Mining Incidents

NEV #1: 96 MSHA citations Coal

Controlled by Emmy Marquess
Appalachia, Va, Wise County, VA  ·  Temporarily Idled
MSHA Mine ID: 4407394

NEV #1 has $45K in proposed MSHA penalties and $33K outstanding across 0 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
3
Years on record
2019–2022
Latest incident
Aug 2022
Compliance record
MSHA citations since 2019
96
citations
23
significant & substantial
$44,925
proposed penalties
$12,201
paid to date
27% of proposed penalties paid to date, a $32,724 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2019
21
inspections on record
1,129
inspection hours
8.5
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.
96 citations across 1,129 inspection hours.
Source: MSHA inspections data, updated weekly.

NEV #1 has $45K in proposed MSHA penalties and $33K outstanding across 0 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.
$45K
proposed penalties
$45K
current assessed
$12K
paid to date
$33K
outstanding
94 assessments are final orders; 0 contested dockets.
As of the most recent assessment on 2023-05-16.
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.
24.5%
significant & substantial
27.7%
high negligence or reckless
24.5%
reasonably likely or greater
51.1%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 23.4% low, 48.9% moderate, 27.7% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.

MSHA sampling at NEV #1 shows 100% of 91 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: 2023-05-22, 3 years ago
100%
within 1.5 mg/m3
91
samples
1.09
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.
57 samples taken by MSHA inspectors, 34 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR36
  • HIGHWALL DRILL OPERATOR25
  • BACKHOE OPERATOR9

Silica (quartz)

Last sampled: 2022-12-13, 3 years ago
11.3
silica avg (%)
13
samples
25.2
silica max (%)
Most-sampled occupations
  • HIGHWALL DRILL OPERATOR8
  • BULLDOZER OPERATOR4
  • BACKHOE 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: 2022-12-21, 3 years ago
0%
over PEL
26
samples
Most-sampled occupations
  • BULLDOZER OPERATOR9
  • HIGHLIFT OPERATOR/FRONT END LOADER6
  • BACKHOE OPERATOR5
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
2023 100% 6
2022 100% 11
2021 100% 3
2020 100% 40
2019 100% 31
Silica (quartz) by year
Year silica avg (%) samples
2022 14.3 1
2021 2.2 1
2020 12.2 7
2019 11.2 4
Noise by year
Year over PEL samples
2022 0% 7
2021 0% 3
2020 0% 11
2019 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

NEV #1 recorded 3.32 reportable injury cases per 100 full-time workers in 2020.

Injury rate, 2020
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.
3.32
total case rate
3.32
days-away rate
0.000
fatality rate
About average. The US coal mining average was 3.19 and the all-US-mining average was 2.08 cases per 100 workers.
In Virginia, coal mining averaged 3.71 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
2020 * 3.32 3.32 0.000
2019 * 3.51 3.51 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. JMAC LEASING INC 2019 to 2021
  2. Next Endeavor Ventures LLC 2021 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 0
2023 5 16,647
2022 9 18,385
2021 5 62,481
2020 25 235,148
2019 24 159,343
Source: MSHA quarterly employment and production, updated weekly.

NEV #1 sits in Wise County, Virginia, where the Census mining category is 5.9% 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.
Wise County, Virginia · Population 35,727
5.9%
Mining share of county employment
$50,740
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 Q1 0 0 0
2023 Q4 0 0 0
2023 Q3 0 0 0
2023 Q2 2,310 8 2 3463.2
2023 Q1 8,574 3 0 349.9
2022 Q4 7,911 18 9 2275.3
2022 Q3 4,708 1 0 212.4
2022 Q2 2,513 0 0 0.0
Show 13 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2022 Q1 4,670 2 2 428.3
2021 Q4 4,907 0 0 0.0
2021 Q3 2,707 12 1 4433.0
2021 Q2 421 0 0 0.0
2021 Q1 2,363 0 0 0.0
2020 Q4 12,835 7 1 545.4
2020 Q3 16,381 0 0 0.0
2020 Q2 14,104 12 4 850.8
2020 Q1 16,913 7 1 413.9
2019 Q4 15,572 1 1 64.2
2019 Q3 13,217 12 1 907.9
2019 Q2 17,528 0 0 0.0
2019 Q1 10,653 1 0 93.9
No fatalities recorded at this mine.

Reportable incidents

3 on file

2022 · 1 incident

August 29, 2022 VA · Coal master mechanic, foreman, supervisor HANDLING OF MATERIALS
Next Endeavor Ventures LLC · Caught in, under or between a moving and a stationary object

Foreman injured right ring finger while assisting a vendor unload 250 gallon tote of oil on 08/29/2022. Medical treatment given to injured meets criteria of 50.20.3. Foreman has metal cover on injured finger and flinger is currently bandaged and immobilized. The injured has made follow-up appointment with orthopedic surgeon.

2020 · 1 incident

October 7, 2020 VA · Coal rotary bucket excavator operator HANDLING OF MATERIALS
JMAC LEASING INC · Over-exertion in pulling or pushing objects

Employee felt "stinging" in EE's shoulder while pulling self onto first step of excavator.

2019 · 1 incident

July 29, 2019 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech SLIP OR FALL OF PERSON
JMAC LEASING INC · Over-exertion (Not Elsewhere Classified)

Employee slipped while dismounting Mack Lube Truck after maintenance.