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Date of report (Date of earliest event reported): April 27, 2023

(Exact Name of Registrant as Specified in Charter)

 

(State or Other Jurisdiction of Incorporation) 

 

 

(Registrant’s telephone number, including area code)

 

(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging Growth Company      ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨ 

On April 27, 2023, Nicholas Contura, LLC (“Nicholas”), an indirect subsidiary of Alpha Metallurgical Resources, Inc., received an imminent danger order issued by the Mine Safety and Health Administration (“MSHA”) under section 107(a) of the Federal Mine Safety and Health Act of 1977. The order was issued to the Jerry Fork Eagle mine (the “Mine”), located near Drennen, West Virginia.

The order alleged that a portion of the Mine was not receiving the required minimum airflow and that an accumulation of elevated methane was detected in the area. All miners were withdrawn (other than those needed to correct the condition) and adjustments were made to ensure the ventilation in the affected area was appropriate.

No injuries occurred in connection with the action, and MSHA terminated the imminent danger order immediately following the completion of the actions described above.

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.