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COMPLIANCE ORDER ON CONSENT <br />In the Matter of Western Fuels Colorado, LLC <br />New Horizon Mine <br />Permit No. SSM0234F <br />16. During the Phase Two Work period, WFC shall maintain records of daily activities of <br />topsoil removal and stockpiling, earthen material excavation and placement in a stockpile, construction <br />of temporary haulage ways and earthen safety berms, relocation of equipment identified in Paragraph <br />9(e), the drilling, completion and operation of the three dewatering wells, the construction of all or part of <br />the mine related facilities as described in Paragraph 9(g), and all particulate emission control measures. <br />Such records include, but are not limited to: the volume of topsoil or earthen material removed and <br />stockpiled, the hauling distances, the location and size of the disturbed areas, date and time of each blast, <br />daily ANFO usage, the amount of water used to control emissions when natural moisture is inadequate <br />and the days on which water is used. Records shall be maintained at the headquarters of NHN Mine, <br />located approximately two miles from the NHN Mine site and made available to the Division within the <br />same business day upon request, or if requested late in the day within one business day of such request. <br />17. WFC shall submit written notice to the Division at least five business days prior to <br />commencing the Phase Two Work. <br />18. WFC shall submit written notice to the Division within five business days of receipt of <br />any enforcement action notice or warning, verbal or written, from a state or federal agency regarding any <br />aspect of the Phase Two Work. <br />Administrative Penalty Reauirements <br />19. Based upon the factors set forth in § 25 -7 -122, C.R.S., the Division has determined that the <br />issuance of a penalty against WFC is not appropriate so long as it complies fully with the terms and <br />conditions set forth and referenced herein, including each of the compliance requirements above. If WFC <br />fails to comply fully with the compliance requirements, WFC shall be subject to appropriate penalties to <br />be determined by the Division in a future proceeding associated with its violations. <br />IV. SCOPE AND EFFECT OF CONSENT ORDER <br />20. The Parties agree and acknowledge that this Consent Order constitutes a full and final <br />resolution of the issues identified herein, and further agree not to challenge the terms and conditions of <br />this Consent Order in any proceeding before any administrative body or any judicial forum, whether by <br />way of direct judicial review or collateral challenge. <br />21. This Consent Order constitutes a final agency order upon execution by WFC and the Division <br />and shall be enforceable by either party in the same manner as if the Division had entered this Consent <br />Order without agreement by WFC. The Parties agree that any violation of the provisions of this Consent <br />Order by WFC concerning the Act, or the Regulations, shall be a violation of a final order of the Division <br />for the purposes of §§ 25 -7 -115, 121, and 122, C.R.S., and may result in the assessment of civil penalties <br />of up to Fifteen Thousand Dollars ($15,000.00) per day for each day of such violation. <br />22. The Parties' obligations under this Consent Order are limited to the matters expressly stated <br />herein. <br />23. The Division's approval of any action under this Consent Order shall not constitute a defense <br />to, or an excuse for, any prior violation of any requirement under the Act, or any implementing <br />regulations under the Act, or any subsequent violation of any requirement of this Consent Order, the Act, <br />or the Regulations. <br />-5- <br />MP -o4 <br />