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EXHIBIT <br />EFFECT OF ORDER <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain <br />time, shall be construed as a permit or license, either to violate any provisions of the public health laws and <br />regulations promulgated thereunder, or to make any discharge into state waters. Nothing herein contained <br />shall be construed to preclude other individuals, cities, towns, counties, or duly constituted political <br />subdivisions of the state from the exercise of their respective rights to suppress nuisances or to preclude any <br />other lawful actions by such entities or the State. <br />For further clarification of your rights and obligations under this Notice of Violation / Cease and Desist Order <br />you are advised to consult the Colorado Water Quality Control Act, §§ 25-8-101 to 803, C.R.S., and <br />regulations promulgated thereunder, 5 CCR 1002. <br />i1 44 <br />Issued at Denver, Colorado, this / �- day of September, 2012. <br />FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT <br />/evenGunderson, Director <br />WATER QUALITY CONTROL DIVISION <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 11 of 11 <br />