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include all of the unauthorized disturbances on Mr. Finley's property; or (2) remove all <br />sediment on Mr. Finley's property, revegetate the unauthorized disturbances, reestablish the <br />boundary markers identifying the boundary between the Operator's permit area and Mr. <br />Finley's property, all to the satisfaction of the Division. <br />11. As mitigating factors, it is appropriate for the Board to consider that the Operator completed <br />all corrective actions recommended by the Division in its May 9, 2006 inspection report. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds <br />the Operator in violation of Section 34-32.5-116(4)(1) of the Act by failing to protect <br />areas outside of the affected land from slides or damage during mining operations. The <br />Board hereby orders the Operator to cease and desist from conducting mining and any <br />mining-related activities outside of the approved permit area. The Boazd hereby orders <br />the Operator to undertake corrective actions, namely to complete one of the following <br />actions by November 15, 2006: (1) secure approval of a permit amendment to include all <br />of the unauthorized disturbances on Mr. Finley's property; or (2) remove all sediment on <br />Mr. Finley's property, revegetate the unauthorized disturbances, reestablish the boundary <br />mazkers identifying the boundary between the Operator's permit area and Mr. Finley's <br />property, all to the satisfaction of the Division. The Board hereby assesses civil penalties in <br />the amount of $5,800.00, based on 58 days of violation at the rate of $100.00 per day, as <br />calculated above. All but $800.00 of the civil penalties aze hereby suspended because the <br />Operator has completed the corrective actions recommended by the Division. The <br />unsuspended civil penalty of $800.00 is due thirty (30) days from the date of the signed <br />Boazd order. <br />SW TKONOV <br />M-2004-078 <br />