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10. The Division issued to Agile a Notice of Violation ("NOV") dated June 11, 2003 alleging the violations as described above. The NOV scheduled a conference to provide Agile with an opportunity to present data, azguments, and other information concerning the alleged violations. The NOV conference was held on December 18, 2003 at the Division's offices. During the conference Ms. Stutzman, Ms. McMillan and Mr. Ryder offered testimony regarding the violations described above. Agile was given the opportunity to question these witnesses regarding their testimony. Additionally, Mr. Randy Case, on behalf of Agile, offered testimony regarding the violations. Based on the testimony given at the conference and its inspections of the Quarry and records pertaining to the Quarry prior to the conference, the Division issues this Compliance Order and Assessment of Civil Penalties. II. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, and pursuant to § § 25- 7-115(3)(b) and (c), C.R.S., as amended, Agile is hereby ordered to comply with the following requirements: 1. Effectively immediately, and henceforth, Agile shall comply with all applicable permit, statutory and regulatory requirements in the regulation and control of air pollutants from the Quarry. 2. This Compliance Order shall constitute a final order of the Division. III, PENALTIES 1. After due consideration of those factors listed in §§ 25-7-122(2)(x) and (b), C.R.S., as amended, the Division has assessed a penalty in the amount of Fifty-Seven Thousand Seven Hundred and Fifty Dollars ($57,750.00) against Agile for the violations cited in Section I of this Compliance Order: 2. The penalty of Fifty-Seven Thousand Seven Hundred and Fifty Dollazs ($57,750.00) shall be paid by Agile to the Colorado Department of Public Health and Environment, Air Pollution Control Division within thirty calendaz days of the effective date of this order. The penalty shall be sent to Legal Administrator, Air Pollution Control Division, Colorado Department of Public Health and Environment, Mail Code APCD-SS-B1, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. IV..OPPORTUNITY TO APPEAL Pursuant to § 25-7-115(4)(a), C.R.S., as amended, Agile has the right to file a written petition with the Air Quality Control Commission within twenty (20) days of receipt of this Compliance Order, requesting a hearing to determine any one or all of the following items. Whether the alleged violation or noncompliance exists or did exist.