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10. Since Schmidt has complied with all demands for corrective action, no cease and desist order is necessary. <br />11. § 34-32.5-124(7), C.R.S. provides that a person who violates any provision of a permit issued under <br />Article 32.5 shall be subject to a civil penalty of not less than one hundred dollazs per day nor more than <br />one thousand dollars per day for each day during which such violation occurs. <br />12. The Division has determined that Schmidt's violation continued for 97 days. Schmidt does not contest this <br />detemunation. <br />13. The Division reports no onsite or offsite damage, nor any health or safety hazard. The Division reports <br />that Schmidt has two past violations, one of which was mining outside the approved permit azea in 1995. <br />That violation has been abated. <br />14. Based on these circumstances, the Board finds that a minimum penalty of $9,700.00 is appropriate, and <br />further finds that given the nature of this violation, Schmidt's cooperation, and its record, all but $700.00 <br />should be suspended. <br />ORDER <br />Based on the above findings of fact and conclusions of law, [he Boazd orders that Schmidt Construction Co. <br />shall pay a penalty of $700.00. <br />DATED this ~ day of ~~- , 2002. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />ichael B. Lon hector <br />Division of Minerals an ogy <br />