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and related to violation M-2005-009, which prohibited the Operator from conducting <br />activities outside the approved permit boundaries. It is therefore appropriate for the Boazd <br />to suspend, modify or revoke the Operator's permit under such terms as the Boazd sees fit. <br />8. Based on the Division's recommendation, it is appropriate for the Boazd to assess civil <br />penalties against the Operator in the amount of $1,000.00 per day for 43 days, calculated <br />beginning October 4, 2005 (the date of the site inspection) through November 16, 2005 (the <br />first available hearing date). It is appropriate to take into account that the Operator has <br />submitted a conversion application to the Division, as requested in prior Boazd orders, and <br />has posted a bond in the amount of $282,000.00, as requested in prior Boazd orders. It is <br />appropriate to suspend a certain portion of the civil penalties if the Operator complies with <br />Boazd-ordered corrective action in a timely manner. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds a <br />violation under Section 34-32.5-124(6) of the Act for violating a permit provision, specifically <br />for failing to abide by the terms of a Boazd cease and desist order signed on January 21, 2005 <br />and related to violation M-2005-009, which prohibited the Operator from conducting activities <br />outside the approved permit boundaries. The Board hereby suspends the Operator's permit <br />(permit number M-1987-028) until such time as the Operator has completed, to the Division's <br />satisfaction, the permit conversion application currently under review. The Boazd hereby orders <br />that such actions must be complete by June 30, 2006. Completion of the conversion application <br />includes posting of an adequate bond and permit issuance. The Boazd hereby orders that <br />reclamation operations maybe continued only for the purpose of bringing the operation into <br />satisfactory compliance with the provisions of the existing permit and temporary sediment <br />control plan. The Board hereby assesses a civil penalty of $43,000.00 based on $1,000.00 per <br />Colo. Marble Feb. 06 II, M-1987-028 <br />