EX-95 6 a18-7889_1ex95.htm EX-95

EXHIBIT 95

 

Section 1503 of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires domestic mine operators to disclose violations and orders issued under the Federal Mine Safety and Health Act of 1977 (the Mine Act) by the federal Mine Safety and Health Administration (MSHA). We do not act as the owner of any mines but we may act as a mining operator as defined under the Mine Act where we may be a lessee of a mine, a person who operates, controls or supervises such mine, or as an independent contractor performing services or construction of such mine.

 

The following table provides information for the three months ended March 31, 2018.

 

Mine (1)

 

Mine Act
§104
Violations
(2)

 

Mine
Act
§104(b)
Orders
(3)

 

Mine
Act
§104(d)
Citations
and
Orders
(4)

 

Mine Act
§110(b)(2)
Violations
(5)

 

Mine
Act
§107(a)
Orders
(6)

 

Proposed
Assessments
from
MSHA (In
dollars ($))

 

Mining
Related
Fatalities

 

Mine
Act
§104(e)
Notice
(yes/no)
(7)

 

Pending
Legal
Action
before
Federal
Mine Safety
and Health
Review
Commission
(yes/no) (8)

 

Black Thunder Project

 

0

 

0

 

0

 

0

 

0

 

$

118.00

 

0

 

No

 

No

 

Monsanto Quarry

 

0

 

0

 

0

 

0

 

0

 

$

0

 

0

 

No

 

No

 

 

(1)                                 United States mines.

 

(2)                                 The total number of violations received from MSHA under §104 of the Mine Act, which includes citations for health or safety standards that could significantly and substantially contribute to a serious injury if left unabated.

 

(3)                                 The total number of orders issued by MSHA under §104(b) of the Mine Act, which represents a failure to abate a citation under §104(a) within the period of time prescribed by MSHA.

 

(4)                                 The total number of citations and orders issued by MSHA under §104(d) of the Mine Act for unwarrantable failure to comply with mandatory health or safety standards.

 

(5)                                 The total number of flagrant violations issued by MSHA under §110(b)(2) of the Mine Act.

 

(6)                                 The total number of orders issued by MSHA under §107(a) of the Mine Act for situations in which MSHA determined an imminent danger existed.

 

(7)                                 A written notice from the MSHA regarding a pattern of violations, or a potential to have such pattern under §104(e) of the Mine Act.

 

(8)                                 The following Pending Legal Action Table provides information for the three months ended March 31, 2018.

 

Mine

 

Number
Pending Legal
Actions

 

Contests of
Penalty
Assessments

 

Legal Action
Initiated

 

Legal Action
Resolved

 

Black Thunder Project

 

0

 

0

 

0

 

0

 

Monsanto Quarry

 

0

 

0

 

0

 

0