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.; <br />-2- <br />CML PENALTY <br />(A civil penalty cannot be issued by the Board against permitted Construction <br />Material Exploration Operations, C.RS. 34-32.5-124(7).) <br />The Division recommends that the civil penalty be assessed in the amount of <br />$5,700.00, at $100.00 per day for 57 days, and that $5,000.00 be suspended due to <br />timely completion of the Division's recommended corrective actions. <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 <br />shall be subject to a civil penalty of not less than $100.00 per day nor more than <br />$1000.00 per day for each day during which such violation occurs. <br />If the Board chooses, they may suspend all or a portion of the civil penalty to <br />encourage timely compliance with corrective actions. <br />The Board may also suspend all or a portion of the civil penalty based on the <br />permittee's efforts to correct the violation prior to the Board hearing. The <br />permittee has completed the following actions as of Aoril 22. 1996, in order to <br />correct the violation(s): <br />The operator has completed a land exchange, whereby undisturbed land was <br />released from the 112 permit, and all offsite disturbance was then included in the <br />permit area. <br />a:\aprilbA3.rro <br />