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-B- be provided to the Division by the November 1993 Board Meeting. The Board decided not to assess civil penalties. 20. FORD'!AL PUBLIC HEARING SKYI,AND PROPERTIES, LIMITED File No. M-81-175 Coneoideration of a possible notice of violation, cease and desist order, corrective actions and civil penalties for the following: 1) removal of topsoil from the permit area, 2) f°ailure to post signs or boundary markers, 3) dumping of construction material on the site, 4) importation of material for backfilling and 5) failure to pay civil penalties for 1991., 1992 and 1993. Staff distributed a letter from the operator received on October 18, 1993, provided background information and discussed the matter with the Board in detail. Staff provided recommendations from presentation forms. The Board found the operator in violation for failure to maintain enough topsoil to fulfill the reclamation according to plan, 2) failure to have a mine I.D. sign or permit boundary markers in place, 3) failure to submit annual reports for 1990, 1991, 1992 and 1993 and annual fees for 1991, 1992 and 1993, and 4) issued a cease and desist order prohibiting any further activity on the site. The corrective actions ordered by the Board included: 1) suspension of the permit until all the violations have been abated, 2) ordering the operator to provide, within 45 days, an accurate calculation of the amount of topsoil remaining onaite for reclamation purposes, 3) ordering the operator to cease removing topsoil from the permit area for any purpose, 4) requiring the operator to import further topsoil to the site to cover the entire permit area according to the plan, in order to maintain the Board's right should any topsoil deficiency be found to exist, 5) requiring the operator to report, within 45 days, on the quality and characteristics of the material that has been imported to the site and whether those are consistent with the post-mining land use, 6) directing the Staff to examine the question of whether it is appropriate to recalculate the bond to include the cost of bringing adequate topsoil onto the site to fulfill the original reclamation plan, if a deficiency is found, and 7) ordering the operator to submit delinquent annual reports and pay past due annual fees. The Board imposed a civil penalty in the amount of $75 per day for 289 days of violation or $22,775 and stated that 50% would be suspended only if the operator completed all of the corrective actions as ordered; the unsuspended portion of the civil penalty must be paid within 30 days and the remainder must be paid within 30 days of date by which corrective actions are to be completed.