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EXHIBIT 24. Peabody's failure to report effluent concentration data on the discharge monitoring reports for potentially dissolved selenium using the results from the analytical measurement that could measure the lowest detection limit, as identified above in paragraph 23, constitutes violations of Part I.E.I. and Part I.E.3. of the Permit. NOTICE OF VIOLATION 25. Based on the foregoing Findings of Fact and Conclusions of Law, you are hereby notified that the Division has determined that Peabody has violated the following sections of the Permit. Part I.A.I. of Permit No. CO -0048275 which states in part: "In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the permitted discharge shall not contain effluent parameter concentrations which exceed the following limitations specified below or exceed the specified flow limitation." Part I.E.1. of Permit No. CO -0048275 which states in part: "Routine reporting of the data gathered in compliance with Part I.B.I. shall be on a quarterly basis. Reporting of all data gathered shall comply with the requirements of Part I.E. (General Requirements). Monitoring results shall be summarized for each month and reported on Division approved discharge monitoring report forms." Part I.E.3. of Permit No. CO -0048275 which states in part: "The analytical method selected for a parameter shall be the one that can measure the lowest detected limit for that parameter..." REQUIRED CORRECTIVE ACTION Based upon the foregoing factual and legal determinations and pursuant to § 25-8-602 and § 25-8-605, C.R.S., Peabody is hereby ordered to: 26. Cease and desist from all violations of the Colorado Water Quality Control Act, §§ 25-8-101 through 25- 8-803, C.R.S., its implementing regulations promulgated thereto and the Permit. Peabody Sage Creek Mining, LLC f/k/a Sage Creek Coal Company, LLC Notice of Violation/Cease and Desist Order Page 7 of 11 PEAn +� SAGE cEK LLC EFILUEN`T sL=r1xTRa vAr SAMPLE SAMPLE DISCHARGE MEASUREMENT MEASUREMENT MONITORING OUTFALL VALUE REPORTED VALUE USING REPORTING NUMBER ON DISCHARGE REQUIRED PERIOD MONITORING DETECTION REPORT LIMIT Potentially Dissolved 30 -DAY AVG._ 30 -DAY AVG. Selenium 002A 11 ug/1 14 ug/1 2 Quarter 2011 004A 14 ug/1 17.9 ug/1 24. Peabody's failure to report effluent concentration data on the discharge monitoring reports for potentially dissolved selenium using the results from the analytical measurement that could measure the lowest detection limit, as identified above in paragraph 23, constitutes violations of Part I.E.I. and Part I.E.3. of the Permit. NOTICE OF VIOLATION 25. Based on the foregoing Findings of Fact and Conclusions of Law, you are hereby notified that the Division has determined that Peabody has violated the following sections of the Permit. Part I.A.I. of Permit No. CO -0048275 which states in part: "In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the Colorado Discharge Permit System Regulations, Section 61.8(2), 5 C.C.R. 1002-61, the permitted discharge shall not contain effluent parameter concentrations which exceed the following limitations specified below or exceed the specified flow limitation." Part I.E.1. of Permit No. CO -0048275 which states in part: "Routine reporting of the data gathered in compliance with Part I.B.I. shall be on a quarterly basis. Reporting of all data gathered shall comply with the requirements of Part I.E. (General Requirements). Monitoring results shall be summarized for each month and reported on Division approved discharge monitoring report forms." Part I.E.3. of Permit No. CO -0048275 which states in part: "The analytical method selected for a parameter shall be the one that can measure the lowest detected limit for that parameter..." REQUIRED CORRECTIVE ACTION Based upon the foregoing factual and legal determinations and pursuant to § 25-8-602 and § 25-8-605, C.R.S., Peabody is hereby ordered to: 26. Cease and desist from all violations of the Colorado Water Quality Control Act, §§ 25-8-101 through 25- 8-803, C.R.S., its implementing regulations promulgated thereto and the Permit. Peabody Sage Creek Mining, LLC f/k/a Sage Creek Coal Company, LLC Notice of Violation/Cease and Desist Order Page 7 of 11