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calculated from the date of the Division inspection (May (9, 2006) through the date of the <br />Board hearing (July l2, 2006) or a total of 55 days. It is also appropriate to assess the <br />Operator civil penalties of $1,132.80, based on 20 hours of staff time at $56.64 per hour, to <br />cover the Division's costs to investigate this violation. It is appropriate to assess these civil <br />penalties pursuant to Section 34-32.5-123 of the Act. <br />l0. 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 outside of the approved <br />permit boundaries until the entire site is properly permitted. [t is likewise appropriate for the <br />Board to order the Operator to undertake corrective actions, namely to obtain approval of a <br />Section L 12(c) Reclamation Permit for the entire operation within 160 days following the <br />signature date of this Board order based on the Division's recommendation. <br />11. It is appropriate for the Board to take into consideration that the Operator filed a Section 112 <br />Conversion Application with the Division on July 12, 2006. <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 outside of the <br />approved permit boundaries until the entire site is permitted. The Board hereby orders the <br />Operator to undertake correction actions, namely to obtain approval of a Section 112(c) <br />Reclamation Permit for the entire operation within 160 days ofthe signature date ofthis Board <br />order. The Board hereby orders the Operator to pay civil penalties in the amount of <br />$56,132.80 based on 55 days of violations at $1,000.00 per day, as calculated above, plus <br />costs of $1,132.80 incurred by the Division staff in investigating this matter. All but <br />$3,132.80 of the total civil penalty of $56, 132.80 shall be suspended i f the Operator <br />Pelino MWP <br />M-1984-043 <br />