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Require the operator. ecure an approved Construction Material (~) Extraction Permit by December <br />18, 1998 if no objections are received and by January 16, 1999 if objections are received. <br />CIVIL PENALTY (C.R.S. 34-32.5-123(2) and (4) MINING WITIIOUT A PERMIT <br />Require the operator to pay a minimum civil penalty in the amount of $466.20 based on 14 hours to staff <br />time at $33.30/hour. <br />2. If the Board finds the operation to be an illegal Construction Material Extraction Operation, the Board <br />should also assess the operator a civil penalty of not less than $1,000.00 per day or no more than <br />$5,000.00 per day for each day the land has been affected, not to exceed 365 days. <br />In this case, the Office recommends that the Board could find 50 days of <br />violation at $1,000.00 to $5,000.00 per day. <br />3. The total civil penalty of $50,466.20 to $250,466.20 (Nos. 1 & 2) 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 with the corrective actions, <br />and compliance with the Act and Rules and Regulations. <br />On August 3, 1998, the operator subm fitted a map of the permit area del ineating the affected area outside the permit <br />azea. <br />On September 18, 1998, the operator filed a 112 Construction Materials Reclamation Permit Application. <br />The Division recommends that the Board consider suspension of a portion of the civil penalty since the operator <br />has been cooperative. <br />