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9. Because the Operator violated the Act, it is appropriate that the Board issue a cease and <br />desist order prohibiting further operations at the site until the mining operation is properly <br />permitted or the site reclaimed. It is appropriate for the Board to order the Operator to <br />undertake corrective actions, namely to obtain approval of Section 110c Reclamation Permit <br />amendment for the newly disturbed areas within 60 days of receipt of a signed Order, or, in <br />the alternative, to obtain approval of a Section 112 Extraction Permit within 150 days of <br />receipt of a signed Order. It is appropriate to require a reclamation bond in the interim in the <br />amount of $7,500.00 based on three acres calculated at $2,500.00 per acres. <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 a new operation <br />without first obtaining a permit. The Board hereby orders the Operator to cease all mining or <br />reclamation operations at the site until the Operator obtains approval of Section 110c <br />Reclamation Permit for the site within 60 days of the date this Order is signed, or, in the <br />alternative, obtains approval of a Section 112 Extraction Permit within 150 days of the date <br />this Order is signed. The Board hereby orders the Operator to pay civil penalties in the <br />amount of $50,019.52 based on $1,000.00 per day calculated from the date of the Division <br />inspection, May 28, 2004, through the date of the Board hearing, July 29, 2004, a total of 49 <br />days, plus costs incurred by the Division staff in investigating this matter, or $1,019.52. All <br />but $2,000.00 shall be suspended if the Operator or the Contractor undertake the prescribed <br />corrective actions in a timely manner, as described herein. <br />DATED this ZZ ~ d of ~~~Y l~fl'~~ ~ ~ , 2004 <br />Y <br />