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COMPLIANCE ORDER ON CONSENT <br />In the Matter of Western Fuels Colorado, A Limited Liability Company <br />New Ilorizon Mine <br />Permit No. 88M0234F <br />Consent Order. WFC reserves the right to object to or challenge any such future final <br />determination or action of the Division. <br />VI. NOTICES <br />30. Unless otherwise specified, any report, notice or other communication required <br />under the Consent Order shall be sent to: <br />For the Division: Manager, Compliance <br />Colorado Department of Public Health and Environment <br />APCD -SS -BI -1400 <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246 -1530 <br />For WFC: Michael G. Sorensen <br />Senior Manager, Fuel and Water Resources <br />Western Fuels- Colorado, A Limited Liability Company <br />A subsidiary of Tri -State Generation and Transmission <br />Association, Inc. <br />If sent by US Postal Service use: <br />1 100 W. 1 16"' Avenue <br />Westminster, CO 80234 <br />If sent by FedEx or other Carrier use: <br />Northern Colorado Maintenance Center <br />3761 Eureka Way <br />Frederick, CO 80516 <br />VIL OBLIGATIONS UNAFFECTED BY BANKRUP'T'CY <br />31. The obligations set forth herein are based on the Division's police and regulatory <br />authority. These obligations require specific performance by WFC of corrective actions <br />carefully designed to prevent on -going or future harm to public health or the environment, or <br />both. Fnfirrcement of these obligations is not stayed by a petition in bankruptcy. WFC agrees <br />that the penalties set forth in this Consent Order are not in compensation of actual pecuniary loss. <br />Further, the obligations imposed by this Consent Order are necessary for WFC and the Facility to <br />achieve and maintain compliance with State law. <br />Parties. <br />X'I11. MODIFICATIONS <br />32. This Consent Order may be modified only upon mutual written agreement of the <br />-6- <br />