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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Boazd hereby finds the <br />Operator in violation of Section 34-32.5-116(4)(1) of the Act by failing to protect azeas outside <br />of the affected land from sides or damage during mining operations. The Boazd hereby <br />orders the Operator to cease and desist from conducting mining and any mining-related <br />activities outside of the approved 6.663-acre permit area, except for reclamation activities, <br />until such time as any off-site azea is included in an approved reclamation plan. The Boazd <br />hereby orders the Operator to submit a complete permit amendment within ninety (90) days of <br />the signature date of this Board order. Such permit shall include, at a minimum, (a) a stability <br />assessment prepared by a professional engineer demonstrating an acceptable maximum slope <br />and bench/highwall configuration, and (b) a mining and reclamation plan covering the already <br />disturbed area plus any area intended for future mining and reclamation. The Operator is <br />hereby ordered to submit a reclamation bond of $35,000.00 to the Division within sixty (60) <br />days of the signature date of this Board order. The Board hereby assesses civic penalties in the <br />amount of $1,500.00, based on 15 days of violation at the rate of $100,00 per day, with the <br />number of days calculated as set forth above. Because the Operator self reported the violation, <br />the Board hereby suspends payment of the civil penalties, provided the Operator complies with <br />this Boazd order in a timely manner. <br />Aspen Enterprises NOV 4 <br />February i6, 2006 <br />