Exhibit 95
Mine Safety and Health Administration Safety Data
Section 1503 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) requires issuers that are operators, or that have subsidiaries that is an operator, of a coal or other mine to include in periodic reports filed with the Securities and Exchange Commission certain information relating to citations and orders for violations of standards under the Federal Mine Safety and Health Act of 1977. The following tables disclose information required under the Dodd-Frank Act from the second quarter of 2018. The mine data retrieval system maintained by MSHA may show information that is different than what is provided herein. Any such difference may be attributed to the need to update that information on MSHA’s system and/or other factors.
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| | | | | | Section | | | | | | Total Dollar | | | |
| | | | | | 104(d) | | | | | | Value of | | Total Number | |
Mine Name / | | | | Section | | Citations | | Section | | Section | | MSHA | | of Mining | |
MSHA | | Section 104 | | 104(b) | | and | | 110(b)(2) | | 107(a) | | Assessments | | Related | |
Identification | | S&S Citations | | Orders | | Orders | | Violations | | Orders | | Proposed | | Fatalities | |
Number | | (#) | | (#) | | (#) | | (#) | | (#) | | (in Thousands, $) | | (#) | |
New Horizon Mine(1) / 0500299 | | 0 | | 0 | | 0 | | 0 | | 0 | | 0 | | 0 | |
Colowyo Mine / 0502962 | | 0 | | 0 | | 0 | | 0 | | 0 | | 0.35 | | 0 | |
| | | | | | | | | | | |
| | | | Received | | | | | | | |
| | | | Notice of | | | | | | | |
| | Received | | Potential to | | | | | | | |
| | Notice of | | Have Pattern | | Legal Actions | | Legal Actions | | Legal Actions | |
| | Pattern of Violations | | of Violations | | Pending | | Initiated | | Resolved | |
Mine Name / | | Under | | Under | | as of the | | During the | | During the | |
MSHA | | Section | | Section | | Three Months Ended | | Three Months Ended | | Three Months Ended | |
Identification | | 104(e) | | 104(e) | | June 30, 2018 | | June 30, 2018 | | June 30, 2018 | |
Number | | (yes/no) | | (yes/no) | | (#) | | (#) | | (#) | |
New Horizon Mine / 0500299 | | No | | No | | 0 | | 0 | | 0 | |
Colowyo Mine / 0502962 | | No | | No | | 1 | | 1 | | 1 | |
The number of legal actions pending before the Federal Mine Safety and Health Review Commission as of June 30, 2018 that fall into each of the following categories is as follows:
| | | | | | | | | | | | | |
| | | | | | | | | | | | Appeals of | |
| | | | | | | | Complaints for | | | | judges' | |
| | Contests of | | Contests of | | | | discharge, | | | | decisions or | |
| | Citations/ | | Proposed | | Complaints for | | discrimination, | | Applications for | | orders to | |
| | Orders | | Penalties | | compensation | | or interference | | temporary relief | | FMSHRC | |
Mine Name / | | referenced in | | referenced in | | referenced in | | referenced in | | referenced in | | referenced in | |
MSHA | | Subpart B, | | Subpart C, | | Subpart D, | | Subpart E, | | Subpart F | | Subpart H | |
Identification | | 29CFR | | 29CFR | | 29CFR | | 29CFR | | 29CFR | | 29CFR | |
Number | | Part 2700 | | Part 2700 | | Part 2700 | | Part 2700 | | Part 2700 | | Part 2700 | |
New Horizon Mine / 0500299 | | 0 | | 0 | | 0 | | 0 | | 0 | | 0 | |
Colowyo Mine / 0502962 | | 1 | | 0 | | 0 | | 0 | | 0 | | 0 | |
(1) The New Horizon Mine is no longer producing coal and closure activity is underway.