EX-95 6 d408798dex95.htm MINE SAFETY INFORMATION

Exhibit 95

Mine Safety Disclosures

Our mines are operated subject to the regulation of the Federal Mine Safety and Health Administration (“MSHA”), under the Federal Mine Safety and Health Act of 1977 (the “Mine Act”). The following mine safety data is provided pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

As required by the reporting requirements of the Dodd-Frank Act, as amended, the table below presents the following information for the three months ended September 30, 2012. (in whole dollars) (Unaudited)

|  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  | Received |  |  |  |  |  |  |  |  |
|  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  | Received |  | Notice of |  |  |  |  |  |  |  |  |
|  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  | Total |  |  | Notice of |  | Potential |  | Legal |  |  |  |  |  |  |
|  |  |  |  |  |  |  | Section |  |  |  |  |  |  |  |  | Total Dollar |  |  | Number |  |  | Pattern of |  | to have |  | Actions |  |  | Legal |  |  | Legal |
|  |  |  |  |  |  |  | 104(d) |  |  |  |  |  |  |  |  | Value of |  |  | of |  |  | Violations |  | Patterns |  | Pending |  |  | Actions |  |  | Actions |
|  | Section |  |  | Section |  |  | Citations |  |  | Section |  |  | Section |  |  | MSHA |  |  | Mining |  |  | Under |  | Under |  | as of Last |  |  | Initiated |  |  | Resolved |
|  | 104 S&S |  |  | 104(b) |  |  | and |  |  | 110(b)(2) |  |  | 107(a) |  |  | Assessments |  |  | Related |  |  | Section |  | Section |  | Day of |  |  | During |  |  | During |
Mine |  | Citations |  |  | Orders |  |  | Orders |  |  | Violations |  |  | Orders |  |  | Proposed |  |  | Fatalities |  |  | 104(e) |  | 104(e) |  | Period |  |  | Period |  |  | Period |
Big Ledge (26-02603) |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  | $ | — |  |  |  | — |  |  | no |  | no |  |  | — |  |  |  | — |  |  |  | — |
Dry Creek (26-02646) |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  | $ | — |  |  |  | — |  |  | no |  | no |  |  | — |  |  |  | — |  |  |  | — |
Evanston (48-01714) |  |  | 1 |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  | $ | 499 |  |  |  | — |  |  | no |  | no |  |  | — |  |  |  | — |  |  |  | — |
Houma (16-01321) |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  | $ | — |  |  |  | — |  |  | no |  | no |  |  | — |  |  |  | — |  |  |  | — |
Kapaa Quarry and Mill (51-00019) |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  | $ | 460 |  |  |  | — |  |  | no |  | no |  |  | *61 |  |  |  | 1 |  |  |  | 29 |
Puunene Camp 10 Quarry (51-00004) |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  | $ | — |  |  |  | — |  |  | no |  | no |  |  | *8 |  |  |  | 6 |  |  |  | 14 |

* | Includes legal actions initiated during the period.