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ORDER AND AGREEMENT <br />16. Based on the foregoing factual and. legal determinations, pursuant to its authority under SS25 -8 -602 <br />and 605, C.R.S., and in satisfaction of the civil penalties associated with the alleged violations <br />cited herein and in the NOV /CDO, the Division orders Twentymile Coal to comply with all <br />provisions of this Consent Order, including all requirements set forth below. <br />17. Twentymile Coal agrees to the terms and conditions of this Consent Order. Twentymile Coat <br />agrees that this Consent Order constitutes a notice of alleged violation and an order issued <br />pursuant to 9925 -8 -602 and 605, C.R.S., and is an enforceable requirement of the Act. Twentymile <br />Coal also agrees not to challenge directly or collaterally, -in any judicial or administrative- <br />proceeding brought by the Division or by Twentymile Coal against the Division: <br />a. The issuance of this Consent Order; <br />b. The factual and legal determinations made by the Division herein; and <br />c. The Divisi6n'•s authority to bring, or the court's jurisdiction to hear, any action to enforce <br />the terms of this Consent Order under the Act. <br />0 <br />18. Notwithstanding the above, Twentymile Coal does not admit to any of the factual or legal <br />determinations made by the Division herein, and any action undertaken by Twentymile Coal <br />pursuant to this Consent Order shall not constitute evidence of fault and * Liability by Twentymile <br />Coal with respect to the conditions of the Facility. Twentymile Coat expressly reserves its rights to <br />deny any of the Division's factual or legal determinations or defend itself in any other third party <br />proceeding relating to the information identified in this Consent Order. • <br />CIVIL PENALTY <br />19. Based upon the factors set forth in 525 -8- 608(1), C.R.S.., and consistent with Departmental policies- <br />for violations of the Act, Twentymile Coal shall pay Twenty -Six Thousand One Hundred Eighty <br />Dollars ($26,180.00) in civil penalties. The Division intends to petition the Executive Director or his <br />designee to impose the Twenty-Six Thousand One Hundred Eighty Dollar ($26,180.00) civil penalty <br />for the above violation(s) and Twentymile Coal agrees to make the payment through two (2) <br />installment payments as follows: Thirteen Thousand Ninety Dollars ($13,090.00) due within thirty <br />(30) calendar days after. issuance of an Order for Civil Penalty by the Executive Director or his <br />designee, and the second payment of Thirteen Thousand Ninety Dollars ($13,090.00) by September <br />1, 2015. Method of payment shall be by certified or cashier's check drawn to the order of the <br />"Colorado Department of Public Health and Environment," and delivered to: <br />Christy Pickens <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division <br />Mail Code: WQCD- CWE -B2 <br />4300 Cherry Creek Drive' South <br />Denver, Colorado 80246 -1530 <br />20. Failure to submit full payment of any installment by the due date described in paragraph 19 above <br />shall be deemed a violation of this Consent Order. <br />Twentymile Coal LLC C Q L.0 -R-A D Q <br />Compliance Order on Consent <br />I•n.P+�cmmsocvyeua <br />Page 3 of 6 <br />Heatth•6 FaviionmaLLt <br />