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Asphalt Specialties Co., Inc. <br />March 4, 2015 <br />Page 3 of 3 <br />Corrective Action(s): <br />To be completed by Asphalt Specialties no later than May 31, 2015: <br />a) Clearly mark the 100 foot setback distance from Boulder Creek within the permit boundary. <br />b) Backfill all excavations within the 100 foot setback distance and restore the area within the 100 <br />foot setback distance to original grade. <br />c) The area within the 100 foot setback distance shall have topsoil replaced, be finish graded, and <br />be reseeded with the approved seed mix as specified in the approved reclamation plan. <br />d) All large trees that were removed within the 100 foot setback distance shall be replaced with <br />appropriate species on a 3:1 basis as recommended in the DOW comment letter dated August 7, <br />2005. <br />Civil Penalty: <br />Pursuant to C.R.S. 34- 32.5- 124(7) a person who violates any provision of a permit issued under C.R.S. <br />34- 32.5- 109(1) shall be subject to a civil penalty of not less than $100.00 per day, nor more than <br />$1,000.00 per day for each day during which such violation occurs. In this matter, the Board may assess <br />a civil penalty of $7,100.00 to $71,000.00 for 71 days of violation at $100.00 to $1,000.00 per day. <br />Find a civil penalty of $100.00 per day of violation for 71 days for the time period extending from the <br />date of the inspection (February 18, 2015) to the date of this Board Hearing (April 29, 2015), for a civil <br />penalty amount of $7,100.00, with all but $1,000.00 suspended if the Operator complies with the <br />corrective action. <br />Payment of a civil penalty is due within thirty (30) days of the date the signed Board Order is mailed, <br />unless otherwise specified by the Board in the Board Order. <br />Failure to submit the unsuspended portion of the civil penalty by the date specified in the Board Order <br />will result in immediate submittal of those penalties to State collections. <br />Operator(s) Signature: <br />By signing this, the Operator agrees to the stated violation and will comply with the Corrective <br />Action(s) and Civil Penalty outlined above on the Staff Summary Form for Consent Agenda <br />Items. <br />Operator Signature Date Notary Public <br />My Commission expires:_ <br />