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.
