EX-95 6 exhibit95.htm EXHIBIT Exhibit 95


Exhibit 95
 
MSHA Citations and Litigation
 
Pursuant to Section 1503 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), operators of a coal or other mine that file reports under Section 13(a) of the Exchange Act must include in each periodic report filed with the SEC certain information regarding health and safety violations at their mines.
 
The Dodd-Frank Act requires disclosure of the following categories of violations, orders and citations under the Federal Mine Safety and Health Act of 1977 (“Mine Act”): (1) Section 104 S&S Citations, which are citations issued for violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a mine safety or health hazard; (2) Section 104(b) Orders, which are orders issued upon a follow up inspection where the inspector finds the violation previously cited has not been totally abated in the prescribed time period; (3) Section 104(d) Citations and Orders, which are issued upon violations of mandatory health or safety standards caused by an unwarrantable failure of the operator to comply with the standards; (4) Section 110(b)(2) Violations, which result from the reckless and repeated failure to eliminate a known violation; (5) Section 107(a) Orders, which are given when the Mine Safety and Health Administration “MSHA” determines that an imminent danger exists and results in an order of immediate withdrawal from the area of the mine affected by the condition; and (6) written notices from MSHA of a pattern or potential to have a pattern of violations of mandatory health or safety standards that are of such nature as could have significantly and substantially contributed to the cause and effect of mine health or safety hazards under Section 104(e). In addition, the Dodd-Frank Act requires the disclosure of the total dollar value of proposed assessments from MSHA under the Mine Act, and the total number of mining related fatalities.
 
During the nine months ended November 30, 2013, none of our operations: (i) received Section 104(b) Orders; (ii) had any flagrant violations under Section 110(b)(2); (iii) received section 104(d) Citations and Orders, which are issued upon violations of mandatory health or safety standards caused by an unwarrantable failure of the operator to comply with the standards; (iv) received notice from MSHA of a pattern of violations of mandatory health or safety standards under Section 104(e); or (v) had any mining-related fatalities.
 
The subsequent table lists the number of inspections, the number of S&S citations and the total dollar value of proposed assessments from MSHA under the Mine Act for the quarterly period ended November 30, 2013.
 
 
 
Number
of
 
Total
Number
of S&S
 
Mine
Act
§ 104(b)
 
Mine Act
§ 104(d)
Citations
and
 
Mine
Act
§
110(b)2
 
Mine
Act §
107(a)
 
Total Dollar
Value of
Proposed
MSHA
 
Total
Number
of Mining
Related
 
Received
Written
Notice
under Mine
Act
§104(e)
Name of Operation *
 
Inspections
 
Citations
 
Orders
 
Orders
 
Violations
 
Orders
 
Assessments
 
Fatalities
 
(yes/no)
ALFRED STATION
 
1

 

 

 

 

 

 
$

 

 
No
CENTRAL CITY
 
1

 

 

 

 

 

 
200

 

 
No
COMO
 
1

 

 

 

 

 

 

 

 
No
ELIZABETHVILLE
 
2

 
2

 

 

 

 

 

 

 
No
FAIRFIELD
 
1

 

 

 

 

 

 

 

 
No
FRANKLINVILLE
 
1

 

 

 

 

 

 

 

 
No
GETTYSBURG
 
1

 

 

 

 

 

 
308

 

 
No
HONEYBROOK
 
1

 
1

 

 

 

 

 
660

 

 
No
MARTINS CREEK
 
1

 

 

 

 

 

 

 

 
No
MT. CYDONIA III
 

 

 

 

 

 

 
200

 

 
No
NAGINEY
 
1

 
1

 

 

 

 

 

 

 
No
NARVON
 
1

 

 

 

 

 

 

 

 
No
NAZARETH
 
1

 

 

 

 

 

 

 

 
No
ORMROD
 
1

 
1

 

 

 

 

 

 

 
No
ROARING SPRING
 
1

 

 

 

 

 

 
300

 

 
No
SCHOENECK
 
1

 
1

 

 

 

 

 

 

 
No
SHAMOKIN
 
1

 

 

 

 

 

 

 

 
No
SHE SHE QUIN
 
1

 

 

 

 

 

 
100

 

 
No
SOMERSET
 
2

 
1

 

 

 

 

 
885

 

 
No
TYRONE FORGE
 
1

 

 

 

 

 

 

 

 
No
WEHRLE
 

 

 

 

 

 

 
176

 

 
No
TOTALS
 
21

 
7

 

 

 

 

 
$
2,829

 

 
 
 

*Only operations that have received violations, citations, orders and/or proposed assessments issued under the Mine Act have been included in this table.