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<br /> <br />(2) Any operator who operates without a permit or a prospector who <br />prospects without filing a notice of intent shall be subject to a civil <br />penalty of not less than one hundred dollars per day nor more than one <br />thousand dollars per day during which such violation occurs; except <br />that any operator eligible for a permit under Section 34-32-110 shall <br />be subject to a civil penalty of not less than fifty dollars nor more <br />than two hundred dollars per day during which such violation occurs. <br />This hearing is open to the public and will be conducted in accordance with <br />the APA. The Board shall afford you the right to appear with legal counsel if <br />you so desire. <br />As specified earlier, the corrective action and the way to abate this hearing <br />is to submit the required $5,000.00 financial warranty and the required <br />performance warranty. <br />Contact this office if you wish to discuss this matter in further detail. <br />Sincerely, <br />~ ~}1 <br />Peter V. O`Connor <br />Reclamation Specialist <br />PVOC/bdc <br />CERTIFIED MAIL P 068 283 296 <br />Return Receipt Requested <br />CERTIFIED MAIL P 068 279 758 11-26-85 <br />Return Receipt Requested <br />