OK, but its apparent the egc is the conduit which is acceptable. 250.122 no longer applies. The additional #12 goes beyond the minimum. (would that excuse fly with an inspector?)
Surely you will respond with something to back your red ticket, but say I disconnected the #12 totally. Does that fail too?
dude... it's NOT a ground wire.... it's a pull line for you
to pull in a #10 wire with, so you don't have to fish it.
just go freaking do it... or cut the wire off flush with the end
of the conduit, and abandon it in place.
either one is compliant. snip or tug.... but keeping asking
different ways is not going to change this simple fact:
it is not code compliant.
a while back, i was pulling #6's for voltage drop on a loooong
120 volt circuit... and i wanted to use #12 for a ground.
so i asked a question just like you are doing, and when it was
all said and done, pulled two #6 wires in a 3/4" emt, and was
done.