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outside the approved boundaries, it is appropriate for the Board to find the Operator in <br />violation of Section 3432.5-116(4){i) of the Act. <br />9. Because the evidence shows the Operator violated Section 3432.5-116(4)(1) of the Act by <br />disturbing areas outside the approved permit boundary, it is appropriate for the Hoard to <br />assess civil penalties of not less than $100.00 per day nor more than $1,000.00 per day for <br />each day the land has been affected. It is reasonable to assess civil penalties based on a <br />period beginning on the date the Operator self reported (February 2, 2006) through the date <br />of the Boazd hearing (February 16, 2006), or a total of 15 days. <br />10. Because the Operator violated the Act, it is appropriate for the Board to issue a cease and <br />desist order pursttant to Section 34-32.5-124(2) of the Act prohibiting further mining and <br />mining-related activities, except reclamation, outside of the permitted area. It is appropriate <br />for the Boazd to order that such mining-related activities be prohibited until the off-site area <br />is included in an approved reclamation plan. It is appropriate for the Board to order the <br />Operator to undcrtalce corrective actions, namely to submit a complete permit amendment <br />within ninety (90) days of the signature date of this Boazd order. The permit amendment <br />should include, at a minimum, (a) a stability assessment prepared by a professional engineer <br />demonstrating an acceptable maximum slope and bench/highwall configuration, and (b) a <br />mining and reclamation plan covering the already disturbed azea plus any azea intended for <br />future mining and reclamation. It is also reasonable to require the Operator to post a <br />financial warranty in the amount of $35,000.00 within sixty (60) days of the signature date <br />of this Boazd order. <br />t 1. As mitigating factors, it is appropriate for the Boazd to consider that this matter came to the <br />attention of the Division because the Operator self-reported this violation. <br />Aspen Enterprises NOV <br />Febmary 16, 2006 <br />