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its allowable effluent limits set forth in its Colorado Department of Public <br /> Health and Environment Discharge Permit System permit (Permit No. <br /> COG500476), in violation of section 34-32.5-116(4)(h), C.R.S. <br /> 25. Butala Construction is assessed a penalty of$69,000 for violations of C.R.S. § <br /> 34-32.5-124 and 34-32.5-116(4)(h). <br /> 26. $10,000 of the assessed civil penalty is suspended if the Operator Butala timely <br /> complies with all of the corrective actions and obligations specified in this <br /> Agreement. <br /> 27. Pursuant to C.R.S. § 34-32.5-124(7) and the above-mentioned findings, the <br /> Division calculated a penalty of$69,000 for the violations based on the following: <br /> Statutory Daily Penalty Start Date End Date Days Total <br /> Violations Penalty <br /> C.R.S. § 34-32.5.124 $1,000 2/9/2023 4/19/2023 69 <br /> $69,000 <br /> and (Date of (Original <br /> DRMS MLRB <br /> C.R.S. § 34-32.5-116(4)(h) Inspection) hearing <br /> date) <br /> Total Calculated Penalty = $69,000 <br /> Suspended portion of penalty= $10 000 <br /> Total Penalty Due- $59,00 <br /> Agreement— Corrective Actions <br /> 28. By way of a third-party consultant, Butala will conduct a survey with <br /> topographic information as well as install permanent field markers delineating <br /> the Mining Restricted Area and the Buffer Area, as well as determine the <br /> accurate volumes of material that have been excavated from the MRA. The <br /> survey, maps, and information shall be submitted with the Permit Amendment <br /> within 90 days of the date of the signed Board Order. <br /> 5 <br />