Attached files
| file | filename |
|---|---|
| 10-Q - 10-Q - LAYNE CHRISTENSEN CO | layn-10q_20161031.htm |
| EX-32.2 - EX-32.2 - LAYNE CHRISTENSEN CO | layn-ex322_12.htm |
| EX-32.1 - EX-32.1 - LAYNE CHRISTENSEN CO | layn-ex321_9.htm |
| EX-31.2 - EX-31.2 - LAYNE CHRISTENSEN CO | layn-ex312_11.htm |
| EX-31.1 - EX-31.1 - LAYNE CHRISTENSEN CO | layn-ex311_7.htm |
Exhibit 95
Mine Safety Disclosures
Section 1503 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) requires companies to disclose in their periodic reports information about the coal and other mines at which they are an operator. The operations of the Company at coal and other mines in the U.S. are inspected by the Mine Safety and Health Administration (“MSHA”) on an ongoing basis.
In evaluating the information regarding mine safety and health, investors should take into account the fact that
the Federal Mine Safety and Health Act (the “Mine Act”) has been construed as authorizing MSHA to issue citations and orders pursuant to the legal doctrine of strict liability, or liability without fault. If, in the opinion of an MSHA inspector, a condition that violates the Mine Act or regulations promulgated pursuant to it exists, then a citation or order will be issued regardless of whether the operator had any knowledge of, or fault in, the existence of that condition. Many of the Mine Act standards include one or more subjective elements, so that issuance of a citation or order often depends on the opinions or experience of the MSHA inspector.
Whenever MSHA believes that a violation of the Mine Act, any health or safety standard, or any regulation has occurred, it may issue a citation or order which describes the violation and fixes a time within which the operator must abate the violation. In some situations, such as when MSHA believes that conditions pose a hazard to miners, MSHA may issue an order requiring cessation of operations, or removal of miners from the area of the mine, affected by the condition until the hazards are corrected.
Citations and orders can be contested before the Federal Mine Safety and Health Review Commission (the "Commission"), and as part of that process, are often reduced in severity and amount, and are sometimes dismissed. The Commission is an independent adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Mine Act. These cases may involve, among other questions, challenges by operators to citations, orders and penalties they have received from MSHA.
The table that follows reflects citations, orders, violations and proposed assessments issued to the Company by MSHA during the quarter ended October 31, 2016 and all pending legal actions as of October 31, 2016. Due to timing and other factors, the data may not agree with the mine data retrieval system maintained by MSHA.
|
|
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No |
No |
|
|
|
|
|
Nevada Copper |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Barrick Cortez |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
FMI Sierrita Mine, AZ |
|
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|
|
|
|
|
No |
No |
|
|
|
|
Jim Walters |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Nyrstar Young |
|
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|
|
|
|
|
No |
No |
|
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|
|
Nyrstar Gordonsville |
|
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|
|
|
|
|
No |
No |
|
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|
|
Drummond |
|
|
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|
|
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No |
No |
|
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|
Carmeuse |
|
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No |
No |
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Morgan Worldwide |
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No |
No |
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Carmeuse |
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No |
No |
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Lafarge NA |
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No |
No |
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Lafarge |
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No |
No |
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Lhoist NA |
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No |
No |
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Mingo Logan |
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No |
No |
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US Gypsum |
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No |
No |
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Sweetwater |
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No |
No |
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Libson Vallet |
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No |
No |
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Twenty Mile Coal |
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No |
No |
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Barrick Goldstrike |
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No |
No |
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URS Morenci |
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No |
No |
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Freeport-McMoRan Sierrita |
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No |
No |
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Cyprus Tohono Corp. |
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No |
No |
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Sun Valley Plant |
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No |
No |
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CML Metals |
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No |
No |
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FMI Bagdad |
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No |
No |
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FMI Morenci |
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No |
No |
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FMI Miami |
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No |
No |
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Twin Buttes |
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No |
No |
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FMI – Tyrone |
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No |
No |
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Newmont-Carlin |
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No |
No |
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Silver Bell Mining |
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No |
No |
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Allied NV Hycroft |
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No |
No |
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Imerys Plant #1 |
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No |
No |
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PCS Phosphates |
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No |
No |
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Noranda Alumina |
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No |
No |
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Agnico Eagle-West Pequop |
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No |
No |
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Allied NV Gold-Hycroft Mine |
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No |
No |
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Allied NV – Hasbrook |
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No |
No |
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AMEC-Sullivan Ranch |
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No |
No |
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American Lithium Minerals- |
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No |
No |
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Asacro-Chilito |
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No |
No |
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Asarc-Mission |
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No |
No |
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Asarco-Ray |
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No |
No |
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Asarco-Silver Bell |
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No |
No |
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Barrick Arturo (Dee) |
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No |
No |
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Mt. |
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No |
No |
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No |
No |
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Barrick EXP Surf & UG |
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No |
No |
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Barrick Turquoise Ridge Surf/UG |
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No |
No |
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Barrick-Goldstrike |
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No |
No |
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Barrick-Goldstrike UG |
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No |
No |
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Barrick-Ruby Hill |
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No |
No |
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BH Minerals- |
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No |
No |
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BHP-Pinto Valley |
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No |
No |
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Canamex Resources-Bruner |
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No |
No |
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Cayden Resources US Inc-Quartz MT. |
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No |
No |
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Centerra-Ren |
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No |
No |
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Coeur Rochester-Rochester |
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No |
No |
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Comstock- |
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No |
No |
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Cooper One- |
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No |
No |
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Dynasty Gold |
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No |
No |
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Evolving Gold Corp. |
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No |
No |
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Freeport McMoRan-Bagdad |
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No |
No |
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Freeport McMoRan-Christmas Mine |
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No |
No |
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Freeport McMoRan- Chino |
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No |
No |
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Freeport McMoRan-Dragoon |
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No |
No |
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Freeport McMoRan-Miami |
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No |
No |
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Freeport McMoRan-Morenci |
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No |
No |
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|
Freeport McMoRan-Safford |
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|
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No |
No |
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|
Freeport McMoRan-Sierrita |
|
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|
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|
|
No |
No |
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|
Freeport McMoRan-Twin Buttes |
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|
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No |
No |
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|
Fronteer Development– Long Cany. |
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No |
No |
|
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Gold Acquisition Corp. |
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|
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No |
No |
|
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Gold Reef-Rim Rock |
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No |
No |
|
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|
Gold Standard Ventures-Railroad |
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No |
No |
|
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|
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No |
No |
|
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Golden Vertex – Moss Mine |
|
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|
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No |
No |
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Grammercy Facility |
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No |
No |
|
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Great Basin Gold-Ivanhoe/Hollister |
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No |
No |
|
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|
Gryphon Gold-Borealis |
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No |
No |
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|
Harvest Gold-Rosebud |
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No |
No |
|
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|
Hayden Concentrator |
|
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No |
No |
|
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JR Simplot – Soda Springs |
|
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|
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No |
No |
|
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|
Kennecott UT Copper- Bingham |
|
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No |
No |
|
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|
KGHM International, Ltd.(Formerly Quadra) Mining-Robinson |
|
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|
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No |
No |
|
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|
Klondex-Fire Creek |
|
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|
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No |
No |
|
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Marigold |
|
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No |
No |
|
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|
Martin Marietta – Weeping Water Mine |
|
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|
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No |
No |
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Meridian Gold- |
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|
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No |
No |
|
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|
Metallic Ventures-Converse |
|
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|
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No |
No |
|
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|
Metallic Ventures-Gold Field |
|
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|
|
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No |
No |
|
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|
Mettalic Ventures- Gemfield |
|
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|
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No |
No |
|
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|
Midway-Pancake |
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No |
No |
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Mineral Ridge |
|
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No |
No |
|
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Minerals Technology |
|
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No |
No |
|
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Miranda Gold |
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No |
No |
|
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|
Montezuma-Red Canyon |
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|
|
No |
No |
|
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|
Musgrove Mineral |
|
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|
|
No |
No |
|
|
|
|
Nevada Copper-Pumpkin |
|
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|
|
No |
No |
|
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|
|
Newmont-Carlin |
|
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|
|
|
|
No |
No |
|
|
|
|
Newmont Exploration |
|
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|
|
|
|
No |
No |
|
|
|
|
Newmont Genex |
|
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|
|
|
|
No |
No |
|
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|
|
Newmont Leeville |
|
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No |
No |
|
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|
Newmont-Lonetree |
|
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|
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No |
No |
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|
Newmont McCoy Cove |
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|
|
|
No |
No |
|
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|
Newmont-Midas Surf / UG |
|
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|
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No |
No |
|
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Newmont Phoenix |
|
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|
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No |
No |
|
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|
Newmont Twin-Creeks |
|
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|
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|
No |
No |
|
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|
Minerals |
|
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No |
No |
|
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|
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|
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No |
No |
|
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Paramount Gold and Silver |
|
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|
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|
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No |
No |
|
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|
|
Paris Hills Agricom |
|
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|
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|
|
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No |
No |
|
|
|
|
Pilot Gold |
|
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|
|
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No |
No |
|
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|
Premier Gold Mines- |
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|
|
No |
No |
|
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|
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Quaterra Resources- |
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|
|
|
No |
No |
|
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|
|
Regal Resources – Camp Verde |
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|
|
|
|
No |
No |
|
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|
|
Renaissance Gold – Spruce MT |
|
|
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|
|
|
|
No |
No |
|
|
|
|
Rio Tinto-Resolution |
|
|
|
|
|
|
|
No |
No |
|
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|
|
Romarco Minerals-Haile Gold Mine |
|
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|
|
No |
No |
|
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|
Round Mt. Gold |
|
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|
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|
|
No |
No |
|
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|
Rye Patch Gold |
|
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|
|
|
|
No |
No |
|
|
|
|
Snowstorm LLC |
|
|
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|
|
|
No |
No |
|
|
|
|
Solitario Exp-Mt. Hamilton |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Talon Gold-N. Bullfrog |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Tatmar Ventures |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
TGC Holdings |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Thompson Creek Mining |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Trio Gold |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
US Gold- |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Victoria Res. |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Vista NV |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Western Pacific Resources |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
WPC Resources |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
WK Mining |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Yukon NV Gold – Surface |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Heritage Coal |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Carmeuse Lime |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Hilltop Basic Resources |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Hilltop Basic Resources |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Noranda Alumin S. Flourocarbon |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Noranda Alumina East Flourocarbon |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Carmeuse |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Carmeuse |
|
|
|
|
|
|
|
No |
No |
|
|
|
|
Imery's |
|
|
|
|
|
|
|
No |
No |
|
|
|
A citations, orders and assessments reflected above are those initially issued or proposed by MSHA. They do not reflect subsequent changes in the level of severity of a citation or order or the value of an assessment that may occur as a result of proceedings conducted in accordance with MSHA rules and regulations.
The Federal Mine Safety and Health Review Commission (the “Commission”) is an independent adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Mine Act. During the quarter ended October 31, 2016, 0 actions were instituted before the Commission, and 1 matter was resolved. As of October 31, 2016, the Company has a total of 0 matters pending before the Commission.