Newcombe Creek: 40 MSHA citations Coal
Foothills Mining, LLC
· Surface
Controlled by
Channing L Frederick; Anthony T Frederick
Isonville,
Elliott County,
KY
·
Abandoned
MSHA Mine ID: 1519154
Newcombe Creek has $5K in proposed MSHA penalties and $1K 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 2008
40
citations
11
significant & substantial
$4,706
proposed penalties
$3,325
paid to date
71% of proposed penalties paid to date, a $1,381 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2007
32
inspections on record
1,258
inspection hours
3.2
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.40 citations across 1,258 inspection hours.
Source: MSHA inspections data, updated weekly.
Newcombe Creek has $5K in proposed MSHA penalties and $1K 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.$5K
proposed penalties
$5K
current assessed
$3K
paid to date
$1K
outstanding
36 assessments are final orders; 1 contested dockets.
Of $118 in penalties contested before the Commission, $118 was upheld in final decisions.
As of the most recent assessment on 2023-04-18.
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.30.6%
significant & substantial
0.0%
high negligence or reckless
30.6%
reasonably likely or greater
22.2%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 25.0% low, 75.0% moderate, 0.0% 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 · 3% of citations on record
- Settled 1 · 100%
0%
Penalty reduction in decided contests
$118 proposed, $118 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 2018-02-27.
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 |
|---|---|---|---|---|
| KENT 2018-0177 | Settlement | Bulluck | 2018 | $118 → $118 |
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.
MSHA sampling at Newcombe Creek shows 100% of 65 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: 2023-12-06
ⓘ
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
65
samples
1.48
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.52 samples taken by MSHA inspectors, 13 by the operator.
Most-sampled occupations
- BULLDOZER OPERATOR28
- HIGHLIFT OPERATOR/FRONT END LOADER9
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE8
Silica (quartz)
Last sampled: 2023-12-155.8
silica avg (%)
9
samples
10.2
silica max (%)
Most-sampled occupations
- BULLDOZER OPERATOR6
- HIGHWALL DRILL OPERATOR3
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: 2023-12-06
ⓘ
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.5%
over PEL
44
samples
Most-sampled occupations
- BULLDOZER OPERATOR18
- HIGHLIFT OPERATOR/FRONT END LOADER6
- REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE6
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% | 25 |
| 2022 | 100% | 3 |
| 2018 | 100% | 6 |
| 2017 | 100% | 3 |
| 2016 | 100% | 2 |
| 2015 | 100% | 7 |
| 2014 | 100% | 4 |
| 2009 | 100% | 5 |
| 2008 | 100% | 10 |
Silica (quartz) by year
| Year | silica avg (%) | samples |
|---|---|---|
| 2023 | 3.0 | 4 |
| 2018 | 7.4 | 1 |
| 2017 | 7.6 | 2 |
| 2016 | 10.2 | 1 |
| 2015 | 7.1 | 1 |
Noise by year
| Year | over PEL | samples |
|---|---|---|
| 2023 | 0% | 14 |
| 2018 | 0% | 5 |
| 2017 | 33% | 6 |
| 2015 | 0% | 5 |
| 2014 | 0% | 4 |
| 2009 | 0% | 5 |
| 2008 | 0% | 5 |
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Ownership history
- Howard Brothers Excavating Inc 2007 to 2013
- Barnett Energy LLC 2013 to 2015
- A & S Resources LLC 2015 to 2016
- K-Jac Energy Inc 2016 to 2017
- Brokers Neck Resources 2017 to 2022
- Foothills Mining, LLC 2022 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) |
|---|---|---|
| 2023 | 13 | 33,981 |
| 2022 | 17 | 10,737 |
| 2017 | 2 | 665 |
| 2008 | 9 | 37,630 |
| 2007 | 0 |
Source: MSHA quarterly employment and production, updated weekly.
Newcombe Creek sits in Elliott County, Kentucky, where the Census mining category is 0.0% 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.Elliott County, Kentucky · Population 7,336
0.0%
Mining share of county employment
$40,074
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 |
|---|---|---|---|---|
| 2023 Q3 | 6,450 | 0 | 0 | 0.0 |
| 2023 Q2 | 6,584 | 1 | 1 | 151.9 |
| 2023 Q1 | 8,957 | 3 | 0 | 334.9 |
| 2022 Q4 | 9,996 | 0 | 0 | 0.0 |
| 2017 Q3 | 80 | 0 | 0 | 0.0 |
| 2017 Q2 | 264 | 1 | 0 | 3787.9 |
| 2017 Q1 | 305 | 0 | 0 | 0.0 |
| 2008 Q4 | 5,039 | 0 | 0 | 0.0 |
Show 4 earlier quarters Hide earlier quarters
| Quarter | Hours worked | Citations | S&S | Per 1M hrs |
|---|---|---|---|---|
| 2008 Q3 | 4,175 | 0 | 0 | 0.0 |
| 2008 Q2 | 3,398 | 4 | 1 | 1177.2 |
| 2008 Q1 | 1,800 | 2 | 0 | 1111.1 |
| 2007 Q4 | 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.