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$100.00 per day nor more than $1,000.00 per day for each day during which a violation <br />occurred, calculated from the date of the Division inspection (September 28, 2004) through <br />the date of the originally scheduled Board hearing (November 16, 2004) or a total of 50 <br />davs. <br />9. Because the Operator violated the Act, it is appropriate for the Board to issue a cease and <br />desist order prohibiting further operations at the site until the Operator addresses the extent <br />of mining on the site, the mining operation is properly permitted or the site is reclaimed. It <br />is appropriate for the Board to order the Operator to undertake corrective actions, namely to <br />obtain approval of a Section 112 Reclamation Permit within 180 days of the mailing of a <br />signed Board Order. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Boazd hereby finds <br />that the Operator violated Sections 34-32.5-116(4)(h) of the Act and Rule 3.1.6 by failing <br />to minimize disturbances to the hydrologic balance of the affected land and of the <br />surrounding area. The Boazd hereby orders the Operator to design and construct a <br />sediment containment structure to prevent further disturbances of the waste fines from <br />moving off site and to design and construct a drainage channel to reduect Taylor Gulch <br />away from the disturbed site. The designs for the sediment pond and drainage channel must <br />be included in the 112c Extraction Permit application and approved within 180 days of the <br />mailing of the signed Board Order and must be adequate for the final reclamation purposes <br />of the site. The Board hereby assesses a civil penalty in the amount of $100 a day for 50 <br />days of violation for a total of $x,000, with all but $1.000 to be suspended. if the operator <br />complies with the corrective actions as described previously. <br />