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2 <br />Corrective Actions(s): <br />Post additional bond in th~=amount of $2,500.00 <br />Require the operator to secure a 1 10 omendment application to permit M-81-057 to <br />include the off site disturbance by April 1, <br />Material (1 12) Extraction Permit by May 29 <br />June 28, 1999 if objections are received. <br />CIVIL PENALTY <br />1999, OR secure an approved Construction <br />1999 if no objections are received and by <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 et. seq. shall be <br />subject to a civil penalty of not less than $100 per day, nor more than $1,000 per day for each <br />day during which such violation occurs (C.R.S. 34-32.5-124(7)). <br />If the Board finds the open~tion to be in violation, the Board should assess the operator a <br />civil penalty of not less than $100 per day, nor more than $1,000 per day for each day <br />the land has been affected. <br />In this case, the Office recommends that the Board could find 42 days of violation at <br />$100.00 to $1,000.00 per day. <br />2. The total civil penalty of $4,200.99 to $42,000.00 is due 30 days from the date of the <br />signed board order. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance <br />with the corrective actions, as well as compliance with the Act and Rules and Regulations. <br />The Board may also suspend all or a portion of the civil penalty based on the permittee's efforts <br />to correct fihe violation(s) prior to the Board hearing. The permittee has completed the <br />following actions as of February 24, 1999 in order to correct the listed potential violation(s): <br />• On February 24, 1999, the operator filed a 1 12 Construction Materials Reclamation <br />Conversion Application. The application is currently under review for completeness and <br />adequacy. <br />