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Violation Exists letter (June 24, 2004) through the date of the Board hearing (July 28, 2004) <br />or a total of 34 days. <br />9. Because the Operator violated the Act, it is appropriate that the Board issue a cease and <br />desist order prohibiting further mining activities at the site except for reclamation activities <br />and site maintenance. It is appropriate for the Boazd to order the Operator to undertake <br />corrective actions, namely to either submit a permit amendment application or a permit <br />conversion application to include all lands within the permitted area within 60 days of the <br />signature date of the Order. The permit amendment or conversion application should <br />include a geotechnical stability analysis that specifically addresses the potential for damage <br />to County Road 25 from mining activities and which complies with Rule 6.5. The revised <br />permit should address final reclamation of the steep slopes resulting from mining activities <br />at the site. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds that <br />the Operator violated Sections 34-32.5-116(4)(1) of the Act and Rule 3.1.5(3) by failing to <br />protect areas outside of the affected land from slides or damage during mining operations. <br />The Board hereby orders the Operator to cease and desist from further mining activities <br />except for reclamation and site maintenance activities. The Board hereby orders the Operator <br />to submit within 60 days of the signature date of this Order a permit amendment application <br />or a permit conversion application to include all affected lands within the permit. The permit <br />amendment or conversion application shall include a geotechnical stability analysis that <br />specifically addresses the potential for damage to County Road 25 from mining activities and <br />which complies with Rule 6.5. The revised permit shall address final reclamation of the steep <br />slopes resulting from mining activities at the site. The Board hereby assesses civil penalties in <br />