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orders, the Board assessed civil penalties in the amount of $11,100.00 for the three <br />violations MV-2005-009, MV-2005-010 and MV-2005-012, issued cease and desist orders <br />preventing further mining activities outside of the permitted boundaries and ordered the <br />Operator to undertake corrective actions within 180 days of the signed Board orders. The <br />Boazd orders were signed on January 21, 2005, which gave the Operator until July 20, 2005 <br />to comply. <br />3. On June 14, 2005, the Operator requested from the Boazd, and received, an extension to <br />obtain a Section 112 reclamation permit for the entire site by November 17, 2005. <br />4. On November 17, 2005, the Operator requested from the Boazd, and received, an extension <br />to April 1, 2006 to convert its Section 110 permit into a Section 112 permit. The Boazd's <br />order arising from the November 17, 2005 hearing date was not issued until December 5, <br />2005, and it did not address other corrective action due dates from prior Boazd orders. <br />Section 34-32.5-124(6) of the Act states that the Board may suspend, modify or revoke a <br />permit if, following a hearing, the Boazd determines that a violation of a permit provision <br />has occurred. Section 24-4-106(4) of the Administrative Procedures Act authorizes <br />agencies conducting hearings to issue appropriate orders to control the subsequent course of <br />proceedings. <br />6. Based on the Division's recommendation, it is appropriate for the Boazd to modify its prior <br />Boazd order in this matter because it has already found violations of the Operator's permit <br />provisions. See Board Orders M-1987-028 Feb. 06 (I) and (II). <br />7. Based on the Division's recommendation, it is appropriate for the Boazd to modify its prior <br />Board order in this matter by extending the due date for all incomplete Board-ordered <br />Colo. Marble Feb. 06 III, M-1987-028 <br />