XBUE:HL Hecla Mining Company GDR Quarterly Report 10-Q Filing - 6/30/2012

Effective Date 6/30/2012

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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q


[X]           QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended June 30, 2012
 

Commission file number 
 
1-8491
 
HECLA MINING COMPANY
(Exact name of registrant as specified in its charter)


 
Delaware
 
77-0664171
 
 
(State or other jurisdiction of
 
(I.R.S. Employer
 
 
incorporation or organization)
 
Identification No.)
 
         
 
6500 Mineral Drive, Suite 200
     
 
Coeur d'Alene, Idaho
 
83815-9408
 
 
(Address of principal executive offices)
 
(Zip Code)
 
         
208-769-4100
(Registrant's telephone number, including area code)
 
Indicate by check mark whether the registrant: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
Yes XX .    No      .

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
Yes XX .    No___.

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company.  See definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act (check one):
Large Accelerated Filer   XX.                                                                                         Accelerated Filer     .
Non-Accelerated Filer      .                                                                                         Smaller reporting company    .
(Do not check if a smaller reporting company)

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).
Yes      .    No XX.

Indicate the number of shares outstanding of each of the issuer’s classes of common stock, as of the latest practicable date.

Class
 
Shares Outstanding August 3, 2012
Common stock, par value
$0.25 per share
 
285,486,857
 
 
 

 
 
Hecla Mining Company and Subsidiaries

Form 10-Q

For the Quarter Ended June 30, 2012
 
INDEX*
 
 
2

 
 
   
Page
PART I - Financial Information
 
     
 
Item 1 – Condensed Consolidated Financial Statements (Unaudited)
 
     
 
Condensed Consolidated Balance Sheets - June 30, 2012 and December 31, 2011
4
     
 
Condensed Consolidated Statements of Operations and Comprehensive Income - Three Months Ended and Six Months Ended – June 30, 2012 and 2011
5
     
 
Condensed Consolidated Statements of Cash Flows - Six Months Ended June 30, 2012 and 2011
6
     
 
Notes to Condensed Consolidated Financial Statements (Unaudited)
7
     
 
Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations
21
     
 
Item 3. Quantitative and Qualitative Disclosures About Market Risk
 
    38
 
Item 4. Controls and Procedures
 
     
PART II - Other Information
 
     
 
Item 1 – Legal Proceedings
39
     
 
Item 1A – Risk Factors
39
     
 
Item 4 – Mine Safety Disclosures
39
     
 
Item 6 – Exhibits
39
     
 
Signatures
39
     
 
Exhibits
40
 
 
*Items 2, 3 and 5 of Part II are omitted as they are not applicable.
 

 
3

 
 
Part I - Financial Information

Item 1. Financial Statements
 
Hecla Mining Company and Subsidiaries
 
Condensed Consolidated Balance Sheets (Unaudited)
(In thousands, except shares)

     
June 30, 2012
   
December 31,
2011
 
ASSETS
Current assets:
       
Cash and cash equivalents
  $ 233,327     $ 266,463  
Accounts receivable:
               
Trade
    30,484       10,996  
Other, net
    6,662       9,313  
Inventories:
               
Concentrates, doré, and stockpiled ore
    9,786       13,692  
Materials and supplies
    13,396       12,503  
Current deferred income taxes
    25,779       27,810  
Other current assets
    20,062       21,967  
Total current assets
    339,496       362,744  
Non-current investments
    2,671       3,923  
Non-current restricted cash and investments
    866       866  
Properties, plants, equipment and mineral interests, net
    953,365       923,212  
Non-current deferred income taxes
    86,362       88,028  
Other non-current assets and deferred charges
    7,734       17,317  
Total assets
  $ 1,390,494     $ 1,396,090  
LIABILITIES
Current liabilities:
               
Accounts payable and accrued liabilities
  $ 34,587     $ 37,831  
Accrued payroll and related benefits
    9,182       12,878  
Accrued taxes
    3,736       10,354  
Current portion of capital leases
    4,552       4,005  
Current portion of accrued reclamation and closure costs
    39,694       42,248  
Total current liabilities
    91,751       107,316  
Capital leases
    9,054       6,265  
Accrued reclamation and closure costs
    111,806       111,563  
Other noncurrent liabilities
    32,450       30,833  
Total liabilities
    245,061       255,977  
Commitments and contingencies
               
SHAREHOLDERS’ EQUITY
Preferred stock, 5,000,000 shares authorized:
               
Series B preferred stock, $0.25 par value, 157,816 shares issued and outstanding, liquidation preference — $7,891
    39       39  
Common stock, $0.25 par value, authorized 500,000,000 shares; issued and outstanding 2012 — 285,546,859 shares and 2011 — 285,289,924 shares
    71,496       71,420  
Capital surplus
    1,216,659       1,215,229  
Accumulated deficit
    (115,734 )     (120,557 )
Accumulated other comprehensive loss
    (24,304 )     (23,498 )
Less treasury stock, at cost; 2012 — 437,986 shares and 2011 — 392,645 shares
    (2,723 )     (2,520 )
Total shareholders’ equity
    1,145,433       1,140,113  
Total liabilities and shareholders’ equity
  $ 1,390,494     $ 1,396,090  
 
The accompanying notes are an integral part of the interim condensed consolidated financial statements.
 
 
4

 

Hecla Mining Company and Subsidiaries

Condensed Consolidated Statements of Operations and Comprehensive Income (Unaudited)
(Dollars and shares in thousands, except for per-share amounts)
 
   
Three Months Ended
   
Six Months Ended
 
   
June 30, 2012
    June 30, 2011    
June 30, 2012
    June 30, 2011  
Sales of products
 
$
67,019
   
$
117,860
   
$
158,172
   
$
254,224
 
Cost of sales and other direct production costs
 
33,172
   
38,865
   
66,462
   
83,394
 
Depreciation, depletion and amortization
 
9,879
   
11,204
   
19,540
   
23,466
 
   
43,051
   
50,069
   
86,002
   
106,860
 
Gross profit
 
23,968
   
67,791
   
72,170
   
147,364
 
Other operating expenses:
               
General and administrative
 
5,527
   
4,550
   
10,028
   
9,249
 
Exploration
 
7,146
   
5,839
   
12,757
   
9,140
 
Pre-development
 
3,471
   
   
6,837
   
 
Other operating expense
 
1,605
   
2,270
   
2,549
   
4,087
 
Provision for closed operations and environmental matters
 
2,235
   
1,341
   
4,413
   
2,362
 
Lucky Friday suspension-related costs
 
6,465
   
   
12,631
   
 
   
26,449
   
14,000
   
49,215
   
24,838
 
Income (loss) from operations
 
(2,481
)
 
53,791
   
22,955
   
122,526
 
Other income (expense):
               
Gain on sale of investments
 
   
   
   
611
 
Gain (loss) on derivative contracts
 
6,171
   
559
   
940
   
(1,475
)
Interest and other income
 
32
   
105
   
181
   
123
 
Interest expense
 
(505
)
 
(1,496
)
 
(972
)
 
(1,973
)
   
5,698
   
(832
)
 
149
   
(2,714
)
Income before income taxes
 
3,217
   
52,959
   
23,104
   
119,812
 
Income tax provision
 
(693
)
 
(19,642
)
 
(8,008
)
 
(43,138
)
Net income
 
2,524
   
33,317
   
15,096
   
76,674
 
Preferred stock dividends
 
(138
)
 
(138
)
 
(276
)
 
(276
)
Income applicable to common shareholders
 
$
2,386
   
$
33,179
   
$
14,820
   
$
76,398
 
Comprehensive income:
               
Net income
 
$
2,524
   
$
33,317
   
$
15,096
   
$
76,674
 
Reclassification of net gain on sale of marketable securities included in net income
 
   
   
   
(611
)
Unrealized holding gains (losses) on investments
 
(586
)
 
(1,082
)
 
(805
)
 
(115
)
Comprehensive income
 
$
1,938
   
$
32,235
   
$
14,291
   
$
75,948
 
Basic income per common share after preferred dividends
 
$
0.01
   
$
0.12
   
$
0.05
   
$
0.27
 
Diluted income per common share after preferred dividends
 
$
0.01
   
$
0.11
   
$
0.05
   
$
0.26
 
Weighted average number of common shares outstanding - basic
 
285,312
   
279,347
   
285,303
   
278,901
 
Weighted average number of common shares outstanding - diluted
 
295,160
   
295,756
   
296,100
   
296,020
 
Cash dividends declared per common share
 
$
0.02
   
$
   
$
0.04
   
$
 

The accompanying notes are an integral part of the interim condensed consolidated financial statements.
 
 
5

 
 
Hecla Mining Company and Subsidiaries

Condensed Consolidated Statements of Cash Flows (Unaudited)
(In thousands)

    Six Months Ended  
    June 30, 2012    
June 30, 2011
 
Operating activities:
       
Net income
  $ 15,096     $ 76,674  
Non-cash elements included in net income:
               
Depreciation, depletion and amortization
    22,799       23,597  
Gain on sale of investments
          (611 )
(Gain) loss on disposition of properties, plants, equipment, and mineral interests
    660       (8 )
Provision for reclamation and closure costs
    2,908       556  
Stock compensation
    1,495       920  
Deferred income taxes
    3,697       38,319  
Amortization of loan origination fees
    201       332  
(Gain) loss on derivative contracts
    9,376       (9,198 )
Other non-cash charges, net
    604       391  
Change in assets and liabilities:
               
Accounts receivable
    (16,838 )     (8,282 )
Inventories
    3,013       (2,856 )
Other current and non-current assets
    1,756       2,552  
Accounts payable and accrued liabilities
    389       12,818  
Accrued payroll and related benefits
    (3,696 )     (445 )
Accrued taxes
    (6,618 )     (6,364 )
Accrued reclamation and closure costs and other non-current liabilities
    (3,602 )     (1,178 )
Cash provided by operating activities
    31,240       127,217  
Investing activities:
               
Additions to properties, plants, equipment and mineral interests
    (51,535 )     (40,580 )
Proceeds from sale of investments
          1,366  
Proceeds from disposition of properties, plants and equipment
    116       113  
Purchases of investments
          (3,200 )
Changes in restricted cash and investment balances
          9,388  
Net cash used in investing activities
    (51,419 )     (32,913 )
Financing activities:
               
Proceeds from exercise of stock options and warrants
          4,838  
Acquisition of treasury shares
    (203 )     (469 )
Dividends paid to common shareholders
    (9,986 )      
Dividends paid to preferred shareholders
    (276 )     (3,546 )
Repayments of capital leases
    (2,492 )     (1,297 )
Net cash used in financing activities
    (12,957 )     (474 )
Change in cash and cash equivalents:
               
Net increase (decrease) in cash and cash equivalents
    (33,136 )     93,830  
Cash and cash equivalents at beginning of period
    266,463       283,606  
Cash and cash equivalents at end of period
  $ 233,327     $ 377,436  
Significant non-cash investing and financing activities:
               
Addition of capital lease obligations
  $ 5,828     $ 2,543  
Accounts payable change relating to capital additions
  $ (3,632 )   $ 2,773  

The accompanying notes are an integral part of the interim condensed consolidated financial statements.
 
 
6

 
 
Note 1.    Basis of Preparation of Financial Statements

In the opinion of management, the accompanying unaudited interim condensed consolidated financial statements and notes to the interim condensed consolidated financial statements contain all adjustments, consisting of normal recurring items, necessary to present fairly, in all material respects, the financial position of Hecla Mining Company and its consolidated subsidiaries (“we” or “our” or “us”).  These unaudited interim condensed consolidated financial statements should be read in conjunction with our audited consolidated financial statements and related footnotes as set forth in our annual report filed on Form 10-K for the year ended December 31, 2011, as it may be amended from time to time.

The results of operations for the periods presented may not be indicative of those which may be expected for a full year.  The unaudited condensed consolidated financial statements have been prepared pursuant to the rules and regulations of the Securities and Exchange Commission.  Certain information and footnote disclosures normally included in audited financial statements prepared in accordance with generally accepted accounting principles in the United States (“GAAP”) have been condensed or omitted pursuant to those rules and regulations, although we believe that the disclosures are adequate for the information not to be misleading.

The preparation of financial statements in conformity with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities as of the date of the financial statements, the reported amounts of revenues and expenses during the reporting period and the disclosures of contingent liabilities.  Accordingly, ultimate results could differ materially from those estimates.

Note 2.    Investments and Restricted Cash

Investments
 
At June 30, 2012 and December 31, 2011, the fair value of our non-current investments was $2.7 million and $3.9 million, respectively.  Our non-current investments consist of marketable equity securities, which are carried at fair value as they are classified as “available-for-sale.” The cost basis of our non-current investments was approximately $3.5 million at June 30, 2012 and December 31, 2011.

At June 30, 2012, total unrealized loss positions of $0.8 million, net of unrealized gains of $0.2 million, for our non-current investments were included in accumulated other comprehensive loss.

Restricted Cash and Investments

Various laws, permits, and covenants require that financial assurances be in place for certain environmental and reclamation obligations and other potential liabilities.  These restricted investments are used primarily for reclamation funding or for funding surety bonds, and were $0.9 million at June 30, 2012 and December 31, 2011. Restricted investments primarily represent investments in money market funds and certificates of deposit.  
 
 
7

 

Note 3.   Income Taxes

Major components of our income tax provision (benefit) for the three and six months ended June 30, 2012 and 2011 are as follows (in thousands):

   
Three Months Ended
June 30,
 
 
Six Months Ended
June 30,
 
   
2012
   
2011
   
2012
   
2011
 
Current:
               
Federal
  $ (144 )   $ 4,111     $ 3,528     $ 4,111  
State
    2       478       553       478  
Foreign
    115       115       230       230  
Total current income tax provision (benefit)
    (27 )     4,704       4,311       4,819  
                                 
Deferred:
                               
Federal and state deferred income tax provision
    720       14,938       3,697       38,319  
Total income tax provision
  $ 693     $ 19,642     $ 8,008     $ 43,138  

Our ability to utilize our deferred tax assets depends on future taxable income generated from operations. For the six months ended June 30, 2012, there were no circumstances that caused us to change our assessment of the ability to generate future taxable income to realize our deferred tax assets.  After utilization of $3.7 million during the first six months of 2012, the net deferred tax asset at June 30, 2012 was $112.1 million. It is possible that the valuation allowance on our deferred tax asset will change in the future as a result of the analysis of our long-range forecasts, with a resulting tax provision or benefit.

The current income tax provisions for the six months ended June 30, 2012 and 2011 vary from the amounts that would have resulted from applying the statutory income tax rate to pre-tax income primarily due to the effects of percentage depletion for all periods presented and the change in valuation allowance related to foreign operations during the six months ended June 30, 2012.

Note 4.    Commitments, Contingencies and Obligations
 
Rio Grande Silver Guaranty

Our wholly-owned subsidiary, Rio Grande Silver Inc. (“Rio”), is party to a joint venture with Emerald Mining & Leasing, LLC (“EML”) and certain other parties with respect to a land package in the Creede Mining District of Colorado that is adjacent to other land held by Rio. Rio holds a 70% interest in the joint venture. In connection with the joint venture, we are required to guarantee certain environmental remediation-related obligations of EML to a third party up to a maximum liability to us of $2.5 million. As of June 30, 2012, we have not been required to make any payments pursuant to the guaranty. We may be required to make payments in the future, limited to the $2.5 million maximum liability, should EML fail to meet its obligations to the third party. However, to the extent that any payments are made by us under the guaranty, EML, in addition to other parties named in the amended agreement, have jointly and severally agreed to reimburse and indemnify us for any such payments. We have not recorded a liability relating to the guaranty as of June 30, 2012.

Lucky Friday Water Permit Exceedances

In late 2008 and during 2009, Hecla Limited experienced a number of alleged water permit exceedances for water discharges at its Lucky Friday unit. The 2008 alleged violations resulted in Hecla Limited entering into a Consent Agreement and Final Order (“CAFO”) and a Compliance Order with the EPA in April 2009, which included an extended compliance timeline. In connection with the CAFO, Hecla Limited agreed to pay an administrative penalty to the EPA of $177,500 to settle any liability for such alleged exceedances. The 2009 alleged violations were the subject of a December 2010 letter from the EPA informing Hecla Limited that the EPA is prepared to seek civil penalties for these alleged violations, as well as for alleged unpermitted discharges of waste water in 2010 at the Lucky Friday unit. In the same letter, the EPA invited Hecla Limited to discuss these matters with them prior to filing a complaint. In April 2011, Hecla Limited received an additional request for information from the EPA on the alleged unpermitted discharges in 2010. Hecla Limited disputes the EPA's assertions, but has begun negotiations with the EPA in an attempt to resolve the matter, which includes additional water quality monitoring to better understand the quality and source of the alleged unpermitted discharge. We do not believe that the outcome of this claim will have a material adverse effect on our results from operations or financial position.

Hecla Limited strives to maintain its water discharges at the Lucky Friday unit in full compliance with the permit, but cannot provide assurances that it will be able to fully comply with the permit limits in the future.
 
 
8

 

States of South Dakota and Colorado Superfund Sites Related to CoCa Mines, Inc.
 
In 1991, Hecla Limited acquired all of the outstanding common stock of CoCa Mines, Inc. (“CoCa”).
 
Gilt Edge Mine Superfund Site
 
In August 2008, the EPA made a formal request to CoCa for information regarding the Gilt Edge Mine Site located in Lawrence County, South Dakota, and asserted that CoCa may be liable for environmental cleanup at the site. The Gilt Edge Mine Site was explored and/or mined beginning in the 1890s. In the early 1980s, CoCa was involved in a joint venture that conducted a limited program of exploration work at the site. This joint venture terminated in 1984, and by 1985 CoCa had divested itself of any interest in the property.
 
In July 2010 the United States informed CoCa that it intends to pursue CoCa and several other potentially responsible parties on a joint and several basis for liability for past and future response costs at Gilt Edge under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Currently, the United States alleges that CoCa is liable based on participation in the joint venture, and that CoCa has succeeded to the liabilities of its predecessor at the site, Congdon & Carey, which may have held certain property interests at the site.
 
As of January 2010, the EPA had allegedly incurred approximately $91 million in response costs to implement remedial measures at the Gilt Edge site, and estimated future response costs of $72 million. Hecla Limited did not acquire CoCa until 1991, well after CoCa discontinued its involvement with the Gilt Edge site. In addition, CoCa is and always has been a separate corporate entity from Hecla Limited.
 
In August 2010, CoCa initiated negotiations with the United States in order to reach a settlement of its liabilities at the site that takes into account CoCa's limited financial resources. In late September 2010, in connection with these negotiations, CoCa received a request from the Department of Justice for additional information regarding its finances. CoCa provided written responses and additional information in January 2011. In April 2011, CoCa, and its parent Hecla Limited, received additional information requests related to Gilt Edge, and both entities responded to the EPA in July 2011. We believe that Hecla Limited is not liable for any cleanup at the site, and if CoCa might be liable, it has limited assets with which to satisfy any such liability. Settlement negotiations with the EPA are ongoing, but there can be no assurance such negotiations will be successful.
 
Nelson Tunnel/Commodore Waste Rock Pile Superfund Site
 
In August 2009, the EPA made a formal request to CoCa for information regarding the Nelson Tunnel/Commodore Waste Rock Pile Superfund Site in Creede, Colorado. A timely response was provided and the EPA later arranged to copy additional documents. CoCa was involved in exploration and mining activities in Creede during the 1970s and the 1980s. No formal claim for response costs under CERCLA has been made against CoCa for this site. Hecla Limited did not acquire CoCa until 1991, well after CoCa discontinued its historical activities in the vicinity of the site. In addition, CoCa is and always has been a separate corporate entity from Hecla Limited. Therefore, we believe that Hecla Limited is not liable for any cleanup, and if CoCa might be liable, it has limited assets with which to satisfy any such liability.
 
ASARCO, LLC Contribution Claims

In 2011 and 2012, ASARCO, LLC, filed three lawsuits against us and other mining companies seeking contribution and cost recovery relating to payments ASARCO alleges it has made under CERCLA in connection with various mine sites throughout the Northwest United States, including (i) the Barker-Hughesville Site in Cascade and Judith Basin Counties, Montana, (ii) the Black Pine Mine Site in Granite County Montana, and (iii) the Van Stone Mine Site in Stevens County, Washington.  At these three sites, ASARCO alleges it has spent $9 million, $17.7 million, and $3.5 million, respectively, under CERCLA in payments to various governments.  ASARCO alleges that Hecla or its predecessors operated at each of these sites and is therefore liable to ASARCO for contribution of part of the payments made by ASARCO under CERCLA.  We have begun investigating the basis for ASARCO's claims and believe Hecla Limited had very limited involvement at these sites long ago.   We do not believe that the outcome of any of these claims, either alone or in the aggregate, will have a material adverse effect on our results from operations or financial position.  We have made an immaterial accrual for potential liability on the Barker-Hughesville matter, but have made no accruals for the other two matters, each of which was filed against us in June of 2012.
 
 
9

 
 
Johnny M Mine Area near San Mateo, McKinley County, New Mexico

In May 2011, the EPA made a formal request to Hecla Mining Company for information regarding the Johnny M Mine Area near San Mateo, McKinley County, New Mexico, and asserted that Hecla Mining Company may be responsible under CERCLA for environmental remediation and past costs the EPA has incurred at the site. Mining at the Johnny M was conducted for a limited period of time by Ranchers Exploration and Development Corporation, a predecessor of our subsidiary, Hecla Limited. In June 2011, Hecla Limited responded to the EPA's request and discussions are ongoing. In February 2012, a subsidiary of Hecla Limited acquired a parcel of land that is adjacent to the Johnny M site and which was occupied by one or more individuals and livestock. The EPA has alleged that this property may contain hazardous substances released from the Johnny M site. The land was purchased for $1.875 million, reducing the accrual by that amount in the first quarter of 2012. Hecla also received a release from liability from the landowners. Our unaudited interim condensed consolidated financial statements as of June 30, 2012 include an accrual balance by Hecla Limited of $1.4 million for estimated past costs and investigation and planning costs, including a $0.5 million accrual recorded in the second quarter of 2012.  We cannot with any degree of certainty estimate the amount of any additional liability Hecla Limited may face at the site due to several reasons, including (but not limited to):  neither the EPA nor Hecla Limited have completed investigations of the site, the amount and type of remediation required have not yet been determined, and the existence of other potentially responsible parties has not yet been determined.
 
Carpenter Snow Creek Site, Cascade County, Montana
 
In July 2010, the EPA made a formal request to Hecla Mining Company for information regarding the Carpenter Snow Creek Superfund Site located in Cascade County, Montana. The Carpenter Snow Creek Site is located in a historic mining district, and in the early 1980s Hecla Limited leased 6 mining claims and performed limited exploration activities at the site. Hecla Limited terminated the mining lease in 1988.
 
In June 2011, the EPA informed Hecla Limited that it believes Hecla Limited, among several other viable companies, may be liable for cleanup of the site or for costs incurred by the EPA in cleaning up the site. The EPA stated in the June 2011 letter that it has incurred approximately $4.5 million in response costs and estimated that total remediation costs may exceed $100 million. Because Hecla Limited had very limited activity at the site, we do not believe that the outcome of the claim will have a material adverse effect on our results from operations or financial position. We have not recorded a liability relating to the site as of June 30, 2012.
 
Other Commitments and Obligations

Our contractual commitments as of June 30, 2012 included approximately $7.9 million for commitments relating to capital items at Lucky Friday and Greens Creek. In addition, our commitments relating to open purchase orders at June 30, 2012 included approximately $11.2 million and $0.8 million, respectively, for various capital items at the Greens Creek and Lucky Friday units, and approximately $0.4 million for various non-capital costs. We also have total commitments of approximately $14.4 million relating to scheduled payments on capital leases, including interest, primarily for equipment at our Greens Creek and Lucky Friday units (see Note 9 for more information).

We are obligated to pay $95.4 million to the plaintiffs over the next approximately two years pursuant to the previously disclosed Consent Decree entered on September 8, 2011 (“Consent Decree”), which settled Hecla Limited's Coeur d'Alene Basin environmental liability.  The remaining payments under the terms of the Consent Decree require third party surety for which Hecla Limited pays an annual maintenance fee. The first annual maintenance fee of $0.6 million was paid in October 2011.

We had letters of credit for approximately $0.6 million outstanding as of June 30, 2012 for reclamation and workers' compensation insurance bonding.
 
Other Contingencies
 
On February 1, 2012, a purported Hecla stockholder filed a putative class action lawsuit in U.S. District Court for the District of Idaho against Hecla and certain of our officers, one of whom is also a director.  The complaint, purportedly brought on behalf of all purchasers of Hecla common stock from October 26, 2010 through and including January 11, 2012, asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and seeks, among other things, damages and costs and expenses.  Specifically, the complaint alleges that Hecla, under the authority and control of the individual defendants, made certain false and misleading statements and allegedly omitted certain material information related to operational issues at the Lucky Friday mine. The complaint alleges that these actions artificially inflated the market price of Hecla common stock during the class period, thus purportedly harming investors who purchased shares during that time. A second suit was filed on February 14, 2012, alleging virtually identical claims. These complaints have been consolidated into a single case and a lead plaintiff and lead counsel has been appointed by the Court (Bricklayers of Western Pennsylvania Pension Plan, et al. v. Hecla Mining Company et al., Case No. 12-0042 (D. Idaho)).  We cannot predict the outcome of this lawsuit or estimate damages if plaintiffs were to prevail. We believe that these claims are without merit and intend to defend them vigorously.
 
 
10

 

Related to the above described class action lawsuits, Hecla has been named as a nominal defendant in seven shareholder derivative lawsuits which name as defendants certain Hecla executives and members of Hecla's Board of Directors. The cases are: Adams, et al. v. Baker, et al., Case No. 12-0119 (D. Idaho), filed on March 9, 2012 in the United States District Court for the District of Idaho; Cygan v. Crumley, et al., Case No. 12-1506 (Kootenai Cnty. Dist. Ct.), filed on February 23, 2012; Hesley v. Baker, et al., Case No. 12-0097 (D. Idaho), filed on February 29, 2012; Moss v. Baker, et al., Case No. 12-0098 (D. Idaho), filed on February 29, 2012; Murguia v. Crumley, et al., Case No. 12-1959 (Kootenai Cnty. Dist. Ct.), filed on March 9, 2012; South, et ux. v. Baker, et al., Case No. 7294-VCL (Del. Ch. Ct.), filed on March 1, 2012; and McCoy v. Crumley, et al., Case No. 12-3908 (Kootenai Cnty. Dist. Ct.), filed on May 24, 2012. These cases have been consolidated such that there is one case pending in Idaho federal court, one in Delaware Chancery Court, and two in Idaho state court (Kootenai County).  In general terms, these lawsuits allege breaches of fiduciary duties by the individual defendants and seek damages, purportedly on behalf of Hecla. In addition, the Board of Directors has received a letter on behalf of a purported shareholder demanding that Hecla commence litigation against certain executives and directors on substantially similar grounds.
 
On April 16, 2012, we and the other defendants in the South v. Baker case filed a motion to dismiss the complaint in the Delaware Court of Chancery.  On August 3, 2012, oral arguments were heard on this matter and we are awaiting the Court's decision.  The cases in Idaho federal court are currently stayed pending the anticipated motion to dismiss being filed by Hecla in the class action lawsuit in U.S. District Court for the District of Idaho.
 
In March 2012, Hecla Limited received notice of a complaint filed against it by the United Steel Workers, Local 5114, with the Federal Mine Safety Health Review Commission for compensation for bargaining unit workers at the Lucky Friday mine idled as a result of the previously-announced, temporary shutdown of the mine.  The complaint alleges the bargaining unit workers are entitled to compensation under Section 111 of Federal Mine Safety and Health Act of 1977 from November 16, 2011 - the date an order was issued by the Mine Safety Health Administration (“MSHA”) to Hecla Limited - until such time as the order is terminated. We believe the claim is without merit, and that all wages due under Section 111, which was an immaterial amount, have already been paid.  We may face a liability as a result of the union's claim in the range of $0 to $10 million; however, we have not recorded a liability relating to the claim as of June 30, 2012.

We are subject to other legal proceedings and claims not disclosed above which have arisen in the ordinary course of our business and have not been finally adjudicated. These can include, but are not limited to, legal proceedings and/or claims pertaining to environmental or safety matters. For example, in April 2011, a fatal accident occurred at the Lucky Friday Mine which was investigated by MSHA. In November 2011, an accident occurred as part of the construction of #4 Shaft which resulted in the fatality of one contractor employee.  In an unrelated incident, in December 2011, a rock burst occurred in a primary access way at the Lucky Friday and injured seven employees, with no fatalities as a result of that incident.  At the end of 2011, MSHA began a special impact investigation at the Lucky Friday mine which resulted in an order to remove loose cementitious material from the Silver Shaft, the primary access way from the surface at the Lucky Friday mine. As a result of MSHA's investigations related to these events, Hecla Limited has been issued monetary penalties (none of which are material, individually or in the aggregate), and may face additional enforcement actions, including additional monetary penalties  from MSHA or other governmental agencies. Although there can be no assurance as to the ultimate disposition of these other matters, we believe the outcome of these other proceedings will not have a material adverse effect on our results from operations or financial position.
 
Note 5.    Earnings Per Common Share

We are authorized to issue 500,000,000 shares of common stock, $0.25 par value per share, of which 285,546,859 shares were issued and outstanding at June 30, 2012.
 
 
11

 

The following table reconciles weighted average common shares used in the computations of basic and diluted earnings per share for the three- and six-month periods ended June 30, 2012 and 2011 (thousands, except per-share amounts):

    Three Months Ended
June 30,
    Six Months Ended
June 30,
 
   
2012
   
2011
   
2012
   
2011
 
Numerator
               
Net income
  $ 2,524     $ 33,317     $ 15,096     $ 76,674  
Preferred stock dividends
    (138 )     (138 )     (276 )     (276 )
Net income applicable to common shares for basic and diluted earnings per share
  $ 2,386     $ 33,179     $ 14,820     $ 76,398  
                                 
Denominator
                               
Basic weighted average common shares
    285,312       279,347       285,303       278,901  
Dilutive stock options and restricted stock
    9,848       16,409       10,797       17,119  
Diluted weighted average common shares
    295,160       295,756       296,100       296,020  
Basic earnings per common share
                               
Net income applicable to common shares
  $ 0.01     $ 0.12     $ 0.05     $ 0.27  
Diluted earnings per common share
                               
Net income applicable to common shares
  $ 0.01     $ 0.11     $ 0.05     $ 0.26  

Diluted income per share for the three- and six-month periods ended June 30, 2012 and 2011 excludes the potential effects of outstanding shares of our convertible preferred stock, as their conversion and exercise would have no effect on the calculation of dilutive shares.

Options to purchase 605,005 shares of our common stock were excluded from the computation of diluted earnings per share for the three-month and six-month periods ended June 30, 2012.  For the three-month and six-month periods ended June 30, 2011, options to purchase 552,388 and 333,388 shares of our common stock were excluded from the computation of diluted earnings per share.  In each case, the exercise price of the options not included in the computations of diluted earnings per share exceeded the average price of our stock during those periods and therefore would not affect the calculation of earnings per share.

Note 6.    Business Segments

We are currently organized and managed by two reporting segments: the Greens Creek unit and the Lucky Friday unit.

General corporate activities not associated with operating units and their various exploration activities, as well as discontinued operations and idle properties, are presented as “other.”  Interest expense, interest income and income taxes are considered general corporate items, and are not allocated to our segments.
 
 
12

 

The following tables present information about reportable segments for the three and six months ended June 30, 2012 and 2011 (in thousands):

   
Three Months Ended
June 30,
   
Six Months Ended
June 30,
 
   
2012
   
2011
    2012    
2011
 
Net sales to unaffiliated customers:
               
Greens Creek
 
$
67,023
   
$
81,816
   
$
157,923
   
$
183,618
 
Lucky Friday
 
(4
)
 
36,044
   
249
   
70,606
 
   
$
67,019
   
$
117,860
   
$
158,172
   
$
254,224
 
Income (loss) from operations:
               
Greens Creek
 
$
23,313
   
$
45,054
   
$
70,695
   
$
103,563
 
Lucky Friday
 
(6,498
)
 
20,596
   
(12,441
)
 
40,508
 
Other
 
(19,296
)
 
(11,859
)
 
(35,299
)
 
(21,545
)
   
$
(2,481
)
 
$
53,791
   
$
22,955
   
$
122,526
 

The reductions in sales and income (loss) from operations at the Lucky Friday segment for the second quarter and first half of 2012 compared to the same periods in 2011 are due to the temporary suspension of production at the Lucky Friday mine during the 2012 period.  At the end of 2011, MSHA began a special impact inspection at the Lucky Friday mine which resulted in an order to remove loose cementitious material from the Silver Shaft. In response, we submitted a plan to MSHA and received approval to remove the material, and this work commenced in the first quarter of 2012. In addition, the plan includes removal of unused utilities, construction of a water ring to prevent ice from forming in the winter, the installation of a metal brattice, repair of shaft steel, and installation of a new power cable, all of which should improve the shaft's functionality and possibly improve the shaft's hoisting capacity. We currently anticipate that the Silver Shaft work will be completed in late 2012, with production at the Lucky Friday temporarily suspended until early 2013.  The smelter contracts related to treatment of Lucky Friday concentrates have been suspended during the care-and-maintenance period based on force majeure. With the Silver Shaft work completed down to the 4900 foot level, we expect to commence work on a haulage way bypassing an area at the 5900 level impacted by a rock burst in December 2011. In addition to work on the Silver Shaft, other significant surface and underground capital programs are being planned, including restart of the #4 Shaft sinking sometime in early 2013.  However, the timing of completion of the Silver Shaft work and resumption of production and work on the #4 Shaft project at the Lucky Friday mine may ultimately vary from our current estimates.  We expect to spend up to $50 million on all of these projects, including approximately $26 million to remove the loose cementitious material and for shaft improvements and $24 million on other capital projects. We expect to incur non-capitalized expenses of $26 million, based on the assumption that the mine will be on standby for the remainder of 2012 as this work is completed.  As of the second quarter and first six months of 2012, we have incurred $6.4 and $12.6 million, respectively, in non-capitalized expenses, including $1.6 million and $3.1 million, respectively, in depreciation, depletion, and amortization, which is reported in Lucky Friday suspension-related costs on the Condensed Consolidated Statements of Operations and Comprehensive Income (Unaudited).

The following table presents identifiable assets by reportable segment as of June 30, 2012 and December 31, 2011 (in thousands):

   
June 30, 2012
   
December 31, 2011
 
Identifiable assets:
           
Greens Creek
  $ 738,109     $ 729,289  
Lucky Friday
    226,516       213,285  
Other
    425,869       453,516  
    $ 1,390,494     $ 1,396,090  
 
 
13

 
 
Note 7.   Employee Benefit Plans

We sponsor defined benefit pension plans covering substantially all U.S. employees.  Net periodic pension cost for the plans consisted of the following for the three and six months ended June 30, 2012 and 2011 (in thousands):

   
Three Months Ended
June 30,
 
   
Pension Benefits
   
Other Benefits
 
   
2012
   
2011
   
2012
   
2011
 
Service cost
  $ 994     $ 970     $ 17     $ 13  
Interest cost
    1,017       1,029       20       20  
Expected return on plan assets
    (1,145 )     (1,371 )     22       22  
Amortization of prior service cost
    100       100       (26 )     (33 )
Amortization of net (gain) loss
    706       220       7       11  
Net periodic benefit cost
  $ 1,672     $ 948     $ 40     $ 33  


   
Six Months Ended
June 30,
 
   
Pension Benefits
   
Other Benefits
 
   
2012
   
2011
   
2012
   
2011
 
Service cost
  $ 1,987     $ 1,939     $ 34     $ 27  
Interest cost
    2,034       2,057       39       39  
Expected return on plan assets
    (2,290 )     (2,741 )     22       22  
Amortization of prior service cost
    200       201       (15 )     (22 )
Amortization of net (gain) loss
    1,413       440              
Net periodic benefit cost
  $ 3,344     $ 1,896     $ 80     $ 66  
 
The increased service costs in 2012 versus 2011 were driven primarily by higher staffing and compensation levels.

We expect to contribute $2.0 million to the pension plans during the second half of 2012 (no contributions have been made to date in 2012).

Note 8.    Shareholders’ Equity

Share-based Compensation Plans

We periodically grant stock options, restricted stock unit awards, and/or shares of common stock to our employees and directors.  We measure the fair value of compensation cost for stock options issued pursuant to our equity compensation plans using the Black-Scholes options pricing model.  Stock option grants generally vest immediately. However, grants to individual executives upon hiring or retention vest over a defined service period, with cost amortized over that period. We measure compensation cost for restricted stock units and stock grants at the closing price of our stock at the time of grant.  Restricted stock unit grants vest after a named period with compensation cost amortized over that period.

On June 25, 2012, the Board of Directors granted 440,735 restricted stock units to employees, with one third of those vesting in June 2013, one third vesting in June 2014, and one third vesting in June 2015.  The Board of Directors granted an additional 262,934 restricted stock units on June 25, 2012 that vest in June 2013.  The $1.9 million in expense related to the unit awards vesting in 2013 will be recognized on a straight-line basis over the next twelve months, while the $0.7 million in expense related to awards vesting in each of 2014 and 2015 will be recognized over the next twenty-four and thirty-six month periods, respectively.

In the second quarter of 2012, a total of 77,976 common shares were issued to nonemployee directors.  We issued a total of 42,636 common shares to nonemployee directors in the second quarter of 2011.

Stock-based compensation expense for restricted stock unit grants to employees and shares issued to nonemployee directors recorded in the first six months of 2012 totaled $1.5 million, compared to $0.9 million in the same period last year.
 
 
14

 

Under the terms of our equity compensation plans, we have permitted our employees' withholding tax obligations with respect to shares awarded thereunder which have vested to be satisfied by net share settlement.  As a result, in the first half of 2012, we repurchased 39,538 shares for $0.2 million, or approximately $4.58 per share.

Common Stock Dividends

In September 2011, our Board of Directors adopted a common stock dividend policy that links the amount of anticipated dividends on our common stock to our average quarterly realized silver price in the preceding quarter.  For illustrative purposes only, the table below summarizes potential per share dividend amounts at different quarterly average realized price levels according to the policy:
 
Quarterly average realized silver price per ounce
 
Quarterly dividend per share
   
Annualized dividend per share
 
$30
  $ 0.01     $ 0.04  
$35
  $ 0.02     $ 0.08  
$40
  $ 0.03     $ 0.12  
$45
  $ 0.04     $ 0.16  
$50
  $ 0.05     $ 0.20  
$55
  $ 0.06     $ 0.24  
$60
  $ 0.07     $ 0.28  

On February 17, 2012, our Board of Directors declared a silver price-linked common stock dividend of $0.01 per share based on the average realized silver price of $31.61 per ounce in the fourth quarter of 2011.  In addition, in February 2012, our Board of Directors adopted an additional common stock dividend policy that includes a minimum anticipated annual dividend of $0.01 per share of common stock, payable quarterly when declared, and declared a dividend of $0.0025 per share pursuant to that policy.  Therefore, the aggregate common stock dividend declared by our Board of Directors was $0.0125 per share, for a total of approximately $3.6 million paid in March 2012.  On May 8, 2012, our Board of Directors declared a silver price-linked common stock dividend of $0.02 per share, based on the realized silver price for the first quarter of 2012 of $36.59, along with a $0.0025 common dividend related to our $0.01 minimum anticipated annual dividend policy.  The total cash dividend of approximately $6.4 million was paid in June 2012.  A silver price-linked dividend was not declared for the second quarter of 2012, as the average realized silver price of $27.05 per ounce was below the minimum threshold of $30 according to the policy.  On August 7, 2012, our Board of Directors declared a $0.0025 common dividend related to our $0.01 minimum anticipated annual dividend policy, with the total dividend of approximately $0.7 million to be paid in the third quarter of 2012.  The declaration and payment of common stock dividends is at the sole discretion of our Board of Directors.

Common Stock Repurchase Program

On May 8, 2012, we announced that our Board of Directors approved a stock repurchase program.  Under the program, we are authorized to repurchase up to 20 million shares of our outstanding common stock from time to time in open market or privately negotiated transactions, depending on prevailing market conditions and other factors.  The repurchase program may be modified, suspended or discontinued by us at any time.  As of June 30, 2012, no shares had been purchased under the repurchase program.  During July 2012, 60,000 shares were purchased at an average price of $4.89 per share, leaving 19.94 million shares that may yet be purchased under the program.  The closing price of our common stock at August 6, 2012, was $4.69 per share.

 Conversion of 6.5% Mandatory Convertible Preferred Stock to Common Stock

On January 1, 2011, all 2,012,500 outstanding shares of our 6.5% Mandatory Convertible Preferred Stock were automatically converted to shares of our common stock at a conversion rate of 9.3773 shares of Common Stock for each share of 6.5% Mandatory Convertible Preferred Stock.  We issued approximately 18.9 million shares of common stock in connection with the mandatory conversion.  The final $3.3 million quarterly dividend on the 6.5% Mandatory Convertible Preferred Stock for the quarter ended December 31, 2010 was paid in cash in January 2011.
 
 
15

 

Warrants
 
The following table summarizes certain information about our stock purchase warrants at June 30, 2012:
 

Warrants Outstanding
 
Warrants
 
Exercise Price
 
Expiration Date
Series 1 warrants
 
5,200,519
 
$
2.42
 
June 2014
Series 1 warrants
 
460,976
 
2.53
 
June 2014
Series 3 warrants
 
16,671,128
 
2.47
 
August 2014
Total warrants outstanding
 
22,332,623
       

No warrants were exercised during the first six months of 2012.  Under the financial terms of the Consent Decree settling the Coeur d’Alene Basin litigation, the proceeds from the exercise of our outstanding warrants will be paid to the Plaintiffs within 30 days after the end of the quarter when exercised.  Proceeds from Series 1 and Series 3 warrant exercises  totaling approximately $0.7 million and $10.5 million were paid to the Plaintiffs in 2012 and 2011, respectively, under the terms of the Consent Decree.

Note 9.    Credit Facilities and Capital Leases

Credit Facilities

We have a $100 million senior secured revolving credit facility, which is collateralized by the shares of common stock held in our material subsidiaries and by our joint venture interests in the Greens Creek mine, all of our rights and interests in the joint venture agreement, and all of our rights and interests in the assets of the joint venture.  This credit facility originated from a $60 million senior secured revolving credit agreement entered into in October 2009.  The agreement was amended in December 2010 to extend the term of the agreement, reduce the commitment fee rate and interest rate spreads, allow the issuance of secured and unsecured debt and investments to governmental authorities as payment of obligations owed to such authorities, and to allow the release of certain liens and security interests granted to the lenders to secure the credit facility. The agreement was again amended on October 10, 2011 to increase the secured revolving credit facility to $100 million. Amounts borrowed under the credit agreement are available for general corporate purposes.  The interest rate on outstanding loans under the agreement is between 2.75% and 3.5% above the LIBOR or an alternative base rate plus an applicable margin of between 1.75% and 2.5%.  We are required to pay a standby fee of between 0.825% and 1.05% per annum on undrawn amounts under the revolving credit agreement.  The credit facility is effective until September 30, 2014. We incurred $0.2 million in interest expense in the first six months of 2012 for the amortization of loan origination fees and $0.4 million in interest expense for commitment fees relating to the credit agreement.  
 
The credit agreement includes various covenants and other limitations related to our various financial ratios and indebtedness and investments, as well as other information and reporting requirements, including the following limitations:

 
Leverage ratio (calculated as total debt divided by EBITDA) of not more than 3.0:1.
 
Interest coverage ratio (calculated as EBITDA divided by interest expense) of not less than 3.0:1.
 
Current ratio (calculated as current assets divided by current liabilities) of not less than 1.10:1.
 
Tangible net worth of greater than $500 million.

We were in compliance with all covenants under the credit agreement as of June 30, 2012.  We have not drawn funds on the current revolving credit facility as of the filing date of this quarterly report on Form 10-Q.

On August 2, 2012, we increased our revolving credit facility from $100 million to $150 million, with the amended agreement extending three years from signing. The LIBOR margin increased from 2.75% - 3.50% under the current facility to 3.00% - 3.75% under the amended facility, and the base margin rate increased from 1.75%  - 2.50% to 2.00% - 2.75%.  Financial covenants, anticipated use of borrowings, and other terms and conditions remain unchanged from the facility discussed above.

Capital Leases

We have entered into various lease agreements since 2009 for equipment at our Greens Creek and Lucky Friday units, which we have determined to be capital leases.  We have a total liability of $13.6 million at June 30, 2012, relating to the lease obligations, with $4.6 million of the liability classified as current and $9.1 million classified as non-current. At December 31, 2011, the total liability balance associated with capital leases was $10.3 million, with $4.0 million of the liability classified as current and $6.3 million classified as non-current. The total obligation for future minimum lease payments was $14.4 million at June 30, 2012, with $0.8 million attributed to interest.
 
 
16

 

At June 30, 2012, the annual maturities of capital lease commitments, including interest, are (in thousands):
 
Twelve-month period ending June 30,      
 
2013
  $ 4,460  
 
2014
    4,267  
 
2015
    3,668  
 
2016
    1,984  
 
2017
    10  
 
Total
    14,389  
 
Less:  imputed interest
    (783 )
 
Net capital lease obligation
  $ 13,606  

Note 10.    Developments in Accounting Pronouncements

In June 2011, the Financial Accounting Standards Board (“FASB”) issued Accounting Standards Update (“ASU”) 2011-05, which, among other things, amended Subtopic 220 with respect to the presentation of other comprehensive income and its components in the financial statements.  Under the update, a Securities and Exchange Commission filer may present other comprehensive income either in a single continuous statement or in two separate but consecutive statements.  The filer is also required to present on the face of the financial statements reclassification adjustments for items that are reclassified from other comprehensive income to net income in the statements where the components of net income and the components of other comprehensive income are presented.  The amendments in this update apply to both annual and interim periods beginning after December 15, 2011, with the exception of the amendment regarding presentation of reclassification adjustments, which has been deferred to a later date.  Adoption of this guidance has not had a material impact on our consolidated financial statements (audited and unaudited condensed).

In May 2011, the FASB issued ASU 2011-04, which amends Subtopic 820 to clarify the application of existing common fair value measurement and disclosure requirements.   ASU 2011-04 provides clarification for the following:
1. the application of the highest and best use of valuation premise concepts;
2. measuring the fair value of an instrument classified in shareholders’ equity; and
3. disclosures about fair value measurements.

The amendments in this update became effective for interim and annual periods beginning after December 15, 2011.  Adoption of this guidance has not had a material impact on our consolidated financial statements (audited and unaudited condensed).

Note 11.    Derivative Instruments

At times, we use commodity forward sales commitments and commodity swap contracts to manage our exposure to fluctuation in the prices of certain metals which we produce. Contract positions are designed to ensure that we will receive a defined minimum price for certain quantities of our production, thereby partially offsetting our exposure to fluctuations in the market. These instruments do, however, expose us to other risks, including the amount by which the contract price exceeds the spot price of a commodity, and nonperformance by the counterparties to these agreements.
 
We use financially-settled forward contracts to sell lead and zinc at fixed prices for settlement at approximately the same time that our unsettled concentrate sales contracts will settle.  The settlement of each concentrate contract is based on the average spot price of the metal during the month of settlement, which may differ from the prices used to record the sale when the sale takes place.  The objective of the contracts is to manage the exposure to changes in prices of zinc and lead contained in our concentrate shipments between the time of sale and final settlement.  These contracts do not qualify for hedge accounting and are marked-to-market through earnings each period.  At June 30, 2012, we recorded a current asset of $0.2 million, which is included in other current assets, for the fair value of the contracts.  The current asset balance is net of approximately $0.3 million for contracts that were in a fair value liability position at June 30, 2012.  We recognized a $0.1 million net loss on the contracts during the first six months of 2012, which is included in sales of products.  The net loss recognized on the contracts offsets price adjustments on our provisional concentrate sales related to changes to lead and zinc prices between the time of sale and final settlement.
 
 
17

 
 
In addition, we use financially-settled forward contracts to manage the exposure of changes in prices of zinc and lead contained in our forecasted future concentrate shipments.  These contracts also do not qualify for hedge accounting and are marked-to-market through earnings each period.  At June 30, 2012, we recorded a current asset of $17.5 million, which is included in other current assets, and a non-current asset of $5.7 million, which is included in other non-current assets, for the fair value of the contracts.  The current asset balance is net of approximately $19,000 for contracts that were in a fair value liability position at June 30, 2012. We recognized a $0.9 million net gain on the contracts during the first six months of 2012, which included $10.2 million in gains realized on settled contracts and $9.3 million in unrealized losses for mark-to-market adjustments on unsettled contracts. The net gain on these contracts is included as a separate line item under other income (expense), as they relate to forecasted future shipments, as opposed to sales that have already taken place but are subject to final pricing.  The gains recognized during the first six months of 2012 are the result of declining lead and zinc prices during the end of June 2012.  This program is designed to mitigate the impact of potential future declines in lead and zinc prices from the price levels established in the contracts (see average price information below).

As further discussed in Note 6, production at the Lucky Friday mine is temporarily suspended due to the requirement to remove material from the Silver Shaft.  As a result, during the first quarter of 2012, we liquidated forward contracts related to previously forecasted Lucky Friday base metal sales for total net proceeds of $3.1 million.

The following tables summarize the quantities of base metals committed under forward sales contracts at June 30, 2012 and December 31, 2011:
 
June 30, 2012
 
Metric tonnes under contract
   
Average price per pound
 
   
Zinc
   
Lead
   
Zinc
   
Lead
 
Contracts on provisional sales
                       
2012 settlements
    9,000       2,300     $ 0.86     $ 0.84  
Contracts on forecasted sales
                               
2012 settlements
    5,925       2,500     $ 1.11     $ 1.12  
2013 settlements
    10,375       13,850     $ 1.10     $ 1.14  


December 31, 2011
 
Metric tonnes under contract
   
Average price per pound
 
   
Zinc
   
Lead
   
Zinc
   
Lead
 
Contracts on provisional sales
                       
2012 settlements
    9,600       2,600     $ 0.86     $ 0.89  
Contracts on forecasted sales
                               
2012 settlements
    20,500       15,900     $ 1.12     $ 1.12  
2013 settlements
    8,275       11,150     $ 1.14     $ 1.17  

Our concentrate sales are based on a provisional sales price containing an embedded derivative that is required to be separated from the host contract for accounting purposes. The host contract is the receivable from the sale of the concentrates at the forward price at the time of the sale. The embedded derivative, which does not qualify for hedge accounting, is adjusted to market through earnings each period prior to final settlement.

Note 12.    Fair Value Measurement

The table below sets forth our assets and liabilities that were accounted for at fair value on a recurring basis and the fair value calculation input hierarchy level that we have determined applies to each asset and liability category (in thousands).  

 
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Description
 
Balance at
June 30, 2012
   
Balance at
December 31, 2011
 
Input
Hierarchy Level
Assets:
             
Cash and cash equivalents:
             
Money market funds and other bank deposits
  $ 233,327     $ 266,463  
Level 1
Available for sale securities:
                 
Equity securities – mining industry
    2,671       3,923  
Level 1
Trade accounts receivable:
                 
Receivables from provisional concentrate sales
    30,484       10,996  
Level 2
Restricted cash balances:
                 
Certificates of deposit and other bank deposits
    866       866  
Level 1
Derivative contracts:
                 
Base metal forward contracts
    23,374       32,750  
Level 2
Total assets
  $ 290,722     $ 314,998    
 
Cash and cash equivalents consist primarily of money market funds and are valued at cost, which approximates fair value.

Current and non-current restricted cash balances consist primarily of certificates of deposit and U.S. Treasury securities and are valued at cost, which approximates fair value.

Our current and non-current investments consist of marketable equity securities which are valued using quoted market prices for each security.

Trade accounts receivable include amounts due to us for shipments of concentrates and doré sold to smelters and refiners.  Revenues and the corresponding accounts receivable for sales of metals products are recorded when title and risk of loss transfer to the customer (generally at the time of loading on truck or ship).  Sales of concentrates are recorded using estimated forward prices for the anticipated month of settlement applied to our estimate of payable metal quantities contained in each shipment.  Sales are recorded net of estimated treatment and refining charges, which are also impacted by changes in metals prices and quantities of contained metals.  We estimate the prices at which sales of our concentrates will be settled due to the time elapsed between shipment and final settlement with the smelter.  Receivables for previously recorded concentrate sales are adjusted to reflect estimated forward metals prices at the end of each period until final settlement by the smelter.  We obtain the forward metals prices used each period from a pricing service.  Changes in metal prices between shipment and final settlement result in changes to revenues previously recorded upon shipment.  The embedded derivative contained in our concentrate sales is adjusted to fair market value through earnings each period prior to final settlement.

We use financially-settled forward contracts to manage the exposure of changes in prices of zinc and lead contained in our concentrate shipments that have not reached final settlement.  We also use financially-settled forward contracts to manage the exposure of changes in prices of zinc and lead contained in our forecasted future concentrate shipments (see Note 11 for more information).  These contracts do not qualify for hedge accounting, and are marked-to-market through earnings each period.  The fair value of each contract represents the present value of the difference between the forward metal price for the contract settlement period as of the measurement date and the contract settlement metal price.
 
Note 13.    Asset Retirement Obligations

Below is a reconciliation as of June 30, 2012 and December 31, 2011 (in thousands) of the asset retirement obligations ("ARO") relating to our operating properties, which are included in our total accrued reclamation and closure costs of $151.5 million and $153.8 million, respectively. The estimated reclamation and abandonment costs were discounted using credit adjusted, risk-free interest rates ranging from 6% to 7% from the time we incurred the obligation to the time we expect to pay the retirement obligation.
 
 
19

 
 
   
2012
   
2011
 
Balance, January 1
 
$
37,643
   
$
36,397
 
Changes in obligations due to changes in reclamation plans
 
   
387
 
Accretion expense
 
562
   
1,119
 
Payment of reclamation obligations
 
(170
)
 
(260
)
Balance, end of period
 
$
38,035
   
$
37,643
 

The ARO for our Greens Creek mine of $36.7 million as of June 30, 2012 reflects a plan for reclamation and closure of the mine at the end of its life having estimated undiscounted costs of approximately $53.4 million.  In April 2012, the United States Forest Service issued a draft Environmental Impact Statement in connection with our proposal to increase tailings capacity at the Greens Creek mine.  As part of that process and our regular (every 5 years) renewal of our Waste Management Permit with the State of Alaska, it is likely that we will be required to update our reclamation and closure plan.  Preliminary updating work performed in July 2012 has indicated that closure costs may be significantly higher than previously estimated.  The expected increase in closure costs results from the possible inclusion of long term water treatment on an increased scale than was included as part of our prior permit renewals.  This increase in scale is the result of new interpretations of model data by the State that were not included in our prior permit renewals.  Development of the revised closure plan has not been completed, and we currently do not have sufficient information to make a reasonable estimate of the change in the fair value of the ARO.  However, we anticipate that an increase in the ARO for Greens Creek will be required by the second half of 2012 upon completion of the revised closure plan in connection with the permit renewal. In addition, we expect to increase our ARO and further revise our closure plan for tailings capacity expansion in 2013.  Increases to the ARO liability would be recorded with corresponding increases to the ARO asset balance, which is included in Properties, plants, equipment, and mineral interests, net on our Condensed Consolidated Balance Sheets.  As a result, we do not anticipate the increase in the ARO for Greens Creek to have a material impact on our results of operations.  However, as part of the revised closure plan, we may be required to increase our current $30 million reclamation bond for Greens Creek.  Although we do not know the amount of such increase, it likely will be a material amount, and there can be no assurance that this bonding capacity will be available to us at that time.

Note 14.    Subsequent Events

On July 26, 2012, we announced a cash tender offer to acquire U.S. Silver Corporation pursuant to which our indirect wholly-owned subsidiary made offers to acquire all of the outstanding common shares of U.S. Silver Corporation ("U.S. Silver") for CDN$1.80 per common share in cash and acquire each outstanding common share purchase warrant for CDN$0.205 (its "in the money" amount based on such price per common share), for total consideration of approximately US$100 million.    The offer reflects a 23% premium to the closing price of U.S. Silver common stock of CDN$1.41 per share, and a 28% premium to the 20-day volume weighted average price of CDN$1.41 per share of U.S. Silver on the Toronto Stock Exchange as of July 24, 2012.  Upon successful completion of the offer, the Company would offer to pay holders of U.S. Silver options (vested or not) for the cancellation of their options the greater of: (a) their "in the money amount" or (b) CDN$0.01 per option in cash.  The offer is set to expire on August 31, 2012, unless previously extended or withdrawn.  There can be no assurance that our cash tender offer will be successful in allowing us to acquire U.S. Silver.  U.S. Silver owns the the Galena and Coeur mines, which are in close proximity to our Lucky Friday Mine and our pre-development and exploration activities in Idaho's Coeur d'Alene Mining District.

In June, the U.S. Silver Board of Directors approved a proposed business combination between U.S. Silver and RX Gold & Silver Inc.  Shareholders of U.S Silver are scheduled to vote on the proposed transaction at a special meeting of U.S. Silver shareholders, currently scheduled for August 7, 2012.

On July 23, 2012, we approached the Board of Directors of U.S Silver to discuss the offer and, at that time, expressed a strong desire to enter into a friendly transaction supported by the Board of Directors of U.S. Silver; however, the two companies were unable to reach an agreement on how best to proceed on a timely basis.  Given this impasse and the rapidly approaching meetings on the proposed RX Gold & Silver Inc. transaction, we felt compelled to make our offer directly to holders of U.S. Silver common shares and warrants and provide them with the opportunity to receive what we believe is superior consideration for their shares.
 
On August 7, 2012, the shareholders of U.S. Silver voted to approve the business combination with Rx Gold & Silver Inc. As a result, one of the conditions to Hecla's tender offer was not satisfied, and therefore on August 7, we withdrew the cash tender offer to acquire U.S. Silver.
 
 
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Item 2.    Management's Discussion and Analysis of Financial Condition and Results of Operations

Certain statements contained in this Form 10-Q, including in Management’s Discussion and Analysis of Financial Condition and Results of Operations and Quantitative and Qualitative Disclosure About Market Risk, are intended to be covered by the safe harbor provided for under Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended.  Our forward-looking statements include our current expectations and projections about future results, performance, results of litigation, prospects and opportunities, including reserves and other mineralization. We have tried to identify these forward-looking statements by using words such as “may,” “will,” “expect,” “anticipate,” “believe,” “intend,” “feel,” “plan,” “estimate,” “project,” “forecast” and similar expressions.  These forward-looking statements are based on information currently available to us and are expressed in good faith and believed to have a reasonable basis.  However, our forward-looking statements are subject to a number of risks, uncertainties and other factors that could cause our actual results, performance, prospects or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements.

These risks, uncertainties and other factors include, but are not limited to, those set forth under Part I, Item 1A – Business – Risk Factors in our annual report filed on Form 10-K for the year ended December 31, 2011 and under Part II – Other Information, Item 1A. Risk Factors in this quarterly report on Form 10-Q. Given these risks and uncertainties, readers are cautioned not to place undue reliance on our forward-looking statements.  All subsequent written and oral forward-looking statements attributable to Hecla Mining Company or to persons acting on our behalf are expressly qualified in their entirety by these cautionary statements.  Except as required by federal securities laws, we do not intend to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Overview

Hecla Mining Company and its subsidiaries have provided precious and base metals to the U.S. economy and worldwide since 1891. We discover, acquire, develop, produce, and market silver, gold, lead and zinc.  In doing so, we intend to manage our business activities in a safe, environmentally responsible and cost-effective manner.

We produce lead, zinc and bulk concentrates, which we sell to custom smelters, and unrefined gold and silver bullion bars (doré), which may be sold or further refined before sale to precious metals traders.  We are organized and managed in two segments that encompass our operating units:  the Greens Creek and Lucky Friday units.  The map below shows the locations of our operating units and our exploration projects, as well as our corporate offices located in Coeur d'Alene, Idaho and Vancouver, British Columbia.

 
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Our current business strategy is to focus our financial and human resources in the following areas:
 
 
operating our properties safely, in an environmentally responsible manner, and cost-effectively;
 
recommencing operations and construction at our Lucky Friday unit in light of the temporary interruption to most operations at the mine in December 2011.  See the Lucky Friday Segment section below for more information;
 
expanding our reserves and production capacity at our operating properties;
 
maintaining and investing in exploration and pre-development projects in the vicinities of four mining districts we believe to be under-explored and under-invested: North Idaho's Silver Valley in the historic Coeur d'Alene Mining District; our Greens Creek unit on Alaska's Admiralty Island located near Juneau; the silver-producing district near Durango, Mexico; and the Creede district of Southwestern Colorado; and
 
continuing to seek opportunities to acquire and invest in mining properties and companies.

A number of key factors may impact the execution of our strategy, including regulatory issues, rehabilitation of the Lucky Friday mine, and metals prices.  Metals prices can be very volatile. As discussed in the Critical Accounting Estimates section below, metals prices are influenced by a number of factors beyond our control.  Average market prices of silver, lead, and zinc in the first six months of 2012 were lower than their levels from the comparable period last year, while average prices for gold were higher in the first six months of 2012 compared to the same period in 2011, as illustrated by the table in Results of Operations below. We believe current global economic and industrial trends could result in continued demand growth for the metals we produce.  However, prices have been volatile over the last five years and there can be no assurance that current prices will continue.
 
 
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As discussed in the Financial Liquidity and Capital Resources section below, we believe our cash, cash equivalents, investments, projected cash from operations, and availability of financing, if needed, will be adequate to meet our obligations during the next twelve months, including obligations relating to growth opportunities.  One such opportunity is the construction of an internal shaft at the Lucky Friday mine (“#4 Shaft”), which, we believe, could significantly increase production and extend the life of the mine.  The #4 Shaft project will involve significant additional capital costs during the periods leading up to its expected completion date by early 2016.  As discussed in the Lucky Friday Segment section below, the requirement to remove loose material from the Silver Shaft has temporarily suspended work on the #4 Shaft project. In addition, on July 26, 2012, we commenced offers to acquire all of the outstanding common shares of U.S. Silver Corporation for CDN$1.80 per share in cash and to acquire each outstanding common share purchase warrant for CDN$0.205 per share, for a total value of approximately US$100 million (see Note 14 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information).  U.S. Silver Corporation owns the Galena and Coeur mines in Idaho's Coeur d'Alene Mining District.  Although we believe that our current capital resources will allow us to complete these activities, there are a number of factors that could affect them. On August 7, 2012, we withdrew our offer to acquire all of the outstanding shares and warrants of U.S. Silver.

Although we strive to manage our activities in an environmentally responsible manner, another challenge that we face is the risk associated with environmental matters and ongoing reclamation activities. As described in Item 1A. Risk Factors in our annual report filed on Form 10-K for the year ended December 31, 2011 and Note 4 of Notes to Condensed Consolidated Financial Statements (Unaudited) in this Form 10-Q, it is possible that our estimate of these liabilities (and our ability to estimate liabilities in general) may change in the future, affecting our strategic plans.  In 2011, we finalized the terms of settlement with the Plaintiffs in the Coeur d'Alene Basin environmental litigation, which reduced the uncertainty regarding our liability and liquidity needs relating to what we believe to be our most significant environmental matter.   However, we are involved in other environmental legal matters, and there can be no assurance that the estimate of our environmental liabilities, liquidity needs, or strategic plans will not be significantly impacted as a result of these matters or new matters that may arise.

We strive to achieve excellent mine safety and health performance. We seek to implement this goal by: training employees in safe work practices; openly communicating with employees; establishing, following and improving safety standards; investigating accidents, incidents and losses to avoid recurrence; and involving employees in the establishment of safety standards. We attempt to implement reasonable best practices with respect to mine safety and emergency preparedness.  In spite of these efforts, two fatal accidents, one involving a company employee, and one involving a contractor's employee, and another incident involving injury to seven employees occurred at our Lucky Friday mine during 2011.  As previously disclosed, at the end of 2011, following a rock burst which occurred in the 5900 level of the mine, MSHA began a special impact inspection at the Lucky Friday mine. This MSHA inspection resulted in an order to remove loose cementitious material from the Silver Shaft, the primary access way from surface at the Lucky Friday mine, despite the fact that the Silver Shaft was not involved in the rock burst accident or any of the other incidents which occurred in 2011.  Underground access is limited until the Silver Shaft work is completed, and we anticipate that production will be suspended at the Lucky Friday mine until early 2013 as a result.  However, the timing of completion of the Silver Shaft work and resumption of production at the Lucky Friday mine may ultimately vary from our current estimates. See the Lucky Friday Segment section below for more information.  We continue to evaluate our safety practices and work with MSHA to address issues outlined in the investigations of the 2011 incidents.


Results of Operations

For the second quarter and first six months of 2012, we recorded income applicable to common shareholders of $2.4 million ($0.01 per basic common share) and $14.8 million ($0.05 per basic common share), respectively, compared to income applicable to common shareholders of $33.2 million ($0.12 per basic common share) and $76.4 million ($0.27 per basic common share) for the second quarter and first six months of 2011, respectively.  The following factors led to the results for the second quarter and first six months of 2012 compared to the same period in 2011:

 
Decreased gross profit at our Greens Creek and Lucky Friday units of $23.0 million and $20.8 million, respectively, for the second quarter of 2012, and by $34.5 million and $40.7 million, respectively, for the first six months of 2012 compared to the same periods in 2011.  See The Greens Creek Segment and The Lucky Friday Segment sections below.
 
$6.4 million in suspension-related costs at our Lucky Friday unit, including $1.6 million in depreciation, depletion, and amortization for the second quarter of 2012, and $12.6 million in suspension-related costs, including $3.1 million in depreciation, depletion, and amortization for the first six months of 2012.  See The Lucky Friday Segment section for more information on the temporary suspension of production.
 
Exploration and pre-development expense increased to $10.6 million in the second quarter of 2012 from $5.8 million in the same period in 2011 and to $19.6 million in the first six months of 2012 from $9.1 million in the same period in 2011, as we continue extensive exploration work at our Greens Creek unit, on our land package near Durango, Mexico, at our San Juan Silver project in the Creede district of Colorado, and in North Idaho's Coeur d’Alene Mining District near our Lucky Friday unit.  "Pre-development expense" is defined as costs incurred in the exploration stage that may ultimately benefit production, such as underground ramp development, which are expensed due to the lack of proven and probable reserves.  We have advanced pre-development projects during the first six months of 2012 at the Equity and Bulldog mines in the Creede district and at the Star mine in the Coeur d'Alene district which has given us access to historic workings and underground drill platforms at those sites.
 
Decreased average silver, zinc and lead prices for the second quarter and first six months of 2012 compared to the same periods in 2011.   However, average gold prices for the three- and six-month periods ended June 30, 2012 were higher than in the comparable periods in 2011.  These price variances are illustrated in the table below.
 
 
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The factors discussed above were partially offset by net gains on base metal derivative contracts and a lower income tax provision, each as described below.

The following table illustrates average market and realized prices for the second quarter and first six months of 2012 and 2011:
 
     
Three Months Ended
June 30,
   
Six Months Ended June 30,
 
     
2012
   
2011
   
2012
   
2011
 
Silver –
London PM Fix ($/ounce)
  $ 29.42     $ 38.17     $ 31.02     $ 34.92  
 
Realized price per ounce
  $ 27.05     $ 35.80     $ 32.37     $ 36.19  
Gold –
London PM Fix ($/ounce)
  $ 1,611     $ 1,504     $ 1,651     $ 1,444  
 
Realized price per ounce
  $ 1,588     $ 1,550     $ 1,675     $ 1,478  
Lead –
LME Final Cash Buyer ($/pound)
  $ 0.90     $ 1.16     $ 0.92     $ 1.17  
 
Realized price per pound
  $ 0.87     $ 1.15     $ 0.94     $ 1.17  
Zinc –
LME Final Cash Buyer ($/pound)
  $ 0.88     $ 1.02     $ 0.90     $ 1.06  
 
Realized price per pound
  $ 0.87     $ 1.02     $ 0.91     $ 1.06  

Concentrate sales are generally recorded as revenues at the time of shipment at forward prices for the estimated month of settlement, which differ from average market prices.  Due to the time elapsed between shipment of concentrates and final settlement with the smelters, we must estimate the prices at which sales of our metals will be settled.  Previously recorded sales are adjusted to estimated settlement metal prices each period through final settlement.  For the second quarter and first six months of 2012, we recorded net negative adjustments to provisional settlements of $2.4 million and net positive adjustments to provisional settlements of $3.7 million, respectively, compared to net negative price adjustments to provisional settlements of $7.6 million and $0.4 million, respectively, in the second quarter and first six months of 2011.  The price adjustments related to zinc and lead contained in our concentrate shipments were partly offset by gains and losses on forward contracts for those metals (see Note 11 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information).  The gains and losses on these contracts are included in revenues and impact the realized prices for lead and zinc.  We recognized overall net gains of $0.9 million and overall net losses of $0.1 million, respectively, on the contracts in the second quarter and first six months of 2012, and net gains on contracts of $49,000 and $0.7 million, respectively, for the second quarter and first six months of 2011.  Realized prices are calculated by dividing gross revenues for each metal by the payable quantities of each metal included in concentrate and doré shipped during the period.  The differences between our realized metal prices and average market prices are due primarily to the aforementioned gains and losses on forward contracts (for lead and zinc) and price adjustments resulting from the difference between metal prices upon transfer of title of concentrates to the buyer and metal prices at the time of final settlement, which are included in our revenues.

We recognized gains of $6.2 million and $0.9 million, respectively, on base metal derivative contracts for the second quarter and first six months of 2012, compared to a $0.6 million gain and a $1.5 million loss for the corresponding 2011 periods.  These gains and losses are related to financially-settled forward contracts on forecasted zinc and lead production as part of a risk management program.  See Item 3. Quantitative and Qualitative Disclosures About Market Risk - Commodity-Price Risk Management for more information on our derivatives contracts.
 
 
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Our income tax provisions of $0.7 million and $8.0 million in the second quarter and first six months of 2012, respectively, were lower than the $19.6 million and $43.1 million income tax provisions recognized in the comparable 2011 periods.  The lower current-year provisions are the result of decreased pre-tax income in the second quarter and first six months of 2012.  See Note 3 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information.


The Greens Creek Segment

The following is a comparison of the operating results and key production statistics of our Greens Creek segment (dollars are in thousands, except for per ton and per ounce amounts):
 
   
Three Months Ended
June 30,
   
Six Months Ended
June 30,
 
   
2012
   
2011
   
2012
   
2011
 
Sales
  $ 67,023     $ 81,816     $ 157,923     $ 183,618  
Cost of sales and other direct production costs
    (33,172 )     (25,112 )     (66,462 )     (56,840 )
Depreciation, depletion and amortization
    (9,879 )     (9,709 )     (19,540 )     (20,389 )
Gross profit
  $ 23,972     $ 46,995     $ 71,921     $ 106,389  
Tons of ore milled
    197,432       189,483       362,948       379,250  
Production:
                               
Silver (ounces)
    1,365,093       1,459,534       2,693,797       3,157,118  
Gold (ounces)
    13,257       14,426       25,909       28,856  
Zinc (tons)
    16,073       17,069       32,016       32,595  
Lead (tons)
    4,873       5,497       9,727       10,208  
Payable metal quantities sold:
                               
Silver (ounces)
    1,133,764       1,156,613       2,560,951       2,818,950  
Gold (ounces)
    10,252       11,744       22,112       23,334  
Zinc (tons)
    14,283       11,210       25,970       23,161  
Lead (tons)
    3,629       4,004       7,798       8,023  
Ore grades:
                               
Silver ounces per ton
    9.57       10.47       10.26       11.49  
Gold ounces per ton
    0.12       0.12       0.12       0.12  
Zinc percent
    9.34       10.33       10.10       9.85  
Lead percent
    3.29       3.70       3.54       3.49  
Mining cost per ton
  $ 61.23     $ 49.84     $ 62.51     $ 48.24  
Milling cost per ton
  $ 28.13     $ 31.98     $ 30.16     $ 29.81  
Total cash cost per silver ounce (1)
  $ 1.03     $ (2.70 )   $ 1.63     $ (1.64 )

 
(1)
A reconciliation of this non-GAAP measure to cost of sales and other direct production costs and depreciation, depletion and amortization, the most comparable GAAP measure, can be found below in Reconciliation of Total Cash Costs (non-GAAP) to Costs of Sales and Other Direct Production Costs and Depreciation, Depletion and Amortization (GAAP).
 
 
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The $23.0 million and $34.5 million decreases in gross profit during the second quarter and first six months of 2012, respectively, compared to the same 2011 period was primarily the result of lower silver ore grades and average prices for silver, zinc and lead, partially offset by higher average prices for gold.  Gross profit for the first half of 2012 was also impacted by lower ore production in the first quarter as a result of additional ground support work that diverted equipment and personnel away from production.  However, ore tonnage improved in the second quarter as progress was made on ground support and resources were refocused on production.  Gross profit for the second quarter of 2012 was also impacted by higher production costs due to increased use of contract miners, while higher maintenance costs in the the first quarter of 2012 negatively impacted gross profit for the first half of 2012, compared to the same period in 2011. In addition, gross profit at Greens Creek was impacted by negative price adjustments to revenues of $2.4 million for the second quarter of 2012 and positive price adjustments to revenues of $3.5 million during the first six months of 2012, compared to negative price adjustments of $5.6 million and positive price adjustments of $1.1 million for the second quarter and first six months of  2011, respectively. Price adjustments to revenues result from changes in metals prices between transfer of title of concentrates to buyers and final settlements during the period.  The impact of the positive price adjustments for the first six months of 2012 was partially offset by a net loss of $0.1 million on forward contracts related to concentrates shipped during 2012 compared to a gain of $0.7 million in the same period in 2011 (see Note 11 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information).  

Mining costs per ton increased 23% and milling costs per ton decreased by 12% in the second quarter of 2012 compared to the same period in 2011.  The higher mining costs were due primarily to increased use of contract miners at Greens Creek, while milling costs are down due to higher hydropower availability.  Mining and milling costs per ton increased by 30% and 1%, respectively, for the first six months of 2012 over the same period in 2011 as a result of lower production in the first quarter of 2012, resulting in mill throughput that decreased by 4% for the six-month period.  The higher mining costs per ton for the first half of 2012 was also attributable to increased maintenance costs during the first quarter of 2012.

Cash cost per ounce of silver increased by $3.73 for the second quarter of 2012 compared to the same period in 2011 primarily as a result of higher production costs of $2.47 per ounce and lower by-product credits of $3.78 per ounce.  The increase in production costs per ounce is mainly attributable to lower silver ounces produced due to lower silver ore grades.  The factors above were partially offset by lower treatment and freight costs by $1.93 per ounce and mine license tax and other costs by $0.58 per ounce.  Cash cost per ounce increased by $3.27 for the six-month period ended June 30, 2012 compared to the same period in 2011 due primarily to higher production costs, treatment and freight costs, and mine license tax and other costs by $3.71, $0.48, and $0.16 per ounce, respectively.  This is partially offset by higher by-product credits of $1.08 per ounce due to higher gold prices and slightly higher ore grades for zinc and lead, in spite of lower prices for zinc and lead.

The difference between what we report as “production” and “payable metal quantities sold” is due essentially to the difference between the quantities of metals contained in the concentrates we produce versus the portion of those metals actually payable by our smelter customers according to the terms of the smelter contracts.  Differences can also arise from inventory changes incidental to shipping schedules.  The decrease in payable quantities sold for the second quarter and first six months of 2012 compared to the same periods in 2011 is due to the timing of concentrate shipments and reduced production during the 2012 period.

While revenue from zinc, lead and gold by-products is significant, we believe that identification of silver as the primary product of the Greens Creek unit is appropriate because:

 
silver has historically accounted for a higher proportion of revenue than any other metal and is expected to do so in the future;
 
we have historically presented Greens Creek as a producer primarily of silver, based on the original analysis that justified putting the project into production, and believe that consistency in disclosure is important to our investors regardless of the relationships of metals prices and production from year to year;
 
metallurgical treatment maximizes silver recovery;
 
the Greens Creek deposit is a massive sulfide deposit containing an unusually high proportion of silver; and
 
in most of its working areas, Greens Creek utilizes selective mining methods in which silver is the metal targeted for highest recovery.

We periodically review our proven and probable reserves to ensure that reporting of primary products and by-products is appropriate.  Within our cost per ounce of silver calculations, because we consider zinc, lead and gold to be by-products of our silver production, the values of these metals offset operating costs within our cost per ounce calculations.
 
 
26

 

The asset retirement obligation ("ARO") for our Greens Creek was $36.7 million as of June 30, 2012, and reflects a plan for reclamation and closure of the mine at the end of its life having estimated undiscounted costs of approximately $53.4 million.  In April 2012, the United States Forest Service issued a draft Environmental Impact Statement in connection with our proposal to increase tailings capacity at the Greens Creek mine.  As part of that process and our regular (every 5 years) renewal of our Waste Management Permit with the State of Alaska, it is likely that we will be required to update our reclamation and closure plan.  Preliminary updating work performed in July 2012 has indicated that closure costs may be significantly higher than previously estimated.  The expected increase in closure costs results from the possible inclusion of long term water treatment on an increased scale than was included as part of our prior permit renewals.  This increase in scale is the result of new interpretations of model data by the State that were not included in our prior permit renewals.  In addition, we expect to increase our ARO and further revise our closure plan for tailings expansion in 2013. Development of the revised closure plan has not been completed, and we currently do not have sufficient information to make a reasonable estimate of the change in the fair value of the ARO.  However, we anticipate that an increase in the ARO for Greens Creek will be required in the second half of 2012 and the first half of 2013 upon completion of the revised closure plan.  An increase to the ARO liability would be recorded with a corresponding increase to the ARO asset balance, which is included in Properties, plants, equipment, and mineral interests, net on our Condensed Consolidated Balance Sheets.  As a result, we do not anticipate the increase in the ARO for Greens Creek to have a material impact on our results of operations.  However, as part of the revised closure plan, we may be required to increase our current $30 million reclamation bond for Greens Creek.  Although we do not know the amount of such increase, it likely will be a material amount, and there can be no assurance that this bonding capacity will be available to us at that time.


The Lucky Friday Segment

The following is a comparison of the operating results and key production statistics of our Lucky Friday segment (dollars are in thousands, except for per ton and per ounce amounts):
 
   
Three Months Ended
June 30,
   
Six Months Ended
June 30,
 
   
2012
   
2011
   
2012
   
2011
 
Sales
  $ (4 )   $ 36,044     $ 249     $ 70,606  
Cost of sales and other direct production costs
          (13,753 )           (26,555 )
Depreciation, depletion and amortization
          (1,495 )           (3,077 )
Gross profit
  $ (4 )   $ 20,796     $ 249     $ 40,974  
Tons of ore milled
          75,743             164,503  
Production:
                               
Silver (ounces)
          791,249             1,548,073  
Lead (tons)
          4,578             9,522  
Zinc (tons)
          1,904             4,059  
Payable metal quantities sold:
                               
Silver (ounces)
          722,107             1,423,199  
Lead (tons)
          4,180             8,763  
Zinc (tons)
          1,458             3,022  
Ore grades:
                               
Silver ounces per ton
          11.13             10.13  
Lead percent
          6.47             6.26  
Zinc percent
          2.85             2.85  
Mining cost per ton
  $     $ 61.36     $     $ 59.82  
Milling cost per ton
  $     $ 17.07     $     $ 16.17  
Total cash cost per silver ounce (1)
  $     $ 6.46     $     $ 5.74  

 
(1)
A reconciliation of this non-GAAP measure to cost of sales and other direct production costs and depreciation, depletion and amortization, the most comparable GAAP measure, can be found below in Reconciliation of Total Cash Costs (non-GAAP) to Costs of Sales and Other Direct Production Costs and Depreciation, Depletion and Amortization (GAAP).
 
 
27

 
 
The $20.8 million and $40.7 million decreases in gross profit for the second quarter and first six months of 2012 compared to the same periods in 2011 resulted from the suspension of production at the Lucky Friday mine during 2012.  At the end of 2011, MSHA began a special impact inspection at the Lucky Friday mine which resulted in an order to remove loose cementitious material from the Silver Shaft.  The Silver Shaft is an approximately one-mile deep, 18-foot diameter, concrete-lined shaft from surface.   It is the primary access to the Lucky Friday mine's underground workings.  In response to the MSHA order, we submitted a plan to MSHA and received approval to remove the loose cementitious material, and that work commenced in the first quarter of 2012. The plan also includes removal of unused utilities, construction of a water ring to prevent ice from forming in the winter, the installation of a metal brattice, repair of shaft steel, and installation of a new power cable, all of which should improve the shaft's functionality and possibly improve the shaft's hoisting capacity.  The Silver Shaft rehabilitation work is progressing according to plan.  All surface work required for the project has been completed,  and shaft restoration work has been completed to the 4900 foot level as of early August.  We currently anticipate that the work on the 6,100 foot Silver Shaft will be completed in late 2012, with production at the Lucky Friday recommencing in early 2013.  During this period, the smelter contracts related to treatment of Lucky Friday concentrates have been suspended based on force majeure. With completion of the Silver Shaft cleanup to the 4900 level, we anticipate that we will be able to commence construction of a haulage way bypass around an area impacted by a rock burst in December 2011.  Completion of work on the Silver Shaft to the 4900 level has also enabled planning to resume on restart of the #4 Shaft project (discussed below).  We believe that we will be able to resume construction on #4 Shaft  in early 2013, once the Silver Shaft work is completed.  However, the timing of completion of the Silver Shaft work and resumption of production and work on the #4 Shaft project at the Lucky Friday mine may ultimately vary from our current estimates. Care and maintenance costs incurred at the Lucky Friday during the suspension of production totaled $12.6 million, including $3.1 million in depreciation, depletion, and amortization, for the first six months of 2012.  These costs are included in a separate line item under Other operating expenses on the Condensed Consolidated Statement of Operations and Comprehensive Income (Unaudited).

The $0.2 million in sales recognized in the six months of 2012 represents provisional price adjustments on prior-period concentrate shipments that were subject to changes in metals prices during the first quarter of 2012 until their final settlement.

Similar to the Greens Creek segment, the difference between what we report as “production” and “payable metal quantities sold” is due essentially to the difference between the quantities of metals contained in the concentrates we produce versus the portion of those metals actually payable by our smelter customers according to the terms of the smelter contracts.    

While revenue from lead and zinc is significant, we believe that identification of silver as the primary product of the Lucky Friday unit is appropriate because:

 
silver has historically accounted for a higher proportion of revenue than any other metal and is expected to do so in the future;
 
the Lucky Friday unit is situated in a mining district long associated with silver production; and
 
the Lucky Friday unit generally utilizes selective mining methods to target silver production.

We periodically review our proven and probable reserves to ensure that reporting of primary products and by-products is appropriate.  Because we consider zinc and lead to be by-products of our silver production, the values of these metals offset operating costs within our cost per ounce calculations.

The #4 Shaft project, an internal shaft at the Lucky Friday mine, will, upon its completion, provide deeper access in order to expand the mine's operational life.  We commenced engineering and construction activities on #4 Shaft in late 2008, and our Board of Directors gave its final approval of the project in August 2011.  Construction of the #4 Shaft as currently designed is expected to cost a total of approximately $200 million, including approximately $90 million already spent as of June 30, 2012, with completion expected in early 2016.  As discussed above, the #4 Shaft construction has been temporarily suspended until cleanup work in the Silver Shaft is completed.  Once construction of #4 Shaft resumes, we believe that our current capital resources will allow us to complete the project.  However, there are a number of factors that could affect completion of the project, including:  (i) a significant decline in metals prices, (ii) a reduction in available cash or credit, whether arising from decreased cash flow or other uses of available cash, or (iii) a significant increase in operating or capital costs.

Many of the employees at our Lucky Friday unit are represented by a union. The collective bargaining agreement with the union expires on April 30, 2016.   As a result of the requirement to remove loose cementitious material from the Silver Shaft, which will limit underground access and temporarily suspend production at the Lucky Friday, Hecla Limited laid off 121 employees in January 2012, with approximately 25 of those employees accepting temporary positions at other Hecla operations.  Recall of some of the laid off employees to the Lucky Friday was initiated July 2012, and we anticipate that employment at the Lucky Friday will return to its level prior to the suspension of production as the Silver Shaft work is completed.  In March 2012, Hecla Limited received notice of a complaint filed against it by the United Steel Workers, Local 5114, with the Federal Mine Safety Health Review Commission for compensation for bargaining unit workers at the Lucky Friday mine idled as a result of the previously-announced, temporary shutdown of the mine (see the Other Contingencies section of Note 4 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information).

 
28

 

Corporate Matters

Other significant variances affecting our net income for the second quarter and first six months of 2012 as compared to the same period in 2011 were as follows:

 
Higher general and administrative expense in the second quarter and first six months of 2012 by $1.0 million and $0.8 million, respectively, which was primarily the result of an increase in workforce costs.
 
Exploration expense increased by $1.3 million and $3.6 million, respectively, in the second quarter and first six months of 2012 compared to the same periods in 2011 due to continued extensive exploration work at our San Juan Silver project in southwestern Colorado, our Greens Creek unit and on our land package near Durango, Mexico.
 
Pre-development expense increased $3.5 million and $6.8 million, respectively, in the second quarter and first six months of 2012 compared to the same periods in 2011 as a result of advancing our pre-development projects at the historic Equity and Bulldog mines in Creede, Colorado and the Star mine in Idaho's Silver Valley.

 
Provisions for closed operations and environmental matters increased by $0.9 million and $2.1 million, respectively, for the second quarter and first six months of 2012 compared to the same 2011 periods due primarily to $0.5 million and $1.3 million increases in the accrual for estimated reclamation costs at the Johnny M site in New Mexico (See Note 4 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information).
 
Interest expense decreased by $1.0 million for the first half of 2012 compared to the same period in 2011 as a result of the pre-lodging interest that was recorded in the 2011 period related to the Coeur d'Alene Basin litigation settlement.  The Consent Decree was lodged in June 2011.
 
Mark-to-market gains on base metals forward sales contracts for forecasted sales totaled $6.2 million and $0.9 million in the second quarter and first six months of 2012, respectively, compared to a gain of $0.6 million and a loss of $1.5 million, in the same periods of 2011, as a result of decreased base metal prices.  These gains and losses are reported as a separate line item under Other income (expense) on our Condensed Consolidated Statements of Operations and Comprehensive Income (Unaudited).
 
Income tax provisions totaled $0.7 million and $8.0 million in the second quarter and first six months of 2012, respectively,  compared to $19.6 million and $43.1 million for the second quarter and first six months of 2011.  The lower current-year provisions are the result of decreased pre-tax income in the first half of 2012.  See Note 3 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information.

Employee Benefit Plans

Our defined benefit pension plans, while affording a significant benefit to our employees, also represent a significant liability.  The liability recorded for the funded status of our plans was $24.9 million and $22.8 million, as of June 30, 2012 and December 31, 2011, respectively. We have made no contributions towards this liability as of June 30, 2012, however, we expect to contribute $2.0 million to the Hecla plan during the third quarter of 2012, while no contribution to the Lucky Friday plan is required. While the economic variables which will determine future cash requirements are uncertain, we expect contributions to increase in future years.  See Note 7 of Notes to Condensed Consolidated Financial Statements for more information.

Income Taxes

Our net deferred tax asset at June 30, 2012, totaled $112.1 million, or 8% of total assets, a decrease of $3.7 million from the $115.8 million net deferred tax asset at December 31, 2011.  The largest component of the deferred tax asset is deferred reclamation, of which the majority will be realized in the next two years, assuming adequate taxable income.  The next largest component derives from the tax effect of past net operating losses carried forward to be applied against current income to determine cash income tax liability.  Each reporting period we assess our deferred tax assets with long-range forecasts to provide reasonable assurance that they will be realized through future earnings.  At June 30, 2012, with the exception of $0.3 million relating to net operating loss carry forwards for states where we currently have no activity and $2.4 million for foreign tax credits, we retained no valuation allowance on U.S. deferred tax assets.  A $21.8 million valuation allowance remains on losses in foreign jurisdictions.  We currently expect the effective tax rate for 2012 to be approximately 40%, with the increase from approximately 35% in 2011 attributable to the loss of percentage depletion related to the Lucky Friday mine as a result of the temporary suspension of production there.  For the six months ended June 30, 2012, the tax provision represents a 35% effective tax rate as a result of a discrete benefit from amended state returns filed in the first quarter of 2012.
 
 
29

 

Reconciliation of Total Cash Costs (non-GAAP) to Cost of Sales and Other Direct Production Costs and Depreciation, Depletion and Amortization (GAAP)

The tables below present reconciliations between the non-GAAP measure of total cash costs to the GAAP measure of cost of sales and other direct production costs and depreciation, depletion and amortization for our operations at the Greens Creek and Lucky Friday units for the three and six months ended June 30, 2012 and 2011 (in thousands, except costs per ounce).

Total cash costs include all direct and indirect operating cash costs related directly to the physical activities of producing metals, including mining, processing and other plant costs, third-party refining and marketing expense, on-site general and administrative costs, royalties, and mining production taxes, net of by-product revenues earned from all metals other than the primary metal produced at each unit (silver).  Total cash costs provide management and investors an indication of net cash flow, after consideration of the realized price received for production sold.  Management also uses this measurement for the comparative monitoring of performance of our mining operations period-to-period from a cash flow perspective.  “Total cash cost per ounce” is a measure developed by mining companies in an effort to provide a comparable standard, however, there can be no assurance that our reporting of this non-GAAP measure is similar to that reported by other mining companies.

Cost of sales and other direct production costs and depreciation, depletion and amortization, is the most comparable financial measure calculated in accordance with GAAP to total cash costs.  The sum of the cost of sales and other direct production costs and depreciation, depletion and amortization for our operating units in the tables below is presented in our Condensed Consolidated Statement of Operations and Comprehensive Income (Unaudited) (in thousands).

   
Total, All Properties
 
   
Three Months Ended
June 30,
   
Six Months Ended June 30,
 
   
2012
   
2011
   
2012
   
2011
 
Total cash costs (1)
  $ 1,410     $ 1,169     $ 4,386     $ 3,699  
Divided by ounces produced
    1,365       2,250       2,694       4,705  
Total cash cost per ounce produced
  $ 1.03     $ 0.52     $ 1.63     $ 0.79  
Reconciliation to GAAP:
                               
Total cash costs
  $ 1,410     $ 1,169     $ 4,386     $ 3,699  
Depreciation, depletion and amortization
    9,879       11,204       19,540       23,466  
Treatment costs
    (16,164 )     (25,948 )     (33,859 )     (50,183 )
By-product credits
    45,352       66,931       91,705       131,442  
Change in product inventory
    2,101       (4,164 )     3,906       (2,631 )
Reclamation and other costs
    473       877       324       1,067  
Cost of sales and other direct production costs and depreciation, depletion and amortization (GAAP)
  $ 43,051     $ 50,069     $ 86,002     $ 106,860  
 
 
30

 
 
   
Greens Creek Unit
 
   
Three Months Ended
June 30,
   
Six Months Ended 
June 30,
 
   
2012
   
2011
   
2012
   
2011
 
Total cash costs (1)
  $ 1,410     $ (3,942 )   $ 4,386     $ (5,187 )
Divided by ounces produced
    1,365       1,459       2,694       3,157  
Total cash cost per ounce produced
  $ 1.03     $ (2.70 )   $ 1.63     $ (1.64 )
Reconciliation to GAAP:
                               
Total cash costs
  $ 1,410     $ (3,942 )   $ 4,386     $ (5,187 )
Depreciation, depletion and amortization
    9,879       9,709       19,540       20,389  
Treatment costs
    (16,164 )     (20,220 )     (33,859 )     (39,335 )
By-product credits
    45,352       54,001       91,705       104,064  
Change in product inventory
    2,101       (4,198 )     3,906       (2,340 )
Reclamation and other costs
    473       (529 )     324       (363 )
Cost of sales and other direct production costs and depreciation, depletion and amortization (GAAP)
  $ 43,051     $ 34,821     $ 86,002     $ 77,228  

   
Lucky Friday Unit (2)
 
   
Three Months Ended
June 30,
   
Six Months Ended June 30,
 
   
2012
   
2011
   
2012
   
2011
 
Total cash costs (1)
  $     $ 5,111     $     $ 8,886  
Divided by silver ounces produced
          791             1,548  
Total cash cost per ounce produced
  $     $ 6.46     $     $ 5.74  
Reconciliation to GAAP:
                               
Total cash costs
  $     $ 5,111     $     $ 8,886  
Depreciation, depletion and amortization
          1,495             3,077  
Treatment costs
          (5,728 )           (10,848 )
By-product credits
          12,930             27,378  
Change in product inventory
          34             (291 )
Reclamation and other costs
          1,406             1,430  
Cost of sales and other direct production costs and depreciation, depletion and amortization (GAAP)
  $     $ 15,248     $     $ 29,632  

 
(1)
Includes all direct and indirect operating cash costs related directly to the physical activities of producing metals, including mining, processing and other plant costs, third-party refining and marketing expense, on-site general and administrative costs, royalties and mining production taxes, net of by-product revenues earned from all metals other than the primary metal produced at each unit.

 
(2)
Production has been temporarily suspended at the Lucky Friday unit as work is performed to rehabilitate the Silver Shaft, the primary access from surface to the underground workings at the Lucky Friday mine.  See the Lucky Friday Segment section above for further discussion of the Silver Shaft work and temporary suspension of operations.  Care and maintenance costs incurred at the Lucky Friday during the suspension of production are included in a separate line item under Other operating expenses on the Condensed Consolidated Statement of Operations and Comprehensive Income (Unaudited), and have been excluded from the calculation of total cash costs for the three and six month period ended  June 30, 2012.
 
 
31

 
 
Financial Liquidity and Capital Resources

Our liquid assets include (in millions):

   
June 30, 2012
   
December 31, 2011
 
Cash and cash equivalents
  $ 233.3     $ 266.5  
Marketable equity securities - non-current
    2.7       3.9  
Total cash, cash equivalents and investments
  $ 236.0     $ 270.4  

Cash and cash equivalents decreased by $33.1 million in the first six months of 2012, as discussed below, while the value of non-current marketable equity securities decreased by $1.3 million .

In 2011, we settled Hecla Limited's Coeur d'Alene Basin environmental litigation and related claims pursuant to a  Consent Decree entered by the Court on September 8, 2011.  Hecla Limited remains obligated under the Consent Decree to make the following payments:

 
$25 million of cash by October 8, 2012;
 
$15 million of cash by October 8, 2013; and
 
Approximately $55.4 million by August 2014, as quarterly payments of the proceeds from the exercise of any outstanding Series 1 and Series 3 warrants (which have an exercise price of between $2.42 and $2.53 per share) during the quarter, with the remaining balance, if any, due in August 2014, regardless of whether any of the remaining warrants are exercised.

The payments require third party surety for which Hecla Limited pays an annual maintenance fee which will decrease as payments are made according to the foregoing schedule.  The first annual maintenance fee of $0.6 million was paid in October 2011.   The $25 million and $15 million payments accrue interest from the entry of the Consent Decree until payment at the Superfund rate (0.69% for 2011, 0.74% for 2012).  

As a result of our current cash balance, the performance of our operations, current metals prices, and full availability of our revolving credit agreement ($100 million at June 30, 2012, but amended in July 2012 to increase to $150 million), we believe our cash, cash equivalents, investments, projected cash from operations, and availability of financing if needed will be adequate to meet our obligations during the next 12 months, including the required settlement payments previously discussed, anticipated capital costs related to rehabilitation of the Silver Shaft and care-and-maintenance costs incurred at Lucky Friday as that work is completed, capital outlays for the #4 Shaft project, the potential acquisition of all of the outstanding common shares and common share purchase warrants of U.S. Silver Corporation for total consideration of approximately US$100 million (see Note 14 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information), potential repurchases of our common stock, and payment of potential common stock dividends, if declared by our Board of Directors.  We currently estimate that a total of approximately $130 million will be spent on capital expenditures for equipment, infrastructure, and development at our Lucky Friday and Greens Creek units in 2012, including capital costs for anticipated work on the Lucky Friday Silver Shaft, as discussed further below.  We also estimate that exploration and pre-development expenditures will total approximately $54 million in 2012; however, these expenditures may change based upon the success of programs that are currently ongoing.

The #4 Shaft project, which is discussed further in the Lucky Friday Segment section above, is expected to involve capital expenditures of approximately $200 million,  including approximately $90 million that has been spent on the project as of June 30, 2012. Our ability to finance this project will depend on our operational performance, metals prices, our ability to estimate capital costs, sources of liquidity available to us, and other factors. #4 Shaft construction has been temporarily suspended until work on the Silver Shaft is completed.  Once construction resumes, we believe that our available cash, revolving credit agreement, cash from operations, and access to equity and financial markets will allow us to proceed with the #4 Shaft despite the required payments under the Consent Decree which settled the Coeur d'Alene Basin environmental litigation and other obligations.  We may also mitigate market risk from time to time with selective base metal derivative contract programs. However, a sustained downturn in metals prices or significant increases in operational or capital costs, other uses of cash, or other factors beyond our control could compel us to defer development below 7800 feet.

As discussed further in the Lucky Friday Segment section above, work to rehabilitate the Silver Shaft commenced during the first half of 2012.   In addition to work on the Silver Shaft, other significant surface and underground capital programs are being planned for 2012. We expect to spend up to $50 million on all of these projects, including approximately $26 million to remove loose cementitious material from the shaft and other shaft improvements and $24 million on other capital projects.  We expect to incur non-capitalized expenses of approximately $26 million for the care and maintenance of the mine, based on the assumption that the mine will be on standby for the remainder of 2012 as this work is completed.  We believe that our available cash and other financial resources will allow us to complete the Silver Shaft work and sustain temporary care-and-maintenance of the Lucky Friday mine until production resumes, which we currently anticipate will be in early 2013.
 
 
32

 

Pursuant to our recently-adopted common dividend policies described in Note 8 of Notes to Condensed Consolidated Financial Statements (Unaudited), in February 2012, our Board of Directors declared an aggregate common stock dividend of 0.0125 per share for the fourth quarter of 2011, for a total of approximately $3.6 million  paid in March of 2012. In May 2012, our Board of Directors declared a common dividend of $0.0225 per share, for a total cash dividend of approximately $6.4 million paid in June 2012. A silver price-linked dividend was not declared for the second quarter of 2012, as the average realized silver price of $27.05 per ounce was below the minimum threshold of $30 according to the policy.  On August 7, 2012, our Board of Directors declared a $0.0025 common dividend under our $0.01 minimum anticipated annual dividend policy, with the total dividend of approximately $0.7 million to be paid in the third quarter of 2012.  The declaration and payment of common stock dividends is at the sole discretion of our Board of Directors.

On May 8, 2012, we announced that our Board of Directors approved a stock repurchase program.  Under the program, we are authorized to repurchase up to 20 million shares of our outstanding common stock from time to time in open market or privately negotiated transactions, depending on prevailing market conditions and other factors.    The repurchase program may be modified, suspended or discontinued by us at any time.  As of June 30, 2012 no shares had been purchased under the repurchase program.  60,000 shares were repurchased under the program during July 2012, at an average price of $4.89 per share, leaving 19.94 million shares that may yet be purchased under the program.  The closing price of our common stock at August 6, 2012, was $4.69 per share.

As discussed in The Greens Creek Segment section above, during the second half of 2012 and first half of 2013, we anticipate that we will complete development of a revised plan for reclamation and closure of the Greens Creek mine at the end of its life.  Although revision of the plan has not been completed, we believe that it will result in a significant increase in estimated closure costs, which will require us to provide increased bond coverage.  The estimated closure plan as of June 30, 2012, of $53.4 million is covered by an unsecured bond requiring no restriction of cash balances.  However, it is currently unknown whether, and to what extent, bonding for the revised plan will be secured by cash.

   
Six Months Ended
 
   
June 30, 2012
   
June 30, 2011
 
Cash provided by operating activities (in millions)
  $ 31.2     $ 127.2  

Cash provided by operating activities in the first half of 2012 decreased by $96.0 million compared to the same period in 2011 primarily due to lower income, as adjusted for non-cash items. The lower income is primarily attributable to the suspension of production at the Lucky Friday mine during the 2012 period while rehabilitation work on the Silver Shaft is being performed, as discussed above. Working capital and other operating asset and liability changes resulted in a net cash flow decrease of $25.6 million in the first six months of 2012 compared to a net decrease in cash flows of $3.8 million in the 2011 period.   The $21.8 million variance in working capital changes is mainly attributed to higher accounts receivable due to the timing of concentrate shipments at Greens Creek, and reductions in accounts payable and accrued liabilities balances due primarily to the decreased activity at the Lucky Friday mine resulting from the temporary suspension of production there and reduced payables related to settled base metal forward contracts.  

   
Six Months Ended
 
   
June 30, 2012
   
June 30, 2011
 
Cash used in investing activities (in millions)
  $ (51.4 )   $ (32.9 )

During the first half of 2012 we invested $51.5 million in capital expenditures, not including $5.8 million in non-cash capital lease additions, an increase of $11.0 million compared to the same period in 2011, due to an increase in capital spending at the Greens Creek unit.  Our restricted cash and investments decreased during the first half of 2011 by $9.4 million due to reduced reclamation bond collateral requirements, with no comparable change in our restricted balances in the first half of 2012. During the first quarter of 2011, we purchased marketable securities having a cost basis of $3.2 million, and sold investments having a cost of $0.8 million for proceeds of $1.4 million .  
 
 
33

 
 
   
Six Months Ended
 
   
June 30, 2012
   
June 30, 2011
 
Cash (used in) provided by financing activities (in millions)
  $ (13.0 )   $ (0.5 )

Warrants to purchase approximately 1.8 million shares of our common stock were exercised in the first half of 2011, resulting in proceeds to us of approximately $4.4 million, with additional proceeds of $0.5 million from the exercise of options during the first six months of 2011.  No warrants or options were exercised during the first six months of 2012.  The remaining outstanding warrants at June 30, 2012 to purchase approximately 22.3 million shares of our common stock have exercise prices ranging from $2.42 to $2.53 per share and expire in 2014.  Any future proceeds from the exercise of outstanding warrants will be paid to the Plaintiffs under the terms of the Consent Decree which settled the Basin litigation. See Note 8 of Notes to Condensed Consolidated Financial Statements (Unaudited) for more information on our outstanding warrants.

During the first six months of 2012, we paid cash dividends on our common stock totaling $10.0 million, pursuant to the silver-price linked and minimum anticipated annual dividend policies discussed above,  and cash dividends of $0.3 million on our Series B Preferred Stock.  We paid cash dividends totaling $3.3 million on our 6.5% Mandatory Convertible Preferred Stock and $0.2 million on our Series B Preferred Stock in the first six months of 2011.  On January 1, 2011, all of the outstanding shares of our 6.5% Mandatory Convertible Preferred Stock were converted to shares of our common stock, and we paid the final quarterly dividend on that series of preferred stock in January 2011.  We are no longer required to pay quarterly dividends of approximately $3.3 million on such preferred stock as a result of the conversion.  We made repayments on our capital leases of $2.5 million and $1.3 million in the six month periods ended June 30, 2012 and 2011, respectively.

 
Contractual Obligations, Contingent Liabilities and Commitments
 
The table below presents our fixed, non-cancelable contractual obligations and commitments primarily related to our litigation settlement, outstanding purchase orders, certain capital expenditures, our credit facility and lease arrangements as of June 30, 2012 (in thousands):
 
   
Payments Due By Period
 
   
Less than 1
year
   
1-3 years
   
4-5 years
   
More than
5 years
   
Total
 
Purchase obligation (1)
  $ 12,406