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Because the Operator commenced mining operations on lands outside of the approved <br />permit boundaries without fast obtaining a mining pennit, as required by Section 34-32.5- <br />109(1) of the Act, it is appropriate that the Board issue a cease and desist order prohibiting <br />the Operator from further mining activities at the site until such time as a mining permit <br />amendment, incorporating the disturbed azea into the permit, is obtained from the Division. <br />The requested amendment should be submitted no later than Mazch 21, 2004 and approved <br />no later than June 19, 2004. It is appropriate that the Board require an additional financial <br />warranty in the amount of $11,500 to be submitted to.the Division no later than Mazch 22, <br />2004. <br />9. Because the Operator conducted mining operations outside of the approved permit <br />boundaries and thus operated without a permit, it is appropriate that the Operator be subject <br />to a civil penalty of not less than one thousand dollars per day nor more than five thousand <br />dollazs per day for each day the land has been affected, not to exceed three hundred sixty . <br />five days, as set forth in Section 34-32.5-123(2) of the Act. It is appropriate that the civil , <br />penalty shall be calculated based on a total of 52 days of potential violations. It is also <br />appropriate that such civil penalty shall include an amount necessary to cover costs incurred <br />by the Division in investigating the violation, estimated at 30 hours of staff time. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board orders that the <br />Operator cease and desist all mining operations at the site until such time as a mining permit <br />amendment is issued by the Division. Such amendment must be submitted to the Division by <br />March 21, 2004 and approved no later than June 19, 2004. An additional financial warranty <br />in the amount of $11,500 must be submitted to the Division by March 22, 2004. The Operator <br />is hereby assessed a civil penalty of $53,699.20 based on 30 hours staff time at $56.64 per <br />