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'w �� Coles <br />Department of Public <br />1&76� 'Health & Environment <br />MATTERIN THE OF: A•1 r SAGE CREEK MINING, LLC <br />CDPS PERMIT• C00048275 <br />ROUTT COUNTY, COLORADO <br />This matter comes before the Executive Director of the Colorado Department of Public Health and <br />Environment ("Department") on petition by the Water Quality Control Division ("Division") for a civil <br />penalty against Peabody Sage Creek Mining, LLC ("Peabody"). The Executive Director, through his <br />designee (hereinafter the "Executive Director"), having considered this petition, makes the following <br />findings and issues the following Order for Civil Penalty in accordance with 525-8-608, C.R.S. and 5 <br />CCR 1002-21, 521.12. <br />GENERAL FINDINGS <br />1. Pursuant to 525-8-608(1), C.R.S., any person who violates the Colorado Water Quality Control Act <br />("Act"), or any permit issued under the Act, shall be subject to a civil penalty of not more than <br />ten thousand dollars per day for each day during which such violation occurs. <br />2. On September 12, 2012, the Division, issued Peabody a Notice of Violation/Cease and Desist Order <br />(the "NOV/CDO") which included findings that Peabody violated the Colorado Discharge Permit <br />System Permit, Number C00048275, for discharges associated with the Peabody Sage Creek Mine. A <br />copy of the NOV/CDO is attached hereto as Exhibit A and is incorporated herein by reference. <br />Based on the findings and conclusions set forth in the NOV/CDO, the Executive Director hereby <br />enters the following order. <br />ORDER FOR CIVIL PENALTY <br />4. Based upon the facts described in the NOV/CDO, the Executive Director has determined that a civil <br />penalty is appropriate and warranted in this matter. Therefore, the Executive Director hereby <br />imposes a civil penalty in the amount of Sixty Four Thousand Eighty Two Dollars ($64,082.00) against <br />Peabody. The civil penalty was determined in accordance with the procedures outlined in the <br />Division's Civil Penalty Policy (May 1, 1993). A copy of the civil penalty calculation is attached <br />hereto as Exhibit B and is incorporated herein by reference. The civil penalty shall be paid within <br />thirty (30) calendar days of the date of this Order for Civil Penalty. Method of payment shall be by <br />certified or cashier's check drawn to the order of the "Colorado Department of Public Health and <br />Environment," and delivered to: <br />Peabody Sage Creek Mining, LLC <br />Order for Civil Penalty <br />Page 1 of 2 <br />