According to local newspaper, the Lexington Herald-Leader, the North Fork No. 4 mine in Letcher County was closed July 29 after a methane ignition occurred during retreat mining.

The US Mine Safety and Health Administration citation said that Anthony Esteves, Curtis Scott and Stephen Countiss sent the 12 miners into the mine despite regulations that “only company officials and persons selected by company officials” are permitted in a section, or those deemed necessary for worker safety or to conduct an investigation.

On August 19, the citation noted, workers completed construction in the section that was not part of the mine’s approved seal construction plan, and two months later reported to MSHA that it had completed training relevant to the incident.

No one was hurt during the ignition or while the workers were sent underground, the news outlet said. The violation of MSHA’s mandate carries a fine of $US250,000 and up to a year in prison.

The indictments were handed down last Thursday in a federal court.

North Fork Coal, which operates the No. 4 mine, was owned by Black Mountain Resources at the time of the incident. It is now owned by Massey Energy.

MSHA did not respond to an ILN request for comment before press time, and former owner Black Mountain Resources did not release public comment.

Massey purchased Black Mountain Resources in April, after the incident occurred, but released a statement that it would closely monitor the situation.

"Massey takes allegations of safety wrongdoing very seriously. It is important to remember that the miners have due process rights and are presumed innocent until proven guilty," a spokesperson said.

"Massey Energy expects all of its miners to follow state and federal laws as well as company policies, which are often more stringent."

According to federal records, North Fork No. 4 reported 10 non-fatal days lost operator injuries in 2009, when it produced just over 264,000 tons of coal within 610,000 man hours.