Kentucky Office of Mine Safety and Licensing spokeswoman Linda Potter told ILN that the agency completed a probe into K&D on June 14, and issued 37 violations to the operator.

Twenty-two of those violations from its three-day review were closure orders.

“The closures involved equipment as well as areas of the mine that were deemed unsafe,” she said.

“The investigative findings have been given to our legal staff and will be reviewed for referral to the Mine Safety Review Commission.”

The OMSL confirmed that K&D may be in line for further actions at that level, including civil penalties and disciplinary actions against the individuals responsible for the safety violations.

Should the MSRC make actions against the operator, Potter said, those decisions could be appealed through the Kentucky Court of Appeals and the state Supreme Court.

The US Mine Safety and Health Administration recently ordered the closure of K&D Mining’s No 17 operation in eastern Kentucky as part of its impact inspections on May 16 after finding dust accumulations, a broken methane warning light, conveyor belt fire hazards and dozens of other violations.

Inspectors also found little to no ventilation in the working sections of the operation near Highsplint, despite the inspection being its third impact review. In all, 43 citations and orders were issued, including an order to idle operations.

The mine is owned by Ralph Napier, John North and Jack Ealy, who previously owned and operated the Kentucky Darby No 1 operations in Harlan County where five miners died in a 2006 explosion.

Kentucky Office of Mine Safety and Licensing spokesman Dick Brown told ILN at the time that the MSHA enforcement drew its interest, confirming that it had commenced a review into the developments.