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Consent Agreement <br />Page 3 <br />November 21, 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 $500.00 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 />