EX-95 6 v336270_ex95.htm

Exhibit 95

The following disclosures are provided pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act and Item 104 of Regulation S-K, which requires certain disclosures by companies required to file periodic reports under the Securities Exchange Act of 1934, as amended, that operate mines regulated under the Federal Mine Safety and Health Act of 1977 (the “Mine Act”).

Whenever the Federal Mine Safety and Health Administration (“MSHA”) believes that a violation of the Mine Act, any health or safety standard, or any regulation has occurred, it may issue a citation or order which describes the violation and fixes a time within which the operator must abate the violation. In some situations, such as when the MSHA believes that conditions pose a hazard to persons, MSHA may issue an order requiring removal of persons from the area of the mine affected by the condition until the hazards are correction. Whenever MSHA issues a citation or order, it has authority to propose a civil penalty or fine, as a result of the violation.

The table below reflects citations and orders issued by MSHA during the year ended December 31, 2012.

Received

Notice of

Received

Potential

Legal

Mine or

Notice of

to Have

Actions

Operating

Section

Total Dollar

Total

Pattern of

Pending

Legal

Name

104(d)

Value of

Number

Violations

as of

Actions

MSHA

Section

Citations

Section

MSHA

Of Mining

Under

Last

Initiated

Resolved

Identification

104S&S

104(b)

and

110(b)(2)

107(a)

Assessments

Related

Sections

Day of

During

Number

Citations

Orders

Violations

Orders

Proposed

Fatalities

104(3)

Period

26-01871

729