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P <br />calculated from the date of the Division inspection (July 11, 2006) through the date of the <br />Board hearing or a total of 36 days. It is also appropriate to assess the Operator civil <br />penalties of $679.68, based on I2 hours of staff time at $56.64 per hour, to cover the <br />Division's costs to investigate this violation. It is appropriate to assess these civil penalties <br />pursuant to Section 34-32.5-123 of the Act. <br />9. Because the Operator violated the Act, it is appropriate for the Board to issue a cease and <br />desist order prohibiting further operations until the mining operation is properly permitted or <br />the entire site is reclaimed. It is appropriate for the Board to order the Operator to undertake <br />corrective actions, namely to obtain approval of a Section 110 or Section 112 Reclamation <br />Permit for the operation by September 30, 2006. It is further appropriate for the Boazd to <br />order the Operator to post a reclamation bond in the amount of $30,000.00 to ensure <br />reclamation of the site, with such bond to be submitted to the Division by September 30, <br />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 or reclamation operations at <br />the site until the Operator obtains approval of a Section 110 or Section 112 Reclamation <br />Permit for the site. The Board hereby orders the Operator to secure a Section 110 or Section <br />112 Reclamation Permit by September 3Q 2006. The Board hereby orders the Operator to <br />pay civil penalties in the amount of $36,000.00 based on 36 days of violations at $1,000.00 <br />per day, as calculated above, plus costs of $679.68 incurred by the Division staff in <br />investigating this matter. All but $679.68 of the total civil penalty of $36,679.68 shall be <br />suspended if the Operator undertakes the prescribed corrective actions by September 30, <br />Florence and Everett Jackson <br />M-2006-053 <br />