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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 presently permitted azea. In addition, it is appropriate for <br />the Board to order the Operator to undertake corrective actions, namely to file a complete <br />Amendment application incorporating the disturbed azea into the current Section 110c <br />Reclamation Permit and including adequate financial warranties. It is appropriate to require <br />the Operator to obtain such an Amendment within 45 days of the date the Boazd order is <br />signed in this matter. It is appropriate to allow the Operator to continue actions outside of <br />the approved permit boundaries only for the purpose of bringing the operation into <br />compliance. <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 and Rule 3.1.5(3) by <br />failing to protect areas outside of the affected land from slides or damage during mining <br />operations. The Board hereby orders the Operator to cease and desist from conducting <br />mining and any mining-related activities outside of the approved permit azea. The Boazd <br />hereby orders the Operator to undertake corrective actions, namely to file a complete <br />Amendment application with the Division incorporating the disturbed azea into the existing <br />Section 110c Reclamation Permit and to provide adequate financial warranties. The <br />Operator shall obtain such Amendment within 45 days of the signature date of this $oazd <br />order. The Operator may continue actions outside the approved boundaries only for the <br />purpose of bringing the operation into compliance. The Board hereby assesses civil <br />penalties in the amount of $5,500.00, based on 55 days of violation at the rate of $100.00 <br />per day, as calculated above. All but $300.00 of the civil penalties will be suspended if the <br />Clyde Couch, M-1989-023 <br />