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EXHIBIT <br />Furthermore, the Division hereby orders Peabody to comply with the following specific terms and conditions <br />of this Order: <br />27. Within thirty (30) calendar days of receipt of this Order, Peabody shall retain the services of a qualified <br />individual or entity, specifically experienced in coal mine related wastewater treatment, to evaluate and <br />recommend Facility improvements to ensure compliance with the terms and conditions of the Permit. The <br />evaluation must consider in detail the following: <br />a. An evaluation of the personnel requirements and qualifications for the operation and management <br />of the Facility, including an evaluation of each individual's role, duties, and responsibilities in <br />ensuring the proper operation and maintenance of the Facility; <br />b. An evaluation of all contributing pollutant sources and pollutant concentrations for all <br />parameters/pollutants that could influence the treatment process, and what techniques or <br />technologies may be utilized to produce effluent that consistently complies with the effluent <br />limitations of the Permit; <br />c. An evaluation of whether the Facility's treatment system as a whole is adequate to properly treat <br />all contributing pollutant sources and pollutant concentrations to a level that consistently complies <br />with the effluent limitations of the Permit. <br />28. Within forty five (45) calendar days of receipt of this Order, Peabody shall provide documentation to the <br />Division that it has retained the services of the qualified individual or entity identified in paragraph 27. <br />This documentation shall include at, a minimum, a copy of the individual or entity's qualifications and a <br />copy of the written contract or agreement for such services, including a copy of the scope of services to be <br />provided. <br />29. Within ninety (90) calendar days of receipt of this Order, Peabody shall submit in writing to the Division a <br />final report on the findings of the evaluation identified and outlined in paragraph 27 above. Along with the <br />findings of the evaluation, the report must identify, for each criterion, specific short-term and long-term <br />measures that will be taken by Peabody to rectify deficiencies identified by the evaluation so that the <br />Facility consistently produces effluent in compliance with the limitations identified in Part I.A.1 of the <br />Permit. For each short-term and long-term measure identified, Peabody shall also submit a time schedule <br />for completion of each measure. The implementation time schedule submitted must identify completion of <br />all measures by no later than February 28, 2013. The measures and time schedule submitted shall become <br />a condition of this Order, and Peabody shall implement the measures and time schedule as submitted <br />unless notified by the Division, in writing, that alternate measures and/or time schedules are appropriate. <br />If the Division imposes alternate measures and/or time schedules, they shall also become a condition of <br />this Order. <br />30. Within thirty (30) calendar days of receipt of this Order, Peabody shall submit to the Division revised <br />discharge monitoring reports to report the monitoring results from the potentially dissolved selenium <br />analysis that was conducted using the EPA Method 200.8 ICP -MS (or the results from an analytical <br />method specified in 40 CFR Part 136 that measured the lowest detection limit if EPA Method 200.8 ICP - <br />MS was not conducted on an individual sample, as applicable). With this submittal, Peabody shall include <br />a statement certifying that Peabody will analyze the effluent from the Facility using a method specified in <br />40 CFR Part 136 that is capable of measuring to the lowest detection limit, at or below the current <br />established PQL of 1 ug/l for potentially dissolved selenium. <br />Peabody Sage Creek Mining, LLC <br />f/k/a Sage Creek Coal Company, LLC <br />Notice of Violation/Cease and Desist Order <br />Page 8 of 11 <br />