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Consent Agreement <br /> Page 3 <br /> November 22, 2016 <br /> Corrective Action(s): <br /> Require the Operator to submit a Conversion Application to modify the permit/affected area to <br /> incorporate the entire disturbed area. The Operator shall obtain an approved Conversion <br /> Application Permit within 180 days of the effective date of the Board Order. <br /> Civil Penalty: <br /> Pursuant to C.R.S. § 34-32.5-123(2), a Civil Penalty may be assessed in an amount not less than <br /> $1,000.00 per day nor more than$5,000.00 per day the land has been affected, not to exceed 365 <br /> days. <br /> In this case, there are 37 days of violation(from the date of the Reason to Believe a <br /> Violation Exists and Notice of Board Hearing Letter on November 8, 2016 to the <br /> December 15, 2016 Board Meeting), resulting in a range of civil penalty not less than <br /> $37,000.00 and not more than$185,000.00. <br /> In this matter the Division proposes a civil penalty of$37,000.00 based on 37 days of violation <br /> at$1,000.00 per day. The Board will suspend all but 5$ 00.00 of the assessed civil penalty to <br /> encourage timely compliance from the Operator. <br /> Payment of the un-suspended portion of the civil penalty, $500.00, is due within 30 days of the <br /> effective date of this Board Order. Failure by the Operator to comply by the Board Order due <br /> date shall result in the suspended portion of the civil penalty, $36,500.00, becoming effective and <br /> due. <br />