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• Pale 2 <br /> <br />6. § 34-32.5-123, C.R.S. authorizes the Board to assess a penalty of not less than one thousand dollars per day <br />nor more than five thousand dollars per day for each day the land has been affected. The Board finds it <br />appropriate to assess the minimum penalty for each day during which the land in question has been affected. <br />The land has been affected since July 18, and continues to this day. The land has been affected for 37 days, <br />thereby warranting a penalty of $37,000.00. <br />7. [vir. Stevens testited that the Respondent has no history of prior violations, created no health or safety <br />hazards, and affected its own land. In consideration of these facts, and to further encourage the Respondent <br />to obtain the appropriate permit in a timely manner, the Board finds it appropriate Co suspend the $37,000.00 <br />penalty, provided the Respondent complies with this order. <br />8. § 34-32.5-123, C.R.S. further authorizes the Board to assess a penalty to cover the costs of the Division's <br />investigation of the violation. Mr. Stevens testified that the Division incurred costs of $227.58. The Board <br />finds it appropriate to assess that amount as an additional penalty. <br />