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<br />the Act also authorizes the Board to assess a civil penalty in an amount necessary to cover <br />the costs incurred by the Division in investigating an alleged violation of the Act. <br />7. Because the Operator instructed or authorized its contractor to engage in mining-related <br />activities on six acres of disturbed land outside the Operator's permit boundaries, it is <br />appropriate to find the Operator in violation of Section 34-32.5-109(1) of the Act for failing <br />to obtain a reclamation permit before engaging in a new mining operation. <br />8. Because installation of the slurry wall is near completion, it is not appropriate to issue a <br />cease and desist order pursuant to Section 34-32.5-123(1) of the Act at this time. <br />9. Because the Operator conducted mining activities without a permit, it is appropriate that the <br />Board assess a civil penalty ofnot less than $1,000 per day and not more than $5,000 per <br />day of violations pursuant to Section 34-32.5-123(2) of the Act. It is appropriate that the <br />amount of the civil penalty be assessed based on 34 days of violations, beginning with the <br />Division inspection date and continuing through the date of the hearing. It is also <br />appropriate that the Boazd assess a civil penalty in an amount necessary to~cover the costs <br />incurred by the Division in investigating the violations discussed herein pursuant to Section <br />34-32.5-123(4) of the Act. The Division staff estimates that it spent 30 hours of Division <br />time investigating the alleged violations, at $56.64 per hour. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds that the <br />Operator has violated Section 34-32.5-109(1) of the Act for failure to obtain a reclamation <br />permit before commencing new mining activities. The Board hereby orders the Operator to <br />submit a Construction Material Section 110 or Section 112 Reclamation permit application to <br />the Division no later than February 26, 2004, and to secure approval of such a permit no later <br />than June 25, 2004. The Board declines to issue a cease and desist order at this time. The <br />