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segregate topsoil. In four sepazate orders, the Boazd assessed civil penalties, issued a cease <br />and desist order preventing further mining activities outside of the permitted boundaries and <br />ordered the Operator to undertake corrective actions within 180 days of the signed Boazd <br />orders. The Boazd orders were signed on January 21, 2005, which gave the Operator until <br />July 20, 2005 to comply. <br />3. On June 14, 2005, the Operator requested from the Board, and received, an extension to <br />obtain a Section 112 reclamation permit for the entire site by November 17, 2005. On <br />November 17, 2005, the Operator requested from the Boazd, and received, an extension to <br />April 1, 2006 to convert its Section 110 permit into a Section 112 permit. <br />4. On October 4, 2005, a Division inspector conducted an inspection of the site and observed <br />that the Operator had disturbed approximately .75 acres outside the approved permit <br />boundaries by clearing trees, building an access road and conducting blasting activities. In <br />addition, a waste dump had been extended and additional trees were cleared in apparent <br />preparation for extending the waste dump further. <br />5. Section 34-32.5-124(6) of the Act states that the Boazd may suspend, modify or revoke a <br />permit if, following a hearing, the Board determines that a violation of a permit provision <br />has occurred. <br />6. Section 34-32.5-124(7) of the Act states that persons who violate a permit provision 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. Based on the Division's recommendation, it is appropriate for the Boazd to find a violation <br />under Section 34-32.5-124(6) of the Act for violating a permit provision, specifically for <br />failing to abide by the terms of a Board cease and desist order signed on January 21, 2005 <br />Colo. Mazble Feb. 06 II, M-1987-028 <br />