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Because the Operator failed to salvage and segregate topsoil properly from other spoil and preserve it, it is appropriate for the Board to find the Operator in violation of Section 34- 32.5-116(4)(g) of the Act and Construction Materials Rule 3.19(1). Because the Operator failed to follow the approved reclamation plan, it is appropriate for the Boazd to assess civil penalties of not less than $100.00 per day nor more than $1,000.00 per day for each day during which a violation occurred, calculated from the date of the Division inspection (September 28, 2004) through the date of the originally scheduled Boazd hearing (November 16, 2004) or a total of 50 days. 9. Because the Operator violated the Act, it is appropriate for the Boazd to issue a cease and desist order prohibiting further operations at the site until the Operator addresses the extent of mining on the site, the mining operation is properly permitted or the site is reclaimed. It is appropriate for the Board to order the Operator to undertake con•ective actions, namely to obtain approval of a Section 112 Reclamation Permit within 1 %0 days of the mailing of a signed Board Order. ORDER Based on the foregoing findings of fact and conclusions of law, the Boazd hereby finds that the Operator violated Sections 34-32.5-116(4)(g) of the Act and Rule 3.19(1) by failing to properly salvage and segregate topsoil from other spoils, failing to preserve topsoil from wind and water erosion, and failing to keep topsoil free of contamination and in a useable condition for sustaining vegetation during reclamation. The Board hereby orders the Operator to cease failing to salvage topsoil, to segregate all topsoil that may still exist on site and to store such materials in topsoil stockpiles, to address the shortage of topsoil on site,in order to achieve 4 to 6 inches of topsoil on the pit floors and one foot on the benches over the 20 acres of "