Mining Incidents

Surface Mine 1: 123 MSHA citations Coal

Controlled by Daniel W Bunn
Wharncliffe, Mingo County, WV  ·  NonProducing
MSHA Mine ID: 4609632

Surface Mine 1 has $73K in proposed MSHA penalties and $14K outstanding across 4 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
2
Years on record
2003–2025
Latest incident
Jun 2025
Compliance record
MSHA citations since 2022
123
citations
36
significant & substantial
$73,485
proposed penalties
$37,225
paid to date
51% of proposed penalties paid to date, a $36,260 gap.
Source: MSHA violations data, updated weekly.
Inspection activity
MSHA inspections since 2022
20
inspections on record
1,018
inspection hours
12.1
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.
123 citations across 1,018 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: 2023-09-08.
On record since 2023.
Source: MSHA imminent-danger order records, updated weekly.

Surface Mine 1 has $73K in proposed MSHA penalties and $14K 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.
$73K
proposed penalties
$51K
current assessed
$37K
paid to date
$14K
outstanding
117 assessments are final orders; 4 contested dockets.
Of $45K in penalties contested before the Commission, $23K was upheld in final decisions.
As of the most recent assessment on 2026-05-21.
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.
30.8%
significant & substantial
6.8%
high negligence or reckless
30.8%
reasonably likely or greater
32.5%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 52.1% low, 41.0% moderate, 6.8% 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.
10 citations taken to the federal commission · 8% of citations on record
  • Settled 10 · 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 6 decided S&S contests · industry: 79%
49%
Penalty reduction in decided contests
$45K proposed, $23K 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 2023-09-24.
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 2023-0530 Prevail Moran 2025 $31K → $12K
WEVA 2023-0239 Settlement Sullivan 2023 $8K → $4K
WEVA 2023-0546 Settlement 2024 $6K → $6K
WEVA 2023-0240 Settlement Sullivan 2023 $286 → $286
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Surface Mine 1 shows 100% of 55 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: 2026-04-15
100%
within 1.5 mg/m3
55
samples
0.72
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.
33 samples taken by MSHA inspectors, 22 by the operator.
Most-sampled occupations
  • BULLDOZER OPERATOR25
  • HIGHWALL DRILL OPERATOR13
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE9

Silica (quartz)

Last sampled: 2026-03-31
5.6
silica avg (%)
7
samples
8.4
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • HIGHWALL DRILL OPERATOR2

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: 2025-07-15
0%
over PEL
15
samples
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • HIGHWALL DRILL OPERATOR3
  • REFUSE TRUCK DRIVER/BACKFILL TRUCK DRIVE3
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% 7
2025 100% 18
2024 100% 14
2023 100% 16
Silica (quartz) by year
Year silica avg (%) samples
2026 6.9 1
2025 0.6 1
2024 4.7 2
2023 7.4 3
Noise by year
Year over PEL samples
2025 0% 5
2023 0% 10
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Surface Mine 1 recorded 3.90 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.
3.90
total case rate
3.90
days-away rate
0.000
fatality rate
Above 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 * 3.90 3.90 0.000
2023 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. Ben's Creek Operations WV, LLC 2022 to 2024
  2. Mega Highwall Mining, LLC 2024 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)
2026 17 19,047
2025 25 123,361
2024 26 5,280
2023 39 43,721
2022 18
Source: MSHA quarterly employment and production, updated weekly.

Surface Mine 1 sits in Mingo County, West Virginia, where the Census mining category is 15.0% 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.
Mingo County, West Virginia · Population 22,979
15.0%
Mining share of county employment
$39,527
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 4,470 2 0 447.4
2026 Q1 9,890 0 0 0.0
2025 Q4 18,257 22 5 1205.0
2025 Q3 13,264 0 0 0.0
2025 Q2 10,844 6 0 553.3
2025 Q1 8,949 2 0 223.5
2024 Q4 6,039 0 0 0.0
2024 Q3 5,762 0 0 0.0
Show 6 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2024 Q1 28,673 12 2 418.5
2023 Q4 31,271 5 1 159.9
2023 Q3 39,424 55 19 1395.1
2023 Q2 31,079 9 7 289.6
2023 Q1 19,357 4 0 206.6
2022 Q4 10,536 4 2 379.7
No fatalities recorded at this mine.

Reportable incidents

2 on file

2025 · 1 incident

June 5, 2025 WV · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech EXPLODING VESSELS UNDER PRESSURE
Mega Highwall Mining, LLC · Struck by flying object

Employee was working on Truck AC when hose and clamp on high pressure side blew off striking EE in the forehead.

2003 · 1 incident

August 4, 2003 WV · Coal POWERED HAULAGE
Unknown operator · Accident type, without injuries

Unlevel ground while dumping. Minor damage to truck.