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EXHIBIT <br />31. Beginning in October 2012, and every calendar month thereafter, until such time as this Order is closed or <br />the Division decrees so in writing, Peabody shall submit written progress reports to the Division by the end <br />of each calendar month. At a minimum, each report shall describe the activities undertaken in the previous <br />calendar month and shall specify what activities will be undertaken within the next calendar month to <br />comply with this Order. <br />32. If Peabody becomes aware of any situation or circumstances that cause Peabody to become unable to <br />comply with any condition or time schedules set forth by this Order, Peabody shall provide written notice <br />to the Division within five (5) calendar days of Peabody becoming aware of such circumstances. <br />Peabody's notice shall describe what, if any, impacts will occur on Peabody's ability to comply with the <br />Colorado Water Quality Control Act, its Permit and any impacts on the remaining conditions and/or time <br />schedules specified by this Order and what steps Peabody is taking to mitigate such impacts. <br />33. All documents submitted under this Order shall use the same titles as stated in this Order, and shall <br />reference both the number of this Order and the number of the paragraph pursuant to which the document <br />is required. Within thirty (30) calendar days of receiving Division comments on submitted documents, <br />Peabody shall revise the submitted document(s) to properly address the Division's comments and resubmit <br />the document(s) for Division review. <br />NOTICES AND SUBMITTALS <br />For all documents, plans, records, reports and replies required to be submitted by this Notice of <br />Violation/Cease and Desist Order, Peabody shall submit an original and an electronic cony to the Division at <br />the following address: <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division / WQCD-B2-CAS <br />Compliance Assurance Section <br />Attention: Kelly Morgan <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246-1530 <br />Email: kelly.morgan@state.co.us <br />Fax: (303) 782-0390 <br />(For any facsimile transmittals, please include a cover sheet addressed to Ms. Morgan) <br />For any person submitting documents, plans, records and reports pursuant to this Notice of Violation / Cease <br />and Desist Order, that person shall make the following certification with each submittal: <br />"I certify under penalty of law that this document and all attachments were prepared under my <br />direction or supervision in accordance with a system designed to assure that qualified personnel <br />properly gather and evaluate the information submitted. Based on my inquiry of the person or <br />persons who manage the system, or those persons directly responsible for gathering the information, <br />the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I <br />am aware that there are significant penalties for submitting false information, including the <br />possibility of fine and imprisonment for knowing violations." <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 9of11 <br />