-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, EIoBUDmEtPs2UkjM+EG4JeVSxPx7DKB/dLm8FOknPGPDv2udXnhp4eryAAxy0+xi Ek3V2MwBygxSJalfZQZtvw== 0000950123-10-003504.txt : 20100120 0000950123-10-003504.hdr.sgml : 20100120 20100119210926 ACCESSION NUMBER: 0000950123-10-003504 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20100118 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100120 DATE AS OF CHANGE: 20100119 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NEWMONT MINING CORP /DE/ CENTRAL INDEX KEY: 0001164727 STANDARD INDUSTRIAL CLASSIFICATION: GOLD & SILVER ORES [1040] IRS NUMBER: 841611629 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31240 FILM NUMBER: 10534700 BUSINESS ADDRESS: STREET 1: 6363 SOUTH FIDDLERS GREEN CIRCLE CITY: GREENWOOD VILLAGE STATE: CO ZIP: 80111 BUSINESS PHONE: 303-863-7414 MAIL ADDRESS: STREET 1: 6363 SOUTH FIDDLERS GREEN CIRCLE CITY: GREENWOOD VILLAGE STATE: CO ZIP: 80111 FORMER COMPANY: FORMER CONFORMED NAME: DELTA HOLDCO CORP DATE OF NAME CHANGE: 20020109 8-K 1 c94808e8vk.htm FORM 8-K Form 8-K
 
 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): January 18, 2010

Newmont Mining Corporation
(Exact name of registrant as specified in its charter)
         
Delaware   001-31240   84-1611629
(State or other Jurisdiction of Incorporation)   (Commission File Number)   (IRS Employer Identification No.)
     
6363 South Fiddlers Green Circle
Greenwood Village, CO
  80111
(Address of Principal Executive Offices)   (Zip Code)

Registrant’s telephone number, including area code: (303) 863-7414
 
 
(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:

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

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

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

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

 
 

 

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Item 8.01 Other Events.

     On January 18, 2010, Newmont Ghana Gold Limited (the “Company”), an indirect affiliate of Newmont Mining Corporation, issued a news release reporting that the Company received notification of the findings by a Ministerial Panel appointed by the Minister of Environment, Science & Technology of the Government of Ghana regarding an overflow incident that occurred on October 8, 2009, at the Company’s Ahafo Mine in Ghana. In the report, the Panel recognized that there was no regulatory framework by which to assess compensation or penalties relating to such incidents, but recommended that compensation of seven million Ghana Cedis (approximately US $4.9 million dollars) be paid by the Company. The Company has confirmed its intention to satisfy applicable compensation obligations resulting from the overflow once the final amount of compensation has been determined and that the Company is implementing appropriate corrective measures. A copy of the Company’s news release is attached hereto as Exhibit 99.1.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

     
Exhibit Number   Description
99.1
  Press Release, January 18, 2010

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SIGNATURES

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.

NEWMONT MINING CORPORATION

Dated: January 20, 2010

By: /s/ Jeffrey K. Reeser                                   
       Jeffrey K. Reeser
       Vice President and Secretary

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EXHIBIT INDEX

     
Exhibit Number   Description
99.1
  Press Release, January 18, 2010

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EX-99.1 2 c94808exv99w1.htm EXHIBIT 99.1 Exhibit 99.1

Exhibit 99.1

(NEWMONT LOGO)

NEWS RELEASE

Newmont Ghana Prepared to Finalize Compensation for Overflow Accident
Corrective measures to prevent future accidental releases also implemented

For Immediate Release

Accra, 18 January 2010 – Newmont Ghana announced today that it received notification from the Minister of Environment, Science & Technology of the report by the Ministerial Panel appointed to evaluate the Ahafo Mine Process Solution Overflow accident, which occurred on October 8, 2009. The company said it is prepared to finalize compensation for the overflow and has already implemented a number of corrective measures to prevent any future process solution releases.

In recognition of the overflow’s impact, the company made initial compensation proposals to the Panel. While the report of the Panel recognized that there was no regulatory framework by which to assess compensation or penalties relating such incidents, it recommended that substantial compensation be paid and Newmont Ghana has stated its intention to meet its compensation obligations, once the process is complete.

Newmont Ghana also has reassured the government and local communities that the safety of its neighbours, employees and the environment is its first priority and that the company is committed to operating with high standards. Newmont’s Senior Vice President for African Operations, Jeff Huspeni, emphasized, “The Company accepts responsibility for any failure to meet its standards, and we reiterate our regret and apologies for the overflow and for any anxiety caused in the local community over the safety of their drinking water supplies and fish.”

The company is reviewing the report which says, among other things, the primary causes of the accidental release included operational supervision failures and some systems and mechanical failures.

The report also provides recommendations which are focused on strengthening risk awareness, incident classification and notification criteria, and enhancing capacity to recognize and respond to emergency situations.

Newmont Ghana has rigorously reviewed and modified its control systems and monitoring procedures – with the participation of regulatory agencies – to ensure incidents like this do not happen in the future. As a result, the company implemented a number of measures to:

   
Reduce the risk of overfilling the event pond during mill shutdowns;

   
Improve the reliability of the instrumentation and level detection systems;

 

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Increase the event pond pumping capacity to redirect process solution more quickly during rain events;

   
Improve containment within the processing plant site in the event other systems fail during a process water overflow;

   
Improve and accelerate communication with stakeholders; and,

   
Improve onsite protocols and procedures.

Responding to suggestions that the company’s failure to immediately notify government regulators of the overflow were indications of a possible “cover-up,” Mr. Huspeni said that internal communications and assessment failures, along with the operational supervision lapses, resulted in the regulatory agencies not being immediately notified, which may have inadvertently created an appearance of an alleged “cover-up.”

“Our failure to communicate immediately was due, in part, to the fact that our initial assessments mistakenly determined that the overflow was contained within the process plant area. Nevertheless, we should have notified the regulatory authorities immediately, and we apologized for failing to do so. This communication failure was a mistake on our behalf, and we will not let this happen again,” Mr. Huspeni stated. “We are committed to working with the regulatory authorities to improve our reporting protocols and also to review and improve our emergency response mechanisms.”

Since the time of the overflow, water sampling has continued to confirm that there is no threat from cyanide to human health or residual environmental impact. Newmont Ghana remains engaged with the local hamlets to ensure their wellbeing and to provide fresh water.

The company says it is continuing to engage with regulators to review the causes of the overflow, its impacts and will implement any additional recommendations to ensure an accidental release of this nature does not occur again.

”We are committed to improving our processes and to reassuring local communities of Newmont Ghana’s ongoing commitment to their safety, while re-establishing confidence in our environmental controls and reporting mechanisms,” said Mr. Huspeni. “Newmont’s first priority remains the safety of our neighbors, employees and the environment.”

Media Contact: Adiki O. Ayitevie
Regional Manager, Communications
024 4330870
adiki.ayitevie@newmont.com

 

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