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,_ ..., • 2 Cease and Desist Order: Recommend a cease and desist order for areos outside the permit area (3 ocres) Corrective Actions(sj: Require the operator to secure an approved Construction Material (1 12) Extraction Permit by April 20, 1999 if no objections are received and by May 19. 1999 if objections are received. CIVIL PENALTY A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. sea. shall be subject to a civil penalty of not less than $100 per day, nor more than $1,000 per day for each day during which such violation occurs (C.R.S. 34-32.5-124(7)). Require the operator to pay a minimum civil penalty in the amount of $455.16 based on 12 hours to staff time at $37.93/hour. 2. If the Board finds the operation to be an illegal Construction Material Extraction Operation, the Board should also assess the operator a civil penalty of not less than $100 per day, nor more than $1,000 per day for each day the land has been affected. • In this case, the Office recommends that the Board could find 59 days of violation at $100.00 to $1,000.00 per day. The total civil penalty of $6.355.16 to $59,455.16 (Nos. 1 8. 2) is due 30 days from the date of the signed board order. SUSPENSION OF CIVIL PENALTIES The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective actions, as well as compliance with the Act and Rules and Regulations. The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts to correct the violation(s) prior to the Board hearing. The permittee has completed the following actions as of January 26, 1999 in order to correct the listed potential violation(s): On January 20, 1999,.the operator filed a 112 Construction Materials Reclamation Permit Application. The application is currently under review for completeness and adequacy.