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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 />and to seek authorized penalties for any violation of this Consent Order. WFC reserves the right to object <br />to or challenge any such future final determination or action of the Division. <br />VI. NOTICES <br />33. Unless otherwise specified, any report, notice or other communication required under the <br />Consent Order shall be sent to: <br />For the Division: Manager, Compliance <br />Colorado Department of Public Health and Environment <br />APCD -SS -B 1 -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 16th 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 />VII. OBLIGATIONS UNAFFECTED BY BANKRUPTCY <br />34. The obligations set forth herein are based on the Division's police and regulatory authority. <br />These obligations require specific performance by WFC of corrective actions carefully designed to <br />prevent on -going or future harm to public health or the environment, or both. Enforcement of these <br />obligations is not stayed by a petition in bankruptcy. WFC agrees that the penalties set forth in this <br />Consent Order are not in compensation of actual pecuniary loss. Further, the obligations imposed by this <br />Consent Order are necessary for WFC and the Facility to achieve and maintain compliance with State <br />law. <br />VIII, MODIFICATIONS <br />35. This Consent Order may be modified only upon mutual written agreement of the Parties. <br />IX. BINDING EFFECT, AUTHORIZATION TO SIGN AND EFFECTIVE DATE <br />36. This Consent Order is binding upon the Parties to this Consent Order and their corporate <br />subsidiaries or parents, their officers, directors, agents, attorneys, employees, contractors, successors in <br />interest, affiliates and assigns. The undersigned warrant that they are authorized to bind legally their <br />-7- <br />A9k -o(p <br />17• �9ry•Za /3 <br />