EX-95 12 dd-12312012xex95.htm EX-95 DD-12.31.2012-EX95

Exhibit 95

MINE SAFETY DISCLOSURES

The company owns and operates a surface mine near Starke, Florida. The following table provides information about citations, orders and notices issued from the Mine Safety and Health Administration (MSHA) under the Federal Mine Safety and Health Act of 1977 (Mine Act) for the year ended December 31, 2012.

Mine
(MSHA
Identification
Number)
Section
104
S&S1 
Citations
(#)
Section
104(b)
Orders
(#)
Section
104(d)
Citations
and
Orders
(#)
Section
110(b)(2)
Violations
(#)
Section
107(a)
Orders
(#)
Total
Dollar
Value of
MSHA
Assessments
Proposed
($)
Total
Number
of
Mining
Related
Fatalities
(#)
Received
Notice of
Pattern of
Violations
Under
Section
104(e)
(yes/no)
Received
Notice of
Potential
to Have
Pattern
Under
Section
104(e)
(yes/no)
Legal
Actions
Pending
as of
Last Day
of Period
(#)
Legal
Actions
Initiated
During
Period
(#)
Legal
Actions
Resolved
During
Period
(#)
Starke, FL
(0800225)
16

—

—

—

1

2 
$
35,138

—

No
No
4

3 

5

2

3 

1. 
S&S refers to significant and substantial violations of mandatory health or safety standards under section 104 of the Mine Act.
2. 
On February 8, 2012, the company received an imminent danger order under Section 107(a) of the Mine Act. In December 2012, the order was vacated by the Federal Mine Safety and Health Review Commission (FMSHRC), noting there was no imminent danger when the order was issued.
3. 
Four legal actions were pending before the FMSHRC involving the company’s contest of proposed penalties related to citations issued in 2012. In 2012, two legal actions were resolved which resulted in the following: i) the imminent danger order received by the company was vacated as noted above and ii) 8 S&S designations from citations issued in 2011 were deleted.