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event that new information is discovered that establishes such requirements are necessary to protect <br />human health or the environment. <br />54. Upon the effective date of this Consent Order, MCC releases and covenants not to sue the State of <br />Colorado or its employees, agents or representatives as to all common law or statutory claims or <br />counterclaims arising from, or relating to, the violations of the Act specifically addressed herein. <br />55. Nothing in this Consent Order shall constitute an express or implied waiver of immunity otherwise <br />applicable to the State of Colorado, its employees, agents or representatives. <br />NOTICES <br />56. Unless otherwise specified, any report, notice or other communication required under the Consent <br />Order shall be sent to: <br />For the Division: <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division / WQCD-CADM-B2 <br />Attention: Kelly Morgan <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246-1530 <br />Telephone: 3 03.692.3 634 <br />E-mail: kelly.morgan@state.co.us <br />For Mountain Coal Company, L.L.C.: <br />Mountain Coal Company <br />Attention: Doug Nolte, Manager of Engineering and Environmental Affairs <br />P.O. Box 591 <br />Somerset, Colorado 81434 <br />Telephone: 970.929.2223 <br />E-mail: dnolte@archcoal.com <br />MODIFICATIONS <br />57. This Consent Order maybe modified only upon mutual written agreement of the Parties. <br />COMPLETION OF REQUIRED ACTIONS <br />58. MCC shall submit a Notice of Completion to the Division upon satisfactory completion of all <br />requirements of this Consent Order. The Division shall either accept or reject MCC's Notice of <br />Completion in writing within thirty (30) calendar days of receipt. If the Division rejects MCC's Notice <br />of Completion, it shall include in its notice a statement identifying the requirements that the Division <br />considers incomplete or not satisfactorily performed and a schedule for completion. MCC shall, within <br />fifteen (15) calendar days of receipt of the Division's rejection, either: <br />a. Submit a notice of acceptance of the determination; or <br />Mountain Coal Company, LLC <br />Compliance Order on Consent <br />Page 12 of 13