Mining Incidents

Nine Mile #1: 195 MSHA citations Coal

Appalachia, Wise County, VA  ·  Abandoned and Sealed
MSHA Mine ID: 4407252

Nine Mile #1 has $379K in proposed MSHA penalties and $204K outstanding across 24 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
1
Years on record
2015
Latest incident
Nov 2015
Compliance record
MSHA citations since 2009
195
citations
71
significant & substantial
$378,921
proposed penalties
$63,479
paid to date
17% of proposed penalties paid to date, a $315,442 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2009
80
inspections on record
1,443
inspection hours
13.5
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.
195 citations across 1,443 inspection hours.
Source: MSHA inspections data, updated weekly.
Imminent-danger orders
A Section 107(a) order removes miners from an area when an inspector finds an imminent danger. Each order is lifted once the condition is corrected, so this counts orders issued, not orders now in effect.
1
Section 107(a) orders
Most recent order: 2011-06-22.
On record since 2011.
Source: MSHA imminent-danger order records, updated weekly.

Nine Mile #1 has $379K in proposed MSHA penalties and $204K outstanding across 24 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.
$379K
proposed penalties
$267K
current assessed
$63K
paid to date
$204K
outstanding
187 assessments are final orders; 24 contested dockets.
Of $364K in penalties contested before the Commission, $253K was upheld in final decisions.
As of the most recent assessment on 2018-06-11.
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.
38.0%
significant & substantial
13.4%
high negligence or reckless
38.0%
reasonably likely or greater
23.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.2% low, 83.4% moderate, 11.8% high, 1.6% 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.
83 citations taken to the federal commission · 43% of citations on record
  • Settled 78 · 94%
  • Stood as issued 5 · 6%
97%
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 64 decided S&S contests · industry: 79%
32%
Penalty reduction in decided contests
$390K proposed, $265K 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 2014-10-20.
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 2012-83 Settlement Miller 2013 $242K → $165K
VA 2012-74 Settlement Miller 2012 $19K → $12K
VA 2012-293 Settlement Koutras 2013 $18K → $16K
VA 2011-484 Settlement Miller 2012 $11K → $9K
VA 2011-710 Settlement Miller 2012 $11K → $8K
VA 2014-0448 Settlement Feldman 2016 $9K → $6K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Nine Mile #1 shows 91% of 44 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: 2018-06-26, 8 years ago
91%
within 1.5 mg/m3
44
samples
4.39
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.
15 samples taken by MSHA inspectors, 29 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR22
  • BULLDOZER OPERATOR4
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)3

Silica (quartz)

Last sampled: 2011-04-05, 15 years ago
15.0
silica avg (%)
1
samples
15.0
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER 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: 2018-06-13, 8 years ago
0%
over PEL
3
samples
Most-sampled occupations
  • BULLDOZER OPERATOR2
  • BACKHOE OPERATOR1
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
2018 100% 4
2015 100% 2
2013 100% 6
2011 88% 25
2010 86% 7
Noise by year
Year over PEL samples
2018 0% 2
2015 0% 1
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Nine Mile #1 recorded 0.00 reportable injury cases per 100 full-time workers in 2013.

Injury rate, 2013
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 3.94 and the all-US-mining average was 2.99 cases per 100 workers.
In Virginia, coal mining averaged 4.69 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
2013 * 0.00 0.00 0.000
2011 * 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
  1. Nine Mile Mining Inc 2009 to 2010
  2. Hubble Mining Company LLC 2010 to 2011
  3. Nine Mile Mining, Inc. 2011 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)
2018 0
2017 0
2016 0
2015 0
2014 2
2013 15 11,958
2012 2 687
2011 12 15,349
2010 8 12,646
2009 0
Source: MSHA quarterly employment and production, updated weekly.

Nine Mile #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
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
2017 Q1 0 0 0
2016 Q4 0 1 0
2016 Q3 0 0 0
2016 Q2 0 0 0
Show 22 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2016 Q1 0 0 0
2015 Q4 0 5 0
2015 Q3 0 0 0
2015 Q2 551 0 0 0.0
2015 Q1 0 0 0
2014 Q4 0 1 0
2014 Q3 1,040 0 0 0.0
2014 Q2 63 0 0 0.0
2014 Q1 2,712 1 0 368.7
2013 Q4 3,102 1 1 322.4
2013 Q3 5,099 5 0 980.6
2013 Q2 9,241 5 0 541.1
2013 Q1 8,551 9 2 1052.5
2012 Q4 0 0 0
2012 Q2 0 0 0
2012 Q1 1,471 3 0 2039.4
2011 Q4 4,124 0 0 0.0
2011 Q3 8,339 19 8 2278.5
2011 Q2 11,012 78 43 7083.2
2011 Q1 3,306 37 8 11191.8
2010 Q4 5,757 12 3 2084.4
2009 Q3 0 0 0
No fatalities recorded at this mine.

Reportable incidents

1 on file

2015 · 1 incident

November 17, 2015 VA · Coal bulldozer operator, universal operator, heavy equipment operator, operating engineer OTHER
Nine Mile Mining, Inc. · (Not Elsewhere Classified)

Employee's work shift ended at 3:00 pm. At approx. 4:40 pm while still on mine property picking up plastic pipe for his personal use, he suffered a massive heart attack, per Medical Examiner at Wellmont Lonesome Pine Hospital in Big Stone, VA. The Security Guard witnessed him having chest pains and going unconscious. Will send copy of death cert. when available.