EX-95.1 9 pcx_ex951x20121231.htm EXHIBIT 95.1 PCX_EX95.1_2012.12.31


EXHIBIT 95.1

Mine Safety Information

On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) was enacted. Section 1503 of the Act contains new reporting requirements regarding coal or other mine safety.
Patriot is committed to providing a safe workplace for all of our employees. We continue to engage proactively with federal and state agencies in support of measures which can legitimately improve the safety and well-being of our employees.
The operation of our mines is subject to regulation by the federal Mine Safety and Health Administration (MSHA) under the Federal Mine Safety and Health Act of 1977 (the Mine Act). MSHA inspects our mines on a regular basis and issues various citations and orders when it believes a violation has occurred under the Mine Act. We present information below regarding certain mining safety and health citations which MSHA has issued with respect to our coal mining operations. In evaluating this information, consideration should be given to factors such as: (i) the number of citations and orders will vary depending on the size of the coal mine, (ii) the number of citations issued will vary from inspector to inspector and mine to mine, and (iii) citations and orders can be contested and appealed, and in that process, may be reduced in severity and amount, and are sometimes dismissed.
The table below includes references to specific sections of the Mine Act. The information in the table reflects citations and orders issued to us by MSHA during the year ended December 31, 2012, as reflected in our records. Due to timing and other factors, the data in our system may not agree with the data maintained by MSHA.
The following table presents activity for the year ended December 31, 2012. The table presenting pending legal actions is as of December 31, 2012.
Mine or Operating Name
MSHA ID Number
Section 104 S&S Violations (A)
Section 104(b) Orders (B)
Section 104(d) Citations & Orders (C)
Section 110(b)(2) Violations (D)
Section 107(a) Orders (E)
Total Dollar Value of MSHA Assessments Proposed During the Reporting Period
(F)
Total Number of Mining Related Fatalities (G)
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 Action Pending as of Last Day of Period* (H)
Legal Actions Initiated During Period*
Legal Actions Resolved During Period
American Eagle Mine
4605437
108
1
8
$
1,553,706

No
No
41
18
26
Beth Station No. 79 Prep. Plant
4605398
4
2,131

No
No
1
Big Mountain No. 16 Mine
4607908
19
3
578,972

No
No
46
8
3
Big Mountain Prep Plant
4603143
1
1,111

No
No
1
1
Black Oak Mine
4609152
44
84,249

No
No
12
10
13
Blue Creek No. 1 Mine
4609297
24
1
73,660

No
No
3
2
8
Blue Creek No. 2 Mine
4609296

No
No
1
1
Buffalo Creek Deep Mine
4609294

No
No
1
Camp #9 Prep Plant
1511012
17
14,682

No
No
1
2
5
Campbell's Creek No. 10 Mine
4608637
39
17,598

No
No
5
3
Campbell's Creek No. 7 Mine
4609107
4
198,523

No
No
3
4
10
Campbells Creek Surface Facilities
4608146
1
1,145

No
No
2
Coal Clean Prep. Plant
4608571
2
994

No
No
1
Coalburg No 1 Mine
4608993
6
45,968

No
No
13
4
4
Coalburg No. 2 Mine
4609231
1,575

No
No
10
3
3
Coon Hollow Tunnel
4609099
417

No
No





Mine or Operating Name
MSHA ID Number
Section 104 S&S Violations (A)
Section 104(b) Orders (B)
Section 104(d) Citations & Orders (C)
Section 110(b)(2) Violations (D)
Section 107(a) Orders (E)
Total Dollar Value of MSHA Assessments Proposed During the Reporting Period
(F)
Total Number of Mining Related Fatalities (G)
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 Action Pending as of Last Day of Period* (H)
Legal Actions Initiated During Period*
Legal Actions Resolved During Period
Deskins Mine
4608936

No
No
1
Dodge Hill No. 1 Mine
1518335
64
1
115,531

No
No
7
10
11
Eagle Mine
4608759
66
1
464,586

No
No
36
15
6
Europa Mine
4608798

No
No
1
2
Fanco Prep. Plant
4601368
3
2,398

No
No
1
1
Farley Eagle Mine
4601537
14
11,854

No
No
2
2
Federal #2 Prep Plant
4601456
6
6,792

No
No
Federal No. 2 Mine
4601456
191
12
549,805

No
No
49
21
17
Five Mile Prep Plt & Refuse Impoundment
4609226
1
802

No
No
2
Freedom Underground Mine
1517587
51
233,730

No
No
32
5
8
Gateway Eagle Mine
4606618
3
7,256

No
No
6
4
7
Grand Eagle Prep Plant
1519011
2
2,279

No
No
1
1
Guyan
4608939
5
67,694

No
No
8
1
4
Harris No. 1
4601271
1
2,207

No
No
5
1
37
Harris Prep. Plant
4603135
1
763

No
No
2
Highland 9 Mine
1502709
152
4
525,689

No
No
41
12
33
Hill Fork Surface Mine
4609309
1
5,173

No
No
Hobet 21 Surface Mine
4604670
8
13,088

No
No
1
Matewan Tunnel
4608610
1
100

No
No
Patriot Surface
1516231
12
11,329

No
No
2
3
Peerless Rachel Mine
4609258
49
2
4
31,122

No
No
4
4
1
Rivers Edge Mine
4608890

No
No
9
10
Rocklick Prep Plant
4606448
7
1
1,318

No
No
1
1
4
Samples
4607178
4
4,507

No
No
2
2
1
South Hollow Plant - Emerald Processing
4603085
3
2,844

No
No
1
1
Stockburg No. 2
4608635

No
No
3
2
Sugar Maple Mine
4609073
33
5
2
517,567

No
No
9
9
Tom's Fork Loadout
4608465
8
4,457

No
No
1
1
Wells Prep. Plant
4605295
14
1,399

No
No
1
Wharton No 1 Tunnel
4605071
1
993

No
No
Winchester Mine
4609230
40
5
163,512

No
No
29
12
6
Total
 
1,010
4
43
2
1
$
5,323,526

 
 
388
154
239
(A) The total number of violations of mandatory health or safety standards that could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard under section 104 of the Mine Act for which the operator received a citation from the MSHA.





(B) The total number of orders issued under section 104(b) of the Mine Act.
(C) The total number of citations and orders for unwarrantable failure of the mine operator to comply with mandatory health or safety standards under section 104(d) of the Mine Act.
(D) The total number of flagrant violations under section 110(b)(2) of the Mine Act.
(E) The total number of imminent danger orders issued under section 107(a) of the Mine Act.
(F) The total dollar value of proposed assessments from the MSHA under the Mine Act.
(G) The total number of mining-related fatalities.
(H) Any pending legal action before the Federal Mine Safety and Health Review Commission involving such coal or other mine.
* In 2011 and 2012, the Department of Labor processed contested citations from previous years, which caused an increase in pending legal actions.
Type of Action Pending as of Last Day of Reporting Period
 
Penalty Contest
Pre-penalty Contest of Citations and Orders
Discrimination / Discharge
Complaint for Compensation
Application for Temporary Relief
Appeals of ALJ Decisions**
American Eagle Mine
41
Beth Station No. 79 Prep. Plant
Big Mountain No. 16 Mine
41
5
1
Big Mountain Prep Plant
1
Black Oak Mine
12
Blue Creek No. 1 Mine
3
Blue Creek No. 2 Mine
1
Buffalo Creek Deep Mine
1
Camp #9 Prep Plant
1
Campbell's Creek No. 10 Mine
5
Campbell's Creek No. 7 Mine
3
Campbells Creek Surface Facilities
Coal Clean Prep. Plant
1
Coalburg No 1 Mine
13
Coalburg No. 2 Mine
10
Coon Hollow Tunnel
Deskins Mine
Dodge Hill No. 1 Mine
7
Eagle Mine
35
1
Europa Mine
1
Fanco Prep. Plant
1
Farley Eagle Mine
2
Federal #2 Prep Plant
Federal No. 2 Mine
39
5
5
Five Mile Prep Plt & Refuse Impoundment
Freedom Underground Mine
25
7
Gateway Eagle Mine
6
Grand Eagle Prep Plant
1
Guyan
5
3





Type of Action Pending as of Last Day of Reporting Period
 
Penalty Contest
Pre-penalty Contest of Citations and Orders
Discrimination / Discharge
Complaint for Compensation
Application for Temporary Relief
Appeals of ALJ Decisions**
Harris No. 1
5
Harris Prep. Plant
Highland 9 Mine
30
7
4
3
Hill Fork Surface Mine
Hobet 21 Surface Mine
Matewan Tunnel
Patriot Surface
2
Peerless Rachel Mine
4
Rivers Edge Mine
7
2
Rocklick Prep Plant
1
Samples
2
South Hollow Plant - Emerald Processing
1
Stockburg No. 2
3
Sugar Maple Mine
9
Tom's Fork Loadout
1
Wells Prep. Plant
Wharton No 1 Tunnel
Winchester Mine
29
Total
349
30
9
4
** As of December 31, 2012, three pending legal actions were on appeal to the Federal Mine Safety and Health Review Commission, and one pending legal action was on appeal to the United States Court of Appeals for the District of Columbia Circuit.