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<br />-2- <br />reclamation according to the approved plan, in the area disturbed outside of the <br />approved permit boundaries until such area has been included in an approved <br />permit area. <br />Corrective Action(s): Require the permittee to submit an amendment or <br />conversion application to include the disturbed area outside the current permit <br />area within an approved permit area by January 12, 1997 and to secure approval <br />of such application within 60 days of submittal, if the application is to amend the <br />current 110 permit, or within 120 days of submittal, if the application is to convert <br />the current 110 permit to a 112 permit. <br />CIVIL PENALTY <br />(A civil penalty cannot be issued by the Board against pennltted Construction <br />Material Exploration Operations, C.R.S. 34-32.5-124(7).) <br />A person who violates any provision of a permit issued under C.R.S. 34-32.5-101 <br />shall be subject to a civil penalty of not less than $100.00 per day nor more than <br />$1000.00 per day for each day during which such violation occurs. <br />If the Board chooses, they may suspend all or a portion of the civil penalty to <br />encourage timely compliance with corrective actions. <br />The Board may also suspend all or a portion of the civil penalty based on the <br />permittee's efforts to correct the violation prior to the Board hearing. The <br />permittee has completed the following actions as of October 25, 1996 in order to <br />correct the violation(s): The stockpile was removed and the footprint area <br />smoothed. <br />96NO163 <br />