectors, 9 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR32
  • HIGHLIFT OPERATOR/FRONT END LOADER25
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE17

Silica (quartz)

Last sampled: 2008-10-16, 17 years ago
28.1
silica avg (%)
7
samples
46.3
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR6
  • HIGHWALL DRILL 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: 2008-04-14, 18 years ago
3%
over PEL
31
samples
Most-sampled occupations
  • BULLDOZER OPERATOR7
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE7
  • HIGHLIFT OPERATOR/FRONT END LOADER6
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
2008 100% 16
2007 100% 13
2006 100% 5
2005 100% 10
2004 100% 10
2003 100% 10
2002 100% 11
2001 100% 5
2000 100% 14
Silica (quartz) by year
Year silica avg (%) samples
2008 10.3 1
2007 38.2 2
2004 31.1 1
2000 26.2 3
Noise by year
Year over PEL samples
2008 0% 5
2007 0% 5
2006 0% 5
2005 0% 5
2004 0% 5
2003 17% 6
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Navaro Surface Mine Operation recorded 0.00 reportable injury cases per 100 full-time workers in 2008.

Injury rate, 2008
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 4.41 and the all-US-mining average was 3.61 cases per 100 workers.
In West Virginia, coal mining averaged 4.91 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
2008 * 0.00 0.00 0.000
2007 * 0.00 0.00 0.000
2006 * 0.00 0.00 0.000
2005 * 3.26 3.26 0.000
2004 * 0.00 0.00 0.000
2003 * 0.00 0.00 0.000
2002 * 0.00 0.00 0.000
2001 * 10.30 10.30 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. Firetower Mining Inc 1999 to 2001
  2. Mt View Resources Inc 2001 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)
2009 4 28,327
2008 26 129,783
2007 27 143,301
2006 28 167,294
2005 27 154,796
2004 22 137,986
2003 10 92,276
2002 10 54,831
2001 18 122,808
2000 12 61,914
Source: MSHA quarterly employment and production, updated weekly.

Navaro Surface Mine Operation sits in McDowell County, West Virginia, where the Census mining category is 13.0% 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.
McDowell County, West Virginia · Population 18,413
13.0%
Mining share of county employment
$29,980
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
2009 Q4 0 0 0
2009 Q3 1,859 0 0 0.0
2009 Q2 3,662 0 0 0.0
2009 Q1 2,033 0 0 0.0
2008 Q4 11,549 7 4 606.1
2008 Q3 15,208 0 0 0.0
2008 Q2 15,382 9 5 585.1
2008 Q1 17,204 0 0 0.0
Show 31 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2007 Q4 17,077 11 3 644.1
2007 Q3 13,843 0 0 0.0
2007 Q2 17,185 13 11 756.5
2007 Q1 13,862 1 1 72.1
2006 Q4 15,553 0 0 0.0
2006 Q3 17,374 0 0 0.0
2006 Q2 16,796 9 7 535.8
2006 Q1 18,829 0 0 0.0
2005 Q4 14,773 9 9 609.2
2005 Q3 16,988 0 0 0.0
2005 Q2 13,629 10 7 733.7
2005 Q1 16,047 0 0 0.0
2004 Q4 16,582 19 9 1145.8
2004 Q3 13,237 0 0 0.0
2004 Q2 11,626 11 10 946.2
2004 Q1 7,584 0 0 0.0
2003 Q4 8,147 4 2 491.0
2003 Q3 8,260 0 0 0.0
2003 Q2 5,524 11 8 1991.3
2003 Q1 4,569 0 0 0.0
2002 Q4 7,034 6 5 853.0
2002 Q3 3,885 0 0 0.0
2002 Q2 2,318 0 0 0.0
2002 Q1 8,258 8 6 968.8
2001 Q4 12,982 0 0 0.0
2001 Q3 11,658 3 0 257.3
2001 Q2 10,255 0 0 0.0
2001 Q1 3,929 0 0 0.0
2000 Q3 3,984 0 0 0.0
2000 Q2 6,635 5 1 753.6
2000 Q1 1,650 0 0 0.0
No fatalities recorded at this mine.

Reportable incidents

3 on file

2005 · 1 incident

August 23, 2005 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Mt View Resources Inc · Over-exertion in lifting objects

PICKED UP THE HOOD OF A TRUCK TO CHECK THE OIL. STRAINED BACK WHILE LIFTING

2001 · 2 incidents

October 23, 2001 WV · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer HANDLING OF MATERIALS
Mt View Resources Inc · Contact with hot objects or substances

TAKING RADIATOR CAP OFF DOZER WHILE HOT.