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2023-03-17_PERMIT FILE - M2022006
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2023-03-17_PERMIT FILE - M2022006
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Last modified
3/20/2023 8:31:15 PM
Creation date
3/20/2023 8:16:20 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2022006
IBM Index Class Name
Permit File
Doc Date
3/17/2023
Doc Name
Consent Agenda Summary Form
From
Sema Construction
To
DRMS
Email Name
PSH
JLE
Media Type
D
Archive
No
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Motorcross Pit Consent Agreement <br /> Page 2 of 3 <br /> March 14,2023 <br /> STAFF RECOMMENDATION <br /> Violation: <br /> Find a violation of: <br /> • C.R.S. 34-32.5-124(1)for failure to comply with the conditions of the permit. <br /> Corrective Action(s): <br /> 1. The Operator must ensure all future material removed from the site will be for the sole purpose of <br /> supplying material to the 1-25 CDOT contract as provided in Exhibit K of the approved permit <br /> application for Permit No. M-2022-006. <br /> Civil Penalty: <br /> Pursuant to C.R.S. § 34-32.5-124(7), a person who violates any provision of a permit shall be <br /> subject to a civil penalty of not less than $100 per day nor more than $1,000 per day for each <br /> day during which such violation occurs. <br /> In this matter, the Board may assess a civil penalty of$3,600 to $36,000 for 36 days of violation. <br /> The 36 days of violation were calculated from the date of the Reason To Believe and Notice of <br /> MLRB Hearing (RTB) letter dated March 14, 2023 to the Board meeting scheduled for April 19, <br /> 2023. In this matter, the Division will assess a civil penalty of$6,000 for six (6) days of violation. <br /> The civil penalty of$6,000 is due within 30 days of the effective date of the Board's Order <br /> finding the violation which will be sent under a separate cover. Failure of the Operator to <br /> comply by the Board Order shall result in further enforcement action. <br />
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