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Materials Rule 3.1.5(3) require an operator to protect all areas outside of the affected lands <br />from slides or damage occurring during the mining operation and reclamation. <br />6. Section 34-32.5-124(7) of the Act provides that any person who violates the Act shall be <br />subject to a civil penalty of not less than $100.00 per day nor more than $1,000.00 per day <br />for each day during which a violation occurs. <br />7. Section 34-32.5-124(2) of the Act provides that if the Board determines that any provision <br />of the Act or of any permit has been violated, it may issue a cease and desist order and set <br />forth corrective actions to be undertaken by the operator. <br />8. Because the evidence shows the Operator failed to protect all aeeas outside of the affected <br />lands from slides or damage occurring during the mining operation by dischazging mud and <br />water outside the approved boundaries, it is appropriate for the Board to find the Operator in <br />violation of Section 34-32.5-116(4)(1) of the Act. <br />9. Because the evidence shows the Operator violated Section 34-32.5-116(4)(1) of the Act by <br />disturbing areas outside the approved permit boundary, it is appropriate for the Board to <br />assess civil penalties of not less than $100.00 per day nor more than $1,000.00 per day for <br />each day the land has been affected. It is reasonable to assess civil penalties beginning on <br />the date of the Division inspection (May 9, 2006) through the date that corrective actions <br />were completed by the Operator (July 6, 2006), or a total of 58 days. <br />10. Because the evidence shows the Operator violated the Act, it is appropriate for the Board to <br />issue a cease and desist order pursuant to Section 34-32.5-124(2) of the Act prohibiting <br />further disturbances outside of the permitted area. In addition, it is appropriate for the Board <br />to order the Operator to undertake corrective actions, namely to complete one of the <br />following actions by November 15, 2006: (1) secure approval of a permit amendment to <br />SW TKONOV <br />M-2004-078 <br />