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! • <br />CIVIL PENALTY (C. R.S. 34-32.5-I23(2) and (4) bIINING WITHOUT A PERiVIIT (To be completed <br />by staJ~ <br />1. Require the operator and/or landowner to pay a minimum civil penalty in [he amount of .4733 00 , <br />based on 22 hours of staff time at 333301hour. <br />2. If the Board finds the operation to be an illegal Construction Material Ex[raction Operation. [he Board <br />should also assess the operator and/or landowner a civil penalty of not less [han 31.000.00 per day nor <br />more than 35,000.00 per day for each day the land has been affected, not to exceed 365 days. <br />[n this case, the Office recommends that the Board could find 42 days <br />of violation at 3 L000.00 per day. <br />3. The total civil penalty of 3 42.733.00 (Nos. 1 & 2(a)) is due 30 days from the date of the signed Board <br />Order. <br />CIVIL PENALTY (C.R.S. 34-32.5-123(2) and (4)) EXPLORING WITH OUT A PER1bIIT (To be <br />completed by the staffl <br />4. If the Board fmds the operation to be an illegal Construction Material Exploration Operation, the Board <br />should also assess the operator andlorlandowner a civil penalty of not less than $50.00 per day nor more <br />than $200.00 per day for each day the land has been affected, no to exceed 60 days. <br />In this case the Office recommends that the Board fmd days of <br />violation at $ per day. <br />5. The total civil penalty of $ (Nos. 1 & 4) is due 30 days from the date of the signed Board <br />Order. <br />SUSPENSION OF CIVIL PENALTIES <br />The Board may suspend all or a portion of the civil penalty to encourage timely compliance with the corrective actions, <br />and compliance with the Act and Rules and Regulations. <br />