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9. Because the Operator and the Contractor operated outside the approved permit boundaries <br />without a permit, it is appropriate that the Board find the Operator and the Contractor in <br />violation of Section 34-32.5-109(1) of the Act. <br />10. Because the Operator and the Contractor engaged in a new operation without a permit, it is <br />appropriate that the Board assess civil penalties of not less than $1,000.00 per day nor more <br />than $5,000.00 per day for each day the land has been affected, calculated from the date of <br />the Division inspection (May 28, 2004) through the date of the Board hearing (July 28, <br />2004) or a total of 62 days. It is also appropriate to assess the Operator and the Contractor <br />civil penalties of $1,132.80, based on 20 hours of staff time at $56.64 per hour, to cover the <br />Division's costs to investigate this violation. It is appropriate to assess civil penalties <br />against the Operator and the Contractor collectively, meaning that either party may pay the <br />required amounts pursuant to any understanding or agreement between the Operator and the <br />Contractor, provided the full amount is paid. <br />11. Because the Operator and the Contractor violated the Act, it is appropriate that the Board <br />issue a cease and desist order prohibiting further operations outside the permitted area until <br />the mining operation is properly permitted or the site rec]aimed. It is appropriate for the <br />Board to order the Operator or the Contractor to undertake corrective actions, namely to <br />obtain approval of Section 110c reclamation permit amendment for the newly disturbed <br />areas (up to 9.9 acres) within 60 days of the signature date of this Order, or, in the <br />alternative, to obtain approval of a Section 112 Extraction Permit within 160 days of the <br />signature date of this Order. <br />