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COMPLIANCE ORDER ON CONSENT <br />In the Matter of Western Fuels Colorado, A Limited Liability Company <br />New Horizon Mine <br />Permit No. 88M0234F <br />One Work (as specifically identified in Paragraph 8 above) prior to pennit <br />issuance, only so long as it adheres to the Compliance Requirements of <br />this Consent Order. <br />10. The Parties reached a settlement agreement that is detailed in this Consent Order. <br />111. ORDER and AGREEMENT <br />Based on the foregoing factual and legal determinations, pursuant to its authority under § 25 -7- <br />1 15, C.R.S., and in satisfaction of the potential violations identified herein, the Division orders, <br />and WFC agrees to the following: <br />11. WFC agrees to the terms and conditions of this Consent Order. WFC agrees that <br />this Consent Order constitutes an order issued pursuant to section § 25-7-115, C.R.S., and is an <br />enforceable requirement of the Act. WFC also agrees not to challenge: <br />a the issuance of this Consent Order; <br />b the factual and legal determinations made by the Division herein; and <br />c the Division's authority to bring, or the court's jurisdiction to hear, any <br />action to enforce the terms of this Consent Order under the Act. <br />12. Notwithstanding the above, WFC does not admit to any of the factual or legal <br />determinations made by the Division herein, and any action undertaken by WFC pursuant to this <br />Consent Order shall not constitute an admission of liability by WFC with respect to such factual <br />or legal determinations made by the Division herein or the conditions of the Facility. <br />Compliance Requirements <br />13. During the Phase One Work period, fugitive dust suppression measures will <br />comply with all requirements of the approved permit issued by the Division of Reclamation <br />Mining and Safety for the New Horizon North Mine, Mining Permit — Coal, Permit No. C -2010- <br />089, and with the following provisions of the Particulate Emissions Control Plan for Mining <br />Activities and Control Measures set forth in Permit No. 88M0234F: paragraph (c) regarding <br />haul trucks and provisions 1- .Tpertaining to topsoil removal. <br />14. During the Phase One Work period, WFC shall maintain records of topsoil <br />removal and stockpiling, the construction of Pond NI IN -001, the construction of the Pond N1 IN- <br />001 perimeter ditches and all particulate emission control measures. Such records include, but <br />are not limited to: the volume of topsoil removed and stockpiled, the hauling distances, the <br />location and size of the disturbed area(s), the amount of water used to control emissions when <br />natural moisture is inadequate and the days on which watering is used. Records shall be <br />maintained onsite and made available to the Division immediately upon request. <br />-3- <br />