Laserfiche WebLink
shall first obtain from the Board or Office a reclamation permit pursuant to Section 34-32.5- <br />110,34-32.5-11 or 34-32.5-112." <br />9. Section 34-32.5-123(2) of the Act states: "An operator who operates without a permit shall <br />be subject to a civil penalty of not less than one thousand dollars per day nor more than five <br />thousand dollars per day for each day the land has been affected, not to exceed three <br />hundred sixty five days." <br />10. Section 34-32.5-123(4) of the Act states: "In addition to the civil penalties imposed in <br />subsections (2) and (3) of this section, the Board shall also assess a civil penalty in an <br />amount not less than the amount necessary to cover costs incurred by the Division in <br />investigating the alleged violation." <br />11. Because the Operator commenced mining operations without first obtaining a mining <br />permit, as required by Section 34-32.5-109(1) of the Act, it is appropriate that the Board <br />issue a cease and desist order prohibiting the Operator from further mining activities at the <br />site until such time as a mining permit required by Section 34-32.5-112 of the Act is <br />obtained from the Division. <br />12. Because the Operator operated without a permit, it is appropriate that the Operator be <br />subject to a civil penalty of not less than one thousand dollars per day nor more than five <br />thousand dollars per day for each day the land has been affected, not to exceed three <br />hundred sixty five days, as set forth in Section 34-32.5-123(2) of the Act. It is appropriate <br />that the civil penalty shall be calculated beginning on the date of the site inspection <br />confirming the site disturbance, September 4, 2003, and running through today's date, <br />October 29, 2003, for a total of 56 days. It is also appropriate that such civil penalty shall <br />