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COMPLIANCE ORDER ON CONSENT <br />In the Matter of Western Fuels Colorado, LLC <br />New Horizon Mine <br />Permit No. 88M0234F <br />10. Based upon a review of information, including records related to the Facility and information <br />provided by WFC, the Division has determined the following: <br />a. Under Regulation No. 3, Part B, § I1.A.1, no person shall commence <br />construction of any stationary source or modification of a stationary source <br />without first obtaining or having a valid construction permit from the Division. <br />b. Although the permit for the Pending NHN Permit Application has not yet been <br />issued by the Division to WFC, WFC may conduct its NHN Phase Two <br />activities (as specifically identified in Paragraph 9 above), only so long as it <br />adheres to the Compliance Requirements of this Consent Order. <br />11. The Parties reached a settlement agreement that is detailed in this Consent Order. <br />M. ORDER and AGREEMENT <br />Based on the foregoing factual and legal determinations, pursuant to its authority under § 25 -7- <br />115, C.R.S., and in satisfaction of the potential violations identified herein, the Division orders, and WFC <br />agrees to the following: <br />12. WFC agrees to the terms and conditions of this Consent Order. WFC agrees that this Consent <br />Order constitutes an order issued pursuant to section § 25 -7 -115, C.R.S., and is an enforceable <br />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 action to <br />enforce the terms of this Consent Order under the Act. <br />13. Notwithstanding the above, WFC does not admit to any of the factual or legal determinations <br />made by the Division herein, and any action undertaken by WFC pursuant to this Consent Order shall not <br />constitute an admission of liability by WFC with respect to such factual or legal determinations made by <br />the Division herein or the conditions of the Facility. <br />Compliance Requirements <br />14. Effective immediately, and consistent with the terms of this Consent Order, WFC shall <br />comply with the Act and the Regulations in the regulation and control of air pollutants from the Facility. <br />15. During the Phase Two Work Period, fugitive dust suppression measures will comply with all <br />requirements of the approved permit issued by the Division of Reclamation Mining and Safety for the <br />New Horizon North Mine, Mining Permit — Coal, Permit No. C- 2010 -089, and with the provisions of the <br />Particulate Emissions Control Plan for Mining Activities and Control Measures numbered 1 -3 pertaining <br />to topsoil removal and paragraph (c) regarding haul trucks set forth in Permit No. 88MO234F. <br />-4- <br />1W 10(,4) <br />1X- AJG/zo13 <br />