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8. Because the Operator engaged in a new operation without &rst obtaining a reclamation <br />permit, it is appropriate for the Board to assess civil penalties of not less than $1,000.00 per <br />day nor more than $5,000.00 per day for each day the land has been affected, calculated <br />from the date of the Division inspection (September 28, 2004) through the date of the <br />originally scheduled Board hearing (November 16, 2004) or a total of 50 days It is also <br />appropriate to assess the Operator civil penalties of $1,416.00, based on 25 hours of staff <br />time at $56.64 per hour, to cover the Division's costs to investigate this violation. It is <br />appropriate to assess these civil penalties pursuant to Section 34-32.5-123 of the Act. The <br />Board may consider a request by the Operator to reduce the amount of the civil penalties <br />assessed, taking into account the extent of compliance with this Order. <br />Because the Operator violated the Act, it is appropriate that the Board issue a cease and <br />desist order prohibiting further operations outside of the permit boundaries until the mining <br />operation is properly permitted or the entire site is reclaimed. It is appropriate for the Board <br />to order the Operator to undertake corrective actions, namely to obtain approval of a Section <br />112 Reclamation Permit for the entire operation within 180 days of the mailing of a signed <br />Board Order. The 180 days are calculated to provide the Operator enough time to gain <br />access to the site following winter snowmelt in order to prepare a Section 112 Reclamation <br />Permit application. It also leaves open the possibility that the Operator may conduct mining <br />operations this year during the shortened mining season. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds that <br />the Operator violated Sections 34-32.5-109(1) of the Act by engaging in mining without a <br />permit. The Board hereby orders the Operator to cease all mining or reclamation operations <br />outside of the permitted area until the Operator obtains approval of a Section 112 Extraction <br />