Mining Incidents

Peach Orchard Prep Plant & Loading Facil: 1 recorded fatality Coal

Controlled by John Mitch Potter
.Bickmore, Clay County, WV  ·  Active
MSHA Mine ID: 4608376

Peach Orchard Prep Plant & Loading Facil has $14K in proposed MSHA penalties and $5K outstanding across 1 contested dockets, plus health sampling and the full incident record.

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Fatalities
1
Total incidents
24
Years on record
1995–2024
Latest incident
Feb 2024
Compliance record
MSHA citations since 2000
91
citations
16
significant & substantial
$13,959
proposed penalties
$8,403
paid to date
60% of proposed penalties paid to date, a $5,556 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2000
81
inspections on record
3,423
inspection hours
2.7
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.
91 citations across 3,423 inspection hours.
Source: MSHA inspections data, updated weekly.

Peach Orchard Prep Plant & Loading Facil has $14K in proposed MSHA penalties and $5K 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.
$14K
proposed penalties
$13K
current assessed
$8K
paid to date
$5K
outstanding
86 assessments are final orders; 1 contested dockets.
Of $2K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2026-06-09.
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.
17.6%
significant & substantial
0.0%
high negligence or reckless
17.6%
reasonably likely or greater
28.6%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 16.5% low, 83.5% 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.
4 citations taken to the federal commission · 4% of citations on record
  • Settled 4 · 100%
100%
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 1 decided S&S contests · industry: 79%
29%
Penalty reduction in decided contests
$2K proposed, $2K 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 2012-11-26.
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 2013-240 Settlement Barbour 2013 $2K → $2K
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Peach Orchard Prep Plant & Loading Facil shows 100% of 218 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: 2026-08-05
100%
within 1.5 mg/m3
218
samples
1.39
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.
163 samples taken by MSHA inspectors, 55 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR101
  • BELT MAN/CONVEYOR MAN26
  • UTILITY MAN26

Silica (quartz)

Last sampled: 2026-02-25
2.2
silica avg (%)
10
samples
4.8
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR10

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: 2026-02-19
19%
over PEL
85
samples
Most-sampled occupations
  • UTILITY MAN19
  • BULLDOZER OPERATOR14
  • CLEANING PLANT OPERATOR9
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
2026 100% 11
2025 100% 23
2024 100% 20
2023 100% 23
2022 100% 5
2013 100% 5
2012 100% 13
2011 100% 10
2010 100% 13
2009 100% 22
2008 100% 12
2005 100% 5
2004 100% 8
2003 100% 5
2002 100% 13
2001 100% 18
2000 100% 12
Silica (quartz) by year
Year silica avg (%) samples
2026 3.8 1
2025 1
2024 4.8 1
2023 1.6 3
2009 1.0 1
2008 1
2001 0.9 1
2000 1
Noise by year
Year over PEL samples
2026 0% 3
2025 0% 6
2024 0% 5
2023 0% 5
2022 0% 4
2013 0% 5
2012 17% 12
2011 17% 6
2010 0% 5
2009 40% 5
2008 33% 3
2002 35% 20
2001 0% 1
2000 60% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Peach Orchard Prep Plant & Loading Facil recorded 0.00 reportable injury cases per 100 full-time workers in 2025.

Injury rate, 2025
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 3.19 and the all-US-mining average was 1.97 cases per 100 workers.
In West Virginia, coal mining averaged 3.89 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
2025 * 0.00 0.00 0.000
2024 * 0.00 0.00 0.000
2023 * 0.00 0.00 0.000
2012 * 0.00 0.00 0.000
2011 0.00 0.00 0.000
2010 * 0.00 0.00 0.000
2009 0.00 0.00 0.000
2008 1.19 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. Fola Coal Company LLC 1993 to 2013
  2. Fola Coal Company, L.L.C. 2013 to 2016
  3. Southeastern Land L.L.C. 2016 to 2020
  4. WV Reclaim Company, L.L.C. 2020 to 2022
  5. Screaming Eagle Coal LLC 2022 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
Year Employees
2026 16
2025 11
2024 19
2023 18
2022 4
2021 0
2020 0
2019 0
2018 0
2017 0
2016 0
2015 0
2014 0
2013 4
2012 41
2011 46
2010 39
2009 73
2008 80
2007 79
2006 71
2005 71
2004 62
2003 56
2002 53
2001 51
2000 51
Source: MSHA quarterly employment and production, updated weekly.

Peach Orchard Prep Plant & Loading Facil sits in Clay County, West Virginia, where the Census mining category is 5.5% 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.
Clay County, West Virginia · Population 7,946
5.5%
Mining share of county employment
$42,790
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
2026 Q2 10,087 0 0 0.0
2026 Q1 9,408 0 0 0.0
2025 Q4 7,487 2 0 267.1
2025 Q3 6,762 7 1 1035.2
2025 Q2 6,091 0 0 0.0
2025 Q1 4,870 0 0 0.0
2024 Q4 5,003 0 0 0.0
2024 Q3 11,736 0 0 0.0
Show 98 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q2 14,196 0 0 0.0
2024 Q1 13,002 0 0 0.0
2023 Q4 11,312 0 0 0.0
2023 Q3 12,268 0 0 0.0
2023 Q2 11,385 2 0 175.7
2023 Q1 10,291 0 0 0.0
2022 Q4 2,915 0 0 0.0
2022 Q3 2,573 2 0 777.3
2022 Q2 3,959 0 0 0.0
2022 Q1 0 0 0
2021 Q4 0 0 0
2021 Q3 0 0 0
2021 Q2 0 0 0
2021 Q1 0 0 0
2020 Q4 0 0 0
2020 Q3 0 0 0
2020 Q2 0 0 0
2020 Q1 0 0 0
2019 Q4 0 0 0
2019 Q3 0 0 0
2019 Q2 0 0 0
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
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 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 10 1 0 100000.0
2013 Q2 0 0 0
2013 Q1 11,132 1 0 89.8
2012 Q4 20,003 1 0 50.0
2012 Q3 21,121 1 0 47.3
2012 Q2 23,078 0 0 0.0
2012 Q1 28,333 2 0 70.6
2011 Q4 29,490 0 0 0.0
2011 Q3 31,323 1 1 31.9
2011 Q2 30,351 6 1 197.7
2011 Q1 31,281 3 0 95.9
2010 Q4 28,620 0 0 0.0
2010 Q3 24,783 1 1 40.4
2010 Q2 21,780 0 0 0.0
2010 Q1 23,919 1 0 41.8
2009 Q4 21,437 0 0 0.0
2009 Q3 34,133 3 0 87.9
2009 Q2 36,207 0 0 0.0
2009 Q1 43,283 8 3 184.8
2008 Q4 39,779 0 0 0.0
2008 Q3 41,349 0 0 0.0
2008 Q2 43,456 1 0 23.0
2008 Q1 43,861 2 2 45.6
2007 Q4 38,606 0 0 0.0
2007 Q3 44,745 3 0 67.0
2007 Q2 38,998 0 0 0.0
2007 Q1 42,991 5 1 116.3
2006 Q4 40,137 0 0 0.0
2006 Q3 39,552 0 0 0.0
2006 Q2 40,554 0 0 0.0
2006 Q1 39,864 0 0 0.0
2005 Q4 38,714 0 0 0.0
2005 Q3 39,995 0 0 0.0
2005 Q2 40,215 2 0 49.7
2005 Q1 40,427 0 0 0.0
2004 Q4 34,113 0 0 0.0
2004 Q3 32,660 0 0 0.0
2004 Q2 30,504 0 0 0.0
2004 Q1 33,685 0 0 0.0
2003 Q4 30,462 0 0 0.0
2003 Q3 32,670 0 0 0.0
2003 Q2 31,784 0 0 0.0
2003 Q1 28,913 0 0 0.0
2002 Q4 27,022 0 0 0.0
2002 Q3 26,647 0 0 0.0
2002 Q2 29,497 0 0 0.0
2002 Q1 30,708 0 0 0.0
2001 Q4 28,124 0 0 0.0
2001 Q3 28,556 0 0 0.0
2001 Q2 29,504 1 0 33.9
2001 Q1 30,084 0 0 0.0
2000 Q4 28,256 2 0 70.8
2000 Q3 29,348 0 0 0.0
2000 Q2 29,585 0 0 0.0
2000 Q1 31,369 0 0 0.0

Fatalities at this mine

1 recorded
January 9, 1995 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator Fatality · SLIP OR FALL OF PERSON
Fola Coal Company LLC · Fall from machine

EMPLOYEE WAS USING A HOIST TO GET A PIPE DISTRIBUTION BOX UNDER A WASHER IN A COAL PREPARATION PLANT.HE WAS STANDING ON A VIBRATING SCREEN WHEN THE BOX SWUNG AROUND AND KNOCKED HIS LEG OUT FRO M UNDER HIM.HE FELL INTO THE SCREEN AND DOWN A CHUTE TO THE NEXT FLOOR.

Reportable incidents

23 on file (excluding fatalities above)

2024 · 1 incident

February 15, 2024 WV · Coal steel worker, iron metal worker, iron worker MACHINERY
Screaming Eagle Coal LLC · Struck by... (Not Elsewhere Classified)

Employee was cutting a piece of angle iron with a grinder. The grinder kicked back and struck the employee in the left lower leg causing an approximate 2-inch laceration which required 12 stitches.

2013 · 1 incident

July 3, 2013 WV · Coal outside foreman, leadman DUST DISEASE OF LUNGS
Fola Coal Company LLC · Inhalation of radiations, caustics, toxic and noxious substances

The company was notified 7-3-2013 that ee qualified for a occupational pneumoconiosis claim

2008 · 2 incidents

April 24, 2008 WV · Coal miner, prospector, nec SLIP OR FALL OF PERSON
Fola Coal Company LLC · Over-exertion (Not Elsewhere Classified)

EE was using a come-a-long to secure a steel frame to the forks of a forklift to move to another location. While pulling on the come-a-long, his feet were muddy and he slipped. While catching himself,to keep from falling in the mud, he grabbed the steel beam and felt like he may have sprained his right arm.

March 24, 2008 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator DISORDERS (REPEATED TRAUMA)
Fola Coal Company LLC · (Not Elsewhere Classified)

Occupational Illness noise induced hearing loss per an award from compensation (medical report).

2007 · 1 incident

February 8, 2007 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator DISORDERS (REPEATED TRAUMA)
Fola Coal Company LLC · (Not Elsewhere Classified)

Medical report for noise induced hearing loss - WV Compensation award of 3.3%.

2006 · 1 incident

May 25, 2006 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman POWERED HAULAGE
Fola Coal Company LLC · Struck against a moving object

Employee was operating a fork truck on an incline and lost control, striking a berm on the offside and overturning in the roadway. He was wearing a seatbelt and task training had been provided.

2005 · 4 incidents

May 21, 2005 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver SLIP OR FALL OF PERSON
Fola Coal Company LLC · Fall from machine

Employee jumped off truck bed instead of using ladder on side of truck; injury to his right foot.

April 16, 2005 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator HANDLING OF MATERIALS
Fola Coal Company LLC · Over-exertion in lifting objects

EE STATED HE HURT HIS BACK CARRYING BOLTS AT THE JOB SITE AND SAID MAYBE IT GOT HURT UP ON THE HILL.

March 5, 2005 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech OTHER
Fola Coal Company LLC · Caught in, under or between a moving and a stationary object

EE was cleaning floor area at double doors of #2 plant and the wind blew the door closed on his left hand, causing injuries to his left thumb.

January 7, 2005 WV · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Fola Coal Company LLC · Fall from machine

Employee attempted to descend the side of the static thickener using a piece of grading as a handhold. Grading came loose causing him to fall.

2004 · 5 incidents

December 28, 2004 WV · Coal haul/off road/coal/ore/pit/quarry/rock/rubber tire truck driver, transportation truck driver HANDTOOLS (NONPOWERED)
Fola Coal Company LLC · Over-exertion (Not Elsewhere Classified)

TRUCK DRIVER SPRAINED ANKLE WHILE TIGHTENING A WHEEL ON TRUCK WITH 3/4"RACKET & SOCKET.

June 1, 2004 WV · Coal prep plant foreman, supervisor, mill plant supervisor, kiln supervisor MACHINERY
Fola Coal Company LLC · Over-exertion (Not Elsewhere Classified)

Ee was welding inside loadout bin. He was moving from one angle to another and twisted his left knee.

February 3, 2004 WV · Coal

WHILE WORKING ON ENGINE HE KNELT DOWN IN THE MUD AND HIT HIS KNEE ON A ROCK.

2000 · 1 incident

September 30, 2000 WV · Coal beltman, conveyor man, conveyor belt worker, mobile bridge carrierman, feeder operator, conveyor rider HANDLING OF MATERIALS
Fola Coal Company LLC · Over-exertion in pulling or pushing objects

EE WAS ISNTALLING BAG OF FLOG, WHILE PUSHING THE ROCK BAG ON THE TROLLEY THE TROLLEY HUNG UP ON A PIECE OF RUBBER AROUND THE TROLLEY WAY. THE EE SECOND EFFORT TO MOVE THE FLOC CREATED A SHARP PAIN IN HIS LOWER BACK. THE EE CONTINUED TO WORKHIS REGULAR JOB AT FULL CAPACITY UNTIL 10-2-00, AT THIS TIME THE OCCURRENCE BECAME REPORTABLE DUE TO WORK DAYS MISSED.

1996 · 1 incident

November 4, 1996 WV · Coal superintendent HANDTOOLS (NONPOWERED)
Fola Coal Company LLC · Struck by... (Not Elsewhere Classified)

CLOSING VALVE WITH WRENCH. THE WRENCH SLIPPED OFF AND HIT EMPLOYEE ABOVE RIGHT EYE. SMALL CUT REQUIRING SEVERAL STITCHES.

1995 · 6 incidents

July 10, 1995 WV · Coal warehouseman, bagger, palletizer/stacker, store keeper, packager, fabricator, cleaning plant operator POWERED HAULAGE
Fola Coal Company LLC · Fall from machine

FOLLOWING END OF WORK SHIFT, EMPLOYEE GOT ON PERSONAL 4-WHEELER TO PROCEED HOME. LEAVING PROPERTY ON A DOWN HILL GRADE, EMPLOYEE LOST CONTROL IN A RIGHT HAND CURVE AND TURNED OVER INTO A DITCH SUMP.

June 19, 1995 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech POWERED HAULAGE
Fola Coal Company LLC · Fall from machine

PASSENGER IN A COMPNAY BOOM TRUCK.THE TRUCK BECAME A RUNAWAY AND THE EMPLOYEE JUMPED CLEAR OF THE TRUCK.

June 19, 1995 WV · Coal welder (shop) POWERED HAULAGE
Fola Coal Company LLC · Struck against a moving object

OPERATOR WAS DRIVING THE BOOM TRUCK DOWN ACCESS ROAD TO THE CLEAN COAL TUNNEL AREA. THE TRUCK BECAME A RUNAWAY. THE OPERATOR TRIED TO DOWNSHIFT UNSUCCESSFULLY. THE PASSENGER OF THE TRUCK JUMPE D WHILE THE OPERATOR RODE IT OUT, TILL THE TRUCK OVERTURNED. BOTH THE OPERATOR AND PASSENGER WERE TAKEN TO THE HOSPITAL.

March 31, 1995 WV · Coal HANDLING OF MATERIALS
Fola Coal Company LLC · Over-exertion in lifting objects

EMPLOYEE WAS CARRYING AN OXYGEN BOTTLE WITH ANOTHER EMPLOYEE. EMPLOYEE NOW COMPLAINS OF A KNOT IN HIS LOWER ABDOMEN WHICH HE STRAINED WHILE CARRYING THE OXYGEN BOTTLE A DISTANCE OF ABOUT 10 FT .

March 22, 1995 WV · Coal HANDLING OF MATERIALS
Fola Coal Company LLC · Over-exertion (Not Elsewhere Classified)

EE WAS PAINTING BOLTS IN THE PREPARATION PLANT. HE STEPPED OFF A LADDER INTO THE MIDDLE OF AN X BRACE AND STRAINED HIS TESTICLE.

January 7, 1995 WV · Coal welder (shop) SLIP OR FALL OF PERSON
Fola Coal Company LLC · Fall to the walkway or working surface

EMPLOYEE SLIPPED WHILEDESCENDING DOWN A SLOPE TO ENTER THE RAW COAL TUNNEL AT THE PREPARATION PLANT.IT WAS RAINING WITH SNOW MIXED IN AT THE TIME OF THE ACCIDENT. EMPLOYEE TWISTED HIS KNEE.