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calculated from the date the Operator reported the violation (March 22, 2006) through the <br />date of the Boazd hearing (July 12, 2006) or a total of 112 days. It is also appropriate to <br />assess the Operator civil penalties of $600.00, based on 12 hours of staff time at $50.00 per <br />hour, to cover the Division's costs to investigate this violation. It is appropriate to assess <br />these civil penalties pursuant to Section 34-32.5-123 of the Act. <br />10. Because the evidence shows the Operator violated the Act, it is appropriate for the Board to <br />issue a cease and desist order prohibiting further mining activities at the site until the mining <br />operation is properly permitted or the entire site is reclaimed. It is likewise appropriate for <br />the Board to order the Operator to undertake corrective actions, namely to obtain approval of <br />a Section 110 Reclamation Permit for the operation by August 18, 2006. <br />11. As mitigating factors, it is appropriate to note that the Operator self-reported the violation <br />and has submitted a complete Section 110 Reclamation Permit application to the Division. <br />The Operator is awaiting final approval from the United States Forest Service so that it can <br />show it has legal right of entry. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds the <br />Operator in violation of Section 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 activities at the site. The <br />Board hereby orders the Operator to undertake corrective actions, namely to obtain approval <br />of a Section 110 Reclamation Permit for the operation by August 18, 2006. The Board hereby <br />orders the Operator to pay civil penalties in the amount of $112,600.00 based on 112 days of <br />violations at $1,000.00 per day, as calculated above, plus costs of $600.00 incurred by the <br />Division staff in investigating this matter. All but $1,600.00 of the total civil penalty shall be <br />suspended if the Operator undertakes the prescribed corrective actions in a timely manner, as <br />Grand County <br />M-2006-029 <br />